CS for CS for SB 186                             First Engrossed
       
       
       
       
       
       
       
       
       2015186e1
       
    1                        A bill to be entitled                      
    2         An act relating to alcoholic beverages; amending s.
    3         402.82, F.S.; conforming provisions; prohibiting
    4         electronic benefits transfer cards from being used or
    5         accepted to purchase an alcoholic beverage; amending
    6         s. 561.221, F.S.; providing requirements for a
    7         licensed manufacturer of malt beverages to sell such
    8         beverages directly to consumers; providing
    9         requirements for a licensed manufacturer to obtain a
   10         vendor’s license; specifying circumstances under which
   11         a manufacturer may sell alcoholic beverages under its
   12         vendor’s license; amending s. 561.42, F.S.; deleting a
   13         prohibition against certain entities conducting
   14         tastings; revising requirements for promotional
   15         displays and advertising; amending s. 561.5101, F.S.;
   16         conforming a cross-reference; amending s. 561.57,
   17         F.S.; revising restrictions on the vehicle required
   18         for use by a vendor who transports alcoholic
   19         beverages; modifying provisions related to vehicle
   20         permits for vendors; amending s. 562.07, F.S.;
   21         conforming provisions; amending s. 562.34, F.S.;
   22         providing that possessing and transporting a growler
   23         is lawful; amending s. 563.06, F.S.; conforming
   24         provisions; providing for a malt beverage container
   25         defined as a growler; providing requirements for
   26         growlers; creating s. 563.09, F.S.; authorizing a
   27         licensed manufacturer, distributor, or importer of
   28         malt beverages to conduct a malt beverage tasting;
   29         providing requirements and limitations; amending s.
   30         565.03, F.S.; defining the term “branded product”;
   31         revising the limitation on the number of containers
   32         that may be sold to consumers by craft distilleries;
   33         applying such limitation to individual containers for
   34         each branded product; prohibiting a craft distillery
   35         from shipping or arranging to ship any of its
   36         distilled spirits to consumers; limiting the sale and
   37         delivery of distilled spirits; revising a restriction
   38         on certain craft distillery ownership; requiring the
   39         Department of Transportation to install certain
   40         directional signs at specified locations upon the
   41         request of a craft distillery licensed in this state;
   42         requiring the requesting craft distillery to pay
   43         specified costs; providing an effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Paragraph (a) of subsection (4) of section
   48  402.82, Florida Statutes, is amended to read:
   49         402.82 Electronic benefits transfer program.—
   50         (4) Use or acceptance of an electronic benefits transfer
   51  card is prohibited at the following locations or for the
   52  following activities:
   53         (a) The purchase of an alcoholic beverage as defined in s.
   54  561.01 and sold pursuant to the Beverage Law An establishment
   55  licensed under the Beverage Law to sell distilled spirits as a
   56  vendor and restricted as to the types of products that can be
   57  sold under ss. 565.04 and 565.045 or a bottle club as defined in
   58  s. 561.01.
   59         Section 2. Subsection (2) of section 561.221, Florida
   60  Statutes, is amended to read:
   61         561.221 Licensing of manufacturers and distributors as
   62  vendors and of vendors as manufacturers; conditions and
   63  limitations.—
   64         (2)(a)Notwithstanding s. 561.22, 561.42, or any other
   65  provision of the Beverage Law, the division is authorized to
   66  issue vendor’s licenses to a manufacturer of malt beverages,
   67  even if such manufacturer is also licensed as a distributor, for
   68  the sale of alcoholic beverages on property consisting of a
   69  single complex, which property shall include a brewery and such
   70  other structures which promote the brewery and the tourist
   71  industry of the state. However, such property may be divided by
   72  no more than one public street or highway.
   73         (b) The licensed vendor premises shall be included on the
   74  sketch or diagram defining the licensed premises submitted with
   75  the manufacturer’s license application pursuant to s.
   76  561.01(11). All sketch or diagram revisions by the manufacturer
   77  must be approved by the division, verifying that the vendor
   78  premises operated by the licensed manufacturer is owned or
   79  leased by the manufacturer and is located on the licensed
   80  manufacturing premises.
