Florida Senate - 2019                              CS for SB 220
       By the Committee on Commerce and Tourism; and Senators Brandes
       and Stewart
       577-02470-19                                           2019220c1
    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”; revising the
   12         requirements for the sale of branded products by a
   13         licensed craft distillery to consumers; deleting a
   14         provision that prohibits a craft distillery from
   15         selling more than six individual containers of a
   16         branded product to a consumer; revising requirements
   17         relating to the shipping of distilled spirits to
   18         consumers by a craft distillery; providing that it is
   19         unlawful to transfer a distillery license, or
   20         ownership in a distillery license, for certain
   21         distilleries to certain individuals or entities;
   22         prohibiting a craft distillery from having its
   23         ownership affiliated with certain other distilleries;
   24         authorizing a craft distillery to transfer specified
   25         distilled spirits from certain locations to its
   26         souvenir gift shop; requiring a craft distillery
   27         making certain transfers of distilled spirits to
   28         submit certain excise taxes with its monthly report to
   29         the Division of Alcoholic Beverages and Tobacco of the
   30         Department of Business and Professional Regulation;
   31         amending s. 561.221, F.S.; authorizing the division to
   32         issue vendor’s licenses to certain distilleries for
   33         the sale of alcoholic beverages on the licensed
   34         premises, on a seaport facility’s licensed premises,
   35         or at an airport terminal; requiring that the licensed
   36         vendor premises be included on certain sketches and
   37         diagrams under certain circumstances; requiring that
   38         all revisions to a sketch or diagram be approved by
   39         the division; capping the number of vendor’s licenses
   40         the division is authorized to issue to a distillery;
   41         requiring the division to issue permits to
   42         distilleries for conducting tastings and sales at
   43         certain events; requiring distilleries to pay entry
   44         fees and to have a representative present at such
   45         events; providing an effective date.
   47  Be It Enacted by the Legislature of the State of Florida:
   49         Section 1. Section 564.05, Florida Statutes, is repealed.
   50         Section 2. Section 564.055, Florida Statutes, is repealed.
   51         Section 3. Section 564.09, Florida Statutes, is amended to
   52  read:
   53         564.09 Restaurants; off-premises consumption of wine.
   54  Notwithstanding any other provision of law, a restaurant
   55  licensed to sell wine on the premises may permit a patron to
   56  remove one unsealed bottle of wine for consumption off the
   57  premises if the patron has purchased a full course meal
   58  consisting of a salad or vegetable, entree, a beverage, and
   59  bread and consumed a portion of the bottle of wine with such
   60  meal on the restaurant premises. A partially consumed bottle of
   61  wine that is to be removed from the premises must be securely
   62  resealed by the licensee or its employees before removal from
   63  the premises. The partially consumed bottle of wine shall be
   64  placed in a bag or other container that is secured in such a
   65  manner that it is visibly apparent if the container has been
   66  subsequently opened or tampered with, and a dated receipt for
   67  the bottle of wine and full course meal shall be provided by the
   68  licensee and attached to the container. If transported in a
   69  motor vehicle, the container with the resealed bottle of wine
   70  must be placed in a locked glove compartment, a locked trunk, or
   71  the area behind the last upright seat of a motor vehicle that is
   72  not equipped with a trunk.
   73         Section 4. Paragraphs (a) and (b) of subsection (1),
   74  paragraphs (b) and (c) of subsection (2), and subsection (5) of
   75  section 565.03, Florida Statutes, are amended to read:
   76         565.03 License fees; manufacturers, distributors, brokers,
   77  sales agents, and importers of alcoholic beverages; vendor
   78  licenses and fees; distilleries and craft distilleries.—
   79         (1) As used in this section, the term:
   80         (a) “Branded product” means any distilled spirits product
   81  manufactured on site, or manufactured on site and blended on
   82  site with other distilled spirits, which requires a federal
   83  certificate and label approval by the Federal Alcohol
   84  Administration Act or federal regulations.
   85         (b) “Craft distillery” means a licensed distillery that
   86  produces 250,000 75,000 or fewer gallons per calendar year of
   87  distilled spirits on its premises and is designated as a craft
   88  distillery by has notified the division upon notification in
   89  writing of its decision to qualify as a craft distillery.
   90         (2)
   91         (b) A licensed distillery or craft distillery may Persons
   92  licensed under this section who are in the business of
   93  distilling spirituous liquors may also engage in the business of
   94  rectifying and blending spirituous liquors without the payment
   95  of an additional license tax.
   96         (c) A craft distillery licensed under this section which is
   97  not licensed as a vendor under s. 561.221 may sell to consumers
   98  under its craft distillery license, at its souvenir gift shop,
   99  up to 75,000 gallons per calendar year of branded products
  100  distilled on its premises in this state in factory-sealed
  101  containers that are filled at the distillery for off-premises
  102  consumption by consumers. Such sales are authorized only on
  103  private property owned or leased by the craft distillery which
  104  is contiguous to the craft distillery’s licensed distillery
  105  premises approved by the division in this state and included on
  106  the sketch or diagram defining the licensed premises submitted
  107  with the distillery’s license application. All sketch or diagram
  108  revisions by the distillery shall require the division’s
  109  approval verifying that the souvenir gift shop location operated
  110  by the licensed distillery is owned or leased by the distillery
  111  and on property contiguous to the distillery’s production
  112  building in this state.
