1 | A bill to be entitled |
2 | An act relating to alcoholic beverages; creating s. |
3 | 562.61, F.S.; providing a definition of the term "alcohol |
4 | vaporizing device"; prohibiting the sale, offer for sale, |
5 | purchase, or use of machines or devices which vaporize |
6 | alcohol; providing penalties; providing a fine; creating |
7 | s. 563.09, F.S.; permitting certain vendors to conduct |
8 | malt beverage tastings under certain conditions; providing |
9 | an effective date. |
10 |
|
11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
|
13 | Section 1. Section 562.61, Florida Statutes, is created to |
14 | read: |
15 | 562.61 Sale, offer for sale, purchase, or use of alcohol |
16 | vaporizing devices prohibited.-- |
17 | (1) For purposes of this section, the term "alcohol |
18 | vaporizing device" means any device, machine, or process which |
19 | mixes spirits, liquor, or other alcohol products with pure |
20 | oxygen or other gas to produce a vaporized product for the |
21 | purpose of consumption by inhalation. |
22 | (2) A person may not sell, offer for sale, purchase, or |
23 | use an alcohol vaporizing device. |
24 | (3)(a) Any person who violates this section by selling or |
25 | offering for sale an alcohol vaporizing device commits a |
26 | misdemeanor of the first degree, punishable as provided in s. |
27 | 775.082 or s. 775.083. Any person who violates this section by |
28 | selling or offering for sale an alcohol vaporizing device after |
29 | having been previously convicted of such an offense within the |
30 | past 5 years commits a felony of the third degree, punishable as |
31 | provided in s. 775.082 or s. 775.083. |
32 | (b) Any person who violates this section by purchasing or |
33 | using an alcohol vaporizing device shall be subject to a fine of |
34 | $250. |
35 | Section 2. Section 563.09, Florida Statutes, is created to |
36 | read: |
37 | 563.09 Malt beverage tastings permitted; limitations.-- |
38 | (1) A vendor may not conduct a malt beverage tasting |
39 | except as provided in this section. |
40 | (2) A malt beverage tasting may be conducted: |
41 | (a) On a licensed premises by a vendor who is licensed to |
42 | sell alcoholic beverages for consumption on those premises; |
43 | (b) Within a fully enclosed building under a permanent |
44 | roof by a vendor who is licensed under s. 563.02(1)(a) or s. |
45 | 564.02(1)(a) with a licensed premises consisting of at least |
46 | 7,000 square feet of publicly accessible floor space; or |
47 | (c) Within a fully enclosed building under a permanent |
48 | roof by a vendor who is licensed under s. 565.02(1)(a) |
49 | regardless of the amount of publicly accessible floor space. |
50 | (3) An importer, manufacturer, or distributor may not |
51 | assist, by any gifts or loans of money or property of any |
52 | description or by the giving of any rebates of any kind, a |
53 | vendor who is licensed under s. 563.02(1)(a), s. 564.02(1)(a), |
54 | or s. 565.02(1)(a) in the conduct of a malt beverage tasting. |
55 | Section 3. This act shall take effect July 1, 2006. |