Florida Senate - 2013                                     SB 642
       By Senator Hays
       11-00533B-13                                           2013642__
    1                        A bill to be entitled                      
    2         An act relating to distilled spirits; amending s.
    3         565.03, F.S.; providing definitions; revising
    4         provisions with respect to the licensure and operation
    5         of distilleries; providing requirements for craft
    6         distilleries; providing for the sale of distilled
    7         spirits by licensed distilleries under certain
    8         conditions; providing reporting requirements;
    9         prohibiting the shipment of certain distilled spirits;
   10         providing for the transportation of distilled spirits
   11         by licensed distilleries under certain conditions;
   12         providing requirements relating to the payment of
   13         taxes; providing for applicability; providing
   14         rulemaking authority; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Section 565.03, Florida Statutes, is amended to
   19  read:
   20         565.03 License fees; manufacturers, distributors of
   21  distilled spirits, brokers, sales agents, and importers of
   22  alcoholic beverages; vendor licenses and fees; craft
   23  distilleries.—
   24         (1) As used in this section, the term:
   25         (a) “Craft distillery” means a licensed distillery that
   26  produces 75,000 or fewer gallons of distilled spirits on its
   27  premises.
   28         (b) “Distillery” means a Each liquor manufacturer,
   29  rectifier, blender, or processor of distilled spirits.
   30         (2)(a) A distillery authorized to do business under the
   31  Beverage Law shall pay an annual state license tax for each
   32  plant or branch operating he or she operates in the state, as
   33  follows:
   34         1. If engaged in the business of manufacturing, rectifying,
   35  blending, or processing distilled spirits distilling spirituous
   36  liquors and nothing else, a state license tax of $4,000.
   37         2. If engaged in the business of rectifying and blending
   38  spirituous liquors and nothing else, a state license tax of
   39  $4,000.
   40         (b) Persons licensed under this section who are hereunder
   41  in the business of distilling spirituous liquors may also engage
   42  in the business of rectifying and blending spirituous liquors
   43  without the payment of an additional license tax.
   44         (c) A craft distillery licensed under this section may sell
   45  distilled spirits produced on its premises in this state to
   46  consumers for on-premises consumption and in factory-sealed
   47  containers for off-premises consumption. Such sales are
   48  authorized only on private property contiguous to the licensed
   49  distillery premises in this state and included on the sketch or
   50  diagram defining the licensed premises submitted with the
   51  distillery’s license application. All sketch or diagram
   52  revisions by the distillery shall require the division’s
   53  approval verifying that all alcoholic beverage retail sales
   54  locations operated by the licensed distillery are owned or
   55  leased by the distillery and on property contiguous to the
   56  distillery’s production building in this state. A craft
   57  distillery or licensed distillery may not sell any distilled
   58  spirits except in face-to-face sales transactions with consumers
   59  who are making a purchase for the consumer’s personal use and
   60  not for resale and who are present at the distillery’s licensed
   61  premises in this state.
   62         1. This paragraph does not impact any land use for a craft
   63  distillery approved before July 1, 2013.
   64         2. A craft distillery must report to the division within 5
   65  days after it reaches the production limitations provided in
   66  paragraph (1)(a). Any retail sales to consumers at the craft
   67  distillery’s licensed premises are prohibited on the day after
   68  it reaches the production limitation.
   69         3. A licensed craft distillery may not ship, arrange to
   70  ship, or deliver any of its distilled spirits to consumers
   71  within the state. However, a craft distiller licensed under this
   72  section may ship, arrange to ship, or deliver such spirits to
   73  manufacturers of distilled spirits, wholesale distributors of
   74  distilled spirits, state or federal bonded warehouses, and
   75  exporters.
   76         (3)(2) Distributors authorized to do business under the
   77  Beverage Law, unless otherwise provided, shall pay a state
   78  license tax of $4,000 for each and every establishment or branch
   79  they may operate or conduct in the state. However, in counties
   80  having a population of 15,000 or less according to the latest
   81  state or federal census, the state license tax for a restricted
   82  license shall be $1,000, but the holder of such a license shall
   83  be permitted to sell only to vendors and distributors licensed
   84  in the same county, and such license shall contain such
   85  restrictions. In such counties, licenses without such
   86  restrictions may be obtained as in other counties, but the tax
   87  for a license without such restrictions shall be the same as in
   88  other counties. Warehouses of a licensed distributor used solely
   89  for storage and located in the county in which the license is
   90  issued to such distributor shall not be construed to be separate
   91  establishments or branches.
   92         (4)(3) Each broker or sales agent and each importer of
   93  alcoholic beverages, as defined in s. 561.14(4) and (5),
   94  respectively, shall pay an annual state license tax of $500.
   95         (5) The Beverage Law does not prohibit:
   96         (a) One hundred percent ownership of any vendor’s license
   97  by a licensed distillery in the state that is engaged in the
   98  manufacturing of distilled spirits, if the vendor’s premises
   99  meets the minimum qualifications for the vendor’s license. The
  100  vendor’s licensed premises must be owned or leased by the
  101  distillery and situated on property contiguous to the licensed
  102  premises where distilled spirits are produced.
  103         (b) A licensed distillery from transporting and
  104  transferring its distilled spirits in compliance with federal
  105  and state alcoholic beverage laws and administrative rules to
  106  any vendor’s licensed premises on property contiguous to the
  107  distillery and owned or leased by the distillery or to its
  108  retail alcoholic beverage sales locations authorized under
  109  paragraph (2)(c). Notwithstanding s. 561.14, any licensed
  110  distillery licensed as a vendor and operating at a premises
  111  under paragraph (2)(c) or paragraph (5)(a) may purchase or
  112  acquire alcoholic beverage products produced at a licensed
  113  distillery in this state directly from the distillery. Each
  114  distillery transporting its distilled spirits to its licensed
  115  retail premises or making sales under paragraphs (2)(c) and
  116  (5)(a)is responsible for submitting any beverages excise taxes
  117  under the Beverage Law in its monthly report to the division
  118  with any tax payments due to the state.
  119         (6) The division may adopt rules to administer this
  120  section.
  121         Section 2. This act shall take effect July 1, 2013.