Such bond shall be in an amount of not more than $5,000 nor less than $1,000, in the discretion of the division, with a surety company licensed to do business in the state as surety. A beer package sales license ranges from $28 to $140 based on county size. 97-165. 29964, 1955; s. 1, ch. Protection under this section from arrest, charge, prosecution, or penalization for an offense listed in this section may not be grounds for suppression of evidence in other criminal prosecutions. s. 1, ch. All raw materials found in the possession of any person intending to manufacture the same into a beverage subject to tax under the Beverage Law, or into a beverage which would be subject to tax under such law if manufactured in accordance with the regulatory provisions thereof, for the purpose of fraudulently selling such manufactured beverage, or with the design to evade the payment of said tax; and all tools, implements, instruments, and personal property whatsoever, in the place or building or within any yard or enclosure or in the vicinity where such beverage or raw materials are found, may also be seized by the division or any sheriff or deputy sheriff, and shall be forfeited as aforesaid. 72-230; s. 870, ch. s. 5, ch. All common carriers of freight operating in the state shall file monthly reports with the division on forms to be prepared by the division which shall show in detail all shipments of alcoholic beverages transported by them to or from any point within the state. For purposes of this section, the term alcohol vaporizing device means any device, machine, or process which mixes spirits, liquor, or other alcohol products with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation. An official website of the United States government. 90-265; s. 22, ch. However, except for premises licensed on or before July 1, 1999, and except for locations that are licensed as restaurants, which derive at least 51 percent of their gross revenues from the sale of food and nonalcoholic beverages, pursuant to chapter 509, a location for on-premises consumption of alcoholic beverages may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the county or municipality approves the location as promoting the public health, safety, and general welfare of the community under proceedings as provided in s. 125.66(4), for counties, and s. 166.041(3)(c), for municipalities. 97-103. 23746, 1947; s. 20, ch. Every vehicle, vessel, or aircraft used in the transportation or removal of, or for the deposit or concealment of, any mash, wort, or wash or other fermented liquids, any moonshine whiskey, or any raw materials used to manufacture illicit liquors, utensils, or stills and stilling apparatus shall be seized and may be forfeited as provided by the Florida Contraband Forfeiture Act. 16774, 1935; CGL 1936 Supp. s. 15, ch. 79-11; s. 2, ch. Donation of forfeited beverages or raw materials to state institutions; sale of forfeited beverages. 72-230. 97-103; s. 5, ch. A .gov website belongs to an official government organization in the United States. Underage Drinking You must be 21 years of age to purchase, consume, or possess alcohol. The possession by any person, except a licensed manufacturer or distributor, a state bonded warehouse, or a common carrier, of any beverage which is taxable under the Beverage Law, or which would be taxable thereunder if such beverage were manufactured in or brought into the state in accordance with the regulatory provisions thereof, and upon which the tax has not been paid, shall be prima facie evidence that such beverage has been manufactured, or is being sold, removed, or concealed with design to evade payment of such tax. May not refuse service to any person solely because the person is not purchasing alcoholic beverages if that person is the designated driver for one or more persons who are purchasing alcoholic beverages at the establishment. Florida Alcohol Sales Laws. 72-230. 28073, 1953; ss. 4151(237); s. 1, ch. CC license. 61-218; ss. A person who violates this paragraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. s. 11, ch. Every other person, except manufacturers and distributors licensed in this state who are required to make reports under s. 561.55, who brings into the state from any point without the state any alcoholic beverages, in amounts exceeding 1 gallon in the aggregate, shall likewise file monthly reports with the division on the forms to be prepared by the division, which shall show in detail all such amounts of alcoholic beverages transported by them to any point within the state from any point without the state. 4151(271aa); s. 8, ch. 72-230; s. 866, ch. The division shall not be responsible for the enforcement of the hours of sale established by county or municipal ordinance. 