Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. CS for SB 1714
Ì4973060Î497306
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/21/2014 .
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The Committee on Rules (Gardiner) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (2) and (3) of section 561.221,
6 Florida Statutes, are amended, and subsection (4) is added to
7 that section, to read:
8 561.221 Licensing of manufacturers and distributors as
9 vendors and of vendors as manufacturers; exceptions, conditions,
10 and limitations.—
11 (2)(a) Notwithstanding s. 561.22, s. 561.42, or any other
12 provision of the Beverage Law, the division may is authorized to
13 issue a single vendor’s license vendor’s licenses to, or renew
14 any valid, active vendor’s license previously issued to, a
15 manufacturer of malt beverages, even if the such manufacturer is
16 also licensed as a distributor, for the sale of alcoholic
17 beverages on property consisting of a single complex. The, which
18 property must include shall include a brewery and such other
19 structures which promote the brewery and the tourist industry of
20 the state. However, such property may be divided by no more than
21 one public street or highway.
22 (b) A manufacturer licensed as a vendor under this
23 subsection may sell alcoholic beverages under its vendor’s
24 license as follows:
25 1. Malt beverages manufactured on the licensed premises
26 for:
27 a. On-premises consumption, which must be served through a
28 tap or spigot as draft beer; or
29 b. Off-premises consumption in growlers pursuant to
30 s. 563.061. However, if the amount of malt beverages the
31 manufacturer brews on the licensed premises does not exceed 2000
32 kegs per year, as defined in subsection (3), the manufacturer
33 may sell those malt beverages in sealed containers, as
34 authorized under s. 563.060 and its vendor’s license, only for
35 off-premises consumption.
36 2. Any other malt beverages, for on-premises consumption
37 only, as authorized under its vendor’s license, which must be
38 obtained through a distributor and served through a tap or
39 spigot as draft beer.
40 3. Any wine or liquor, for on-premises consumption only, as
41 authorized under its vendor’s license.
42 (c) Notwithstanding subparagraph (b)2., a manufacturer
43 holding its vendor’s license under this subsection as a quota
44 licensee pursuant to s. 565.02(1) may also sell malt beverages
45 brewed off the licensed premises, for off-premises consumption,
46 in sealed containers as authorized under s. 563.06 and its
47 vendor’s license, but only if the premises was licensed under
48 s. 565.02(1) on or before March 1, 2014. A quota license
49 authorizing sales of malt beverages for off-premises consumption
50 under this subparagraph may not be moved or transferred to
51 another location at which malt beverages are brewed. All malt
52 beverages sold under this paragraph, including those owned in
53 whole or in part by the manufacturer but brewed offsite on
54 premises other than the licensed manufacturing premises at that
55 brewery site, must be obtained through a licensed distributor
56 that is not also a licensed manufacturer.
57 (d) Notwithstanding subparagraph (b)3., a manufacturer
58 holding its vendor’s license under this subsection as a quota
59 licensee pursuant to s. 565.02(1) may also sell such alcoholic
60 beverages, for off-premises consumption, in sealed containers as
61 authorized under its vendor’s license, but only if the premises
62 was licensed under s. 565.02(1) on or before March 1, 2014. A
63 quota license authorizing sales of alcoholic beverages for off
64 premises consumption under this paragraph may not be moved or
65 transferred to another location at which malt beverages are
66 brewed.
67 (e) Notwithstanding s. 561.57(1), the delivery of any such
68 sealed container or growler off the vendor’s licensed premises,
69 whether by common or premises carrier or by an operator of a
70 privately owned car, truck, bus, or other conveyance, is
71 prohibited. In addition, a consumer or other person may not
72 arrange for the delivery off the licensed manufacturing premises
73 to the consumer of any such sealed container or growler from a
74 vendor licensed under this subsection, whether by common or
75 premises carrier or by an operator of a privately owned car,
76 truck, bus, or other conveyance. However, this subparagraph does
77 not prohibit a consumer from taking the sealed container or
78 growler, purchased by the consumer from a manufacturer licenses
79 as a vendor under this subsection, from the vendor’s licensed
80 premises to another location by a privately owned car, truck,
81 bus, or other conveyance. All sales of malt beverages under sub
82 subparagraph (b)1.b. in growlers for off-premises consumption
83 are for personal use only and not for resale.
