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.
   13  Be It Enacted by the Legislature of the State of Florida:
   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.