Bill Text: FL S0554 | 2017 | Regular Session | Comm Sub
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-Comm_Sub.html
Bill Title: Craft Breweries
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-05 - Died on Calendar [S0554 Detail]
Download: Florida-2017-S0554-Comm_Sub.html
Florida Senate - 2017 CS for SB 554 By the Committee on Regulated Industries; and Senators Young and Latvala 580-01967-17 2017554c1 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; providing applicability; amending s. 6 561.5101, F.S.; revising applicability; amending s. 7 561.57, F.S.; providing that certain manufacturers may 8 transport malt beverages in vehicles owned or leased 9 by certain persons other than the manufacturers; 10 amending s. 563.022, F.S.; conforming a provision to 11 changes made 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) of that 18 section is amended, 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 paragraph is limited to 35 the sale, transport, and delivery of kegs or similar containers 36 that hold 5.16 gallons, 7.75 gallons, or 15.5 gallons. 37 2. Any delivery under this paragraph is subject to the 38 provisions of s. 561.57(2) related to deliveries by licensees. 39 3. This paragraph does not apply to a manufacturer who: 40 a. Has a franchise agreement with a distributor pursuant to 41 s. 563.022; or 42 b. Has a total production volume of more than 7,000 kegs of 43 malt beverages a year. 44 (3)(a) Notwithstanding other provisions of the Beverage 45 Law, any vendor licensed in this state may be licensed as a 46 manufacturer of malt beverages upon a finding by the division 47 that: 48 1. The vendor will be engaged in brewing malt beverages at 49 a single location and in an amount which will not exceed 10,000 50 kegs per year. For purposes of this sectionsubsection, the term 51 “keg” means 15.5 gallons. 52 2. The malt beverages so brewed will be sold to consumers 53 for consumption on the vendor’s licensed premises or on 54 contiguous licensed premises owned by the vendor. 55 Section 2. Subsection (1) of section 561.5101, Florida 56 Statutes, is amended to read: 57 561.5101 Come-to-rest requirement; exceptions; penalties.— 58 (1) For purposes of inspection and tax-revenue control, all 59 malt beverages, except those manufactured and sold by the same 60 licensee, pursuant to s. 561.221(2) or (3), must come to rest at 61 the licensed premises of an alcoholic beverage wholesaler in 62 this state before being sold to a vendor by the wholesaler. The 63 prohibition contained in this subsection does not apply to the 64 shipment of malt beverages commonly known as private labels. The 65 prohibition contained in this subsection shall not prevent a 66 manufacturer from shipping malt beverages for storage at a 67 bonded warehouse facility, provided that such malt beverages are 68 distributed as provided in this subsection or to an out-of-state 69 entity. The prohibition contained in this subsection does not 70 apply to a manufacturer delivering alcoholic beverages to a 71 licensed vendor as provided in s. 561.221(2)(f). 72 Section 3. Subsection (2) of section 561.57, Florida 73 Statutes, is amended to read: 74 561.57 Deliveries by licensees.— 75 (2) Deliveries made by a manufacturer, distributor, or 76 vendor away from his or her place of business may be made only 77 in vehicles thatwhichare owned or leased by the licensee. 78 However, a manufacturer authorized to make deliveries under s. 79 561.221(2)(f) to the licensed premises of a vendor may transport 80 malt beverages if the vehicle used to transport the alcoholic 81 beverages is owned or leased by the manufacturer or any person 82 who has been disclosed on a license application filed by the 83 manufacturer and approved by the division. By acceptance of an 84 alcoholic beverage license and the use of such vehicles, the 85 licensee agrees that such vehicle shall always be subject to be 86 inspected and searched without a search warrant, for the purpose 87 of ascertaining that all provisions of the alcoholic beverage 88 laws are complied with, by authorized employees of the division 89 and also by sheriffs, deputy sheriffs, and police officers 90 during business hours or other times the vehicle is being used 91 to transport or deliver alcoholic beverages. 92 Section 4. Paragraph (d) of subsection (14) of section 93 563.022, Florida Statutes, is amended to read: 94 563.022 Relations between beer distributors and 95 manufacturers.— 96 (14) MANUFACTURER; PROHIBITED INTERESTS.— 97 (d) Nothing in the Beverage Law shall be construed to 98 prohibit a manufacturer from shipping products to or between its 99 breweries, or between its breweries and the licensed premises of 100 a vendor as provided in s. 561.221(2)(f), without a 101 distributor’s license. 102 Section 5. This act shall take effect July 1, 2017.