Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SPB 7120
Senate . House
Comm: WD .
1 Senate Substitute for Amendment (563586) (with title
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Section 561.221, Florida Statutes, is amended to
8 561.221 Retail exceptions to manufacturing licenses;
9 brewing exceptions to vendor licenses
Licensing of manufacturers
10 and distributors as vendors and of vendors as manufacturers;
11 conditions and limitations.—
12 (1)(a) Nothing contained in s. 561.22, s. 561.42, or any
13 other provision of the Beverage Law prohibits the ownership,
14 management, operation, or control of not more than three
15 vendor’s licenses for the sale of alcoholic beverages by a
16 manufacturer of wine who is licensed and engaged in the
17 manufacture of wine in this state, even if such manufacturer is
18 also licensed as a distributor; provided that no such vendor’s
19 license shall be owned, managed, operated, or controlled by any
20 licensed manufacturer of wine unless the licensed premises of
21 the vendor are situated on property contiguous to the
22 manufacturing premises of the licensed manufacturer of wine.
23 (b) The Division of Alcoholic Beverages and Tobacco shall
24 issue permits to a certified Florida Farm Winery to conduct
25 tasting and sales of wine produced by certified Florida Farm
26 Wineries at Florida fairs, trade shows, expositions, and
27 festivals. The certified Florida Farm Winery shall pay all entry
28 fees and shall have a winery representative present during the
29 event. The permit is limited to the length of the event.
30 (2) A manufacturer of malt beverages which is licensed and
31 engaged in the manufacture of malt beverages in this state may
32 sell directly to consumers in face-to-face transactions, which,
33 notwithstanding s. 561.57(1), requires the physical presence of
34 the consumer to make payment for and take receipt of the
35 beverages on the licensed manufacturing premises, if such
36 manufacturer satisfies the requirements of paragraphs (a) or
38 (a) At a taproom, a manufacturer may sell malt beverages
39 brewed by the manufacturer to consumers for on-premises or off
40 premises consumption without obtaining a vendor’s license. A
41 manufacturer of malt beverages shall comply with the following
42 requirements related to its taproom:
43 1. The taproom must be a room or rooms located on the
44 licensed manufacturing premises consisting of a single complex,
45 which must include a brewery. Such premises may be divided by a
46 single public street or highway. The taproom shall be included
47 on the sketch or diagram defining the licensed premises
48 submitted with the manufacturer’s license application pursuant
49 to s. 561.01(11). All sketch or diagram revisions by the
50 manufacturer must be approved by the division, verifying that
51 the taproom operated by the licensed manufacturer is owned or
52 leased by the manufacturer and is located on the licensed
53 manufacturing premises.
54 2. At least 70 percent by volume of the malt beverages sold
55 or given to consumers per calendar year in the taproom must be
56 brewed on the licensed manufacturing premises. No more than 30
57 percent by volume of the malt beverages sold or given to
58 consumers per calendar year in the taproom may be brewed by the
59 manufacturer at other manufacturing premises and shipped to the
60 licensed manufacturing premises pursuant to s. 563.022(14)(d).
61 3. Malt beverages may be sold to consumers in the taproom
62 for off-premises consumption in authorized containers pursuant
63 to s. 563.06(6) and (7).
64 4. A manufacturer of malt beverages is responsible for
65 applicable reports pursuant to ss. 561.50 and 561.55 with
66 respect to the amount of malt beverage sold or given to
67 consumers in the taproom each month and shall pay applicable
68 excise taxes thereon to the division by the 10th day of each
69 month for the previous month.
70 5. This paragraph does not preclude a licensed manufacturer
71 of malt beverages which operates a taproom from holding a
72 permanent public food service establishment license under
73 chapter 509 for the taproom.
74 6. A manufacturer may not hold a vendor’s license at a
75 licensed manufacturing premises that operates a taproom pursuant
76 to this paragraph.
77 (b) The division may is authorized to issue a vendor’s
78 license licenses to a manufacturer of malt beverages for each of
79 up to two licensed manufacturing premises for which the
80 manufacturer has an interest, directly or indirectly, in the
81 license if the manufacturer meets the following requirements:
82 1. A licensed manufacturer may obtain a vendor’s license
83 for each of up to two of the licensed manufacturing premises for
84 which the manufacturer has an interest, directly or indirectly,
85 in the license. Any additional licensed manufacturing premises
86 for which the manufacturer has an interest, directly or
87 indirectly, in the license may operate a taproom without a
88 vendor’s license pursuant to paragraph (a).
