Florida Senate - 2017 CS for SB 554
By the Committee on Regulated Industries; and Senators Young and
1 A bill to be entitled
2 An act relating to craft breweries; amending s.
3 561.221, F.S.; exempting certain vendors from
4 specified delivery restrictions under certain
5 circumstances; providing applicability; amending s.
6 561.5101, F.S.; revising applicability; amending s.
7 561.57, F.S.; providing that certain manufacturers may
8 transport malt beverages in vehicles owned or leased
9 by certain persons other than the manufacturers;
10 amending s. 563.022, F.S.; conforming a provision to
11 changes made by the act; providing an effective date.
13 Be It Enacted by the Legislature of the State of Florida:
15 Section 1. Paragraph (d) of subsection (2) of section
16 561.221, Florida Statutes, is amended, paragraph (f) is added to
17 that subsection, and paragraph (a) of subsection (3) of that
18 section is amended, to read:
19 561.221 Licensing of manufacturers and distributors as
20 vendors and of vendors as manufacturers; conditions and
23 (d) A manufacturer possessing a vendor’s license under this
24 subsection is not permitted to make deliveries under s.
25 561.57(1), except as provided in paragraph (f).
26 (f) Notwithstanding any other provision of the Beverage
27 Law, a manufacturer possessing a vendor’s license under this
28 subsection may sell, transport, and deliver to vendors, from the
29 manufacturer’s licensed premises, malt beverages that have been
30 manufactured on its licensed premises if the manufacturer
31 complies with the requirements in ss. 561.42 and 561.423, as
32 applicable, to the same extent as if the manufacturer were a
34 1. The authority provided in this paragraph is limited to
35 the sale, transport, and delivery of kegs or similar containers
36 that hold 5.16 gallons, 7.75 gallons, or 15.5 gallons.
37 2. Any delivery under this paragraph is subject to the
38 provisions of s. 561.57(2) related to deliveries by licensees.
39 3. This paragraph does not apply to a manufacturer who:
40 a. Has a franchise agreement with a distributor pursuant to
41 s. 563.022; or
42 b. Has a total production volume of more than 7,000 kegs of
43 malt beverages a year.
44 (3)(a) Notwithstanding other provisions of the Beverage
45 Law, any vendor licensed in this state may be licensed as a
46 manufacturer of malt beverages upon a finding by the division
48 1. The vendor will be engaged in brewing malt beverages at
49 a single location and in an amount which will not exceed 10,000
50 kegs per year. For purposes of this section
subsection, the term
51 “keg” means 15.5 gallons.
52 2. The malt beverages so brewed will be sold to consumers
53 for consumption on the vendor’s licensed premises or on
54 contiguous licensed premises owned by the vendor.
55 Section 2. Subsection (1) of section 561.5101, Florida
56 Statutes, is amended to read:
57 561.5101 Come-to-rest requirement; exceptions; penalties.—
58 (1) For purposes of inspection and tax-revenue control, all
59 malt beverages, except those manufactured and sold by the same
60 licensee, pursuant to s. 561.221(2) or (3), must come to rest at
61 the licensed premises of an alcoholic beverage wholesaler in
62 this state before being sold to a vendor by the wholesaler. The
63 prohibition contained in this subsection does not apply to the
64 shipment of malt beverages commonly known as private labels. The
65 prohibition contained in this subsection shall not prevent a
66 manufacturer from shipping malt beverages for storage at a
67 bonded warehouse facility, provided that such malt beverages are
68 distributed as provided in this subsection or to an out-of-state
69 entity. The prohibition contained in this subsection does not
70 apply to a manufacturer delivering alcoholic beverages to a
71 licensed vendor as provided in s. 561.221(2)(f).
72 Section 3. Subsection (2) of section 561.57, Florida
73 Statutes, is amended to read:
74 561.57 Deliveries by licensees.—
75 (2) Deliveries made by a manufacturer, distributor, or
76 vendor away from his or her place of business may be made only
77 in vehicles that which are owned or leased by the licensee.
78 However, a manufacturer authorized to make deliveries under s.
79 561.221(2)(f) to the licensed premises of a vendor may transport
80 malt beverages if the vehicle used to transport the alcoholic
81 beverages is owned or leased by the manufacturer or any person
82 who has been disclosed on a license application filed by the
83 manufacturer and approved by the division. By acceptance of an
84 alcoholic beverage license and the use of such vehicles, the
85 licensee agrees that such vehicle shall always be subject to be
86 inspected and searched without a search warrant, for the purpose
87 of ascertaining that all provisions of the alcoholic beverage
88 laws are complied with, by authorized employees of the division
89 and also by sheriffs, deputy sheriffs, and police officers
90 during business hours or other times the vehicle is being used
91 to transport or deliver alcoholic beverages.
92 Section 4. Paragraph (d) of subsection (14) of section
93 563.022, Florida Statutes, is amended to read:
94 563.022 Relations between beer distributors and
96 (14) MANUFACTURER; PROHIBITED INTERESTS.—
97 (d) Nothing in the Beverage Law shall be construed to
98 prohibit a manufacturer from shipping products to or between its
99 breweries, or between its breweries and the licensed premises of
100 a vendor as provided in s. 561.221(2)(f), without a
101 distributor’s license.
102 Section 5. This act shall take effect July 1, 2017.