Florida Senate - 2018 CS for SB 822 By the Committee on Regulated Industries; and Senator Hutson 580-02003-18 2018822c1 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; specifying that a 11 brand naming rights agreement does not obligate or 12 place responsibility upon a distributor; providing an 13 effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Subsection (15) is added to section 561.42, 18 Florida Statutes, to read: 19 561.42 Tied house evil; financial aid and assistance to 20 vendor by manufacturer, distributor, importer, primary American 21 source of supply, brand owner or registrant, or any broker, 22 sales agent, or sales person thereof, prohibited; procedure for 23 enforcement; exception.— 24 (15)(a) Notwithstanding any other provision of this 25 section, a manufacturer or importer of malt beverages and a 26 vendor may enter into a written agreement for brand naming 27 rights, including the right to advertise cooperatively, 28 negotiated at arm’s length for no more than fair market value 29 if: 30 1. The vendor operates places of business where consumption 31 on the premises is permitted, the premises are located within a 32 theme park complex consisting of at least 25 contiguous acres 33 owned and controlled by the same business entity, and the 34 complex contains permanent exhibitions and a variety of 35 recreational activities and has a minimum of 1 million visitors 36 annually through a controlled entrance to and exit from the 37 theme park complex; 38 2. Such agreement does not involve, either in whole or in 39 part, the sale or distribution of malt beverages between the 40 manufacturer or importer, or its distributor, and a vendor; 41 3. The vendor does not give preferential treatment to the 42 alcoholic beverage brand or brands of the manufacturer or 43 importer with whom the vendor has entered into such agreement; 44 4. Such agreement does not limit, either directly or 45 indirectly, the sale of alcoholic beverages of another 46 manufacturer or importer, or distributor; and 47 5. Within 10 days after the execution of such agreement, 48 the vendor files with the division a description of the 49 agreement which includes the location, dates, and the name of 50 the manufacturer or importer that entered into the agreement. 51 (b) A manufacturer or importer of malt beverages which is a 52 party to a brand naming rights agreement may not, either 53 directly or indirectly, solicit or receive from any of its 54 distributors any portion of the payment due from the 55 manufacturer or importer of malt beverages to the vendor 56 pursuant to such agreement. Such agreement exists solely between 57 the manufacturer and the vendor and does not, directly or 58 indirectly, in any way obligate or place responsibility, 59 financial or otherwise, upon a distributor. 60 Section 2. This act shall take effect July 1, 2018.