Bill Text: FL S0554 | 2017 | Regular Session | Comm Sub
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 CS for SB 554 By the Committees on Commerce and Tourism; and Regulated Industries; and Senators Young and Latvala 577-02922-17 2017554c2 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; authorizing 6 vendors licensed as manufacturers under ch. 561, F.S., 7 to transfer malt beverages to certain restaurants with 8 common ownership affiliations; amending s. 561.5101, 9 F.S.; revising applicability; amending s. 561.57, 10 F.S.; providing that certain manufacturers may 11 transport malt beverages in vehicles owned or leased 12 by certain persons other than the manufacturers; 13 amending s. 563.022, F.S.; conforming a provision to 14 changes made by the act; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Paragraph (d) of subsection (2) of section 19 561.221, Florida Statutes, is amended, paragraph (f) is added to 20 that subsection, paragraph (a) of subsection (3) of that section 21 is amended, and subsection (4) is added to that section, to 22 read: 23 561.221 Licensing of manufacturers and distributors as 24 vendors and of vendors as manufacturers; conditions and 25 limitations.— 26 (2) 27 (d) A manufacturer possessing a vendor’s license under this 28 subsection is not permitted to make deliveries under s. 29 561.57(1), except as provided in paragraph (f). 30 (f) Notwithstanding any other provision of the Beverage 31 Law, a manufacturer possessing a vendor’s license under this 32 subsection may sell, transport, and deliver to vendors, from the 33 manufacturer’s licensed premises, malt beverages that have been 34 manufactured on its licensed premises if the manufacturer 35 complies with the requirements in ss. 561.42 and 561.423, as 36 applicable, to the same extent as if the manufacturer were a 37 distributor. 38 1. The authority provided in this paragraph is limited to 39 the sale, transport, and delivery of kegs or similar containers 40 that hold 5.16 gallons, 7.75 gallons, or 15.5 gallons. 41 2. Any delivery under this paragraph is subject to the 42 provisions of s. 561.57(2) related to deliveries by licensees. 43 3. This paragraph does not apply to a manufacturer who: 44 a. Has a franchise agreement with a distributor pursuant to 45 s. 563.022; or 46 b. Has a total production volume of more than 7,000 kegs of 47 malt beverages a year. 48 (3)(a) Notwithstanding other provisions of the Beverage 49 Law, any vendor licensed in this state may be licensed as a 50 manufacturer of malt beverages upon a finding by the division 51 that: 52 1. The vendor will be engaged in brewing malt beverages at 53 a single location and in an amount which will not exceed 10,000 54 kegs per year. For purposes of this sectionsubsection, the term 55 “keg” means 15.5 gallons. 56 2. The malt beverages so brewed will be sold to consumers 57 for consumption on the vendor’s licensed premises or on 58 contiguous licensed premises owned by the vendor. 59 (4) Notwithstanding any other provision of the Beverage 60 Law, any vendor licensed as a manufacturer under this section 61 may transfer malt beverages to any restaurant with which it has 62 common ownership affiliations, which restaurant is part of a 63 restaurant group that comprises not more than 15 restaurants. 64 Section 2. Subsection (1) of section 561.5101, Florida 65 Statutes, is amended to read: 66 561.5101 Come-to-rest requirement; exceptions; penalties.— 67 (1) For purposes of inspection and tax-revenue control, all 68 malt beverages, except those manufactured and sold by the same 69 licensee, pursuant to s. 561.221(2) or (3), must come to rest at 70 the licensed premises of an alcoholic beverage wholesaler in 71 this state before being sold to a vendor by the wholesaler. The 72 prohibition contained in this subsection does not apply to the 73 shipment of malt beverages commonly known as private labels. The 74 prohibition contained in this subsection shall not prevent a 75 manufacturer from shipping malt beverages for storage at a 76 bonded warehouse facility, provided that such malt beverages are 77 distributed as provided in this subsection or to an out-of-state 78 entity. The prohibition contained in this subsection does not 79 apply to a manufacturer delivering alcoholic beverages to a 80 licensed vendor as provided in s. 561.221(2)(f). 81 Section 3. Subsection (2) of section 561.57, Florida 82 Statutes, is amended to read: 83 561.57 Deliveries by licensees.— 84 (2) Deliveries made by a manufacturer, distributor, or 85 vendor away from his or her place of business may be made only 86 in vehicles thatwhichare owned or leased by the licensee. 87 However, a manufacturer authorized to make deliveries under s. 88 561.221(2)(f) to the licensed premises of a vendor may transport 89 malt beverages if the vehicle used to transport the alcoholic 90 beverages is owned or leased by the manufacturer or any person 91 who has been disclosed on a license application filed by the 92 manufacturer and approved by the division. By acceptance of an 93 alcoholic beverage license and the use of such vehicles, the 94 licensee agrees that such vehicle shall always be subject to be 95 inspected and searched without a search warrant, for the purpose 96 of ascertaining that all provisions of the alcoholic beverage 97 laws are complied with, by authorized employees of the division 98 and also by sheriffs, deputy sheriffs, and police officers 99 during business hours or other times the vehicle is being used 100 to transport or deliver alcoholic beverages. 101 Section 4. Paragraph (d) of subsection (14) of section 102 563.022, Florida Statutes, is amended to read: 103 563.022 Relations between beer distributors and 104 manufacturers.— 105 (14) MANUFACTURER; PROHIBITED INTERESTS.— 106 (d) Nothing in the Beverage Law shall be construed to 107 prohibit a manufacturer from shipping products to or between its 108 breweries, or between its breweries and the licensed premises of 109 a vendor as provided in s. 561.221(2)(f), without a 110 distributor’s license. 111 Section 5. This act shall take effect July 1, 2017.