Bill Text: FL S0470 | 2014 | Regular Session | Comm Sub
Bill Title: Malt Beverage Tastings
Spectrum: Bipartisan Bill
Status: (Failed) 2014-05-02 - Died in Rules [S0470 Detail]
Download: Florida-2014-S0470-Comm_Sub.html
Florida Senate - 2014 CS for SB 470 By the Committee on Community Affairs; and Senator Detert 578-03197-14 2014470c1 1 A bill to be entitled 2 An act relating to malt beverage tastings; amending s. 3 561.42, F.S.; removing the prohibition on beer 4 samplings at the premises of vendors licensed for off 5 premises sales only; authorizing malt beverage 6 tastings on the licensed premises of certain vendors, 7 subject to certain requirements, limitations, 8 liabilities, and penalties; providing construction 9 with respect to special acts and ordinances; 10 authorizing rulemaking; revising the prohibition on 11 cooperative advertising with a vendor and prohibiting 12 certain persons from naming vendors in advertising for 13 malt beverage tastings; revising language to conform 14 terminology and editorial style; providing an 15 effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Subsection (14) of section 561.42, Florida 20 Statutes, is amended to read: 21 561.42 Tied house evil; financial aid and assistance to 22 vendor by manufacturer, distributor, importer, primary American 23 source of supply, brand owner or registrant, or any broker, 24 sales agent, or sales person thereof, prohibited; procedure for 25 enforcement; exception.— 26 (14) The division shall adopt reasonable rules governing 27 promotional displays and advertising, which rules mayshallnot 28 conflict with or be more stringent than the federal regulations 29 pertaining to such promotional displays and advertising 30 furnished to vendors by distributors, manufacturers, importers, 31 primary American sources of supply, or brand owners or 32 registrants, or any broker, sales agent, or sales person 33 thereof; however: 34 (a) If a manufacturer, distributor, importer, brand owner, 35 or brand registrant of malt beverage, or anybroker,sales 36 agent,or sales person thereof, provides a vendor with 37 expendable retailer advertising specialties such as trays, 38 coasters, mats, menu cards, napkins, cups, glasses, 39 thermometers, and the like, such items mayshallbe sold only at 40 a price not less than the actual cost to the industry member who 41 initially purchased them, without limitation in total dollar 42 value of such items sold to a vendor. 43 (b) Without limitation in total dollar value of such items 44 provided to a vendor, a manufacturer, distributor, importer, 45 brand owner, or brand registrant of malt beverage, or any 46broker,sales agent,or sales person thereof, may rent, loan 47 without charge for an indefinite duration, or sell durable 48 retailer advertising specialties such as clocks, pool table 49 lights, and the like, which bear advertising matter. 50 (c) If a manufacturer, distributor, importer, brand owner, 51 or brand registrant of malt beverage, or anybroker,sales 52 agent,or sales person thereof, provides a vendor with consumer 53 advertising specialties such as ashtrays, T-shirts, bottle 54 openers, shopping bags, and the like, such items mayshallbe 55 sold only at a price not less than the actual cost to the 56 industry member who initially purchased them, andbutmay be 57 sold without limitation in total value of such items sold to a 58 vendor. 59 (d) A manufacturer, distributor, importer, brand owner, or 60 brand registrant of malt beverage, or anybroker,sales agent,61 or sales person thereof, may provide consumer advertising 62 specialties described in paragraph (c) to consumers on any 63 vendor’s licensed premises. 64 (e)1. A manufacturer, distributor, or importer of malt 65 beverages, or any contracted third-party agent thereof, may 66Manufacturers, distributors, importers, brand owners, or brand67registrants of beer, and any broker, sales agent, or sales68person thereof, shall notconduct any sampling activities that 69 include the tasting of malt beverage products on: 70 a. The licensed premises of any vendor authorized to sell 71 alcoholic beverages by the drink for consumption on premises; or 72 b. The licensed premises of any vendor authorized to sell 73 alcoholic beverages only in sealed containers for consumption 74 off premises if: 75 (I) The licensed premises is at an establishment having at 76 least 10,000 square feet of interior floor space exclusive of 77 storage space not open to the general public; or 78 (II) The licensed premises is a package store licensed 79 under s. 565.02(1)(a)their product at a vendor’s premises80licensed for off-premises sales only. 81 2. A malt beverage tasting conducted under this paragraph 82 must be limited to and directed toward the general public of the 83 age of legal consumption. 