Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SPB 7120
       
       
       
       
       
       
                                Ì286098VÎ286098                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/28/2014           .                                
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       following:
       
    1         Senate Substitute for Amendment (563586) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 561.221, Florida Statutes, is amended to
    7  read:
    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
   37  (b):
   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.
  110  563.06(7).
  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
  145  1.-5.
  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
  175  that:
  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.
  193  563.022(14)(d).
  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
  233  entity.
  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
  266  read:
  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
  312  following:
  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
  334  audit.
  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
  375  growler.
  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.
  395  
  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.