Florida Senate - 2013                       CS for CS for SB 642
       
       
       
       By the Committees on Appropriations; and Regulated Industries;
       and Senator Hays
       
       
       
       576-04674-13                                           2013642c2
    1                        A bill to be entitled                      
    2         An act relating to alcoholic beverages; amending s.
    3         565.03, F.S.; providing definitions; revising
    4         provisions regarding a state license tax involved with
    5         the operation of distilleries; providing requirements
    6         for craft distilleries under certain conditions;
    7         prohibiting the shipment of certain distilled spirits;
    8         restricting license transferability and ownership
    9         affiliation; providing reporting requirements;
   10         providing requirements relating to the payment of
   11         taxes; providing for the adoption of rules; amending
   12         s. 561.14, F.S.; conforming a cross-reference;
   13         amending s. 567.01, F.S.; providing that a county
   14         commission may order an election on the sale of
   15         alcoholic beverages for consumption on premises;
   16         amending s. 567.06; conforming a cross-reference;
   17         amending s. 567.07, F.S.; conforming a cross
   18         reference; declaring that the provisions of ss. 565.03
   19         and 561.14, F.S., as amended by this act are not
   20         severable; providing a severability clause; providing
   21         an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 565.03, Florida Statutes, is amended to
   26  read:
   27         565.03 License fees; manufacturers, distributors, brokers,
   28  sales agents, and importers of alcoholic beverages; vendor
   29  licenses and fees; craft distilleries.—
   30         (1) As used in this section, the term:
   31         (a) “Craft distillery” means a licensed distillery that
   32  produces 75,000 or fewer gallons per calendar year of distilled
   33  spirits on its premises and that has notified the division in
   34  writing of its status as a craft distillery.
   35         (b) “Distillery” means a manufacturer of distilled spirits.
   36         (2)(1)(a)A distillery Each liquor manufacturer authorized
   37  to do business under the Beverage Law to distill, rectify, or
   38  blend spirituous liquors shall pay an annual state license tax
   39  of $4,000 for each plant or branch operating he or she operates
   40  in the state, as follows:
   41         1. If engaged in the business of distilling spirituous
   42  liquors and nothing else, a state license tax of $4,000.
   43         2. If engaged in the business of rectifying and blending
   44  spirituous liquors and nothing else, a state license tax of
   45  $4,000.
   46         (b)Persons licensed hereunder in the business of
   47  distilling spirituous liquors may also engage in the business of
   48  rectifying and blending spirituous liquors without the payment
   49  of an additional license tax.
   50         (3) A craft distillery licensed under this section may sell
   51  to consumers, at its souvenir gift shop, spirits distilled on
   52  its premises in this state in factory-sealed containers that are
   53  filled at the distillery for off-premises consumption. Such
   54  sales are authorized only on private property contiguous to the
   55  licensed distillery premises in this state and included on the
   56  sketch or diagram defining the licensed premises which has been
   57  submitted with the distillery’s license application. All sketch
   58  or diagram revisions by the distillery require the division’s
   59  approval. Before approval, the division shall verify that the
   60  souvenir gift shop operated by the licensed distillery is owned
   61  or leased by the distillery and is on property contiguous to the
   62  distillery’s production building in this state.
   63         (a) A craft distillery or licensed distillery may not sell
   64  any factory-sealed individual containers of spirits except in a
   65  face-to-face sales transaction on the distillery’s premises in
   66  this state with a consumer who purchases no more than two
   67  individual containers that comply with container limits in s.
   68  565.10, for the consumer’s personal use and not for resale.
   69         (b) A craft distillery may not ship, arrange to ship, or
   70  deliver any of its distilled spirits to consumers within this
   71  state except in a face-to-face transaction on the distillery’s
   72  premises. However, a craft distillery may ship, arrange to ship,
   73  or deliver such spirits to manufacturers of distilled spirits,
   74  wholesale distributors of distilled spirits, state or federal
   75  bonded warehouses, and exporters.
   76         (c) Except as provided in paragraph (d), it is unlawful to
   77  transfer a distillery license for a distillery that produces
   78  75,000 gallons or fewer per calendar year of distilled spirits
   79  on its premises, or to transfer an ownership interest in such
   80  license, to an individual or entity that has any direct or
   81  indirect ownership interest in a distillery licensed by this
   82  state, another state, a territory, the United States government,
   83  or another country to manufacture, blend, or rectify distilled
   84  spirits for beverage purposes.
   85         (d) A craft distillery may not have its ownership
   86  affiliated with another distillery unless such distillery
   87  produces 75,000 gallons or fewer of distilled spirits on its
   88  premises per calendar year.