84 (f) A manufacturer licensed as a vendor under this
85 subsection is responsible for applicable reports pursuant to
86 ss. 561.50 and 561.55 with respect to the amount of malt
87 beverages sold or given to consumers on the licensed premises
88 each month and must pay the applicable excise taxes to the
89 division by the 10th day of each month for the previous month.
90 (g) A manufacturer licensed as a vendor under this
91 subsection may hold a permanent food service license at the
92 licensed premises.
93 (h) This subsection is a limited exception to ss. 561.22
94 and 561.42. Except as specifically provided in this subsection
95 to permit a manufacturer of malt beverages to also be licensed
96 as a vendor, a manufacturer of malt beverages is subject to the
97 restrictions in ss. 561.22 and 561.42.
98 (3)(a) Notwithstanding s. 561.22, s. 561.42, or any other
99 provision provisions of the Beverage Law, a any vendor licensed
100 in this state may be licensed as a manufacturer of malt
101 beverages if the vendor satisfies the requirements of this
102 subsection. upon a finding by the division that:
103 (a) The division may issue a license if it finds that all
104 of the following conditions are met:
105 1. The vendor will be engaged in brewing malt beverages at
106 a single licensed premises location and in an amount that which
107 will not exceed 10,000 kegs per year. As used in For purposes of
108 this subparagraph subsection, the term “keg” means 15.5 gallons.
109 2. The malt beverages so brewed will be sold to consumers
110 only for consumption on the vendor’s licensed premises or on
111 contiguous licensed premises owned or leased by the vendor.
112 3. The applicant holds a permanent food service license.
113 (b) A licensee may sell the following alcoholic beverages,
114 which may be sold only in face-to-face transactions with
115 consumers and only for on-premises consumption:
116 1. Malt beverages that are manufactured on the licensed
117 premises.
118 2. Malt beverages that are manufactured by other
119 manufacturers purchased from a distributor as authorized under
120 its vendor’s license.
121 3. Wine or liquor purchased from a distributor as
122 authorized under its vendor’s license.
123 (c) A licensee may not:
124 1. Ship malt beverages to or between licensed premises
125 owned by the licensee. A licensee is not a manufacturer for the
126 purposes of s. 563.022(14).
127 2. Distribute or sell malt beverages off the licensed
128 premises.
129 (d)(b) A licensee is Any vendor which is also licensed as a
130 manufacturer of malt beverages pursuant to this subsection shall
131 be responsible for applicable reports pursuant to ss. 561.50 and
132 561.55 with respect to the amount of beverage manufactured each
133 month and must shall pay the applicable excise taxes thereon to
134 the division by the 10th day of each month for the previous
135 month.
136 (e)(c) A It shall be unlawful for any licensed distributor
137 of malt beverages or an any officer, agent, or other
138 representative thereof may not to discourage or prohibit a
139 licensee any vendor licensed as a manufacturer under this
140 subsection from offering malt beverages brewed for consumption
141 on the licensed premises of the vendor.
142 (f)(d) A It shall be unlawful for any manufacturer of malt
143 beverages or an any officer, agent, or other representative
144 thereof may not to take any action to discourage or prohibit a
145 any distributor of the manufacturer’s product from distributing
146 such product to a licensee licensed vendor which is also
147 licensed as a manufacturer of malt beverages pursuant to this
148 subsection.
149 (g) As used in this subsection, the term “licensee” means a
150 vendor licensed as a manufacturer of malt beverages pursuant to
151 this subsection.