91-60; s. 860, ch. 79-11. 71-355; s. 2, ch. 28291, 1953; s. 575, ch. 85-161. 18015, 1937; s. 5, ch. . 16774, 1935; CGL 1936 Supp. This subsection does not excuse a retail alcoholic beverage establishment from complying with any applicable municipal or county ordinance regulating the presence of persons under 21 years of age on the premises of any such establishment. The prohibition in this section against the possession of alcoholic beverages does not apply to the tasting of alcoholic beverages by a student who is at least 18 years of age, who is tasting the alcoholic beverages as part of the students required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education and that is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or is a public postsecondary education institution; if the student is enrolled in the college and is tasting the alcoholic beverages only for instructional purposes during classes that are part of such a curriculum; if the student is allowed only to taste, but not consume or imbibe, the alcoholic beverages; and if the alcoholic beverages at all times remain in the possession and control of authorized instructional personnel of the college who are 21 years of age or older. Such person carefully checked a driver license or an identification card issued by this state or another state of the United States, a passport, or a United States Uniformed Services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 21 years of age or older. s. 10, ch. Such reports shall show in detail the name of the shipper and the consignee of each shipment and a description of the kind and amount of each such shipment and shall be filed monthly on or before the 15th of each month for the calendar month previous. Penalties for violating Beverage Law; local ordinances; prohibiting regulation of certain activities or business transactions; requiring nondiscriminatory treatment; providing exceptions. Habitual drunkards; furnishing intoxicants to, after notice. 86-269; s. 25, ch. 19301, 1939; CGL 1940 Supp. It is unlawful for any vendor to store or keep any alcoholic beverages in any building or room other than: The building or room shown in the diagram accompanying the vendors license application; A building or room approved by the division and located in a county where the vendor has a license; or. Cannot sell alcohol over five percent ABV. 16774, 1935; CGL 1936 Supp. Licensing Details A Georgia fugitive who allegedly robbed a Shell Gas Station in Flagler County on Friday was shot 8 times by a convenience store clerk after taking law enforcement on a high-speed chase. 72-230; s. 1, ch. 2019-167. Any person or persons who by experience in the past in the handling or use of intoxicating liquors, or who by taste, smell, or the drinking of such liquors has knowledge as to the intoxicating nature thereof, may testify as to his or her opinion whether such beverage or liquor is or is not intoxicating, and a verdict based upon such testimony shall be valid. 85-285; s. 3, ch. All moneys received from such sales shall be paid by the division to the Chief Financial Officer for the account of the beverage fund and shall be subject to disbursement in accordance with the law relating thereto. 72-230. 87-365; s. 24, ch. 69-106; s. 2, ch. This means state and local jurisdictions may have their own requirements in addition to federal requirements. This week Florida lawmakers passed a new law allowing restaurants to sell alcoholic drinks with take-home meals. 73-334; s. 27, ch. Florida: The sale of alcohol is prohibited between 12 a.m. and 7 a.m. except in specific counties. Possession of beverage upon which federal tax unpaid. The terms raw material or substance for the purpose of this chapter shall mean and include, but not be limited to, any of the following: Any grade or type of sugar, syrup, or molasses derived from sugarcane, sugar beets, corn, sorghum, or any other source; starch; potatoes; grain or cornmeal, corn chops, cracked corn, rye chops, middlings, shorts, bran, or any other grain derivative; malt; malt sugar or malt syrup; oak chips, charred or not charred; yeast; cider; honey; fruit; grapes; berries; fruit, grape or berry juices or concentrates; wine; caramel; burnt sugar; gin flavor; Chinese bean cake or Chinese wine cake; urea; ammonium phosphate, ammonium carbonate, ammonium sulphate, or any other yeast food; ethyl acetate or any other ethyl ester; any other material of the character used in the manufacture of distilled spirits or any chemical or other material suitable for promoting or accelerating fermentation; any chemical or material of the character used in the production of distilled spirits by chemical reaction; or any combination of such materials or chemicals. 