News:

Winn Dixie is seeking the DABT’s opinion as to the applicability of 561.42(1), 61A-1.010 and 61A-1.0107 as it applies to Winn Dixie. In particular, “whether section 561.42(1), Florida Statutes, and Rules 61A-1.010 and 61A-1.0107, Florida Administrative Code, prohibit a distributor of alcoholic beverages from reimbursing the actual costs [Winn Dixie] incurs to remove, ship, or dispose of the distributor’s recalled products, and whether petitioner is prohibited from receiving such reimbursement.” A copy of the Petition for Declaratory Statement may be obtained by contacting: Department of Business and Professional Regulation, Agency Clerk’s Office, 2601 Blair Stone Rd., Tallahassee, FL 32399, (850)717-1183, AGC.filing@myfloridalicense.com.  

Florida malt beverage suppliers and local bar owners are thrilled over the passage of House Bill 961, which creates an exception to Florida’s “tied house evil” prohibitions and amends Florida Statute 561.42 by allowing distributors to provide, and vendors, or retailers, to accept, branded glassware, free of charge. In general, Florida’s tied house statutes prohibit manufacturers, distributors, and importers from giving, and retailers from accepting, gifts, money, and other things of value in order to avoid the separate tiers from having a financial interest or “tie” to one another. The tied house statutes carve out certain exceptions, such as allowing suppliers to give neon or electric signs, window paintings, posters, placards, and other advertising material to vendors for use inside of their retail establishment. House Bill 961 adds to these exceptions by allowing malt beverage suppliers to provide their distributors with branded glassware that the distributors may, in turn, give to vendors licensed to sell malt beverages for on premise consumption, i.e., bars and restaurants. Each piece of glassware given to a bar or restaurant must bear supplier branding and distributors are limited to giving ten cases of glassware (twenty four pieces of glass per case, or two hundred and forty glasses) per retailer, per year. Vendors are prohibited from selling the glassware or returning it to a distributor for cash, credit, or a replacement. Suppliers, distributors, and retailers must maintain detailed records of the transactions for three years, even if no money is exchanged, such as keeping zero cost receipts. The…