Florida Senate - 2018                CS for CS for CS for SB 296
       By the Committees on Regulated Industries; Commerce and Tourism;
       and Regulated Industries; and Senator Brandes
       580-02409B-18                                          2018296c3
    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 terms “branded product” and
   11         “craft distillery”; providing limitations on retail
   12         sales by a craft distillery to consumers; deleting a
   13         provision that prohibits a craft distillery from
   14         selling more than six individual containers of a
   15         branded product to a consumer; providing that it is
   16         unlawful to transfer a distillery license, or
   17         ownership in a distillery license, for certain
   18         distilleries to certain individuals or entities;
   19         prohibiting a craft distillery from having its
   20         ownership affiliated with certain other distilleries;
   21         authorizing a craft distillery to transfer distilled
   22         spirits from certain locations to its souvenir gift
   23         shop; providing an effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Section 564.05, Florida Statutes, is repealed.
   28         Section 2. Section 564.055, Florida Statutes, is repealed.
   29         Section 3. Section 564.09, Florida Statutes, is amended to
   30  read:
   31         564.09 Restaurants; off-premises consumption of wine.
   32  Notwithstanding any other provision of law, a restaurant
   33  licensed to sell wine on the premises may permit a patron to
   34  remove one unsealed bottle of wine for consumption off the
   35  premises if the patron has purchased a full course meal
   36  consisting of a salad or vegetable, entree, a beverage, and
   37  bread and consumed a portion of the bottle of wine with such
   38  meal on the restaurant premises. A partially consumed bottle of
   39  wine that is to be removed from the premises must be securely
   40  resealed by the licensee or its employees before removal from
   41  the premises. The partially consumed bottle of wine shall be
   42  placed in a bag or other container that is secured in such a
   43  manner that it is visibly apparent if the container has been
   44  subsequently opened or tampered with, and a dated receipt for
   45  the bottle of wine and full course meal shall be provided by the
   46  licensee and attached to the container. If transported in a
   47  motor vehicle, the container with the resealed bottle of wine
   48  must be placed in a locked glove compartment, a locked trunk, or
   49  the area behind the last upright seat of a motor vehicle that is
   50  not equipped with a trunk.
   51         Section 4. Paragraphs(a) and (b) of subsection (1) and
   52  paragraph (c) of subsection (2) of section 565.03, Florida
   53  Statutes, are amended to read:
   54         565.03 License fees; manufacturers, distributors, brokers,
   55  sales agents, and importers of alcoholic beverages; vendor
   56  licenses and fees; distilleries and craft distilleries.—
   57         (1) As used in this section, the term:
   58         (a) “Branded product” means any distilled spirits product
   59  manufactured on site, or manufactured on site and blended on
   60  site with other distilled spirits, which requires a federal
   61  certificate and label approval by the Federal Alcohol
   62  Administration Act or federal regulations.
   63         (b) “Craft distillery” means a licensed distillery that
   64  produces 250,000 75,000 or fewer gallons per calendar year of
   65  distilled spirits on its premises and is designated as a craft
   66  distillery by has notified the division upon notification in
   67  writing of its decision to qualify as a craft distillery.
   68         (2)
   69         (c) A craft distillery licensed under this section may sell
   70  to consumers, at its souvenir gift shop, up to 75,000 gallons
   71  per calendar year of branded products distilled on its premises
   72  in this state in factory-sealed containers that are filled at
   73  the distillery for off-premises consumption. Such sales are
   74  authorized only on private property contiguous to the licensed
   75  distillery premises in this state and included on the sketch or
   76  diagram defining the licensed premises submitted with the
   77  distillery’s license application. All sketch or diagram
   78  revisions by the distillery shall require the division’s
   79  approval verifying that the souvenir gift shop location operated
   80  by the licensed distillery is owned or leased by the distillery
   81  and on property contiguous to the distillery’s production
   82  building in this state.
   83         1. A craft distillery may not sell any factory-sealed
   84  individual containers of spirits except in face-to-face sales
   85  transactions with consumers who are making a purchase of no more
   86  than six individual containers of each branded product.
   87         2. Each container sold in face-to-face transactions with
   88  consumers must comply with the container limits in s. 565.10,
   89  per calendar year for the consumer’s personal use and not for
   90  resale and who are present at the distillery’s licensed premises
   91  in this state.
   92         3. A craft distillery must report to the division within 5
   93  days after it reaches the production limitations provided in
   94  paragraph (1)(b). Any retail sales to consumers at the craft
   95  distillery’s licensed premises are prohibited beginning the day
   96  after it reaches the production limitation.
   97         4. A craft distillery may not ship or arrange to ship any
   98  of its distilled spirits to consumers and may sell and deliver
   99  only to consumers within the state in a face-to-face transaction
  100  at the distillery property. However, a craft distiller licensed
  101  under this section may ship, arrange to ship, or deliver such
  102  spirits to manufacturers of distilled spirits, wholesale
  103  distributors of distilled spirits, state or federal bonded
  104  warehouses, and exporters.
  105         5. Except as provided in subparagraph 6., it is unlawful to
  106  transfer a distillery license for a distillery that produces
  107  250,000 75,000 or fewer gallons per calendar year of distilled
  108  spirits on its premises or any ownership interest in such
  109  license to an individual or entity that has a direct or indirect
  110  ownership interest in any distillery licensed in this state;
  111  another state, territory, or country; or by the United States
  112  government to manufacture, blend, or rectify distilled spirits
  113  for beverage purposes.
  114         6. A craft distillery shall not have its ownership
  115  affiliated with another distillery, unless such distillery
  116  produces 250,000 75,000 or fewer gallons per calendar year of
  117  distilled spirits on each of its premises in this state or in
  118  another state, territory, or country.
  119         7. A craft distillery may transfer up to 75,000 gallons per
  120  calendar year of distilled spirits it manufactures from its
  121  federal bonded space, nonbonded space at its licensed premises,
  122  or storage areas to its souvenir gift shop.
  123         Section 5. This act shall take effect July 1, 2018.