Best Places To Buy 40 Oz Beer In Florida

Florida has had some strange laws regarding the sale of beer and other malt liquors. The state has restricted the sale of beer to containers that hold either 32 ounces or fewer or 128 ounces or more. This means that 40-ounce beers are not permitted in Florida. However, there are some conflicting reports from residents, with some claiming to have seen 40-ounce beers for sale in certain areas.

40 oz beers are illegal in Florida

It is true that 40 oz beers are illegal in Florida. The law restricting sizes has been in effect since 1965, and it applies to all malt beverages, including malt liquor and beer. The statute, Fla. Stat. § 563.06(6), states that all malt beverages packaged in individual containers sold or offered for sale by vendors at retail in Florida must be in containers containing no more than 32 ounces. This statute was amended in 2001 to delete the previous language specifying acceptable bottle sizes and replace it with a ban on bottle sizes between 32 ounces and one gallon.

There are a few exceptions to this law, however. Malt beverages packaged in bulk, kegs, barrels, or individual containers containing one gallon or more are not subject to the 32-ounce limit. Additionally, "growlers", which are typically 64-ounce containers, are allowed as well.

The reason for this restriction is unclear, but it is speculated that it may have been enacted to help beer corporation lobbyists or wholesale distributors. Some believe that it was pushed through by a congressman friendly to the beer corporation lobbyists, while others argue that it was enacted to help Anheuser-Busch edge out its rival, Miller. Wholesale distributors have also successfully defeated bills to repeal the bottle size restriction, arguing that it would increase beer prices due to the need for more warehouse space and bigger trucks.

Despite the law, some people in Florida have reported seeing 40 oz beers being sold at gas stations and convenience stores, particularly in the Clearwater area. However, these reports are relatively rare, and it is unclear whether the sale of 40 oz beers in Florida is legal or not.

The inability to purchase 40 oz beers in Florida has been a source of frustration for some residents and visitors, who see it as a restriction on their freedom. There have been calls for a ballot initiative or referendum to modify the statute and allow the sale of 40 oz beers in the state.

Distributors' opposition to 40 oz beer

Distributors have been opposed to the sale of 40 oz beers in Florida for a variety of reasons. Firstly, there is an argument that allowing the sale of 40 oz beers would increase beer prices. Distributors claim that larger containers would require more warehouse space and bigger trucks, resulting in higher costs that would be passed on to consumers. There have also been concerns about the smooth flow of relationships between beer manufacturers and distributors, which could ultimately impact the availability of beer for consumers.

In addition to these economic arguments, distributors have also pointed to the public health implications of allowing 40 oz beers. Malt liquor, which is commonly sold in 40 oz containers, has a higher alcohol content than regular beer, typically ranging from 6% to 9% alcohol by volume. There are concerns that the target market for these high-alcohol beverages is young, inner-city, Black males, a population that is already disproportionately affected by alcohol-related diseases and with poor access to medical care. By limiting the container size to 32 oz, distributors argue that they are helping to reduce the negative health impacts on vulnerable communities.

Furthermore, the decline in the production and distribution of 40 oz beers can also be attributed to supply chain issues and cost-saving measures. Glass bottles, which are commonly used for 40 oz beers, are more expensive to produce and transport due to their weight. There has been a shift towards cans and plastic bottles as a result of these cost considerations, as well as the increasing popularity of hard seltzers and other alternative beverage options.

While some consumers may be disappointed by the decline of 40 oz beers, distributors have a responsibility to consider the economic, public health, and logistical implications of their product offerings.

Beer growlers are now legal in Florida

Florida has been one of only three states in the US where the 64-ounce beer growler was banned. However, as of 1 July 2015, half-gallon beer growlers are now legal in the state. This change came about due to the efforts of the Florida Brewers Guild's board of directors, who negotiated with lobbying groups for beer distributors during the state's legislative session.

