Florida Senate - 2013 CS for SB 864
By the Committee on Regulated Industries; and Senator Thrasher
580-02405-13 2013864c1
1 A bill to be entitled
2 An act relating to tied house regulation; amending s.
3 561.42, F.S.; authorizing the Division of Alcoholic
4 Beverages and Tobacco of the Department of Business
5 and Professional Regulation to impose administrative
6 sanctions for certain violations relating to coupons
7 redeemable by vendors; providing an exception;
8 prohibiting licensees under the Beverage Law from
9 possessing or using certain coupons involving malt
10 beverages; conforming provisions; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsections (8) and (12) of section 561.42,
16 Florida Statutes, are amended to read:
17 561.42 Tied house evil; financial aid and assistance to
18 vendor by manufacturer, distributor, importer, primary American
19 source of supply, brand owner or registrant, or any broker,
20 sales agent, or sales person thereof, prohibited; procedure for
21 enforcement; exception.—
22 (8) The division may establish rules and require reports to
23 enforce and impose administrative sanctions for any violation of
24 the herein-established limitation upon credits, coupons, and
25 other forms of assistance in this section. Nothing herein shall
26 be taken to affect the provisions of s. 563.08, but shall govern
27 all other sales of intoxicating liquors.
28 (12) A Any manufacturer, distributor, importer, primary
29 American source of supply, or brand owner or registrant, or a
30 any broker, sales agent, or sales person thereof, may give,
31 lend, furnish, or sell to a vendor who sells the products of
32 such manufacturer, distributor, importer, primary American
33 source of supply, or brand owner or registrant any of the
34 following: neon or electric signs, window painting and
35 decalcomanias, posters, placards, and other advertising material
36 herein authorized to be used or displayed by the vendor in the
37 interior of his or her licensed premises.
38 (13) A licensee under the Beverage Law may not possess or
39 use, in physical or electronic format, any type of malt beverage
40 coupon, or malt beverage cross-merchandising coupon, in this
41 state, if:
42 (a) The coupon is produced, sponsored, or furnished,
43 directly or indirectly, by an alcoholic beverage manufacturer,
44 distributor, importer, brand owner, brand registrant, broker,
45 sales agent, or sales person thereof; and
46 (b) The coupon is or purports to be redeemable by a vendor
47 or other person who sells malt beverages to consumers in this
48 state.
49 (14) The division shall adopt make reasonable rules
50 governing promotional displays and advertising, which rules may
51 shall not conflict with or be more stringent than the federal
52 regulations pertaining to such promotional displays and
53 advertising furnished to vendors by distributors, manufacturers,
54 importers, primary American sources of supply, or brand owners
55 or registrants, or a any broker, sales agent, or sales person
56 thereof; provided, however, that:
57 (a) If a manufacturer, distributor, importer, brand owner,
58 or brand registrant of malt beverage, or a any broker, sales
59 agent, or sales person thereof, provides a vendor with
60 expendable retailer advertising specialties such as trays,
61 coasters, mats, menu cards, napkins, cups, glasses,
62 thermometers, and the like, such items shall be sold at a price
63 not less than the actual cost to the industry member who
64 initially purchased them, without limitation in total dollar
65 value of such items sold to a vendor.
66 (b) Without limitation in total dollar value of such items
67 provided to a vendor, a manufacturer, distributor, importer,
68 brand owner, or brand registrant of malt beverage, or a any
69 broker, sales agent, or sales person thereof, may rent, loan
70 without charge for an indefinite duration, or sell durable
71 retailer advertising specialties such as clocks, pool table
72 lights, and the like, which bear advertising matter.
73 (c) If a manufacturer, distributor, importer, brand owner,
74 or brand registrant of malt beverage, or a any broker, sales
75 agent, or sales person thereof, provides a vendor with consumer
76 advertising specialties such as ashtrays, T-shirts, bottle
77 openers, shopping bags, and the like, such items shall be sold
78 at a price not less than the actual cost to the industry member
79 who initially purchased them, but may be sold without limitation
80 in total value of such items sold to a vendor.
81 (d) A manufacturer, distributor, importer, brand owner, or
82 brand registrant of malt beverage, or a any broker, sales agent,
83 or sales person thereof, may provide consumer advertising
84 specialties described in paragraph (c) to consumers on any
85 vendor’s licensed premises.
86 (e) Coupons redeemable by vendors shall not be furnished by
87 distributors of beer to consumers.
88 (e)(f) Manufacturers, distributors, importers, brand
89 owners, or brand registrants of beer, and a any broker, sales
90 agent, or sales person thereof, may shall not conduct any
91 sampling activities that include tasting of their product at a
92 vendor’s premises licensed for off-premises sales only.
93 (f)(g) Manufacturers, distributors, importers, brand
94 owners, or brand registrants of beer, and a any broker, sales
95 agent, or sales person thereof, may shall not engage in
96 cooperative advertising with vendors.
97 (g)(h) Distributors of beer may sell to vendors draft
98 equipment and tapping accessories at a price not less than the
99 cost to the industry member who initially purchased them, except
100 there is no required charge, and a distributor may exchange any
101 parts that which are not compatible with a competitor’s system
102 and are necessary to dispense the distributor’s brands. A
103 distributor of beer may furnish to a vendor at no charge
104 replacement parts of nominal intrinsic value, including, but not
105 limited to, washers, gaskets, tail pieces, hoses, hose
106 connections, clamps, plungers, and tap markers.
107 Section 2. This act shall take effect July 1, 2013.