Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for HB 667
       
       
       
       
       
       
                                Ì222828;Î222828                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/3R          .                                
             03/08/2018 12:53 PM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 16
    4  insert:
    5         Section 1. Subsection (14) of section 561.42, Florida
    6  Statutes, is amended to read:
    7         561.42 Tied house evil; financial aid and assistance to
    8  vendor by manufacturer, distributor, importer, primary American
    9  source of supply, brand owner or registrant, or any broker,
   10  sales agent, or sales person thereof, prohibited; procedure for
   11  enforcement; exception.—
   12         (14) The division shall adopt reasonable rules governing
   13  promotional displays and advertising. Such rules may, which
   14  rules shall not conflict with or be more stringent than the
   15  federal regulations pertaining to such promotional displays and
   16  advertising furnished to vendors by distributors, manufacturers,
   17  importers, primary American sources of supply, or brand owners
   18  or registrants, or any sales agent or sales person thereof;
   19  however:
   20         (a) If a manufacturer, distributor, importer, brand owner,
   21  or brand registrant of malt beverage, or any sales agent or
   22  sales person thereof, provides a vendor with branded expendable
   23  retailer advertising specialties such as trays, coasters, mats,
   24  menu cards, napkins, cups, glassware glasses, thermometers, and
   25  the like, such items may be sold only at a price not less than
   26  the actual cost to the industry member who initially purchased
   27  them, without limitation in total dollar value of such items
   28  sold to a vendor. However, a distributor that receives glassware
   29  at no charge on a no-charge invoice from a malt beverage
   30  manufacturer or importer may give such glassware to a vendor
   31  licensed to sell malt beverages for on-premises consumption.
   32  Each piece of glassware given to a vendor by a distributor must
   33  bear a permanent manufacturer or brand name intended to
   34  prominently advertise the manufacturer or brand. A distributor
   35  may not give a vendor more than 10 cases of glassware per
   36  calendar year per licensed premises. A vendor that receives a
   37  gift of glassware from a distributor may not sell the glassware
   38  or return it to a distributor for cash, credit, or replacement.
   39  A manufacturer or importer who sells or gives glassware to a
   40  distributor, a distributor who sells or gives glassware to a
   41  vendor, and such vendor, must maintain records of such sale or
   42  gift of glassware.
   43         1.These records must be maintained for 3 years by the
   44  industry member. The records may be in any format so long as
   45  they are available and legible to division personnel upon
   46  request during normal business hours. A copy of any record
   47  maintained or produced in compliance with this paragraph shall
   48  be provided to each industry member who receives such glassware.
   49  The copy shall be in a format accessible and readable by the
   50  recipient and may not be provided in an electronic format that
   51  would require proprietary software unavailable to the recipient.
   52  These records must show:
   53         a.The name and address of the recipient, the recipient’s
   54  employee or agent receiving the glassware;
   55         b.The recipient’s license number;
   56         c.The date furnished, or given;
   57         d.The description and quantity of glassware furnished, or
   58  given;
   59         e.The cost to the industry member determined by the
   60  original purchaser’s invoice price;
   61         f.The charges to the recipient for the glassware, if any;
   62  and
   63         g.The name, license number, and address of the industry
   64  member providing the glassware.
   65         2.As used in this paragraph, the term:
   66         a.“Case” means a box containing up to 24 pieces of
   67  glassware.
   68         b.“Glassware” means a single-service glass container that
   69  can hold no more than 23 ounces of liquid volume.
   70         (b) Without limitation in total dollar value of such items
   71  provided to a vendor, a manufacturer, distributor, importer,
   72  brand owner, or brand registrant of malt beverage, or any sales
   73  agent or sales person thereof, may rent, loan without charge for
   74  an indefinite duration, or sell durable retailer advertising
   75  specialties such as clocks, pool table lights, and the like,
   76  which bear advertising matter.
   77         (c) If a manufacturer, distributor, importer, brand owner,
   78  or brand registrant of malt beverage, or any sales agent or
   79  sales person thereof, provides a vendor with consumer
   80  advertising specialties such as ashtrays, T-shirts, bottle
   81  openers, shopping bags, and the like, such items may be sold
   82  only at a price not less than the actual cost to the industry
   83  member who initially purchased them, and may be sold without
   84  limitation in total value of such items sold to a vendor.
   85         (d) A manufacturer, distributor, importer, brand owner, or
   86  brand registrant of malt beverage, or any sales agent or sales
   87  person thereof, may provide consumer advertising specialties
   88  described in paragraph (c) to consumers on any vendor’s licensed
   89  premises.
   90         (e) A manufacturer, distributor, importer, brand owner, or
   91  brand registrant of malt beverages, and any sales agent or sales
   92  person thereof or contracted third-party, may not engage in
   93  cooperative advertising with a vendor and may not name a vendor
   94  in any advertising for a malt beverage tasting authorized under
   95  s. 563.09.
   96         (f) A distributor of malt beverages may sell to a vendor
   97  draft equipment and tapping accessories at a price not less than
   98  the cost to the industry member who initially purchased them,
   99  except there is no required charge, and the distributor may
  100  exchange any parts that are not compatible with a competitor’s
  101  system and are necessary to dispense the distributor’s brands. A
  102  distributor of malt beverages may furnish to a vendor at no
  103  charge replacement parts of nominal intrinsic value, including,
  104  but not limited to, washers, gaskets, tail pieces, hoses, hose
  105  connections, clamps, plungers, and tap markers.
  106  
  107  ================= T I T L E  A M E N D M E N T ================
  108  And the title is amended as follows:
  109         Between lines 2 and 3
  110  insert:
  111         561.42, F.S.; authorizing a malt beverage distributor
  112         to give branded glassware to vendors licensed to sell
  113         malt beverages for on-premises consumption; requiring
  114         that the glassware bear certain branding; providing an
  115         annual limit on the amount of glassware a distributor
  116         may give to a vendor; prohibiting a vendor from
  117         selling the branded glassware or returning it to a
  118         distributor for cash, credit, or replacement;
  119         requiring manufacturers, importers, distributors, and
  120         vendors to maintain certain records; defining the
  121         terms “case” and “glassware”; amending s.