The law restricting sizes had been in effect since 1965 and was originally enacted to prevent Miller Brewing Co. from distributing its popular 7-ounce pony bottles in the state. It is also rumoured that the law was a response to Miller Brewing Co. building a brewery in Albany, Georgia, instead of Tallahassee. In 2001, Senator Tom Lee led a major change to those restrictions, allowing beer to be sold in the state in any container size under a quart or over a gallon. However, the 64-ounce growler was still restricted, with Lee claiming that the bill's restriction was included to prevent overconsumption. This bill was also backed by major beer distributors, including Anheuser-Busch and Miller.

The legalization of the 64-ounce growler is a symbolic win for Florida breweries, demonstrating that small local craft breweries can band together for meaningful change. It also provides added revenue for craft brewers, even if it won't make or break their businesses.

To comply with the new law, breweries must ensure that growlers have their logo on them and identify the beer inside the growler, typically with a sticker or a tag. Growlers of any size can only be sold for off-premise consumption and must have an unbroken seal or be incapable of being immediately consumed. The law also specifies that growlers can only be one of three sizes: 32, 64, or 128 ounces.

40 oz beer in other states

While 40 oz beers are not available in Florida, they can be found in other states across the USA.

California

In California, you can find 40 oz beers at liquor stores and gas stations. Olde English 800 and Steel Reserve are popular options.

Texas

Texas also sells 40 oz beers, with brands like Colt 45 and Olde English available.

New York

In New York, you can find 40 oz beers at liquor stores and convenience stores. Popular brands include Steel Reserve, Olde English, and Bud Light.

Illinois

Illinois also offers 40 oz beers, with brands like Bud Light, Coors Light, and Olde English available at liquor and convenience stores.

Georgia

Georgia is another state where 40 oz beers are available. You can find them at gas stations and liquor stores, with brands like Colt 45 and Magnum being the most common.

It is worth noting that the availability of 40 oz beers may vary by state and local regulations, and some states may have restrictions on the sale of alcoholic beverages in certain container sizes. Additionally, the selection of brands and availability may change over time.

Florida's strange alcohol laws

Florida's alcohol laws are extensive and highly regulated. Here are some of the more unusual provisions:

40-Ounce Beer Ban

Florida has a ban on the sale of 40-ounce beers, with the law restricting the maximum size to 32 ounces. This law has been in place since 1965 and was allegedly enacted to help Anheuser-Busch edge out its rival, Miller.

Three-Tier System

Florida's alcohol laws are based on a three-tier system, which means there must be manufacturers, distributors, and retailers of beverage alcohol, and these three tiers must remain separate. This system has been challenged in court multiple times but remains in place.

Catering License Loophole

An interesting loophole in Florida's alcohol laws was discovered by a nightclub, Martinibar, which wanted to cater events outside of its home county. They were initially told they couldn't receive alcohol deliveries outside of their home county. However, they successfully argued that while the law was silent on this issue, it didn't explicitly prohibit such deliveries, and they won their case.

Automated Alcohol Dispensing Machines

La Galere Market, a mini-market chain, wanted to install secure automated alcohol dispensing machines (ADMs) in their unmanned stores. Their request was initially denied by the authorities, but they won their case by arguing that while the law didn't explicitly permit ADMs, it also didn't explicitly prohibit them.

Time Restrictions

In Florida, it is illegal to sell alcoholic beverages between midnight and 7 a.m., except for in certain establishments like theme parks and entertainment complexes. This restriction doesn't apply to Sundays after 8 a.m.

Underage Drinking

Florida has strict laws against underage drinking and providing alcohol to minors. It is illegal for anyone under 21 to possess or consume alcohol, and those who do can be charged with a misdemeanor. Additionally, it is illegal for licensees to sell or serve alcohol to anyone under 21, with penalties including fines and imprisonment.

Other Notable Laws

• It is illegal to sell alcohol within 500 feet of a school, unless approved by the county or municipality.
• Alcohol cannot be sold on Sundays before noon or after 8 p.m.
• Alcohol cannot be sold in places of business that are not properly zoned.
• It is illegal to sell alcohol to someone who is habitually addicted to it after receiving written notice from their family member.
• Alcohol cannot be advertised on neon signs.
• It is illegal to sell alcohol in containers holding over 32 ounces.

Frequently asked questions