Bill Amendment: FL S0220 | 2019 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: Beverage Law

Status: 2019-05-03 - Died in Innovation, Industry, and Technology [S0220 Detail]

Download: Florida-2019-S0220-Senate_Committee_Substitue_Amendment_623428_Amendment_605768_.html

---

       Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 220
       
       
       
       
       
       
                                Ì6234282Î623428                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Commerce and Tourism (Brandes) recommended the
       following:
       
    1         Senate Substitute for Amendment (605768) (with directory
    2  and title amendments)
    3  
    4         Delete lines 70 - 123
    5  and insert:
    6         (b) A licensed distillery or craft distillery may Persons
    7  licensed under this section who are in the business of
    8  distilling spirituous liquors may also engage in the business of
    9  rectifying and blending spirituous liquors without the payment
   10  of an additional license tax.
   11         (c) A craft distillery licensed under this section which is
   12  not licensed as a vendor under s. 561.221 may sell to consumers
   13  under its craft distillery license, at its souvenir gift shop,
   14  up to 75,000 gallons per calendar year of branded products
   15  distilled on its premises in this state in factory-sealed
   16  containers that are filled at the distillery for off-premises
   17  consumption by consumers. Such sales are authorized only on
   18  private property owned or leased by the craft distillery which
   19  is contiguous to the craft distillery’s licensed distillery
   20  premises approved by the division in this state and included on
   21  the sketch or diagram defining the licensed premises submitted
   22  with the distillery’s license application. All sketch or diagram
   23  revisions by the distillery shall require the division’s
   24  approval verifying that the souvenir gift shop location operated
   25  by the licensed distillery is owned or leased by the distillery
   26  and on property contiguous to the distillery’s production
   27  building in this state.
   28         1. A craft distillery may not sell under its craft
   29  distillery license any factory-sealed individual containers of
   30  spirits to consumers in this state except in face-to-face sales
   31  transactions with such consumers at the craft distillery’s
   32  licensed premises. Such containers must be in compliance with
   33  the container limits in s. 565.10 who are making a purchase of
   34  no more than six individual containers of each branded product.
   35         2. Each container sold in face-to-face transactions with
   36  consumers must comply with the container limits in s. 565.10,
   37  per calendar year for the consumer’s personal use and not for
   38  resale and who are present at the distillery’s licensed premises
   39  in this state.
   40         2.3. A craft distillery must report to the division within
   41  5 days after it reaches the production limitations provided in
   42  paragraph (1)(b). Any retail sales to consumers under its craft
   43  distillery license at the craft distillery’s licensed premises
   44  are prohibited beginning the day after it reaches the production
   45  limitation.
   46         3.4. A craft distillery that has not been issued a vendor’s
   47  license under s. 561.221 may not ship or arrange to ship any of
   48  its distilled spirits to consumers in this state and may sell
   49  and deliver only to consumers within the state in a face-to-face
   50  transaction at the distillery property. However, a craft
   51  distillery distiller licensed under this section may ship,
   52  arrange to ship, or deliver such spirits to manufacturers of
   53  distilled spirits, wholesale distributors of distilled spirits,
   54  state or federal bonded warehouses, and exporters, or consumers
   55  located outside of this state; however, all such shipments must
   56  comply with the laws where such products are scheduled to be
   57  delivered for personal or commercial use.
   58         4.5. Except as provided in subparagraph 6., it is unlawful
   59  to transfer a distillery license for a distillery that produces
   60  250,000 75,000 or fewer gallons per calendar year of distilled
   61  spirits on its premises or any ownership interest in such
   62  license to an individual or entity that has a direct or indirect
   63  ownership interest in any distillery licensed in this state;
   64  another state, territory, or country; or by the United States
   65  government to manufacture, blend, or rectify distilled spirits
   66  for beverage purposes.
   67         5.6. A craft distillery shall not have its ownership
   68  affiliated with another distillery, unless such distillery
   69  produces 250,000 75,000 or fewer gallons per calendar year of
   70  distilled spirits on each of its premises in this state or in
   71  another state, territory, or country.
   72         6. A craft distillery may transfer up to 75,000 gallons per
   73  calendar year of distilled spirits that it manufactures from its