2002-7; s. 67, ch. 59-435; s. 574, ch. 4151(271r); s. 2, ch. 57-327; ss. 97-103; s. 2, ch. 4151(271s); s. 3, ch. 91-60; s. 5, ch. Any person who violates this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 4151(271r); s. 5, ch. 16774, 1935; s. 3, ch. 72-230. 16, 35, ch. 19301, 1939; CGL 1940 Supp. A person may not sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age or permit a person under 21 years of age to consume such beverages on the licensed premises. 4151(243); s. 2, ch. 72-230; s. 1, ch. Deputies said the victim was still holding money in his hands as if he was attempting to buy something at the time of the shooting. s. 5, ch. However, this section shall not apply: To manufacturers or distributors licensed under the Beverage Law, to state bonded warehouses, or to common carriers; or. Minnesota. 69-106; s. 571, ch. s. 2, ch. 19301, 1939; CGL 1940 Supp. LockA locked padlock 92-176; s. 52, ch. This section does not apply to a person who gives, serves, or permits to be served an alcoholic beverage to a student who is at least 18 years of age, if the alcoholic beverage is delivered as part of the students required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education and is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or that is a public postsecondary education institution; if the student is enrolled in the college and is required to taste alcoholic beverages that are provided only for instructional purposes during classes conducted under the supervision of authorized instructional personnel pursuant to such a curriculum; if the alcoholic beverages are never offered for consumption or imbibed by such a student and at all times remain in the possession and control of such instructional personnel, who must be 21 years of age or older; and if each participating student executes a waiver and consent in favor of the state and indemnifies the state and holds it harmless. 16774, 1935; CGL 1936 Supp. 19301, 1939; CGL 1940 Supp. s. 11, ch. 72-230. 19301, 1939; CGL 1940 Supp. In all prosecutions for violations of the Beverage Law: Proof that the liquor in question was and is known as whiskey, moonshine whiskey, shine, rum, gin, or brandy or by another similar name or names shall be prima facie evidence that such liquor is intoxicating and contains more than 4.007 percent of alcohol by volume and that same is intoxicating. LOCAL 4151(237); s. 1, ch. 72-230; s. 26, ch. 16, 35, ch. Whoever adulterates, for the purpose of sale, any liquor, used or intended for drink, with cocculus indicus, vitriol, opium, alum, capsicum, copperas, laurel water, logwood, brazil wood, cochineal, sugar of lead, or any other substance which is poisonous or injurious to health, and whoever knowingly sells any liquor so adulterated, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. s. 4, ch. 19301, 1939; CGL 1940 Supp. IN GENERAL: Article II. 91-60; s. 871, ch. Any violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. ss. 69-106; s. 2, ch. 29804, 1955; s. 2, ch. 91-60; s. 6, ch. 90-265; s. 859, ch. 4033, 1891; GS 3244, 3245; CGL 1936 Supp. Possession of alcoholic beverages by persons under age 21 prohibited. Persons under the age of 18 years who are employed in drugstores, grocery stores, department stores, florists, specialty gift shops, or automobile service stations which have obtained licenses to sell beer or beer and wine, when such sales are made for consumption off the premises. Jacksonville, FL United States Attorney Roger B. Handberg announces that Dylan Milton Jarvis (31, Orange Park) has been found guilty of unlawful possession of an unregistered National Firearms Act firearm (sawed-off shotgun), following a bench trial. 69-106; s. 563, ch. Possession of beverages in fraud of Beverage Law. 71-136; s. 2, ch. 23746, 1947; s. 5, ch. 18015, 1937; s. 5, ch. Any alcoholic beverage or raw materials used for the manufacture of alcoholic beverages that may be seized and forfeited under any of the provisions of the Beverage Law may, with the approval and consent of the Department of Business and Professional Regulation, be donated to any state-operated or charitable institution that may have a legitimate use therefor in the operation of such institution, or the division may sell such beverage so seized and forfeited to any licensed wholesaler in the state, upon the condition that all federal and state taxes that may be due thereon shall be paid, that such sale shall be made only upon submission by said division of a request for bids to at least five wholesale dealers in the state, and that such sale shall be made to the highest and best bidder therefor. This section shall not apply to a federal bonded warehouse owned wholly by, and operated solely for, a manufacturer or distributor licensed under the Beverage