152 (4) The Legislature intends that the provisions relating to
153 the sale of malt beverages by a malt beverage manufacturer
154 licensed as a vendor pursuant to subsection (2) and the
155 operation of a vendor licensed as a manufacturer pursuant to
156 subsection (3) constitute limited exceptions to the Beverage Law
157 with respect to the otherwise mutually exclusive licensing of
158 manufacturers and vendors. Anything not specifically authorized
159 in subsections (2) and (3) is prohibited unless otherwise
160 authorized under the Beverage Law.
161 Section 2. Section 561.37, Florida Statutes, is amended to
162 read:
163 561.37 Bond for payment of taxes.—
164 (1) Each manufacturer and each distributor must shall file
165 with the division a surety bond acceptable to the division in
166 the amount sum of $25,000 as surety for the payment of all
167 taxes., provided, However, if that when in the discretion of the
168 division the amount of business done by the manufacturer or
169 distributor is of such volume that a bond in an amount of less
170 than $25,000 will be adequate to secure the payment of all taxes
171 assessed or authorized by the Beverage Law, the division may
172 accept a bond in an amount of less a lesser sum than $25,000,
173 but not in no event shall it accept a bond of less than $10,000,
174 and it may at any time in its discretion require any bond in an
175 amount less of than $25,000 to be increased so as not to exceed
176 $25,000.; provided, however, that
177 (2) Notwithstanding subsection (1), the amount of bond
178 required under this section for:
179 (a) A brewer is $5,000 shall be $20,000, except that if
180 where, in the discretion of the division, the amount of business
181 done by the brewer is of such volume that a bond in an amount of
182 less than $5,000 $20,000 will be adequate to secure the payment
183 of all taxes assessed or authorized by the Beverage Law, the
184 division may accept a bond in an amount of less a lesser sum
185 than $5,000 $20,000, but not in no event shall it accept a bond
186 of less than $2,500 $10,000, and it may at any time in its
187 discretion require any bond in an amount of less than $5,000
188 $20,000 to be increased so as not to exceed $5,000. $20,000;
189 provided further that the amount of the bond required for
190 (b) A wine or wine and cordial manufacturer is shall be
191 $5,000. However, except that, in the case of a manufacturer
192 engaged solely in the experimental manufacture of wines and
193 cordials from Florida products, if where in the discretion of
194 the division the amount of business done by such a manufacturer
195 is of such volume that a bond in an amount of less than $5,000
196 will be adequate to secure the payment of all taxes assessed or
197 authorized by the Beverage Law, the division may accept a bond
198 in an amount of less a lesser sum than $5,000, but not in no
199 event shall it accept a bond of less than $1,000, and it may at
200 any time in its discretion require a bond in an amount of less
201 than $5,000 to be increased so as not to exceed $5,000.;
202 provided, further, that the amount of bond required for
203 (c) A distributor who sells only beverages containing not
204 more than 4.007 percent of alcohol by volume, in counties where
205 the sale of intoxicating liquors, wines, and beers is
206 prohibited, or a distributor and to distributors who sells sell
207 only beverages containing not more than 17.259 percent of
208 alcohol by volume and wines regardless of alcoholic content, in
209 counties where the sale of intoxicating liquors, wines, and
210 beers is permitted, is shall file with the division a surety
211 bond acceptable to the division in the sum of $25,000., as
212 surety for the payment of all taxes; provided, However, if that
213 where in the discretion of the division the amount of business
214 done by such a distributor is of such volume that a bond in an
215 amount of less than $25,000 will be adequate to secure the
216 payment of all taxes assessed or authorized by the Beverage Law,
217 the division may accept a bond in an amount of a less sum than
218 $25,000, but not in no event shall it accept a bond less than
219 $1,000, and it may at any time in its discretion require any
220 bond in an amount of less than $25,000 to be increased so as not
221 to exceed $25,000.; provided, further, that the amount of bond
222 required for
223 (d) A distributor in a county having a population of 15,000
224 or less who procures a license by which his or her sales are
225 restricted to distributors and vendors who have obtained
226 licenses in the same county is, shall be $5,000.