   74  federal bonded space, nonbonded space at its licensed premises,
   75  or storage areas to its souvenir gift shop.
   76         (5) A craft distillery may transfer distilled spirits to
   77  any of its retail areas pursuant to paragraph (2)(c) or s.
   78  561.221 and making sales under paragraph (2)(c) is responsible
   79  for submitting any excise taxes due to the state on distilled
   80  spirits on beverages under the Beverage Law with in its monthly
   81  report to the division with any tax payments due to the state.
   82         Section 5. Subsection (4) is added to section 561.221,
   83  Florida Statutes, to read:
   84         561.221 Licensing of manufacturers and distributors as
   85  vendors and of vendors as manufacturers; conditions and
   86  limitations.—
   87         (4)(a) Notwithstanding s. 561.22, s. 561.42, or any other
   88  provision of the Beverage Law, the division may issue vendor’s
   89  licenses for the sale of alcoholic beverages:
   90         1. On a distillery’s licensed premises;
   91         2. On a seaport facility’s premises; or
   92         3. At an airport terminal, as defined in s. 561.01(13),
   93  
   94  to a distillery licensed under s. 565.03, even if such
   95  distillery is also licensed as a distributor.
   96         (b) If the vendor’s license is for the sale of alcoholic
   97  beverages on a distillery’s licensed premises, the licensed
   98  vendor premises must be included on the sketch or diagram
   99  defining the licensed premises submitted with the distillery’s
  100  license application pursuant to s. 565.03(c). All sketch or
  101  diagram revisions by the distillery must be approved by the
  102  division, verifying that the vendor premises operated by the
  103  licensed distillery is owned or leased by the distillery and is
  104  located on the licensed distillery premises.
  105         (c) The division may issue up to eight vendor’s licenses to
  106  a distillery pursuant to this subsection.
  107         (d) The division shall, upon request, issue permits to a
  108  distillery to conduct tasting and sales of distilled spirits
  109  produced by the distillery at fairs, trade shows, expositions,
  110  and festivals in this state. The distillery shall pay all entry
  111  fees and shall have a representative of the craft distillery
  112  present during the event. The permit is limited to the length of
  113  the event.
  114  
  115  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  116  And the directory clause is amended as follows:
  117         Delete lines 52 - 53
  118  and insert:
  119         Section 4. Paragraphs (a) and (b) of subsection (1),
  120  paragraphs (b) and (c) of subsection (2), and subsection (5) of
  121  section 565.03, Florida
  122  
  123  ================= T I T L E  A M E N D M E N T ================
  124  And the title is amended as follows:
  125         Delete lines 11 - 23
  126  and insert:
  127         “branded product” and “craft distillery”; revising the
  128         requirements for the sale of branded products by a
  129         licensed craft distillery to consumers; deleting a
  130         provision that prohibits a craft distillery from
  131         selling more than six individual containers of a
  132         branded product to a consumer; revising requirements
  133         relating to the shipping of distilled spirits to
  134         consumers by a craft distillery; providing that it is
  135         unlawful to transfer a distillery license, or
  136         ownership in a distillery license, for certain
  137         distilleries to certain individuals or entities;
  138         prohibiting a craft distillery from having its
  139         ownership affiliated with certain other distilleries;
  140         authorizing a craft distillery to transfer specified
  141         distilled spirits from certain locations to its
  142         souvenir gift shop; requiring a craft distillery
  143         making certain transfers of distilled spirits to
  144         submit certain excise taxes with its monthly report to
  145         the Division of Alcoholic Beverages and Tobacco of the
  146         Department of Business and Professional Regulation;
  147         amending s. 561.221, F.S.; authorizing the division to
  148         issue vendor’s licenses to certain distilleries for
  149         the sale of alcoholic beverages on the licensed
  150         premises, on a seaport facility’s licensed premises,
  151         or at an airport terminal; requiring that the licensed
  152         vendor premises be included on certain sketches and
  153         diagrams under certain circumstances; requiring that
  154         all revisions to a sketch or diagram be approved by
  155         the division; capping the number of vendor’s licenses
  156         the division is authorized to issue to a distillery;
  157         requiring the division to issue permits to
  158         distilleries for conducting tastings and sales at
  159         certain events; requiring distilleries to pay entry
  160         fees and to have a representative present at such
  161         events; providing an