Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 388
       
       
       
       
       
       
                                Ì245388RÎ245388                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             05/05/2017 03:46 PM       .                                
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       Senator Hutson moved the following:
       
    1         Senate Amendment to House Amendment (360349) (with title
    2  amendment)
    3  
    4         Delete lines 5 - 130
    5  and insert:
    6         Section 1. Section 561.14, Florida Statutes, is amended to
    7  read:
    8         561.14 License and registration classification.—Licenses
    9  and registrations referred to in the Beverage Law shall be
   10  classified as follows:
   11         (1) Manufacturers licensed to manufacture alcoholic
   12  beverages and distribute the same at wholesale to licensed
   13  distributors and to no one else within the state, unless
   14  authorized by statute. Persons engaged in the business of
   15  distilling, rectifying, or blending spirituous liquors licensed
   16  under s. 565.03(2) shall sell and distribute such beverages at
   17  wholesale only to other manufacturers and to licensed
   18  distributors and to no one else within this state.
   19         (2) Distributors licensed to sell and distribute alcoholic
   20  beverages at wholesale to persons who are licensed to sell
   21  alcoholic beverages.
   22         (3) Vendors licensed to sell alcoholic beverages at retail
   23  only. No vendor shall purchase or acquire in any manner for the
   24  purpose of resale any alcoholic beverages from any person not
   25  licensed as a vendor, manufacturer, bottler, or distributor
   26  under the Beverage Law. Purchases of alcoholic beverages by
   27  vendors from vendors shall be strictly limited to purchases
   28  between members of a pool buying group for which the initial
   29  purchase of the alcoholic beverages was ordered by a pool buying
   30  agent as a single transaction. No vendor shall be a member of
   31  more than one cooperative or pool buying group at any time. No
   32  vendor shall import, or engage in the importation of, any
   33  alcoholic beverages from places beyond the limits of the state.
   34         (4) Brokers or sales agents, whether resident or
   35  nonresident, licensed to sell, or to cause to be sold, shipped,
   36  and invoiced, alcoholic beverages to licensed manufacturers or
   37  licensed distributors, and to no one else, in this state. Such
   38  licensed brokers or sales agents, except as relates to malt
   39  beverages, only shall represent one or more primary American
   40  sources of supply, registered as such with the division, and may
   41  be compensated on a commission or remuneration basis and shall
   42  have no direct or indirect affiliation with any vendor licensed
   43  in this state. This license classification does not include
   44  manufacturers’ representatives who are registered with the
   45  division under the provisions of ss. 564.045(1) and (2) and
   46  565.095(1) and (2).
   47         (5) Importers, whether resident or nonresident, licensed to
   48  sell, or to cause to be sold, shipped, and invoiced, alcoholic
   49  beverages to licensed manufacturers or licensed distributors,
   50  and to no one else, in this state; provided that the provisions
   51  of ss. 564.045 and 565.095 are in no way violated by such
   52  imports. Such licensed importers shall have no direct or
   53  indirect affiliation with any vendor licensed in this state. The
   54  holder of an importer’s license shall be considered as having
   55  complied with the licensing requirements of a broker or sales
   56  agent. This license classification does not include
   57  manufacturers’ representatives who are registered with the
   58  division under the provisions of ss. 564.045(1) and (2) and
   59  565.095(1) and (2).
   60         (6) Bottle clubs. It is the finding of the Legislature that
   61  bottle clubs are susceptible to a distinct and separate
   62  classification under the Beverage Law for purposes of regulating
   63  establishments permitting the consumption of alcoholic
   64  beverages. Any person operating a bottle club must be licensed
   65  pursuant to this chapter and may not hold any other alcoholic
   66  beverage license for such premises while licensed as a bottle
   67  club. Nothing in this subsection shall be construed to permit
   68  the purchase at wholesale or retail of alcoholic beverages for
   69  supplying or reselling to the patrons pursuant to a license
   70  issued under this chapter. Any such business shall be subject to
   71  all general, special, and local laws regulating vendors of
   72  alcoholic beverages. Bottle club licenses shall be issued at a
   73  fee of $500 annually and shall be renewed in accordance with the
   74  schedule set out in ss. 561.26 and 561.27. This subsection shall
   75  include bottle clubs in existence on January 1, 1991. The
   76  Division of Alcoholic Beverages and Tobacco is hereby authorized
   77  to adopt rules to carry out the purposes of this section.
