Florida Senate - 2015                                     SB 596
       
       
        
       By Senator Hays
       
       
       
       
       
       11-00723A-15                                           2015596__
    1                        A bill to be entitled                      
    2         An act relating to craft distilleries; amending s.
    3         565.03, F.S.; defining the term “branded product”;
    4         applying the current limitation on the number of
    5         containers that may be sold to consumers by craft
    6         distilleries to individual containers for each branded
    7         product; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraphs (a) and (b) of subsection (1) of
   12  section 565.03, Florida Statutes, are redesignated as paragraphs
   13  (b) and (c), respectively, a new paragraph (a) is added to that
   14  subsection, and paragraph (c) of subsection (2) of that section
   15  is amended, to read:
   16         565.03 License fees; manufacturers, distributors, brokers,
   17  sales agents, and importers of alcoholic beverages; vendor
   18  licenses and fees; craft distilleries.—
   19         (1) As used in this section, the term:
   20         (a) “Branded product” means any distilled spirits product
   21  manufactured on site, which requires a federal certificate and
   22  label approval by the Federal Alcohol Administration Act or
   23  regulations.
   24         (2)
   25         (c) A craft distillery licensed under this section may sell
   26  to consumers, at its souvenir gift shop, branded products
   27  spirits distilled on its premises in this state in factory
   28  sealed containers that are filled at the distillery for off
   29  premises consumption. Such sales are authorized only on private
   30  property contiguous to the licensed distillery premises in this
   31  state and included on the sketch or diagram defining the
   32  licensed premises submitted with the distillery’s license
   33  application. All sketch or diagram revisions by the distillery
   34  shall require the division’s approval verifying that the
   35  souvenir gift shop location operated by the licensed distillery
   36  is owned or leased by the distillery and on property contiguous
   37  to the distillery’s production building in this state. A craft
   38  distillery or licensed distillery may not sell any factory
   39  sealed individual containers of spirits except in face-to-face
   40  sales transactions with consumers who are making a purchase of
   41  two or fewer individual containers of each branded product, that
   42  comply with the container limits in s. 565.10, per calendar year
   43  for the consumer’s personal use and not for resale and who are
   44  present at the distillery’s licensed premises in this state.
   45         1. A craft distillery must report to the division within 5
   46  days after it reaches the production limitations provided in
   47  paragraph (1)(b) (1)(a). Any retail sales to consumers at the
   48  craft distillery’s licensed premises are prohibited beginning
   49  the day after it reaches the production limitation.
   50         2. A craft distillery may only ship, arrange to ship, or
   51  deliver any of its distilled spirits to consumers within the
   52  state in a face-to-face transaction at the distillery property.
   53  However, a craft distiller licensed under this section may ship,
   54  arrange to ship, or deliver such spirits to manufacturers of
   55  distilled spirits, wholesale distributors of distilled spirits,
   56  state or federal bonded warehouses, and exporters.
   57         3. Except as provided in subparagraph 4., it is unlawful to
   58  transfer a distillery license for a distillery that produces
   59  75,000 or fewer gallons per calendar year of distilled spirits
   60  on its premises or any ownership interest in such license to an
   61  individual or entity that has a direct or indirect ownership
   62  interest in any distillery licensed in this state; another
   63  state, territory, or country; or by the United States government
   64  to manufacture, blend, or rectify distilled spirits for beverage
   65  purposes.
   66         4. A craft distillery shall not have its ownership
   67  affiliated with another distillery, unless such distillery
   68  produces 75,000 or fewer gallons per calendar year of distilled
   69  spirits on its premises.
   70         Section 2. This act shall take effect July 1, 2015.