HB 951

1	A bill to be entitled
2	An act relating to the Beverage Law; amending s. 561.01,
3	F.S.; providing definitions; amending s. 561.22, F.S.;
4	prohibiting certain importers and primary American sources
5	of supply from obtaining an alcoholic beverage vendor's
6	license; amending s. 561.42, F.S.; prohibiting an importer
7	or primary American source of supply from having specified
8	amounts of financial interest in licensed vendors;
9	providing notice requirements; providing prohibitions
10	relating to the display of signs by a vendor in relation
11	to importers and primary American sources of supply;
12	amending s. 561.56, F.S.; revising provision relating to
13	the transportation of beverages by manufacturers,
14	distributors, and exporters to clarify applicability to
15	those licensed and to include beverages transported by
16	licensed importers; amending s. 561.57, F.S.; revising
17	provisions relating to deliveries by licensees to include
18	those made by licensed importers; amending s. 562.07,
19	F.S.; revising an exception to a provision relating to the
20	illegal transportation of beverages in specified
21	quantities to include those made by certain importers;
22	amending s. 562.15, F.S.; revising an exception to a
23	provision relating to unlawful possession of alcoholic
24	beverages for which excise taxes are due to include
25	importers; amending s. 562.20, F.S.; excluding importers
26	from certain reporting requirements; amending s. 562.26,
27	F.S.; including importers among those to whom certain
28	storage warehouse operators may make deliveries; amending
29	s. 563.02, F.S.; requiring certain importers of malt
30	beverages to pay an annual state license tax; amending s.
31	563.08, F.S.; requiring certain importers to make a
32	specified cash deposit on beer sales; amending s. 564.02,
33	F.S.; requiring certain importers authorized to sell
34	brewed beverages containing malt, wines, and fortified
35	wines in certain counties to pay a state license tax;
36	providing an effective date.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1.  Subsections (22), (23), and (24) are added to
41	section 561.01, Florida Statutes, to read:
42	561.01  Definitions.--As used in the Beverage Law:
43	(22)  "Distributor" means all persons or entities
44	purchasing an alcoholic beverage from a manufacturer, exporter,
45	importer, or other distributor for resale to one or more
46	licensed retail vendors in the state.
47	(23)  "Importer" means all persons or entities other than
48	manufacturers selling, or causing to be sold, alcoholic
49	beverages produced outside the state to persons for resale or
50	use inside the state.
51	(24)  "Primary American source of supply" shall have the
52	same meaning as provided in ss. 564.045(1) and 565.095(1).
53	Section 2.  Section 561.22, Florida Statutes, is amended to
54	read:
55	561.22  Licensing manufacturers, importers, primary
56	American sources of supply, distributors, and registered
57	exporters as vendors prohibited.--
58	(1)  Except as provided in this section, any applicant may
59	receive a license as a manufacturer, importer, primary American
60	source of supply, or distributor or may be registered as an
61	exporter, but a license or registration may not be issued to a
62	manufacturer, importer, primary American source of supply,
63	distributor, or exporter as a vendor, and a license or
64	registration may not be issued to a vendor as a manufacturer,
65	importer, primary American source of supply, distributor, or
66	exporter.
67	(2)(a)  If any applicant for a vendor's license or renewal
68	thereof is an individual, such individual is within the
69	provisions of subsection (1) if he or she is interested or
70	connected, directly or indirectly, with any corporation which is
71	engaged, directly or indirectly, or through any subsidiary or
72	affiliate corporation, including any stock ownership exceeding
73	0.5 percent owned individually, including a 0.5 percent interest
74	in a blind or revocable trust, as set forth in subsection (3),
75	in manufacturing, importing, distributing, or exporting
76	alcoholic beverages under a license or registration of this
77	state or any state of the United States.
