Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 296
Ì298022~Î298022
LEGISLATIVE ACTION
Senate . House
Comm: WD .
01/25/2018 .
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The Committee on Regulated Industries (Brandes) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 55 - 114
4 and insert:
5 (b) “Craft distillery” means a licensed distillery that has
6 notified the division in writing of its decision to qualify as a
7 craft distillery and that:
8 1. Produces 250,000 75,000 or fewer gallons per calendar
9 year of distilled spirits on its premises; and
10 2. Sells up to 50,000 gallons per calendar year of
11 distilled spirits to consumers at its souvenir gift shop in
12 accordance with this section Has notified the division in
13 writing of its decision to qualify as a craft distillery.
14 (2)
15 (c) A craft distillery licensed under this section may sell
16 to consumers, at its souvenir gift shop, up to 50,000 gallons
17 per calendar year of branded products distilled on its premises
18 in this state in factory-sealed containers that are filled at
19 the distillery for off-premises consumption. Such sales are
20 authorized only on private property contiguous to the licensed
21 distillery premises in this state and included on the sketch or
22 diagram defining the licensed premises submitted with the
23 distillery’s license application. All sketch or diagram
24 revisions by the distillery shall require the division’s
25 approval verifying that the souvenir gift shop location operated
26 by the licensed distillery is owned or leased by the distillery
27 and on property contiguous to the distillery’s production
28 building in this state.
29 1. A craft distillery may not sell any factory-sealed
30 individual containers of spirits except in face-to-face sales
31 transactions with consumers who are making a purchase of no more
32 than six individual containers of each branded product.
33 2. Each container sold in face-to-face transactions with
34 consumers must comply with the container limits in s. 565.10,
35 per calendar year for the consumer’s personal use and not for
36 resale and who are present at the distillery’s licensed premises
37 in this state.
38 3. A craft distillery must report to the division within 5
39 days after it reaches the production limitations provided in
40 paragraph (1)(b). Any retail sales to consumers at the craft
41 distillery’s licensed premises are prohibited beginning the day
42 after it reaches the production limitation.
43 4. A craft distillery may not ship or arrange to ship any
44 of its distilled spirits to consumers and may sell and deliver
45 only to consumers within the state in a face-to-face transaction
46 at the distillery property. However, a craft distiller licensed
47 under this section may ship, arrange to ship, or deliver such
48 spirits to manufacturers of distilled spirits, wholesale
49 distributors of distilled spirits, state or federal bonded
50 warehouses, and exporters.
51 5. Except as provided in subparagraph 6., it is unlawful to
52 transfer a distillery license for a craft distillery that
53 produces 75,000 or fewer gallons per calendar year of distilled
54 spirits on its premises or any direct or indirect ownership
55 interest in such license to an individual or entity that has a
56 direct or indirect ownership interest in any distillery licensed
57 in this state; in another state, territory, or country; or by
58 the United States government to manufacture, blend, or rectify
59 distilled spirits for beverage purposes.
60 6. A craft distillery may shall not have its ownership
61 interest directly or indirectly affiliated with any individual
62 or entity that has a direct or indirect ownership interest in
63 any distillery licensed in this state; in another state,
64 territory, or country; or by the United States government to
65 manufacture, blend, or rectify distilled spirits for beverage
66 purposes, unless such distillery is a craft distillery another
67 distillery, unless such distillery produces 75,000 or fewer
68 gallons per calendar year of distilled spirits on each of its
69 premises in this state or in another state, territory, or
70 country.
71 7. A craft distillery may transfer up to 50,000 gallons per
72 calendar year of distilled spirits it manufactures from its
73 federal bonded space, a nonbonded space, its licensed premises,
74 or its storage areas to its souvenir gift shop.
75
76 ================= T I T L E A M E N D M E N T ================
77 And the title is amended as follows:
78 Delete lines 13 - 17
79 and insert:
80 to transfer a distillery license for a craft
81 distillery or ownership in such license to certain
82 individuals or entities; prohibiting a craft
83 distillery from having its ownership affiliated with
84 certain individuals or entities; authorizing a craft