227 Section 3. Subsection (14) of section 561.42, Florida
228 Statutes, is amended to read:
229 561.42 Tied house evil; financial aid and assistance to
230 vendor by manufacturer, distributor, importer, primary American
231 source of supply, brand owner or registrant, or any broker,
232 sales agent, or sales person thereof, prohibited; procedure for
233 enforcement; exception.—
234 (14) The division shall adopt reasonable rules governing
235 promotional displays and advertising, which rules may shall not
236 conflict with or be more stringent than the federal regulations
237 pertaining to such promotional displays and advertising
238 furnished to vendors by distributors, manufacturers, importers,
239 primary American sources of supply, or brand owners or
240 registrants, or any broker, sales agent, or sales person
241 thereof; however:
242 (a) If a manufacturer, distributor, importer, brand owner,
243 or brand registrant of malt beverage, or any broker, sales
244 agent, or sales person thereof, provides a vendor with
245 expendable retailer advertising specialties such as trays,
246 coasters, mats, menu cards, napkins, cups, glasses,
247 thermometers, and the like, such items may shall be sold only at
248 a price not less than the actual cost to the industry member who
249 initially purchased them, without limitation in total dollar
250 value of such items sold to a vendor.
251 (b) Without limitation in total dollar value of such items
252 provided to a vendor, a manufacturer, distributor, importer,
253 brand owner, or brand registrant of malt beverage, or any
254 broker, sales agent, or sales person thereof, may rent, loan
255 without charge for an indefinite duration, or sell durable
256 retailer advertising specialties such as clocks, pool table
257 lights, and the like, which bear advertising matter.
258 (c) If a manufacturer, distributor, importer, brand owner,
259 or brand registrant of malt beverage, or any broker, sales
260 agent, or sales person thereof, provides a vendor with consumer
261 advertising specialties such as ashtrays, T-shirts, bottle
262 openers, shopping bags, and the like, such items may shall be
263 sold only at a price not less than the actual cost to the
264 industry member who initially purchased them, and but may be
265 sold without limitation in total value of such items sold to a
266 vendor.
267 (d) A manufacturer, distributor, importer, brand owner, or
268 brand registrant of malt beverage, or any broker, sales agent,
269 or sales person thereof, may provide consumer advertising
270 specialties described in paragraph (c) to consumers on any
271 vendor’s licensed premises.
272 (e) A manufacturer Manufacturers, distributor distributors,
273 importer importers, brand owner owners, or brand registrant
274 registrants of malt beverages beer, and any broker, sales agent,
275 or sales person thereof, may shall not conduct any sampling
276 activity activities that includes the include tasting of a their
277 product of any such entity or person at a vendor’s premises
278 licensed for off-premises sales only.
279 (f) A manufacturer Manufacturers, distributor distributors,
280 importer importers, brand owner owners, or brand registrant
281 registrants of malt beverages beer, and any broker, sales agent,
282 or sales person thereof, may shall not engage in cooperative
283 advertising with a vendor vendors.
284 (g) A distributor Distributors of malt beverages beer may
285 sell to a vendor vendors draft equipment and tapping accessories
286 at a price not less than the cost to the industry member who
287 initially purchased them, except there is no required charge,
288 and the a distributor may exchange any parts that which are not
289 compatible with a competitor’s system and are necessary to
290 dispense the distributor’s brands. A distributor of malt
291 beverages beer may furnish to a vendor at no charge replacement
292 parts of nominal intrinsic value, including, but not limited to,
293 washers, gaskets, tail pieces, hoses, hose connections, clamps,
294 plungers, and tap markers. To ensure quality control, a
295 distributor of malt beverages may, at no charge to a vendor,
296 clean draft equipment and counter-pressure devices that use or
297 dispense a malt beverage the distributor sold to the vendor.