78	(b)  If any applicant for a vendor's license or renewal
79	thereof is a copartnership, such copartnership is within the
80	provisions of subsection (1) if any member of the copartnership
81	is interested or connected, directly or indirectly, with any
82	corporation which is engaged, directly or indirectly, or through
83	any subsidiary or affiliate corporation, including any stock
84	ownership as set forth in subsection (3), in manufacturing,
85	importing, distributing, or exporting alcoholic beverages under
86	a license or registration of this state or any state of the
87	United States.
88	(3)  If any applicant for a vendor's license or the renewal
89	thereof is a corporation, such corporation is within the
90	provisions of subsection (1) if such corporation is affiliated
91	with, directly or indirectly, any other corporation which is
92	engaged in manufacturing, importing, distributing, or exporting
93	alcoholic beverages under a license or registration of this
94	state or any other state of the United States, or if such
95	applicant corporation is controlled by or the majority stock
96	therein owned by another corporation, which latter corporation
97	owns or controls in any way the majority stock or controlling
98	interest in any other corporation that is engaged, directly or
99	indirectly, in manufacturing, importing, distributing, or
100	exporting alcoholic beverages under a license or registration in
101	this state or any other state in the United States.
102	(4)  If any applicant for a manufacturer's, importer's, or
103	distributor's license or an exporter's or primary American
104	source of supply's registration, or renewal thereof, is an
105	individual or copartnership, such individual or copartnership is
106	within the provisions of subsection (1) if the individual or any
107	member of the copartnership is interested or connected, directly
108	or indirectly, with any corporation which is engaged, directly
109	or indirectly, or through any subsidiary or affiliate
110	corporation, including any stock ownership as set forth in
111	subsection (5) in selling alcoholic beverages as a vendor under
112	a license of this state.
113	(5)  If any applicant for a manufacturer's, importer's, or
114	distributor's license or an exporter's or primary American
115	source of supply's registration, or the renewal thereof, is a
116	corporation, such corporation is within the provisions of
117	subsection (1) if such corporation is affiliated with, directly
118	or indirectly, any other corporation which is engaged in selling
119	alcoholic beverages as vendor under a license of this state or
120	when such applicant corporation is controlled by, or the
121	majority stock therein owned by another corporation, which
122	latter corporation owns or controls in any way the majority
123	stock or controlling interest in any other corporation that is
124	engaged, directly or indirectly, in selling alcoholic beverages
125	as vendor under a license of this state.
126	Section 3.  Subsections (1), (3), (4), (10), (11), and (12)
127	of section 561.42, Florida Statutes, are amended to read:
128	561.42  Tied house evil; financial aid and assistance to
129	vendor by manufacturer, importer, primary American source of
130	supply, or distributor prohibited; procedure for enforcement;
131	exception.--
132	(1)  No licensed manufacturer, importer, primary American
133	source of supply, or distributor of any of the beverages herein
134	referred to shall have any financial interest, directly or
135	indirectly, in the establishment or business of any vendor
136	licensed under the Beverage Law; nor shall such licensed
137	manufacturer, importer, primary American source of supply, or
138	distributor assist any vendor by any gifts or loans of money or
139	property of any description or by the giving of any rebates of
140	any kind whatsoever. No licensed vendor shall accept, directly
141	or indirectly, any gift or loan of money or property of any
142	description or any rebates from any such licensed manufacturer,
143	importer, primary American source of supply, or distributor;
144	provided, however, that this does not apply to any bottles,
145	barrels, or other containers necessary for the legitimate
146	transportation of such beverages or to advertising materials and
147	does not apply to the extension of credit, for liquors sold,
148	made strictly in compliance with the provisions of this section.
149	(3)  In cases when payment for sales to a vendor is not
150	made by the 10th day succeeding the calendar week in which such
151	sale was made, the distributor who made such sale shall, within
152	3 days, notify the division in writing of such fact; and the
153	division, upon receipt of such notice, shall, after compliance
154	with the proceedings hereinafter mentioned, declare in writing
155	to such vendor and to all licensed manufacturers, importers, and
156	distributors within the state that all further sales to such
157	vendor are prohibited until such time as the division certifies
158	in writing that such vendor has fully paid for all liquors
159	previously purchased. However, if a distributor received payment
160	within the 3-day period following the 10th day succeeding the
161	calendar week in which the sale was made, the distributor, if
162	notification to the division has not already been made, is not
163	required to notify the division. Payments so made within the 3-
164	day period do not constitute a violation of this section.
