Florida 2022 Regular Session

Florida House Bill H6097 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to tied house evil; repealing s. 2
16	16	561.42, F.S., relating to tied house evil; amending 3
17	17	ss. 561.221, 561.32, 561.423, 561.424, 564.07, 564.08, 4
18	18	565.16, and 565.17, F.S.; conforming provisions to 5
19	19	changes made by the act; providing an effective date. 6
20	20	7
21	21	Be It Enacted by the Legislature of the State of Florida: 8
22	22	9
23	23	Section 1. Section 561.42, Florida Statutes, is repealed. 10
24	24	Section 2. Paragraph (a) of subsection (1) and paragraph 11
25	25	(a) of subsection (2) of section 561.221, Florida Statutes, are 12
26	26	amended to read: 13
27	27	561.221 Licensing of manufacturers and distributors as 14
28	28	vendors and of vendors as manufacturers; conditions and 15
29	29	limitations.— 16
30	30	(1)(a) Nothing contained in s. 561.22 , s. 561.42, or any 17
31	31	other provision of the Beverage Law prohibits the ownership, 18
32	32	management, operation, or control of not more than three 19
33	33	vendor's licenses for the sale of alcoholic beverages by a 20
34	34	manufacturer of wine who is lice nsed and engaged in the 21
35	35	manufacture of wine in this state, even if such manufacturer is 22
36	36	also licensed as a distributor; provided that no such vendor's 23
37	37	license shall be owned, managed, operated, or controlled by any 24
38	38	licensed manufacturer of wine unless the licensed premises of 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	the vendor are situated on property contiguous to the 26
52	52	manufacturing premises of the licensed manufacturer of wine. 27
53	53	(2)(a) Notwithstanding s. 561.22 , s. 561.42, or any other 28
54	54	provision of the Beverage Law, the division is authorized to 29
55	55	issue vendor's licenses to a manufacturer of malt beverages, 30
56	56	even if such manufacturer is also licensed as a distributor, for 31
57	57	the sale of alcoholic beverages on property consisting of a 32
58	58	single complex, which property shall include a brewery. However, 33
59	59	such property may be divided by no more than one public street 34
60	60	or highway. 35
61	61	Section 3. Paragraph (a) of subsection (2) of section 36
62	62	561.32, Florida Statutes, is amended to read: 37
63	63	561.32 Transfer of licenses; change of officers or 38
64	64	directors; transfer of inter est.— 39
65	65	(2)(a) No person is entitled as a matter of right to a 40
66	66	transfer of a license or interest in a license to a relative or 41
67	67	to any other person or to a change of executive officers or 42
68	68	directors: 43
69	69	1. If the division has notified the licensee in writing 44
70	70	that a revocation, suspension, or administrative proceeding or a 45
71	71	proceeding under s. 561.42 has been or will be brought against 46
72	72	the license; or 47
73	73	2. If a licensee, executive officer, director, or person 48
74	74	holding an interest in the license or business has be en 49
75	75	arrested, charged, indicted, or convicted, or has appealed the 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	conviction, of a crime which is disqualifying under the 51
89	89	alcoholic beverage laws. Any licensee, executive officer, 52
90	90	director, or person holding an interest in a license or business 53
91	91	who is arrested, charged, indicted, or convicted, or has 54
92	92	appealed the conviction, of a crime which is disqualifying under 55
93	93	the alcoholic beverage laws is required to immediately notify 56
94	94	the division in writing of such action. 57
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96	96	It is unlawful to transfer or attempt to t ransfer any license or 59
97	97	interest in a license or business or change executive officers 60
98	98	or directors contrary to the provisions of this section. 61
99	99	Section 4. Section 561.423, Florida Statutes, is amended 62
100	100	to read: 63
101	101	561.423 Beer and malt beverages; in -store servicing 64
102	102	authorized.—Nothing in s. 561.42 or any other provision of the 65
103	103	Beverage Law shall prohibit a distributor of beer or malt 66
