Florida Senate - 2017 CS for CS for SB 388 By the Committees on Rules; and Regulated Industries; and Senator Hutson 595-03756A-17 2017388c2 1 A bill to be entitled 2 An act relating to the Beverage Law; amending s. 3 561.42, F.S.; providing an exemption from provisions 4 relating to the tied house evil for specified 5 financial transactions between a manufacturer of beer 6 or malt beverages and a licensed vendor; providing 7 conditions for the exception; amending s. 562.13, 8 F.S.; revising applicability to specify circumstances 9 under which persons under the age of 18 years who are 10 employed in specified businesses are excluded from 11 certain employment prohibitions; repealing s. 564.05, 12 F.S., relating to limitations on the size of 13 individual wine containers; amending s. 564.055, F.S.; 14 authorizing the packaging, filling, refilling, or sale 15 of cider in growlers; amending s. 564.09, F.S.; 16 revising provisions authorizing a restaurant to allow 17 a patron to remove a resealed wine container from a 18 restaurant for off-premises consumption; providing an 19 effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Subsection (15) is added to section 561.42, 24 Florida Statutes, to read: 25 561.42 Tied house evil; financial aid and assistance to 26 vendor by manufacturer, distributor, importer, primary American 27 source of supply, brand owner or registrant, or any broker, 28 sales agent, or sales person thereof, prohibited; procedure for 29 enforcement; exception.— 30 (15) This section does not apply to a financial transaction 31 negotiated at arm’s length for fair market value between a 32 manufacturer of beer or malt beverages, as defined in s. 563.01, 33 and a vendor licensed under the Beverage Law if: 34 (a) Such financial transaction does not involve, either all 35 or in part, the direct sale or distribution of beer or malt 36 beverages between the manufacturer and licensed vendor; 37 (b) Such financial transaction does not limit, either 38 directly or indirectly, the sale of alcoholic beverages from 39 another manufacturer during or in connection with any sponsored 40 events; 41 (c) The vendor operates places of business where 42 consumption on the premises is permitted, which premises are 43 located within a theme park complex comprised of at least 25 44 contiguous acres owned and controlled by the same business 45 entity and which contains permanent exhibitions and a variety of 46 recreational activities and has a minimum of 1 million visitors 47 annually; however, the total number of such transactions in 48 effect during any calendar year with respect to each theme park 49 complex may not exceed 25 transactions; and 50 (d) The financial transaction is registered with the 51 division with a summary of the transaction that includes a 52 description of any sponsored events, activities, or cooperative 53 advertising. 54 Section 2. Paragraph (c) of subsection (2) of section 55 562.13, Florida Statutes, as amended by Senate Bill 106 or other 56 similar legislation, enacted in the 2017 Regular Session or an 57 extension thereof, is amended to read: 58 562.13 Employment of minors or certain other persons by 59 certain vendors prohibited; exceptions.— 60 (2) This section shall not apply to: 61 (c)1. Persons under the age of 18 years who are employed in 62 a retail drugstore, grocery store, department store, florist 63 shop, specialty gift shop, or automobile service station whose 64 license fees are specified in
s. 563.02(1), s. 564.02(1), ors. 65 565.02(1)(a), if such vendor derives 30 percent or less of its 66 monthly gross revenue from sales of alcoholic beverages. This 67 exception applies only if the minor employees are supervised by 68 a person 18 years of age or older who verifies that any 69 purchaser of alcoholic beverages is 21 years of age or older and 70 who approves the sale of alcoholic beverages to such purchaser; 71 however, the requirement for supervision and approval does not 72 apply to sales of beer and wine. Failure to comply with the 73 restriction on monthly revenue from the sale of alcoholic 74 beverages is unlawful if a person under the age of 18 years is 75 employed in the licensed premises during a month that the 76 restriction is exceeded. 77 2. Persons under the age of 18 years who are employed in a 78 retail drug store, grocery store, department store, florist 79 shop, specialty gift shop, or automobile service station that 80 has obtained a license only to sell beer or beer and wine, when 81 such sales are made for consumption off the premises. 82 83 However, a minor to whom this subsection otherwise applies may 84 not be employed if the employment, whether as a professional 85 entertainer or otherwise, involves nudity, as defined in s. 86 847.001, on the part of the minor and such nudity is intended as 87 a form of adult entertainment. 88 Section 3. Section 564.05, Florida Statutes, is repealed. 89 Section 4. Section 564.055, Florida Statutes, is amended to 90 read: 91 564.055 Cider containers.—Notwithstanding any other law to 92 the contrary, cider, as defined in s. 564.06(4), may be sold by 93 vendors at retail in any size individual container containing no 94 more than 32 ounces of cider; however, this section does not 95 prohibit cider from being packaged and sold in bulk, in kegs or 96 barrels, or in any individual container that contains 1 gallon 97 or more of cider, regardless of container type. In addition, 98 cider may be packaged, filled, refilled, or sold in 32-ounce, 99 64-ounce, and 1-gallon growlers in the same manner and under the 100 same restrictions as authorized for malt beverages pursuant to 101 s. 563.06(7). 102 Section 5. Section 564.09, Florida Statutes, is amended to 103 read: 104 564.09 Restaurants; off-premises consumption of wine. 105 Notwithstanding any other provision of law, a restaurant 106 licensed to sell wine on the premises may permit a patron to 107 remove one unsealed bottle of wine for consumption off the 108 premises if the patron has purchased a full coursemeal 109 consisting of a salad or vegetable, entree, a beverage, and110 breadand consumed a portion of the bottle of wine with such111 mealon the restaurant premises. A partially consumed bottle of 112 wine that is to be removed from the premises must be securely 113 resealed by the licensee or its employees before removal from 114 the premises. The partially consumed bottle of wine shall be 115 placed in a bag or other container that is secured in such a 116 manner that it is visibly apparent if the container has been 117 subsequently opened or tampered with, and a dated receipt for 118 the bottle of wine and full coursemeal shall be provided by the 119 licensee and attached to the container. If transported in a 120 motor vehicle, the container with the resealed bottle of wine 121 must be placed in a locked glove compartment, a locked trunk, or 122 the area behind the last upright seat of a motor vehicle that is 123 not equipped with a trunk. 124 Section 6. This act shall take effect July 1, 2017.