Florida Senate - 2014                              CS for SB 406
       By the Committee on Regulated Industries; and Senator Latvala
       580-01793A-14                                          2014406c1
    1                        A bill to be entitled                      
    2         An act relating to malt beverages; amending s. 563.06,
    3         F.S.; providing for container sizes; providing for
    4         labeling; providing for filling containers at the
    5         point of sale by a manufacturer or vendor; providing
    6         for sealing containers; prohibiting filling containers
    7         at the point of sale with alcoholic beverages
    8         purchased from a distributor; creating s. 563.09,
    9         F.S.; authorizing malt beverage tastings upon certain
   10         licensed premises; amending s. 561.42, F.S.; removing
   11         the prohibition on beer samplings at the premises of
   12         certain vendors; providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Present subsection (7) of section 563.06,
   17  Florida Statutes, is redesignated as subsection (8), a new
   18  subsection (7) is added to that section, and present subsection
   19  (6) is amended to read:
   20         563.06 Malt beverages; imprint on individual container;
   21  size of containers; exemptions.—
   22         (6) All malt beverages packaged in individual containers
   23  sold or offered for sale by vendors at retail in this state
   24  shall be in individual containers containing 64 ounces, or a
   25  lesser size containing no more than 32 ounces, of such malt
   26  beverages. The containers shall include information specifying
   27  the manufacturer, the brand, and the percentage alcohol by
   28  volume of the malt beverage, and may be filled at the point of
   29  sale by either a licensed manufacturer, a vendor licensed under
   30  ss. 561.20(1)and 565.02(1)(a)-(f), or a vendor licensed for
   31  consumption on the premises, provided the license permits off
   32  premises sales. The containers must have an unbroken seal or be
   33  incapable of being immediately consumed. The containers may not
   34  be filled at the point of sale with alcoholic beverages
   35  purchased from a licensed distributor by a licensed
   36  manufacturer.; provided, however, that nothing contained in
   37         (7) This section does not shall affect malt beverages
   38  packaged in bulk, or in kegs, or in barrels or in an any
   39  individual container containing 1 gallon or more of such malt
   40  beverage regardless of individual container type.
   41         (8)(7) Any person, firm, or corporation, its agents,
   42  officers or employees, violating any of the provisions of this
   43  section, shall be guilty of a misdemeanor of the first degree,
   44  punishable as provided in s. 775.082 or s. 775.083; and the
   45  license, if any, shall be subject to revocation or suspension by
   46  the division.
   47         Section 2. Section 563.09, Florida Statutes, is created to
   48  read:
   49         563.09 Malt beverage tastings.—A licensed distributor of
   50  malt beverages, or any vendor, may conduct malt beverage
   51  tastings upon any licensed premises authorized to sell malt
   52  beverages by package or for consumption on premises without
   53  being in violation of s. 561.42 if the conduct of the malt
   54  beverage tasting is limited to and directed toward the general
   55  public of the age of legal consumption.
   56         Section 3. Paragraph (e) of subsection (14) of section
   57  561.42, Florida Statutes, is amended to read:
   58         561.42 Tied house evil; financial aid and assistance to
   59  vendor by manufacturer, distributor, importer, primary American
   60  source of supply, brand owner or registrant, or any broker,
   61  sales agent, or sales person thereof, prohibited; procedure for
   62  enforcement; exception.—
   63         (14) The division shall adopt reasonable rules governing
   64  promotional displays and advertising, which rules shall not
   65  conflict with or be more stringent than the federal regulations
   66  pertaining to such promotional displays and advertising
   67  furnished to vendors by distributors, manufacturers, importers,
   68  primary American sources of supply, or brand owners or
   69  registrants, or any broker, sales agent, or sales person
   70  thereof; however:
   71         (e) Manufacturers, distributors, importers, brand owners,
   72  or brand registrants of beer, and any broker, sales agent, or
   73  sales person thereof, shall not conduct any sampling activities
   74  that include tasting of their product at a vendor’s premises
   75  licensed for off-premises sales only.
   76         Section 4. This act shall take effect upon becoming a law.