89 2. The vendor’s license shall be located on the licensed
90 manufacturing premises consisting of a single complex, which
91 must include a brewery. Such premises may be divided by a single
92 public street or highway. The licensed vendor premises shall be
93 included on the sketch or diagram defining the licensed premises
94 submitted with the manufacturer’s license application pursuant
95 to s. 561.01(11). All sketch or diagram revisions by the
96 manufacturer must be approved by the division to verify that the
97 vendor premises operated by the licensed manufacturer is owned
98 or leased by the manufacturer and is located on the licensed
99 manufacturing premises.
100 3. The manufacturer may sell alcoholic beverages under its
101 vendor’s license as follows:
102 a. Malt beverages manufactured on the licensed
103 manufacturing premises or at another licensed manufacturing
104 premises for which the manufacturer has an interest, directly or
105 indirectly, in the license for:
106 (I) On-premises consumption.
107 (II) Off-premises consumption in authorized containers
108 pursuant to s. 563.06(6).
109 (III) Off-premises consumption in growlers pursuant to s.
111 b. Malt beverages manufactured exclusively by other
112 manufacturers for:
113 (I) On-premises consumption.
114 (II) Off-premises consumption in authorized containers
115 pursuant to s. 563.06(6).
116 (III) Off-premises consumption in growlers pursuant to s.
117 563.06(7) by holders of a quota license.
118 c. Wine or liquor for on-premises or off-premises
119 consumption as authorized under such vendor’s license.
120 4. A manufacturer of malt beverages under this subsection
121 is responsible for applicable reports required under ss. 561.50
122 and 561.55 with respect to the amount of malt beverages
123 manufactured and sold pursuant to its vendor’s license or given
124 to consumers each month, and shall pay applicable excise taxes
125 thereon to the division by the 10th day of each month for the
126 previous month.
127 5. This paragraph does not preclude a licensed manufacturer
128 of malt beverages with a vendor’s license from holding a
129 permanent public food service establishment license under
130 chapter 509 for the licensed manufacturing premises.
131 6. An entity that has applied for a manufacturer’s and
132 vendor’s license at more than two licensed manufacturing
133 premises pursuant to this paragraph before March 15, 2014, or
134 that has been issued a manufacturer’s and vendor’s license at
135 more than two licensed manufacturing premises pursuant to this
136 paragraph before July 1, 2014, may maintain the licenses
137 previously obtained or received based on the application filed
138 before March 15, 2014, but may not obtain or apply for
139 additional vendor’s licenses. However, except as to the
140 allowance for manufacturers holding a vendor’s license at more
141 than two licensed manufacturing premises before July 1, 2014, a
142 vendor’s license held by a manufacturer of malt beverages
143 pursuant to this paragraph, regardless of when the license was
144 first obtained, is subject to the requirements of subparagraphs
146 7. An entity with direct or indirect interests in vendor
147 licenses issued to not more than two licensed manufacturing
148 premises under this paragraph may not be related, directly or
149 indirectly, to any other entities having interests, directly or
150 indirectly, in other vendor licenses issued to other separate
151 manufacturing premises. This subparagraph prohibits the creation
152 of a chain of more than two vendor licensed manufacturing
153 premises under common control of entities having direct or
154 indirect interests in such vendor licensed manufacturing
155 premises. This subparagraph does not prohibit the purchase or
156 ownership of stock in a publicly traded corporation if the
157 licensee does not have and does not obtain a controlling
158 interest in the corporation. For entities lawfully operating
159 with more than two licensed manufacturing premises with vendor
160 licenses pursuant to subparagraph 6, the limit of two is
161 replaced with the actual number of manufacturing premises with
162 vendor licenses the entity operates , even if such manufacturer
163 is also licensed as a distributor, for the sale of alcoholic
164 beverages on property consisting of a single complex, which
165 property shall include a brewery and such other structures which
166 promote the brewery and the tourist industry of the state.
167 However, such property may be divided by no more than one public
168 street or highway.
