Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SPB 7120
Senate . House
Comm: FAV .
1 Senate Amendment to Amendment (563586)
3 Delete lines 90 - 91
4 and insert:
(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
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
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
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
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
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