Florida Senate - 2018                             CS for SB 1224
       
       
        
       By the Committee on Appropriations; and Senator Bradley
       
       
       
       
       
       576-03577-18                                          20181224c1
    1                        A bill to be entitled                      
    2         An act relating to the Beverage Law; amending s.
    3         561.42, F.S.; authorizing a malt beverage distributor
    4         to give branded glassware to vendors licensed to sell
    5         malt beverages for on-premises consumption; requiring
    6         that the glassware bear certain branding; providing an
    7         annual limit on the amount of glassware a distributor
    8         may give to a vendor; prohibiting a vendor from
    9         selling the branded glassware or returning it to a
   10         distributor for cash, credit, or replacement;
   11         requiring manufacturers, importers, distributors, and
   12         vendors to maintain certain records; defining the
   13         terms “case” and “glassware”; providing an effective
   14         date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (a) of subsection (14) of section
   19  561.42, Florida Statutes, is amended to read:
   20         561.42 Tied house evil; financial aid and assistance to
   21  vendor by manufacturer, distributor, importer, primary American
   22  source of supply, brand owner or registrant, or any broker,
   23  sales agent, or sales person thereof, prohibited; procedure for
   24  enforcement; exception.—
   25         (14) The division shall adopt reasonable rules governing
   26  promotional displays and advertising. Such rules may, which
   27  rules shall not conflict with or be more stringent than the
   28  federal regulations pertaining to such promotional displays and
   29  advertising furnished to vendors by distributors, manufacturers,
   30  importers, primary American sources of supply, or brand owners
   31  or registrants, or any sales agent or sales person thereof;
   32  however:
   33         (a) If a manufacturer, distributor, importer, brand owner,
   34  or brand registrant of malt beverage, or any sales agent or
   35  sales person thereof, provides a vendor with branded expendable
   36  retailer advertising specialties such as trays, coasters, mats,
   37  menu cards, napkins, cups, glassware glasses, thermometers, and
   38  the like, such items may be sold only at a price not less than
   39  the actual cost to the industry member who initially purchased
   40  them, without limitation in total dollar value of such items
   41  sold to a vendor. However, a distributor that receives glassware
   42  at no charge on a no-charge invoice from a malt beverage
   43  manufacturer or importer may give such glassware to a vendor
   44  licensed to sell malt beverages for on-premises consumption.
   45  Each piece of glassware given to a vendor by a distributor must
   46  bear a permanent brand name intended to prominently advertise
   47  the brand. A distributor may not give a vendor more than 10
   48  cases of glassware per calendar year per licensed premises. A
   49  vendor that receives a gift of glassware from a distributor may
   50  not sell the glassware or return it to a distributor for cash,
   51  credit, or replacement. A manufacturer or importer that sells or
   52  gives glassware to a distributor, a distributor that sells or
   53  gives glassware to a vendor, and such vendor must maintain
   54  records of such sale or gift of glassware. As used in this
   55  paragraph, the term:
   56         1. “Case” means a box containing up to 24 pieces of
   57  glassware.
   58         2. “Glassware” means a single-service glass container that
   59  can hold no more than 23 ounces of liquid volume.
   60         (b) Without limitation in total dollar value of such items
   61  provided to a vendor, a manufacturer, distributor, importer,
   62  brand owner, or brand registrant of malt beverage, or any sales
   63  agent or sales person thereof, may rent, loan without charge for
   64  an indefinite duration, or sell durable retailer advertising
   65  specialties such as clocks, pool table lights, and the like,
   66  which bear advertising matter.
   67         (c) If a manufacturer, distributor, importer, brand owner,
   68  or brand registrant of malt beverage, or any sales agent or
   69  sales person thereof, provides a vendor with consumer
   70  advertising specialties such as ashtrays, T-shirts, bottle
   71  openers, shopping bags, and the like, such items may be sold
   72  only at a price not less than the actual cost to the industry
   73  member who initially purchased them, and may be sold without
   74  limitation in total value of such items sold to a vendor.
   75         (d) A manufacturer, distributor, importer, brand owner, or
   76  brand registrant of malt beverage, or any sales agent or sales
   77  person thereof, may provide consumer advertising specialties
   78  described in paragraph (c) to consumers on any vendor’s licensed
   79  premises.
   80         (e) A manufacturer, distributor, importer, brand owner, or
   81  brand registrant of malt beverages, and any sales agent or sales
   82  person thereof or contracted third-party, may not engage in
   83  cooperative advertising with a vendor and may not name a vendor
   84  in any advertising for a malt beverage tasting authorized under
   85  s. 563.09.
   86         (f) A distributor of malt beverages may sell to a vendor
   87  draft equipment and tapping accessories at a price not less than
   88  the cost to the industry member who initially purchased them,
   89  except there is no required charge, and the distributor may
   90  exchange any parts that are not compatible with a competitor’s
   91  system and are necessary to dispense the distributor’s brands. A
   92  distributor of malt beverages may furnish to a vendor at no
   93  charge replacement parts of nominal intrinsic value, including,
   94  but not limited to, washers, gaskets, tail pieces, hoses, hose
   95  connections, clamps, plungers, and tap markers.
   96         Section 2. This act shall take effect October 1, 2018.