With the legislative session underway and the insulting HB 1329 filed, now is probably a good time to look at the other malt beverage bills out there to see what they are up to. HB 1329, filed on Monday, may have the affect of being so utterly ridiculous that it diverts attention from the other malt beverage bills. Those bills are likely to get some edits and turn into “compromises”.  HB 7075 may be that compromise. The folks behind the drafting of the Big Beer Bill may hope they can have people “look over there” while unfavorable changes are made to the other malt beverage bills.

Here is a rundown:

HB 7075 – The “Compromise” Bill to HB 1329? (filed last Friday, February 28. 2014)

  • Allows self-distribution of up to 3,000 gallons
  • Allows for a “taproom” on the brewery premises without the need for a separate vendor’s license
  • Brewers could sell their own beers and collaboration beers for consumption on or off the premises in the taproom
  • Includes a requirement regarding where certain minimum percentages of sales must be brewed
    • 70% of beer sold in the taproom must be brewed at the licensed brewery (collaboration beers not included)
    • The other 30% can be brewed by the manufacturer elsewhere or in collaboration with another brewer
    • No guest taps
    • So if a manufacturer reaches the sales maximum for collaboration brews or beer brewed off premises before year end, it simply must cut off all such sales in the taproom, regardless of what product it has remaining (unless it will sell the proper % of beer brewed on premises to offset).
      • This would be terribly difficult to properly plan for.
  • Rather than an unlicensed taproom as described above, a brewer may have a vendor’s license at up to two locations (the other locations can operate unlicensed taprooms)
  • Breweries with a vendor’s license may sell beer as follows:
    • Beer brewed by the licensed manufacturer or in collaboration with another manufacturer for consumption on or off the premises
    • Beer brewed by other brewers for
      • on-premises consumption, or
      • off-premises consumption in containers of no more than 32 ounces (or bulk) or for off-premises consumption in growlers if the brewer holds a full quota liquor license (unlikely).
  • Brewpubs may be licensed as a manufacturer and vendor
    • The brewpub may not distribute or sell malt beverages outside the licensed brewpub premises.
    • The brewpub can brew beer at one brewpub location
    • Will not brew more than 10,000 kegs in a year
      • May sell its beer for consumption on the premises or in growlers for off-premises consumption
      • May sell beer brewed by other brewers for on premises consumption or off-premises consumption in containers of no more than 32 ounces (or bulk) or for off-premises consumption in growlers if the brewpub holds a full quota liquor license (unlikely).
    • Would clarify that a brewpub is not a manufacturer and that a manufacturer can only ship products between its licensed manufacturing premises (not to brewpubs owned by manufacturer).
  • Would allow collaboration beers to be shipped directly to either manufacturer involved in collaboration.
  • Defines a growler as a container manufactured to hold beer that is either 32 ounces, 64 ounces, 128 ounces, 1 liter or 2 liters.
    • Growlers must be properly labeled
    • Must be cleaned prior to filling
  • Provides for tastings by distributors and manufacturers at locations licensed to sell alcoholic beverages
    • Samples of no more than 2 ounces
    • No more than 8 products may be offered for samples at any one tasting
    • Only one sample of each beer per person
    • Tastings may be held between 10 a.m. and 8 p.m.

 

HB 283 – The First Growler Bill

  • Allows beer to be sold in individual containers of any size.
  • Requires the containers to include identifying information.
  • Requires the containers have an unbroken seal or be incapable of being immediately consumed.
  • Allows beer tastings to be conducted by manufacturers, distributors or vendors at locations licensed to sell alcoholic beverages.

 

CS/HB 387 – Committee Substitute for Beer Tastings Portion of Bill

  • Places limits on the size of the establishment that may conduct beer tastings when that establishment only sells alcoholic beverages for consumption of the premises
    • 10,000 square feet of interior floor space exclusive of storage space not open to the general public or is a package store licensed under 565.02(1)(a)
    • Provides for the manner in which the tastings are to be conducted
      • Product must be provided to the consumer by the drink in a:
        • tasting cup
        • glass, or
        • other open container
  • The product may not be provided in an unopened can/bottle/sealed container.
  • When a tasting is held at an establishment only licensed for off-premises consumption, each serving must be provided in a tasting cup that is no greater than 3 ounces.
  • When a party other than a vendor conducts a tasting on a vendor’s premises, the amount to be tasted may not exceed 576 ounces.
  • Vendors may conduct tastings using their own inventory.

 

CS/SB 406 – Committee Substitute Regarding Container Sizes

  • Rather than allowing individual containers of any size, this allows a size of 64 ounces or less, but nothing in between 32 ounces and 64 ounces.
  • Prohibits growler fills of guest taps.
  • Does not affect beer in packages of a gallon or more.

 

SB 470 – Beer Tastings

  • Allows distributors and vendors to conduct beer tastings