Florida Senate - 2010 SB 2062 By Senator Aronberg 27-01546-10 20102062__ 1 A bill to be entitled 2 An act relating to malt beverages; amending s. 3 561.221, F.S.; removing a provision limiting a vendor 4 that brews malt beverages to the sale of the beverage 5 to consumers only for consumption on the premises of 6 the vendor or on a contiguous premises owned by the 7 vendor; amending s. 563.06, F.S.; removing a provision 8 limiting the size of individual containers of malt 9 beverages which may be sold or offered for sale by 10 vendors at retail; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsection (3) of section 561.221, Florida 15 Statutes, is amended to read: 16 561.221 Licensing of manufacturers and distributors as 17 vendors and of vendors as manufacturers; conditions and 18 limitations.— 19 (3)(a) Notwithstanding other provisions of the Beverage 20 Law, any vendor licensed in this state may be licensed as a 21 manufacturer of malt beverages upon a finding by the division 22 that: 23 1. The vendor will be engaged in brewing malt beverages at 24 a single location and in an amount thatwhichwill not exceed 25 10,000 kegs per year. For purposes of this subsection, the term 26 “keg” means 15.5 gallons. 27 2. The malt beverages so brewed will be sold to consumers 28for consumptionon the vendor’s licensed premises or on 29 contiguous licensed premises owned by the vendor. 30 (b) Any vendor thatwhichis also licensed as a 31 manufacturer of malt beverages pursuant to this subsection is 32shall beresponsible for applicable reports pursuant to ss. 33 561.50 and 561.55 with respect to the amount of beverage 34 manufactured each month and shall pay applicable excise taxes 35 thereon to the division by the 10th day of each month for the 36 previous month. 37 (c) It shall be unlawful for any licensed distributor of 38 malt beverages or any officer, agent, or other representative 39 thereof to discourage or prohibit any vendor licensed as a 40 manufacturer under this subsection from offering malt beverages 41 brewedfor consumptionon the licensed premises of the vendor. 42 (d) It shall be unlawful for any manufacturer of malt 43 beverages or any officer, agent, or other representative thereof 44 to take any action to discourage or prohibit any distributor of 45 the manufacturer’s product from distributing such product to a 46 licensed vendor thatwhichis also licensed as a manufacturer of 47 malt beverages pursuant to this subsection. 48 Section 2. Subsection (6) of section 563.06, Florida 49 Statutes, is amended to read: 50 563.06 Malt beverages; imprint on individual container; 51 size of containers; exemptions.— 52 (6) All malt beverages packaged in individual containers 53 sold or offered for sale by vendors at retail in this state 54 shall be in individual containers of any size.containing no55more than 32 ounces of such malt beverages; provided, however,56that nothing contained inThis section does notshallaffect 57 malt beverages packaged in bulk or in kegs or in barrels or in 58 any individual container containing 1 gallon or more of such 59 malt beverage regardless of individual container type. 60 Section 3. This act shall take effect July 1, 2010.