Florida Senate - 2017                CS for CS for CS for SB 166
       By the Committees on Appropriations; Commerce and Tourism; and
       Regulated Industries; and Senators Steube, Brandes, Hutson, and
       576-04162-17                                           2017166c3
    1                        A bill to be entitled                      
    2         An act relating to craft distilleries; amending s.
    3         565.03, F.S.; revising the limitations on retail sales
    4         by craft distilleries to consumers; providing an
    5         effective date.
    7  Be It Enacted by the Legislature of the State of Florida:
    9         Section 1. Paragraph (c) of subsection (2) of section
   10  565.03, Florida Statutes, is amended to read:
   11         565.03 License fees; manufacturers, distributors, brokers,
   12  sales agents, and importers of alcoholic beverages; vendor
   13  licenses and fees; craft distilleries.—
   14         (2)
   15         (c) A craft distillery licensed under this section may sell
   16  to consumers, at its souvenir gift shop, branded products
   17  distilled on its premises in this state in factory-sealed
   18  containers that are filled at the distillery for off-premises
   19  consumption. Such sales are authorized only on private property
   20  contiguous to the licensed distillery premises in this state and
   21  included on the sketch or diagram defining the licensed premises
   22  submitted with the distillery’s license application. All sketch
   23  or diagram revisions by the distillery shall require the
   24  division’s approval verifying that the souvenir gift shop
   25  location operated by the licensed distillery is owned or leased
   26  by the distillery and on property contiguous to the distillery’s
   27  production building in this state.
   28         1. A craft distillery may not sell any factory-sealed
   29  individual containers of spirits except in face-to-face sales
   30  transactions with consumers who are making a purchase of no more
   31  than six individual containers of each branded product.:
   32         a.Two individual containers of each branded product;
   33         b.Three individual containers of a single branded product
   34  and up to one individual container of a second branded product;
   35  or
   36         c.Four individual containers of a single branded product.
   37         2. Each container sold in face-to-face transactions with
   38  consumers must comply with the container limits in s. 565.10,
   39  per calendar year for the consumer’s personal use and not for
   40  resale and who are present at the distillery’s licensed premises
   41  in this state.
   42         3. A craft distillery must report to the division within 5
   43  days after it reaches the production limitations provided in
   44  paragraph (1)(b). Any retail sales to consumers at the craft
   45  distillery’s licensed premises are prohibited beginning the day
   46  after it reaches the production limitation.
   47         4. A craft distillery may not ship or arrange to ship any
   48  of its distilled spirits to consumers and may sell and deliver
   49  only to consumers within the state in a face-to-face transaction
   50  at the distillery property. However, a craft distiller licensed
   51  under this section may ship, arrange to ship, or deliver such
   52  spirits to manufacturers of distilled spirits, wholesale
   53  distributors of distilled spirits, state or federal bonded
   54  warehouses, and exporters.
   55         5. Except as provided in subparagraph 6., it is unlawful to
   56  transfer a distillery license for a distillery that produces
   57  75,000 or fewer gallons per calendar year of distilled spirits
   58  on its premises or any ownership interest in such license to an
   59  individual or entity that has a direct or indirect ownership
   60  interest in any distillery licensed in this state; another
   61  state, territory, or country; or by the United States government
   62  to manufacture, blend, or rectify distilled spirits for beverage
   63  purposes.
   64         6. A craft distillery shall not have its ownership
   65  affiliated with another distillery, unless such distillery
   66  produces 75,000 or fewer gallons per calendar year of distilled
   67  spirits on each of its premises in this state or in another
   68  state, territory, or country.
   69         Section 2. This act shall take effect upon becoming a law.