Florida Senate - 2016                                     SB 462
       
       
        
       By Senator Hutson
       
       
       
       
       
       6-00595-16                                             2016462__
    1                        A bill to be entitled                      
    2         An act relating to alcoholic beverages; amending s.
    3         565.03, F.S.; removing certain restrictions on the
    4         sale of individual containers of distilled spirits to
    5         consumers in face-to-face transactions; providing an
    6         effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (c) of subsection (2) of section
   11  565.03, Florida Statutes, is amended to read:
   12         565.03 License fees; manufacturers, distributors, brokers,
   13  sales agents, and importers of alcoholic beverages; vendor
   14  licenses and fees; craft distilleries.—
   15         (2)
   16         (c) A craft distillery licensed under this section may sell
   17  to consumers, at its souvenir gift shop, branded products
   18  distilled on its premises in this state in factory-sealed
   19  containers that are filled at the distillery for off-premises
   20  consumption. Such sales are authorized only on private property
   21  contiguous to the licensed distillery premises in this state and
   22  included on the sketch or diagram defining the licensed premises
   23  submitted with the distillery’s license application. All sketch
   24  or diagram revisions by the distillery shall require the
   25  division’s approval verifying that the souvenir gift shop
   26  location operated by the licensed distillery is owned or leased
   27  by the distillery and on property contiguous to the distillery’s
   28  production building in this state.
   29         1. A craft distillery may not sell any factory-sealed
   30  individual containers of spirits except in face-to-face sales
   31  transactions with consumers who are making a purchase of no more
   32  than:
   33         a. Two individual containers of each branded product;
   34         b. Three individual containers of a single branded product
   35  and up to one individual container of a second branded product;
   36  or
   37         c. Four individual containers of a single branded product.
   38         1.2. Each container sold in face-to-face transactions with
   39  consumers must comply with the container limits in s. 565.10,
   40  per calendar year for the consumer’s personal use and not for
   41  resale and who are present at the distillery’s licensed premises
   42  in this state.
   43         2.3. A craft distillery must report to the division within
   44  5 days after it reaches the production limitations provided in
   45  paragraph (1)(b). Any retail sales to consumers at the craft
   46  distillery’s licensed premises are prohibited beginning the day
   47  after it reaches the production limitation.
   48         3.4. A craft distillery may not ship or arrange to ship any
   49  of its distilled spirits to consumers and may sell and deliver
   50  only to consumers within the state in a face-to-face transaction
   51  at the distillery property. However, a craft distiller licensed
   52  under this section may ship, arrange to ship, or deliver such
   53  spirits to manufacturers of distilled spirits, wholesale
   54  distributors of distilled spirits, state or federal bonded
   55  warehouses, and exporters.
   56         4.5. Except as provided in subparagraph 5. 6., it is
   57  unlawful to transfer a distillery license for a distillery that
   58  produces 75,000 or fewer gallons per calendar year of distilled
   59  spirits on its premises or any ownership interest in such
   60  license to an individual or entity that has a direct or indirect
   61  ownership interest in any distillery licensed in this state;
   62  another state, territory, or country; or by the United States
   63  government to manufacture, blend, or rectify distilled spirits
   64  for beverage purposes.
   65         5.6. A craft distillery shall not have its ownership
   66  affiliated with another distillery, unless such distillery
   67  produces 75,000 or fewer gallons per calendar year of distilled
   68  spirits on each of its premises in this state or in another
   69  state, territory, or country.
   70         Section 2. This act shall take effect July 1, 2016.