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.
   21  Be It Enacted by the Legislature of the State of Florida:
   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), or s.
   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.
   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 course meal
  109  consisting of a salad or vegetable, entree, a beverage, and
  110  bread and consumed a portion of the bottle of wine with such
  111  meal on 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 course meal 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.