Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 296
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/09/2018           .                                

       The Committee on Commerce and Tourism (Hutson) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete line 38
    4  and insert:
    5         Section 4. Paragraph (b) of subsection (1) and paragraph
    6  (c) of subsection (2) of section 565.03, Florida Statutes, are
    7  amended to read:
    8         565.03 License fees; manufacturers, distributors, brokers,
    9  sales agents, and importers of alcoholic beverages; vendor
   10  licenses and fees; distilleries and craft distilleries.—
   11         (1) As used in this section, the term:
   12         (b) “Craft distillery” means a licensed distillery that
   13  produces 250,000 75,000 or fewer gallons per calendar year of
   14  distilled spirits on its premises and is designated as a craft
   15  distillery by has notified the division upon notification in
   16  writing of its decision to qualify as a craft distillery.
   17         (2)
   18         (c) A craft distillery licensed under this section may sell
   19  to consumers, at its souvenir gift shop, up to 75,000 gallons
   20  per calendar year of branded products distilled on its premises
   21  in this state in factory-sealed containers that are filled at
   22  the distillery for off-premises consumption. Such sales are
   23  authorized only on private property contiguous to the licensed
   24  distillery premises in this state and included on the sketch or
   25  diagram defining the licensed premises submitted with the
   26  distillery’s license application. All sketch or diagram
   27  revisions by the distillery shall require the division’s
   28  approval verifying that the souvenir gift shop location operated
   29  by the licensed distillery is owned or leased by the distillery
   30  and on property contiguous to the distillery’s production
   31  building in this state.
   32         1. A craft distillery may not sell any factory-sealed
   33  individual containers of spirits except in face-to-face sales
   34  transactions with consumers who are making a purchase of no more
   35  than six individual containers of each branded product.
   36         2. Each container sold in face-to-face transactions with
   37  consumers must comply with the container limits in s. 565.10,
   38  per calendar year for the consumer’s personal use and not for
   39  resale and who are present at the distillery’s licensed premises
   40  in this state.
   41         3. A craft distillery must report to the division within 5
   42  days after it reaches the production limitations provided in
   43  paragraph (1)(b). Any retail sales to consumers at the craft
   44  distillery’s licensed premises are prohibited beginning the day
   45  after it reaches the production limitation.
   46         4. A craft distillery may not ship or arrange to ship any
   47  of its distilled spirits to consumers and may sell and deliver
   48  only to consumers within the state in a face-to-face transaction
   49  at the distillery property. However, a craft distiller licensed
   50  under this section may ship, arrange to ship, or deliver such
   51  spirits to manufacturers of distilled spirits, wholesale
   52  distributors of distilled spirits, state or federal bonded
   53  warehouses, and exporters.
   54         5. Except as provided in subparagraph 6., it is unlawful to
   55  transfer a distillery license for a distillery that produces
   56  250,000 75,000 or fewer gallons per calendar year of distilled
   57  spirits on its premises or any ownership interest in such
   58  license to an individual or entity that has a direct or indirect
   59  ownership interest in any distillery licensed in this state;
   60  another state, territory, or country; or by the United States
   61  government to manufacture, blend, or rectify distilled spirits
   62  for beverage purposes.
   63         6. A craft distillery shall not have its ownership
   64  affiliated with another distillery, unless such distillery
   65  produces 250,000 75,000 or fewer gallons per calendar year of
   66  distilled spirits on each of its premises in this state or in
   67  another state, territory, or country.
   68         7. A craft distillery may transfer up to 75,000 gallons per
   69  calendar year of distilled spirits it manufactures from its
   70  federal bonded space, nonbonded space at its licensed premises,
   71  or storage areas to its souvenir gift shop.
   72         Section 5. This act shall take effect July 1, 2018.
   74  ================= T I T L E  A M E N D M E N T ================
   75  And the title is amended as follows:
   76         Delete line 9
   77  and insert:
   78         for off-premises consumption; amending s. 565.03,
   79         F.S.; redefining the term “craft distillery”;
   80         providing limitations on retail sales by a craft
   81         distillery to consumers; providing that it is unlawful
   82         to transfer a distillery license, or ownership in a
   83         distillery license, for certain distilleries to
   84         certain individuals or entities; prohibiting a craft
   85         distillery from having its ownership affiliated with
   86         certain other distilleries; authorizing a craft
   87         distillery to transfer distilled spirits from certain
   88         locations to its souvenir gift shop; providing an
   89         effective