Florida Senate - 2018 SB 822 By Senator Hutson 7-00947-18 2018822__ 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 or 6 importer of malt beverages and a licensed vendor; 7 providing conditions for the exemption; prohibiting 8 the manufacturer or importer of malt beverages from 9 soliciting or receiving any portion of certain 10 payments from its distributors; providing an effective 11 date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Subsection (15) is added to section 561.42, 16 Florida Statutes, 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 (15)(a) Notwithstanding any other provision of this 23 section, a manufacturer or importer of malt beverages and a 24 vendor may enter into a written agreement for brand naming 25 rights, including the right to advertise cooperatively, 26 negotiated at arm’s length for no more than fair market value 27 if: 28 1. The vendor operates places of business where consumption 29 on the premises is permitted, the premises are located within a 30 theme park complex consisting of at least 25 contiguous acres 31 owned and controlled by the same business entity, and the 32 complex contains permanent exhibitions and a variety of 33 recreational activities and has a minimum of 1 million visitors 34 annually through a controlled entrance to and exit from the 35 theme park complex; 36 2. Such agreement does not involve, either in whole or in 37 part, the sale or distribution of malt beverages between the 38 manufacturer or importer, or its distributor, and a vendor; 39 3. The vendor does not give preferential treatment to the 40 alcoholic beverage brand or brands of the manufacturer or 41 importer with whom the vendor has entered into such agreement; 42 4. Such agreement does not limit, either directly or 43 indirectly, the sale of alcoholic beverages of another 44 manufacturer or importer, or distributor; and 45 5. Within 10 days after the execution of such agreement, 46 the vendor files with the division a description of the 47 agreement which includes the location, dates, and the name of 48 the manufacturer or importer that entered into the agreement. 49 (b) A manufacturer or importer of malt beverages which is a 50 party to a brand naming rights agreement may not, either 51 directly or indirectly, solicit or receive from any of its 52 distributors any portion of the payment due from the 53 manufacturer or importer of malt beverages to the vendor 54 pursuant to such agreement. 55 Section 2. This act shall take effect July 1, 2018.