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A bill to be entitled

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An act relating to the Beverage Law; amending s. 561.01,

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F.S.; defining the terms "distributor" and "importer";

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amending s. 561.22, F.S.; extending to importers and

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primary American sources the prohibition against having

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common ownership with retail vendors; amending s. 561.42,

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F.S.; extending to importers and primary American sources

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the prohibition against providing certain financial

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assistance to retail vendors; amending s. 561.56, F.S.;

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extending certain transportation rights and restrictions

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to importers; amending s. 561.57, F.S.; requiring that an

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importer make deliveries in vehicles owned or leased by

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the licensee which are subject to inspection and search

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without a warrant; amending s. 562.07, F.S.; extending to

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importers certain rights to transport unlimited quantities

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of alcoholic beverages; amending s. 562.15, F.S.;

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extending to importers certain rights to possess alcoholic

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beverages upon which excise taxes have not been paid;

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amending s. 562.20, F.S.; exempting importers from certain

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reporting requirements related to amounts of alcoholic

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beverages brought into the state; amending s. 562.26,

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F.S.; authorizing importers to receive alcoholic beverages

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upon which taxes have not been paid from storage warehouse

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operators; amending s. 563.02, F.S.; imposing a license

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tax upon importers of certain malt beverages; amending s.

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563.08, F.S.; requiring importers of malt or brewed

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beverages to make minimum cash deposits; deleting a

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provision limiting the cash deposit obligation to domestic

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malt or brewed beverages; amending s. 564.02, F.S.;

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imposing a license tax upon importers of certain brewed

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beverages and wines; providing an effective date.

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

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     Section 1.  Subsections (22) and (23) are added to section

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561.01, Florida Statutes, to read:

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     561.01  Definitions.--As used in the Beverage Law:

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     (22) "Distributor" means a person who purchases alcoholic

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beverages from a manufacturer, exporter, importer, or other

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distributor for resale to licensed retail vendors in this state.

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     (23) "Importer" means a person, other than a manufacturer,

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who sells alcoholic beverages produced outside this state to

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other persons for resale or use in this state.

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     Section 2.  Section 561.22, Florida Statutes, is amended to

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read:

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     561.22 Licensing manufacturers, importers, primary American

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sources, distributors, and registered exporters as vendors

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prohibited.--

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     (1)  Except as provided in this section, any applicant may

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receive a license as a manufacturer, importer, primary American

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source as defined in ss. 564.045 and 565.095, or distributor or

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may be registered as an exporter, but a license or registration

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may not be issued to a manufacturer, importer, primary American

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source, distributor, or exporter as a vendor, and a license or

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registration may not be issued to a vendor as a manufacturer,

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importer, primary American source, distributor, or exporter.

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     (2)(a)  If any applicant for a vendor's license or renewal

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thereof is an individual, such individual is within the

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provisions of subsection (1) if he or she is interested or

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connected, directly or indirectly, with any corporation which is

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engaged, directly or indirectly, or through any subsidiary or

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affiliate corporation, including any stock ownership exceeding

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0.5 percent owned individually, including a 0.5 percent interest

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in a blind or revocable trust, as set forth in subsection (3), in

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manufacturing, importing, distributing, or exporting alcoholic

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beverages under a license or registration of this state or any

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state of the United States.

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     (b)  If any applicant for a vendor's license or renewal

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thereof is a copartnership, such copartnership is within the

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provisions of subsection (1) if any member of the copartnership

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is interested or connected, directly or indirectly, with any

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corporation which is engaged, directly or indirectly, or through

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any subsidiary or affiliate corporation, including any stock

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ownership as set forth in subsection (3), in manufacturing,

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importing, distributing, or exporting alcoholic beverages under a

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license or registration of this state or any state of the United

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States.

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     (3)  If any applicant for a vendor's license or the renewal

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thereof is a corporation, such corporation is within the

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provisions of subsection (1) if such corporation is affiliated

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with, directly or indirectly, any other corporation which is

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engaged in manufacturing, importing, distributing, or exporting

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alcoholic beverages under a license or registration of this state

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or any other state of the United States, or if such applicant

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corporation is controlled by or the majority stock therein owned

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by another corporation, which latter corporation owns or controls

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in any way the majority stock or controlling interest in any

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other corporation that is engaged, directly or indirectly, in

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manufacturing, distributing, or exporting alcoholic beverages

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under a license or registration in this state or any other state

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in the United States.

