Senate Bill sb1692c1

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    Florida Senate - 2003                           CS for SB 1692

    By the Committee on Regulated Industries; and Senator Margolis





    315-2509-03

  1                      A bill to be entitled

  2         An act relating to the Beverage Law; amending

  3         s. 561.32, F.S., relating to transfer of

  4         certain licenses to sell alcoholic beverages;

  5         providing an exception to a waiver of certain

  6         transfer fees when the transfer is within a

  7         specified period; amending s. 561.221, F.S.;

  8         amending the purposes of certain permits issued

  9         by the Division of Alcoholic Beverages and

10         Tobacco; amending s. 561.57, F.S.; amending

11         provisions relating to the vehicles used in

12         making deliveries of alcoholic beverages;

13         amending s. 599.004, F.S.; allowing a Florida

14         Farm Winery to lease its premises to a vendor;

15         allowing sales to occur only on the premises of

16         the winery; providing an effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Subsection (5) of section 561.32, Florida

21  Statutes, is amended to read:

22         561.32  Transfer of licenses; change of officers or

23  directors; transfer of interest.--

24         (4)(a)  Except as provided in paragraph (b), a license

25  issued under s. 561.20(1) shall not be transferable in any

26  manner, either directly or indirectly, including by any change

27  in stock, partnership shares, or other form of ownership of

28  any entity holding the license, except by probate or

29  guardianship proceedings, for a period of 3 years from the

30  date of original issuance. Any attempted assignment, sale, or

31  transfer of interest in such license either directly or

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    Florida Senate - 2003                           CS for SB 1692
    315-2509-03




 1  indirectly in violation of this provision is hereby declared

 2  void, and the license shall be deemed abandoned and shall

 3  revert to the state to be issued in the manner provided by law

 4  for issuance of new licenses.

 5         (b)  A license issued under s. 561.20(1) may be

 6  transferred as provided by law within the 3-year period only

 7  upon payment to the division of a transfer fee in an amount

 8  equal to 15 times the annual license fee specified in s.

 9  565.02(1)(b)-(f) in the county in which the license is valid.

10  However, if the county is only authorized for the issuance of

11  liquor licenses for package sales only, the transfer fee shall

12  be in an amount equal to 15 times the annual license fee

13  specified in s. 565.02(1)(a). Subsequent to any such transfer,

14  the transferee shall be subject to the provisions of the

15  beverage laws with respect to the requirement for initial

16  issuance of a license. Any change of ownership in any manner,

17  either directly or indirectly, including any change in stock,

18  partnership shares, or other form of ownership of any entity

19  holding the license shall be considered a transfer and subject

20  to the fees set forth in this paragraph. The transfer fees

21  provided for in this paragraph shall be in addition to any

22  other transfer fee provided for by this section. The funds

23  collected pursuant to this paragraph shall be deposited in the

24  Alcoholic Beverages and Tobacco Trust Fund and shall be used

25  by the division to defray the costs of operation.

26         (5)  The division shall waive the transfer fee and the

27  delinquent penalties, but not the license renewal fee, when

28  the transfer of an interest in an alcoholic beverage license

29  occurs by operation of law because of a death, judicial

30  proceedings, court appointment of a fiduciary, foreclosure or

31  forced judicial sale, bankruptcy proceedings, or seizure of a

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    Florida Senate - 2003                           CS for SB 1692
    315-2509-03




 1  license by a government agency. The waiver provided for in

 2  this subsection shall not apply to transfers made within the

 3  3-year period set forth in subsection (4).

 4         Section 2.  Subsection (1) of section 561.221, Florida

 5  Statutes, is amended to read:

 6         561.221  Licensing of manufacturers and distributors as

 7  vendors and of vendors as manufacturers; conditions and

 8  limitations.--

 9         (1)(a)  Nothing contained in s. 561.22, s. 561.42, or

10  any other provision of the Beverage Law prohibits the

11  ownership, management, operation, or control of not more than

12  three vendor's licenses for the sale of alcoholic beverages by

13  a manufacturer of wine who is licensed and engaged in the

14  manufacture of wine in this state, even if such manufacturer

15  is also licensed as a distributor; provided that no such

16  vendor's license shall be owned, managed, operated, or

17  controlled by any licensed manufacturer of wine unless the

18  licensed premises of the vendor are situated on property

19  contiguous to the manufacturing premises of the licensed

20  manufacturer of wine.

