Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 1344
Barcode 662070
LEGISLATIVE ACTION
Senate . House
Comm: FC .
03/22/2013 .
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The Committee on Regulated Industries (Sachs) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (9) of section 316.1936, Florida
6 Statutes, is amended to read:
7 316.1936 Possession of open containers of alcoholic
8 beverages in vehicles prohibited; penalties.—
9 (9) A bottle of wine that has been resealed and is
10 transported pursuant to s. 564.09 or a 64-ounce container of
11 malt beverage that has been refilled and resealed and is
12 transported pursuant to s. 563.0205 is not an open container
13 under the provisions of this section.
14 Section 2. Subsections (22) through (24) are added to
15 section 561.01, Florida Statutes, to read:
16 561.01 Definitions.—As used in the Beverage Law:
17 (22) “Package store” means a licensed place of business in
18 which alcoholic beverages are sold in sealed containers as
19 received from the distributor for consumption off the premises
20 only.
21 (23) “Sales by the package” or “package sales” means sales
22 of sealed containers for consumption off the premises.
23 (24) “Sealed container” means a container that is factory
24 sealed by a licensed manufacturer and has not been opened.
25 Section 3. Section 561.221, Florida Statutes, is amended to
26 read:
27 561.221 Licensing of manufacturers and distributors as
28 vendors and of vendors as manufacturers; conditions and
29 limitations.—
30 (1)(a) Nothing contained in s. 561.22, s. 561.42, or any
31 other provision of the Beverage Law prohibits the ownership,
32 management, operation, or control of not more than three
33 vendor’s licenses for the sale of alcoholic beverages by a
34 manufacturer of wine who is licensed and engaged in the
35 manufacture of wine in this state, even if such manufacturer is
36 also licensed as a distributor; provided that no such vendor’s
37 license shall be owned, managed, operated, or controlled by any
38 licensed manufacturer of wine unless the licensed premises of
39 the vendor are situated on property contiguous to the
40 manufacturing premises of the licensed manufacturer of wine.
41 (b) The Division of Alcoholic Beverages and Tobacco shall
42 issue permits to a certified Florida Farm Winery to conduct
43 tasting and sales of wine produced by certified Florida Farm
44 Wineries at Florida fairs, trade shows, expositions, and
45 festivals. The certified Florida Farm Winery shall pay all entry
46 fees and shall have a winery representative present during the
47 event. The permit is limited to the length of the event.
48 (2) Notwithstanding s. 561.22, s. 561.42, or any other
49 provision of the Beverage Law, the division may is authorized to
50 issue vendor’s licenses to a manufacturer of malt beverages,
51 even if such manufacturer is also licensed as a distributor, for
52 the sale of alcoholic beverages, whether by the drink or in
53 sealed containers, on property consisting of a single complex,
54 for consumption only on the vendor’s licensed premises within
55 such complex if all of the following requirements are met:
56 (a) The complex comprises at least 25 enclosed acres of
57 land.
58 (b) The enclosed area has a controlled entrance and exit.
59 (c) The property has permanent exhibitions and a variety of
60 recreational activities.
61 (d) At least 1 million visitors annually pay admission fees
62 to the complex.
63 (e) The complex includes, which property shall include a
64 brewery and such other structures that which promote the brewery
65 and the tourist industry of the state. However, such
66 (f) The property is not may be divided by no more than one
67 public street or highway.
68 (3)(a) Notwithstanding s. 561.22, s. 561.42, or any other
69 provision provisions of the Beverage Law, any vendor licensed in
70 this state may be licensed as a manufacturer of malt beverages
71 and referred to as a brewpub upon a finding by the division
72 that:
73 1. The vendor will be engaged in brewing malt beverages at
74 a single location and in an amount that which will not exceed
75 5,000 10,000 kegs, as defined in s. 563.01, per year. For
76 purposes of this subsection, the term “keg” means 15.5 gallons.
77 2. The malt beverages so brewed will be sold to consumers
78 for consumption on the vendor’s licensed premises or on
79 contiguous licensed premises owned by the vendor.
80 (b) Any vendor that which is also licensed as a
81 manufacturer of malt beverages under pursuant to this subsection
82 is shall be responsible for applicable reports pursuant to ss.