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     (4) If any applicant for a manufacturer's, importer's, or

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distributor's license or an exporter's or primary American

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source's registration, or renewal thereof, is an individual or

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copartnership, such individual or copartnership is within the

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provisions of subsection (1) if the individual or any member of

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the copartnership is interested or connected, directly or

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indirectly, with any corporation which is engaged, directly or

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indirectly, or through any subsidiary or affiliate corporation,

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including any stock ownership as set forth in subsection (5) in

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selling alcoholic beverages as a vendor under a license of this

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state.

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     (5) If any applicant for a manufacturer's, importer's, or

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distributor's license or an exporter's or primary American

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source's registration, or the renewal thereof, is a corporation,

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such corporation is within the provisions of subsection (1) if

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such corporation is affiliated with, directly or indirectly, any

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other corporation which is engaged in selling alcoholic beverages

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as vendor under a license of this state or when such applicant

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corporation is controlled by, or the majority stock therein owned

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by another corporation, which latter corporation owns or controls

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in any way the majority stock or controlling interest in any

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other corporation that is engaged, directly or indirectly, in

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selling alcoholic beverages as vendor under a license of this

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state.

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     Section 3.  Section 561.42, Florida Statutes, is amended to

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read:

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     561.42  Tied house evil; financial aid and assistance to

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vendor by manufacturer or distributor prohibited; procedure for

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enforcement; exception.--

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     (1) No licensed manufacturer, importer, primary American

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source as defined in ss. 564.045 and 565.095, or distributor of

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any of the beverages herein referred to shall have any financial

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interest, directly or indirectly, in the establishment or

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business of any vendor licensed under the Beverage Law; nor shall

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such licensed manufacturer, importer, primary American source, or

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distributor assist any vendor by any gifts or loans of money or

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property of any description or by the giving of any rebates of

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any kind whatsoever. No licensed vendor shall accept, directly or

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indirectly, any gift or loan of money or property of any

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description or any rebates from any such licensed manufacturer,

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importer, primary American source, or distributor; provided,

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however, that this does not apply to any bottles, barrels, or

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other containers necessary for the legitimate transportation of

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such beverages or to advertising materials and does not apply to

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the extension of credit, for liquors sold, made strictly in

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compliance with the provisions of this section.

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     (2)  Credit for the sale of liquors may be extended to any

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vendor up to, but not including, the 10th day after the calendar

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week within which such sale was made.

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     (3)  In cases when payment for sales to a vendor is not made

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by the 10th day succeeding the calendar week in which such sale

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was made, the distributor who made such sale shall, within 3

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days, notify the division in writing of such fact; and the

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division, upon receipt of such notice, shall, after compliance

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with the proceedings hereinafter mentioned, declare in writing to

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such vendor and to all manufacturers, importers, and distributors

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within the state that all further sales to such vendor are

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prohibited until such time as the division certifies in writing

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that such vendor has fully paid for all liquors previously

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purchased. However, if a distributor received payment within the

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3-day period following the 10th day succeeding the calendar week

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in which the sale was made, the distributor, if notification to

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the division has not already been made, is not required to notify

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the division. Payments so made within the 3-day period do not

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constitute a violation of this section.

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     (4)  Before the division shall so declare and prohibit such

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sales to such vendor, it shall, within 2 days after receipt of

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such notice, give written notice to such vendor by mail of the

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receipt by the division of such notification of delinquency and

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such vendor shall be directed to forthwith make payment thereof

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or, upon failure to do so, to show cause before the division why

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further sales to such vendor shall not be prohibited. Good and

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sufficient cause to prevent such action by the division may be

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made by showing payment, failure of consideration, or any other

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defense which would be considered sufficient in a common-law

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action. The vendor shall have 5 days after receipt of such notice

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within which to show such cause, and he or she may demand a

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hearing thereon, provided he or she does so in writing within

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said 5 days, such written demand to be delivered to the division

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either in person or by due course of mail within such 5 days. If

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no such demand for hearing is made, the division shall thereupon

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declare in writing to such vendor and to all manufacturers and

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distributors within the state that all further sales to such

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vendor are prohibited until such time as the division certifies

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in writing that such vendor has fully paid for all liquors

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previously purchased. In the event such prohibition of sales and

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declaration thereof to the vendor, manufacturers, importers, and

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distributors is ordered by the division, the vendor may seek

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review of such decision by the Department of Business and

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Professional Regulation within 5 days. In the event application

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for such review is filed within such time, such prohibition of

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sales shall not be made, published, or declared until final

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disposition of such review by the department.