298 Counter-pressure and other growler-filling devices are not draft
299 equipment or tapping accessories for purposes of this paragraph.
300 Section 4. Section 561.5101, Florida Statutes, is amended
301 to read:
302 561.5101 Come-to-rest requirement; exceptions; penalties.—
303 (1) For purposes of inspection and tax-revenue control, all
304 malt beverages, except those manufactured on and sold at the
305 brewery or vendor pursuant to s. 561.221(2) or (3), must come to
306 rest at the licensed premises of an alcoholic beverage
307 distributor wholesaler in this state before being sold to a
308 vendor by the distributor wholesaler. A malt beverage is
309 considered to have come to rest under this subsection only if it
310 has been unloaded in its entirety from the transport vehicle and
311 placed in the distributor’s warehouse inventory. The prohibition
312 contained in this subsection does not apply to the shipment of
313 malt beverages commonly known as private labels. The prohibition
314 contained in this subsection does shall not prevent a
315 manufacturer from shipping malt beverages for storage at a
316 bonded warehouse facility, if the provided that such malt
317 beverages are distributed as provided in this subsection or to
318 an out-of-state entity.
319 (2) A Any person who is in the business of selling
320 alcoholic beverages and who knowingly and intentionally sells
321 malt beverages in a manner inconsistent with the requirements of
322 subsection (1), whether to a vendor or to an ultimate consumer,
323 commits a felony of the third degree, punishable as provided in
324 s. 775.082, s. 775.083, or s. 775.084.
325 Section 5. Subsection (14) of section 563.022, Florida
326 Statutes, is reenacted and amended to read:
327 563.022 Relations between beer distributors and
328 manufacturers.—
329 (14) MANUFACTURER; PROHIBITED INTERESTS.—
330 (a) This subsection applies to:
331 1. A manufacturer;
332 2. An Any officer, director, agent, or employee of a
333 manufacturer; or
334 3. An affiliate of a any manufacturer, regardless of
335 whether the affiliation is corporate or by management,
336 direction, or control.
337 (b) Except as provided in paragraph (c), an no entity or
338 person specified in paragraph (a) may not have an interest in
339 the license, business, assets, or corporate stock of a licensed
340 distributor and may not nor shall such entity sell directly to a
341 any vendor in this state other than a vendor to vendors who are
342 licensed pursuant to s. 561.221(2).
343 (c) An Any entity or person specified described in
344 paragraph (a) may financially assist a proposed distributor in
345 acquiring ownership of the distributorship through participation
346 in a limited partnership arrangement in which the entity or
347 person specified described in paragraph (a) is a limited partner
348 and the proposed distributor seeking to acquire ownership of the
349 distributorship is the general partner. Such a limited
350 partnership arrangement arrangements may exist for no longer
351 than 8 years from its their creation and may shall not be
352 extended or renewed by means of a transfer of full ownership to
353 an entity or person specified described in paragraph (a)
354 followed by the creation of a new limited partnership or by any
355 other means. In any such arrangement for financial assistance,
356 the federal basic permit and distributor’s license issued by the
357 division shall be issued in the name of the distributor and not
358 in the name of an entity or person specified described in
359 paragraph (a). If, after the creation of a limited partnership
360 pursuant to this paragraph, an entity or person specified
361 described in paragraph (a) acquires title to the distributorship
362 that which was the subject of the limited partnership, the
363 entity or person specified described in paragraph (a) shall
364 divest itself of the distributorship within 180 days, and the
365 distributorship shall be ineligible for limited partnership
366 financing for 20 years thereafter. An No entity or person
367 specified described in paragraph (a) may not shall enter into a
368 limited partnership arrangement with a licensed distributor
369 whose distributorship existed and was operated before prior to
370 the creation of such limited partnership arrangement.
