Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for HB 669
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .           Floor: CA            
             03/09/2018 02:41 PM       .      03/09/2018 10:01 PM       

       Senator Brandes moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 564.055, Florida Statutes, is amended to
    6  read:
    7         564.055 Cider containers and growlers.—Notwithstanding any
    8  other law to the contrary:,
    9         (1) Cider, as defined in s. 564.06(4), may be sold by
   10  vendors at retail in any size individual container containing no
   11  more than 32 ounces of cider.
   12         (2)Cider may also be packaged, filled, refilled, or sold
   13  in a growler that holds 32, 64, or 128 ounces of such cider if
   14  it is filled at the point of sale.
   15         (a)Cider packaged in a growler may be filled or refilled
   16  by a licensed manufacturer of wine holding a vendor’s license
   17  under s. 561.221(1)(a) or any person authorized to fill or
   18  refill a malt beverage growler pursuant to s. 563.06(7)(a)1.-3.
   19         (b)A growler must include an imprint or label that
   20  provides information specifying the name of the manufacturer,
   21  the brand, and the anticipated percentage of alcohol by volume
   22  of the cider. The package must have an unbroken seal or be
   23  incapable of being immediately consumed.
   24         (c)A licensee authorized to fill or refill growlers may
   25  not use growlers for the purposes of distribution or sale
   26  outside of the licensed manufacturing premises or licensed
   27  vendor premises.
   28         (d)A person, firm, or corporation, including its agents,
   29  officers, or employees, that violates this subsection commits a
   30  misdemeanor of the first degree, punishable as provided in s.
   31  775.082 or s. 775.083, and the license held by the person, firm,
   32  or corporation, if any, is subject to revocation or suspension
   33  by the division. A person, firm, or corporation, including its
   34  agents, officers, or employees, that violates paragraph (b) may
   35  be subject to a fine by the division of up to $250.
   36         (3); however, This section does not prohibit cider from
   37  being packaged and sold in bulk, in kegs or barrels, or in any
   38  individual container that contains 1 gallon or more of cider,
   39  regardless of container type.
   40         Section 2. Section 564.09, Florida Statutes, is amended to
   41  read:
   42         564.09 Restaurants; off-premises consumption of wine.
   43  Notwithstanding any other provision of law, a restaurant
   44  licensed to sell wine on the premises may permit a patron to
   45  remove one unsealed bottle of wine for consumption off the
   46  premises if the patron has purchased a full course meal
   47  consisting of a salad or vegetable, entree, a beverage, and
   48  bread and consumed a portion of the bottle of wine with such
   49  meal on the restaurant premises. A partially consumed bottle of
   50  wine that is to be removed from the premises must be securely
   51  resealed by the licensee or its employees before removal from
   52  the premises. The partially consumed bottle of wine shall be
   53  placed in a bag or other container that is secured in such a
   54  manner that it is visibly apparent if the container has been
   55  subsequently opened or tampered with, and a dated receipt for
   56  the bottle of wine and full course meal shall be provided by the
   57  licensee and attached to the container. If transported in a
   58  motor vehicle, the container with the resealed bottle of wine
   59  must be placed in a locked glove compartment, a locked trunk, or
   60  the area behind the last upright seat of a motor vehicle that is
   61  not equipped with a trunk.
   62         Section 3. Paragraph (b) of subsection (1) and paragraph
   63  (c) of subsection (2) of section 565.03, Florida Statutes, are
   64  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         (1) As used in this section, the term:
   69         (b) “Craft distillery” means a licensed distillery that has
   70  notified the division in writing of its decision to qualify as a
   71  craft distillery and that:
   72         1. Produces 250,000 75,000 or fewer gallons per calendar
   73  year of distilled spirits on its premises; and
   74         2. Sells up to 50,000 gallons per calendar year of
   75  distilled spirits to consumers at its souvenir gift shop in
   76  accordance with this section Has notified the division in
   77  writing of its decision to qualify as a craft distillery.
   78         (2)
   79         (c) A craft distillery licensed under this section may sell
   80  to consumers, at its souvenir gift shop, up to 50,000 gallons
   81  per calendar year of branded products distilled on its premises
   82  in this state in factory-sealed containers that are filled at
   83  the distillery for off-premises consumption. Such sales are
   84  authorized only on private property contiguous to the licensed
   85  distillery premises in this state and included on the sketch or
   86  diagram defining the licensed premises submitted with the
   87  distillery’s license application. All sketch or diagram
   88  revisions by the distillery shall require the division’s
   89  approval verifying that the souvenir gift shop location operated
   90  by the licensed distillery is owned or leased by the distillery
   91  and on property contiguous to the distillery’s production
   92  building in this state.
