Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 186
       Proposed Committee Substitute by the Committee on Regulated
    1                        A bill to be entitled                      
    2         An act relating to malt beverages; amending s.
    3         561.221, F.S.; revising the exception for the
    4         licensing of malt beverage manufacturers as vendors;
    5         amending s. 561.42, F.S.; authorizing malt beverage
    6         tastings upon certain licensed premises; creating s.
    7         563.0614, F.S.; authorizing the sale of malt beverages
    8         packaged in individual containers of certain sizes if
    9         they are filled at the point of sale by certain
   10         licenseholders; requiring each container to be
   11         imprinted or labeled with certain information and have
   12         an unbroken seal or be incapable of being immediately
   13         consumed; providing penalties; providing an effective
   14         date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Subsection (2) of section 561.221, Florida
   19  Statutes, is amended to read:
   20         561.221 Licensing of manufacturers and distributors as
   21  vendors and of vendors as manufacturers; conditions and
   22  limitations.—
   23         (2) Notwithstanding s. 561.22, s. 561.42, or any other
   24  provision of the Beverage Law, the division may is authorized to
   25  issue vendor’s licenses to a manufacturer of malt beverages,
   26  even if the such manufacturer is also licensed as a distributor,
   27  for the sale of alcoholic beverages on property that includes a
   28  brewery consisting of a single complex , which property shall
   29  include a brewery and such other structures which promote the
   30  brewery and the tourist industry of the state. However, such
   31  property may be divided by no more than one public street or
   32  highway.
   33         Section 2. Paragraph (e) of subsection (14) of section
   34  561.42, Florida Statutes, is amended to read:
   35         561.42 Tied house evil; financial aid and assistance to
   36  vendor by manufacturer, distributor, importer, primary American
   37  source of supply, brand owner or registrant, or any broker,
   38  sales agent, or sales person thereof, prohibited; procedure for
   39  enforcement; exception.—
   40         (14) The division shall adopt reasonable rules governing
   41  promotional displays and advertising, which rules shall not
   42  conflict with or be more stringent than the federal regulations
   43  pertaining to such promotional displays and advertising
   44  furnished to vendors by distributors, manufacturers, importers,
   45  primary American sources of supply, or brand owners or
   46  registrants, or any broker, sales agent, or sales person
   47  thereof; however:
   48         (e) A manufacturer, distributor, or importer of malt
   49  beverages, or any contracted third-party agent thereof, may
   50  Manufacturers, distributors, importers, brand owners, or brand
   51  registrants of beer, and any broker, sales agent, or sales
   52  person thereof, shall not conduct any sampling activities that
   53  include the tasting of malt beverage products on: their product
   54  at a vendor’s premises licensed for off-premises sales only.
   55         1. The licensed premises of any vendor authorized to sell
   56  alcoholic beverages by the drink for consumption on premises; or
   57         2. The licensed premises of any vendor authorized to sell
   58  alcoholic beverages only in sealed containers for consumption
   59  off premises if:
   60         a. The licensed premises is at an establishment having at
   61  least 10,000 square feet of interior floor space exclusive of
   62  storage space not open to the general public; or
   63         b. The licensed premises is a package store licensed under
   64  s. 565.02(1)(a) selling their product at a vendor’s premises
   65  licensed for off-premises sales only.
   67  A malt beverage tasting conducted under this paragraph must be
   68  limited to and directed toward the general public of the age of
   69  legal consumption. This paragraph does not preclude a vendor,
   70  including a vendor or manufacturer licensed pursuant to s.
   71  561.221(2) or (3), from conducting a malt beverage tasting on
   72  its licensed premises using malt beverages from its own
   73  inventory.
   74         Section 3. Section 563.0614, Florida Statutes, is created
   75  to read:
   76         563.0614 Malt beverage container sizes.—
   77         (1) Notwithstanding any other provision of the Beverage
   78  Law, a malt beverage may be packaged in an individual container
   79  of 32, 64, or 128 ounces if it is filled at the point of sale by
   80  any of the following:
   81         (a) A licensed manufacturer of malt beverages which holds a
   82  vendor’s license under s. 561.221(2).
   83         (b) A vendor holding a quota license that authorizes the
   84  sale of malt beverages under ss. 561.20(1) and 565.02(1)(a).
   85         (c) A vendor holding a license under s. 563.02(1)(b)-(f),
   86  s. 564.02(1)(b)-(f), or s. 565.02(1)(b)-(f), unless such license
   87  restricts the sale of malt beverages to consumption on the
   88  premises only.
   89         (2) The container must identify or be imprinted or labeled
   90  with information specifying the manufacturer, the brand of the
   91  malt beverage, the anticipated percentage of alcohol by volume,
   92  and must have an unbroken seal or be incapable of being
   93  immediately consumed.
   94         (3) A person, firm, or corporation, including its agents,
   95  officers, or employees, which violates subsection (1) commits a
   96  misdemeanor of the first degree, punishable as provided in s.
   97  775.082 or s. 775.083, and the license held by the person, firm,
   98  or corporation, if any, is subject to revocation or suspension
   99  by the division. A person, firm, or corporation, including its
  100  agents, officers, or employees, which violates subsection (2)
  101  may be subject to a fine by the division of up to $250.
  102         Section 4. This act shall take effect July 1, 2015.