Florida Senate - 2010                                    SB 2062 
        
       
       
       By Senator Aronberg
       
       
       
       
       27-01546-10                                           20102062__
    1                        A bill to be entitled                      
    2         An act relating to malt beverages; amending s.
    3         561.221, F.S.; removing a provision limiting a vendor
    4         that brews malt beverages to the sale of the beverage
    5         to consumers only for consumption on the premises of
    6         the vendor or on a contiguous premises owned by the
    7         vendor; amending s. 563.06, F.S.; removing a provision
    8         limiting the size of individual containers of malt
    9         beverages which may be sold or offered for sale by
   10         vendors at retail; providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (3) of section 561.221, Florida
   15  Statutes, is amended to read:
   16         561.221 Licensing of manufacturers and distributors as
   17  vendors and of vendors as manufacturers; conditions and
   18  limitations.—
   19         (3)(a) Notwithstanding other provisions of the Beverage
   20  Law, any vendor licensed in this state may be licensed as a
   21  manufacturer of malt beverages upon a finding by the division
   22  that:
   23         1. The vendor will be engaged in brewing malt beverages at
   24  a single location and in an amount that which will not exceed
   25  10,000 kegs per year. For purposes of this subsection, the term
   26  “keg” means 15.5 gallons.
   27         2. The malt beverages so brewed will be sold to consumers
   28  for consumption on the vendor’s licensed premises or on
   29  contiguous licensed premises owned by the vendor.
   30         (b) Any vendor that which is also licensed as a
   31  manufacturer of malt beverages pursuant to this subsection is
   32  shall be responsible for applicable reports pursuant to ss.
   33  561.50 and 561.55 with respect to the amount of beverage
   34  manufactured each month and shall pay applicable excise taxes
   35  thereon to the division by the 10th day of each month for the
   36  previous month.
   37         (c) It shall be unlawful for any licensed distributor of
   38  malt beverages or any officer, agent, or other representative
   39  thereof to discourage or prohibit any vendor licensed as a
   40  manufacturer under this subsection from offering malt beverages
   41  brewed for consumption on the licensed premises of the vendor.
   42         (d) It shall be unlawful for any manufacturer of malt
   43  beverages or any officer, agent, or other representative thereof
   44  to take any action to discourage or prohibit any distributor of
   45  the manufacturer’s product from distributing such product to a
   46  licensed vendor that which is also licensed as a manufacturer of
   47  malt beverages pursuant to this subsection.
   48         Section 2. Subsection (6) of section 563.06, Florida
   49  Statutes, is amended to read:
   50         563.06 Malt beverages; imprint on individual container;
   51  size of containers; exemptions.—
   52         (6) All malt beverages packaged in individual containers
   53  sold or offered for sale by vendors at retail in this state
   54  shall be in individual containers of any size. containing no
   55  more than 32 ounces of such malt beverages; provided, however,
   56  that nothing contained in This section does not shall affect
   57  malt beverages packaged in bulk or in kegs or in barrels or in
   58  any individual container containing 1 gallon or more of such
   59  malt beverage regardless of individual container type.
   60         Section 3. This act shall take effect July 1, 2010.