   89         (e) A craft distillery must report to the division within 5
   90  days after it reaches the production limitations provided in
   91  paragraph (1)(a). Any sale to a consumer at the craft
   92  distillery’s licensed premises is prohibited beginning on the
   93  day after the craft distillery reaches the production limitation
   94  for the year. A craft distillery that sells spirits under this
   95  subsection shall submit any beverages excise taxes under the
   96  Beverage Law in its monthly report to the division with any tax
   97  payments due to the state.
   98         (4)(2) Distributors authorized to do business under the
   99  Beverage Law, unless otherwise provided, shall pay a state
  100  license tax of $4,000 for each and every establishment or branch
  101  they may operate or conduct in the state. However, in counties
  102  having a population of 15,000 or less according to the latest
  103  state or federal census, the state license tax for a restricted
  104  license shall be $1,000, but the holder of such a license shall
  105  be permitted to sell only to vendors and distributors licensed
  106  in the same county, and such license shall contain such
  107  restrictions. In such counties, licenses without such
  108  restrictions may be obtained as in other counties, but the tax
  109  for a license without such restrictions shall be the same as in
  110  other counties. Warehouses of a licensed distributor used solely
  111  for storage and located in the county in which the license is
  112  issued to such distributor shall not be construed to be separate
  113  establishments or branches.
  114         (5)(3) Each broker or sales agent and each importer of
  115  alcoholic beverages, as defined in s. 561.14(4) and (5),
  116  respectively, shall pay an annual state license tax of $500.
  117         (6) The division may adopt rules to administer this
  118  section.
  119         Section 2. Subsection (1) of section 561.14, Florida
  120  Statutes, is amended to read:
  121         561.14 License and registration classification.—Licenses
  122  and registrations referred to in the Beverage Law shall be
  123  classified as follows:
  124         (1) Manufacturers licensed to manufacture alcoholic
  125  beverages and distribute the same at wholesale to licensed
  126  distributors and to no one else within the state, unless
  127  authorized by statute. Persons engaged in the business of
  128  distilling, rectifying, or blending spirituous liquors licensed
  129  under s. 565.03(2) 565.03(1)(a)1. and (b) shall sell and
  130  distribute such beverages at wholesale only to other
  131  manufacturers and to licensed distributors and to no one else
  132  within this state.
  133         Section 3. Section 567.01, Florida Statutes, is amended to
  134  read:
  135         567.01 Petition, order, notice of election.—
  136         (1) The board of county commissioners of each county shall
  137  order an election to decide whether the sale of intoxicating
  138  liquors, wines, or beer shall be prohibited or permitted in that
  139  said county and if not prohibited, to decide the method of sale,
  140  upon the presentation to said board at a regular or special
  141  meeting, of a written application asking for such a
  142  determination in the county in which said application is made
  143  signed by one-fourth of the registered voters of the county. The
  144  signature of each registered voter shall be personally signed to
  145  such application; provided, however, a copy of said petition
  146  shall be dated and filed with the clerk of the circuit court of
  147  the county in which such election is to be held prior to
  148  procuring the signature of any registered voter thereon; and
  149  such petition must be completed and presented to the board of
  150  county commissioners within 120 days from the date said copy of
  151  said petition is originally filed with the clerk of the circuit
  152  court; and if not so done, said petition shall be held to be
  153  invalid.
  154         (2) The election so ordered shall be to decide either:
  155         (a) whether the sale of intoxicating liquors, wines, or
  156  beer shall be prohibited or permitted in said county, and to
  157  decide also whether such sale, if permitted by said election,
  158  shall be restricted to sales by the package. as hereinafter
  159  defined; or
  160         (b) 
  161         (3) After an a prior election has authorized the such sale
  162  of intoxicating liquors, wines, or beer and has restricted the
  163  sales to by the package only, the board of county commissioners
  164  shall order an election to decide whether intoxicating liquors,
  165  wines, or beer shall be sold by the drink for consumption on
  166  premises as provided in s. 567.07(2)(c) by a majority vote of
  167  the board of county commissioners or when application is made
  168  signed by one-tenth of the registered voters of the county.
  169         (4)(3) The term “Sales by the package” is defined to mean
  170  sales made in sealed containers, for consumption off the
  171  premises where sold.
  172         (5)(4) Such an election shall not be ordered oftener than
  173  once every 2 years. All orders for such election shall be in
  174  writing and shall be entered upon the minutes of the board but
  175  this requirement shall be directory only.
