Bill Amendment: FL S0166 | 2017 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Craft Distilleries

Status: 2017-05-04 - Laid on Table, companion bill(s) passed, see CS/HB 141 (Ch. 2017-46) [S0166 Detail]

Download: Florida-2017-S0166-Senate_Committee_Amendment_496414.html

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       Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 166
       
       
       
       
       
       
                                Ì496414*Î496414                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/10/2017           .                                
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       The Committee on Regulated Industries (Hutson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 48 - 143
    4  and insert:
    5  manufacturer of wine or a designated Florida Craft Distillery
    6  who is licensed and engaged in the manufacture of wine or
    7  distilled spirits in this state, even if such manufacturer is
    8  also licensed as a distributor; provided that no such vendor’s
    9  license is not shall be owned, managed, operated, or controlled
   10  by any licensed manufacturer of wine or any craft distillery
   11  unless the licensed premises of the vendor are situated on
   12  property contiguous to the manufacturing premises of the
   13  licensed manufacturer of wine or distilled spirits or in its
   14  sales room pursuant to s. 565.03.
   15         (b) The Division of Alcoholic Beverages and Tobacco shall
   16  issue permits to a certified Florida Farm Winery or a designated
   17  Florida Craft Distillery to conduct tasting and sales of wine or
   18  distilled spirits produced by certified Florida Farm Wineries or
   19  designated Florida Craft Distilleries at Florida fairs, trade
   20  shows, expositions, and festivals. The certified Florida Farm
   21  Winery or designated Florida Craft Distillery shall pay all
   22  entry fees and shall have a winery or distillery representative
   23  present during the event. The permit is limited to the length of
   24  the event.
   25         (c) A certified Florida Farm Winery or designated Florida
   26  Craft Distillery may transfer wine or distilled spirits produced
   27  at such winery or distillery, respectively, out of its federal
   28  bonded space or nonbonded space at its licensed premises or
   29  storage areas to its vendor’s licensed premises or approved
   30  sales room. The division shall approve the storage areas,
   31  provided that each is included in the winery’s or distillery’s
   32  current state tax bond. All such transfers of wine or distilled
   33  spirits shall be reported to the division pursuant to s. 561.55
   34  and included in the winery’s or distillery’s excise tax payment
   35  to the state each month.
   36         Section 2. Paragraph (b) of subsection (1) and paragraph
   37  (c) of subsection (2) of section 565.03, Florida Statutes, are
   38  amended to read:
   39         565.03 License fees; manufacturers, distributors, brokers,
   40  sales agents, and importers of alcoholic beverages; vendor
   41  licenses and fees; craft distilleries.—
   42         (1) As used in this section, the term:
   43         (b) “Craft distillery” means a licensed distillery that
   44  produces 250,000 75,000 or fewer gallons per calendar year of
   45  distilled spirits on its premises and is designated as a craft
   46  distillery by has notified the division upon notification in
   47  writing of its decision to qualify as a craft distillery.
   48         (2)(c) A craft distillery licensed under this section may
   49  sell to consumers, at its souvenir gift shop, branded products
   50  distilled and bottled on its premises in this state in factory
   51  sealed containers approved for sale that are filled at the
   52  distillery for off-premises consumption. Such sales are
   53  authorized only on private property owned or leased by the
   54  distillery which is contiguous to the licensed distillery
   55  premises and at one other approved sales room located in the
   56  same county as the distillery’s production building which shall
   57  be an extension of the craft distillery’s licensed premises in
   58  this state and included on the sketch or diagram defining the
   59  licensed premises submitted with the distillery’s license
   60  application. All sketch or diagram revisions by the distillery
   61  shall require local zoning approval and the division’s approval
   62  verifying that the souvenir gift shop location and all areas
   63  used and operated by the licensed distillery are is owned or
   64  leased by the distillery and on property contiguous to the
   65  distillery’s production building in this state or within the
   66  extended licensed premises.
   67         1. A craft distillery licensed under this section may not
   68  sell any factory-sealed individual containers of spirits except
   69  in face-to-face sales transactions at the craft distillery’s
   70  licensed premises with consumers who are making a purchase of no
   71  more than:
   72         a. Two individual containers of each branded product;
   73         b. Three individual containers of a single branded product
   74  and up to one individual container of a second branded product;
   75  or
   76         c. Four individual containers of a single branded product.
   77         2. Each container sold in face-to-face transactions with
   78  consumers must comply with the container limits in s. 565.10,
   79  per calendar year for the consumer’s personal use and not for
   80  resale and who are present at the distillery’s licensed premises
   81  in this state.
   82         3. A craft distillery licensed under this section must
   83  report to the division within 5 days after it reaches the
   84  production limitations provided in paragraph (1)(b). Any retail
   85  sales to consumers at the craft distillery’s licensed premises
   86  are prohibited beginning the day after it reaches the production
   87  limitation unless it has been issued a vendor’s license at each
   88  craft distillery and additional sales room authorized in s.
   89  561.221. Notwithstanding any of the provisions of this section
   90  or s. 561.221, a craft distillery which holds a vendor’s license
   91  may retain and renew such license, if such craft distillery
   92  exceeds the production limitation in paragraph (1)(b).
   93  
   94  ================= T I T L E  A M E N D M E N T ================
   95  And the title is amended as follows:
   96         Delete lines 6 - 23
   97  and insert:
   98         by a designated Florida Craft Distillery is not
   99         prohibited under specified laws; requiring the
  100         Division of Alcoholic Beverages and Tobacco to issue
  101         permits to a designated Florida Craft Distilleries to
  102         conduct certain tastings and sales; requiring such
  103         distilleries to pay entry fees and have a
  104         representative present during certain events;
  105         authorizing the transfer of wine and distilled spirits
  106         to vendors by specified wineries and distilleries
  107         under certain circumstances; requiring the division to
  108         approve certain storage areas; requiring wineries and
  109         distilleries to report all such transfers to the
  110         division and to include them in monthly excise tax
  111         payments; amending s. 565.03, F.S.; redefining the
  112         term “craft distillery”; specifying authorized
  113         products for sale by craft distilleries; providing
  114         limitations on retail sales by craft distilleries to
  115         consumers; permitting craft distilleries to retain and
  116         renew a vendor's license under specified
  117         circumstances;