169 (3) The division may issue a manufacturer’s license and a
170 vendor’s license to a brewpub. To operate as a brewpub, the
171 following requirements must be met:
172 (a) Notwithstanding other provisions of the Beverage Law,
173 any vendor licensed in this state may be licensed as a
174 manufacturer of malt beverages upon a finding by the division
176 1. The brewpub vendor must will be engaged in brewing malt
177 beverages at a single licensed brewpub premises location and in
178 an amount that does which will not exceed 10,000 kegs per
179 calendar year. For purposes of this paragraph subsection, the
180 term “keg” means 15.5 gallons.
181 (b) A brewpub may sell alcoholic beverages in a face-to
182 face transaction with a consumer as follows:
183 1. Malt beverages manufactured on the licensed brewpub
184 premises for on-premises consumption.
185 2. Malt beverages manufactured exclusively by other
186 manufacturers for on-premises consumption as authorized under
187 its vendor’s license.
188 3. Any wine or liquor for on-premises consumption as
189 authorized under its vendor’s license.
190 (c) A brewpub may not ship malt beverages to or between
191 licensed brewpub premises owned by the licensed entity. A
192 brewpub is not a manufacturer for the purposes of s.
194 (d) A brewpub may not distribute or sell malt beverages
195 outside of the licensed brewpub premises.
196 (e) A brewpub must hold a permanent public food service
197 establishment license under chapter 509.
198 2. The malt beverages so brewed will be sold to consumers
199 for consumption on the vendor’s licensed premises or on
200 contiguous licensed premises owned by the vendor.
201 (f) (b) A brewpub is Any vendor which is also licensed as a
202 manufacturer of malt beverages pursuant to this subsection shall
203 be responsible for applicable reports pursuant to ss. 561.50 and
204 561.55 with respect to the amount of beverage manufactured each
205 month and shall pay applicable excise taxes thereon to the
206 division by the 10th day of each month for the previous month.
207 (g) (c) A It shall be unlawful for any licensed distributor
208 of malt beverages or any officer, agent, or other representative
209 thereof may not to discourage or prohibit a brewpub any vendor
210 licensed as a manufacturer under this subsection from offering
211 malt beverages brewed for consumption on the licensed premises
212 of the brewpub vendor.
213 (h) (d) A It shall be unlawful for any manufacturer of malt
214 beverages or any officer, agent, or other representative thereof
215 may not to take any action to discourage or prohibit a any
216 distributor of the manufacturer’s product from distributing such
217 product to a brewpub licensed vendor which is also licensed as a
218 manufacturer of malt beverages pursuant to this subsection.
219 Section 2. Subsection (1) of section 561.5101, Florida
220 Statutes, is amended to read:
221 561.5101 Come-to-rest requirement; exceptions; penalties.—
222 (1) For purposes of inspection and tax-revenue control, all
223 malt beverages, except those manufactured and sold pursuant to
224 s. 561.221(2) or (3) 561.221(3), must come to rest at the
225 licensed premises of an alcoholic beverage wholesaler in this
226 state before being sold to a vendor by the wholesaler. The
227 prohibition contained in this subsection does not apply to the
228 shipment of malt beverages commonly known as private labels. The
229 prohibition contained in this subsection shall not prevent a
230 manufacturer from shipping malt beverages for storage at a
231 bonded warehouse facility, provided that such malt beverages are
232 distributed as provided in this subsection or to an out-of-state
234 Section 3. Subsection (6) of section 561.57, Florida
235 Statutes, is amended to read:
236 561.57 Deliveries by licensees.—
237 (6) Common carriers are not required to have vehicle
238 permits to transport alcoholic beverages. Common carriers may
239 not make deliveries of malt beverages directly to a consumer.
240 Section 4. Subsections (1) and (3) of section 562.34,
241 Florida Statutes, are amended to read:
242 562.34 Containers; seizure and forfeiture.—
243 (1) A It shall be unlawful for any person may not to have
244 in her or his possession, custody, or control any cans, jugs,
245 jars, bottles, vessels, or any other type of containers which
246 are being used, are intended to be used, or are known by the
247 possessor to have been used to bottle or package alcoholic
248 beverages; however, this subsection does provision shall not
249 apply to a any person properly licensed to bottle or package
250 such alcoholic beverages, a or to any person intending to
251 dispose of such containers to a person, firm, or corporation
252 properly licensed to bottle or package such alcoholic beverages,
253 or a person who has in her or his possession, custody, or
254 control a growler as defined in s. 563.06(7).
