Proposed modernized
legislation will affect only small local Florida beer manufacturers
with an annual production of not more than 5000 bbls as follows (For
comparison purposes: Anheuser Busch produces over 500,000 bbls =
1 million kegs annually in Florida):
Proposed modernized legislation in red bold italics.
561.221 Licensing of manufacturers and distributors as vendors
and of vendors as manufacturers; conditions and limitations.
(1)(a) Nothing contained in s.561.22,
s.561.42,
or any other provision of the Beverage Law prohibits the ownership,
management,
operation, or control of not more than three vendor's licenses
for the sale of alcoholic beverages by a manufacturer of wine
who is licensed and engaged in the manufacture of wine in this
state,
even if such manufacturer is also licensed as a distributor;
provided that no such vendor's license shall be owned, managed,
operated,
or controlled by any licensed manufacturer of wine unless the
licensed premises of the vendor are situated on property contiguous
to the
manufacturing premises of the licensed manufacturer of wine.
(b) The Division of Alcoholic Beverages and Tobacco shall issue
permits to a certified Florida Farm Winery to conduct tasting
and sales of wine produced by certified Florida Farm Wineries
at Florida
fairs, trade shows, expositions, and festivals. The certified
Florida Farm Winery shall pay all entry fees and shall have a
winery representative
present during the event. The permit is limited to the length
of the event.
(2) The division is authorized to issue vendor's licenses to
a manufacturer of malt beverages, even if such manufacturer is
also
licensed as a distributor, for the sale of alcoholic beverages
on property consisting of a single complex, which property shall
include a brewery and such other structures which promote the
brewery and the tourist industry of the state. However, such
property may
be divided by no more than one public street or highway.
(3)(a) Notwithstanding other provisions of the Beverage Law,
any vendor licensed in this state may be licensed as a manufacturer
of malt beverages upon a finding by the division that:
1. The vendor will be engaged in brewing malt beverages at a
single location and in an amount which will not exceed 10,000
kegs per
year. For purposes of this subsection, the term "keg" means
15.5 gallons.
2. The malt beverages so brewed may be sold to consumers for
consumption on the vendor's licensed premises or on contiguous
licensed premises
owned by the vendor.
3. The malt beverages so brewed
may be sold to consumers for off premise consumption in sealed
containers,
including container
sizes
of 64 – 68oz commonly referred to as “growlers.”
4. The malt beverages so brewed may be sold to licensed distributors,
as defined by 561.14(2), for distribution to licensed vendors.
5.
No more than 5000 kegs of the malt beverages so brewed may
be sold at wholesale to licensed vendors. For purposes of this
subsection,
the term "keg" means 15.5 gallons.
(b) Any vendor
which is also licensed as a manufacturer of malt beverages
pursuant to this subsection shall be responsible for
applicable reports pursuant to ss.561.50 and 561.55 with respect to the amount of beverage manufactured each
month and
shall
pay applicable excise taxes thereon to the division by
the 10th day
of each month for the previous month.
(c) It shall be unlawful for any licensed distributor of
malt beverages or any officer, agent, or other representative
thereof to discourage
or prohibit any vendor licensed as a manufacturer under this
subsection from offering malt beverages brewed for consumption
on the licensed
premises of the vendor.
(d) It shall be unlawful for any manufacturer of malt beverages
or any officer, agent, or other representative thereof to
take any action to discourage or prohibit any distributor
of the manufacturer's
product from distributing such product to a licensed vendor
which is also licensed as a manufacturer of malt beverages
pursuant to
this subsection.
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