Florida Senate - 2020                                     SB 138
       By Senator Hutson
       7-00041A-20                                            2020138__
    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 distillery’s
   34         licensed premises; requiring that the licensed vendor
   35         premises be included on certain sketches and diagrams
   36         under certain circumstances; requiring that all
   37         revisions to a sketch or diagram be approved by the
   38         division; requiring that certain alcoholic beverages
   39         be obtained through a licensed distributor, a licensed
   40         broker or sales agent, or a licensed importer;
   41         providing an effective date.
   43  Be It Enacted by the Legislature of the State of Florida:
   45         Section 1. Section 564.05, Florida Statutes, is repealed.
   46         Section 2. Section 564.055, Florida Statutes, is repealed.
   47         Section 3. Section 564.09, Florida Statutes, is amended to
   48  read:
   49         564.09 Restaurants; off-premises consumption of wine.
   50  Notwithstanding any other provision of law, a restaurant
   51  licensed to sell wine on the premises may permit a patron to
   52  remove one unsealed bottle of wine for consumption off the
   53  premises if the patron has purchased a full course meal
   54  consisting of a salad or vegetable, entree, a beverage, and
   55  bread and consumed a portion of the bottle of wine with such
   56  meal on the restaurant premises. A partially consumed bottle of
   57  wine that is to be removed from the premises must be securely
   58  resealed by the licensee or its employees before removal from
   59  the premises. The partially consumed bottle of wine shall be
   60  placed in a bag or other container that is secured in such a
   61  manner that it is visibly apparent if the container has been
   62  subsequently opened or tampered with, and a dated receipt for
   63  the bottle of wine and full course meal shall be provided by the
   64  licensee and attached to the container. If transported in a
   65  motor vehicle, the container with the resealed bottle of wine
   66  must be placed in a locked glove compartment, a locked trunk, or
   67  the area behind the last upright seat of a motor vehicle that is
   68  not equipped with a trunk.
   69         Section 4. Paragraphs (a) and (b) of subsection (1),
   70  paragraphs (b) and (c) of subsection (2), and subsection (5) of
   71  section 565.03, Florida Statutes, are amended to read:
   72         565.03 License fees; manufacturers, distributors, brokers,
   73  sales agents, and importers of alcoholic beverages; vendor
   74  licenses and fees; distilleries and craft distilleries.—
   75         (1) As used in this section, the term:
   76         (a) “Branded product” means any distilled spirits product
   77  manufactured on site, or manufactured on site and blended on
   78  site with other distilled spirits, which requires a federal
   79  certificate and label approval by the Federal Alcohol
   80  Administration Act or federal regulations.
   81         (b) “Craft distillery” means a licensed distillery that
   82  produces 200,000 75,000 or fewer gallons per calendar year of
   83  distilled spirits on its premises and is designated as a craft
   84  distillery by has notified the division upon notification in
   85  writing of its decision to qualify as a craft distillery.
   86         (2)
   87         (b) A licensed distillery or craft distillery may Persons
   88  licensed under this section who are in the business of
   89  distilling spirituous liquors may also engage in the business of
   90  rectifying and blending spirituous liquors without the payment
   91  of an additional license tax.
   92         (c) A craft distillery licensed under this section which is
   93  not licensed as a vendor under s. 561.221 may sell to consumers
   94  under its craft distillery license, at its souvenir gift shop,
   95  up to 200,000 gallons per calendar year of branded products
   96  distilled on its premises in this state in factory-sealed
   97  containers that are filled at the distillery for off-premises
   98  consumption by consumers. Such sales are authorized only on
   99  private property owned or leased by the craft distillery which
  100  is contiguous to the craft distillery’s licensed distillery
  101  premises approved by the division in this state and included on
  102  the sketch or diagram defining the licensed premises submitted
  103  with the distillery’s license application. All sketch or diagram
  104  revisions by the distillery shall require the division’s
  105  approval verifying that the souvenir gift shop location operated
  106  by the licensed distillery is owned or leased by the distillery
  107  and on property contiguous to the distillery’s production
  108  building in this state.
