Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS for HB 961
Senate . House
Floor: WD .
03/07/2018 11:03 AM .
Senator Brandes moved the following:
1 Senate Amendment (with title amendment)
3 Between lines 117 and 118
5 Section 2. Section 564.05, Florida Statutes, is repealed.
6 Section 3. Section 564.055, Florida Statutes, is amended to
8 564.055 Cider containers and growlers.—Notwithstanding any
9 other law to the contrary:
10 (1) Cider, as defined in s. 564.06(4), may be sold by
11 vendors at retail in any size individual container containing no
12 more than 32 ounces of cider.
13 (2) Cider may also be packaged, filled, refilled, or sold
14 in a growler that holds 32, 64, or 128 ounces of such cider if
15 it is filled at the point of sale.
16 (a) Cider packaged in a growler may be filled or refilled
17 by a licensed manufacturer of wine holding a vendor’s license
18 under s. 561.221(1)(a) or any person authorized to fill or
19 refill a malt beverage growler pursuant to s. 563.06(7)(a)1.-3.
20 (b) A growler must include an imprint or label that
21 provides information specifying the name of the manufacturer,
22 the brand, and the anticipated percentage of alcohol by volume
23 of the cider. The package must have an unbroken seal or be
24 incapable of being immediately consumed.
25 (c) A licensee authorized to fill or refill growlers may
26 not use growlers for the purposes of distribution or sale
27 outside of the licensed manufacturing premises or licensed
28 vendor premises.
29 (d) A person, firm, or corporation, including its agents,
30 officers, or employees, that violates this subsection commits a
31 misdemeanor of the first degree, punishable as provided in s.
32 775.082 or s. 775.083, and the license held by the person, firm,
33 or corporation, if any, is subject to revocation or suspension
34 by the division. A person, firm, or corporation, including its
35 agents, officers, or employees, that violates paragraph (b) may
36 be subject to a fine by the division of up to $250.
37 (3) ; however, This section does not prohibit cider from
38 being packaged and sold in bulk, in kegs or barrels, or in any
39 individual container that contains 1 gallon or more of cider,
40 regardless of container type.
41 Section 4. Section 564.09, Florida Statutes, is amended to
43 564.09 Restaurants; off-premises consumption of wine.
44 Notwithstanding any other provision of law, a restaurant
45 licensed to sell wine on the premises may permit a patron to
46 remove one unsealed bottle of wine for consumption off the
47 premises if the patron has purchased a full course meal
48 consisting of a salad or vegetable, entree, a beverage, and
49 bread and consumed a portion of the bottle of wine w ith such
50 meal on the restaurant premises. A partially consumed bottle of
51 wine that is to be removed from the premises must be securely
52 resealed by the licensee or its employees before removal from
53 the premises. The partially consumed bottle of wine shall be
54 placed in a bag or other container that is secured in such a
55 manner that it is visibly apparent if the container has been
56 subsequently opened or tampered with, and a dated receipt for
57 the bottle of wine and full course meal shall be provided by the
58 licensee and attached to the container. If transported in a
59 motor vehicle, the container with the resealed bottle of wine
60 must be placed in a locked glove compartment, a locked trunk, or
61 the area behind the last upright seat of a motor vehicle that is
62 not equipped with a trunk.
63 Section 5. Paragraphs(a) and (b) of subsection (1) and
64 paragraph (c) of subsection (2) of section 565.03, Florida
65 Statutes, are amended to read:
66 565.03 License fees; manufacturers, distributors, brokers,
67 sales agents, and importers of alcoholic beverages; vendor
68 licenses and fees; distilleries and craft distilleries.—
69 (1) As used in this section, the term:
70 (a) “Branded product” means any distilled spirits product
71 manufactured on site, or manufactured on site and blended on
72 site with other distilled spirits, which requires a federal
73 certificate and label approval by the Federal Alcohol
74 Administration Act or federal regulations.
75 (b) “Craft distillery” means a licensed distillery that
76 produces 250,000 75,000 or fewer gallons per calendar year of
77 distilled spirits on its premises and is designated as a craft
78 distillery by has notified the division upon notification in
79 writing of its decision to qualify as a craft distillery.
