Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 296
       
       
       
       
       
       
                                Ì298022~Î298022                         
       
                              LEGISLATIVE ACTION                        
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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