104	104	beverages from providing in -store servicing of beer or malt 67
105	105	beverages. "In-store servicing" as used herein means quality 68
106	106	control procedures which include, but are not limited to: 69
107	107	rotation of malt beverages on the vendor's shelves, rotation and 70
108	108	placing of malt beverages in vendor's coolers, proper stacking 71
109	109	and maintenance of appearance a nd display of malt beverages on 72
110	110	vendor's shelves, price -stamping of malt beverages in vendor's 73
111	111	licensed premises, and moving or resetting any product or 74
112	112	display in order to display a distributor's own product when 75
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125	125	authorized by the vendor. 76
126	126	Section 5. Subsection (2) of section 561.424, Florida 77
127	127	Statutes, is amended to read: 78
128	128	561.424 Vinous beverages; in -store servicing authorized. — 79
129	129	(2) Nothing in s. 561.42 or any other provision of the 80
130	130	alcoholic Beverage Law shall prohibit a distributor of wine from 81
131	131	providing in-store servicing of wine sold by such distributor to 82
132	132	a vendor. "In-store servicing" as used herein means: placing the 83
133	133	wine on the vendor's shelves and maintaining the appearance and 84
134	134	display of said wine on the vendor's shelves in the vendor's 85
135	135	licensed premises; placing the wine not so shelved or displayed 86
136	136	in a storage area designated by the vendor, which is located in 87
137	137	the vendor's licensed premises; rotation of vinous beverages; 88
138	138	and price stamping of vinous beverages in vendor's licensed 89
139	139	premises. This section shall not apply to distilled spirits. 90
140	140	Section 6. Section 564.07, Florida Statutes, is amended to 91
141	141	read: 92
142	142	564.07 Wine lists furnished to vendors. —A distributor of 93
143	143	vinous beverages in this state may furnish, give, rent, loan, or 94
144	144	sell to a vendor, and a vendor may accept, alcoholic beverage 95
145	145	lists, commonly referred to as "wine lists ," without the same 96
146	146	being a violation of s. 561.42(1) . 97
147	147	Section 7. Section 564.08, Florida Statutes, is amended to 98
148	148	read: 99
149	149	564.08 Wine tastings by distributors and vendors.—A 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	licensed distributor of vinous beverages, or any vendor, is 101
163	163	authorized to conduct wine tastings upon any licensed premises 102
164	164	authorized to sell vinous or spirituous beverages by package or 103
165	165	for consumption on premises without being in violation of s. 104
166	166	561.42, provided that the conduct of the wine tasting shall be 105
167	167	limited to and directed toward the general public of the age of 106
168	168	legal consumption. 107
169	169	Section 8. Section 565.16, Florida Statutes, is amended to 108
170	170	read: 109
171	171	565.16 Beverage lists furnished to vendors.—A distributor 110
172	172	of spirituous beverages in this state may furnish, give, rent, 111
173	173	loan, or sell to a vendor, and a vendor may accept, alcoholic 112
174	174	beverage lists, otherwise referred to as "wine lists ," without 113
175	175	the same being a violation of s. 561.42(1) . 114
176	176	Section 9. Subsection (1) of section 565.17, Florida 115
177	177	Statutes, is amended to read: 116
178	178	565.17 Beverage tastings by distributors, craft 117
179	179	distilleries, and vendors. — 118
180	180	(1) A licensed distributor of spirituous beverages, a 119
181	181	craft distillery as defined in s. 565.03, or any vendor is 120
182	182	authorized to conduct spirituous beverage tastings upon any 121
183	183	licensed premises authorized to sell spirituous beverages by 122
184	184	package or for consumption on premises without being in 123
185	185	violation of s. 561.42 , provided that the conduct of the 124
186	186	spirituous beverage tasting shall be limited to and directed 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	toward the general public of the age of legal consumption. 126
200	200	Section 10. This act shall take effect July 1, 2022. 127