   81         (c) Notwithstanding any other provision of the Beverage
   82  Law, a manufacturer holding multiple manufacturing licenses may
   83  transfer malt beverages to a licensed facility, as provided in
   84  s. 563.022(14)(d), in an amount up to the yearly production
   85  amount at the receiving facility. Malt beverages and other
   86  alcoholic beverages manufactured by another licensed
   87  manufacturer, including any malt beverages that are owned in
   88  whole or in part by the manufacturer but are brewed by another
   89  manufacturer, must be obtained through a licensed distributor
   90  that is not also a licensed manufacturer, a licensed broker or
   91  sales agent, or a licensed importer.
   92         (d) A manufacturer possessing a vendor’s license under this
   93  subsection is not permitted to make deliveries under s.
   94  561.57(1).
   95         (e) The division is authorized to issue up to eight
   96  vendor’s licenses to a manufacturer of malt beverages pursuant
   97  to this subsection.
   98         Section 3. Subsection (14) of section 561.42, Florida
   99  Statutes, is amended to read:
  100         561.42 Tied house evil; financial aid and assistance to
  101  vendor by manufacturer, distributor, importer, primary American
  102  source of supply, brand owner or registrant, or any broker,
  103  sales agent, or sales person thereof, prohibited; procedure for
  104  enforcement; exception.—
  105         (14) The division shall adopt reasonable rules governing
  106  promotional displays and advertising, which rules shall not
  107  conflict with or be more stringent than the federal regulations
  108  pertaining to such promotional displays and advertising
  109  furnished to vendors by distributors, manufacturers, importers,
  110  primary American sources of supply, or brand owners or
  111  registrants, or any broker, sales agent, or sales person
  112  thereof; however:
  113         (a) If a manufacturer, distributor, importer, brand owner,
  114  or brand registrant of malt beverage, or any broker, sales
  115  agent, or sales person thereof, provides a vendor with
  116  expendable retailer advertising specialties such as trays,
  117  coasters, mats, menu cards, napkins, cups, glasses,
  118  thermometers, and the like, such items may shall be sold only at
  119  a price not less than the actual cost to the industry member who
  120  initially purchased them, without limitation in total dollar
  121  value of such items sold to a vendor.
  122         (b) Without limitation in total dollar value of such items
  123  provided to a vendor, a manufacturer, distributor, importer,
  124  brand owner, or brand registrant of malt beverage, or any
  125  broker, sales agent, or sales person thereof, may rent, loan
  126  without charge for an indefinite duration, or sell durable
  127  retailer advertising specialties such as clocks, pool table
  128  lights, and the like, which bear advertising matter.
  129         (c) If a manufacturer, distributor, importer, brand owner,
  130  or brand registrant of malt beverage, or any broker, sales
  131  agent, or sales person thereof, provides a vendor with consumer
  132  advertising specialties such as ashtrays, T-shirts, bottle
  133  openers, shopping bags, and the like, such items may shall be
  134  sold only at a price not less than the actual cost to the
  135  industry member who initially purchased them, and but may be
  136  sold without limitation in total value of such items sold to a
  137  vendor.
  138         (d) A manufacturer, distributor, importer, brand owner, or
  139  brand registrant of malt beverage, or any broker, sales agent,
  140  or sales person thereof, may provide consumer advertising
  141  specialties described in paragraph (c) to consumers on any
  142  vendor’s licensed premises.
  143         (e)Manufacturers, distributors, importers, brand owners,
  144  or brand registrants of beer, and any broker, sales agent, or
  145  sales person thereof, shall not conduct any sampling activities
  146  that include tasting of their product at a vendor’s premises
  147  licensed for off-premises sales only.
  148         (e)(f)A manufacturer Manufacturers, distributor
  149  distributors, importer importers, brand owner owners, or brand
  150  registrant registrants of malt beverages beer, and any broker,
  151  sales agent, or sales person thereof or contracted third-party,
  152  may shall not engage in cooperative advertising with a vendor
  153  and may not name a vendor in any advertising for a malt beverage
  154  tasting authorized under s. 563.09 vendors.
  155         (f)(g)A distributor Distributors of malt beverages beer
  156  may sell to a vendor vendors draft equipment and tapping
  157  accessories at a price not less than the cost to the industry
  158  member who initially purchased them, except there is no required
  159  charge, and the a distributor may exchange any parts that which
  160  are not compatible with a competitor’s system and are necessary
  161  to dispense the distributor’s brands. A distributor of malt
  162  beverages beer may furnish to a vendor at no charge replacement
  163  parts of nominal intrinsic value, including, but not limited to,
  164  washers, gaskets, tail pieces, hoses, hose connections, clamps,
  165  plungers, and tap markers.