Law. However, a minor to whom this subsection otherwise applies may not be employed if the employment, whether as a professional entertainer or otherwise, involves nudity, as defined in s. 847.001, on the part of the minor and such nudity is intended as a form of adult entertainment. Proof that the beverage in question was contained in a container labeled as beer, ale, malt liquor, malt beverage, wine, or distilled spirits or with other similar name; and which bears the manufacturers insignia, name, or trademark is prima facie evidence that such beverage is an alcoholic beverage as defined in s. 561.01. Any person who violates this section by selling or offering for sale an alcohol vaporizing device commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Possession of beverage prima facie evidence; exception. Any person convicted of a violation of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. It is unlawful for any person to operate as an exporter of alcoholic beverages within the state without registering as an exporter pursuant to s. 561.17. WebAs used in the Beverage Law: (1) Division means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation. 79-11; s. 23, ch. Maximum available size is 20830, 1941; s. 1, ch. Illinois: Illinois allows counties to enforce the sale of alcohol. 95-144; s. 1, ch. Deputies said the victim was still holding money in his hands as if he was attempting to buy something at the time of the shooting. In the United States, each state has the authority to regulate the production, sale, and distribution of alcohol within its borders. 29964, 1955; s. 1, ch. Sunday restrictions: None. 69-106; s. 2, ch. 16, 35, ch. For instance, a 4COP license in a county with a population over 100,000 will cost you $1850 for one year. Possession of beverages upon which tax is unpaid. In the United States, each state has the authority to regulate the production, sale, and distribution of alcohol within its borders. The presence, in any conveyance or place, of any beverage upon which a tax is imposed by the Beverage Law or would be imposed if such beverage were manufactured in or brought into this state in accordance with the regulatory provisions thereof, and upon which the tax has not been paid, shall be prima facie evidence that such beverage is being removed, deposited, or concealed with intent to defraud the state of such tax; provided, that the provisions of this section shall not apply to any conveyance or any place owned by, or in the possession, custody, or control of a licensed manufacturer or distributor, a state bonded warehouse, or a common carrier. s. 7, ch. Please see the fee chart. 19301, 1939; CGL 1940 Supp. 97-103; s. 25, ch. 4151(271s); s. 2, ch. 23746, 1947; s. 2, ch. 19301, 1939; CGL 1940 Supp. 6-2. 16, 35, ch. 91-60; s. 4, ch. No. 57-327; ss. For the purposes of this paragraph, a dinner theater means a theater presenting consecutive productions playing no less than 3 weeks each in conjunction with dinner service on a regular basis. s. 11, ch. LUCIE Tighter regulations on alcohol consumption and concern that Gov. 4151(235); s. 10, ch. 16774, 1935; CGL 1936 Supp. In addition, both events must occur in the same room, and the only advertised price of admission must include both the cost of the meal and the attendance at the performance. Missouri. s. 18, ch. 57-327; ss. 16, 35, ch. Notwithstanding any provisions to the contrary, a person who is not prohibited by s. 562.111 from possessing alcoholic beverages may produce beer for personal or family use, and not for sale, in the amounts provided in this section without payment of taxes or fees or without a license. Any person violating any provision of this section of the law shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The person must remain at the scene until emergency medical services personnel arrive and must cooperate with the emergency medical services personnel and law enforcement officers at the scene. 97-103. Things To Consider The alcohol sales and consumption may only occur in conjunction with permissible host events, Any person under the age of 21 years testifying in any criminal prosecution or in any hearing before the division involving the violation by any other person of the provisions of this section may, at the discretion of the prosecuting officer, be given full and complete immunity from prosecution for any violation of law revealed in such testimony that may be or may tend to be self-incriminating, and any such person under 21 years of age so testifying, whether under subpoena or otherwise, shall be compelled to give any such testimony in such prosecution or hearing for which immunity from prosecution therefor is given. 72-230. 84-359; s. 2, ch. 72-230. 4151(271u); s. 25, ch. 2015-12. 