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     (5)  Upon receipt by the division from the distributor of

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the notice of nonpayment provided for by subsection (3), the

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division shall forthwith notify such delinquent vendor and all

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distributors in the state that no further purchases or sales of

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liquor by or to such vendor, except for cash, shall be made until

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good cause is shown by such vendor as heretofore provided for. No

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liquor shall be purchased by such vendor or sold to him or her by

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any distributor, except for cash, from and after such

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notification by the division and until such cause is shown as is

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provided for in subsection (4). In the event no good cause is

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shown, then all further sales, for cash or credit, are hereby

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prohibited after such declaration in writing by the division is

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sent to such vendor and distributors and until all delinquent

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accounts have been paid.

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     (6)  Nothing herein shall be taken to forbid the giving of

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trade discounts in the usual course of business upon wine and

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liquor sales.

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     (7)  The extension or receiving of credits in violation of

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this section shall be considered as an arrangement for financial

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assistance and shall constitute a violation of the Beverage Law

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and any maneuver, shift, or device of any kind by which credit is

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extended contrary to the provisions of this section shall be

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considered a violation of the Beverage Law.

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     (8)  The division may establish rules and require reports to

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enforce the herein-established limitation upon credits and other

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forms of assistance. Nothing herein shall be taken to affect the

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provisions of s. 563.08, but shall govern all other sales of

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intoxicating liquors.

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     (9)  The term "advertising materials" as used in this

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section does not include outside signs so located as to be

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connected with or appertaining to the vendor's licensed premises.

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     (10) No manufacturer, importer, primary American source, or

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distributor of the beverages referred to herein shall directly or

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indirectly give, lend, rent, sell, or in any other manner furnish

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to a vendor any outside sign, printed, painted, electric, or

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otherwise; nor shall any vendor display any sign advertising any

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brand of alcoholic beverages on the outside of his or her

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licensed premises, on any lot of ground of which the licensed

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premises are situate, or on any building of which the licensed

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premises are a part.

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     (11)  A vendor may display in the interior of his or her

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licensed premises, including the window or windows thereof, neon,

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electric, or other signs, including window painting and

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decalcomanias applied to the surface of the interior or exterior

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of such windows, and posters, placards, and other advertising

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material advertising the brand or brands of alcoholic beverages

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sold by him or her, whether visible or not from the outside of

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the licensed premises, but no vendor shall display in the window

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or windows of his or her licensed premises more than one neon,

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electric, or similar sign, advertising the product of any one

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manufacturer or importer who functions as a primary American

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source for the brand.

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     (12)  Any manufacturer or distributor may give, lend,

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furnish, or sell to a vendor who sells the products of such

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manufacturer or distributor neon or electric signs, window

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painting and decalcomanias, posters, placards, and other

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advertising material herein authorized to be used or displayed by

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the vendor in the interior of his or her licensed premises. The

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division shall make reasonable rules governing promotional

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displays and advertising, which rules shall not conflict with or

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be more stringent than the federal regulations pertaining to such

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promotional displays and advertising furnished to vendors by

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distributors, importers, and manufacturers; provided, however,

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that:

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     (a) If a manufacturer, importer, or distributor of malt

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beverage provides a vendor with expendable retailer advertising

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specialties such as trays, coasters, mats, menu cards, napkins,

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cups, glasses, thermometers, and the like, such items shall be

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sold at a price not less than the actual cost to the industry

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member who initially purchased them, without limitation in total

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dollar value of such items sold to a vendor.

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     (b)  Without limitation in total dollar value of such items

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provided to a vendor, a manufacturer, importer, or distributor of

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malt beverage may rent, loan without charge for an indefinite

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duration, or sell durable retailer advertising specialties such

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as clocks, pool table lights, and the like, which bear

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advertising matter.

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     (c) If a manufacturer, importer, or distributor of malt

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beverage provides a vendor with consumer advertising specialties

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such as ashtrays, T-shirts, bottle openers, shopping bags, and

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the like, such items shall be sold at a price not less than the

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actual cost to the industry member who initially purchased them,

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but may be sold without limitation in total value of such items

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sold to a vendor.

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     (d) A manufacturer, importer, or distributor of malt

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beverage may provide consumer advertising specialties described

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in paragraph (c) to consumers on any vendor's licensed premises.

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     (e)  Coupons redeemable by vendors shall not be furnished by

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distributors of beer to consumers.

