| 1 | A bill to be entitled |
| 2 | An act relating to the Beverage Law; amending s. 561.32, |
| 3 | F.S., relating to transfer of certain licenses to sell |
| 4 | alcoholic beverages; providing exception to waiver of |
| 5 | certain transfer fees when a described transfer is within |
| 6 | a specified period; amending s. 561.221, F.S.; revising |
| 7 | provisions for limited permits issued by the Division of |
| 8 | Alcoholic Beverages and Tobacco for wine tastings and |
| 9 | sales at certain events; amending s. 561.57, F.S.; |
| 10 | revising provisions limiting vehicles used in making |
| 11 | deliveries of alcoholic beverages; amending s. 599.004, |
| 12 | F.S.; allowing a Florida Farm Winery to lease its premises |
| 13 | to a vendor; allowing sales to occur only on the premises |
| 14 | of the winery; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Subsection (5) of section 561.32, Florida |
| 19 | Statutes, is amended to read: |
| 20 | 561.32 Transfer of licenses; change of officers or |
| 21 | directors; transfer of interest.-- |
| 22 | (4)(a) Except as provided in paragraph (b), a license |
| 23 | issued under s. 561.20(1) shall not be transferable in any |
| 24 | manner, either directly or indirectly, including by any change |
| 25 | in stock, partnership shares, or other form of ownership of any |
| 26 | entity holding the license, except by probate or guardianship |
| 27 | proceedings, for a period of 3 years from the date of original |
| 28 | issuance. Any attempted assignment, sale, or transfer of |
| 29 | interest in such license either directly or indirectly in |
| 30 | violation of this provision is hereby declared void, and the |
| 31 | license shall be deemed abandoned and shall revert to the state |
| 32 | to be issued in the manner provided by law for issuance of new |
| 33 | licenses. |
| 34 | (b) A license issued under s. 561.20(1) may be transferred |
| 35 | as provided by law within the 3-year period only upon payment to |
| 36 | the division of a transfer fee in an amount equal to 15 times |
| 37 | the annual license fee specified in s. 565.02(1)(b)-(f) in the |
| 38 | county in which the license is valid. However, if the county is |
| 39 | only authorized for the issuance of liquor licenses for package |
| 40 | sales only, the transfer fee shall be in an amount equal to 15 |
| 41 | times the annual license fee specified in s. 565.02(1)(a). |
| 42 | Subsequent to any such transfer, the transferee shall be subject |
| 43 | to the provisions of the beverage laws with respect to the |
| 44 | requirement for initial issuance of a license. Any change of |
| 45 | ownership in any manner, either directly or indirectly, |
| 46 | including any change in stock, partnership shares, or other form |
| 47 | of ownership of any entity holding the license shall be |
| 48 | considered a transfer and subject to the fees set forth in this |
| 49 | paragraph. The transfer fees provided for in this paragraph |
| 50 | shall be in addition to any other transfer fee provided for by |
| 51 | this section. The funds collected pursuant to this paragraph |
| 52 | shall be deposited in the Alcoholic Beverages and Tobacco Trust |
| 53 | Fund and shall be used by the division to defray the costs of |
| 54 | operation. |
| 55 | (5) The division shall waive the transfer fee and the |
| 56 | delinquent penalties, but not the license renewal fee, when the |
| 57 | transfer of an interest in an alcoholic beverage license occurs |
| 58 | by operation of law because of a death, judicial proceedings, |
| 59 | court appointment of a fiduciary, foreclosure or forced judicial |
| 60 | sale, bankruptcy proceedings, or seizure of a license by a |
| 61 | government agency. The waiver provided for in this subsection |
| 62 | shall not apply to transfers due to a foreclosure or forced |
| 63 | judicial sale made within the 3-year period set forth in |
| 64 | subsection (4). |
| 65 | Section 2. Subsection (1) of section 561.221, Florida |
| 66 | Statutes, is amended to read: |
| 67 | 561.221 Licensing of manufacturers and distributors as |
| 68 | vendors and of vendors as manufacturers; conditions and |
| 69 | limitations.-- |
| 70 | (1)(a) Nothing contained in s. 561.22, s. 561.42, or any |
| 71 | other provision of the Beverage Law prohibits the ownership, |
| 72 | management, operation, or control of not more than three |
| 73 | vendor's licenses for the sale of alcoholic beverages by a |
| 74 | manufacturer of wine who is licensed and engaged in the |
| 75 | manufacture of wine in this state, even if such manufacturer is |
