The bill that may destroy local breweries

[Johnman1971]

This will be a sad day if this passes. Only effects Florida but if you have the time, please write to this congressman and tell him how foolish this bill is and how it will greatly effect our local breweries

http://www.flsenate.gov/Session/Bill/2014/1329

 

[Rhumbline]

I only made it through a few pages. Can you explain what specifically you are opposed to.

The parts I read seemed to be supporting small brewers, and asking for growlers to be made legal.

What did I miss?

 

[Homercidal]

How is this bad for local breweries??

It gives small breweries the right to sell growlers from their taproom for consumption later. It gives a brewery the right to offer tastings in their taproom.

If anything, I see this as a way to INCREASE revenue options for small breweries. Those kinds of sales are often desired by tourists or visitors passing through.

 

[headbanger]

I think the OP may work for AB.

 

[Hello]

How is this bad for local breweries??

It gives small breweries the right to sell growlers from their taproom for consumption later. It gives a brewery the right to offer tastings in their taproom.

If anything, I see this as a way to INCREASE revenue options for small breweries. Those kinds of sales are often desired by tourists or visitors passing through.

This is how I read it as well. Not sure what the OP is opposed to. I support this fully.

 

[fuzzy2133]

I am with all you that the bill looks like it is a big step for local breweries.

The first part causes confusion "deletes authorization to issue vendor's license to manufacturer of malt beverages for certain sales".

 

[geoffm33]

Here is a lik to someone that sums up some of the repercussions as well as try to detail who is behind the bill:

http://sprbrewcrew.wordpress.com/20...29-seeks-to-put-the-squeeze-on-craft-brewers/

EDIT: Here is a post on the BA forum:

http://www.beeradvocate.com/communi...ery-intends-to-go-through-distributor.158261/

 

[bdh]

The Florida Beer Wholesalers Association was the 3rd largest donor to the bill sponsor's last campaign:
http://www.followthemoney.org/database/uniquecandidate.phtml?uc=1413097

With additional donations from other alcohol distribution organizations (Gold Coast Beverage Distributors, Soutern Wine and Spirits) thrown in there. My guess is this bill is going to help beer distributors, not breweries.

 

[garcia]

I've always been a bigger fan of erasing laws, than adding new ones.

 

[Weezy]

It doesn't look bad at all. Its largely to allow growler sales by breweries while maintaining some protections for the distributors...

4(a) says that a brewery can only direct sell, on premises, from the tap. Sealed containers (i.e. bottled beer, six packs, cases) have to go through distributors or exporters.

4(b) says collaboration beers can't be poured. They must go through distributors/exporters.

The biggest hiccup is Section 6 which discusses labeling of growlers. Growlers are required to have a full label like bottled beer, including some tamper evident seal, and the container must be marked to identify alcohol is contained in the growler, the abv, the manufacturer, brand, type of beer, and volume. They'll need to print stickers for each beer on tap.

 

[sandyeggoxj]

It doesn't look bad at all. Its largely to allow growler sales by breweries while maintaining some protections for the distributors...



4(b) says collaboration beers can't be poured. They must go through distributors/exporters.

Where I come from this is a big deal. Why does it need to be in the law? 2 neighboring breweries get together and make something awesome. No one can get it on tap. WTF?

I am with Garcia on this one... We don't need MORE alcohol laws.

 

[Weezy]

They could pour a collaboration, i'd guess, if it was collaboration in name only. Only the brewery pouring it could have a financial stake in it.

 

[fuzzy2133]

They could pour a collaboration, i'd guess, if it was collaboration in name only. Only the brewery pouring it could have a financial stake in it.

Or do not market it as a collaboration on the labels just mention it word of mouth only and then you could deny everything as rumors.

 

[Johnman1971]

I don't know how to link so I will paste it here

http://www.intuitionaleworks.com/2014/03/18/help-save-florida-craft-beer/?age-verified=b849265dea

 

[kcmobrewer]

I agree on not needing MORE laws on alcohol... Some of it sounds good, but it seems like it is giving a heck of a lot of power to distributors... Plus the collaboration beer rule is just weird..

 

[FatDragon]

Sounds like a classic case of hiding an ugly law behind a nice-looking front. Giving growlers while taking away collaborations and on-site bottles and cans. Not necessarily something that will kill small breweries in Florida, but almost definitely something that means increased revenue for the distributors.

 

[DoWBrewer]

Where I come from this is a big deal. Why does it need to be in the law? 2 neighboring breweries get together and make something awesome. No one can get it on tap. WTF?

I am with Garcia on this one... We don't need MORE alcohol laws.

I would go further and say that a three tiered system with distributors is not necessary. Distributors should have to provide a service worth buying by breweries, not be mandated by law. We don't need more laws on beer or alcohol.

 

[Owly055]

Recently a similarly outrageous attack bill was sponsored here in Montana by the Montana Tavern Association. It included rules such as requiring breweries to sell 90% of their production through other retailers and distributors, as well as massively expensive licensing for breweries that exceeded 300 barrels per year if I recall correctly....... and various other punitive measures. We have an extremely strong microbrewing industry here, with huge local support. Montana is #3 behind Vermont and Oregon for breweries per capita, and the brew pubs are wildly popular. What is happening is that people are patronizing the brew pubs more and bars less, and the tavern owners association is seeking to kill or cripple the industry, forcing them to sell their product through them........ it's a struggle for survival. Unfortunately the tavern owners don't seem to see the hand writing on the wall.... Instead of tying to kill the microbreweries, perhaps they should be looking at legislation that makes it easy for them to brew in house. A double size pico brew type system would allow them to always have something new and interesting on tap.

H.W.

 

[soccerdad]

I wrote to a couple of the lawmakers in the Intuition Ale link. I was not able to say that I am a Florida voter, but I did say - very truthfully - that craft beer is one of the main things I appreciate as a Florida tourist. Classic case of big business, in this case the distributors, buying the vote of politicians whose chief aim is simply to get reelected.

 

[Pie_Man]

This from my LHBS's Facebook page:
March 24 a bill goes to subcommittee that will undoubtedly have a negative impact on some of our livelihoods. We really need your support. If you have already called, please call again. For more info and back story, please continue to read.

The Florida Brewers Guild needs your help!

Chair Mayfield has just placed HB 1329 on the agenda for the House Business & Professional Regulation Subcommittee for Monday, March 24, at 3pm. It is AWFUL for the craft beer industry (see summary below) and we are ready to launch a full assault to kill this bill.

We need your help – that means:

1. Call and email as many members of the committee as you can and TELL THEM HB 1329 is BAD for business and stifles the growing craft beer industry! If you are in their district, TELL THEM YOU ARE A CONSTITUENT. Here is a link to the committee members: http://myfloridahouse.gov/Sections/Committees/committeesdetail.aspx?TermId=85&CommitteeId=2723
2. Put out the call for help to all of the social media outlets you have – tell them the same thing – call and email the members of the committee and tell them to VOTE NO on HB 1329!
3. Contact your local media and let them know what is going on!
4. In case you want to reach out to the sponsor of HB 1329, his information is at: http://myfloridahouse.gov/Sections/Representatives/details.aspx?MemberId=4572&LegislativeTermId=85

HB 1329 – Quick Summary
- Eliminates the use of a 128 ounce growler
- Creates a specific, restrictive definition of a growler (not currently defined in Florida law)
- The bill would prohibit breweries from also opening a winery (currently permitted under FL law)
- Creates a grandfather clause as of July 1, 2014, and permits breweries that are currently opened and licensed to maintain their current license structure but PROHIBTS a brewery currently operating from obtaining any other vendor licenses after that date, which PROHIBITS a brewery from expanding their business!
- Stops breweries, even those with current vendor licenses, from selling any alcoholic beverages to go with the exception of growlers filled ONLY with beer made at that location. (Current law allows a brewery to sell beer to go in cans, bottles, growlers, etc., and even wine and spirits if they have the correct vendor license)
- Specifically PROHIBITS a brewery from selling a collaboration beer EVEN IF the beer was brewed and bottled at that current location. (This is currently allowed by law)
- "Allows" breweries to conduct free beer tastings at their own location (which they can ALREADY do).
- Exempts distributors from the 'come-to-rest' requirement for beer purchased from licensed Florida manufacturers. (then what is the purpose of the come to rest requirement for distributors?!)
- Permits growler sales ONLY at breweries or vendors with quota licenses (SEVERELY restricts the current law, and would prohibit specialty beer shops from selling growlers - this is VERY protectionist language and created specifically for certain industry members)
- REQUIRES breweries to fill growlers according to "food safety conditions as determined by a county or incorporated municipality" - this creates ANOTHER layer of bureaucracy and would create a ridiculous patchwork of different regulations around the state for growlers.
- Creates heightened requirements that a growler be sealed with a "tamperproof, tamper-evident seal" and include the *already* mandatory federal requirements; also, it conceivably prohibits ANYONE ELSE from selling a growler other than the brewery/vendor EVEN IF IT IS EMPTY - i.e., a store could not sell empty growlers.
- MAKES IT A SECOND DEGREE MISDEMEANOR if a brewery or quota licensed vendor DOES NOT adhere to every one of the new growler restrictions!

Also – in case you have not seen our problems in the Florida Senate:

http://www.miamiherald.com/2014/03/16/3998610/beer-distributors-brewers-fight.html#morer

http://www.myfoxtampabay.com/video?&clipId=9955427&autostart=true

It is time to get very angry. Let’s show them they cannot mess with the craft beer industry here in Florida.

 

[Pie_Man]

From my LHBS's Facebook page:
March 24 a bill goes to subcommittee that will undoubtedly have a negative impact on some of our livelihoods. We really need your support. If you have already called, please call again. For more info and back story, please continue to read.

The Florida Brewers Guild needs your help!

Chair Mayfield has just placed HB 1329 on the agenda for the House Business & Professional Regulation Subcommittee for Monday, March 24, at 3pm. It is AWFUL for the craft beer industry (see summary below) and we are ready to launch a full assault to kill this bill.

We need your help – that means:

1. Call and email as many members of the committee as you can and TELL THEM HB 1329 is BAD for business and stifles the growing craft beer industry! If you are in their district, TELL THEM YOU ARE A CONSTITUENT. Here is a link to the committee members: http://myfloridahouse.gov/Sections/Committees/committeesdetail.aspx?TermId=85&CommitteeId=2723
2. Put out the call for help to all of the social media outlets you have – tell them the same thing – call and email the members of the committee and tell them to VOTE NO on HB 1329!
3. Contact your local media and let them know what is going on!
4. In case you want to reach out to the sponsor of HB 1329, his information is at: http://myfloridahouse.gov/Sections/Representatives/details.aspx?MemberId=4572&LegislativeTermId=85

HB 1329 – Quick Summary
- Eliminates the use of a 128 ounce growler
- Creates a specific, restrictive definition of a growler (not currently defined in Florida law)
- The bill would prohibit breweries from also opening a winery (currently permitted under FL law)
- Creates a grandfather clause as of July 1, 2014, and permits breweries that are currently opened and licensed to maintain their current license structure but PROHIBTS a brewery currently operating from obtaining any other vendor licenses after that date, which PROHIBITS a brewery from expanding their business!
- Stops breweries, even those with current vendor licenses, from selling any alcoholic beverages to go with the exception of growlers filled ONLY with beer made at that location. (Current law allows a brewery to sell beer to go in cans, bottles, growlers, etc., and even wine and spirits if they have the correct vendor license)
- Specifically PROHIBITS a brewery from selling a collaboration beer EVEN IF the beer was brewed and bottled at that current location. (This is currently allowed by law)
- "Allows" breweries to conduct free beer tastings at their own location (which they can ALREADY do).
- Exempts distributors from the 'come-to-rest' requirement for beer purchased from licensed Florida manufacturers. (then what is the purpose of the come to rest requirement for distributors?!)
- Permits growler sales ONLY at breweries or vendors with quota licenses (SEVERELY restricts the current law, and would prohibit specialty beer shops from selling growlers - this is VERY protectionist language and created specifically for certain industry members)
- REQUIRES breweries to fill growlers according to "food safety conditions as determined by a county or incorporated municipality" - this creates ANOTHER layer of bureaucracy and would create a ridiculous patchwork of different regulations around the state for growlers.
- Creates heightened requirements that a growler be sealed with a "tamperproof, tamper-evident seal" and include the *already* mandatory federal requirements; also, it conceivably prohibits ANYONE ELSE from selling a growler other than the brewery/vendor EVEN IF IT IS EMPTY - i.e., a store could not sell empty growlers.
- MAKES IT A SECOND DEGREE MISDEMEANOR if a brewery or quota licensed vendor DOES NOT adhere to every one of the new growler restrictions!

Also – in case you have not seen our problems in the Florida Senate:

http://www.miamiherald.com/2014/03/16/3998610/beer-distributors-brewers-fight.html#morer

http://www.myfoxtampabay.com/video?&clipId=9955427&autostart=true

It is time to get very angry. Let’s show them they cannot mess with the craft beer industry here in Florida.

Edit: Sorry for the duplicate post. I'll keep this here so the post is on pages 2 and 3.

 

[Pie_Man]

This bill is bad. It mainly benefits the mega breweris, in fact it ws partially written by their lobbist, and the distributors. These regulations are completely unnecessary. This is crony capatalism, not good.