NOTICE IS HEREBY GIVEN THAT Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation, State of Florida, has received the petition for declaratory statement from Tipple’s Brews of Gainesville, LLC., Docket Number DS 2011-014. The petition seeks the agency's opinion as to the applicability of Section 562.34(1), Florida Statutes as it applies to the petitioner.
The Petitioner requests a declaratory statement inquiring as to whether or not a retailer that holds a 2COP alcoholic beverage license is prohibited from selling growlers under Section 562.34(1), Florida Statutes. Petitioner states that growlers are sealable containers which are filled at the beer tap of retail establishments. Furthermore, Petitioner states that growlers are used by small retail specialty beer stores as a cost-effective way to carry select, craft-beers that may not otherwise be available. Specifically, because Section 562.34(1), Florida Statutes, governs “Enforcement” of alcoholic beverage laws and for purposes of “maintaining control over delivery and distribution of alcohol through tax laws;” the Petitioner inquires as to why the Division has interpreted the above-referenced statute to prohibit a course of conduct when there is no legislative statement that bans the sale of growlers. According to Petitioner, all licensing and tax requirements are met in the case of growlers because the taxes for the beer is paid for and reported to the Division at the manufacturer level, by the wholesaler, and records are kept after retail delivery to the store.
A copy of the Petition for Declaratory Statement may be obtained by contacting: Agency Clerk, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-2217.
Please refer all comments to: Michael Ross, Chief Attorney, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-2202.