255 (3) A It shall be unlawful for any person may not to
256 transport any cans, jugs, jars, bottles, vessels, or any other
257 type of containers intended to be used to bottle or package
258 alcoholic beverages; however, this subsection does section shall
259 not apply to a any firm or corporation holding a license to
260 manufacture or distribute such alcoholic beverages, a and shall
261 not apply to any person transporting such containers to a any
262 person, firm, or corporation holding a license to manufacture or
263 distribute such alcoholic beverages, or a person transporting a
264 growler as defined in s. 563.06(7).
265 Section 5. Section 563.06, Florida Statutes, is amended to
267 563.06 Malt beverages; imprint on individual container;
268 size of containers; growlers; exemptions.—
269 (1) On and after October 1, 1959, All taxable malt
270 beverages packaged in individual containers possessed by any
271 person in the state for the purpose of sale or resale in the
272 state, except operators of railroads, sleeping cars, steamships,
273 buses, and airplanes engaged in interstate commerce and licensed
274 under this section, shall have imprinted thereon in clearly
275 legible fashion by any permanent method the word “Florida” or
276 “FL” and no other state name or abbreviation of any state name
277 in not less than 8-point type. The word “Florida” or “FL” shall
278 appear first or last, if imprinted in conjunction with any
279 manufacturer’s code. A facsimile of the imprinting and its
280 location as it will appear on the individual container shall be
281 submitted to the division for approval.
282 (2) Nothing herein contained shall require such designation
283 to be attached to individual containers of malt beverages which
284 are transported through this state and which are not sold,
285 delivered, or stored for sale therein, if transported in
286 accordance with such rules and regulations as adopted by the
287 division; nor shall this requirement apply to malt beverages
288 packaged in individual containers and held on the premises of a
289 brewer or bottler, which malt beverages are for sale and
290 delivery to persons outside the state.
291 (3) Possession by any person in the state, except as
292 otherwise provided herein, of more than 4 1/2 gallons of malt
293 beverages in individual containers which do not have the word
294 “Florida” or “FL” as herein provided, shall be prima facie
295 evidence that said malt beverage is possessed for the purpose of
296 sale or resale.
297 (4) Except as otherwise provided herein, any malt beverages
298 in individual containers held or possessed in the state for the
299 purpose of sale or resale within the state which do not bear the
300 word “Florida” or “FL” thereon shall, at the direction of the
301 division, be confiscated in accordance with the provisions of
302 the Beverage Law.
303 (5)(a) Nothing contained in this section shall require that
304 malt beverages packaged in individual containers and possessed
305 by any person in the state for purposes of sale or resale in the
306 state have imprinted thereon the word “Florida” or “FL” if the
307 manufacturer of the malt beverages can establish before the
308 division that the manufacturer has a tracking system in place,
309 by use of code or otherwise, which enables the manufacturer,
310 with at least 85 percent reliability by July 1, 1996, and 90
311 percent reliability by January 1, 2000, to identify the
313 1. The place where individual containers of malt beverages
314 were produced;
315 2. The state into which the individual containers of malt
316 beverages were shipped; and
317 3. The individual distributors within the state which
318 received the individual containers of malt beverages.
319 (b) Prior to shipping individual containers of malt
320 beverages into the state which do not have the word “Florida” or
321 “FL” imprinted thereon, the manufacturer must file an
322 application with the division to claim the exemption contained
323 herein and must obtain approval from the division to ship
324 individual containers of malt beverages into the state which do
325 not have the word “Florida” or “FL” imprinted thereon.
326 Information furnished by the manufacturer to establish the
327 criteria contained within paragraph (a) may be subject to an
328 annual audit and verification by the division. The division may
329 revoke an approved exemption if the manufacturer refuses to
330 furnish the information required in paragraph (a) upon request
331 of the division, or if the manufacturer fails to permit a
332 subsequent verification audit, or if the manufacturer fails to
333 fully cooperate with the division during the conducting of an
335 (c) When a distributor has information that malt beverages
336 may have been shipped into Florida on which payment of Florida
337 excise taxes has not been made, such information may be provided
338 to the division and the division shall investigate to ascertain
339 whether any violations of Florida law have occurred.
