Florida Senate - 2018                              CS for SB 822
       
       
        
       By the Committee on Regulated Industries; and Senator Hutson
       
       
       
       
       
       580-02003-18                                           2018822c1
    1                        A bill to be entitled                      
    2         An act relating to the Beverage Law; amending s.
    3         561.42, F.S.; providing an exemption from provisions
    4         relating to the tied house evil for specified
    5         financial transactions between a manufacturer or
    6         importer of malt beverages and a licensed vendor;
    7         providing conditions for the exemption; prohibiting
    8         the manufacturer or importer of malt beverages from
    9         soliciting or receiving any portion of certain
   10         payments from its distributors; specifying that a
   11         brand naming rights agreement does not obligate or
   12         place responsibility upon a distributor; providing an
   13         effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (15) is added to section 561.42,
   18  Florida Statutes, to read:
   19         561.42 Tied house evil; financial aid and assistance to
   20  vendor by manufacturer, distributor, importer, primary American
   21  source of supply, brand owner or registrant, or any broker,
   22  sales agent, or sales person thereof, prohibited; procedure for
   23  enforcement; exception.—
   24         (15)(a) Notwithstanding any other provision of this
   25  section, a manufacturer or importer of malt beverages and a
   26  vendor may enter into a written agreement for brand naming
   27  rights, including the right to advertise cooperatively,
   28  negotiated at arm’s length for no more than fair market value
   29  if:
   30         1. The vendor operates places of business where consumption
   31  on the premises is permitted, the premises are located within a
   32  theme park complex consisting of at least 25 contiguous acres
   33  owned and controlled by the same business entity, and the
   34  complex contains permanent exhibitions and a variety of
   35  recreational activities and has a minimum of 1 million visitors
   36  annually through a controlled entrance to and exit from the
   37  theme park complex;
   38         2. Such agreement does not involve, either in whole or in
   39  part, the sale or distribution of malt beverages between the
   40  manufacturer or importer, or its distributor, and a vendor;
   41         3. The vendor does not give preferential treatment to the
   42  alcoholic beverage brand or brands of the manufacturer or
   43  importer with whom the vendor has entered into such agreement;
   44         4. Such agreement does not limit, either directly or
   45  indirectly, the sale of alcoholic beverages of another
   46  manufacturer or importer, or distributor; and
   47         5. Within 10 days after the execution of such agreement,
   48  the vendor files with the division a description of the
   49  agreement which includes the location, dates, and the name of
   50  the manufacturer or importer that entered into the agreement.
   51         (b) A manufacturer or importer of malt beverages which is a
   52  party to a brand naming rights agreement may not, either
   53  directly or indirectly, solicit or receive from any of its
   54  distributors any portion of the payment due from the
   55  manufacturer or importer of malt beverages to the vendor
   56  pursuant to such agreement. Such agreement exists solely between
   57  the manufacturer and the vendor and does not, directly or
   58  indirectly, in any way obligate or place responsibility,
   59  financial or otherwise, upon a distributor.
   60         Section 2. This act shall take effect July 1, 2018.