Buying Beer In Florida: 10 Oz Cans Available?

Florida has some of the most restrictive beer container laws in the United States. The state's laws dictate that beer must be sold in containers smaller than 32 ounces or larger than 128 ounces. This means that the industry-standard 64-ounce growler is illegal in Florida, and beer lovers are forced to buy two 32-ounce containers or a gallon, which is a lot of beer to consume quickly before it goes flat. The law restricting container sizes has been in effect since 1965 and was allegedly enacted to help Anheuser-Busch edge out its rival, Miller.

Beer containers in Florida can be 32 oz or 128 oz, but not in between

The law was amended in 2001 to allow beer to be sold in any container size up to a quart (32 oz) or a gallon (128 oz) or more, but not in between. This change was made by Sen. Tom Lee, who saw it as "an opportunity for less government". However, this change had an unintended consequence, as it allowed for the sale of gallon-sized growlers, which can encourage excessive drinking since the beer will go flat soon after opening.

Craft brewers in Florida have been pushing for a change to the law to allow the sale of 64-oz growlers, as they believe it would reduce costs, increase sales, and create jobs. However, there is opposition to this change from groups such as the Florida Beer Wholesalers Association and the Tampa Alcohol Coalition, who argue that it could lead to increased consumption and raise public health and safety concerns.

The Florida beer laws are rooted in Prohibition and are intended to prevent vertical integration in the alcohol industry, where a single company controls all aspects of a product from manufacture to sale. Florida brewers must use distributors to get their products to consumers, which can result in higher beer prices for consumers.

Breweries must use middlemen to distribute products, increasing costs

Beer distribution in the United States is governed by a three-tier system, which requires all alcohol to pass through a middleman. This system was introduced post-Prohibition to prevent producers from owning the primary phases of the industry, namely production and retail. While it has been successful in limiting the power of large producers, it has also created a legally mandated wholesale monopoly, which raises prices for consumers.

Florida's beer laws are rooted in Prohibition and follow the three-tier system: manufacturers, distributors, and merchants. Even the smallest breweries in Florida must use a distributor to sell their products, which increases the cost. This means that a keg of beer destined for a bar down the street must first go to a distributor's warehouse. Cutting out this middleman would likely mean cheaper beer for consumers but could also lead to increased consumption, raising public health and safety concerns.

The three-tier system was designed to prevent vertical integration and moderate drinking by stopping brewers from owning bars and selling large quantities of beer at very low prices. Distributors argue that the system keeps beer prices higher and prevents overconsumption and impaired driving. However, critics of the system, including craft brewers, argue that it increases costs and reduces sales and job creation.

The use of middlemen in the distribution process also creates a legally mandated monopoly at the wholesale level, reducing competition and raising prices. Distributors often have exclusive rights to distribute products to different retailers, giving them significant power within each state. This reduces competition and can lead to tacit collusion that further increases prices for consumers.

Breweries can sell directly to customers by claiming to be promoting tourism

Florida's beer laws are rooted in Prohibition. When Prohibition ended in 1933, it was replaced by a patchwork of state and federal laws based on the so-called three-tier system: manufacturers, distributors, and merchants. Breweries in Florida can sell directly to customers by claiming they are promoting tourism, which is the result of a loophole written for Busch Gardens when it was owned by Anheuser-Busch.

The three-tier system was intended to prevent vertical integration, where a single company controls all aspects of a product, from manufacture to sale. In Florida, a brewer (manufacturer) can only sell to a distributor, who can then sell to a vendor, and only then can the product be sold to the consumer. This system keeps beer prices higher and keeps distributors in business.

The tourism loophole was first created in 1986 when the Florida legislature made an exception for Busch Gardens, allowing them to brew beer and obtain a vendor's license to sell directly to consumers for off-premises consumption. The only condition was that the park had to "'promote tourism." As a theme park that brought tourists to South Florida, Busch Gardens fulfilled this definition.

This loophole caused confusion and legal battles between new breweries and lobbyists for Big Beer and Florida distributors. Manufacturers argued that opening a brewery should count as promoting tourism as it brings revenue and jobs to Florida. Opponents argued that there were no requirements for manufacturers to show that they were promoting tourism, and breweries were using a loophole that was meant only for Busch Gardens.