  166         Section 4. Subsection (1) of section 561.5101, Florida
  167  Statutes, is amended to read:
  168         561.5101 Come-to-rest requirement; exceptions; penalties.—
  169         (1) For purposes of inspection and tax-revenue control, all
  170  malt beverages, except those manufactured and sold by the same
  171  licensee, pursuant to s. 561.221(2) or (3) s. 561.221(3), must
  172  come to rest at the licensed premises of an alcoholic beverage
  173  wholesaler in this state before being sold to a vendor by the
  174  wholesaler. The prohibition contained in this subsection does
  175  not apply to the shipment of malt beverages commonly known as
  176  private labels. The prohibition contained in this subsection
  177  shall not prevent a manufacturer from shipping malt beverages
  178  for storage at a bonded warehouse facility, provided that such
  179  malt beverages are distributed as provided in this subsection or
  180  to an out-of-state entity.
  181         Section 5. Subsections (3), (4), (5), and (6) of section
  182  561.57, Florida Statutes, are amended to read:
  183         561.57 Deliveries by licensees.—
  184         (3) A licensed vendor may transport alcoholic beverage
  185  purchases from a distributor’s place of business to the vendor’s
  186  licensed premises or off-premises storage, if the vehicle used
  187  to transport the alcoholic beverages is owned or leased by the
  188  vendor or any person who has been disclosed on a license
  189  application filed by the vendor and approved by the division and
  190  a valid vehicle permit has been issued for such vehicle. A
  191  vehicle owned or leased by a person disclosed on a license
  192  application filed by the vendor and approved by the division
  193  under this subsection must be operated by such person when
  194  transporting alcoholic beverage purchases from a distributor’s
  195  place of business to the vendor’s licensed premises or off
  196  premises storage.
  197         (4) A vehicle permit may be obtained by a licensed vendor
  198  or any person authorized in subsection (3) upon application and
  199  payment of a fee of $5 per vehicle to the division. The
  200  signature of the person authorized in subsection (3) must be
  201  included on the vehicle permit application. Such permit remains
  202  valid and does not expire unless the vendor or any person
  203  authorized in subsection (3) disposes of his or her vehicle, or
  204  the vendor’s alcoholic beverage license is transferred,
  205  canceled, not renewed, or is revoked by the division, whichever
  206  occurs first. The division shall cancel a vehicle permit issued
  207  to a vendor upon request from the vendor. The division shall
  208  cancel a vehicle permit issued to any person authorized in
  209  subsection (3) upon request from that person or the vendor. By
  210  acceptance of a vehicle permit, the vendor or any person
  211  authorized in subsection (3) agrees that such vehicle is always
  212  subject to inspection and search without a search warrant, for
  213  the purpose of ascertaining that all provisions of the alcoholic
  214  beverage laws are complied with, by authorized employees of the
  215  division and also by sheriffs, deputy sheriffs, and police
  216  officers during business hours or other times that the vehicle
  217  is being used to transport or deliver alcoholic beverages. A
  218  vehicle permit issued under this subsection and invoices or
  219  sales tickets for alcoholic beverages purchased and transported
  220  must be carried in the vehicle used by the vendor or any person
  221  authorized in subsection (3) when the vendor’s alcoholic
  222  beverages are being transported or delivered.
  223         (4)(5) Nothing contained in this section shall prohibit
  224  deliveries by the licensee from his or her permitted storage
  225  area or deliveries by a distributor from the manufacturer to his
  226  or her licensed premises; nor shall a pool buying agent be
  227  prohibited from transporting pool purchases to the licensed
  228  premises of his or her members with the licensee’s owned or
  229  leased vehicles, and in such cases, no vehicle permit shall be
  230  required in the transporting of such alcoholic beverages. In
  231  addition, a licensed salesperson of wine and spirits is
  232  authorized to deliver alcoholic beverages in his or her vehicle
  233  on behalf of the distributor without having to obtain a vehicle
  234  permit.
