Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 220
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Commerce and Tourism (Brandes) recommended the
    1         Senate Amendment (with directory and title amendments)
    3         Delete lines 70 - 123
    4  and insert:
    5         (b) A licensed distillery or craft distillery may Persons
    6  licensed under this section who are in the business of
    7  distilling spirituous liquors may also engage in the business of
    8  rectifying and blending spirituous liquors without the payment
    9  of an additional license tax.
   10         (c) A craft distillery licensed under this section which is
   11  not licensed as a vendor under s. 561.221 may sell to consumers
   12  under its craft distillery license, at its souvenir gift shop,
   13  up to 75,000 gallons per calendar year of branded products
   14  distilled on its premises in this state in factory-sealed
   15  containers that are filled at the distillery for off-premises
   16  consumption by consumers. Such sales are authorized only on
   17  private property owned or leased by the craft distillery which
   18  is contiguous to the craft distillery’s licensed distillery
   19  premises approved by the division in this state and included on
   20  the sketch or diagram defining the licensed premises submitted
   21  with the distillery’s license application. All sketch or diagram
   22  revisions by the distillery shall require the division’s
   23  approval verifying that the souvenir gift shop location operated
   24  by the licensed distillery is owned or leased by the distillery
   25  and on property contiguous to the distillery’s production
   26  building in this state.
   27         1. A craft distillery may not sell under its craft
   28  distillery license any factory-sealed individual containers of
   29  spirits to consumers in this state except in face-to-face sales
   30  transactions with such consumers at the craft distillery’s
   31  licensed premises. Such containers must be in compliance with
   32  the container limits in s. 565.10 who are making a purchase of
   33  no more than six individual containers of each branded product.
   34         2. Each container sold in face-to-face transactions with
   35  consumers must comply with the container limits in s. 565.10,
   36  per calendar year for the consumer’s personal use and not for
   37  resale and who are present at the distillery’s licensed premises
   38  in this state.
   39         2.3. A craft distillery must report to the division within
   40  5 days after it reaches the production limitations provided in
   41  paragraph (1)(b). Any retail sales to consumers under its craft
   42  distillery license at the craft distillery’s licensed premises
   43  are prohibited beginning the day after it reaches the production
   44  limitation.
   45         3.4. A craft distillery that has not been issued a vendor’s
   46  license under s. 561.221 may not ship or arrange to ship any of
   47  its distilled spirits to consumers in this state and may sell
   48  and deliver only to consumers within the state in a face-to-face
   49  transaction at the distillery property. However, a craft
   50  distillery distiller licensed under this section may ship,
   51  arrange to ship, or deliver such spirits to manufacturers of
   52  distilled spirits, wholesale distributors of distilled spirits,
   53  state or federal bonded warehouses, and exporters, or consumers
   54  located outside of the state; however, all such shipments must
   55  comply with the laws where such products are scheduled to be
   56  delivered for personal or commercial use.
   57         4.5. Except as provided in subparagraph 6., it is unlawful
   58  to transfer a distillery license for a distillery that produces
   59  250,000 75,000 or fewer gallons per calendar year of distilled
   60  spirits on its premises or any ownership interest in such
   61  license to an individual or entity that has a direct or indirect
   62  ownership interest in any distillery licensed in this state;
   63  another state, territory, or country; or by the United States
   64  government to manufacture, blend, or rectify distilled spirits
   65  for beverage purposes.
   66         5.6. A craft distillery shall not have its ownership
   67  affiliated with another distillery, unless such distillery
   68  produces 250,000 75,000 or fewer gallons per calendar year of
   69  distilled spirits on each of its premises in this state or in
   70  another state, territory, or country.
   71         6. A craft distillery may transfer up to 75,000 gallons per
   72  calendar year of distilled spirits that it manufactures from its
   73  federal bonded space, nonbonded space at its licensed premises,
   74  or storage areas to its souvenir gift shop.