4151(238); s. 1, ch. Some counties have 24-hour bars in them, whereas other counties may have stricter restrictions on the sale of alcoholic beverages. WebFlorida Beverage Law regulates the manufacturing, distribution, and sale of alcohol beverages within the state (Chapters 561 through 565, 567, and 568, Fla. 86-269; s. 867, ch. Permits for beer, wine and liquor manufacturers, brewers or distillers Each license has its own fee, with larger counties requiring bigger fees. 2003-261. 4151(271s); ss. 22633, 1945; s. 576, ch. If you plan to do business in a state, you must contact its appropriate authorities for more information about the state and local requirements. 25359, 1949; s. 1, ch. 72-183; s. 2, ch. s. 11, ch. Depends on the locality, but typically no sales on Sunday/Christmas sales. 20830, 1941; s. 2, ch. You can buy beer in cans or bottles up to 32 oz or growlers in 32, 64, or 128 oz sizes. To persons possessing not in excess of 1 gallon of such beverages if the beverage shall have been purchased by said possessor outside of the state in accordance with the laws of the place where purchased and shall have been brought into this state by said possessor. There are dozens of different types of liquor licenses in Florida. Notwithstanding the provisions of this section, it shall not be unlawful for any person to have in her or his possession, custody, or control a growler as described in s. 563.06(7), either full or empty, or to transport such growler. 97-103; s. 26, ch. WebFlorida Law prohibits the possession of open containers of alcoholic beverages by the driver and passengers of most motor vehicles. Possession of beverage not permitted to be sold under license. 72-230; s. 22, ch. 72-230. Any person who owns or has in her or his possession or under her or his control less than 1 gallon of liquor, as defined in the Beverage Law, which was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufactured commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. It is unlawful for any person to violate any provision of the Beverage Law, and any person who violates any provision of the Beverage Law for which no penalty has been provided shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; provided, that any person who shall have been convicted of a violation of any provision of the Beverage Law and shall thereafter be convicted of a further violation of the Beverage Law, shall, upon conviction of said further offense, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. It is unlawful for any person to consume any intoxicating liquor, except malt beverages of legal alcoholic content, at curb or drive-in stands, except within the building which is the address of the person holding a license for the sale of such intoxicating liquors. 16, 35, ch. WebIf your business is looking to sell alcohol, make sure to contact Beverage License Specialists today. Any person violating this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. s. 11, ch. Except as otherwise provided by county or municipal ordinance, no alcoholic beverages may be sold, consumed, served, or permitted to be served or consumed in any place holding a license under the division between the hours of midnight and 7 a.m. of the following day. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . 7648(30); s. 7, ch. Article I. Any person operating any dance hall in connection with the operation of any place of business where any alcoholic beverage is sold who shall knowingly permit or allow any person under the age of 18 years to patronize, visit, or loiter in any such dance hall or place of business, unless such minor is attended by one or both of his or her parents or by his or her natural guardian, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. s. 1, ch. 72-230; s. 863, ch. 562.06 and 565.02(1)(g) which is the address of the person holding a license for the sale of such intoxicating liquor. Whenever any riot has occurred or mob has gathered, or there is a reasonable cause to apprehend the occurrence of such events in any area of the state, the mayor or county commission shall immediately issue a proclamation ordering the suspension of sale of alcoholic beverages and the closing of the places described in subsection (1) until such time as the public peace and safety no longer requires such restrictions. 