Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 864
       
       
       
       
       
       
                                Barcode 482782                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2013           .                                
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       The Committee on Regulated Industries (Thrasher) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5  
    6         Section 1. Subsections (8) and (12) of section 561.42,
    7  Florida Statutes, are amended to read:
    8         561.42 Tied house evil; financial aid and assistance to
    9  vendor by manufacturer, distributor, importer, primary American
   10  source of supply, brand owner or registrant, or any broker,
   11  sales agent, or sales person thereof, prohibited; procedure for
   12  enforcement; exception.—
   13         (8) The division may establish rules and require reports to
   14  enforce and impose administrative sanctions for any violation of
   15  the herein-established limitation upon credits, coupons, and
   16  other forms of assistance in this section. Nothing herein shall
   17  be taken to affect the provisions of s. 563.08, but shall govern
   18  all other sales of intoxicating liquors.
   19         (12) A Any manufacturer, distributor, importer, primary
   20  American source of supply, or brand owner or registrant, or a
   21  any broker, sales agent, or sales person thereof, may give,
   22  lend, furnish, or sell to a vendor who sells the products of
   23  such manufacturer, distributor, importer, primary American
   24  source of supply, or brand owner or registrant any of the
   25  following: neon or electric signs, window painting and
   26  decalcomanias, posters, placards, and other advertising material
   27  herein authorized to be used or displayed by the vendor in the
   28  interior of his or her licensed premises.
   29         (13) A licensee under the Beverage Law may not possess or
   30  use, in physical or electronic format, any type of malt beverage
   31  coupon, or malt beverage cross-merchandising coupon, in this
   32  state, where:
   33         (a) The coupon is produced, sponsored, or furnished,
   34  directly or indirectly, by an alcoholic beverage manufacturer,
   35  distributor, importer, brand owner, brand registrant, broker,
   36  sales agent, or sales person thereof; and
   37         (b) The coupon is or purports to be redeemable by a vendor
   38  or other person who sells malt beverages to consumers in this
   39  state.
   40         (14) The division shall adopt make reasonable rules
   41  governing promotional displays and advertising, which rules may
   42  shall not conflict with or be more stringent than the federal
   43  regulations pertaining to such promotional displays and
   44  advertising furnished to vendors by distributors, manufacturers,
   45  importers, primary American sources of supply, or brand owners
   46  or registrants, or a any broker, sales agent, or sales person
   47  thereof; provided, however, that:
   48         (a) If a manufacturer, distributor, importer, brand owner,
   49  or brand registrant of malt beverage, or a any broker, sales
   50  agent, or sales person thereof, provides a vendor with
   51  expendable retailer advertising specialties such as trays,
   52  coasters, mats, menu cards, napkins, cups, glasses,
   53  thermometers, and the like, such items shall be sold at a price
   54  not less than the actual cost to the industry member who
   55  initially purchased them, without limitation in total dollar
   56  value of such items sold to a vendor.
   57         (b) Without limitation in total dollar value of such items
   58  provided to a vendor, a manufacturer, distributor, importer,
   59  brand owner, or brand registrant of malt beverage, or a any
   60  broker, sales agent, or sales person thereof, may rent, loan
   61  without charge for an indefinite duration, or sell durable
   62  retailer advertising specialties such as clocks, pool table
   63  lights, and the like, which bear advertising matter.
   64         (c) If a manufacturer, distributor, importer, brand owner,
   65  or brand registrant of malt beverage, or a any broker, sales
   66  agent, or sales person thereof, provides a vendor with consumer
   67  advertising specialties such as ashtrays, T-shirts, bottle
   68  openers, shopping bags, and the like, such items shall be sold
   69  at a price not less than the actual cost to the industry member
   70  who initially purchased them, but may be sold without limitation
   71  in total value of such items sold to a vendor.
   72         (d) A manufacturer, distributor, importer, brand owner, or
   73  brand registrant of malt beverage, or a any broker, sales agent,
   74  or sales person thereof, may provide consumer advertising
   75  specialties described in paragraph (c) to consumers on any
   76  vendor’s licensed premises.
   77         (e) Coupons redeemable by vendors shall not be furnished by
   78  distributors of beer to consumers.
   79         (e)(f) Manufacturers, distributors, importers, brand
   80  owners, or brand registrants of beer, and a any broker, sales
   81  agent, or sales person thereof, may shall not conduct any
   82  sampling activities that include tasting of their product at a
   83  vendor’s premises licensed for off-premises sales only.
   84         (f)(g) Manufacturers, distributors, importers, brand
   85  owners, or brand registrants of beer, and a any broker, sales
   86  agent, or sales person thereof, may shall not engage in
   87  cooperative advertising with vendors.
   88         (g)(h) Distributors of beer may sell to vendors draft
   89  equipment and tapping accessories at a price not less than the
   90  cost to the industry member who initially purchased them, except
   91  there is no required charge, and a distributor may exchange any
   92  parts that which are not compatible with a competitor’s system
   93  and are necessary to dispense the distributor’s brands. A
   94  distributor of beer may furnish to a vendor at no charge
   95  replacement parts of nominal intrinsic value, including, but not
   96  limited to, washers, gaskets, tail pieces, hoses, hose
   97  connections, clamps, plungers, and tap markers.
   98         Section 2. This act shall take effect July 1, 2013.
   99  
  100  ================= T I T L E  A M E N D M E N T ================
  101         And the title is amended as follows:
  102         Delete everything before the enacting clause
  103  and insert:
  104                        A bill to be entitled                      
  105         An act relating to tied house regulation; amending s.
  106         561.42, F.S.; authorizing the Division of Alcoholic
  107         Beverages and Tobacco of the Department of Business
  108         and Professional Regulation to impose administrative
  109         sanctions for certain violations relating to coupons
  110         redeemable by vendors; providing an exception;
  111         prohibiting licensees under the Beverage Law from
  112         possessing or using certain coupons involving malt
  113         beverages; conforming provisions; providing an
  114         effective date.