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     (f) Manufacturers, importers, or distributors of beer shall

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not conduct any sampling activities that include tasting of their

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product at a vendor's premises licensed for off-premises sales

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only.

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     (g) Manufacturers, importers, and distributors of beer

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shall not engage in cooperative advertising with vendors.

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     (h)  Distributors of beer may sell to vendors draft

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equipment and tapping accessories at a price not less than the

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cost to the industry member who initially purchased them, except

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there is no required charge, and a distributor may exchange any

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parts which are not compatible with a competitor's system and are

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necessary to dispense the distributor's brands. A distributor of

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beer may furnish to a vendor at no charge replacement parts of

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nominal intrinsic value, including, but not limited to, washers,

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gaskets, tail pieces, hoses, hose connections, clamps, plungers,

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and tap markers.

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     Section 4.  Section 561.56, Florida Statutes, is amended to

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read:

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     561.56  Transportation of beverages by manufacturers,

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importers, distributors, and exporters.--Manufacturers,

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importers, distributors, and exporters may transport or cause to

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be transported such beverages from one place in this state to

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another place in this state, or from any place beyond the limits

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of this state into any place within this state, or from any place

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in this state to any place beyond this state, for sale at

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wholesale or export as herein provided, except that no beverage

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prohibited to be sold in certain counties in this state shall be

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transported for sale or be caused to be transported for sale in

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the counties where their sale is prohibited.

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     Section 5.  Subsections (2) and (5) of section 561.57,

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Florida Statutes, are amended to read:

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     561.57  Deliveries by licensees.--

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     (2) Deliveries made by a licensed manufacturer, importer,

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distributor, or vendor away from his or her place of business may

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be made only in vehicles which are owned or leased by the

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licensee. By acceptance of an alcoholic beverage license and the

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use of such vehicles, the licensee agrees that such vehicle shall

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always be subject to be inspected and searched without a search

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warrant, for the purpose of ascertaining that all provisions of

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the alcoholic beverage laws are complied with, by authorized

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employees of the division and also by sheriffs, deputy sheriffs,

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and police officers during business hours or other times the

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vehicle is being used to transport or deliver alcoholic

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beverages.

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     (5)  Nothing contained in this section shall prohibit

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deliveries by the licensee from his or her permitted storage area

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or deliveries by a distributor from the manufacturer or importer

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to his or her licensed premises; nor shall a pool buying agent be

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prohibited from transporting pool purchases to the licensed

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premises of his or her members with the licensee's owned or

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leased vehicles, and in such cases, no vehicle permit shall be

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required in the transporting of such alcoholic beverages. In

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addition, a licensed salesperson of wine and spirits is

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authorized to deliver alcoholic beverages in his or her vehicle

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on behalf of the distributor without having to obtain a vehicle

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permit.

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     Section 6.  Section 562.07, Florida Statutes, is amended to

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read:

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     562.07  Illegal transportation of beverages.--It is unlawful

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for alcoholic beverages to be transported in quantities of more

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than 12 bottles except as follows:

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     (1)  By common carriers;

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     (2)  In the owned or leased vehicles of licensed vendors

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transporting alcoholic beverage purchases from the distributor's

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place of business to the vendor's licensed place of business or

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off-premises storage and to which said vehicles are attached a

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permit or decal as provided for in the alcoholic beverage law;

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     (3)  By individuals who possess such beverages not for

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resale within the state;

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     (4) By licensed manufacturers, importers, distributors, or

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vendors delivering alcoholic beverages away from their place of

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business in vehicles which are owned or leased by such licensees;

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and

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     (5)  By a vendor, distributor, pool buying agent, or

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salesperson of wine and spirits as outlined in s. 561.57(5).

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     Section 7.  Section 562.15, Florida Statutes, is amended to

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read:

351

     562.15  Unlawful possession; unpaid taxes.--It is unlawful

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for any person to own or possess within this state any alcoholic

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beverage, unless full compliance has been had with the pertinent

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provisions of the Beverage Law as to payment of excise taxes on

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beverages of like alcohol content. However, this section shall

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not apply:

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     (1) To manufacturers, importers, or distributors licensed

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under the Beverage Law, to state bonded warehouses, or to common

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carriers; or

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     (2)  To persons possessing not in excess of 1 gallon of such

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beverages if the beverage shall have been purchased by said

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possessor outside of the state in accordance with the laws of the

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place where purchased and shall have been brought into this state

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by said possessor. The burden of proof that such beverages were

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purchased outside the state and in accordance with the laws of

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the place where purchased shall in all cases be upon the

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possessor of such beverages.

