Bill Amendment: FL S0470 | 2014 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Malt Beverage Tastings
Status: 2014-05-02 - Died in Rules [S0470 Detail]
Download: Florida-2014-S0470-Senate_Committee_Amendment_404640.html
Bill Title: Malt Beverage Tastings
Status: 2014-05-02 - Died in Rules [S0470 Detail]
Download: Florida-2014-S0470-Senate_Committee_Amendment_404640.html
Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 470 Ì404640xÎ404640 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 mayshallnot 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 anybroker,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 mayshallbe 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 32broker,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 anybroker,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 mayshallbe 41 sold only at a price not less than the actual cost to the 42 industry member who initially purchased them, andbutmay 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 anybroker,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 52Manufacturers, distributors, importers, brand owners, or brand53registrants of beer, and any broker, sales agent, or sales54person thereof, shall notconduct 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 premises66licensed 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 manufacturerManufacturers, distributordistributors, 129 importerimporters, brand ownerowners, or brand registrant 130registrantsof malt beveragesbeer, and anybroker,sales agent,131 or sales person thereof or contracted third-party agent under 132 paragraph (e), mayshallnot 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 distributorDistributorsof malt beveragesbeermay 136 sell to a vendorvendorsdraft 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 theadistributor may exchange any parts thatwhichare not 140 compatible with a competitor’s system and are necessary to 141 dispense the distributor’s brands. A distributor of malt 142 beveragesbeermay 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.