Florida Senate - 2021                                    SB 1062
       
       
        
       By Senator Brodeur
       
       
       
       
       
       9-00651A-21                                           20211062__
    1                        A bill to be entitled                      
    2         An act relating to cooperative advertising agreements;
    3         amending s. 561.42, F.S.; authorizing a manufacturer
    4         or importer of malt beverages and a vendor to enter
    5         into a written agreement for brand naming rights and
    6         associated cooperative advertising if certain
    7         requirements are met; providing requirements for such
    8         agreement; prohibiting certain manufacturers or
    9         importers of malt beverages from soliciting or
   10         receiving certain payments; specifying that such
   11         agreements do not affect distributors; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (15) is added to section 561.42,
   17  Florida Statutes, to read:
   18         561.42 Tied house evil; financial aid and assistance to
   19  vendor by manufacturer, distributor, importer, primary American
   20  source of supply, brand owner or registrant, or any broker,
   21  sales agent, or sales person thereof, prohibited; procedure for
   22  enforcement; exception.—
   23         (15)(a) Notwithstanding any other provision of this
   24  section, a manufacturer or importer of malt beverages and a
   25  vendor may enter into a written agreement for brand naming
   26  rights and associated cooperative advertising in an arm’s length
   27  transaction for no more than fair market value if all of the
   28  following conditions are met:
   29         1. The vendor operates places of business at which
   30  consumption on the premises is permitted, the premises are
   31  located within a theme park complex that is owned, managed,
   32  controlled, and operated by the vendor; that comprises at least
   33  25 enclosed acres of land with permanent exhibitions and a
   34  variety of recreational activities; that has a controlled
   35  entrance to, and exit from, the enclosed area; and that has at
   36  least 1 million visitors annually who pay admission fees to the
   37  theme park complex.
   38         2. The agreement does not involve, in whole or in part, the
   39  sale or distribution of malt beverages between the vendor and
   40  the manufacturer or the importer and each distributor.
   41         3. The vendor, as a result of the agreement, does not
   42  provide preferential treatment to the alcoholic beverage brand
   43  or brands of the manufacturer or importer with whom the vendor
   44  has entered into the agreement.
   45         4. The agreement does not limit, directly or indirectly,
   46  the sale of alcoholic beverages of another manufacturer,
   47  importer, or distributor.
   48         5. Within 10 days after execution of the agreement, the
   49  vendor files with the division a description of the agreement
   50  which includes the location, dates, and the name of the
   51  manufacturer or importer that entered into the agreement.
   52         (b) A manufacturer or importer of malt beverages which is a
   53  party to a brand naming rights agreement may not, directly or
   54  indirectly, solicit or receive from any of its distributors any
   55  portion of the payment due from the manufacturer or importer of
   56  malt beverages to the vendor pursuant to such agreement. Such
   57  agreement exists solely between the manufacturer or importer and
   58  the vendor and does not, directly or indirectly, in any way
   59  obligate or place responsibility, financial or otherwise, upon a
   60  distributor.
   61         Section 2. This act shall take effect July 1, 2021.