Senate Bill sb2786

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    Florida Senate - 2004                                  SB 2786

    By Senator Haridopolos





    26-1552-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to consumer malt beverage

  3         tasting events; creating s. 563.09, F.S.;

  4         specifying certain operating requirements and

  5         limitations on consumer malt beverage tasting

  6         events; providing an effective date.

  7  

  8  Be It Enacted by the Legislature of the State of Florida:

  9  

10         Section 1.  Section 563.09, Florida Statutes, is

11  created to read:

12         563.09  Consumer malt beverage tasting events;

13  operating requirements and limitations.--

14         (1)  All participants in any consumer malt beverage

15  tasting event must be of legal drinking age. This section

16  applies to all malt beverages containing alcohol of less than

17  6 percent by volume.

18         (2)  The size of each tasting sample must not exceed 3

19  ounces for each malt beverage. No more than four different

20  brands may be served at any one tasting event.

21         (3)  All tasting events must be conducted during times

22  when it is legal to sell alcohol on the licensed vendor's

23  premises. No tasting event shall exceed a period of 3

24  continuous hours.

25         (4)  Any off-premises vendor who conducts tasting

26  events or who allows manufacturers to conduct tasting events

27  on its retail premises must identify a specific tasting area

28  or areas. Customers must remain in designated tasting areas

29  until they have finished consuming the sample.

30         (5)  A manufacturer may not conduct or pay for more

31  than one tasting event at any one vendor's location per month,

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2786
    26-1552-04                                              See HB




 1  including any tasting that is conducted by a third-party

 2  agency on behalf of the manufacturer. A vendor, at its own

 3  cost, may conduct unlimited tasting events.

 4         (6)  A manufacturer or vendor may use its own employees

 5  to conduct tasting events or hire third-party agency personnel

 6  to serve on its behalf. The manufacturer may not compensate

 7  any employee or agent of the vendor or any distributor for

 8  participating in the tasting event.

 9         (7)  A manufacturer facilitating the tasting event must

10  keep a record of each event the manufacturer conducts or pays

11  a third party to conduct on its behalf. The record shall

12  include the date and time of each event, the products served,

13  and the names of any servers.

14         (8)  All malt beverages shall be dispensed from their

15  original containers, prepared by the manufacturer, with labels

16  that are visible to the consumer. The manufacturer or any

17  third-party agency representing the manufacturer has the right

18  to conduct tasting events only for products that they own.

19  Manufacturers and third-party agencies may not facilitate the

20  tasting of products that they do not own for the purpose of

21  comparison.

22         (9)  Any product to be sampled must:

23         (a)  Not exceed 864 ounces or 3 cases, whichever is

24  less, of any one product sampled at any given tasting,

25  regardless of which vendor is conducting the tasting.

26         (b)  Be purchased by the manufacturer, or third-party

27  agency representing the manufacturer, from the vendor where

28  the tasting is to be conducted. The vendor must sell the

29  manufacturer or third-party agency conducting the tasting all

30  the products to be sampled for the same cost that the vendor

31  paid for the products.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2786
    26-1552-04                                              See HB




 1         (c)  Upon the end of each tasting, be removed from the

 2  vendor's premises by the manufacturer or third-party agency

 3  who purchased the product for the tasting.

 4         (10)  A manufacturer shall not reimburse a vendor for

 5  sample products used during a vendor-conducted tasting event.

 6         (11)  A vendor may advertise the tasting event inside

 7  the licensed premises or use any other method of communication

 8  that is currently legal to advertise alcoholic beverages on or

 9  off the premises, including, but not limited to, direct

10  mailers, flyers, or television or radio spots that the vendor

11  pays 100 percent of the cost to circulate or air. A

12  manufacturer or distributor, or a third-party agency of the

13  manufacturer or distributor, may not pay for the advertising

14  or participate in the circulation or broadcast of information

15  regarding a vendor's tasting event.

16         Section 2.  This act shall take effect upon becoming a

17  law.

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CODING: Words stricken are deletions; words underlined are additions.