Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. CS for SB 296 Ì546694QÎ546694 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/09/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Commerce and Tourism (Hutson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete line 38 4 and insert: 5 Section 4. Paragraph (b) of subsection (1) and paragraph 6 (c) of subsection (2) of section 565.03, Florida Statutes, are 7 amended to read: 8 565.03 License fees; manufacturers, distributors, brokers, 9 sales agents, and importers of alcoholic beverages; vendor 10 licenses and fees; distilleries and craft distilleries.— 11 (1) As used in this section, the term: 12 (b) “Craft distillery” means a licensed distillery that 13 produces 250,00075,000or fewer gallons per calendar year of 14 distilled spirits on its premises and is designated as a craft 15 distillery byhas notifiedthe division upon notification in 16 writing of its decision to qualify as a craft distillery. 17 (2) 18 (c) A craft distillery licensed under this section may sell 19 to consumers, at its souvenir gift shop, up to 75,000 gallons 20 per calendar year of branded products distilled on its premises 21 in this state in factory-sealed containers that are filled at 22 the distillery for off-premises consumption. Such sales are 23 authorized only on private property contiguous to the licensed 24 distillery premises in this state and included on the sketch or 25 diagram defining the licensed premises submitted with the 26 distillery’s license application. All sketch or diagram 27 revisions by the distillery shall require the division’s 28 approval verifying that the souvenir gift shop location operated 29 by the licensed distillery is owned or leased by the distillery 30 and on property contiguous to the distillery’s production 31 building in this state. 32 1. A craft distillery may not sell any factory-sealed 33 individual containers of spirits except in face-to-face sales 34 transactions with consumers who are making a purchase of no more 35 than six individual containers of each branded product. 36 2. Each container sold in face-to-face transactions with 37 consumers must comply with the container limits in s. 565.10, 38 per calendar year for the consumer’s personal use and not for 39 resale and who are present at the distillery’s licensed premises 40 in this state. 41 3. A craft distillery must report to the division within 5 42 days after it reaches the production limitations provided in 43 paragraph (1)(b). Any retail sales to consumers at the craft 44 distillery’s licensed premises are prohibited beginning the day 45 after it reaches the production limitation. 46 4. A craft distillery may not ship or arrange to ship any 47 of its distilled spirits to consumers and may sell and deliver 48 only to consumers within the state in a face-to-face transaction 49 at the distillery property. However, a craft distiller licensed 50 under this section may ship, arrange to ship, or deliver such 51 spirits to manufacturers of distilled spirits, wholesale 52 distributors of distilled spirits, state or federal bonded 53 warehouses, and exporters. 54 5. Except as provided in subparagraph 6., it is unlawful to 55 transfer a distillery license for a distillery that produces 56 250,00075,000or fewer gallons per calendar year of distilled 57 spirits on its premises or any ownership interest in such 58 license to an individual or entity that has a direct or indirect 59 ownership interest in any distillery licensed in this state; 60 another state, territory, or country; or by the United States 61 government to manufacture, blend, or rectify distilled spirits 62 for beverage purposes. 63 6. A craft distillery shall not have its ownership 64 affiliated with another distillery, unless such distillery 65 produces 250,00075,000or fewer gallons per calendar year of 66 distilled spirits on each of its premises in this state or in 67 another state, territory, or country. 68 7. A craft distillery may transfer up to 75,000 gallons per 69 calendar year of distilled spirits it manufactures from its 70 federal bonded space, nonbonded space at its licensed premises, 71 or storage areas to its souvenir gift shop. 72 Section 5. This act shall take effect July 1, 2018. 73 74 ================= T I T L E A M E N D M E N T ================ 75 And the title is amended as follows: 76 Delete line 9 77 and insert: 78 for off-premises consumption; amending s. 565.03, 79 F.S.; redefining the term “craft distillery”; 80 providing limitations on retail sales by a craft 81 distillery to consumers; providing that it is unlawful 82 to transfer a distillery license, or ownership in a 83 distillery license, for certain distilleries to 84 certain individuals or entities; prohibiting a craft 85 distillery from having its ownership affiliated with 86 certain other distilleries; authorizing a craft 87 distillery to transfer distilled spirits from certain 88 locations to its souvenir gift shop; providing an 89 effective