  109         1. A craft distillery may not sell under its craft
  110  distillery license any factory-sealed individual containers of
  111  spirits to consumers in this state except in face-to-face sales
  112  transactions with such consumers at the craft distillery’s
  113  licensed premises. Such containers must be in compliance with
  114  the container limits as provided in s. 565.10 who are making a
  115  purchase of no more than six individual containers of each
  116  branded product.
  117         2. Each container sold in face-to-face transactions with
  118  consumers must comply with the container limits in s. 565.10,
  119  per calendar year for the consumer’s personal use and not for
  120  resale and who are present at the distillery’s licensed premises
  121  in this state.
  122         2.3. A craft distillery must report to the division within
  123  5 days after it reaches the production limitations provided in
  124  paragraph (1)(b). Any retail sales to consumers under its craft
  125  distillery license at the craft distillery’s licensed premises
  126  are prohibited beginning the day after it reaches the production
  127  limitation.
  128         3.4. A craft distillery that has not been issued a vendor’s
  129  license under s. 561.221 may not ship or arrange to ship any of
  130  its distilled spirits to consumers in this state and may sell
  131  and deliver only to consumers within the state in a face-to-face
  132  transaction at the distillery property. However, a craft
  133  distillery distiller licensed under this section may ship,
  134  arrange to ship, or deliver such spirits to manufacturers of
  135  distilled spirits, wholesale distributors of distilled spirits,
  136  state or federal bonded warehouses, and exporters, or consumers
  137  located outside of this state; however, all such shipments must
  138  comply with the laws where such products are scheduled to be
  139  delivered for personal use.
  140         4.5. Except as provided in subparagraph 5. 6., it is
  141  unlawful to transfer a distillery license for a distillery that
  142  produces 200,000 75,000 or fewer gallons per calendar year of
  143  distilled spirits on its premises or any ownership interest in
  144  such license to an individual or entity that has a direct or
  145  indirect ownership interest in any distillery licensed in this
  146  state; another state, territory, or country; or by the United
  147  States government to manufacture, blend, or rectify distilled
  148  spirits for beverage purposes.
  149         5.6. A craft distillery shall not have its ownership
  150  affiliated with another distillery, unless such distillery
  151  produces 200,000 75,000 or fewer gallons per calendar year of
  152  distilled spirits on each of its premises in this state or in
  153  another state, territory, or country.
  154         6. A craft distillery may transfer up to 200,000 gallons
  155  per calendar year of distilled spirits that it manufactures from
  156  its federal bonded space, nonbonded space at its licensed
  157  premises, or storage areas to its souvenir gift shop.
  158         (5) A craft distillery may transfer distilled spirits to
  159  any of its retail areas pursuant to paragraph (2)(c) or s.
  160  561.221 and making sales under paragraph (2)(c) is responsible
  161  for submitting any excise taxes due to the state on distilled
  162  spirits on beverages under the Beverage Law with in its monthly
  163  report to the division with any tax payments due to the state.
  164         Section 5. Subsection (4) is added to section 561.221,
  165  Florida Statutes, to read:
  166         561.221 Licensing of manufacturers and distributors as
  167  vendors and of vendors as manufacturers; conditions and
  168  limitations.—
  169         (4)(a) Notwithstanding s. 561.22, s. 561.42, or any other
  170  provision of the Beverage Law, the division may issue a vendor’s
  171  license for the sale of alcoholic beverages on a distillery’s
  172  licensed premises to a distillery licensed under s. 565.03, even
  173  if such distillery is also licensed as a distributor.
  174         (b) If the vendor’s license is for the sale of alcoholic
  175  beverages on a distillery’s licensed premises, the licensed
  176  vendor premises must be included on the sketch or diagram
  177  defining the licensed premises submitted with the distillery’s
  178  license application. All sketch or diagram revisions by the
  179  distillery must be approved by the division, verifying that the
  180  vendor premises operated by the licensed distillery is owned or
  181  leased by the distillery and is located on the licensed
  182  distillery premises.
  183         (c) Distilled spirits and other alcoholic beverages
  184  manufactured by another licensed manufacturer, including any
  185  distilled spirits that are owned in whole or in part by the
  186  craft distillery but are distilled by another manufacturer, must
  187  be obtained through a licensed distributor, a licensed broker or
  188  sales agent, or a licensed importer.
  189         Section 6. This act shall take effect July 1, 2020.