81 (c) A craft distillery licensed under this section may sell
82 to consumers, at its souvenir gift shop, up to 75,000 gallons
83 per calendar year of branded products distilled on its premises
84 in this state in factory-sealed containers that are filled at
85 the distillery for off-premises consumption. Such sales are
86 authorized only on private property contiguous to the licensed
87 distillery premises in this state and included on the sketch or
88 diagram defining the licensed premises submitted with the
89 distillery’s license application. All sketch or diagram
90 revisions by the distillery shall require the division’s
91 approval verifying that the souvenir gift shop location operated
92 by the licensed distillery is owned or leased by the distillery
93 and on property contiguous to the distillery’s production
94 building in this state.
95 1. A craft distillery may not sell any factory-sealed
96 individual containers of spirits except in face-to-face sales
97 transactions with consumers who are making a purchase of no more
98 than six individual containers of each branded product.
99 2. Each container sold in face-to-face transactions with
100 consumers must comply with the container limits in s. 565.10,
101 per calendar year for the consumer’s personal use and not for
102 resale and who are present at the distillery’s licensed premises
103 in this state.
104 3. A craft distillery must report to the division within 5
105 days after it reaches the production limitations provided in
106 paragraph (1)(b). Any retail sales to consumers at the craft
107 distillery’s licensed premises are prohibited beginning the day
108 after it reaches the production limitation.
109 4. A craft distillery may not ship or arrange to ship any
110 of its distilled spirits to consumers and may sell and deliver
111 only to consumers within the state in a face-to-face transaction
112 at the distillery property. However, a craft distiller licensed
113 under this section may ship, arrange to ship, or deliver such
114 spirits to manufacturers of distilled spirits, wholesale
115 distributors of distilled spirits, state or federal bonded
116 warehouses, and exporters.
117 5. Except as provided in subparagraph 6., it is unlawful to
118 transfer a distillery license for a distillery that produces
119 250,000 75,000 or fewer gallons per calendar year of distilled
120 spirits on its premises or any ownership interest in such
121 license to an individual or entity that has a direct or indirect
122 ownership interest in any distillery licensed in this state;
123 another state, territory, or country; or by the United States
124 government to manufacture, blend, or rectify distilled spirits
125 for beverage purposes.
126 6. A craft distillery shall not have its ownership
127 affiliated with another distillery, unless such distillery
128 produces 250,000 75,000 or fewer gallons per calendar year of
129 distilled spirits on each of its premises in this state or in
130 another state, territory, or country.
131 7. A craft distillery may transfer up to 75,000 gallons per
132 calendar year of distilled spirits it manufactures from its
133 federal bonded space, nonbonded space at its licensed premises,
134 or storage areas to its souvenir gift shop.
136 ================= T I T L E A M E N D M E N T ================
137 And the title is amended as follows:
138 Delete line 13
139 and insert:
140 terms “case” and “glassware”; repealing s. 564.05,
141 F.S., relating to limitations on the size of
142 individual wine containers; amending s. 564.055, F.S.;
143 authorizing the packaging, filling, refilling, or sale
144 of cider in growlers of specified sizes and under
145 specified circumstances; providing labeling and
146 packaging requirements for cider growlers; restricting
147 the use of cider growlers; providing criminal and
148 civil penalties and license revocation or suspension
149 for certain persons or licensees who violate
150 provisions regulating cider growlers; amending s.
151 564.09, F.S.; revising provisions authorizing a
152 restaurant to allow a patron to remove bottles of wine
153 from a restaurant for off-premises consumption;
154 amending s. 565.03, F.S.; redefining the terms
155 “branded product” and “craft distillery”; providing
156 limitations on retail sales by a craft distillery to
157 consumers; deleting a provision that prohibits a craft
158 distillery from selling more than six individual
159 containers of a branded product to a consumer;
160 providing that it is unlawful to transfer a distillery
161 license, or ownership in a distillery license, for
162 certain distilleries to certain individuals or
163 entities; prohibiting a craft distillery from having
164 its ownership affiliated with certain other
165 distilleries; authorizing a craft distillery to
166 transfer distilled spirits from certain locations to
167 its souvenir gift shop; providing an effective