Florida Senate - 2015                              CS for SB 596
       
       
        
       By the Committee on Regulated Industries; and Senator Hays
       
       
       
       
       
       580-02175-15                                           2015596c1
    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         revising the current limitation on the number of
    5         containers that may be sold to consumers by craft
    6         distilleries; applying such limitation to individual
    7         containers for each branded product; prohibiting a
    8         craft distillery from shipping or arranging to ship
    9         any of its distilled spirits to consumers; providing
   10         an exception; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraphs (a) and (b) of subsection (1) of
   15  section 565.03, Florida Statutes, are redesignated as paragraphs
   16  (b) and (c), respectively, a new paragraph (a) is added to that
   17  subsection, and paragraph (c) of subsection (2) of that section
   18  is amended, to read:
   19         565.03 License fees; manufacturers, distributors, brokers,
   20  sales agents, and importers of alcoholic beverages; vendor
   21  licenses and fees; craft distilleries.—
   22         (1) As used in this section, the term:
   23         (a) “Branded product” means any distilled spirits product
   24  manufactured on site, which requires a federal certificate and
   25  label approval by the Federal Alcohol Administration Act or
   26  regulations.
   27         (2)
   28         (c) A craft distillery licensed under this section may sell
   29  to consumers, at its souvenir gift shop, branded products
   30  spirits distilled on its premises in this state in factory
   31  sealed containers that are filled at the distillery for off
   32  premises consumption. Such sales are authorized only on private
   33  property contiguous to the licensed distillery premises in this
   34  state and included on the sketch or diagram defining the
   35  licensed premises submitted with the distillery’s license
   36  application. All sketch or diagram revisions by the distillery
   37  shall require the division’s approval verifying that the
   38  souvenir gift shop location operated by the licensed distillery
   39  is owned or leased by the distillery and on property contiguous
   40  to the distillery’s production building in this state. A craft
   41  distillery or licensed distillery may not sell any factory
   42  sealed individual containers of spirits except in face-to-face
   43  sales transactions with consumers who are making a purchase of
   44  two or fewer individual containers of each branded product, or
   45  up to four individual containers, whichever is greater, that
   46  comply with the container limits in s. 565.10, per calendar year
   47  for the consumer’s personal use and not for resale and who are
   48  present at the distillery’s licensed premises in this state.
   49         1. A craft distillery must report to the division within 5
   50  days after it reaches the production limitations provided in
   51  paragraph (1)(b) (1)(a). Any retail sales to consumers at the
   52  craft distillery’s licensed premises are prohibited beginning
   53  the day after it reaches the production limitation.
   54         2. A craft distillery may not only ship or, arrange to
   55  ship, or deliver any of its distilled spirits to consumers and
   56  may only sell and deliver to consumers within the state in a
   57  face-to-face transaction at the distillery property. However, a
   58  craft distiller licensed under this section may ship, arrange to
   59  ship, or deliver such spirits to manufacturers of distilled
   60  spirits, wholesale distributors of distilled spirits, state or
   61  federal bonded warehouses, and exporters.
   62         3. Except as provided in subparagraph 4., it is unlawful to
   63  transfer a distillery license for a distillery that produces
   64  75,000 or fewer gallons per calendar year of distilled spirits
   65  on its premises or any ownership interest in such license to an
   66  individual or entity that has a direct or indirect ownership
   67  interest in any distillery licensed in this state; another
   68  state, territory, or country; or by the United States government
   69  to manufacture, blend, or rectify distilled spirits for beverage
   70  purposes.
   71         4. A craft distillery shall not have its ownership
   72  affiliated with another distillery, unless such distillery
   73  produces 75,000 or fewer gallons per calendar year of distilled
   74  spirits on each of its premises in this state or in another
   75  state, territory, or country.
   76         Section 2. This act shall take effect July 1, 2015.