   78         (7) Exporters registered to sell alcoholic beverages.
   79         Section 2. Section 561.221, Florida Statutes, is repealed.
   80         Section 3. Section 561.24, Florida Statutes, is amended to
   81  read:
   82         561.24 Licensing manufacturers as distributors or
   83  registered exporters prohibited; procedure for issuance and
   84  renewal of distributors’ licenses and exporters’ registrations.—
   85         (1) A manufacturer, rectifier, or distiller that
   86  manufactures, rectifies, or distills spirituous liquors or wine
   87  may not be granted a license as a distributor and may not
   88  register as an exporter.
   89         (2) A manufacturer, rectifier, or distiller that
   90  manufactures, rectifies, or distills spirituous liquors or wine
   91  may not be granted a renewal of a license or registration
   92  previously held as a distributor or exporter.
   93         (3) If the applicant for a distributor’s license or
   94  exporter’s registration, or renewal thereof, is an individual or
   95  copartnership, such individual or copartnership is within the
   96  provisions of subsection (1) or subsection (2), as the case may
   97  be, if the individual or any member of the copartnership is
   98  interested or connected, directly or indirectly, with any
   99  corporation which is engaged directly or indirectly or through
  100  any subsidiary or affiliate corporation, including any stock
  101  ownership as set forth in subsection (4), in manufacturing,
  102  rectifying, or distilling spirituous liquors or wine. If any
  103  individual or any member of such copartnership within 6 months
  104  next preceding the making of an application hereunder has been
  105  interested or connected as provided by this subsection, such
  106  individual or such member of the copartnership shall be prima
  107  facie presumed to be so interested or connected with such
  108  corporation at the time of the making of the application, and
  109  such prima facie presumption shall continue until overcome by
  110  the applicant.
  111         (4) If the applicant for a distributor’s license or
  112  exporter’s registration, or for the renewal thereof, is a
  113  corporation, such corporation is within the provisions of
  114  subsections (1) and (2), as the case may be, if such corporation
  115  is affiliated with, directly or indirectly, any other
  116  corporation which is engaged in manufacturing, rectifying, or
  117  distilling spirituous liquors or wine or if such applicant
  118  corporation is controlled by, or the majority of stock therein
  119  is owned by, another corporation, which latter corporation is
  120  engaged, directly or indirectly, in manufacturing, rectifying,
  121  or distilling spirituous liquors or wine.
  122         (5) Notwithstanding any of the provisions of the foregoing
  123  subsections, any corporation which holds a license as a
  124  distributor on June 3, 1947, shall be entitled to a renewal
  125  thereof, provided such corporation complies with all of the
  126  provisions of the Beverage Law of Florida, as amended, and of
  127  this section and establishes by satisfactory evidence to the
  128  division that, during the 6-month period next preceding its
  129  application for such renewal, of the total volume of its sales
  130  of spirituous liquors, in either dollars or quantity, not more
  131  than 40 percent of such spirituous liquors sold by it, in either
  132  dollars or quantity, were manufactured, rectified, or distilled
  133  by any corporation with which the applicant is affiliated,
  134  directly or indirectly, including any corporation which owns or
  135  controls in any way any stock in the applicant corporation or
  136  any corporation which is a subsidiary or affiliate of the
  137  corporation so owning stock in the applicant corporation. Any
  138  manufacturer of wine holding a license as a distributor on the
  139  effective date of this act shall be entitled to a renewal of
  140  such license notwithstanding the provisions of subsections (1)
  141  (5). This section does not apply to any winery qualifying as a
  142  certified Florida Farm Winery under s. 599.004.
  143         (1)(6) Any person, copartnership, or corporation applying
  144  for a distributor’s license under the provisions of this section
  145  shall file a written or printed application therefor with the
  146  division. Such application shall be sworn to by the applicant or
  147  a member of the copartnership or an officer of the corporation,
  148  depending upon whether the applicant is an individual,
  149  copartnership, or corporation. Forms for such applications shall
  150  be provided by the division. Every such application shall set
  151  forth clear and detailed information necessary and sufficient to
  152  establish the right of the applicant under the provisions of
  153  this section to receive a license. The information herein
  154  required to be set forth shall be in addition to any information
  155  required to be set forth by any other provision of applicable
  156  law. Any application failing to comply fully with the provisions
  157  of this section shall be denied.
