Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SPB 7120
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/28/2014           .                                

    1         Senate Amendment to Amendment (563586) 
    3         Delete lines 90 - 91
    4  and insert:
    5         (3)(a)Notwithstanding s. 561.22, s. 561.42, or any other
    6  provision Notwithstanding other provisions of the Beverage Law,
    7  a any vendor licensed in this state may be licensed as a
    8  manufacturer of malt beverages if the vendor satisfies the
    9  requirements of this subsection. upon a finding by the division
   10  that:
   11         (a) The division may issue a license if it finds that all
   12  of the following conditions are met:
   13         1. The vendor will be engaged in brewing malt beverages at
   14  a single licensed premises location and in an amount that which
   15  will not exceed 10,000 kegs per year. As used in For purposes of
   16  this subparagraph subsection, the term “keg” means 15.5 gallons.
   17         2. The malt beverages so brewed will be sold to consumers
   18  for consumption on the vendor’s licensed premises or on
   19  contiguous licensed premises owned by the vendor.
   20         3. The applicant holds a permanent food service license.
   21         (b) A licensee may sell the following alcoholic beverages,
   22  which may be sold only in face-to-face transactions with
   23  consumers:
   24         1. Malt beverages that are manufactured on the licensed
   25  premises for on-premises consumption.
   26         2. Malt beverages that are manufactured by other
   27  manufacturers for on-premises consumption as authorized under
   28  its vendor’s license.
   29         3. Wine or liquor for on-premises consumption as authorized
   30  under its vendor’s license.
   31         (c) A licensee may not:
   32         1. Ship malt beverages to or between licensed premises
   33  owned by the licensee. A licensee is not a manufacturer for the
   34  purposes of s. 563.022(14).
   35         2. Distribute or sell malt beverages off the licensed
   36  premises.
   37         (d)(b)A licensee is Any vendor which is also licensed as a
   38  manufacturer of malt beverages pursuant to this subsection shall
   39  be responsible for applicable reports pursuant to ss. 561.50 and
   40  561.55 with respect to the amount of beverage manufactured each
   41  month and must shall pay the applicable excise taxes thereon to
   42  the division by the 10th day of each month for the previous
   43  month.
   44         (e)(c)A It shall be unlawful for any licensed distributor
   45  of malt beverages or an any officer, agent, or other
   46  representative thereof may not to discourage or prohibit a
   47  licensee any vendor licensed as a manufacturer under this
   48  subsection from offering malt beverages brewed for consumption
   49  on the licensed premises of the vendor.
   50         (f)(d)A It shall be unlawful for any manufacturer of malt
   51  beverages or an any officer, agent, or other representative
   52  thereof may not to take any action to discourage or prohibit a
   53  any distributor of the manufacturer’s product from distributing
   54  such product to a licensee licensed vendor which is also
   55  licensed as a manufacturer of malt beverages pursuant to this
   56  subsection.
   57         (g) As used in this subsection, the term “licensee” means a
   58  vendor licensed as a manufacturer of malt beverages pursuant to
   59  this subsection.
   60         (4) The Legislature intends that the provisions relating to
   61  the sale of malt beverages by a malt beverage manufacturer
   62  pursuant to subsection (2) and the operation of a licensed
   63  vendor pursuant to subsection (3) constitute limited exceptions
   64  to the manufacturing and vendor licensing requirements of the
   65  Beverage Law. Anything not specifically authorized in
   66  subsections (2) and (3) is prohibited unless otherwise
   67  authorized under the Beverage Law.
   68         Section 3. Section 561.37, Florida Statutes, is amended to
   69  read: