Bill Text: FL S0864 | 2013 | Regular Session | Comm Sub

---

Bill Title: Tied House Regulation

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/HB 695 (Ch. 2013-145) [S0864 Detail]

Download: Florida-2013-S0864-Comm_Sub.html

---

       Florida Senate - 2013                              CS for SB 864
       
       
       
       By the Committee on Regulated Industries; and Senator Thrasher
       
       
       
       
       580-02405-13                                           2013864c1
    1                        A bill to be entitled                      
    2         An act relating to tied house regulation; amending s.
    3         561.42, F.S.; authorizing the Division of Alcoholic
    4         Beverages and Tobacco of the Department of Business
    5         and Professional Regulation to impose administrative
    6         sanctions for certain violations relating to coupons
    7         redeemable by vendors; providing an exception;
    8         prohibiting licensees under the Beverage Law from
    9         possessing or using certain coupons involving malt
   10         beverages; conforming provisions; providing an
   11         effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsections (8) and (12) of section 561.42,
   16  Florida Statutes, are amended to read:
   17         561.42 Tied house evil; financial aid and assistance to
   18  vendor by manufacturer, distributor, importer, primary American
   19  source of supply, brand owner or registrant, or any broker,
   20  sales agent, or sales person thereof, prohibited; procedure for
   21  enforcement; exception.—
   22         (8) The division may establish rules and require reports to
   23  enforce and impose administrative sanctions for any violation of
   24  the herein-established limitation upon credits, coupons, and
   25  other forms of assistance in this section. Nothing herein shall
   26  be taken to affect the provisions of s. 563.08, but shall govern
   27  all other sales of intoxicating liquors.
   28         (12) A Any manufacturer, distributor, importer, primary
   29  American source of supply, or brand owner or registrant, or a
   30  any broker, sales agent, or sales person thereof, may give,
   31  lend, furnish, or sell to a vendor who sells the products of
   32  such manufacturer, distributor, importer, primary American
   33  source of supply, or brand owner or registrant any of the
   34  following: neon or electric signs, window painting and
   35  decalcomanias, posters, placards, and other advertising material
   36  herein authorized to be used or displayed by the vendor in the
   37  interior of his or her licensed premises.
   38         (13) A licensee under the Beverage Law may not possess or
   39  use, in physical or electronic format, any type of malt beverage
   40  coupon, or malt beverage cross-merchandising coupon, in this
   41  state, if:
   42         (a) The coupon is produced, sponsored, or furnished,
   43  directly or indirectly, by an alcoholic beverage manufacturer,
   44  distributor, importer, brand owner, brand registrant, broker,
   45  sales agent, or sales person thereof; and
   46         (b) The coupon is or purports to be redeemable by a vendor
   47  or other person who sells malt beverages to consumers in this
   48  state.
   49         (14) The division shall adopt make reasonable rules
   50  governing promotional displays and advertising, which rules may
   51  shall not conflict with or be more stringent than the federal
   52  regulations pertaining to such promotional displays and
   53  advertising furnished to vendors by distributors, manufacturers,
   54  importers, primary American sources of supply, or brand owners
   55  or registrants, or a any broker, sales agent, or sales person
   56  thereof; provided, however, that:
   57         (a) If a manufacturer, distributor, importer, brand owner,
   58  or brand registrant of malt beverage, or a any broker, sales
   59  agent, or sales person thereof, provides a vendor with
   60  expendable retailer advertising specialties such as trays,
   61  coasters, mats, menu cards, napkins, cups, glasses,
   62  thermometers, and the like, such items shall be sold at a price
   63  not less than the actual cost to the industry member who
   64  initially purchased them, without limitation in total dollar
   65  value of such items sold to a vendor.
   66         (b) Without limitation in total dollar value of such items
   67  provided to a vendor, a manufacturer, distributor, importer,
   68  brand owner, or brand registrant of malt beverage, or a any
   69  broker, sales agent, or sales person thereof, may rent, loan
   70  without charge for an indefinite duration, or sell durable
   71  retailer advertising specialties such as clocks, pool table
   72  lights, and the like, which bear advertising matter.
   73         (c) If a manufacturer, distributor, importer, brand owner,
   74  or brand registrant of malt beverage, or a any broker, sales
   75  agent, or sales person thereof, provides a vendor with consumer
   76  advertising specialties such as ashtrays, T-shirts, bottle
   77  openers, shopping bags, and the like, such items shall be sold
   78  at a price not less than the actual cost to the industry member
   79  who initially purchased them, but may be sold without limitation
   80  in total value of such items sold to a vendor.
   81         (d) A manufacturer, distributor, importer, brand owner, or
   82  brand registrant of malt beverage, or a any broker, sales agent,
   83  or sales person thereof, may provide consumer advertising
   84  specialties described in paragraph (c) to consumers on any
   85  vendor’s licensed premises.
   86         (e) Coupons redeemable by vendors shall not be furnished by
   87  distributors of beer to consumers.
   88         (e)(f) Manufacturers, distributors, importers, brand
   89  owners, or brand registrants of beer, and a any broker, sales
   90  agent, or sales person thereof, may shall not conduct any
   91  sampling activities that include tasting of their product at a
   92  vendor’s premises licensed for off-premises sales only.
   93         (f)(g) Manufacturers, distributors, importers, brand
   94  owners, or brand registrants of beer, and a any broker, sales
   95  agent, or sales person thereof, may shall not engage in
   96  cooperative advertising with vendors.
   97         (g)(h) Distributors of beer may sell to vendors draft
   98  equipment and tapping accessories at a price not less than the
   99  cost to the industry member who initially purchased them, except
  100  there is no required charge, and a distributor may exchange any
  101  parts that which are not compatible with a competitor’s system
  102  and are necessary to dispense the distributor’s brands. A
  103  distributor of beer may furnish to a vendor at no charge
  104  replacement parts of nominal intrinsic value, including, but not
  105  limited to, washers, gaskets, tail pieces, hoses, hose
  106  connections, clamps, plungers, and tap markers.
  107         Section 2. This act shall take effect July 1, 2013.