However, this loophole was closed in 2015 with the passing of Senate Bill 186, which amended Florida Statute § 561.221(2)(a). Breweries no longer need to promote tourism to obtain a vendor's license. While this change may have simplified the process for breweries, they still face restrictions on the number of licenses they can hold and how they can transport and deliver their products.

Despite the closure of the tourism loophole, breweries in Florida continue to face challenges in selling their products directly to consumers. One example is the restriction on growler sizes, which are limited to 32 ounces or 128 ounces, with the industry-standard 64-ounce size being illegal. This restriction has frustrated craft brewers who want to capitalize on the growing popularity of growlers.

Breweries can sell to patrons but not to a distributor for retail sale

Florida has some interesting laws regarding the sale of beer. While you can buy beer and wine at most grocery and convenience stores in Florida, there are some specific rules and restrictions that breweries must follow.

One notable restriction is that breweries can sell directly to customers, but only if they claim to be promoting tourism. This loophole was originally written for Busch Gardens when it was owned by Anheuser-Busch. As a result of this law, brewpubs can sell beer to patrons but cannot sell it to-go or to a distributor for retail sale. This means that, while you can enjoy a fresh brew at your local brewery, you won't be able to take any home with you or find it at your local retailer.

The restrictions on beer sales in Florida are a result of the state's three-tier system, which requires manufacturers, distributors, and merchants to operate independently. This system was established after Prohibition to prevent vertical integration and keep alcohol prices higher, thus reducing consumption and addressing public health and safety concerns. While this system may have good intentions, it also creates challenges for craft brewers, who must navigate complex laws and deal with middlemen to distribute their products, increasing costs and reducing potential business.

One of the most well-known consequences of Florida's beer laws is the restriction on growler sizes. Growlers are large, reusable glass bottles that keep beer fresh until opened. While the industry-standard size for growlers is 64 ounces, Florida restricts them to either 32 ounces (a quart) or 128 ounces (a gallon). This means that beer enthusiasts must purchase two 32-ounce growlers or a gallon, which is a significant amount of beer that must be consumed quickly before it goes flat.

Florida's beer container laws have evolved over time, and there are ongoing efforts to further modify them. In 2001, a change in the law allowed beer to be sold in any container size up to a quart or a gallon, but not in between. This created the current issue with the 64-ounce growler, which is now illegal in the state. While there have been attempts to legalize this size, they have faced opposition from lobbyists and distributor groups, who argue that changing the law could lead to increased consumption and public health risks.

Beer distributors guard their special status and have allies in groups like Mothers Against Drunk Driving

Beer distributors in Florida guard their special status and have allies in groups like Mothers Against Drunk Driving (MADD). MADD is a non-profit organisation that seeks to stop driving with any amount of alcohol in the bloodstream, prevent underage drinking, and support those affected by drunk driving. The group was founded in 1980 by Candace Lightner after her 13-year-old daughter was killed by a drunk driver. MADD has been influential in lobbying for stricter drunk driving laws and has helped to cut drunk driving deaths by approximately 40% since its founding.

Beer distributors in Florida are required by law to use middlemen to distribute their products, which increases costs. This three-tier system of manufacturers, distributors, and merchants is intended to prevent vertical integration and keep beer prices higher. Distributors argue that their special status is not just about business, but also about public health and safety. They claim that allowing brewers to sell directly to consumers could lead to increased consumption and impaired drivers.

Craft brewers in Florida have been pushing for changes to beer sales regulations, including the legalisation of 64-ounce growlers. They argue that the current restrictions increase costs and hinder their ability to boost business. However, distributors and their allies, like MADD, oppose these changes due to concerns about public health and safety.

The debate over beer distribution in Florida highlights the tension between business interests and public health concerns. Distributors and groups like MADD argue that maintaining the status quo helps to prevent drunk driving and protect public safety. On the other hand, craft brewers believe that changes to regulations could lower costs and boost business. Ultimately, the goal for all parties involved is to find a balance that prioritises public safety while also allowing for a thriving beer industry.

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