Florida Senate - 2017                              CS for SB 388
       By the Committee on Regulated Industries; and Senator Hutson
       580-02477-17                                           2017388c1
    1                        A bill to be entitled                      
    2         An act relating to the Beverage Law; amending s.
    3         561.42, F.S.; providing an exemption from provisions
    4         relating to the tied house evil for specified
    5         financial transactions between a manufacturer of beer
    6         or malt beverages and a licensed vendor; providing
    7         conditions for the exception; providing an effective
    8         date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Subsection (15) is added to section 561.42,
   13  Florida Statutes, to read:
   14         561.42 Tied house evil; financial aid and assistance to
   15  vendor by manufacturer, distributor, importer, primary American
   16  source of supply, brand owner or registrant, or any broker,
   17  sales agent, or sales person thereof, prohibited; procedure for
   18  enforcement; exception.—
   19         (15) This section does not apply to a financial transaction
   20  negotiated at arm’s length for fair market value between a
   21  manufacturer of beer or malt beverages, as defined in s. 563.01,
   22  and a vendor licensed under the Beverage Law if:
   23         (a) Such financial transaction does not involve, either all
   24  or in part, the direct sale or distribution of beer or malt
   25  beverages between the manufacturer and licensed vendor;
   26         (b) Such financial transaction does not limit, either
   27  directly or indirectly, the sale of alcoholic beverages from
   28  another manufacturer during or in connection with any sponsored
   29  events;
   30         (c) The vendor operates places of business where
   31  consumption on the premises is permitted, which premises are
   32  located within a theme park complex comprised of at least 25
   33  contiguous acres owned and controlled by the same business
   34  entity and which contains permanent exhibitions and a variety of
   35  recreational activities and has a minimum of 1 million visitors
   36  annually; and
   37         (d) The financial transaction is registered with the
   38  division with a summary of the transaction that includes a
   39  description of any sponsored events, activities, or cooperative
   40  advertising.
   41         Section 2. This act shall take effect July 1, 2017.