  235         (5)(6) Common carriers may are not required to have vehicle
  236  permits to transport alcoholic beverages.
  237         Section 6. Subsections (2), (3), (4), and (5) of section
  238  562.07, Florida Statutes, are amended to read:
  239         562.07 Illegal transportation of beverages.—It is unlawful
  240  for alcoholic beverages to be transported in quantities of more
  241  than 12 bottles except as follows:
  242         (2) In the owned or leased vehicles of licensed vendors or
  243  any persons authorized in s. 561.57(3) transporting alcoholic
  244  beverage purchases from the distributor’s place of business to
  245  the vendor’s licensed place of business or off-premises storage
  246  and to which said vehicles are carrying a permit and invoices or
  247  sales tickets for alcoholic beverages purchased and transported
  248  as provided for in the alcoholic beverage law;
  249         (3) By individuals who possess such beverages not for
  250  resale within the state;
  251         (4) By licensed manufacturers, distributors, or vendors
  252  transporting delivering alcoholic beverages pursuant to s.
  253  561.57 away from their place of business in vehicles which are
  254  owned or leased by such licensees; and
  255         (5) By a vendor, distributor, pool buying agent, or
  256  salesperson of wine and spirits as outlined in s. 561.57(4) s.
  257  561.57(5).
  258         Section 7. Subsection (6) of section 562.34, Florida
  259  Statutes, is created to read:
  260         562.34 Containers; seizure and forfeiture.—
  261         (6) Notwithstanding the provisions of this section, it
  262  shall not be unlawful for any person to have in her or his
  263  possession, custody, or control a growler as described in s.
  264  563.06(7), either full or empty, or to transport such growler.
  265         Section 8. Subsections (1) and (6) of section 563.06,
  266  Florida Statutes, are amended, present subsection (7) is
  267  redesignated as subsection (8), and a new subsection (7) is
  268  added to that section, to read:
  269         563.06 Malt beverages; imprint on individual container;
  270  size of containers; exemptions.—
  271         (1) On and after October 1, 1959, All taxable malt
  272  beverages packaged in individual containers possessed by any
  273  person in the state for the purpose of sale or resale in the
  274  state, except operators of railroads, sleeping cars, steamships,
  275  buses, and airplanes engaged in interstate commerce and licensed
  276  under this section, shall have imprinted thereon in clearly
  277  legible fashion by any permanent method the word “Florida” or
  278  “FL” and no other state name or abbreviation of any state name
  279  in not less than 8-point type. The word “Florida” or “FL” shall
  280  appear first or last, if imprinted in conjunction with any
  281  manufacturer’s code. A facsimile of the imprinting and its
  282  location as it will appear on the individual container shall be
  283  submitted to the division for approval.
  284         (6) With the exception of growlers as described in
  285  subsection (7), all malt beverages packaged in individual
  286  containers sold or offered for sale by vendors at retail in this
  287  state shall be in individual containers containing no more than
  288  32 ounces of such malt beverages; provided, however, that
  289  nothing contained in this section shall affect malt beverages
  290  packaged in bulk, or in kegs, or in barrels or in any individual
  291  container containing 1 gallon or more of such malt beverage
  292  regardless of individual container type.
  293         (7) Notwithstanding any other provision of the Beverage
  294  Law, a malt beverage may be packaged in a growler, which is an
  295  individual container that holds 32, 64, or 128 ounces of such
  296  malt beverage if it is filled at the point of sale.
  297         (a) A growler may be filled or refilled by any of the
  298  following:
  299         1. A licensed manufacturer of malt beverages holding a
  300  vendor’s license under s. 561.221(2).
  301         2. A vendor holding a quota license under s. 561.20(1) or
  302  s. 565.02(1)(a) that authorizes the sale of malt beverages.
  303         3. A vendor holding a license under s. 563.02(1)(b)-(f), s.
  304  564.02(1)(b)-(f), or s. 565.02(1)(b)-(f), unless such license
  305  restricts the sale of malt beverages to sale for consumption
  306  only on the premises of such vendor.
  307         (b) A growler must include an imprint or label that
  308  provides information specifying the name of the manufacturer,
  309  the brand, and the anticipated percentage of alcohol by volume
  310  of the malt beverage. The container must have an unbroken seal
  311  or be incapable of being immediately consumed.