165	(4)  Before the division shall so declare and prohibit such
166	sales to such vendor, it shall, within 2 days after receipt of
167	such notice, give written notice to such vendor by mail of the
168	receipt by the division of such notification of delinquency and
169	such vendor shall be directed to forthwith make payment thereof
170	or, upon failure to do so, to show cause before the division why
171	further sales to such vendor shall not be prohibited. Good and
172	sufficient cause to prevent such action by the division may be
173	made by showing payment, failure of consideration, or any other
174	defense which would be considered sufficient in a common-law
175	action. The vendor shall have 5 days after receipt of such
176	notice within which to show such cause, and he or she may demand
177	a hearing thereon, provided he or she does so in writing within
178	said 5 days, such written demand to be delivered to the division
179	either in person or by due course of mail within such 5 days. If
180	no such demand for hearing is made, the division shall thereupon
181	declare in writing to such vendor and to all manufacturers,
182	importers, and distributors within the state that all further
183	sales to such vendor are prohibited until such time as the
184	division certifies in writing that such vendor has fully paid
185	for all liquors previously purchased. In the event such
186	prohibition of sales and declaration thereof to the vendor,
187	manufacturers, importers, and distributors is ordered by the
188	division, the vendor may seek review of such decision by the
189	Department of Business and Professional Regulation within 5
190	days. In the event application for such review is filed within
191	such time, such prohibition of sales shall not be made,
192	published, or declared until final disposition of such review by
193	the department.
194	(10)  No manufacturer, importer, primary American source of
195	supply, or distributor of the beverages referred to herein shall
196	directly or indirectly give, lend, rent, sell, or in any other
197	manner furnish to a vendor any outside sign, printed, painted,
198	electric, or otherwise; nor shall any vendor display any sign
199	advertising any brand of alcoholic beverages on the outside of
200	his or her licensed premises, on any lot of ground of which the
201	licensed premises are situate, or on any building of which the
202	licensed premises are a part.
203	(11)  A vendor may display in the interior of his or her
204	licensed premises, including the window or windows thereof,
205	neon, electric, or other signs, including window painting and
206	decalcomanias applied to the surface of the interior or exterior
207	of such windows, and posters, placards, and other advertising
208	material advertising the brand or brands of alcoholic beverages
209	sold by him or her, whether visible or not from the outside of
210	the licensed premises, but no vendor shall display in the window
211	or windows of his or her licensed premises more than one neon,
212	electric, or similar sign, advertising the product of any one
213	manufacturer or importer who functions as a primary American
214	source of supply for that brand.
215	(12)  Any manufacturer, importer, or distributor may give,
216	lend, furnish, or sell to a vendor who sells the products of
217	such manufacturer, importer, or distributor neon or electric
218	signs, window painting and decalcomanias, posters, placards, and
219	other advertising material herein authorized to be used or
220	displayed by the vendor in the interior of his or her licensed
221	premises. The division shall make reasonable rules governing
222	promotional displays and advertising, which rules shall not
223	conflict with or be more stringent than the federal regulations
224	pertaining to such promotional displays and advertising
225	furnished to vendors by distributors, importers, and
226	manufacturers; provided, however, that:
227	(a)  If a manufacturer, importer, or distributor of malt
228	beverage provides a vendor with expendable retailer advertising
229	specialties such as trays, coasters, mats, menu cards, napkins,
230	cups, glasses, thermometers, and the like, such items shall be
231	sold at a price not less than the actual cost to the industry
232	member who initially purchased them, without limitation in total
233	dollar value of such items sold to a vendor.
234	(b)  Without limitation in total dollar value of such items
235	provided to a vendor, a manufacturer, importer, or distributor
236	of malt beverage may rent, loan without charge for an indefinite
237	duration, or sell durable retailer advertising specialties such
238	as clocks, pool table lights, and the like, which bear
239	advertising matter.
240	(c)  If a manufacturer, importer, or distributor of malt
241	beverage provides a vendor with consumer advertising specialties
242	such as ashtrays, T-shirts, bottle openers, shopping bags, and
243	the like, such items shall be sold at a price not less than the
244	actual cost to the industry member who initially purchased them,
245	but may be sold without limitation in total value of such items
246	sold to a vendor.
