Florida Senate - 2017                       CS for CS for SB 554
       By the Committees on Commerce and Tourism; and Regulated
       Industries; and Senators Young and Latvala
       577-02922-17                                           2017554c2
    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; authorizing
    6         vendors licensed as manufacturers under ch. 561, F.S.,
    7         to transfer malt beverages to certain restaurants with
    8         common ownership affiliations; amending s. 561.5101,
    9         F.S.; revising applicability; amending s. 561.57,
   10         F.S.; providing that certain manufacturers may
   11         transport malt beverages in vehicles owned or leased
   12         by certain persons other than the manufacturers;
   13         amending s. 563.022, F.S.; conforming a provision to
   14         changes made by the act; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Paragraph (d) of subsection (2) of section
   19  561.221, Florida Statutes, is amended, paragraph (f) is added to
   20  that subsection, paragraph (a) of subsection (3) of that section
   21  is amended, and subsection (4) is added to that section, to
   22  read:
   23         561.221 Licensing of manufacturers and distributors as
   24  vendors and of vendors as manufacturers; conditions and
   25  limitations.—
   26         (2)
   27         (d) A manufacturer possessing a vendor’s license under this
   28  subsection is not permitted to make deliveries under s.
   29  561.57(1), except as provided in paragraph (f).
   30         (f) Notwithstanding any other provision of the Beverage
   31  Law, a manufacturer possessing a vendor’s license under this
   32  subsection may sell, transport, and deliver to vendors, from the
   33  manufacturer’s licensed premises, malt beverages that have been
   34  manufactured on its licensed premises if the manufacturer
   35  complies with the requirements in ss. 561.42 and 561.423, as
   36  applicable, to the same extent as if the manufacturer were a
   37  distributor.
   38         1. The authority provided in this paragraph is limited to
   39  the sale, transport, and delivery of kegs or similar containers
   40  that hold 5.16 gallons, 7.75 gallons, or 15.5 gallons.
   41         2. Any delivery under this paragraph is subject to the
   42  provisions of s. 561.57(2) related to deliveries by licensees.
   43         3. This paragraph does not apply to a manufacturer who:
   44         a. Has a franchise agreement with a distributor pursuant to
   45  s. 563.022; or
   46         b. Has a total production volume of more than 7,000 kegs of
   47  malt beverages a year.
   48         (3)(a) Notwithstanding other provisions of the Beverage
   49  Law, any vendor licensed in this state may be licensed as a
   50  manufacturer of malt beverages upon a finding by the division
   51  that:
   52         1. The vendor will be engaged in brewing malt beverages at
   53  a single location and in an amount which will not exceed 10,000
   54  kegs per year. For purposes of this section subsection, the term
   55  “keg” means 15.5 gallons.
   56         2. The malt beverages so brewed will be sold to consumers
   57  for consumption on the vendor’s licensed premises or on
   58  contiguous licensed premises owned by the vendor.
   59         (4)Notwithstanding any other provision of the Beverage
   60  Law, any vendor licensed as a manufacturer under this section
   61  may transfer malt beverages to any restaurant with which it has
   62  common ownership affiliations, which restaurant is part of a
   63  restaurant group that comprises not more than 15 restaurants.
   64         Section 2. Subsection (1) of section 561.5101, Florida
   65  Statutes, is amended to read:
   66         561.5101 Come-to-rest requirement; exceptions; penalties.—
   67         (1) For purposes of inspection and tax-revenue control, all
   68  malt beverages, except those manufactured and sold by the same
   69  licensee, pursuant to s. 561.221(2) or (3), must come to rest at
   70  the licensed premises of an alcoholic beverage wholesaler in
   71  this state before being sold to a vendor by the wholesaler. The
   72  prohibition contained in this subsection does not apply to the
   73  shipment of malt beverages commonly known as private labels. The
   74  prohibition contained in this subsection shall not prevent a
   75  manufacturer from shipping malt beverages for storage at a
   76  bonded warehouse facility, provided that such malt beverages are
   77  distributed as provided in this subsection or to an out-of-state
   78  entity. The prohibition contained in this subsection does not
   79  apply to a manufacturer delivering alcoholic beverages to a
   80  licensed vendor as provided in s. 561.221(2)(f).
   81         Section 3. Subsection (2) of section 561.57, Florida
   82  Statutes, is amended to read:
   83         561.57 Deliveries by licensees.—
   84         (2) Deliveries made by a manufacturer, distributor, or
   85  vendor away from his or her place of business may be made only
   86  in vehicles that which are owned or leased by the licensee.
   87  However, a manufacturer authorized to make deliveries under s.
   88  561.221(2)(f) to the licensed premises of a vendor may transport
   89  malt beverages if the vehicle used to transport the alcoholic
   90  beverages is owned or leased by the manufacturer or any person
   91  who has been disclosed on a license application filed by the
   92  manufacturer and approved by the division. By acceptance of an
   93  alcoholic beverage license and the use of such vehicles, the
   94  licensee agrees that such vehicle shall always be subject to be
   95  inspected and searched without a search warrant, for the purpose
   96  of ascertaining that all provisions of the alcoholic beverage
   97  laws are complied with, by authorized employees of the division
   98  and also by sheriffs, deputy sheriffs, and police officers
   99  during business hours or other times the vehicle is being used
  100  to transport or deliver alcoholic beverages.
  101         Section 4. Paragraph (d) of subsection (14) of section
  102  563.022, Florida Statutes, is amended to read:
  103         563.022 Relations between beer distributors and
  104  manufacturers.—
  106         (d) Nothing in the Beverage Law shall be construed to
  107  prohibit a manufacturer from shipping products to or between its
  108  breweries, or between its breweries and the licensed premises of
  109  a vendor as provided in s. 561.221(2)(f), without a
  110  distributor’s license.
  111         Section 5. This act shall take effect July 1, 2017.