Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for HB 961
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             03/07/2018 11:03 AM       .                                

       Senator Brandes moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 117 and 118
    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 Section 564.05, Florida Statutes, is repealed.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. Paragraphs(a) and (b) of subsection (1) and
   64  paragraph (c) of subsection (2) of section 565.03, Florida
   65  Statutes, are amended to read:
   66         565.03 License fees; manufacturers, distributors, brokers,
   67  sales agents, and importers of alcoholic beverages; vendor
   68  licenses and fees; distilleries and craft distilleries.—
   69         (1) As used in this section, the term:
   70         (a) “Branded product” means any distilled spirits product
   71  manufactured on site, or manufactured on site and blended on
   72  site with other distilled spirits, which requires a federal
   73  certificate and label approval by the Federal Alcohol
   74  Administration Act or federal regulations.
   75         (b) “Craft distillery” means a licensed distillery that
   76  produces 250,000 75,000 or fewer gallons per calendar year of
   77  distilled spirits on its premises and is designated as a craft
   78  distillery by has notified the division upon notification in
   79  writing of its decision to qualify as a craft distillery.
   80         (2)
   81         (c) A craft distillery licensed under this section may sell
   82  to consumers, at its souvenir gift shop, up to 75,000 gallons
   83  per calendar year of branded products distilled on its premises
   84  in this state in factory-sealed containers that are filled at
   85  the distillery for off-premises consumption. Such sales are
   86  authorized only on private property contiguous to the licensed
   87  distillery premises in this state and included on the sketch or
   88  diagram defining the licensed premises submitted with the
   89  distillery’s license application. All sketch or diagram
   90  revisions by the distillery shall require the division’s
   91  approval verifying that the souvenir gift shop location operated
   92  by the licensed distillery is owned or leased by the distillery
   93  and on property contiguous to the distillery’s production
   94  building in this state.
   95         1. A craft distillery may not sell any factory-sealed
   96  individual containers of spirits except in face-to-face sales
   97  transactions with consumers who are making a purchase of no more
   98  than six individual containers of each branded product.
   99         2. Each container sold in face-to-face transactions with
  100  consumers must comply with the container limits in s. 565.10,
  101  per calendar year for the consumer’s personal use and not for
  102  resale and who are present at the distillery’s licensed premises
  103  in this state.
  104         3. A craft distillery must report to the division within 5
  105  days after it reaches the production limitations provided in
  106  paragraph (1)(b). Any retail sales to consumers at the craft
  107  distillery’s licensed premises are prohibited beginning the day
  108  after it reaches the production limitation.
  109         4. A craft distillery may not ship or arrange to ship any
  110  of its distilled spirits to consumers and may sell and deliver
  111  only to consumers within the state in a face-to-face transaction
  112  at the distillery property. However, a craft distiller licensed
  113  under this section may ship, arrange to ship, or deliver such
  114  spirits to manufacturers of distilled spirits, wholesale
  115  distributors of distilled spirits, state or federal bonded
  116  warehouses, and exporters.
  117         5. Except as provided in subparagraph 6., it is unlawful to
  118  transfer a distillery license for a distillery that produces
  119  250,000 75,000 or fewer gallons per calendar year of distilled
  120  spirits on its premises or any ownership interest in such
  121  license to an individual or entity that has a direct or indirect
  122  ownership interest in any distillery licensed in this state;
  123  another state, territory, or country; or by the United States
  124  government to manufacture, blend, or rectify distilled spirits
  125  for beverage purposes.
  126         6. A craft distillery shall not have its ownership
  127  affiliated with another distillery, unless such distillery
  128  produces 250,000 75,000 or fewer gallons per calendar year of
  129  distilled spirits on each of its premises in this state or in
  130  another state, territory, or country.
  131         7. A craft distillery may transfer up to 75,000 gallons per
  132  calendar year of distilled spirits it manufactures from its
  133  federal bonded space, nonbonded space at its licensed premises,
  134  or storage areas to its souvenir gift shop.
  136  ================= T I T L E  A M E N D M E N T ================
  137  And the title is amended as follows:
  138         Delete line 13
  139  and insert:
  140         terms “case” and “glassware”; repealing s. 564.05,
  141         F.S., relating to limitations on the size of
  142         individual wine containers; amending s. 564.055, F.S.;
  143         authorizing the packaging, filling, refilling, or sale
  144         of cider in growlers of specified sizes and under
  145         specified circumstances; providing labeling and
  146         packaging requirements for cider growlers; restricting
  147         the use of cider growlers; providing criminal and
  148         civil penalties and license revocation or suspension
  149         for certain persons or licensees who violate
  150         provisions regulating cider growlers; amending s.
  151         564.09, F.S.; revising provisions authorizing a
  152         restaurant to allow a patron to remove bottles of wine
  153         from a restaurant for off-premises consumption;
  154         amending s. 565.03, F.S.; redefining the terms
  155         “branded product” and “craft distillery”; providing
  156         limitations on retail sales by a craft distillery to
  157         consumers; deleting a provision that prohibits a craft
  158         distillery from selling more than six individual
  159         containers of a branded product to a consumer;
  160         providing that it is unlawful to transfer a distillery
  161         license, or ownership in a distillery license, for
  162         certain distilleries to certain individuals or
  163         entities; prohibiting a craft distillery from having
  164         its ownership affiliated with certain other
  165         distilleries; authorizing a craft distillery to
  166         transfer distilled spirits from certain locations to
  167         its souvenir gift shop; providing an effective