Florida Senate - 2018                       CS for CS for SB 296
       By the Committees on Commerce and Tourism; and Regulated
       Industries; and Senator Brandes
       577-01940-18                                           2018296c2
    1                        A bill to be entitled                      
    2         An act relating to the Beverage Law; repealing s.
    3         564.05, F.S., relating to limitations on the size of
    4         individual wine containers; repealing s. 564.055,
    5         F.S., relating to limitations on the size of
    6         individual cider containers; amending s. 564.09, F.S.;
    7         revising provisions authorizing a restaurant to allow
    8         a patron to remove bottles of wine from a restaurant
    9         for off-premises consumption; amending s. 565.03,
   10         F.S.; redefining the term “craft distillery”;
   11         providing limitations on retail sales by a craft
   12         distillery to consumers; providing that it is unlawful
   13         to transfer a distillery license, or ownership in a
   14         distillery license, for certain distilleries to
   15         certain individuals or entities; prohibiting a craft
   16         distillery from having its ownership affiliated with
   17         certain other distilleries; authorizing a craft
   18         distillery to transfer distilled spirits from certain
   19         locations to its souvenir gift shop; providing an
   20         effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Section 564.05, Florida Statutes, is repealed.
   25         Section 2. Section 564.055, Florida Statutes, is repealed.
   26         Section 3. Section 564.09, Florida Statutes, is amended to
   27  read:
   28         564.09 Restaurants; off-premises consumption of wine.
   29  Notwithstanding any other provision of law, a restaurant
   30  licensed to sell wine on the premises may permit a patron to
   31  remove one unsealed bottle of wine for consumption off the
   32  premises if the patron has purchased a full course meal
   33  consisting of a salad or vegetable, entree, a beverage, and
   34  bread and consumed a portion of the bottle of wine with such
   35  meal on the restaurant premises. A partially consumed bottle of
   36  wine that is to be removed from the premises must be securely
   37  resealed by the licensee or its employees before removal from
   38  the premises. The partially consumed bottle of wine shall be
   39  placed in a bag or other container that is secured in such a
   40  manner that it is visibly apparent if the container has been
   41  subsequently opened or tampered with, and a dated receipt for
   42  the bottle of wine and full course meal shall be provided by the
   43  licensee and attached to the container. If transported in a
   44  motor vehicle, the container with the resealed bottle of wine
   45  must be placed in a locked glove compartment, a locked trunk, or
   46  the area behind the last upright seat of a motor vehicle that is
   47  not equipped with a trunk.
   48         Section 4. Paragraph (b) of subsection (1) and paragraph
   49  (c) of subsection (2) of section 565.03, Florida Statutes, are
   50  amended to read:
   51         565.03 License fees; manufacturers, distributors, brokers,
   52  sales agents, and importers of alcoholic beverages; vendor
   53  licenses and fees; distilleries and craft distilleries.—
   54         (1) As used in this section, the term:
   55         (b) “Craft distillery” means a licensed distillery that
   56  produces 250,000 75,000 or fewer gallons per calendar year of
   57  distilled spirits on its premises and is designated as a craft
   58  distillery by has notified the division upon notification in
   59  writing of its decision to qualify as a craft distillery.
   60         (2)
   61         (c) A craft distillery licensed under this section may sell
   62  to consumers, at its souvenir gift shop, up to 75,000 gallons
   63  per calendar year of branded products distilled on its premises
   64  in this state in factory-sealed containers that are filled at
   65  the distillery for off-premises consumption. Such sales are
   66  authorized only on private property contiguous to the licensed
   67  distillery premises in this state and included on the sketch or
   68  diagram defining the licensed premises submitted with the
   69  distillery’s license application. All sketch or diagram
   70  revisions by the distillery shall require the division’s
   71  approval verifying that the souvenir gift shop location operated
   72  by the licensed distillery is owned or leased by the distillery
   73  and on property contiguous to the distillery’s production
   74  building in this state.
   75         1. A craft distillery may not sell any factory-sealed
   76  individual containers of spirits except in face-to-face sales
   77  transactions with consumers who are making a purchase of no more
   78  than six individual containers of each branded product.
   79         2. Each container sold in face-to-face transactions with
   80  consumers must comply with the container limits in s. 565.10,
   81  per calendar year for the consumer’s personal use and not for
   82  resale and who are present at the distillery’s licensed premises
   83  in this state.
   84         3. A craft distillery must report to the division within 5
   85  days after it reaches the production limitations provided in
   86  paragraph (1)(b). Any retail sales to consumers at the craft
   87  distillery’s licensed premises are prohibited beginning the day
   88  after it reaches the production limitation.
   89         4. A craft distillery may not ship or arrange to ship any
   90  of its distilled spirits to consumers and may sell and deliver
   91  only to consumers within the state in a face-to-face transaction
   92  at the distillery property. However, a craft distiller licensed
   93  under this section may ship, arrange to ship, or deliver such
   94  spirits to manufacturers of distilled spirits, wholesale
   95  distributors of distilled spirits, state or federal bonded
   96  warehouses, and exporters.
   97         5. Except as provided in subparagraph 6., it is unlawful to
   98  transfer a distillery license for a distillery that produces
   99  250,000 75,000 or fewer gallons per calendar year of distilled
  100  spirits on its premises or any ownership interest in such
  101  license to an individual or entity that has a direct or indirect
  102  ownership interest in any distillery licensed in this state;
  103  another state, territory, or country; or by the United States
  104  government to manufacture, blend, or rectify distilled spirits
  105  for beverage purposes.
  106         6. A craft distillery shall not have its ownership
  107  affiliated with another distillery, unless such distillery
  108  produces 250,000 75,000 or fewer gallons per calendar year of
  109  distilled spirits on each of its premises in this state or in
  110  another state, territory, or country.
  111         7. A craft distillery may transfer up to 75,000 gallons per
  112  calendar year of distilled spirits it manufactures from its
  113  federal bonded space, nonbonded space at its licensed premises,
  114  or storage areas to its souvenir gift shop.
  115         Section 5. This act shall take effect July 1, 2018.