  176         (6)(5) Upon the making of the order for an election as
  177  aforesaid, the board shall cause its clerk to give at least 30
  178  days’ notice of said election by publishing a copy of the order
  179  for election in one newspaper in each and every town in said
  180  county in which a newspaper or newspapers be published, and if
  181  no newspaper be published within the county, then by posting at
  182  least 10 copies of said order in 10 of the most public places in
  183  said county, one of which shall be the courthouse door. Proof of
  184  publication or proof of posting shall be filed with the board
  185  and shall be made as provided by ss. 49.10 and 49.11, for making
  186  proof of publication and proof of posting incident to
  187  constructive service of process, except that the provisions of
  188  said sections for recording shall not apply. All proofs of
  189  publication and of posting shall be entered upon the minutes of
  190  the board, but this requirement shall be directory only.
  191         (7)(6) It is the purpose and intent of the Legislature that
  192  the such election shall obviate the necessity for holding two
  193  separate elections, except as provided in s. 567.07(2)(c), by
  194  determining in one election:
  195         (a) Whether the sale of intoxicating liquors, wines, or
  196  beer shall be prohibited or permitted, and
  197         (b) If such sales are determined to be permitted, to
  198  further determine whether the sales so made shall be limited to
  199  sales by the package as herein before defined, or whether sales
  200  by the drink on the premises, as well as sales by the package,
  201  may be permitted.
  202  
  203  A majority of those legally voting at such election must cast
  204  their votes for selling intoxicating liquors, wines, or beer in
  205  order that the results of the election on the second question
  206  shall be effective and binding.
  207         Section 4. Subsection (3) of section 567.06, Florida
  208  Statutes, is amended to read:
  209         567.06 Form of ballot; canvassing votes.—
  210         (3) However, for a local option election authorized by s.
  211  567.01(3) 567.01(2)(b) on the sole question of whether
  212  intoxicating liquors, wines, or beer may be sold by the drink
  213  for consumption on premises, ballot instructions shall be
  214  presented in the following form:
  215  
  216  INSTRUCTIONS: Local Option Election on the Following Question:
  217  
  218         THE QUESTION BEFORE THE ELECTORATE is to decide
  219         whether intoxicating liquors, wines, or beer,
  220         containing more than 6.243 percent of alcohol by
  221         volume, may be sold by the drink for consumption on
  222         premises in (   ) County, Florida.
  223  
  224          For Sales by the Drink:
  225  
  226  followed by the word “yes” and also by the word “no,” and shall
  227  be styled in such a manner that a “yes” vote will indicate
  228  approval of the question and a “no” vote will indicate
  229  rejection.
  230         Section 5. Paragraph (c) of subsection (2) of section
  231  567.07, Florida Statutes, is amended to read:
  232         567.07 Results of election.—
  233         (2) If a majority of those legally voting at any such
  234  election cast their votes “For Selling Intoxicating Liquors,
  235  Wines, or Beer” on question number 1 and a majority of votes
  236  legally cast on question number 2 be cast “For Sales by the
  237  Package Only,” then:
  238         (c) After the expiration of 2 years, an election pursuant
  239  to s. 567.01(3) 567.01(2)(b) may be held to determine the sole
  240  question of whether intoxicating liquors, wines, or beer may be
  241  sold by the drink for consumption on premises. If a majority of
  242  those legally voting cast their votes for selling intoxicating
  243  liquors, wines, or beer by the drink for consumption on
  244  premises, such alcoholic beverages may be sold as otherwise
  245  provided by law in that county until otherwise determined in an
  246  election, which shall not be held oftener than once every 2
  247  years. If a majority of those legally voting cast their vote
  248  against the sale of intoxicating liquors, wines, or beer by the
  249  drink for consumption on premises, sales by the package only
  250  shall continue.
  251         Section 6. (1) The Legislature declares that it would not
  252  have enacted individually the amendments to ss. 565.03 and
  253  561.14, Florida Statutes, and expressly finds the amendments to
  254  those provisions not to be severable. If a court of competent
  255  jurisdiction determines any provision of those sections as
  256  amended by this act to be in conflict with any law of this
  257  state, a federal law or regulation, the State Constitution, or
  258  the United States Constitution, or to be otherwise invalid for
  259  any reason, it is the intent of the Legislature that the
  260  amendments to ss. 565.03 and 561.14, Florida Statutes, shall be
  261  void, that such invalidity shall void only those changes made by
  262  this act to ss. 565.03 and 561.14, Florida Statutes, and that no
  263  other law be affected.
  264         (2) If any provision of s. 567.01, s. 567.06, or s. 567.07,
  265  Florida Statutes, as amended by this act, or the application of
  266  those sections as amended by this act to any person or
  267  circumstance, is held invalid, the invalidity does not affect
  268  other provisions or applications of the act which can be given
  269  effect without the invalid provision or application, and to this
  270  end s. 567.01, s. 567.06, and s. 567.07, Florida Statutes, as
  271  amended by this act are severable.
  272         Section 7. This act shall take effect July 1, 2013.