| 1 | A bill to be entitled | 
| 2 | An act relating to consumer malt beverage tasting events; | 
| 3 | creating s. 563.09, F.S.; specifying certain operating | 
| 4 | requirements and limitations on consumer malt beverage | 
| 5 | tasting events; providing an effective date. | 
| 6 | 
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| 7 | Be It Enacted by the Legislature of the State of Florida: | 
| 8 | 
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| 9 | Section 1.  Section 563.09, Florida Statutes, is created to | 
| 10 | read: | 
| 11 | 563.09  Consumer malt beverage tasting events; operating | 
| 12 | requirements and limitations.-- | 
| 13 | (1)  All participants in any consumer malt beverage tasting | 
| 14 | event must be of legal drinking age. This section applies to all | 
| 15 | malt beverages containing alcohol of less than 6 percent by | 
| 16 | volume. | 
| 17 | (2)  The size of each tasting sample must not exceed 3 | 
| 18 | ounces for each malt beverage. No more than four different | 
| 19 | brands may be served at any one tasting event. | 
| 20 | (3)  All tasting events must be conducted during times when | 
| 21 | it is legal to sell alcohol on the licensed vendor?s premises. | 
| 22 | No tasting event shall exceed a period of 3 continuous hours. | 
| 23 | (4)  Any off-premises vendor who conducts tasting events or | 
| 24 | who allows manufacturers to conduct tasting events on its retail | 
| 25 | premises must identify a specific tasting area or areas. | 
| 26 | Customers must remain in designated tasting areas until they | 
| 27 | have finished consuming the sample. | 
| 28 | (5)  A manufacturer may not conduct or pay for more than | 
| 29 | one tasting event at any one vendor?s location per month, | 
| 30 | including any tasting that is conducted by a third-party agency | 
| 31 | on behalf of the manufacturer. A vendor, at its own cost, may | 
| 32 | conduct unlimited tasting events. | 
| 33 | (6)  A manufacturer or vendor may use its own employees to | 
| 34 | conduct tasting events or hire third-party agency personnel to | 
| 35 | serve on its behalf. The manufacturer may not compensate any | 
| 36 | employee or agent of the vendor or any distributor for | 
| 37 | participating in the tasting event. | 
| 38 | (7)  A manufacturer facilitating the tasting event must | 
| 39 | keep a record of each event the manufacturer conducts or pays a | 
| 40 | third party to conduct on its behalf. The record shall include | 
| 41 | the date and time of each event, the products served, and the | 
| 42 | names of any servers. | 
| 43 | (8)  All malt beverages shall be dispensed from their | 
| 44 | original containers, prepared by the manufacturer, with labels | 
| 45 | that are visible to the consumer. The manufacturer or any third- | 
| 46 | party agency representing the manufacturer has the right to | 
| 47 | conduct tasting events only for products that they own. | 
| 48 | Manufacturers and third-party agencies may not facilitate the | 
| 49 | tasting of products that they do not own for the purpose of | 
| 50 | comparison. | 
| 51 | (9)  Any product to be sampled must: | 
| 52 | (a)  Not exceed 864 ounces or 3 cases, whichever is less, | 
| 53 | of any one product sampled at any given tasting, regardless of | 
| 54 | which vendor is conducting the tasting. | 
| 55 | (b)  Be purchased by the manufacturer, or third-party | 
| 56 | agency representing the manufacturer, from the vendor where the | 
| 57 | tasting is to be conducted. The vendor must sell the | 
| 58 | manufacturer or third-party agency conducting the tasting all | 
| 59 | the products to be sampled for the same cost that the vendor | 
| 60 | paid for the products. | 
| 61 | (c)  Upon the end of each tasting, be removed from the | 
| 62 | vendor's premises by the manufacturer or third-party agency who | 
| 63 | purchased the product for the tasting. | 
| 64 | (10)  A manufacturer shall not reimburse a vendor for | 
| 65 | sample products used during a vendor-conducted tasting event. | 
| 66 | (11)  A vendor may advertise the tasting event inside the | 
| 67 | licensed premises or use any other method of communication that | 
| 68 | is currently legal to advertise alcoholic beverages on or off | 
| 69 | the premises, including, but not limited to, direct mailers, | 
| 70 | flyers, or television or radio spots that the vendor pays 100 | 
| 71 | percent of the cost to circulate or air. A manufacturer or | 
| 72 | distributor, or a third-party agency of the manufacturer or | 
| 73 | distributor, may not pay for the advertising or participate in | 
| 74 | the circulation or broadcast of information regarding a vendor?s | 
| 75 | tasting event. | 
| 76 | Section 2.  This act shall take effect upon becoming a law. |