83 561.50 and 561.55 with respect to the amount of beverage
84 manufactured each month and shall pay applicable excise taxes
85 thereon to the division by the 10th day of each month for the
86 previous month.
87 (c) It is shall be unlawful for a any licensed distributor
88 of malt beverages or an any officer, agent, or other
89 representative thereof to discourage or prohibit a any vendor
90 licensed as a manufacturer under this subsection from offering
91 malt beverages brewed for consumption on the licensed premises
92 of the vendor.
93 (d) It is shall be unlawful for a any manufacturer of malt
94 beverages or an any officer, agent, or other representative
95 thereof to take any action to discourage or prohibit a any
96 distributor of the manufacturer’s product from distributing such
97 product to a licensed vendor that which is also licensed as a
98 manufacturer of malt beverages under pursuant to this
99 subsection.
100 (4) Notwithstanding s. 561.22, s. 561.42, or any other
101 provision of the Beverage Law, the division may issue vendor’s
102 licenses to a manufacturer of malt beverages licensed and
103 operating in this state as a startup brewery, as defined in s.
104 563.01, for the sale of malt beverages pursuant to s. 563.0205.
105 Section 4. Subsection (1) of section 561.5101, Florida
106 Statutes, is amended to read:
107 561.5101 Come-to-rest requirement; exceptions; penalties.—
108 (1) For purposes of inspection and tax-revenue control, all
109 malt beverages, except those manufactured and sold under a
110 vendor’s license issued pursuant to s. 561.221(3), must come to
111 rest at the licensed premises of an alcoholic beverage
112 wholesaler in this state before being sold to a vendor by the
113 wholesaler. The prohibition contained in this subsection does
114 not apply to the shipment of malt beverages commonly known as
115 private labels. The prohibition contained in this subsection
116 does shall not prevent a manufacturer from shipping malt
117 beverages for storage at a bonded warehouse facility if,
118 provided that such malt beverages are distributed as provided in
119 this subsection or to an out-of-state entity.
120 Section 5. Section 563.01, Florida Statutes, is amended to
121 read:
122 563.01 Definitions Definition.—As used in this chapter, the
123 term: terms
124 (1) “Beer” or and “malt beverage” means a mean all brewed
125 beverage beverages containing malt.
126 (2) “Brewery” means a manufacturer of malt beverages.
127 (3) “Brewpub” means a vendor licensed in this state to sell
128 alcoholic beverages which is also licensed as a manufacturer of
129 malt beverages pursuant to s. 561.221(3).
130 (4) “Keg” means 15.5 gallons.
131 (5) “Startup brewery” means a brewery licensed and
132 operating in this state which produces no more than 2,500 kegs
133 of malt beverages on its premises per year.
134 Section 6. Subsection (2) of section 563.02, Florida
135 Statutes, is amended to read:
136 563.02 License fees; vendors; manufacturers and
137 distributors.—
138 (2) A Each manufacturer engaged in the business of brewing
139 only malt beverages which is not a brewpub must shall pay an
140 annual state license tax of $3,000 for each plant or branch he
141 or she operates may operate. A However, Each manufacturer
142 engaged in the business of brewing less than 10,000 kegs of malt
143 beverages as a brewpub must annually for consumption on the
144 premises pursuant to s. 561.221(3) shall pay an annual state
145 license tax of $500 for each plant or branch he or she operates.
146 Section 7. Section 563.0205, Florida Statutes, is created
147 to read:
148 563.0205 Startup breweries.—
149 (1) A startup brewery licensed and operating in this state
150 which is also licensed as a vendor under s. 561.221(4) may sell
151 malt beverages produced on its premises:
152 (a) By the drink for on-premises consumption; or
153 (b) In a 64-ounce sealed container for off-premises
154 consumption if the container was:
155 1. Sealed at the factory; or
156 2. Refilled and resealed on the premises of the vendor as
157 securely as the original seal, but it must be visible that the
158 seal has been broken and the container opened or tampered with.