   93         1. A craft distillery may not sell any factory-sealed
   94  individual containers of spirits except in face-to-face sales
   95  transactions with consumers who are making a purchase of no more
   96  than six individual containers of each branded product.
   97         2. Each container sold in face-to-face transactions with
   98  consumers must comply with the container limits in s. 565.10,
   99  per calendar year for the consumer’s personal use and not for
  100  resale and who are present at the distillery’s licensed premises
  101  in this state.
  102         3. A craft distillery must report to the division within 5
  103  days after it reaches the production limitations provided in
  104  paragraph (1)(b). Any retail sales to consumers at the craft
  105  distillery’s licensed premises are prohibited beginning the day
  106  after it reaches the production limitation.
  107         4. A craft distillery may not ship or arrange to ship any
  108  of its distilled spirits to consumers and may sell and deliver
  109  only to consumers within the state in a face-to-face transaction
  110  at the distillery property. However, a craft distiller licensed
  111  under this section may ship, arrange to ship, or deliver such
  112  spirits to manufacturers of distilled spirits, wholesale
  113  distributors of distilled spirits, state or federal bonded
  114  warehouses, and exporters.
  115         5. Except as provided in subparagraph 6., it is unlawful to
  116  transfer a distillery license for a craft distillery that
  117  produces 75,000 or fewer gallons per calendar year of distilled
  118  spirits on its premises or any direct or indirect ownership
  119  interest in such license to an individual or entity that has a
  120  direct or indirect ownership interest in any distillery licensed
  121  in this state; in another state, territory, or country; or by
  122  the United States government to manufacture, blend, or rectify
  123  distilled spirits for beverage purposes.
  124         6. A craft distillery may shall not have its ownership
  125  interest directly or indirectly affiliated with any individual
  126  or entity that has a direct or indirect ownership interest in
  127  any distillery licensed in this state; in another state,
  128  territory, or country; or by the United States government to
  129  manufacture, blend, or rectify distilled spirits for beverage
  130  purposes, unless such distillery is a craft distillery another
  131  distillery, unless such distillery produces 75,000 or fewer
  132  gallons per calendar year of distilled spirits on each of its
  133  premises in this state or in another state, territory, or
  134  country.
  135         7. A craft distillery may transfer up to 50,000 gallons per
  136  calendar year of distilled spirits it manufactures from its
  137  federal bonded space, a nonbonded space, its licensed premises,
  138  or its storage areas to its souvenir gift shop.
  139         Section 4. This act shall take effect upon becoming a law.
  141  ================= T I T L E  A M E N D M E N T ================
  142  And the title is amended as follows:
  143         Delete everything before the enacting clause
  144  and insert:
  145                        A bill to be entitled                      
  146         An act relating to the Beverage Law; amending s.
  147         564.055, F.S.; authorizing the packaging, filling,
  148         refilling, or sale of cider in growlers of specified
  149         sizes and under specified circumstances; providing
  150         labeling and packaging requirements for cider
  151         growlers; restricting the use of cider growlers;
  152         providing criminal and civil penalties and license
  153         revocation or suspension for certain persons or
  154         licensees who violate provisions regulating cider
  155         growlers; amending s. 564.09, F.S.; revising
  156         provisions authorizing a restaurant to allow a patron
  157         to remove bottles of wine from a restaurant for off
  158         premises consumption; amending s. 565.03, F.S.;
  159         redefining the term “craft distillery”; providing
  160         limitations on retail sales by a craft distillery to
  161         consumers; deleting a provision that prohibits a craft
  162         distillery from selling more than six individual
  163         containers of a branded product to a consumer;
  164         providing that it is unlawful to transfer a distillery
  165         license, or ownership in a distillery license, for
  166         certain distilleries to certain individuals or
  167         entities; prohibiting a craft distillery from having
  168         its ownership affiliated with certain other
  169         distilleries; authorizing a craft distillery to
  170         transfer up to a certain amount of distilled spirits
  171         from certain locations to its souvenir gift shop;
  172         providing an effective date.