Bill Amendment: FL S0138 | 2020 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Beverage Law

Status: 2020-03-14 - Died in Innovation, Industry, and Technology [S0138 Detail]

Download: Florida-2020-S0138-Senate_Committee_Amendment_905538_to_Amendment_132272_.html

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       Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 138
       
       
       
       
       
       
                                Ì905538@Î905538                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Innovation, Industry, and Technology (Brandes)
       recommended the following:
       
    1         Senate Amendment to Amendment (132272) 
    2  
    3         Delete lines 146 - 214
    4  and insert:
    5  souvenir gift shops and tasting rooms, up to 250,000 gallons per
    6  calendar year of shop, branded products that are manufactured by
    7  the craft distillery distilled on its premises or in a state or
    8  federal bonded space in this state which is on or contiguous to
    9  the craft distillery’s licensed premises and is owned or leased
   10  by the craft distillery in this state in factory-sealed
   11  containers that are filled at the distillery for off-premises
   12  consumption. Such sales are authorized only on private property
   13  contiguous to the licensed distillery premises in this state and
   14  included on the sketch or diagram defining the licensed premises
   15  submitted with the distillery’s license application. All sketch
   16  or diagram revisions by the distillery shall require the
   17  division’s approval verifying that the locations of the souvenir
   18  gift shops and tasting rooms shop location operated by the
   19  licensed distillery are is owned or leased by the distillery and
   20  on property contiguous to the distillery’s production building
   21  in this state.
   22         1. Except as permitted under s. 565.17(2), a craft
   23  distillery may not sell any factory-sealed individual containers
   24  of spirits to consumers except in face-to-face sales
   25  transactions with such consumers at the craft distillery’s
   26  licensed premises. Such branded products must be in compliance
   27  with the container limits under s. 565.10 and be intended for
   28  personal consumption rather than for resale who are making a
   29  purchase of no more than six individual containers of each
   30  branded product.
   31         2. Each container sold in face-to-face transactions with
   32  consumers must comply with the container limits in s. 565.10,
   33  per calendar year for the consumer’s personal use and not for
   34  resale and who are present at the distillery’s licensed premises
   35  in this state.
   36         3. A craft distillery must report to the division within 5
   37  days after it exceeds reaches the production standards or is no
   38  longer operating under the requirements or limitations provided
   39  in paragraph (1)(b). Any retail sales of branded products by the
   40  drink or by the package to consumers at the craft distillery’s
   41  licensed premises are prohibited beginning the day after it
   42  exceeds reaches the production limitation.
   43         3.4. A craft distillery is prohibited from shipping or
   44  arranging to ship within this state any of its branded products
   45  or any other alcoholic beverages that it manufactures,
   46  rectifies, blends, or bottles may not ship or arrange to ship
   47  any of its distilled spirits to consumers and may sell and
   48  deliver only to consumers within the state in a face-to-face
   49  transaction at the distillery’s souvenir gift shops and tasting
   50  rooms distillery property. However, a craft distillery distiller
   51  licensed under this section may ship, arrange to ship, or
   52  deliver such spirits to any manufacturers of distilled spirits,
   53  wholesale distributors of distilled spirits, state or federal
   54  bonded warehouses, or and exporters.
   55         4.5. Except as provided in subparagraph 5. subparagraph 6.,
   56  it is unlawful to transfer a craft distillery license for a
   57  distillery that produces 75,000 or fewer gallons per calendar
   58  year of distilled spirits on its premises or any ownership
   59  interest in such license to an individual or entity that has a
   60  direct or indirect ownership interest in any distillery that
   61  distills, blends, or bottles 250,000 gallons or more per
   62  calendar year of distilled spirits under any license licensed in
   63  this state; another state, territory, or country; or by the
   64  United States Government to manufacture, blend, or rectify
   65  distilled spirits for beverage purposes.
   66         5.6. A craft distillery shall not have its ownership
   67  affiliated with another distillery, unless such distillery is
   68  owned by an individual or entity that distills, blends, or
   69  bottles 250,000 gallons or less per calendar year of distilled
   70  spirits produces 75,000 or fewer gallons per calendar year of
   71  distilled spirits on each of its premises in this state or in
   72  another state, territory, or country.
   73         6. A craft distillery may transfer up to 250,000 gallons
   74  per