Florida Senate - 2015                              CS for SB 186
       By the Committee on Regulated Industries; and Senators Latvala,
       Gibson, and Clemens
       580-01696-15                                           2015186c1
    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         providing restrictions on the sale of malt beverages;
    6         prohibiting the delivery of certain malt beverages;
    7         amending s. 561.42, F.S.; authorizing malt beverage
    8         tastings upon certain licensed premises; creating s.
    9         563.0614, F.S.; authorizing the sale of malt beverages
   10         packaged in individual containers of certain sizes if
   11         they are filled at the point of sale by certain
   12         licenseholders; requiring each container to be
   13         imprinted or labeled with certain information and have
   14         an unbroken seal or be incapable of being immediately
   15         consumed; providing penalties; providing an effective
   16         date.
   18  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Subsection (2) of section 561.221, Florida
   22  Statutes, is amended to read:
   23         561.221 Licensing of manufacturers and distributors as
   24  vendors and of vendors as manufacturers; conditions and
   25  limitations.—
   26         (2)(a) Notwithstanding s. 561.22, s. 561.42, or any other
   27  provision of the Beverage Law, the division is authorized to
   28  issue vendor’s licenses to a manufacturer of malt beverages,
   29  even if such manufacturer is also licensed as a distributor, for
   30  the sale of alcoholic beverages on property consisting of a
   31  single complex, which property shall include a brewery and such
   32  other structures which promote the brewery and the tourist
   33  industry of the state. However, such property may be divided by
   34  no more than one public street or highway. Notwithstanding any
   35  other provision of the Beverage Law, a manufacturer holding
   36  multiple manufacturing licenses may transfer malt beverages to a
   37  licensed facility, as provided in s. 563.022(14)(d), in an
   38  amount up to the yearly production amount at the receiving
   39  facility. Malt beverages and other alcoholic beverages
   40  manufactured by another licensed manufacturer, including any
   41  malt beverages that are owned in whole or in part by the
   42  manufacturer but are brewed by another manufacturer, must be
   43  obtained through a licensed distributor that is not also a
   44  licensed manufacturer, a licensed broker or sales agent, or a
   45  licensed importer. A manufacturer possessing a vendor’s license
   46  under this subsection is not permitted to make deliveries under
   47  s. 561.57(1).
   48         Section 2. Paragraph (e) of subsection (14) of section
   49  561.42, Florida Statutes, is amended to read:
   50         561.42 Tied house evil; financial aid and assistance to
   51  vendor by manufacturer, distributor, importer, primary American
   52  source of supply, brand owner or registrant, or any broker,
   53  sales agent, or sales person thereof, prohibited; procedure for
   54  enforcement; exception.—
   55         (14) The division shall adopt reasonable rules governing
   56  promotional displays and advertising, which rules shall not
   57  conflict with or be more stringent than the federal regulations
   58  pertaining to such promotional displays and advertising
   59  furnished to vendors by distributors, manufacturers, importers,
   60  primary American sources of supply, or brand owners or
   61  registrants, or any broker, sales agent, or sales person
   62  thereof; however:
   63         (e) A manufacturer, distributor, or importer of malt
   64  beverages, or any contracted third-party agent thereof, may
   65  Manufacturers, distributors, importers, brand owners, or brand
   66  registrants of beer, and any broker, sales agent, or sales
   67  person thereof, shall not conduct any sampling activities that
   68  include the tasting of malt beverage products on: their product
   69  at a vendor’s premises licensed for off-premises sales only.
   70         1. The licensed premises of any vendor authorized to sell
   71  alcoholic beverages by the drink for consumption on premises; or
   72         2. The licensed premises of any vendor authorized to sell
   73  alcoholic beverages only in sealed containers for consumption
   74  off premises if:
   75         a. The licensed premises is at an establishment having at
   76  least 10,000 square feet of interior floor space exclusive of
   77  storage space not open to the general public; or
   78         b. The licensed premises is a package store licensed under
   79  s. 565.02(1)(a) selling their product at a vendor’s premises
   80  licensed for off-premises sales only.
   82  A malt beverage tasting conducted under this paragraph must be
   83  limited to and directed toward the general public of the age of
   84  legal consumption. This paragraph does not preclude a vendor,
   85  including a vendor or manufacturer licensed pursuant to s.
   86  561.221(2) or (3), from conducting a malt beverage tasting on
   87  its licensed premises using malt beverages from its own
   88  inventory.
   89         Section 3. Section 563.0614, Florida Statutes, is created
   90  to read:
   91         563.0614 Malt beverage container sizes.—
   92         (1) Notwithstanding any other provision of the Beverage
   93  Law, a malt beverage may be packaged in an individual container
   94  of 32, 64, or 128 ounces if it is filled at the point of sale by
   95  any of the following:
   96         (a) A licensed manufacturer of malt beverages which holds a
   97  vendor’s license under s. 561.221(2).
   98         (b) A vendor holding a quota license that authorizes the
   99  sale of malt beverages under ss. 561.20(1) and 565.02(1)(a).
  100         (c) A vendor holding a license under s. 563.02(1)(b)-(f),
  101  s. 564.02(1)(b)-(f), or s. 565.02(1)(b)-(f), unless such license
  102  restricts the sale of malt beverages to consumption on the
  103  premises only.
  104         (2) The container must identify or be imprinted or labeled
  105  with information specifying the manufacturer, the brand of the
  106  malt beverage, the anticipated percentage of alcohol by volume,
  107  and must have an unbroken seal or be incapable of being
  108  immediately consumed.
  109         (3) A person, firm, or corporation, including its agents,
  110  officers, or employees, which violates subsection (1) commits a
  111  misdemeanor of the first degree, punishable as provided in s.
  112  775.082 or s. 775.083, and the license held by the person, firm,
  113  or corporation, if any, is subject to revocation or suspension
  114  by the division. A person, firm, or corporation, including its
  115  agents, officers, or employees, which violates subsection (2)
  116  may be subject to a fine by the division of up to $250.
  117         Section 4. This act shall take effect July 1, 2015.