247	(d)  A manufacturer, importer, or distributor of malt
248	beverage may provide consumer advertising specialties described
249	in paragraph (c) to consumers on any vendor's licensed premises.
250	(e)  Coupons redeemable by vendors shall not be furnished
251	by distributors of beer to consumers.
252	(f)  Manufacturers, importers, and or distributors of beer
253	shall not conduct any sampling activities that include tasting
254	of their product at a vendor's premises licensed for off-
255	premises sales only.
256	(g)  Manufacturers, importers, and distributors of beer
257	shall not engage in cooperative advertising with vendors.
258	(h)  Distributors of beer may sell to vendors draft
259	equipment and tapping accessories at a price not less than the
260	cost to the industry member who initially purchased them, except
261	there is no required charge, and a distributor may exchange any
262	parts which are not compatible with a competitor's system and
263	are necessary to dispense the distributor's brands. A
264	distributor of beer may furnish to a vendor at no charge
265	replacement parts of nominal intrinsic value, including, but not
266	limited to, washers, gaskets, tail pieces, hoses, hose
267	connections, clamps, plungers, and tap markers.
268	Section 4.  Section 561.56, Florida Statutes, is amended to
269	read:
270	561.56  Transportation of beverages by manufacturers,
271	importers, distributors, and exporters.--Licensed manufacturers,
272	importers, distributors, and exporters may transport or cause to
273	be transported such beverages from one place in this state to
274	another place in this state, or from any place beyond the limits
275	of this state into any place within this state, or from any
276	place in this state to any place beyond this state, for sale at
277	wholesale or export as herein provided, except that no beverage
278	prohibited to be sold in certain counties in this state shall be
279	transported for sale or be caused to be transported for sale in
280	the counties where their sale is prohibited.
281	Section 5.  Subsections (2) and (5) of section 561.57,
282	Florida Statutes, are amended to read:
283	561.57  Deliveries by licensees.--
284	(2)  Deliveries made by a licensed manufacturer, importer,
285	distributor, or vendor away from his or her place of business
286	may be made only in vehicles which are owned or leased by the
287	licensee. By acceptance of an alcoholic beverage license and the
288	use of such vehicles, the licensee agrees that such vehicle
289	shall always be subject to be inspected and searched without a
290	search warrant, for the purpose of ascertaining that all
291	provisions of the alcoholic beverage laws are complied with, by
292	authorized employees of the division and also by sheriffs,
293	deputy sheriffs, and police officers during business hours or
294	other times the vehicle is being used to transport or deliver
295	alcoholic beverages.
296	(5)  Nothing contained in this section shall prohibit
297	deliveries by the licensee from his or her permitted storage
298	area or deliveries by a distributor from the licensed
299	manufacturer or importer to his or her licensed premises; nor
300	shall a pool buying agent be prohibited from transporting pool
301	purchases to the licensed premises of his or her members with
302	the licensee's owned or leased vehicles, and in such cases, no
303	vehicle permit shall be required in the transporting of such
304	alcoholic beverages. In addition, a licensed salesperson of wine
305	and spirits is authorized to deliver alcoholic beverages in his
306	or her vehicle on behalf of the distributor without having to
307	obtain a vehicle permit.
308	Section 6.  Subsection (4) of section 562.07, Florida
309	Statutes, is amended to read:
310	562.07  Illegal transportation of beverages.--It is
311	unlawful for alcoholic beverages to be transported in quantities
312	of more than 12 bottles except as follows:
313	(4)  By licensed manufacturers, importers, distributors, or
314	vendors delivering alcoholic beverages away from their place of
315	business in vehicles which are owned or leased by such
316	licensees; and
317	Section 7.  Section 562.15, Florida Statutes, is amended to
318	read:
319	562.15  Unlawful possession; unpaid taxes.--It is unlawful
320	for any person to own or possess within this state any alcoholic
321	beverage, unless full compliance has been had with the pertinent
322	provisions of the Beverage Law as to payment of excise taxes on
323	beverages of like alcohol content. However, this section shall
324	not apply:
325	(1)  To manufacturers, importers, or distributors licensed
326	under the Beverage Law, to state bonded warehouses, or to common
327	carriers; or
328	(2)  To persons possessing not in excess of 1 gallon of
329	such beverages if the beverage shall have been purchased by said
330	possessor outside of the state in accordance with the laws of
331	the place where purchased and shall have been brought into this
332	state by said possessor. The burden of proof that such beverages
333	were purchased outside the state and in accordance with the laws
334	of the place where purchased shall in all cases be upon the
335	possessor of such beverages.