340 (6) With the exception of growlers as defined in subsection
341 (7), all malt beverages packaged in individual containers sold
342 or offered for sale by vendors at retail in this state shall be
343 in individual containers containing no more than 32 ounces of
344 such malt beverages; provided, however, that nothing contained
345 in this section shall affect malt beverages packaged in bulk, or
346 in kegs, or in barrels or in any individual container containing
347 1 gallon or more of such malt beverage regardless of individual
348 container type.
349 (7)(a) As used in the Beverage Law, the term “growler”
350 means any container between 32 ounces and 128 ounces in size
351 which was originally manufactured to hold malt beverages.
352 (b) A growler may be filled or refilled with:
353 1. A malt beverage manufactured by a manufacturer that
354 holds a valid manufacturer’s license and operates a taproom
355 pursuant to s. 561.221(2)(a).
356 2. A malt beverage manufactured by a manufacturer that
357 holds a valid manufacturer’s license and a valid vendor’s
358 license pursuant to s. 561.221(2)(b).
359 3. Malt beverages manufactured by any manufacturer, if the
360 manufacturer filling the growler holds a valid manufacturer’s
361 license pursuant to s. 561.221(2)(b) and a valid quota license
362 at that location pursuant to ss. 561.20(1) and 565.02(1)(a)-(f).
363 4. A malt beverage sold by a vendor who holds a valid quota
364 license pursuant to ss. 561.20(1) and 565.02(1)(a)-(f).
365 (c) A growler must have an unbroken seal or be incapable of
366 being immediately consumed.
367 (d) A growler must be clearly labeled as containing an
368 alcoholic beverage and provide the name of the manufacturer, the
369 brand, the volume, the percentage of alcohol by volume, and the
370 required label information for alcoholic beverages under 27
371 C.F.R. s. 16.21. If a growler being refilled has an existing
372 label or other identifying mark from a manufacturer or brand,
373 that label shall be covered sufficiently to indicate the
374 manufacturer and brand of the malt beverage placed in the
376 (e) A growler must be clean before being filled.
377 (f) A licensee authorized to fill growlers may not use
378 growlers for purposes of distribution or sale outside the
379 licensed manufacturing premises or licensed vendor premises.
380 (8) (7) A Any person, firm, or corporation, or an agent,
381 officer, or employee thereof, who violates , its agents, officers
382 or employees, violating any of the provisions of this section
383 commits , shall be guilty of a misdemeanor of the first degree,
384 punishable as provided in s. 775.082 or s. 775.083, ; and the
385 license, if any, shall be subject to revocation or suspension by
386 the division.
387 Section 6. If a provision of s. 561.221(2), Florida
388 Statutes, as amended by this act, is held invalid, or if the
389 application of that subsection to any person or circumstance is
390 held invalid, the invalidity does not affect other provisions or
391 applications of this act which can be given effect without the
392 invalid provision or application, and to this end s. 561.221(2),
393 Florida Statutes, is severable.
394 Section 7. This act shall take effect July 1, 2014.
396 ================= T I T L E A M E N D M E N T ================
397 And the title is amended as follows:
398 Delete everything before the enacting clause
399 and insert:
400 A bill to be entitled
401 An act relating to malt beverages; amending s.
402 561.221, F.S.; providing requirements for a licensed
403 manufacturer of malt beverages to sell such beverages
404 directly to consumers; providing requirements for a
405 taproom; prohibiting a manufacturer from holding a
406 vendor’s license at specified premises; providing
407 requirements for a licensed manufacturer to obtain a
408 vendor’s license; specifying the circumstances under
409 which a manufacturer may sell alcoholic beverages
410 under its vendor’s license; requiring a manufacturer
411 to complete certain reports; providing applicability;
412 providing requirements for a brewpub to be licensed as
413 a manufacturer or vendor; providing requirements that
414 must be satisfied by a brewpub before selling
415 alcoholic beverages to consumers; amending s.
416 561.5101, F.S.; conforming a cross-reference; amending
417 s. 561.57, F.S.; prohibiting common carriers from
418 making deliveries of malt beverages to consumers;
419 amending s. 562.34, F.S.; providing that possessing
420 and transporting a growler is lawful; amending s.
421 563.06, F.S.; defining the term “growler”; providing
422 requirements for growlers; providing construction and
423 severability; providing an effective date.