Florida Senate - 2017 SB 388
By Senator Hutson
7-00499-17 2017388__
1 A bill to be entitled
2 An act relating to the Beverage Law; amending s.
3 561.42, F.S.; prohibiting the possession or use by
4 certain licensees of specified wine or fortified wine
5 coupons; providing an exemption from provisions
6 relating to the tied house evil for specified
7 financial transactions between a manufacturer of beer
8 or malt beverages and a licensed vendor; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (13) of section 561.42, Florida
14 Statutes, is amended, and subsection (15) is added to that
15 section, to read:
16 561.42 Tied house evil; financial aid and assistance to
17 vendor by manufacturer, distributor, importer, primary American
18 source of supply, brand owner or registrant, or any broker,
19 sales agent, or sales person thereof, prohibited; procedure for
20 enforcement; exception.—
21 (13) A licensee under the Beverage Law may not possess or
22 use, in physical or electronic format, any type of malt
23 beverage, wine, or fortified wine coupon or malt beverage, wine,
24 or fortified wine cross-merchandising coupon in this state,
25 where:
26 (a) The coupon is produced, sponsored, or furnished,
27 whether directly or indirectly, by an alcoholic beverage
28 manufacturer, distributor, importer, brand owner, or brand
29 registrant or any broker, sales agent, or sales person thereof;
30 and
31 (b) The coupon is or purports to be redeemable by a vendor
32 or other person who sells malt beverages, wine, or fortified
33 wine to consumers in the state.
34 (15) This section does not apply to a financial transaction
35 negotiated at arm’s length for fair market value between a
36 manufacturer of beer or malt beverages, as defined in s. 563.01,
37 and a vendor licensed under the Beverage Law if such financial
38 transaction does not involve, either all or in part, the direct
39 sale or distribution of beer or malt beverages between the
40 manufacturer and licensed vendor.
41 Section 2. This act shall take effect July 1, 2017.