Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 470
       
       
       
       
       
       
                                Ì404640xÎ404640                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2014           .                                
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       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (14) of section 561.42, Florida
    6  Statutes, is amended to read:
    7         561.42 Tied house evil; financial aid and assistance to
    8  vendor by manufacturer, distributor, importer, primary American
    9  source of supply, brand owner or registrant, or any broker,
   10  sales agent, or sales person thereof, prohibited; procedure for
   11  enforcement; exception.—
   12         (14) The division shall adopt reasonable rules governing
   13  promotional displays and advertising, which rules may shall not
   14  conflict with or be more stringent than the federal regulations
   15  pertaining to such promotional displays and advertising
   16  furnished to vendors by distributors, manufacturers, importers,
   17  primary American sources of supply, or brand owners or
   18  registrants, or any broker, sales agent, or sales person
   19  thereof; however:
   20         (a) If a manufacturer, distributor, importer, brand owner,
   21  or brand registrant of malt beverage, or any broker, sales
   22  agent, or sales person thereof, provides a vendor with
   23  expendable retailer advertising specialties such as trays,
   24  coasters, mats, menu cards, napkins, cups, glasses,
   25  thermometers, and the like, such items may shall be sold only at
   26  a price not less than the actual cost to the industry member who
   27  initially purchased them, without limitation in total dollar
   28  value of such items sold to a vendor.
   29         (b) Without limitation in total dollar value of such items
   30  provided to a vendor, a manufacturer, distributor, importer,
   31  brand owner, or brand registrant of malt beverage, or any
   32  broker, sales agent, or sales person thereof, may rent, loan
   33  without charge for an indefinite duration, or sell durable
   34  retailer advertising specialties such as clocks, pool table
   35  lights, and the like, which bear advertising matter.
   36         (c) If a manufacturer, distributor, importer, brand owner,
   37  or brand registrant of malt beverage, or any broker, sales
   38  agent, or sales person thereof, provides a vendor with consumer
   39  advertising specialties such as ashtrays, T-shirts, bottle
   40  openers, shopping bags, and the like, such items may shall be
   41  sold only at a price not less than the actual cost to the
   42  industry member who initially purchased them, and but may be
   43  sold without limitation in total value of such items sold to a
   44  vendor.
   45         (d) A manufacturer, distributor, importer, brand owner, or
   46  brand registrant of malt beverage, or any broker, sales agent,
   47  or sales person thereof, may provide consumer advertising
   48  specialties described in paragraph (c) to consumers on any
   49  vendor’s licensed premises.
   50         (e)1. A manufacturer, distributor, or importer of malt
   51  beverages, or any contracted third-party agent thereof, may
   52  Manufacturers, distributors, importers, brand owners, or brand
   53  registrants of beer, and any broker, sales agent, or sales
   54  person thereof, shall not conduct any sampling activities that
   55  include the tasting of malt beverage products on:
   56         a. The licensed premises of any vendor authorized to sell
   57  alcoholic beverages by the drink for consumption on premises; or
   58         b. The licensed premises of any vendor authorized to sell
   59  alcoholic beverages only in sealed containers for consumption
   60  off premises if:
   61         (I) The licensed premises is at an establishment having at
   62  least 10,000 square feet of interior floor space exclusive of
   63  storage space not open to the general public; or
   64         (II) The licensed premises is a package store licensed
   65  under s. 565.02(1)(a) their product at a vendor’s premises
   66  licensed for off-premises sales only.
   67         2. A malt beverage tasting conducted under this paragraph
   68  must be limited to and directed toward the general public of the
   69  age of legal consumption.
   70         3. For a malt beverage tasting conducted under this
   71  paragraph on the licensed premises of a vendor authorized to
   72  sell alcoholic beverages for consumption on premises, each
   73  serving of a malt beverage to be tasted must be provided to the
   74  consumer by the drink in a tasting cup, glass, or other open
   75  container and may not be provided by the package in an unopened
   76  can or bottle or in any other sealed container.
   77         4. For a malt beverage tasting conducted under this
   78  paragraph on the licensed premises of a vendor authorized to
   79  sell alcoholic beverages only in sealed containers for
   80  consumption off premises, the tasting must be conducted in the
   81  interior of the building constituting the vendor’s licensed
   82  premises and each serving of a malt beverage to be tasted must