336	Section 8.  Subsection (2) of section 562.20, Florida
337	Statutes, is amended to read:
338	562.20  Monthly reports by common and other carriers of
339	beverages required.--
340	(2)  Every other person, except manufacturers, importers,
341	and distributors licensed in this state who are required to make
342	reports under s. 561.55, who brings into the state from any
343	point without the state any alcoholic beverages, in amounts
344	exceeding 1 gallon in the aggregate, shall likewise file monthly
345	reports with the division on the forms to be prepared by the
346	division, which shall show in detail all such amounts of
347	alcoholic beverages transported by them to any point within the
348	state from any point without the state. Every licensee under
349	this law who ships any alcoholic beverage to points beyond the
350	state shall file monthly reports with the division on forms to
351	be prepared by the division, which shall show in detail all
352	shipments of alcoholic beverages transported by them from any
353	point within the state to any point without the state.
354	Section 9.  Section 562.26, Florida Statutes, is amended to
355	read:
356	562.26  Delivering beverage on which tax unpaid.--It is
357	unlawful for any storage warehouse operator to deliver any
358	beverages subject to tax under the Beverage Law and on which the
359	tax has not been paid to anyone within the state except a common
360	carrier or a manufacturer, importer, or distributor licensed
361	under the Beverage Law to manufacture, import, or distribute the
362	type of beverage so delivered.
363	Section 10.  Subsection (3) of section 563.02, Florida
364	Statutes, is amended to read:
365	563.02  License fees; vendors; manufacturers, importers,
366	and distributors.--
367	(3)  Each distributor or importer who shall distribute or
368	sell alcoholic beverages containing less than 17.259 percent
369	alcohol by volume shall pay an annual state license tax of
370	$1,250 for each establishment or branch he or she may operate.
371	Section 11.  Section 563.08, Florida Statutes, is amended
372	to read:
373	563.08  Cash deposit on beer sales.--All licensed
374	manufacturers and importers, when distributing under a
375	manufacturer's or importer's license, as well as wholesalers and
376	distributors of domestic malt or brewed beverages, as defined in
377	the Beverage Law, shall require a minimum cash deposit of 50
378	cents on the sale of each case of 24 bottles of any domestic
379	malt or brewed beverage herein referred to from their vendors,
380	except nonreturnable bottles, and all vendors thereof shall make
381	a minimum cash deposit of 50 cents on the purchase of each case
382	of 24 bottles of any domestic malt or brewed beverage herein
383	referred to, except nonreturnable bottles, and vendors shall
384	require a minimum cash deposit of 50 cents on the sale of each
385	case of 24 bottles of any domestic malt or brewed beverages
386	herein referred to from their purchasers, except nonreturnable
387	bottles. Said manufacturers, importers, wholesalers, and
388	distributors shall keep a record of all such deposits and shall
389	make refund to their vendors within 10 days after receipt of
390	notice from such vendors in writing that empties are ready for
391	return, if such be true, to such manufacturers, importers,
392	wholesalers, and distributors.
393	Section 12.  Paragraph (a) of subsection (3) of section
394	564.02, Florida Statutes, is amended to read:
395	564.02  License fees; vendors; manufacturers, and
396	distributors, and importers.--
397	(3)(a)  Each distributor or importer authorized to sell
398	brewed beverages containing malt, wines, and fortified wines in
399	counties where the sale of intoxicating liquors, wines, and
400	beers is permitted shall pay for each and every such
401	establishment or branch he or she may operate or conduct a state
402	license tax of $1,250.
403	Section 13.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.