  158         (2)(7) No license of any distributor shall be renewed if
  159  the license of such distributor and continuations thereof have
  160  been revoked or if the qualifications of such distributor have
  161  been impaired.
  162         (3)(8) Any maneuver, shift, or device by any applicant
  163  whereby any provision of this section, in any manner, is sought
  164  to be avoided or evaded constitutes a felony of the third
  165  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  166  775.084.
  167         Section 4. Section 561.42, Florida Statutes, is repealed.
  168         Section 5. Paragraph (a) of subsection (2) of section
  169  561.32, Florida Statutes, is amended to read:
  170         561.32 Transfer of licenses; change of officers or
  171  directors; transfer of interest.—
  172         (2)(a) No person is entitled as a matter of right to a
  173  transfer of a license or interest in a license to a relative or
  174  to any other person or to a change of executive officers or
  175  directors:
  176         1. If the division has notified the licensee in writing
  177  that a revocation, suspension, or administrative proceeding or a
  178  proceeding under s. 561.42 has been or will be brought against
  179  the license; or
  180         2. If a licensee, executive officer, director, or person
  181  holding an interest in the license or business has been
  182  arrested, charged, indicted, or convicted, or has appealed the
  183  conviction, of a crime which is disqualifying under the
  184  alcoholic beverage laws. Any licensee, executive officer,
  185  director, or person holding an interest in a license or business
  186  who is arrested, charged, indicted, or convicted, or has
  187  appealed the conviction, of a crime which is disqualifying under
  188  the alcoholic beverage laws is required to immediately notify
  189  the division in writing of such action.
  190  
  191  It is unlawful to transfer or attempt to transfer any license or
  192  interest in a license or business or change executive officers
  193  or directors contrary to the provisions of this section.
  194         Section 6. Section 561.423, Florida Statutes, is amended to
  195  read:
  196         561.423 Beer and malt beverages; in-store servicing
  197  authorized.—No Nothing in s. 561.42 or any other provision of
  198  the Beverage Law shall prohibit a distributor of beer or malt
  199  beverages from providing in-store servicing of beer or malt
  200  beverages. “In-store servicing” as used herein means quality
  201  control procedures which include, but are not limited to:
  202  rotation of malt beverages on the vendor’s shelves, rotation and
  203  placing of malt beverages in vendor’s coolers, proper stacking
  204  and maintenance of appearance and display of malt beverages on
  205  vendor’s shelves, price-stamping of malt beverages in vendor’s
  206  licensed premises, and moving or resetting any product or
  207  display in order to display a distributor’s own product when
  208  authorized by the vendor.
  209         Section 7. Subsection (2) of section 561.424, Florida
  210  Statutes, is amended to read:
  211         561.424 Vinous beverages; in-store servicing authorized.—
  212         (2) No Nothing in s. 561.42 or any other provision of the
  213  alcoholic beverage law shall prohibit a distributor of wine from
  214  providing in-store servicing of wine sold by such distributor to
  215  a vendor. “In-store servicing” as used herein means: placing the
  216  wine on the vendor’s shelves and maintaining the appearance and
  217  display of said wine on the vendor’s shelves in the vendor’s
  218  licensed premises; placing the wine not so shelved or displayed
  219  in a storage area designated by the vendor, which is located in
  220  the vendor’s licensed premises; rotation of vinous beverages;
  221  and price stamping of vinous beverages in vendor’s licensed
  222  premises. This section shall not apply to distilled spirits.
  223         Section 8. Subsection (1) of section 561.5101, Florida
  224  Statutes, is amended to read:
  225         561.5101 Come-to-rest requirement; exceptions; penalties.—
  226         (1) For purposes of inspection and tax-revenue control, all
  227  malt beverages, except those manufactured and sold by the same
  228  licensee, pursuant to s. 561.221(2) or (3), must come to rest at
  229  the licensed premises of an alcoholic beverage wholesaler in
  230  this state before being sold to a vendor by the wholesaler. The
  231  prohibition contained in this subsection does not apply to the
  232  shipment of malt beverages commonly known as private labels. The
  233  prohibition contained in this subsection shall not prevent a
  234  manufacturer from shipping malt beverages for storage at a
  235  bonded warehouse facility, provided that such malt beverages are
  236  distributed as provided in this subsection or to an out-of-state
  237  entity.
