Bill Text: FL S0966 | 2022 | Regular Session | Introduced

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Bill Title: Sale, Transport, and Delivery of Malt Beverages

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2022-03-14 - Died in Regulated Industries [S0966 Detail]

Download: Florida-2022-S0966-Introduced.html

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       Florida Senate - 2022                                     SB 966
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-01126-22                                            2022966__
    1                        A bill to be entitled                      
    2         An act relating to the sale, transport, and delivery
    3         of malt beverages; amending s. 561.221, F.S.;
    4         exempting certain vendors from specified delivery
    5         restrictions under certain circumstances; providing
    6         applicability; authorizing vendors licensed as
    7         manufacturers under ch. 561, F.S., to transfer malt
    8         beverages to certain restaurants with common ownership
    9         affiliations; amending s. 561.5101, F.S.; revising
   10         applicability; amending s. 561.57, F.S.; providing
   11         that certain manufacturers may transport malt
   12         beverages in vehicles owned or leased by the
   13         manufacturers or certain persons other than the
   14         manufacturers; amending s. 563.022, F.S.; conforming a
   15         provision to changes made by the act; providing an
   16         effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraph (d) of subsection (2) and paragraph
   21  (a) of subsection (3) of section 561.221, Florida Statutes, are
   22  amended, paragraph (f) is added to subsection (2), and
   23  subsection (4) is added to that section, to read:
   24         561.221 Licensing of manufacturers and distributors as
   25  vendors and of vendors as manufacturers; conditions and
   26  limitations.—
   27         (2)
   28         (d) A manufacturer possessing a vendor’s license under this
   29  subsection is not permitted to make deliveries under s.
   30  561.57(1), except as provided in paragraph (f).
   31         (f) Notwithstanding any other provision of the Beverage
   32  Law, a manufacturer possessing a vendor’s license under this
   33  subsection may sell, transport, and deliver to vendors, from the
   34  manufacturer’s licensed premises, malt beverages that have been
   35  manufactured on its licensed premises if the manufacturer
   36  complies with the requirements in ss. 561.42 and 561.423, as
   37  applicable, to the same extent as if the manufacturer were a
   38  distributor.
   39         1. The authority provided in this paragraph is limited to
   40  the sale, transport, and delivery of kegs or similar containers
   41  that hold 5.16 gallons, 7.75 gallons, or 15.5 gallons.
   42         2. Any delivery under this paragraph is subject to s.
   43  561.57(2) related to deliveries by licensees.
   44         3. This paragraph does not apply to a manufacturer who:
   45         a. Has a franchise agreement with a distributor pursuant to
   46  s. 563.022; or
   47         b. Has a total production volume of more than 7,000 kegs of
   48  malt beverages a year.
   49         (3)(a) Notwithstanding other provisions of the Beverage
   50  Law, any vendor licensed in this state may be licensed as a
   51  manufacturer of malt beverages upon a finding by the division
   52  that:
   53         1. The vendor will be engaged in brewing malt beverages at
   54  a single location and in an amount which will not exceed 10,000
   55  kegs per year. For purposes of this section subsection, the term
   56  “keg” means 15.5 gallons.
   57         2. The malt beverages so brewed will be sold to consumers
   58  for consumption on the vendor’s licensed premises or on
   59  contiguous licensed premises owned by the vendor.
   60         (4) Notwithstanding any other provision of the Beverage
   61  Law, any vendor licensed as a manufacturer under this section
   62  may transfer malt beverages to any restaurant with which it has
   63  common ownership affiliations, which restaurant is part of a
   64  restaurant group that comprises not more than 15 restaurants.
   65         Section 2. Subsection (1) of section 561.5101, Florida
   66  Statutes, is amended to read:
   67         561.5101 Come-to-rest requirement; exceptions; penalties.—
   68         (1) For purposes of inspection and tax-revenue control, all
   69  malt beverages, except those manufactured and sold by the same
   70  licensee, pursuant to s. 561.221(2) or (3), must come to rest at
   71  the licensed premises of an alcoholic beverage wholesaler in
   72  this state before being sold to a vendor by the wholesaler. The
   73  prohibition contained in this subsection does not apply to the
   74  shipment of malt beverages commonly known as private labels. The
   75  prohibition contained in this subsection shall not prevent a
   76  manufacturer from shipping malt beverages for storage at a
   77  bonded warehouse facility, provided that such malt beverages are
   78  distributed as provided in this subsection or to an out-of-state
   79  entity. The prohibition contained in this subsection does not
   80  apply to a manufacturer delivering malt beverages to a licensed
   81  vendor as provided in s. 561.221(2)(f).
   82         Section 3. Subsection (2) of section 561.57, Florida
   83  Statutes, is amended to read:
   84         561.57 Deliveries by licensees.—
   85         (2) Deliveries made by a manufacturer or distributor away
   86  from his or her place of business may be made only in vehicles
   87  that are owned or leased by the licensee. However, a
   88  manufacturer authorized to make deliveries under s.
   89  561.221(2)(f) to the licensed premises of a vendor may transport
   90  malt beverages if the vehicle used to transport the alcoholic
   91  beverages is owned or leased by the manufacturer or any person
   92  who has been disclosed on a license application filed by the
   93  manufacturer and approved by the division. By acceptance of an
   94  alcoholic beverage license and the use of such vehicles, the
   95  licensee agrees that such vehicle shall always be subject to be
   96  inspected and searched without a search warrant, for the purpose
   97  of ascertaining that all provisions of the alcoholic beverage
   98  laws are complied with, by authorized employees of the division
   99  and also by sheriffs, deputy sheriffs, and police officers
  100  during business hours or other times the vehicle is being used
  101  to transport or deliver alcoholic beverages.
  102         Section 4. Paragraph (d) of subsection (14) of section
  103  563.022, Florida Statutes, is amended to read:
  104         563.022 Relations between beer distributors and
  105  manufacturers.—
  106         (14) MANUFACTURER; PROHIBITED INTERESTS.—
  107         (d) Nothing in the Beverage Law shall be construed to
  108  prohibit a manufacturer from shipping products to or between its
  109  breweries, or between its breweries and the licensed premises of
  110  a vendor as provided in s. 561.221(2)(f), without a
  111  distributor’s license.
  112         Section 5. This act shall take effect July 1, 2022.