371 (d) Nothing in The Beverage Law does not shall be construed
372 to prohibit a manufacturer from shipping products to or between
373 its breweries without a distributor’s license, but does not
374 exempt a manufacturer from the come-to-rest requirement of s.
375 561.5101(1) for products shipped to or between its breweries for
376 sale under a vendor license issued to the manufacturer pursuant
377 to s. 562.221(2).
378 (e) Notwithstanding the provisions of paragraph (b), an any
379 entity or person specified named in paragraph (a) may have an
380 interest in the license, business, assets, or corporate stock of
381 a licensed distributor for a maximum of 180 consecutive days as
382 the result of a judgment of foreclosure against the distributor
383 or for 180 consecutive days after acquiring title pursuant to
384 the written request of the licensed distributor. Under either of
385 these circumstances, manufacturer ownership of an interest in
386 the license, business, assets, or corporate stock of a licensed
387 distributor may shall only be for 180 days and only for the
388 purpose of facilitating an orderly transfer of the
389 distributorship to an owner not affiliated with a manufacturer.
390 (f) Notwithstanding the provisions of paragraph (b), an any
391 entity or person specified named in paragraph (a) may have a
392 security interest in the inventory or property of its licensed
393 distributors to secure payment for that said inventory or other
394 loans for other purposes.
395 Section 6. Subsections (1) and (6) of section 563.06,
396 Florida Statutes, are amended, a new subsection (7) is created,
397 and current subsection (7) of that section is renumbered as
398 subsection (8) and amended, to read:
399 563.06 Malt beverages; imprint on individual container;
400 size of containers; growlers; exemptions.—
401 (1) On and after October 1, 1959, All taxable malt
402 beverages packaged in individual containers possessed by any
403 person in the state for the purpose of sale or resale in the
404 state, except operators of railroads, sleeping cars, steamships,
405 buses, and airplanes engaged in interstate commerce and licensed
406 under this section, must shall have imprinted thereon in clearly
407 legible fashion by any permanent method the word “Florida” or
408 “FL” and no other state name or abbreviation of any state name
409 in not less than 8-point type. The word “Florida” or “FL” shall
410 appear first or last, if imprinted in conjunction with any
411 manufacturer’s code. A facsimile of the imprinting and its
412 location as it will appear on the individual container must
413 shall be submitted to the division for approval.
414 (6) All malt beverages packaged in individual containers
415 sold or offered for sale by vendors at retail in this state,
416 except for malt beverages authorized to be sold in growlers
417 pursuant to s. 563.061, must shall be in individual containers
418 containing no more than 32 ounces of such malt beverages.;
419 provided, however, that nothing contained in
420 (7) This section does not shall affect malt beverages
421 packaged in bulk, or in kegs or in barrels, or in any individual
422 container containing 1 gallon or more of such malt beverage
423 regardless of individual container type.
424 (8)(7) A Any person, firm, or corporation, or any of its
425 agents, officers or employees, that violates violating any of
426 the provisions of this section commits, shall be guilty of a
427 misdemeanor of the first degree, punishable as provided in s.
428 775.082 or s. 775.083; and the license, if any, is shall be
429 subject to revocation or suspension by the division.
430 Section 7. Section 563.061, Florida Statutes, is created to
431 read:
432 563.061 Malt beverages; filling or refilling of growlers.—
433 (1) “Growler” means a refillable container that is made of
434 glass, ceramic, metal, or similar leak-proof material and is
435 designed to contain a carbonated malt beverage in a capacity of
436 32 ounces, 64 ounces, or 128 ounces.
437 (2) The filling or refilling of a growler shall be in
438 response to an order, in a face-to-face transaction, only for
439 off-premises consumption. The growler must be filled with a malt
440 beverage and sealed on the premises at or immediately before or
441 after the time of sale.
