Bill Text: FL S0142 | 2021 | Regular Session | Introduced


Bill Title: Beverage Law

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2020-12-09 - Referred to Regulated Industries; Commerce and Tourism; Rules [S0142 Detail]

Download: Florida-2021-S0142-Introduced.html
       Florida Senate - 2021                                     SB 142
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00047-21                                            2021142__
    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 the 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 distillery or craft distillery to consumers;
   14         deleting a provision that prohibits a craft distillery
   15         from 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; deleting requirements
   19         relating to the transfer of certain distillery
   20         licenses and ownership therein; deleting a prohibition
   21         against certain affiliations; authorizing a craft
   22         distillery to transfer specified quantities of
   23         specified distilled spirits from certain locations to
   24         its souvenir gift shop; requiring a craft distillery
   25         making such transfers to submit certain excise taxes
   26         with its monthly report to the Division of Alcoholic
   27         Beverages and Tobacco of the Department of Business
   28         and Professional Regulation; amending s. 561.221,
   29         F.S.; authorizing the division to issue vendor’s
   30         licenses to certain distilleries for the sale of
   31         alcoholic beverages on the distillery’s licensed
   32         premises; requiring that the licensed vendor premises
   33         be included on certain sketches and diagrams under
   34         certain circumstances; requiring that all revisions to
   35         sketches or diagrams be approved by the division;
   36         requiring the division to issue permits to
   37         distilleries for conducting tastings and sales at
   38         certain events; requiring distilleries to pay entry
   39         fees for such events and have a representative of the
   40         distillery present at each event; providing an
   41         effective date.
   42          
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   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 250,000 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 75,000 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 in s. 565.10 who are making a purchase of
  115  no more than six individual containers of each branded product.
  116         2. Each container sold in face-to-face transactions with
  117  consumers must comply with the container limits in s. 565.10,
  118  per calendar year for the consumer’s personal use and not for
  119  resale and who are present at the distillery’s licensed premises
  120  in this state.
  121         2.3. A craft distillery must report to the division within
  122  5 days after it reaches the production limitations provided in
  123  paragraph (1)(b). Any retail sales to consumers under its craft
  124  distillery license at the craft distillery’s licensed premises
  125  are prohibited beginning the day after it reaches the production
  126  limitation.
  127         3.4. A craft distillery that has not been issued a vendor’s
  128  license under s. 561.221 may not ship or arrange to ship any of
  129  its distilled spirits to consumers in this state and may sell
  130  and deliver only to consumers within the state in a face-to-face
  131  transaction at the distillery property. However, a craft
  132  distillery distiller licensed under this section may ship,
  133  arrange to ship, or deliver such spirits to manufacturers of
  134  distilled spirits, wholesale distributors of distilled spirits,
  135  state or federal bonded warehouses, and exporters, or consumers
  136  located outside of this state; however, all such shipments must
  137  comply with the laws where such products are scheduled to be
  138  delivered for personal use.
  139         4. A craft distillery may transfer up to 75,000 gallons per
  140  calendar year of distilled spirits that it manufactures from its
  141  federal bonded space, nonbonded space at its licensed premises,
  142  or storage areas to its souvenir gift shop.
  143         5. Except as provided in subparagraph 6., it is unlawful to
  144  transfer a distillery license for a distillery that produces
  145  75,000 or fewer gallons per calendar year of distilled spirits
  146  on its premises or any ownership interest in such license to an
  147  individual or entity that has a direct or indirect ownership
  148  interest in any distillery licensed in this state; another
  149  state, territory, or country; or by the United States government
  150  to manufacture, blend, or rectify distilled spirits for beverage
  151  purposes.
  152         6. A craft distillery shall not have its ownership
  153  affiliated with another distillery, unless such distillery
  154  produces 75,000 or fewer gallons per calendar year of distilled
  155  spirits on each of its premises in this state or in another
  156  state, territory, or country.
  157         (5) A craft distillery may transfer distilled spirits to
  158  any of its retail areas pursuant to paragraph (2)(c) or s.
  159  561.221 and making sales under paragraph (2)(c) is responsible
  160  for submitting any excise taxes due to the state on distilled
  161  spirits on beverages under the Beverage Law with in its monthly
  162  report to the division with any tax payments due to the state.
  163         Section 5. Subsection (4) is added to section 561.221,
  164  Florida Statutes, to read:
  165         561.221 Licensing of manufacturers and distributors as
  166  vendors and of vendors as manufacturers; conditions and
  167  limitations.—
  168         (4)(a) Notwithstanding s. 561.22, s. 561.42, or any other
  169  provision of the Beverage Law, the division may issue vendor’s
  170  licenses for the sale of alcoholic beverages on a distillery’s
  171  licensed premises to a distillery licensed under s. 565.03, even
  172  if such distillery is also licensed as a distributor.
  173         (b) If the vendor’s license is for the sale of alcoholic
  174  beverages on a distillery’s licensed premises, the licensed
  175  vendor premises must be included on the sketch or diagram
  176  defining the licensed premises submitted with the distillery’s
  177  license application. All sketch or diagram revisions by the
  178  distillery must be approved by the division and must verify that
  179  the vendor premises operated by the licensed distillery is owned
  180  or leased by the distillery and is located on the licensed
  181  distillery premises.
  182         (c) The division shall, upon request, issue permits to a
  183  distillery to conduct tastings and sales of distilled spirits
  184  produced by the distillery at fairs, trade shows, expositions,
  185  and festivals in this state. The distillery shall pay all entry
  186  fees for such events and shall have a representative of the
  187  craft distillery present during each event. The permit is
  188  limited to the length of the event for which it is issued.
  189         Section 6. This act shall take effect July 1, 2021.

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