Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 864
Barcode 482782
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/14/2013 .
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The Committee on Regulated Industries (Thrasher) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5
6 Section 1. Subsections (8) and (12) of section 561.42,
7 Florida Statutes, are amended to read:
8 561.42 Tied house evil; financial aid and assistance to
9 vendor by manufacturer, distributor, importer, primary American
10 source of supply, brand owner or registrant, or any broker,
11 sales agent, or sales person thereof, prohibited; procedure for
12 enforcement; exception.—
13 (8) The division may establish rules and require reports to
14 enforce and impose administrative sanctions for any violation of
15 the herein-established limitation upon credits, coupons, and
16 other forms of assistance in this section. Nothing herein shall
17 be taken to affect the provisions of s. 563.08, but shall govern
18 all other sales of intoxicating liquors.
19 (12) A Any manufacturer, distributor, importer, primary
20 American source of supply, or brand owner or registrant, or a
21 any broker, sales agent, or sales person thereof, may give,
22 lend, furnish, or sell to a vendor who sells the products of
23 such manufacturer, distributor, importer, primary American
24 source of supply, or brand owner or registrant any of the
25 following: neon or electric signs, window painting and
26 decalcomanias, posters, placards, and other advertising material
27 herein authorized to be used or displayed by the vendor in the
28 interior of his or her licensed premises.
29 (13) A licensee under the Beverage Law may not possess or
30 use, in physical or electronic format, any type of malt beverage
31 coupon, or malt beverage cross-merchandising coupon, in this
32 state, where:
33 (a) The coupon is produced, sponsored, or furnished,
34 directly or indirectly, by an alcoholic beverage manufacturer,
35 distributor, importer, brand owner, brand registrant, broker,
36 sales agent, or sales person thereof; and
37 (b) The coupon is or purports to be redeemable by a vendor
38 or other person who sells malt beverages to consumers in this
39 state.
40 (14) The division shall adopt make reasonable rules
41 governing promotional displays and advertising, which rules may
42 shall not conflict with or be more stringent than the federal
43 regulations pertaining to such promotional displays and
44 advertising furnished to vendors by distributors, manufacturers,
45 importers, primary American sources of supply, or brand owners
46 or registrants, or a any broker, sales agent, or sales person
47 thereof; provided, however, that:
48 (a) If a manufacturer, distributor, importer, brand owner,
49 or brand registrant of malt beverage, or a any broker, sales
50 agent, or sales person thereof, provides a vendor with
51 expendable retailer advertising specialties such as trays,
52 coasters, mats, menu cards, napkins, cups, glasses,
53 thermometers, and the like, such items shall be sold at a price
54 not less than the actual cost to the industry member who
55 initially purchased them, without limitation in total dollar
56 value of such items sold to a vendor.
57 (b) Without limitation in total dollar value of such items
58 provided to a vendor, a manufacturer, distributor, importer,
59 brand owner, or brand registrant of malt beverage, or a any
60 broker, sales agent, or sales person thereof, may rent, loan
61 without charge for an indefinite duration, or sell durable
62 retailer advertising specialties such as clocks, pool table
63 lights, and the like, which bear advertising matter.
64 (c) If a manufacturer, distributor, importer, brand owner,
65 or brand registrant of malt beverage, or a any broker, sales
66 agent, or sales person thereof, provides a vendor with consumer
67 advertising specialties such as ashtrays, T-shirts, bottle
68 openers, shopping bags, and the like, such items shall be sold
69 at a price not less than the actual cost to the industry member
70 who initially purchased them, but may be sold without limitation
71 in total value of such items sold to a vendor.
72 (d) A manufacturer, distributor, importer, brand owner, or
73 brand registrant of malt beverage, or a any broker, sales agent,
74 or sales person thereof, may provide consumer advertising
75 specialties described in paragraph (c) to consumers on any
76 vendor’s licensed premises.
77 (e) Coupons redeemable by vendors shall not be furnished by
78 distributors of beer to consumers.
79 (e)(f) Manufacturers, distributors, importers, brand
80 owners, or brand registrants of beer, and a any broker, sales
81 agent, or sales person thereof, may shall not conduct any
82 sampling activities that include tasting of their product at a
83 vendor’s premises licensed for off-premises sales only.
84 (f)(g) Manufacturers, distributors, importers, brand
85 owners, or brand registrants of beer, and a any broker, sales
86 agent, or sales person thereof, may shall not engage in
87 cooperative advertising with vendors.
88 (g)(h) Distributors of beer may sell to vendors draft
89 equipment and tapping accessories at a price not less than the
90 cost to the industry member who initially purchased them, except
91 there is no required charge, and a distributor may exchange any
92 parts that which are not compatible with a competitor’s system
93 and are necessary to dispense the distributor’s brands. A
94 distributor of beer may furnish to a vendor at no charge
95 replacement parts of nominal intrinsic value, including, but not
96 limited to, washers, gaskets, tail pieces, hoses, hose
97 connections, clamps, plungers, and tap markers.
98 Section 2. This act shall take effect July 1, 2013.
99
100 ================= T I T L E A M E N D M E N T ================
101 And the title is amended as follows:
102 Delete everything before the enacting clause
103 and insert:
104 A bill to be entitled
105 An act relating to tied house regulation; amending s.
106 561.42, F.S.; authorizing the Division of Alcoholic
107 Beverages and Tobacco of the Department of Business
108 and Professional Regulation to impose administrative
109 sanctions for certain violations relating to coupons
110 redeemable by vendors; providing an exception;
111 prohibiting licensees under the Beverage Law from
112 possessing or using certain coupons involving malt
113 beverages; conforming provisions; providing an
114 effective date.