21         (b)  The Division of Alcoholic Beverages and Tobacco

22  shall issue permits to a certified Florida Farm Winery to

23  conduct tastings tasting and sales of wine produced by

24  certified Florida Farm Wineries at Florida fairs, trade shows,

25  expositions, and festivals. The certified Florida Farm Winery

26  shall pay all entry fees and shall have a winery

27  representative present during the event. The permit is limited

28  to the length of the event.

29         (c)  The Division of Alcoholic Beverages and Tobacco

30  shall issue permits to vendors to conduct tastings and sales

31  

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    Florida Senate - 2003                           CS for SB 1692
    315-2509-03




 1  of wine at Florida fairs, trade shows, expositions, and

 2  festivals. The permit is limited to the length of the event.

 3         Section 3.  Subsection (2) of section 561.57, Florida

 4  Statutes, is amended to read:

 5         561.57  Deliveries by licensees.--

 6         (2)  Manufacturers and distributors may make deliveries

 7  to other manufacturers and distributors in vehicles that are

 8  owned or leased by the licensee or by common carrier.

 9  Distributors may make deliveries to vendors in vehicles that

10  are owned or leased by the licensee or by common carrier.

11  Vendors may make deliveries to consumers in vehicles that are

12  owned or leased by the licensee or by common carrier. However,

13  a vendor that holds a manufacturer's or distributor's license

14  in the same entity as the vendor or in a subsidiary or

15  affiliated entity may not make any deliveries to consumers.

16  Deliveries made by a manufacturer, distributor, or vendor away

17  from his or her place of business may be made only in vehicles

18  which are owned or leased by the licensee.  By acceptance of

19  an alcoholic beverage license and the use of such vehicles

20  that are owned or leased by the licensee, the licensee agrees

21  that such vehicle shall always be subject to be inspected and

22  searched without a search warrant, for the purpose of

23  ascertaining that all provisions of the alcoholic beverage

24  laws are complied with, by authorized employees of the

25  division and also by sheriffs, deputy sheriffs, and police

26  officers during business hours or other times the vehicle is

27  being used to transport or deliver alcoholic beverages.

28         Section 4.  Subsection (1) of section 599.004, Florida

29  Statutes, is amended to read:

30         599.004  Florida Farm Winery Program; registration;

31  logo; fees.--

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    Florida Senate - 2003                           CS for SB 1692
    315-2509-03




 1         (1)  The Florida Farm Winery Program is established

 2  within the Department of Agriculture and Consumer Services.

 3  Under this program, a winery may qualify as a tourist

 4  attraction only if it is registered with and certified by the

 5  department as a Florida Farm Winery.  Notwithstanding any

 6  other provision of the Beverage Law, a Florida Farm Winery may

 7  lease a portion of its premises to a vendor. A winery may not

 8  claim to be certified unless it has received written approval

 9  from the department.

10         (a)  To qualify as a certified Florida Farm Winery, a

11  winery shall meet the following standards:

12         1.  Produce or sell less than 250,000 gallons of wine

13  annually.

14         2.  Maintain a minimum of 10 acres of owned or managed

15  vineyards in Florida.

16         3.  Be open to the public for tours, tastings, and

17  sales at least 30 hours each week. Sales may occur only on the

18  premises of the Florida Farm Winery.

19         4.  Make annual application to the department for

20  recognition as a Florida Farm Winery, on forms provided by the

21  department.

22         5.  Pay an annual application and registration fee of

23  $100.

24         (b)  To maintain certification and recognition as a

25  Florida Farm Winery, a winery must comply with the

26  qualifications provided in this section.  The Commissioner of

27  Agriculture is authorized to officially recognize a certified

28  Florida Farm Winery as a state tourist attraction.

29         Section 5.  This act shall take effect upon becoming a

30  law.

31  

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    Florida Senate - 2003                           CS for SB 1692
    315-2509-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1692

 3                                 

 4  The committee substitute adds section 2 to delete the
    provision that under current law permits a Florida Farm Winery
 5  to conduct sales of wine at Florida fairs, trade shows,
    expositions, and festivals.  It permits vendors to conduct
 6  wine tastings and sales at such events.

 7  It adds section 3 to authorize manufacturers, distributors,
    and vendors to make deliveries by common carrier.  It provides
 8  that a vendor may not make any deliveries if it holds a
    manufacturer's or distributor's license in the same entity as
 9  the vendor or in a subsidiary or affiliated entity.

10  It adds section 4 to permit a Florida Farm Winery to lease a
    portion of its premises to a vendor.  It provides that sales
11  of alcoholic beverages by certified Florida Farm Wineries can
    only occur on the premises of the Florida Farm Winery.
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