  312         (c) A licensee authorized to fill or refill growlers may
  313  not use growlers for the purposes of distribution or sale
  314  outside of the licensed manufacturing premises or licensed
  315  vendor premises.
  316         (d) A person, firm, or corporation, including its agents,
  317  officers, or employees, which violates this subsection commits a
  318  misdemeanor of the first degree, punishable as provided in s.
  319  775.082 or s. 775.083, and the license held by the person, firm,
  320  or corporation, if any, is subject to revocation or suspension
  321  by the division. A person, firm, or corporation, including its
  322  agents, officers, or employees, which violates paragraph (b),
  323  may be subject to a fine by the division of up to $250.
  324         Section 9. Section 563.09, Florida Statutes, is created to
  325  read:
  326         563.09 Malt beverage tastings by distributors and
  327  manufacturers.—
  328         (1) A manufacturer, distributor, or importer of malt
  329  beverages, or any contracted third-party agent thereof, may
  330  conduct sampling activities that include the tasting of malt
  331  beverage products on:
  332         (a) The licensed premises of a vendor authorized to sell
  333  alcoholic beverages by the drink for consumption on premises; or
  334         (b) The licensed premises of a vendor authorized to sell
  335  alcoholic beverages only in sealed containers for consumption
  336  off premises if:
  337         1. The licensed premises is at an establishment with at
  338  least 10,000 square feet of interior floor space exclusive of
  339  storage space not open to the general public; or
  340         2. The licensed premises is a package store licensed under
  341  s. 565.02(1)(a).
  342         (2) A malt beverage tasting conducted under this section
  343  must be limited to and directed toward the general public of the
  344  age of legal consumption.
  345         (3) For a malt beverage tasting conducted under this
  346  section on the licensed premises of a vendor authorized to sell
  347  alcoholic beverages for consumption on premises, each serving of
  348  a malt beverage to be tasted must be provided to the consumer by
  349  the drink in a tasting cup, glass, or other open container and
  350  may not be provided by the package in an unopened can or bottle
  351  or in any other sealed container.
  352         (4) For a malt beverage tasting conducted under this
  353  section on the licensed premises of a vendor authorized to sell
  354  alcoholic beverages only in sealed containers for consumption
  355  off premises, the tasting must be conducted in the interior of
  356  the building constituting the vendor’s licensed premises and
  357  each serving of a malt beverage to be tasted must be provided to
  358  the consumer in a tasting cup having a capacity of 3.5 ounces or
  359  less.
  360         (5) A manufacturer, distributor, or importer, or any
  361  contracted third-party agent thereof, may not pay a vendor, and
  362  a vendor may not accept, a fee or compensation of any kind,
  363  including the provision of a malt beverage at no cost or at a
  364  reduced cost, to authorize the conduct of a malt beverage
  365  tasting under this section.
  366         (6)(a) A manufacturer, distributor, or importer, or any
  367  contracted third-party agent thereof, conducting a malt beverage
  368  tasting under this section, must provide all of the beverages to
  369  be tasted; must have paid all excise taxes on those beverages
  370  which are required of the manufacturer or distributor; and must
  371  return to the manufacturer’s or distributor’s inventory all of
  372  the malt beverages provided for the tasting that remain
  373  unconsumed after the tasting. More than one tasting may be held
  374  on the licensed premises each day, but only one manufacturer,
  375  distributor, importer, or contracted third-party agent thereof,
  376  may conduct a tasting on the premises at any one time.
  377         (b) This subsection does not preclude a manufacturer,
  378  distributor, or importer, or any contracted third-party agent
  379  thereof, from buying the malt beverages that it provides for the
  380  tasting from a vendor at no more than the retail price, but all
  381  of the malt beverages so purchased and provided for the tasting
  382  which remain unconsumed after the tasting must be removed from
  383  the premises of the tasting and properly disposed of.
  384         (7) A manufacturer, distributor, or importer of malt
  385  beverages that contracts with a third-party agent to conduct a
  386  malt beverage tasting under this section on its behalf is
  387  responsible for any violation of this section by such agent.
  388         (8) This section does not preclude a vendor from conducting
  389  a malt beverage tasting on its licensed premises using malt
  390  beverages from its own inventory.
  391         (9) This section is supplemental to and does not supersede
  392  any special act or ordinance.
