Florida Senate - 2018                                    SB 1224
       
       
        
       By Senator Bradley
       
       
       
       
       
       5-00800-18                                            20181224__
    1                        A bill to be entitled                      
    2         An act relating to the Beverage Law; amending s.
    3         561.42, F.S.; authorizing a malt beverage distributor
    4         to give branded glassware to vendors licensed to sell
    5         malt beverages for on-premises consumption; requiring
    6         that the glassware bear certain branding; providing an
    7         annual limit on the amount of glassware a distributor
    8         may give to a vendor; prohibiting a vendor from
    9         selling the branded glassware or returning it to a
   10         distributor for cash, credit, or replacement; defining
   11         the terms “case” and “glassware”; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (a) of subsection (14) of section
   17  561.42, Florida Statutes, is amended to read:
   18         561.42 Tied house evil; financial aid and assistance to
   19  vendor by manufacturer, distributor, importer, primary American
   20  source of supply, brand owner or registrant, or any broker,
   21  sales agent, or sales person thereof, prohibited; procedure for
   22  enforcement; exception.—
   23         (14) The division shall adopt reasonable rules governing
   24  promotional displays and advertising. Such rules may, which
   25  rules shall not conflict with or be more stringent than the
   26  federal regulations pertaining to such promotional displays and
   27  advertising furnished to vendors by distributors, manufacturers,
   28  importers, primary American sources of supply, or brand owners
   29  or registrants, or any sales agent or sales person thereof;
   30  however:
   31         (a) If a manufacturer, distributor, importer, brand owner,
   32  or brand registrant of malt beverage, or any sales agent or
   33  sales person thereof, provides a vendor licensed to sell malt
   34  beverages for on-premises consumption with branded expendable
   35  retailer advertising specialties such as trays, coasters, mats,
   36  menu cards, napkins, cups, glassware glasses, thermometers, and
   37  the like, such items may be sold only at a price not less than
   38  the actual cost to the industry member who initially purchased
   39  them, without limitation in total dollar value of such items
   40  sold to a vendor. However, a distributor that has received
   41  glassware at no charge from a malt beverage manufacturer or
   42  importer may give such glassware to a vendor licensed to sell
   43  malt beverages for on-premises consumption. Each piece of
   44  glassware given to a vendor by a distributor must bear a
   45  permanent brand name intended to prominently advertise the
   46  brand. A distributor may not give a vendor more than 10 cases of
   47  glassware per calendar year per licensed premises. A vendor that
   48  receives a gift of glassware from a distributor may not sell the
   49  glassware or return it to a distributor for cash, credit, or
   50  replacement. As used in this paragraph, the term:
   51         1. “Case” means a box containing up to 24 pieces of
   52  glassware.
   53         2. “Glassware” means a single-service glass container that
   54  can hold no more than 23 ounces of liquid volume.
   55         (b) Without limitation in total dollar value of such items
   56  provided to a vendor, a manufacturer, distributor, importer,
   57  brand owner, or brand registrant of malt beverage, or any sales
   58  agent or sales person thereof, may rent, loan without charge for
   59  an indefinite duration, or sell durable retailer advertising
   60  specialties such as clocks, pool table lights, and the like,
   61  which bear advertising matter.
   62         (c) If a manufacturer, distributor, importer, brand owner,
   63  or brand registrant of malt beverage, or any sales agent or
   64  sales person thereof, provides a vendor with consumer
   65  advertising specialties such as ashtrays, T-shirts, bottle
   66  openers, shopping bags, and the like, such items may be sold
   67  only at a price not less than the actual cost to the industry
   68  member who initially purchased them, and may be sold without
   69  limitation in total value of such items sold to a vendor.
   70         (d) A manufacturer, distributor, importer, brand owner, or
   71  brand registrant of malt beverage, or any sales agent or sales
   72  person thereof, may provide consumer advertising specialties
   73  described in paragraph (c) to consumers on any vendor’s licensed
   74  premises.
   75         (e) A manufacturer, distributor, importer, brand owner, or
   76  brand registrant of malt beverages, and any sales agent or sales
   77  person thereof or contracted third-party, may not engage in
   78  cooperative advertising with a vendor and may not name a vendor
   79  in any advertising for a malt beverage tasting authorized under
   80  s. 563.09.
   81         (f) A distributor of malt beverages may sell to a vendor
   82  draft equipment and tapping accessories at a price not less than
   83  the cost to the industry member who initially purchased them,
   84  except there is no required charge, and the distributor may
   85  exchange any parts that are not compatible with a competitor’s
   86  system and are necessary to dispense the distributor’s brands. A
   87  distributor of malt beverages may furnish to a vendor at no
   88  charge replacement parts of nominal intrinsic value, including,
   89  but not limited to, washers, gaskets, tail pieces, hoses, hose
   90  connections, clamps, plungers, and tap markers.
   91         Section 2. This act shall take effect October 1, 2018.