  113         1. A craft distillery may not sell under its craft
  114  distillery license any factory-sealed individual containers of
  115  spirits to consumers in this state except in face-to-face sales
  116  transactions with such consumers at the craft distillery’s
  117  licensed premises. Such containers must be in compliance with
  118  the container limits in s. 565.10 who are making a purchase of
  119  no more than six individual containers of each branded product.
  120         2. Each container sold in face-to-face transactions with
  121  consumers must comply with the container limits in s. 565.10,
  122  per calendar year for the consumer’s personal use and not for
  123  resale and who are present at the distillery’s licensed premises
  124  in this state.
  125         2.3. A craft distillery must report to the division within
  126  5 days after it reaches the production limitations provided in
  127  paragraph (1)(b). Any retail sales to consumers under its craft
  128  distillery license at the craft distillery’s licensed premises
  129  are prohibited beginning the day after it reaches the production
  130  limitation.
  131         3.4. A craft distillery that has not been issued a vendor’s
  132  license under s. 561.221 may not ship or arrange to ship any of
  133  its distilled spirits to consumers in this state and may sell
  134  and deliver only to consumers within the state in a face-to-face
  135  transaction at the distillery property. However, a craft
  136  distillery distiller licensed under this section may ship,
  137  arrange to ship, or deliver such spirits to manufacturers of
  138  distilled spirits, wholesale distributors of distilled spirits,
  139  state or federal bonded warehouses, and exporters, or consumers
  140  located outside of this state; however, all such shipments must
  141  comply with the laws where such products are scheduled to be
  142  delivered for personal or commercial use.
  143         4.5. Except as provided in subparagraph 6., it is unlawful
  144  to transfer a distillery license for a distillery that produces
  145  250,000 75,000 or fewer gallons per calendar year of distilled
  146  spirits on its premises or any ownership interest in such
  147  license to an individual or entity that has a direct or indirect
  148  ownership interest in any distillery licensed in this state;
  149  another state, territory, or country; or by the United States
  150  government to manufacture, blend, or rectify distilled spirits
  151  for beverage purposes.
  152         5.6. A craft distillery shall not have its ownership
  153  affiliated with another distillery, unless such distillery
  154  produces 250,000 75,000 or fewer gallons per calendar year of
  155  distilled spirits on each of its premises in this state or in
  156  another state, territory, or country.
  157         6. A craft distillery may transfer up to 75,000 gallons per
  158  calendar year of distilled spirits that it manufactures from its
  159  federal bonded space, nonbonded space at its licensed premises,
  160  or storage areas to its souvenir gift shop.
  161         (5) A craft distillery may transfer distilled spirits to
  162  any of its retail areas pursuant to paragraph (2)(c) or s.
  163  561.221 and making sales under paragraph (2)(c) is responsible
  164  for submitting any excise taxes due to the state on distilled
  165  spirits on beverages under the Beverage Law with in its monthly
  166  report to the division with any tax payments due to the state.
  167         Section 5. Subsection (4) is added to section 561.221,
  168  Florida Statutes, to read:
  169         561.221 Licensing of manufacturers and distributors as
  170  vendors and of vendors as manufacturers; conditions and
  171  limitations.—
  172         (4)(a) Notwithstanding s. 561.22, s. 561.42, or any other
  173  provision of the Beverage Law, the division may issue vendor’s
  174  licenses for the sale of alcoholic beverages:
  175         1. On a distillery’s licensed premises;
  176         2. On a seaport facility’s premises; or
  177         3. At an airport terminal, as defined in s. 561.01(13),
  179  to a distillery licensed under s. 565.03, even if such
  180  distillery is also licensed as a distributor.
  181         (b) If the vendor’s license is for the sale of alcoholic
  182  beverages on a distillery’s licensed premises, the licensed
  183  vendor premises must be included on the sketch or diagram
  184  defining the licensed premises submitted with the distillery’s
  185  license application pursuant to s. 565.03(c). All sketch or
  186  diagram revisions by the distillery must be approved by the
  187  division, verifying that the vendor premises operated by the
  188  licensed distillery is owned or leased by the distillery and is
  189  located on the licensed distillery premises.
  190         (c) The division may issue up to eight vendor’s licenses to
  191  a distillery pursuant to this subsection.
  192         (d) The division shall, upon request, issue permits to a
  193  distillery to conduct tasting and sales of distilled spirits
  194  produced by the distillery at fairs, trade shows, expositions,
  195  and festivals in this state. The distillery shall pay all entry
  196  fees and shall have a representative of the craft distillery
  197  present during the event. The permit is limited to the length of
  198  the event.
  199         Section 6. This act shall take effect July 1, 2019.