Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 166
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2017           .                                

       Appropriations Subcommittee on General Government (Steube)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (2) of section
    6  565.03, Florida Statutes, is amended to read:
    7         565.03 License fees; manufacturers, distributors, brokers,
    8  sales agents, and importers of alcoholic beverages; vendor
    9  licenses and fees; craft distilleries.—
   10         (2)
   11         (c) A craft distillery licensed under this section may sell
   12  to consumers, at its souvenir gift shop, branded products
   13  distilled on its premises in this state in factory-sealed
   14  containers that are filled at the distillery for off-premises
   15  consumption. Such sales are authorized only on private property
   16  contiguous to the licensed distillery premises in this state and
   17  included on the sketch or diagram defining the licensed premises
   18  submitted with the distillery’s license application. All sketch
   19  or diagram revisions by the distillery shall require the
   20  division’s approval verifying that the souvenir gift shop
   21  location operated by the licensed distillery is owned or leased
   22  by the distillery and on property contiguous to the distillery’s
   23  production building in this state.
   24         1. A craft distillery may not sell any factory-sealed
   25  individual containers of spirits except in face-to-face sales
   26  transactions with consumers who are making a purchase of no more
   27  than six individual containers of each branded product.:
   28         a.Two individual containers of each branded product;
   29         b.Three individual containers of a single branded product
   30  and up to one individual container of a second branded product;
   31  or
   32         c.Four individual containers of a single branded product.
   33         2. Each container sold in face-to-face transactions with
   34  consumers must comply with the container limits in s. 565.10,
   35  per calendar year for the consumer’s personal use and not for
   36  resale and who are present at the distillery’s licensed premises
   37  in this state.
   38         3. A craft distillery must report to the division within 5
   39  days after it reaches the production limitations provided in
   40  paragraph (1)(b). Any retail sales to consumers at the craft
   41  distillery’s licensed premises are prohibited beginning the day
   42  after it reaches the production limitation.
   43         4. A craft distillery may not ship or arrange to ship any
   44  of its distilled spirits to consumers and may sell and deliver
   45  only to consumers within the state in a face-to-face transaction
   46  at the distillery property. However, a craft distiller licensed
   47  under this section may ship, arrange to ship, or deliver such
   48  spirits to manufacturers of distilled spirits, wholesale
   49  distributors of distilled spirits, state or federal bonded
   50  warehouses, and exporters.
   51         5. Except as provided in subparagraph 6., it is unlawful to
   52  transfer a distillery license for a distillery that produces
   53  75,000 or fewer gallons per calendar year of distilled spirits
   54  on its premises or any ownership interest in such license to an
   55  individual or entity that has a direct or indirect ownership
   56  interest in any distillery licensed in this state; another
   57  state, territory, or country; or by the United States government
   58  to manufacture, blend, or rectify distilled spirits for beverage
   59  purposes.
   60         6. A craft distillery shall not have its ownership
   61  affiliated with another distillery, unless such distillery
   62  produces 75,000 or fewer gallons per calendar year of distilled
   63  spirits on each of its premises in this state or in another
   64  state, territory, or country.
   65         Section 2. This act shall take effect upon becoming a law.
   67  ================= T I T L E  A M E N D M E N T ================
   68  And the title is amended as follows:
   69         Delete everything before the enacting clause
   70  and insert:
   71                        A bill to be entitled                      
   72         An act relating to craft distilleries; amending s.
   73         565.03, F.S.; revising the limitations on retail sales
   74         by craft distilleries to consumers; providing an
   75         effective date.