57-327; ss. Our customer-focused, deeply knowledgeable team is available by phone at. The finding of any still, still piping, still apparatus, or still worm, or any piece or part thereof, or any mash, wort, or wash or other fermented liquids in the dwelling house or place of business, or so near thereto as to lead to the reasonable belief that they are within the possession, custody, or control of the occupants of the dwelling house or place of business, shall be prima facie evidence of a violation of this section by the occupants of the dwelling house or place of business. Credit Jennifer Morrow on Flikr.com. Any person who knowingly violates any of the provisions of this section or the proclamation or permits any person in his or her employ to do so or connives with any other person to evade the terms of such proclamation shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. ss. 72-230. 57-1; ss. Any sheriff, deputy sheriff, employee of the division, or police officer may seize any of the vehicles, vessels, or conveyances, and the same may be forfeited as provided by law. 22669, 1945; s. 1, ch. 72-230. Definitions. 71-355; s. 2, ch. 97-103; s. 2, ch. 71-136; s. 2, ch. 69-106; s. 2, ch. Any authorized employee of the division, any sheriff, any deputy sheriff, or any police officer may make searches of persons, places, and conveyances of any kind whatsoever in accordance with the laws of this state for the purpose of determining whether or not the provisions of the Beverage Law are being violated. WebThe Land Development Code permits the temporary sale and consumption of alcoholic beverages provided such sales are licensed by the State and occur no more than six times within a 12-month period at the same location. 2006-203; s. 1, ch. 77-121; s. 1, ch. State and Local Laws. 2002-7; s. 68, ch. 97-103. Grand Cafe Brasserie. Mississippi. Section 6, ch. 4151(271-o); ss. 16, 35, ch. WebAlcoholic Beverage Permit (No Waiver Required) Overview You will need an Special Use Alcoholic Beverage Permit to sell alcoholic beverages at a restaurant, bar or other business. On November 14, 2017, Jackson County held a local option election pursuant to Chapter 567, Florida Statutes, in which a majority of registered voters approved of permitting alcoholic beverages containing more than 6.243 percent of alcohol by volume to be sold by the drink on the licensed premises of retail vendors. 29964, 1955; s. 568, ch. 16, 35, ch. 72-230; s. 855, ch. Florida as a state has no stipulation on Sunday alcohol sales. 65-534; s. 1, ch. Monthly reports by common and other carriers of beverages required. Daily specials need not be so posted. This section does not apply to any alcoholic beverages that are intended only for the personal consumption of the vendor, the vendors family, or the vendors personal guests. 99-156; s. 128, ch. Every such establishment shall maintain a menu on the premises which menu shall clearly designate the food containing alcoholic beverages. 4151(271p); s. 2, ch. 1, 2, ch. 18015, 1937; CGL 1940 Supp. APPLICATION: Complete form DBPR 80-68. 71-136; s. 2, ch. Any person who violates this section by selling or offering for sale an alcohol vaporizing device after having been previously convicted of such an offense within the past 5 years commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. 73-334; s. 49, ch. A licensee, or his or her or its agents, officers, servants, or employees, who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. However, if no satisfactory bid from a wholesaler is received, the division may then reject all bids and sell such beverage so seized and forfeited to any retailer, licensed in this state to sell such beverage, upon the condition that all federal and state taxes that may be due thereon shall have been paid, that such sale shall be made only upon submission by said division of a request for bids to at least five retail dealers in the state and that such sale shall be to the highest and best bidder therefor. 25359, 1949; s. 2, ch. 16, 35, ch. Who has, in the last past 5 years, been convicted of any felony in this state, any other state, or the United States. s. 7, ch. The possession by any person, except a licensed manufacturer or distributor, a state bonded warehouse, or a common carrier, of any mash, wort, or wash, or any other raw materials for the manufacture of beverage subject to tax under the Beverage Law, or which would be taxable thereunder if such beverage were manufactured or brought into the state in accordance with the regulatory provisions of such law, shall be prima facie evidence that such person intends to manufacture the same into such beverage for the purpose of selling such beverage with design to evade the payment of such tax. Notwithstanding the provisions of s. 562.45, any person under the age of 21 who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; however, any person under the age of 21 who has been convicted of a violation of this subsection and who is thereafter convicted of a further violation of this subsection is, upon conviction of the further offense, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
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