| 1 | A bill to be entitled |
| 2 | An act relating to consumer malt beverage tasting events; |
| 3 | creating s. 563.09, F.S.; specifying certain operating |
| 4 | requirements and limitations on consumer malt beverage |
| 5 | tasting events; providing an effective date. |
| 6 |
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| 7 | Be It Enacted by the Legislature of the State of Florida: |
| 8 |
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| 9 | Section 1. Section 563.09, Florida Statutes, is created to |
| 10 | read: |
| 11 | 563.09 Consumer malt beverage tasting events; operating |
| 12 | requirements and limitations.-- |
| 13 | (1) All participants in any consumer malt beverage tasting |
| 14 | event must be of legal drinking age. This section applies to all |
| 15 | malt beverages containing alcohol of less than 6 percent by |
| 16 | volume. |
| 17 | (2) The size of each tasting sample must not exceed 3 |
| 18 | ounces for each malt beverage. No more than four different |
| 19 | brands may be served at any one tasting event. |
| 20 | (3) All tasting events must be conducted during times when |
| 21 | it is legal to sell alcohol on the licensed vendor?s premises. |
| 22 | No tasting event shall exceed a period of 3 continuous hours. |
| 23 | (4) Any off-premises vendor who conducts tasting events or |
| 24 | who allows manufacturers to conduct tasting events on its retail |
| 25 | premises must identify a specific tasting area or areas. |
| 26 | Customers must remain in designated tasting areas until they |
| 27 | have finished consuming the sample. |
| 28 | (5) A manufacturer may not conduct or pay for more than |
| 29 | one tasting event at any one vendor?s location per month, |
| 30 | including any tasting that is conducted by a third-party agency |
| 31 | on behalf of the manufacturer. A vendor, at its own cost, may |
| 32 | conduct unlimited tasting events. |
| 33 | (6) A manufacturer or vendor may use its own employees to |
| 34 | conduct tasting events or hire third-party agency personnel to |
| 35 | serve on its behalf. The manufacturer may not compensate any |
| 36 | employee or agent of the vendor or any distributor for |
| 37 | participating in the tasting event. |
| 38 | (7) A manufacturer facilitating the tasting event must |
| 39 | keep a record of each event the manufacturer conducts or pays a |
| 40 | third party to conduct on its behalf. The record shall include |
| 41 | the date and time of each event, the products served, and the |
| 42 | names of any servers. |
| 43 | (8) All malt beverages shall be dispensed from their |
| 44 | original containers, prepared by the manufacturer, with labels |
| 45 | that are visible to the consumer. The manufacturer or any third- |
| 46 | party agency representing the manufacturer has the right to |
| 47 | conduct tasting events only for products that they own. |
| 48 | Manufacturers and third-party agencies may not facilitate the |
| 49 | tasting of products that they do not own for the purpose of |
| 50 | comparison. |
| 51 | (9) Any product to be sampled must: |
| 52 | (a) Not exceed 864 ounces or 3 cases, whichever is less, |
| 53 | of any one product sampled at any given tasting, regardless of |
| 54 | which vendor is conducting the tasting. |
| 55 | (b) Be purchased by the manufacturer, or third-party |
| 56 | agency representing the manufacturer, from the vendor where the |
| 57 | tasting is to be conducted. The vendor must sell the |
| 58 | manufacturer or third-party agency conducting the tasting all |
| 59 | the products to be sampled for the same cost that the vendor |
| 60 | paid for the products. |
| 61 | (c) Upon the end of each tasting, be removed from the |
| 62 | vendor's premises by the manufacturer or third-party agency who |
| 63 | purchased the product for the tasting. |
| 64 | (10) A manufacturer shall not reimburse a vendor for |
| 65 | sample products used during a vendor-conducted tasting event. |
| 66 | (11) A vendor may advertise the tasting event inside the |
| 67 | licensed premises or use any other method of communication that |
| 68 | is currently legal to advertise alcoholic beverages on or off |
| 69 | the premises, including, but not limited to, direct mailers, |
| 70 | flyers, or television or radio spots that the vendor pays 100 |
| 71 | percent of the cost to circulate or air. A manufacturer or |
| 72 | distributor, or a third-party agency of the manufacturer or |
| 73 | distributor, may not pay for the advertising or participate in |
| 74 | the circulation or broadcast of information regarding a vendor?s |
| 75 | tasting event. |
| 76 | Section 2. This act shall take effect upon becoming a law. |