| 76 | also licensed as a distributor; provided that no such vendor's |
| 77 | license shall be owned, managed, operated, or controlled by any |
| 78 | licensed manufacturer of wine unless the licensed premises of |
| 79 | the vendor are situated on property contiguous to the |
| 80 | manufacturing premises of the licensed manufacturer of wine. |
| 81 | (b) The Division of Alcoholic Beverages and Tobacco shall |
| 82 | issue permits to a certified Florida Farm Winery to conduct |
| 83 | tastings tasting and sales of wine produced by certified Florida |
| 84 | Farm Wineries at Florida fairs, trade shows, expositions, and |
| 85 | festivals. The certified Florida Farm Winery shall pay all entry |
| 86 | fees and shall have a winery representative present during the |
| 87 | event. The permit is limited to the length of the event. |
| 88 | (c) The Division of Alcoholic Beverages and Tobacco shall |
| 89 | issue permits to vendors to conduct tastings and sales of wine |
| 90 | at Florida fairs, trade shows, expositions, and festivals. The |
| 91 | permit is limited to the length of the event. |
| 92 | Section 3. Subsection (2) of section 561.57, Florida |
| 93 | Statutes, is amended to read: |
| 94 | 561.57 Deliveries by licensees.-- |
| 95 | (2) Manufacturers and distributors may make deliveries to |
| 96 | other manufacturers and distributors in vehicles that are owned |
| 97 | or leased by the licensee or by common carrier. Distributors may |
| 98 | make deliveries to vendors in vehicles that are owned or leased |
| 99 | by the licensee or by common carrier. Vendors may make |
| 100 | deliveries to consumers in vehicles that are owned or leased by |
| 101 | the licensee or by common carrier. However, a vendor that holds |
| 102 | a manufacturer's or distributor's license in the same entity as |
| 103 | the vendor or in a subsidiary or affiliated entity may not make |
| 104 | any deliveries to consumers Deliveries made by a manufacturer, |
| 105 | distributor, or vendor away from his or her place of business |
| 106 | may be made only in vehicles which are owned or leased by the |
| 107 | licensee. By acceptance of an alcoholic beverage license and the |
| 108 | use of such vehicles that are owned or leased by the licensee, |
| 109 | the licensee agrees that such vehicle shall always be subject to |
| 110 | be inspected and searched without a search warrant, for the |
| 111 | purpose of ascertaining that all provisions of the alcoholic |
| 112 | beverage laws are complied with, by authorized employees of the |
| 113 | division and also by sheriffs, deputy sheriffs, and police |
| 114 | officers during business hours or other times the vehicle is |
| 115 | being used to transport or deliver alcoholic beverages. |
| 116 | Section 4. Subsection (1) of section 599.004, Florida |
| 117 | Statutes, is amended to read: |
| 118 | 599.004 Florida Farm Winery Program; registration; logo; |
| 119 | fees.-- |
| 120 | (1) The Florida Farm Winery Program is established within |
| 121 | the Department of Agriculture and Consumer Services. Under this |
| 122 | program, a winery may qualify as a tourist attraction only if it |
| 123 | is registered with and certified by the department as a Florida |
| 124 | Farm Winery. Notwithstanding any other provision of the Beverage |
| 125 | Law, a Florida Farm Winery may lease a portion of its premises |
| 126 | to a vendor. A winery may not claim to be certified unless it |
| 127 | has received written approval from the department. |
| 128 | (a) To qualify as a certified Florida Farm Winery, a |
| 129 | winery shall meet the following standards: |
| 130 | 1. Produce or sell less than 250,000 gallons of wine |
| 131 | annually. |
| 132 | 2. Maintain a minimum of 10 acres of owned or managed |
| 133 | vineyards in Florida. |
| 134 | 3. Be open to the public for tours, tastings, and sales at |
| 135 | least 30 hours each week. Sales may occur only on the premises |
| 136 | of the Florida Farm Winery. |
| 137 | 4. Make annual application to the department for |
| 138 | recognition as a Florida Farm Winery, on forms provided by the |
| 139 | department. |
| 140 | 5. Pay an annual application and registration fee of $100. |
| 141 | (b) To maintain certification and recognition as a Florida |
| 142 | Farm Winery, a winery must comply with the qualifications |
| 143 | provided in this section. The Commissioner of Agriculture is |
| 144 | authorized to officially recognize a certified Florida Farm |
| 145 | Winery as a state tourist attraction. |
| 146 | Section 5. This act shall take effect upon becoming a law. |