   83  be provided to the consumer in a tasting cup having a capacity
   84  of 3.5 ounces or less.
   85         5. A manufacturer, distributor, or importer, or any
   86  contracted third-party agent thereof, may not pay a vendor, and
   87  a vendor may not accept, a fee or compensation of any kind,
   88  including the provision of any malt beverage at no or reduced
   89  cost, to authorize the conduct of a malt beverage tasting under
   90  this paragraph.
   91         6.a. A manufacturer, distributor, or importer, or any
   92  contracted third-party agent thereof, conducting a malt beverage
   93  tasting under this paragraph must provide all of the beverages
   94  to be tasted, the total volume of which per tasting may not
   95  exceed 576 ounces; must have paid all excise taxes on those
   96  beverages which are required of the manufacturer or distributor;
   97  and must return to the manufacturer’s or distributor’s inventory
   98  all of the malt beverages provided for the tasting that remain
   99  unconsumed after the tasting. More than one tasting may be held
  100  on the licensed premises each day, but only one manufacturer,
  101  distributor, importer, or contracted third-party agent thereof,
  102  may conduct a tasting on the premises at any one time.
  103         b. Any samples of malt beverages provided to a vendor by a
  104  manufacturer, distributor, or importer, or any contracted third
  105  party agent thereof, in conjunction with or at the time of a
  106  tasting conducted under this paragraph on the licensed premises
  107  of that vendor are subject to the volume limit for that premises
  108  set forth under sub-subparagraph a.
  109         c. This subparagraph does not preclude a manufacturer,
  110  distributor, or importer, or any contracted third-party agent
  111  thereof, from buying the malt beverages it provides for the
  112  tasting from a vendor at no more than the retail price, but all
  113  of the malt beverages so purchased and provided for the tasting
  114  which remain unconsumed after the tasting must be removed from
  115  the premises of the tasting and properly disposed of.
  116         7. A manufacturer, distributor, or importer of malt
  117  beverages that contracts with a third-party agent to conduct a
  118  malt beverage tasting under this paragraph on its behalf is
  119  responsible for any violation of this section by that agent.
  120         8. This paragraph does not preclude a vendor from
  121  conducting a malt beverage tasting on its licensed premises
  122  using malt beverages from its own inventory.
  123         9. This paragraph is supplemental to and does not supersede
  124  any special act or ordinance.
  125         10. The division may, pursuant to ss. 561.08 and 561.11,
  126  adopt rules to implement, administer, and enforce this
  127  paragraph.
  128         (f) A manufacturer Manufacturers, distributor distributors,
  129  importer importers, brand owner owners, or brand registrant
  130  registrants of malt beverages beer, and any broker, sales agent,
  131  or sales person thereof or contracted third-party agent under
  132  paragraph (e), may shall not engage in cooperative advertising
  133  with a vendor and may not name a vendor in any advertising for a
  134  malt beverage tasting authorized under paragraph (e) vendors.
  135         (g) A distributor Distributors of malt beverages beer may
  136  sell to a vendor vendors draft equipment and tapping accessories
  137  at a price not less than the cost to the industry member who
  138  initially purchased them, except there is no required charge,
  139  and the a distributor may exchange any parts that which are not
  140  compatible with a competitor’s system and are necessary to
  141  dispense the distributor’s brands. A distributor of malt
  142  beverages beer may furnish to a vendor at no charge replacement
  143  parts of nominal intrinsic value, including, but not limited to,
  144  washers, gaskets, tail pieces, hoses, hose connections, clamps,
  145  plungers, and tap markers.
  146         Section 2. This act shall take effect July 1, 2014.
  147  
  148  ================= T I T L E  A M E N D M E N T ================
  149  And the title is amended as follows:
  150         Delete everything before the enacting clause
  151  and insert:
  152                        A bill to be entitled                      
  153         An act relating to malt beverage tastings; amending s.
  154         561.42, F.S.; removing the prohibition on beer
  155         samplings at the premises of vendors licensed for off
  156         premises sales only; authorizing malt beverage
  157         tastings on the licensed premises of certain vendors,
  158         subject to certain requirements, limitations,
  159         liabilities, and penalties; providing construction
  160         with respect to special acts and ordinances;
  161         authorizing rulemaking; revising the prohibition on
  162         cooperative advertising with a vendor and prohibiting
  163         certain persons from naming vendors in advertising for
  164         malt beverage tastings; revising language to conform
  165         terminology and editorial style; providing an
  166         effective date.