  238         Section 9. Subsection (2) of section 563.02, Florida
  239  Statutes, is amended to read:
  240         563.02 License fees; vendors; manufacturers and
  241  distributors.—
  242         (2) Each manufacturer engaged in the business of brewing
  243  only malt beverages shall pay an annual state license tax of
  244  $3,000 for each plant or branch he or she may operate. However,
  245  each manufacturer engaged in the business of brewing less than
  246  10,000 kegs of malt beverages annually for consumption on the
  247  premises pursuant to s. 561.221(3) shall pay an annual state
  248  license tax of $500 for each plant or branch.
  249         Section 10. Paragraph (b) of subsection (14) of section
  250  563.022, Florida Statutes, is amended to read:
  251         563.022 Relations between beer distributors and
  252  manufacturers.—
  253         (14) MANUFACTURER; PROHIBITED INTERESTS.—
  254         (b) Except as provided in paragraph (c), no entity or
  255  person specified in paragraph (a) may have an interest in the
  256  license, business, assets, or corporate stock of a licensed
  257  distributor nor shall such entity sell directly to any vendor in
  258  this state other than to licensed vendors who are licensed
  259  pursuant to s. 561.221(2).
  260         Section 11. Subsection (1) and paragraph (a) of subsection
  261  (7) of section 563.06, Florida Statutes, is amended to read:
  262         563.06 Malt beverages; imprint on individual container;
  263  size of containers; exemptions.—
  264         (1) All taxable malt beverages packaged in individual
  265  containers possessed by any person in the state for the purpose
  266  of sale or resale in the state, except operators of railroads,
  267  sleeping cars, steamships, buses, and airplanes engaged in
  268  interstate commerce and licensed under this section, shall have
  269  imprinted thereon in clearly legible fashion by any permanent
  270  method the word “Florida” or “FL” and no other state name or
  271  abbreviation of any state name in not less than 8-point type.
  272  The word “Florida” or “FL” shall appear first or last, if
  273  imprinted in conjunction with any manufacturer’s code. A
  274  facsimile of the imprinting and its location as it will appear
  275  on the individual container shall be submitted to the division
  276  for approval.
  277         (7) Notwithstanding any other provision of the Beverage
  278  Law, a malt beverage may be packaged in a growler, which is an
  279  individual container that holds 32, 64, or 128 ounces of such
  280  malt beverage if it is filled at the point of sale.
  281         (a) A growler may be filled or refilled by any of the
  282  following:
  283         1. A licensed manufacturer of malt beverages holding a
  284  vendor’s license under s. 561.221(2).
  285         2. A vendor holding a quota license under s. 561.20(1) or
  286  s. 565.02(1)(a) which authorizes the sale of malt beverages.
  287         3. A vendor holding a license under s. 563.02(1)(b)-(f), s.
  288  564.02(1)(b)-(f), or s. 565.02(1)(b)-(f), unless such license
  289  restricts the sale of malt beverages to sale for consumption
  290  only on the premises of such vendor.
  291         4. A vendor holding a license pursuant to s. 563.02(1)(a)
  292  or s. 564.02(1)(a), having held that license in current, active
  293  status on June 30, 2015, subject to the following requirements:
  294         a. The vendor proves, to the satisfaction of the division,
  295  that the vendor had draft equipment and tapping accessories
  296  installed and had purchased kegs before June 30, 2015.
  297         b. The growlers are filled or refilled by the vendor or the
  298  vendor’s employee aged 18 or older.
  299         c. The taps or mechanisms used to fill or refill the
  300  growlers are not accessible to customers.
  301         d. The growlers meet the labeling and sealing requirements
  302  of paragraph (b).
  303         e. The vendor does not permit consumption on premises,
  304  including tastings or other sampling activities.