159 (2) Sales described in subsection (1) are authorized only
160 on private property contiguous to the brewery premises licensed
161 in this state and included on the sketch or diagram defining the
162 licensed premises submitted with the brewery’s application for a
163 manufacturer’s license. All sketch or diagram revisions by the
164 brewery require approval from the Division of Alcoholic
165 Beverages and Tobacco of the Department of Business and
166 Professional Regulation verifying that all malt beverage retail
167 locations operated by the brewery are owned or leased by the
168 brewery and are on property contiguous to the brewery’s
169 production building in this state.
170 (3) A startup brewery may not sell malt beverages as a
171 vendor under this section except in face-to-face sales
172 transactions with consumers who purchase for personal use rather
173 than for resale.
174 (4) A startup brewery shall report to the Division of
175 Alcoholic Beverages and Tobacco of the Department of Business
176 and Professional Regulation within 5 days after producing more
177 than 2,500 kegs of malt beverages on its premises in a year.
178 After the brewery reaches this production limitation, it ceases
179 to be a startup brewery, and any sales to consumers at the
180 brewery’s licensed premises for off-premises consumption are
181 prohibited upon the expiration of its manufacturer’s license.
182 (5) A startup brewery is responsible for applicable reports
183 pursuant to ss. 561.50 and 561.55 with respect to the amount of
184 malt beverages manufactured each month, and it must pay
185 applicable excise taxes thereon to the Division of Alcoholic
186 Beverages and Tobacco of the Department of Business and
187 Professional Regulation by the 10th day of each month for the
188 previous month. A startup brewery shall also provide the
189 Division of Alcoholic Beverages and Tobacco of the Department of
190 Business and Professional Regulation a copy of each federal
191 excise tax report that it submits to the Federal Government, if
192 any, with all supporting documents during the reporting period
193 under subsection (4).
194 (6) A startup brewery may not ship, arrange to ship, or
195 deliver any of its malt beverages to consumers within the state.
196 However, a startup brewery may ship, arrange to ship, or deliver
197 its malt beverages to wholesale distributors of malt beverages,
198 state or federal bonded warehouses, or exporters.
199 (7) The Division of Alcoholic Beverages and Tobacco of the
200 Department of Business and Professional Regulation may adopt
201 rules to administer this section.
202 Section 8. Subsection (14) of section 563.022, Florida
203 Statutes, is amended to read:
204 563.022 Relations between beer distributors and
205 manufacturers.—
206 (14) MANUFACTURER; PROHIBITED INTERESTS.—
207 (a) This subsection applies to:
208 1. A manufacturer;
209 2. Any officer, director, agent, or employee of a
210 manufacturer; or
211 3. An affiliate of any manufacturer, regardless of whether
212 the affiliation is corporate or by management, direction, or
213 control.
214 (b) Except as provided in paragraph (c), an no entity or
215 person specified in paragraph (a) may not have an interest in
216 the license, business, assets, or corporate stock of a licensed
217 distributor nor may shall such entity sell directly to any
218 vendor in this state other than to vendors who are licensed
219 pursuant to s. 561.221(2), (3), or (4) 561.221(2).
220 (c) Any entity described in paragraph (a) may financially
221 assist a proposed distributor in acquiring ownership of the
222 distributorship through participation in a limited partnership
223 arrangement in which the entity described in paragraph (a) is a
224 limited partner and the proposed distributor seeking to acquire
225 ownership of the distributorship is the general partner. Such
226 limited partnership arrangements may exist for no longer than 8
227 years from their creation and may shall not be extended or
228 renewed by means of a transfer of full ownership to an entity
229 described in paragraph (a) followed by the creation of a new
230 limited partnership or by any other means. In any such
231 arrangement for financial assistance, the federal basic permit
232 and distributor’s license issued by the division shall be issued
233 in the name of the distributor and not in the name of an entity
234 described in paragraph (a). If, after the creation of a limited
235 partnership pursuant to this paragraph, an entity described in
236 paragraph (a) acquires title to the distributorship that which
237 was the subject of the limited partnership, the entity described
238 in paragraph (a) shall divest itself of the distributorship
239 within 180 days, and the distributorship shall be ineligible for
240 limited partnership financing for 20 years thereafter. An No
241 entity described in paragraph (a) may not shall enter into a
242 limited partnership arrangement with a licensed distributor
243 whose distributorship existed and was operated prior to the
244 creation of such limited partnership arrangement.
