64 ounce

Growler Suit Update

The day after Senator Latvala filed his straight-forward growler bill that would leave the container laws in place and specifically allow growlers of 32, 64 and 128 ounces, there are some updates on the growler litigation filed in Federal court.

First, Judge Robin L. Rosenberg quickly denied a motion for oral argument on the State’s motion to dismiss. Plaintiff sought the hearing as a strong opportunity to make the clear point that the statute in place is completely irrational and has no rational relationship to any government interest. The Judge will rule based upon the papers.

At the motion to dismiss stage, a court will accept all factual allegations contained in the complaint as true and construe the complaint liberally in favor of the plaintiff. Ultimately, if a complaint may give rise to the entitlement of relief that can be awarded by the court, it should not be dismissed. While it is a […]

By |December 17th, 2014|Blog|0 Comments

Steube Files Beer Bill (HB 107) in the House. Seeks Limited Self-Distribution and Franchise Reform

Representative Gregory Steube filed HB 107 yesterday. The bill follows much of the language of the bills we saw in the previous session. For example, it would allow breweries to operate taprooms without separately acquiring a retail license. In those taprooms, the proposed bill would require that at least 70 percent of the beer sold (or given) to consumers must be brewed on premises. The remainder must be brewed by the same brewery but may be brewed off-site. Breweries would continue to be able to obtain vendors licenses (up to two) to operate their taprooms as they currently do. That would include selling beer for on and off premise consumption and allow for wine and/or liquor depending upon the vendor license owned by the brewery. Any brewery that has already applied for more than two vendor’s licenses prior to 3/15/15 or which has already been issue more than two such […]

By |December 16th, 2014|Blog|0 Comments

Legal Challenge of Florida’s Container Size Laws

Most are probably aware now that a lawsuit has been filed against the State of Florida (the Secretary of Florida’s Department of Business and Professional Regulation, which oversees the Division of Alcoholic Beverages and Tobacco and the Director of the Division of Alcoholic Beverages and Tobacco) seeking a declaration that Florida’s container size limitations are unconstitutional and enjoining enforcement of the container size limitations. Those container size limitations ban all containers between 32 and 128 ounces, thus making it illegal to sell or fill the industry standard 64 ounce growler. The suit was filed on behalf of a craft beer retailer that operates in Stuart.

Now that the suit has been filed, what kind of interesting things may follow? First, will the State defend this lawsuit? It’s relatively indefensible and may just be a waste of time and money. Defendants must simply prove that the challenged law is rationally related to […]

By |October 29th, 2014|Blog|1 Comment

Beer Bills Bring Dishonesty and Half-Truths

This blog was inspired by Mitch Rubin’s recent comments (proclaiming to support craft beer) that were reported in the Gainesville Sun. Mitch Rubin is the executive director of the Florida Beer Wholesalers Association (this is the group that represents ABInBev and has generally done their bidding). Rubin, who has cited “public health concerns” in the past when asked about blocking growler bills, again noted the need to protect the three tier system.  As we discussed previously, the three tier system isn’t all that it’s cracked up to be.  Plus, with groups like the Florida Beer Wholesalers Association doing what Anheuser Busch’s money tells them to do, does the three tier system really operate as it is meant to or the way that Mitch Rubin claims it needs to? The largest manufacturer is influencing the political process via one of those tiers that Rubin claims must be […]

By |April 3rd, 2014|Blog|2 Comments