Florida Senate - 2019                                     SB 220
       By Senator Brandes
       24-00725-19                                            2019220__
    1                        A bill to be entitled                      
    2         An act relating to the Beverage Law; repealing s.
    3         564.05, F.S., relating to limitations on the size of
    4         individual wine containers; repealing s. 564.055,
    5         F.S., relating to limitations on the size of
    6         individual cider containers; amending s. 564.09, F.S.;
    7         revising provisions that authorize a restaurant to
    8         allow patrons to remove partially consumed bottles of
    9         wine from a restaurant for off-premises consumption;
   10         amending s. 565.03, F.S.; redefining the terms
   11         “branded product” and “craft distillery”; specifying
   12         limitations on a craft distillery’s retail sales to
   13         consumers; deleting a provision that prohibits a craft
   14         distillery from selling more than six individual
   15         containers of a branded product to a consumer;
   16         declaring that it is unlawful to transfer a distillery
   17         license, or ownership in a distillery license, for
   18         certain distilleries to certain individuals or
   19         entities; prohibiting a craft distillery from having
   20         its ownership affiliated with certain other
   21         distilleries; authorizing a craft distillery to
   22         transfer specified distilled spirits from certain
   23         locations to its souvenir gift shop; providing an
   24         effective date.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Section 564.05, Florida Statutes, is repealed.
   29         Section 2. Section 564.055, Florida Statutes, is repealed.
   30         Section 3. Section 564.09, Florida Statutes, is amended to
   31  read:
   32         564.09 Restaurants; off-premises consumption of wine.
   33  Notwithstanding any other provision of law, a restaurant
   34  licensed to sell wine on the premises may permit a patron to
   35  remove one unsealed bottle of wine for consumption off the
   36  premises if the patron has purchased a full course meal
   37  consisting of a salad or vegetable, entree, a beverage, and
   38  bread and consumed a portion of the bottle of wine with such
   39  meal on the restaurant premises. A partially consumed bottle of
   40  wine that is to be removed from the premises must be securely
   41  resealed by the licensee or its employees before removal from
   42  the premises. The partially consumed bottle of wine shall be
   43  placed in a bag or other container that is secured in such a
   44  manner that it is visibly apparent if the container has been
   45  subsequently opened or tampered with, and a dated receipt for
   46  the bottle of wine and full course meal shall be provided by the
   47  licensee and attached to the container. If transported in a
   48  motor vehicle, the container with the resealed bottle of wine
   49  must be placed in a locked glove compartment, a locked trunk, or
   50  the area behind the last upright seat of a motor vehicle that is
   51  not equipped with a trunk.
   52         Section 4. Paragraphs (a) and (b) of subsection (1) and
   53  paragraph (c) of subsection (2) of section 565.03, Florida
   54  Statutes, are amended to read:
   55         565.03 License fees; manufacturers, distributors, brokers,
   56  sales agents, and importers of alcoholic beverages; vendor
   57  licenses and fees; distilleries and craft distilleries.—
   58         (1) As used in this section, the term:
   59         (a) “Branded product” means any distilled spirits product
   60  manufactured on site, or manufactured on site and blended on
   61  site with other distilled spirits, which requires a federal
   62  certificate and label approval by the Federal Alcohol
   63  Administration Act or federal regulations.
   64         (b) “Craft distillery” means a licensed distillery that
   65  produces 250,000 75,000 or fewer gallons per calendar year of
   66  distilled spirits on its premises and is designated as a craft
   67  distillery by has notified the division upon notification in
   68  writing of its decision to qualify as a craft distillery.
   69         (2)
   70         (c) A craft distillery licensed under this section may sell
   71  to consumers, at its souvenir gift shop, up to 75,000 gallons
   72  per calendar year of branded products distilled on its premises
   73  in this state in factory-sealed containers that are filled at
   74  the distillery for off-premises consumption. Such sales are
   75  authorized only on private property contiguous to the licensed
   76  distillery premises in this state and included on the sketch or
   77  diagram defining the licensed premises submitted with the
   78  distillery’s license application. All sketch or diagram
   79  revisions by the distillery shall require the division’s
   80  approval verifying that the souvenir gift shop location operated
   81  by the licensed distillery is owned or leased by the distillery
   82  and on property contiguous to the distillery’s production
   83  building in this state.
   84         1. A craft distillery may not sell any factory-sealed
   85  individual containers of spirits except in face-to-face sales
   86  transactions with consumers who are making a purchase of no more
   87  than six individual containers of each branded product.
   88         2. Each container sold in face-to-face transactions with
   89  consumers must comply with the container limits in s. 565.10,
   90  per calendar year for the consumer’s personal use and not for
   91  resale and who are present at the distillery’s licensed premises
   92  in this state.
   93         3. A craft distillery must report to the division within 5
   94  days after it reaches the production limitations provided in
   95  paragraph (1)(b). Any retail sales to consumers at the craft
   96  distillery’s licensed premises are prohibited beginning the day
   97  after it reaches the production limitation.
   98         4. A craft distillery may not ship or arrange to ship any
   99  of its distilled spirits to consumers and may sell and deliver
  100  only to consumers within the state in a face-to-face transaction
  101  at the distillery property. However, a craft distiller licensed
  102  under this section may ship, arrange to ship, or deliver such
  103  spirits to manufacturers of distilled spirits, wholesale
  104  distributors of distilled spirits, state or federal bonded
  105  warehouses, and exporters.
  106         5. Except as provided in subparagraph 6., it is unlawful to
  107  transfer a distillery license for a distillery that produces
  108  250,000 75,000 or fewer gallons per calendar year of distilled
  109  spirits on its premises or any ownership interest in such
  110  license to an individual or entity that has a direct or indirect
  111  ownership interest in any distillery licensed in this state;
  112  another state, territory, or country; or by the United States
  113  government to manufacture, blend, or rectify distilled spirits
  114  for beverage purposes.
  115         6. A craft distillery shall not have its ownership
  116  affiliated with another distillery, unless such distillery
  117  produces 250,000 75,000 or fewer gallons per calendar year of
  118  distilled spirits on each of its premises in this state or in
  119  another state, territory, or country.
  120         7. A craft distillery may transfer up to 75,000 gallons per
  121  calendar year of distilled spirits it manufactures from its
  122  federal bonded space, nonbonded space at its licensed premises,
  123  or storage areas to its souvenir gift shop.
  124         Section 5. This act shall take effect July 1, 2019.