Florida Senate - 2015                       CS for CS for SB 186
       By the Committees on Fiscal Policy; and Regulated Industries;
       and Senators Latvala, Gibson, and Clemens
       594-03415-15                                           2015186c2
    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         limiting the number of vendor’s licenses that the
    8         Division of Alcoholic Beverages and Tobacco of the
    9         Department of Business and Professional Regulation may
   10         issue to a manufacturer of malt beverages; amending s.
   11         561.42, F.S.; authorizing malt beverage tastings upon
   12         certain licensed premises; creating s. 563.0614, F.S.;
   13         authorizing the sale of malt beverages packaged in
   14         individual containers of certain sizes if they are
   15         filled at the point of sale by certain licenseholders;
   16         requiring each container to be imprinted or labeled
   17         with certain information and have an unbroken seal or
   18         be incapable of being immediately consumed; providing
   19         penalties; providing an effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Subsection (2) of section 561.221, Florida
   24  Statutes, is amended to read:
   25         561.221 Licensing of manufacturers and distributors as
   26  vendors and of vendors as manufacturers; conditions and
   27  limitations.—
   28         (2)(a) Notwithstanding s. 561.22, s. 561.42, or any other
   29  provision of the Beverage Law, the division is authorized to
   30  issue vendor’s licenses to a manufacturer of malt beverages,
   31  even if such manufacturer is also licensed as a distributor, for
   32  the sale of alcoholic beverages on property consisting of a
   33  single complex, which property shall include a brewery and such
   34  other structures which promote the brewery and the tourist
   35  industry of the state. However, such property may be divided by
   36  no more than one public street or highway. Notwithstanding any
   37  other provision of the Beverage Law, a manufacturer holding
   38  multiple manufacturing licenses may transfer malt beverages to a
   39  licensed facility, as provided in s. 563.022(14)(d), in an
   40  amount up to the yearly production amount at the receiving
   41  facility. Malt beverages and other alcoholic beverages
   42  manufactured by another licensed manufacturer, including any
   43  malt beverages that are owned in whole or in part by the
   44  manufacturer but are brewed by another manufacturer, must be
   45  obtained through a licensed distributor that is not also a
   46  licensed manufacturer, a licensed broker or sales agent, or a
   47  licensed importer. A manufacturer possessing a vendor’s license
   48  under this subsection is not permitted to make deliveries under
   49  s. 561.57(1).
   50         (b) The division is authorized to issue up to nine vendor’s
   51  licenses to a manufacturer of malt beverages pursuant to this
   52  subsection.
   53         Section 2. Paragraph (e) of subsection (14) of section
   54  561.42, Florida Statutes, is amended to read:
   55         561.42 Tied house evil; financial aid and assistance to
   56  vendor by manufacturer, distributor, importer, primary American
   57  source of supply, brand owner or registrant, or any broker,
   58  sales agent, or sales person thereof, prohibited; procedure for
   59  enforcement; exception.—
   60         (14) The division shall adopt reasonable rules governing
   61  promotional displays and advertising, which rules shall not
   62  conflict with or be more stringent than the federal regulations
   63  pertaining to such promotional displays and advertising
   64  furnished to vendors by distributors, manufacturers, importers,
   65  primary American sources of supply, or brand owners or
   66  registrants, or any broker, sales agent, or sales person
   67  thereof; however:
   68         (e) A manufacturer, distributor, or importer of malt
   69  beverages, or any contracted third-party agent thereof, may
   70  Manufacturers, distributors, importers, brand owners, or brand
   71  registrants of beer, and any broker, sales agent, or sales
   72  person thereof, shall not conduct any sampling activities that
   73  include the tasting of malt beverage products on: their product
   74  at a vendor’s premises licensed for off-premises sales only.
   75         1. The licensed premises of any vendor authorized to sell
   76  alcoholic beverages by the drink for consumption on premises; or
   77         2. The licensed premises of any vendor authorized to sell
   78  alcoholic beverages only in sealed containers for consumption
   79  off premises if:
   80         a. The licensed premises is at an establishment having at
   81  least 10,000 square feet of interior floor space exclusive of
   82  storage space not open to the general public; or
   83         b. The licensed premises is a package store licensed under
   84  s. 565.02(1)(a) selling their product at a vendor’s premises
   85  licensed for off-premises sales only.
   87  A malt beverage tasting conducted under this paragraph must be
   88  limited to and directed toward the general public of the age of
   89  legal consumption. This paragraph does not preclude a vendor,
   90  including a vendor or manufacturer licensed pursuant to s.
   91  561.221(2) or (3), from conducting a malt beverage tasting on
   92  its licensed premises using malt beverages from its own
   93  inventory.
   94         Section 3. Section 563.0614, Florida Statutes, is created
   95  to read:
   96         563.0614 Malt beverage container sizes.—
   97         (1) Notwithstanding any other provision of the Beverage
   98  Law, a malt beverage may be packaged in an individual container
   99  of 32, 64, or 128 ounces if it is filled at the point of sale by
  100  any of the following:
  101         (a) A licensed manufacturer of malt beverages which holds a
  102  vendor’s license under s. 561.221(2).
  103         (b) A vendor holding a quota license that authorizes the
  104  sale of malt beverages under ss. 561.20(1) and 565.02(1)(a).
  105         (c) A vendor holding a license under s. 563.02(1)(b)-(f),
  106  s. 564.02(1)(b)-(f), or s. 565.02(1)(b)-(f), unless such license
  107  restricts the sale of malt beverages to consumption on the
  108  premises only.
  109         (2) The container must identify or be imprinted or labeled
  110  with information specifying the manufacturer, the brand of the
  111  malt beverage, the anticipated percentage of alcohol by volume,
  112  and must have an unbroken seal or be incapable of being
  113  immediately consumed.
  114         (3) A person, firm, or corporation, including its agents,
  115  officers, or employees, which violates subsection (1) commits a
  116  misdemeanor of the first degree, punishable as provided in s.
  117  775.082 or s. 775.083, and the license held by the person, firm,
  118  or corporation, if any, is subject to revocation or suspension
  119  by the division. A person, firm, or corporation, including its
  120  agents, officers, or employees, which violates subsection (2)
  121  may be subject to a fine by the division of up to $250.
  122         Section 4. This act shall take effect July 1, 2015.