   75         (5) A craft distillery transferring distilled spirits to
   76  its retail areas pursuant to paragraph (2)(c) or s. 561.221
   77  making sales under paragraph (2)(c) is responsible for
   78  submitting any excise taxes due to the state on distilled
   79  spirits on beverages under the Beverage Law with in its monthly
   80  report to the division with any tax payments due to the state.
   81         Section 5. Subsection (4) is added to section 561.221,
   82  Florida Statutes, to read:
   83         561.221 Licensing of manufacturers and distributors as
   84  vendors and of vendors as manufacturers; conditions and
   85  limitations.—
   86         (4)(a) Notwithstanding s. 561.22, s. 561.42, or any other
   87  provision of the Beverage Law, the division may issue vendor’s
   88  licenses for the sale of alcoholic beverages:
   89         1. On a distillery’s licensed premises;
   90         2. On a seaport facility’s premises; or
   91         3. At an airport terminal, as defined in s. 561.01(13)
   93  to a distillery licensed under s. 565.03, even if such
   94  distillery is also licensed as a distributor.
   95         (b) If the vendor’s license is for the sale of alcoholic
   96  beverages on a distillery’s licensed premises, the licensed
   97  vendor premises must be included on the sketch or diagram
   98  defining the licensed premises submitted with the distillery’s
   99  license application pursuant to s. 565.03(c). All sketch or
  100  diagram revisions by the distillery must be approved by the
  101  division, verifying that the vendor premises operated by the
  102  licensed distillery is owned or leased by the distillery and is
  103  located on the licensed distillery premises.
  104         (c) A distillery possessing a vendor’s license under this
  105  subsection may not make deliveries as otherwise allowed under s.
  106  561.57(1).
  107         (d) The division may issue up to eight vendor’s licenses to
  108  a distillery pursuant to this subsection.
  110  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  111  And the directory clause is amended as follows:
  112         Delete lines 52 - 53
  113  and insert:
  114  Section 4. Paragraphs (a) and (b) of subsection (1), paragraphs
  115  (b) and (c) of subsection (2), and subsection (5) of section
  116  565.03, Florida
  118  ================= T I T L E  A M E N D M E N T ================
  119  And the title is amended as follows:
  120         Delete lines 11 - 23
  121  and insert:
  122         “branded product” and “craft distillery”; revising the
  123         requirements for the sale of branded products by a
  124         licensed craft distillery to consumers; deleting a
  125         provision that prohibits a craft distillery from
  126         selling more than six individual containers of a
  127         branded product to a consumer; revising requirements
  128         relating to the shipping of distilled spirits to
  129         consumers by a craft distillery; providing that it is
  130         unlawful to transfer a distillery license, or
  131         ownership in a distillery license, for certain
  132         distilleries to certain individuals or entities;
  133         prohibiting a craft distillery from having its
  134         ownership affiliated with certain other distilleries;
  135         authorizing a craft distillery to transfer specified
  136         distilled spirits from certain locations to its
  137         souvenir gift shop; requiring a craft distillery
  138         making certain transfers of distilled spirits to
  139         submit certain excise taxes with its monthly report to
  140         the Division of Alcoholic Beverages and Tobacco of the
  141         Department of Business and Professional Regulation;
  142         amending s. 561.221, F.S.; authorizing the division to
  143         issue vendor’s licenses to certain distilleries for
  144         the sale of alcoholic beverages on the licensed
  145         premises, on a seaport facility's licensed premises,
  146         or at an airport terminal; requiring that the licensed
  147         vendor premises be included on certain sketches and
  148         diagrams under certain circumstances; requiring that
  149         all revisions to a sketch or diagram be approved by
  150         the division; specifying that a distillery possessing
  151         a vendor’s license is not allowed to make certain
  152         deliveries; capping the number of vendor’s licenses
  153         the division is authorized to issue to a distillery;
  154         providing an