245 (d) Nothing in The Beverage Law may not shall be construed
246 to prohibit a manufacturer from shipping products to or between
247 its breweries without a distributor’s license.
248 (e) Notwithstanding the provisions of paragraph (b), any
249 entity named in paragraph (a) may have an interest in the
250 license, business, assets, or corporate stock of a licensed
251 distributor for a maximum of 180 consecutive days as the result
252 of a judgment of foreclosure against the distributor or for 180
253 consecutive days after acquiring title pursuant to the written
254 request of the licensed distributor. Under either of these
255 circumstances, manufacturer ownership of an interest in the
256 license, business, assets, or corporate stock of a licensed
257 distributor shall only be for 180 days and only for the purpose
258 of facilitating an orderly transfer of the distributorship to an
259 owner not affiliated with a manufacturer.
260 (f) Notwithstanding the provisions of paragraph (b), any
261 entity named in paragraph (a) may have a security interest in
262 the inventory or property of its licensed distributors to secure
263 payment for the said inventory or other loans for other
264 purposes.
265 Section 9. Subsection (6) of section 563.06, Florida
266 Statutes, is amended, and present subsection (7) of that section
267 is amended and renumbered as subsection (8), to read:
268 563.06 Malt beverages; imprint on individual container;
269 size of containers; exemptions.—
270 (6) All malt beverages packaged in individual containers
271 sold or offered for sale by vendors at retail in this state
272 shall be in individual containers containing 64 ounces or
273 smaller containers containing no more than 32 ounces of such
274 malt beverages.; provided, however, that nothing contained in
275 (7) This section does not shall affect malt beverages
276 packaged in bulk, or in kegs or in barrels, or in any individual
277 container containing 1 gallon or more of such malt beverage
278 regardless of individual container type.
279 (8)(7) Any person, firm, or corporation, or any of its
280 agents, officers, or employees which violates, violating any of
281 the provisions of this section commits, shall be guilty of a
282 misdemeanor of the first degree, punishable as provided in s.
283 775.082 or s. 775.083; and the license, if any, is shall be
284 subject to revocation or suspension by the division.
285 Section 10. A manufacturer of malt beverages which holds
286 active licenses as a manufacturer and as a vendor which were
287 issued under the Beverage Law before October 1, 2013, and whose
288 terms have not expired as of that date may continue to operate
289 under those licenses until the term of the license as a
290 manufacturer expires.
291 Section 11. This act shall take effect October 1, 2013.
292
293 ================= T I T L E A M E N D M E N T ================
294 And the title is amended as follows:
295 Delete everything before the enacting clause
296 and insert:
297 A bill to be entitled
298 An act relating to alcoholic beverages; amending s.
299 316.1936, F.S.; exempting certain resealed containers
300 of malt beverages from open container prohibitions;
301 amending s. 561.01, F.S.; providing definitions
302 relating to package sales; amending s. 561.221, F.S.;
303 revising provisions relating to the licensing of
304 manufacturers of malt beverages as vendors and of
305 vendors as manufacturers of malt beverages;
306 authorizing the issuance of vendor’s licenses to
307 manufacturers of malt beverages licensed as startup
308 breweries; amending s. 561.5101, F.S.; revising
309 exceptions to the come-to-rest requirement; amending
310 s. 563.01, F.S.; providing definitions relating to
311 regulation of the manufacture, distribution, and sale
312 of beer or malt beverages; amending s. 563.02, F.S.;
313 revising requirements for license fees based on
314 whether a manufacturer of malt beverages operates as a
315 brewpub; creating s. 563.0205, F.S.; providing
316 requirements for startup breweries to manufacture and
317 sell their products; providing reporting requirements
318 and requirements relating to payment of state and
319 federal excise taxes on malt beverages; providing
320 rulemaking authority; amending s. 563.022, F.S.;
321 revising exceptions relating to prohibited interests
322 for manufacturers of malt beverages; conforming a
323 cross-reference to changes made by the act; amending
324 s. 563.06, F.S.; authorizing the sale of malt
325 beverages at retail in containers of a specified size;
326 providing for applicability relating to certain
327 manufacturers licensed before the effective date of
328 this act; providing an effective date.