  305         Section 12. Section 563.13, Florida Statutes, is amended to
  306  read:
  307         563.13 Florida brewery directional signs; fees.—Upon the
  308  request of a licensed brewery licensed under s. 561.221(2) or
  309  (3) which produces a minimum of 2,500 barrels per year on the
  310  premises, is open to the public at least 30 hours per week, and
  311  is available for tours, the Department of Transportation shall
  312  install directional signs for the brewery on the rights-of-way
  313  of interstate highways and primary and secondary roads in
  314  accordance with Florida’s Highway Guide Sign Program as provided
  315  in chapter 14-51, Florida Administrative Code. A brewery
  316  licensed in this state which requests placement of a directional
  317  sign through the department’s permit process shall pay all
  318  associated costs.
  319         Section 13. Section 564.07, Florida Statutes, is amended to
  320  read:
  321         564.07 Wine lists furnished to vendors.—A distributor of
  322  vinous beverages in this state may furnish, give, rent, loan, or
  323  sell to a vendor, and a vendor may accept, alcoholic beverage
  324  lists, commonly referred to as “wine lists,without the same
  325  being a violation of s. 561.42(1).
  326         Section 14. Section 564.08, Florida Statutes, is amended to
  327  read:
  328         564.08 Wine tastings by distributors and vendors.—A
  329  licensed distributor of vinous beverages, or any vendor, is
  330  authorized to conduct wine tastings upon any licensed premises
  331  authorized to sell vinous or spirituous beverages by package or
  332  for consumption on premises without being in violation of s.
  333  561.42, provided that the conduct of the wine tasting shall be
  334  limited to and directed toward the general public of the age of
  335  legal consumption.
  336         Section 15. Section 565.16, Florida Statutes, is amended to
  337  read:
  338         565.16 Beverage lists furnished to vendors.—A distributor
  339  of spirituous beverages in this state may furnish, give, rent,
  340  loan, or sell to a vendor, and a vendor may accept, alcoholic
  341  beverage lists, otherwise referred to as “wine lists,without
  342  the same being a violation of s. 561.42(1).
  343         Section 16. Section 565.17, Florida Statutes, is amended to
  344  read:
  345         565.17 Beverage tastings by distributors and vendors.—A
  346  licensed distributor of spirituous beverages, or any vendor, is
  347  authorized to conduct spirituous beverage tastings upon any
  348  licensed premises authorized to sell spirituous beverages by
  349  package or for consumption on premises without being in
  350  violation of s. 561.42, provided that the conduct of the
  351  spirituous beverage tasting shall be limited to and directed
  352  toward the general public of the age of legal consumption.
  353         Section 17. This act shall take effect July 1, 2017.
  354  
  355  ================= T I T L E  A M E N D M E N T ================
  356  And the title is amended as follows:
  357         Delete lines 136 - 150
  358  and insert:
  359         An act relating to the Beverage Law; amending s.
  360         561.14, F.S.; revising classifications for licenses
  361         and registrations referred to in the Beverage Law for
  362         certain manufacturers licensed to manufacture
  363         alcoholic beverages and distribute the same at
  364         wholesale, distributors licensed to sell and
  365         distribute alcoholic beverages at wholesale, and
  366         vendors licensed to sell alcoholic beverages at retail
  367         only; deleting a requirement that certain licensed
  368         importers shall have no direct or indirect affiliation
  369         with any vendor licensed in this state; repealing s.
  370         561.221, F.S., relating to licensing of manufacturers
  371         and distributors as vendors and of vendors as
  372         manufacturers; amending s. 561.24, F.S.; deleting
  373         prohibitions specifying that a manufacturer,
  374         rectifier, or distiller that manufactures, rectifies,
  375         or distills spirituous liquors or wine may not be
  376         granted a license as a distributor, may not register
  377         as an exporter, and may not be granted a renewal of a
  378         license or registration previously held as a
  379         distributor or exporter; conforming provisions to
  380         changes made by the act; repealing s. 561.42, F.S.,
  381         relating to tied house evil; financial aid and
  382         assistance to vendor by manufacturer, distributor,
  383         importer, primary American source of supply, brand
  384         owner or registrant, or any broker, sales agent, or
  385         sales person thereof; amending ss. 561.32, 561.423,
  386         561.424, 561.5101, 563.02, 563.022, 563.06, 563.13,
  387         564.07, 564.08, 565.16, 565.17, F.S.; conforming
  388         provisions to changes made by the act; providing an
  389         effective date.