Florida Senate - 2017                              CS for SB 554
       By the Committee on Regulated Industries; and Senators Young and
       580-01967-17                                           2017554c1
    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
   21  limitations.—
   22         (2)
   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
   33  distributor.
   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
   47  that:
   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
   95  manufacturers.—
   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.