Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS for HB 669
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
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
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 w ith 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.
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
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.