84 3. For a malt beverage tasting conducted under this 85 paragraph on the licensed premises of a vendor authorized to 86 sell alcoholic beverages for consumption on premises, each 87 serving of a malt beverage to be tasted must be provided to the 88 consumer by the drink in a tasting cup, glass, or other open 89 container and may not be provided by the package in an unopened 90 can or bottle or in any other sealed container. 91 4. For a malt beverage tasting conducted under this 92 paragraph on the licensed premises of a vendor authorized to 93 sell alcoholic beverages only in sealed containers for 94 consumption off premises, the tasting must be conducted in the 95 interior of the building constituting the vendor’s licensed 96 premises and each serving of a malt beverage to be tasted must 97 be provided to the consumer in a tasting cup having a capacity 98 of 3.5 ounces or less. 99 5. A manufacturer, distributor, or importer, or any 100 contracted third-party agent thereof, may not pay a vendor, and 101 a vendor may not accept, a fee or compensation of any kind, 102 including the provision of any malt beverage at no or reduced 103 cost, to authorize the conduct of a malt beverage tasting under 104 this paragraph. 105 6.a. A manufacturer, distributor, or importer, or any 106 contracted third-party agent thereof, conducting a malt beverage 107 tasting under this paragraph must provide all of the beverages 108 to be tasted, the total volume of which per tasting may not 109 exceed 576 ounces; must have paid all excise taxes on those 110 beverages which are required of the manufacturer or distributor; 111 and must return to the manufacturer’s or distributor’s inventory 112 all of the malt beverages provided for the tasting that remain 113 unconsumed after the tasting. More than one tasting may be held 114 on the licensed premises each day, but only one manufacturer, 115 distributor, importer, or contracted third-party agent thereof, 116 may conduct a tasting on the premises at any one time. 117 b. Any samples of malt beverages provided to a vendor by a 118 manufacturer, distributor, or importer, or any contracted third 119 party agent thereof, in conjunction with or at the time of a 120 tasting conducted under this paragraph on the licensed premises 121 of that vendor are subject to the volume limit for that premises 122 set forth under sub-subparagraph a. 123 c. This subparagraph does not preclude a manufacturer, 124 distributor, or importer, or any contracted third-party agent 125 thereof, from buying the malt beverages it provides for the 126 tasting from a vendor at no more than the retail price, but all 127 of the malt beverages so purchased and provided for the tasting 128 which remain unconsumed after the tasting must be removed from 129 the premises of the tasting and properly disposed of. 130 7. A manufacturer, distributor, or importer of malt 131 beverages that contracts with a third-party agent to conduct a 132 malt beverage tasting under this paragraph on its behalf is 133 responsible for any violation of this section by that agent. 134 8. This paragraph does not preclude a vendor from 135 conducting a malt beverage tasting on its licensed premises 136 using malt beverages from its own inventory. 137 9. This paragraph is supplemental to and does not supersede 138 any special act or ordinance. 139 10. The division may, pursuant to ss. 561.08 and 561.11, 140 adopt rules to implement, administer, and enforce this 141 paragraph. 142 (f) A manufacturerManufacturers, distributordistributors, 143 importerimporters, brand ownerowners, or brand registrant 144registrantsof malt beveragesbeer, and anybroker,sales agent,145 or sales person thereof or contracted third-party agent under 146 paragraph (e), mayshallnot engage in cooperative advertising 147 with a vendor and may not name a vendor in any advertising for a 148 malt beverage tasting authorized under paragraph (e)vendors. 149 (g) A distributorDistributorsof malt beveragesbeermay 150 sell to a vendorvendorsdraft equipment and tapping accessories 151 at a price not less than the cost to the industry member who 152 initially purchased them, except there is no required charge, 153 and theadistributor may exchange any parts thatwhichare not 154 compatible with a competitor’s system and are necessary to 155 dispense the distributor’s brands. A distributor of malt 156 beveragesbeermay furnish to a vendor at no charge replacement 157 parts of nominal intrinsic value, including, but not limited to, 158 washers, gaskets, tail pieces, hoses, hose connections, clamps, 159 plungers, and tap markers. 160 Section 2. This act shall take effect July 1, 2014.