Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 912
       
       
       
       
       
       
                                Ì9749400Î974940                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/10/2020           .                                
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       The Committee on Innovation, Industry, and Technology (Brandes)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1035 and 1036
    4  insert:
    5         Section 15. Paragraph (c) of subsection (2) of section
    6  565.03, Florida Statutes, is amended to read:
    7         565.03 License fees; manufacturers, distributors, brokers,
    8  sales agents, and importers of alcoholic beverages; vendor
    9  licenses and fees; distilleries and craft distilleries.—
   10         (2)
   11         (c) A craft distillery licensed under this section which is
   12  not licensed as a vendor under s. 561.221 may sell to consumers
   13  under its craft distillery license, at its souvenir gift shop,
   14  up to 75,000 gallons per calendar year of branded products
   15  distilled on its premises in this state in factory-sealed
   16  containers that are filled at the distillery for off-premises
   17  consumption by consumers. Such sales are authorized only on
   18  private property owned or leased by the craft distillery which
   19  is contiguous to the craft distillery’s licensed distillery
   20  premises approved by the division in this state and included on
   21  the sketch or diagram defining the licensed premises submitted
   22  with the distillery’s license application. All sketch or diagram
   23  revisions by the distillery shall require the division’s
   24  approval verifying that the souvenir gift shop location operated
   25  by the licensed distillery is owned or leased by the distillery
   26  and on property contiguous to the distillery’s production
   27  building in this state.
   28         1. A craft distillery may not sell under its craft
   29  distillery license any factory-sealed individual containers of
   30  spirits to consumers in this state except in face-to-face sales
   31  transactions with such consumers at the craft distillery’s
   32  licensed premises or on property owned or leased by the craft
   33  distillery which is contiguous to the craft distillery’s
   34  licensed premises. Such containers must be in compliance with
   35  the container limits in s. 565.10 who are making a purchase of
   36  no more than six individual containers of each branded product.
   37         2. Each container sold in face-to-face transactions with
   38  consumers must comply with the container limits in s. 565.10,
   39  per calendar year for the consumer’s personal use and not for
   40  resale and who are present at the distillery’s licensed premises
   41  in this state.
   42         2.3. A craft distillery must report to the division within
   43  5 days after it reaches the production limitations provided in
   44  paragraph (1)(b). Any retail sales to consumers at the craft
   45  distillery’s licensed premises are prohibited beginning the day
   46  after it reaches the production limitation.
   47         3.a.4. A craft distillery may not ship or arrange to ship
   48  any of its distilled spirits from a single retail location
   49  contiguous to the craft distillery’s licensed premises to
   50  consumers in this state and may sell and deliver only to
   51  consumers within the state in a face-to-face transaction at the
   52  distillery property. However,
   53         b. 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         4.5. Except as provided in subparagraph 6., it is unlawful
   58  to 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         5.6. 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 each of its premises in this state or in another
   70  state, territory, or country.
   71         Section 16. Subsection (4) is added to section 561.221,
   72  Florida Statutes, to read:
   73         561.221 Licensing of manufacturers and distributors as
   74  vendors and of vendors as manufacturers; conditions and
   75  limitations.—
   76         (4)(a) Notwithstanding s. 561.22, s. 561.42, or any other
   77  provision of the Beverage Law, the division may issue vendor’s
   78  licenses for the sale of alcoholic beverages on a distillery’s
   79  licensed premises to a distillery licensed under s. 565.03, even
   80  if such distillery is also licensed as a distributor.
   81         (b) If the vendor’s license is for the sale of alcoholic
   82  beverages on a distillery’s licensed premises, the licensed
   83  vendor premises must be included on the sketch or diagram
   84  defining the licensed premises submitted with the distillery’s
   85  license application. All sketch or diagram revisions by the
   86  distillery must be approved by the division and must verify that
   87  the vendor premises operated by the licensed distillery is owned
   88  or leased by the distillery and is located on the licensed
   89  distillery premises.
   90  
   91  ================= T I T L E  A M E N D M E N T ================
   92  And the title is amended as follows:
   93         Delete line 49
   94  and insert:
   95         condominium ombudsman; amending s. 565.03, F.S.;
   96         revising the requirements for the sale of branded
   97         products by a licensed craft distillery to consumers;
   98         deleting a provision that prohibits a craft distillery
   99         from selling more than six individual containers of a
  100         branded product to a consumer; revising requirements
  101         relating to the shipping of distilled spirits to
  102         consumers by a craft distillery; amending s. 561.221,
  103         F.S.; amending s. 561.221, F.S.; authorizing the
  104         division to issue vendor’s licenses to certain
  105         distilleries for the sale of alcoholic beverages on
  106         the distillery’s licensed premises; requiring that the
  107         licensed vendor premises be included on certain
  108         sketches and diagrams under certain circumstances;
  109         requiring that all revisions to sketches or diagrams
  110         be approved by the division; amending ss. 455.219,
  111         548.002,