442 (3) The filling or refilling of a growler is limited to:
443 (a) A manufacturer of malt beverages who holds a valid
444 vendor’s license pursuant to s. 561.221(2);
445 (b) A vendor holding a quota license under ss. 561.20(1)
446 and 565.02(1)(a) with the sale of malt beverages authorized
447 under that license; or
448 (c) A vendor holding a license under s. 563.02(1)(b)-(f),
449 s. 564.02(1)(b)-(f), or s. 565.02(1)(b)-(f), unless the license
450 restricts the sale of malt beverages only for consumption on the
451 licensed premises.
452 (4) The growler must have an unbroken seal or be incapable
453 of being immediately consumed.
454 (5) The growler must be clearly labeled as containing an
455 alcoholic beverage and provide the name of the manufacturer, the
456 brand, the volume, the percentage of alcohol by volume, and the
457 required federal health warning notice for alcoholic beverages.
458 If a growler being refilled has an existing label or other
459 identifying mark of a manufacturer or brand from a prior filling
460 or refilling, that label must be covered sufficiently to
461 indicate the manufacturer and brand of the malt beverage being
462 placed in the container at that refilling.
463 (6) The growler must be clean prior to filling or
464 refilling.
465 (7) The vendor filling or refilling a growler must leave
466 sufficient space to allow for expansion of the contents due to
467 changes in temperature or pressure that can reasonably be
468 anticipated and that would otherwise result in leakage or other
469 failure of the growler to contain the malt beverage.
470 (8) A licensee authorized to fill and refill growlers may
471 not use them for purposes of distribution or sale off the
472 manufacturer’s or vendor’s licensed premises, except as
473 authorized under this section and s. 561.221(2).
474 Section 8. For the purpose of incorporating the amendments
475 made by this act to the Beverage Law, subsection (1) of section
476 561.11, Florida Statutes, is reenacted to read:
477 561.11 Power and authority of division.—
478 (1) The division has authority to adopt rules pursuant to
479 ss. 120.536(1) and 120.54 to implement the provisions of the
480 Beverage Law.
481 Section 9. This act shall take effect July 1, 2014.
482
483 ================= T I T L E A M E N D M E N T ================
484 And the title is amended as follows:
485 Delete everything before the enacting clause
486 and insert:
487 A bill to be entitled
488 An act relating to malt beverages; amending s. 561.01,
489 F.S.; defining the term “growler”; amending s.
490 561.221, F.S.; clarifying three-tier system exceptions
491 and application with respect to the manufacture,
492 distribution, and sale of malt beverages; revising
493 requirements for licensure and operation of
494 manufacturers and vendors; providing legislative
495 intent; amending s. 561.37, F.S.; revising bond
496 requirements for brewers; amending s. 561.42, F.S.;
497 authorizing distributors of malt beverages to clean
498 certain drafting equipment and counter-pressure
499 devices at no charge; specifying that counter-pressure
500 and other growler-filling devices are not drafting
501 equipment and tapping accessories for certain
502 purposes; amending s. 561.5101, F.S.; adding an
503 exception to the come-to-rest requirement; specifying
504 what constitutes coming to rest at a distributor’s
505 licensed premises; providing penalties; reenacting and
506 amending s. 563.022(14), F.S., relating to prohibited
507 interests between a manufacturer and a distributor of
508 malt beverages, to incorporate the amendments made to
509 s. 561.221(2), F.S., in a reference thereto; revising
510 provisions relating to shipment of products to or
511 between breweries; amending s. 563.06, F.S.; revising
512 provisions relating to the sale of malt beverages at
513 retail in containers of specified sizes, to conform to
514 changes made by the act; creating s. 563.061, F.S.;
515 providing requirements for and limitations on the
516 filling, refilling, and sale or distribution of
517 growlers; reenacting s. 561.11(1), F.S., relating to
518 authority of the Division of Alcoholic Beverages and
519 Tobacco of the Department of Business and Professional
520 Regulation to adopt rules to implement the Beverage
521 Law, to incorporate the amendments made to the
522 Beverage Law by this act for such purpose; providing
523 an effective date.