Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for HB 667
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/3R          .                                
             03/08/2018 02:45 PM       .                                

       Senator Brandes moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 56 and 57
    4  insert:
    5         Section 2. Section 564.05, Florida Statutes, is repealed.
    6         Section 3. Section 564.055, Florida Statutes, is amended to
    7  read:
    8         564.055 Cider containers and growlers.—Notwithstanding any
    9  other law to the contrary:,
   10         (1) Cider, as defined in s. 564.06(4), may be sold by
   11  vendors at retail in any size individual container containing no
   12  more than 32 ounces of cider.
   13         (2)Cider may also be packaged, filled, refilled, or sold
   14  in a growler that holds 32, 64, or 128 ounces of such cider if
   15  it is filled at the point of sale.
   16         (a)Cider packaged in a growler may be filled or refilled
   17  by a licensed manufacturer of wine holding a vendor’s license
   18  under s. 561.221(1)(a) or any person authorized to fill or
   19  refill a malt beverage growler pursuant to s. 563.06(7)(a)1.-3.
   20         (b)A growler must include an imprint or label that
   21  provides information specifying the name of the manufacturer,
   22  the brand, and the anticipated percentage of alcohol by volume
   23  of the cider. The package must have an unbroken seal or be
   24  incapable of being immediately consumed.
   25         (c)A licensee authorized to fill or refill growlers may
   26  not use growlers for the purposes of distribution or sale
   27  outside of the licensed manufacturing premises or licensed
   28  vendor premises.
   29         (d)A person, firm, or corporation, including its agents,
   30  officers, or employees, that violates this subsection commits a
   31  misdemeanor of the first degree, punishable as provided in s.
   32  775.082 or s. 775.083, and the license held by the person, firm,
   33  or corporation, if any, is subject to revocation or suspension
   34  by the division. A person, firm, or corporation, including its
   35  agents, officers, or employees, that violates paragraph (b) may
   36  be subject to a fine by the division of up to $250.
   37         (3); however, This section does not prohibit cider from
   38  being packaged and sold in bulk, in kegs or barrels, or in any
   39  individual container that contains 1 gallon or more of cider,
   40  regardless of container type.
   41         Section 4. Section 564.09, Florida Statutes, is amended to
   42  read:
   43         564.09 Restaurants; off-premises consumption of wine.
   44  Notwithstanding any other provision of law, a restaurant
   45  licensed to sell wine on the premises may permit a patron to
   46  remove one unsealed bottle of wine for consumption off the
   47  premises if the patron has purchased a full course meal
   48  consisting of a salad or vegetable, entree, a beverage, and
   49  bread and consumed a portion of the bottle of wine with such
   50  meal on the restaurant premises. A partially consumed bottle of
   51  wine that is to be removed from the premises must be securely
   52  resealed by the licensee or its employees before removal from
   53  the premises. The partially consumed bottle of wine shall be
   54  placed in a bag or other container that is secured in such a
   55  manner that it is visibly apparent if the container has been
   56  subsequently opened or tampered with, and a dated receipt for
   57  the bottle of wine and full course meal shall be provided by the
   58  licensee and attached to the container. If transported in a
   59  motor vehicle, the container with the resealed bottle of wine
   60  must be placed in a locked glove compartment, a locked trunk, or
   61  the area behind the last upright seat of a motor vehicle that is
   62  not equipped with a trunk.
   63         Section 5. Paragraph (c) of subsection (2) of section
   64  565.03, Florida Statutes, are amended to read:
   65         565.03 License fees; manufacturers, distributors, brokers,
   66  sales agents, and importers of alcoholic beverages; vendor
   67  licenses and fees; distilleries and craft distilleries.—
   68         (2)
   69         (c) A craft distillery licensed under this section may sell
   70  to consumers, at its souvenir gift shop, branded products
   71  distilled on its premises in this state in factory-sealed
   72  containers that are filled at the distillery for off-premises
   73  consumption. Such sales are authorized only on private property
   74  contiguous to the licensed distillery premises in this state and
   75  included on the sketch or diagram defining the licensed premises
   76  submitted with the distillery’s license application. All sketch
   77  or diagram revisions by the distillery shall require the
   78  division’s approval verifying that the souvenir gift shop
   79  location operated by the licensed distillery is owned or leased
   80  by the distillery and on property contiguous to the distillery’s
   81  production building in this state.
   82         1. A craft distillery may not sell any factory-sealed
   83  individual containers of spirits except in face-to-face sales
   84  transactions with consumers who are making a purchase of no more
   85  than six individual containers of each branded product.
   86         2. Each container sold in face-to-face transactions with
   87  consumers must comply with the container limits in s. 565.10,
   88  per calendar year for the consumer’s personal use and not for
   89  resale and who are present at the distillery’s licensed premises
   90  in this state.
   91         3. A craft distillery must report to the division within 5
   92  days after it reaches the production limitations provided in
   93  paragraph (1)(b). Any retail sales to consumers at the craft
   94  distillery’s licensed premises are prohibited beginning the day
   95  after it reaches the production limitation.
   96         4. A craft distillery may not ship or arrange to ship any
   97  of its distilled spirits to consumers and may sell and deliver
   98  only to consumers within the state in a face-to-face transaction
   99  at the distillery property. However, a craft distiller licensed
  100  under this section may ship, arrange to ship, or deliver such
  101  spirits to manufacturers of distilled spirits, wholesale
  102  distributors of distilled spirits, state or federal bonded
  103  warehouses, and exporters.
  104         5. Except as provided in subparagraph 6., it is unlawful to
  105  transfer a distillery license for a distillery that produces
  106  75,000 or fewer gallons per calendar year of distilled spirits
  107  on its premises or any ownership interest in such license to an
  108  individual or entity that has a direct or indirect ownership
  109  interest in any distillery licensed in this state; another
  110  state, territory, or country; or by the United States government
  111  to manufacture, blend, or rectify distilled spirits for beverage
  112  purposes.
  113         6. A craft distillery shall not have its ownership
  114  affiliated with another distillery, unless such distillery
  115  produces 75,000 or fewer gallons per calendar year of distilled
  116  spirits on each of its premises in this state or in another
  117  state, territory, or country.
  119  ================= T I T L E  A M E N D M E N T ================
  120  And the title is amended as follows:
  121         Delete line 12
  122  and insert:
  123         alcoholic beverages; repealing s. 564.05, F.S.,
  124         relating to limitations on the size of individual wine
  125         containers; amending s. 564.055, F.S.; authorizing the
  126         packaging, filling, refilling, or sale of cider in
  127         growlers of specified sizes and under specified
  128         circumstances; providing labeling and packaging
  129         requirements for cider growlers; restricting the use
  130         of cider growlers; providing criminal and civil
  131         penalties and license revocation or suspension for
  132         certain persons or licensees who violate provisions
  133         regulating cider growlers; amending s. 564.09, F.S.;
  134         revising provisions authorizing a restaurant to allow
  135         a patron to remove bottles of wine from a restaurant
  136         for off-premises consumption; amending s. 565.03,
  137         F.S.; deleting a provision that prohibits a craft
  138         distillery from selling more than six individual
  139         containers of a branded product to a consumer;
  140         providing an effective date.