  393         (10) The division may, pursuant to ss. 561.08 and 561.11,
  394  adopt rules to implement, administer, and enforce this section.
  395         Section 10. Paragraphs (a) and (b) of subsection (1) of
  396  section 565.03, Florida Statutes, are redesignated as paragraphs
  397  (b) and (c), respectively, a new paragraph (a) is added to that
  398  subsection, paragraph (c) of subsection (2) is amended, and
  399  subsection (7) is added to that section, to read:
  400         565.03 License fees; manufacturers, distributors, brokers,
  401  sales agents, and importers of alcoholic beverages; vendor
  402  licenses and fees; craft distilleries.—
  403         (1) As used in this section, the term:
  404         (a) “Branded product” means any distilled spirits product
  405  manufactured on site which requires a federal certificate and
  406  label approval by the Federal Alcohol Administration Act or
  407  federal regulations.
  408         (2)
  409         (c) A craft distillery licensed under this section may sell
  410  to consumers, at its souvenir gift shop, branded products
  411  spirits distilled on its premises in this state in factory
  412  sealed containers that are filled at the distillery for off
  413  premises consumption. Such sales are authorized only on private
  414  property contiguous to the licensed distillery premises in this
  415  state and included on the sketch or diagram defining the
  416  licensed premises submitted with the distillery’s license
  417  application. All sketch or diagram revisions by the distillery
  418  shall require the division’s approval verifying that the
  419  souvenir gift shop location operated by the licensed distillery
  420  is owned or leased by the distillery and on property contiguous
  421  to the distillery’s production building in this state.
  422         1. A craft distillery or licensed distillery may not sell
  423  any factory-sealed individual containers of spirits except in
  424  face-to-face sales transactions with consumers who are making a
  425  purchase of no more than:
  426         a.Two individual containers of each branded product;
  427         b.Three individual containers of a single branded product
  428  and up to one individual container of a second branded product;
  429  or
  430         c.Four individual containers of a single branded product.
  431         2.Each container sold in face-to-face transactions with
  432  consumers must two or fewer individual containers, that comply
  433  with the container limits in s. 565.10, per calendar year for
  434  the consumer’s personal use and not for resale and who are
  435  present at the distillery’s licensed premises in this state.
  436         3.1. A craft distillery must report to the division within
  437  5 days after it reaches the production limitations provided in
  438  paragraph (1)(b) (1)(a). Any retail sales to consumers at the
  439  craft distillery’s licensed premises are prohibited beginning
  440  the day after it reaches the production limitation.
  441         4.2. A craft distillery may not only ship or, arrange to
  442  ship, or deliver any of its distilled spirits to consumers and
  443  may sell and deliver only to consumers within the state in a
  444  face-to-face transaction at the distillery property. However, a
  445  craft distiller licensed under this section may ship, arrange to
  446  ship, or deliver such spirits to manufacturers of distilled
  447  spirits, wholesale distributors of distilled spirits, state or
  448  federal bonded warehouses, and exporters.
  449         5.3. Except as provided in subparagraph 6.4., it is
  450  unlawful to transfer a distillery license for a distillery that
  451  produces 75,000 or fewer gallons per calendar year of distilled
  452  spirits on its premises or any ownership interest in such
  453  license to an individual or entity that has a direct or indirect
  454  ownership interest in any distillery licensed in this state;
  455  another state, territory, or country; or by the United States
  456  government to manufacture, blend, or rectify distilled spirits
  457  for beverage purposes.
  458         6.4. A craft distillery shall not have its ownership
  459  affiliated with another distillery, unless such distillery
  460  produces 75,000 or fewer gallons per calendar year of distilled
  461  spirits on each of its premises in this state or in another
  462  state, territory, or country.
  463         (7) Upon the request of a craft distillery licensed in this
  464  state, the Department of Transportation shall install
  465  directional signs for the craft distillery on the rights-of-way
  466  of interstate highways and primary and secondary roads in
  467  accordance with Florida’s Highway Guide Sign Program as provided
  468  in chapter 14-51, Florida Administrative Code. A craft
  469  distillery licensed in this state that requests placement of a
  470  directional sign through the department’s permit process shall
  471  pay all associated costs.
  472         Section 11. This act shall take effect July 1, 2015.