Bill Text: FL S0554 | 2017 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Craft Breweries
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-05 - Died on Calendar [S0554 Detail]
Download: Florida-2017-S0554-Introduced.html
Bill Title: Craft Breweries
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-05 - Died on Calendar [S0554 Detail]
Download: Florida-2017-S0554-Introduced.html
Florida Senate - 2017 SB 554 By Senator Young 18-00400A-17 2017554__ 1 A bill to be entitled 2 An act relating to craft breweries; amending s. 3 561.221, F.S.; exempting certain vendors from 4 specified delivery restrictions under certain 5 circumstances; amending s. 561.5101, F.S.; revising 6 applicability; amending s. 561.57, F.S.; providing 7 that certain manufacturers may transport malt 8 beverages in vehicles owned or leased by certain 9 persons other than the manufacturer; amending s. 10 563.022, F.S.; conforming a provision to changes made 11 by the act; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (d) of subsection (2) of section 16 561.221, Florida Statutes, is amended, paragraph (f) is added to 17 that subsection, and paragraph (a) of subsection (3) is amended, 18 to read: 19 561.221 Licensing of manufacturers and distributors as 20 vendors and of vendors as manufacturers; conditions and 21 limitations.— 22 (2) 23 (d) A manufacturer possessing a vendor’s license under this 24 subsection is not permitted to make deliveries under s. 25 561.57(1), except as provided in paragraph (f). 26 (f) Notwithstanding any other provision of the Beverage 27 Law, a manufacturer possessing a vendor’s license under this 28 subsection may sell, transport, and deliver to vendors, from the 29 manufacturer’s licensed premises, malt beverages that have been 30 manufactured on its licensed premises, if the manufacturer 31 complies with the requirements in ss. 561.42 and 561.423, as 32 applicable, to the same extent as if the manufacturer were a 33 distributor. 34 1. The authority provided in this section is limited to the 35 sale, transport, and delivery of kegs. 36 2. Any delivery under this paragraph is subject to the 37 provisions of s. 561.57(2) related to deliveries by licensees. 38 3. This paragraph does not apply to a manufacturer who: 39 a. Has a franchise agreement with a distributor pursuant to 40 s. 563.022. 41 b. Produces more than 7,000 kegs of malt beverages a year. 42 (3)(a) Notwithstanding other provisions of the Beverage 43 Law, any vendor licensed in this state may be licensed as a 44 manufacturer of malt beverages upon a finding by the division 45 that: 46 1. The vendor will be engaged in brewing malt beverages at 47 a single location and in an amount which will not exceed 10,000 48 kegs per year. For purposes of this sectionsubsection, the term 49 “keg” means 15.5 gallons. 50 2. The malt beverages so brewed will be sold to consumers 51 for consumption on the vendor’s licensed premises or on 52 contiguous licensed premises owned by the vendor. 53 Section 2. Subsection (1) of section 561.5101, Florida 54 Statutes, is amended to read: 55 561.5101 Come-to-rest requirement; exceptions; penalties.— 56 (1) For purposes of inspection and tax-revenue control, all 57 malt beverages, except those manufactured and sold by the same 58 licensee, pursuant to s. 561.221(2) or (3), must come to rest at 59 the licensed premises of an alcoholic beverage wholesaler in 60 this state before being sold to a vendor by the wholesaler. The 61 prohibition contained in this subsection does not apply to the 62 shipment of malt beverages commonly known as private labels. The 63 prohibition contained in this subsection shall not prevent a 64 manufacturer from shipping malt beverages for storage at a 65 bonded warehouse facility, provided that such malt beverages are 66 distributed as provided in this subsection or to an out-of-state 67 entity. The prohibition contained in this subsection does not 68 apply to a manufacturer delivering alcoholic beverages to a 69 licensed vendor as provided in s. 561.221(2)(f). 70 Section 3. Subsection (2) of section 561.57, Florida 71 Statutes, is amended to read: 72 561.57 Deliveries by licensees.— 73 (2) Deliveries made by a manufacturer, distributor, or 74 vendor away from his or her place of business may be made only 75 in vehicles thatwhichare owned or leased by the licensee. 76 However, a manufacturer authorized to make deliveries under s. 77 561.221(2)(f) to the licensed premises of a vendor may transport 78 malt beverages if the vehicle used to transport the alcoholic 79 beverages is owned or leased by the manufacturer or any person 80 who has been disclosed on a license application filed by the 81 manufacturer and approved by the division. By acceptance of an 82 alcoholic beverage license and the use of such vehicles, the 83 licensee agrees that such vehicle shall always be subject to be 84 inspected and searched without a search warrant, for the purpose 85 of ascertaining that all provisions of the alcoholic beverage 86 laws are complied with, by authorized employees of the division 87 and also by sheriffs, deputy sheriffs, and police officers 88 during business hours or other times the vehicle is being used 89 to transport or deliver alcoholic beverages. 90 Section 4. Paragraph (d) of subsection (14) of section 91 563.022, Florida Statutes, is amended to read: 92 563.022 Relations between beer distributors and 93 manufacturers.— 94 (14) MANUFACTURER; PROHIBITED INTERESTS.— 95 (d) Nothing in the Beverage Law shall be construed to 96 prohibit a manufacturer from shipping products to or between its 97 breweries, or between its breweries and the licensed premises of 98 a vendor as provided in s. 561.221(2)(f), without a 99 distributor’s license. 100 Section 5. This act shall take effect July 1, 2017.