Florida Senate - 2017                             CS for SB 1040
       By the Committee on Regulated Industries; and Senator Steube
       580-02661-17                                          20171040c1
    1                        A bill to be entitled                      
    2         An act relating to malt beverages; amending s. 561.42,
    3         F.S.; authorizing a distributor of malt beverages to
    4         give or sell specified glassware to vendors licensed
    5         to sell malt beverages for on-premises consumption;
    6         providing an annual limit on such glassware that may
    7         be given by a distributor to a vendor; prohibiting a
    8         vendor from selling single-service glassware or
    9         returning it to a distributor for cash or credit under
   10         certain circumstances; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Paragraph (a) of subsection (14) of section
   15  561.42, Florida Statutes, is amended, and subsection (15) is
   16  added to that section, 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         (14) The division shall adopt reasonable rules governing
   23  promotional displays and advertising, which rules shall not
   24  conflict with or be more stringent than the federal regulations
   25  pertaining to such promotional displays and advertising
   26  furnished to vendors by distributors, manufacturers, importers,
   27  primary American sources of supply, or brand owners or
   28  registrants, or any sales agent or sales person thereof;
   29  however:
   30         (a) If a manufacturer, distributor, importer, brand owner,
   31  or brand registrant of malt beverages beverage, or any sales
   32  agent or sales person thereof, provides a vendor with expendable
   33  retailer advertising specialties such as trays, coasters, mats,
   34  menu cards, napkins, cups, glassware glasses, thermometers, and
   35  the like, such items may be sold only at a price not less than
   36  the actual cost to the industry member who initially purchased
   37  them, without limitation in total dollar value of such items
   38  sold to a vendor.
   39         (15)Notwithstanding paragraph (14)(a), a distributor of
   40  malt beverages may give or sell malt beverage branded single
   41  service glassware to a vendor licensed to sell malt beverages
   42  for on-premises consumption. A distributor may not give more
   43  than 5 cases that include up to 24 pieces per case of single
   44  service glassware per brand, per licensed premises, per calendar
   45  year, and a vendor may not sell any such glassware that is given
   46  by a distributor or return such glassware to the distributor for
   47  cash or credit.
   48         Section 2. This act shall take effect July 1, 2017.