I mentioned on Twitter (https://twitter.com/KomlossyLaw) this past weekend that the deadline for amendments, including proposed committee substitutes and delete everything amendments, to SB 1714 (the bad beer bill in the Senate), was today (Monday, April 7, 2014) at 3:00.  The deadline has come and gone and the proposed amendments are as follows:

While the original bill would only include bottles of 32, 64 and 128 ounces to be sold as growlers, the amendment from Senator Stargel would include all sizes between (and including) 32 ounces and one gallon within the definition of a “growler”.

Senator Latvala filed seven amendments, including one that would delete the specified growler sizes altogether and allow for any size growler and also specifically included plastic as an appropriate container type for a growler.

Latvala’s other amendments would do the following:

  • Removes the language requiring a brewery to sell its own product (other than growlers – this was never included here) to a distributor only to re-acquire it if it wishes to sell it for off premises consumption.  It adds, instead, that sales for off-premises consumption allowed as permitted by the manufacturer’s vendor license (exception needed here – currently Fla. Stat. 561.221). Growlers would not be allowed to be filled from guest taps (not much of an issue).
  • Deletes this language: “Anything not specifically authorized in subsections (2) and (3) is prohibited unless otherwise authorized under the Beverage Law”
  • Deletes the come-to-rest exception distributors were seeking that would not require them to even pick up beer that they would immediately resell to brewers. It would be a great situation for a distributor to collect money for not distributing.
  • Deletes the prohibition against selling a growler of a brewery’s own beer brewed off premises by the same brewery.
  • Removes the unenforceable prohibition of picking up a growler to bring to a friend.

UPDATE FOLLOWING COMMUNITY AFFAIRS COMMITTEE MEETING:

The only amendment adopted was Stargel’s amendment that would allow all sizes of growlers between (and including) 32 ounces and one gallon (rather than simply set sizes of 32 ounces, 64 ounces, and 128 ounces)