Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 642
                                Barcode 141414                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2013           .                                

       The Committee on Regulated Industries (Thrasher) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 565.03, Florida Statutes, is amended to
    6  read:
    7         565.03 License fees; manufacturers, distributors, brokers,
    8  sales agents, and importers of alcoholic beverages; vendor
    9  licenses and fees; craft distilleries.—
   10         (1) As used in this section, the term:
   11         (a) “Craft distillery” means a licensed distillery that
   12  produces 75,000 or fewer gallons per calendar year of distilled
   13  spirits on its premises and that has notified the division in
   14  writing of its status as a craft distillery.
   15         (b) “Distillery” means a manufacturer of distilled spirits.
   16         (2)(1)(a)A distillery Each liquor manufacturer authorized
   17  to do business under the Beverage Law to distill, rectify, or
   18  blend spirituous liquors shall pay an annual state license tax
   19  of $4,000 for each plant or branch operating he or she operates
   20  in the state, as follows:
   21         1. If engaged in the business of distilling spirituous
   22  liquors and nothing else, a state license tax of $4,000.
   23         2. If engaged in the business of rectifying and blending
   24  spirituous liquors and nothing else, a state license tax of
   25  $4,000.
   26         (b)Persons licensed hereunder in the business of
   27  distilling spirituous liquors may also engage in the business of
   28  rectifying and blending spirituous liquors without the payment
   29  of an additional license tax.
   30         (3) A craft distillery licensed under this section may sell
   31  spirits distilled on its premises in this state to consumers in
   32  factory-sealed containers that are filled at the distillery for
   33  consumption at its souvenir gift shop. Such sales are authorized
   34  only on private property contiguous to the licensed distillery
   35  premises in this state and included on the sketch or diagram
   36  defining the licensed premises which has been submitted with the
   37  distillery’s license application. All sketch or diagram
   38  revisions by the distillery require the division’s approval.
   39  Before approval, the division shall verify that the souvenir
   40  gift shop operated by the licensed distillery is owned or leased
   41  by the distillery and is on property contiguous to the
   42  distillery’s production building in this state.
   43         (a) A craft distillery or licensed distillery may not sell
   44  any factory-sealed individual containers of spirits except in a
   45  face-to-face sales transaction on the distillery’s premises in
   46  this state with a consumer who purchases no more than two
   47  individual containers that comply with container limits in s.
   48  565.10, for the consumer’s personal use and not for resale.
   49         (b) A craft distillery may not ship, arrange to ship, or
   50  deliver any of its distilled spirits to consumers within this
   51  state except in a face-to-face transaction on the distillery’s
   52  premises. However, a craft distillery may ship, arrange to ship,
   53  or deliver such spirits to manufacturers of distilled spirits,
   54  wholesale distributors of distilled spirits, state or federal
   55  bonded warehouses, and exporters.
   56         (c) Except as provided in paragraph (d), it is unlawful to
   57  transfer a distillery license for a distillery that produces
   58  75,000 gallons or fewer per calendar year of distilled spirits
   59  on its premises, or to transfer an ownership interest in such
   60  license, to an individual or entity that has any direct or
   61  indirect ownership interest in a distillery licensed by this
   62  state, another state, a territory, the United States government,
   63  or another country to manufacture, blend, or rectify distilled
   64  spirits for beverage purposes.
   65         (d) A craft distillery may not have its ownership
   66  affiliated with another distillery unless such distillery
   67  produces 75,000 gallons or fewer of distilled spirits on its
   68  premises per calendar year.
   69         (e) A craft distillery must report to the division within 5
   70  days after it reaches the production limitations provided in
   71  paragraph (1)(a). Any sale to a consumer at the craft
   72  distillery’s licensed premises is prohibited beginning on the
   73  day after the craft distillery reaches the production limitation
   74  for the year. A craft distillery that sells spirits under this
   75  subsection shall submit any beverages excise taxes under the
   76  Beverage Law in its monthly report to the division with any tax
   77  payments due to the state.
   78         (4)(2) Distributors authorized to do business under the
   79  Beverage Law, unless otherwise provided, shall pay a state
   80  license tax of $4,000 for each and every establishment or branch
   81  they may operate or conduct in the state. However, in counties
   82  having a population of 15,000 or less according to the latest
   83  state or federal census, the state license tax for a restricted
   84  license shall be $1,000, but the holder of such a license shall
   85  be permitted to sell only to vendors and distributors licensed
   86  in the same county, and such license shall contain such
   87  restrictions. In such counties, licenses without such
   88  restrictions may be obtained as in other counties, but the tax
   89  for a license without such restrictions shall be the same as in
   90  other counties. Warehouses of a licensed distributor used solely
   91  for storage and located in the county in which the license is
   92  issued to such distributor shall not be construed to be separate
   93  establishments or branches.
   94         (5)(3) Each broker or sales agent and each importer of
   95  alcoholic beverages, as defined in s. 561.14(4) and (5),
   96  respectively, shall pay an annual state license tax of $500.
   97         (6) The division may adopt rules to administer this
   98  section.
   99         Section 2. Subsection (1) of section 561.14, Florida
  100  Statutes, is amended to read:
  101         561.14 License and registration classification.—Licenses
  102  and registrations referred to in the Beverage Law shall be
  103  classified as follows:
  104         (1) Manufacturers licensed to manufacture alcoholic
  105  beverages and distribute the same at wholesale to licensed
  106  distributors and to no one else within the state, unless
  107  authorized by statute. Persons engaged in the business of
  108  distilling, rectifying, or blending spirituous liquors licensed
  109  under s. 565.03(2) 565.03(1)(a)1. and (b) shall sell and
  110  distribute such beverages at wholesale only to other
  111  manufacturers and to licensed distributors and to no one else
  112  within this state.
  113         Section 3. The Legislature declares that it would not have
  114  individually enacted any of the provisions of this act and
  115  expressly finds the provisions not to be severable. If a court
  116  of competent jurisdiction determines any provision of this act
  117  to be in conflict with any law of this state, a federal law or
  118  regulation, the State Constitution, or the United States
  119  Constitution, or to be otherwise invalid for any reason, it is
  120  the intent of the Legislature that all of the provisions of this
  121  act be void, that such invalidity void only the changes made by
  122  this act, and that no other law be affected.
  123         Section 4. This act shall take effect July 1, 2013.
  125  ================= T I T L E  A M E N D M E N T ================
  126         And the title is amended as follows:
  127         Delete everything before the enacting clause
  128  and insert:
  129                        A bill to be entitled                      
  130         An act relating to distilled spirits; amending s.
  131         565.03, F.S.; providing definitions; revising
  132         provisions regarding a state license tax involved with
  133         the operation of distilleries; providing requirements
  134         for craft distilleries under certain conditions;
  135         prohibiting the shipment of certain distilled spirits;
  136         restricting license transferability and ownership
  137         affiliation; providing reporting requirements;
  138         providing requirements relating to the payment of
  139         taxes; providing for the adoption of rules; amending
  140         s. 561.14, F.S.; conforming a cross-reference;
  141         declaring that the provisions of this act are not
  142         severable; providing an effective date.