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     Section 8.  Section 562.20, Florida Statutes, is amended to

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read:

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     562.20  Monthly reports by common and other carriers of

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beverages required.--

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     (1)  All common carriers of freight operating in the state

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shall file monthly reports with the division on forms to be

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prepared by the division which shall show in detail all shipments

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of alcoholic beverages transported by them to or from any point

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within the state.

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     (2) Every other person, except manufacturers, importers,

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and distributors licensed in this state who are required to make

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reports under s. 561.55, who brings into the state from any point

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without the state any alcoholic beverages, in amounts exceeding 1

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gallon in the aggregate, shall likewise file monthly reports with

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the division on the forms to be prepared by the division, which

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shall show in detail all such amounts of alcoholic beverages

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transported by them to any point within the state from any point

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without the state. Every licensee under this law who ships any

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alcoholic beverage to points beyond the state shall file monthly

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reports with the division on forms to be prepared by the

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division, which shall show in detail all shipments of alcoholic

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beverages transported by them from any point within the state to

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any point without the state.

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     (3)  Such reports shall show in detail the name of the

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shipper and the consignee of each shipment and a description of

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the kind and amount of each such shipment and shall be filed

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monthly on or before the 15th of each month for the calendar

395

month previous.

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     Section 9.  Section 562.26, Florida Statutes, is amended to

397

read:

398

     562.26  Delivering beverage on which tax unpaid.--It is

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unlawful for any storage warehouse operator to deliver any

400

beverages subject to tax under the Beverage Law and on which the

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tax has not been paid to anyone within the state except a common

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carrier or a manufacturer or distributor licensed under the

403

Beverage Law to manufacture, import, or distribute the type of

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beverage so delivered.

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     Section 10.  Subsection (3) of section 563.02, Florida

406

Statutes, is amended to read:

407

     563.02  License fees; vendors; manufacturers and

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distributors.--

409

     (3) Each distributor or importer who shall distribute or

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sell alcoholic beverages containing less than 17.259 percent

411

alcohol by volume shall pay an annual state license tax of $1,250

412

for each establishment or branch he or she may operate.

413

     Section 11.  Section 563.08, Florida Statutes, is amended to

414

read:

415

     563.08  Cash deposit on beer sales.--All licensed

416

manufacturers and importers, when distributing under a

417

manufacturer's or importer's license, wholesalers and

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distributors of domestic malt or brewed beverages, as defined in

419

the Beverage Law, shall require a minimum cash deposit of 50

420

cents on the sale of each case of 24 bottles of any domestic malt

421

or brewed beverage herein referred to from their vendors, except

422

nonreturnable bottles, and all vendors thereof shall make a

423

minimum cash deposit of 50 cents on the purchase of each case of

424

24 bottles of any domestic malt or brewed beverage herein

425

referred to, except nonreturnable bottles, and vendors shall

426

require a minimum cash deposit of 50 cents on the sale of each

427

case of 24 bottles of any domestic malt or brewed beverages

428

herein referred to from their purchasers, except nonreturnable

429

bottles. Said manufacturers, importers, wholesalers, and

430

distributors shall keep a record of all such deposits and shall

431

make refund to their vendors within 10 days after receipt of

432

notice from such vendors in writing that empties are ready for

433

return, if such be true, to such manufacturers, importers,

434

wholesalers, and distributors.

435

     Section 12.  Subsection (3) of section 564.02, Florida

436

Statutes, is amended to read:

437

     564.02  License fees; vendors; manufacturers and

438

distributors.--

439

     (3)(a) Each distributor or importer authorized to sell

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brewed beverages containing malt, wines, and fortified wines in

441

counties where the sale of intoxicating liquors, wines, and beers

442

is permitted shall pay for each and every such establishment or

443

branch he or she may operate or conduct a state license tax of

444

$1,250.

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     (b)  A bona fide religious order, monastery, church, or

446

religious body that has a tax-exempt status as provided by s.

447

212.08(7)(m) or (p) may be licensed as a distributor under this

448

subsection if its sales and distribution are limited to wines

449

sold solely for religious or sacramental purposes to holders of

450

valid permits obtained under s. 564.03; and such religious order,

451

monastery, church, or religious body shall pay a state license

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tax of $50 for each and every such distribution establishment to

453

be operated by the licensee.

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     Section 13.  This act shall take effect July 1, 2008.