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.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
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.