Note: This section summarizes the temporary changes implemented due to the coronavirus pandemic that are of interest to interstate suppliers. Bars, pubs, and nightclubs that derive more than fifty percent (50%) of their gross revenue from the sale of alcoholic beverages have been closed to public access until further notice. All restaurants must close access to on-site dining, but may continue serving the public through take-out, delivery, or consumption off-premises, subject to the following conditions: All sales of an alcoholic beverage must be in a manufacturer-sealed container; Any sale of an alcoholic beverage is accompanied by the sale of food within the same order; Deliveries must be made in vehicles owned or leased by the licensee, or in a vehicle[…]
No statutory or regulatory provisions noted that would prohibit advertising in the print media, etc. However, please note that it appears that suppliers and/or wholesalers may not place an advertisement in any retailer’s magazine or other retailer publication under any circumstances, as this is an activity that is specifically not permitted by the “Approved Advertising & Promotional Gifts Chart” incorporated into FL Regulations, Chapter 61A-1, Section 61A-1.010, effective June 5, 1997. In addition, Legal Bulletin 2014-001, Declaratory Statement: Tied House Evil Interpretation, dated March 12, 2014 explicitly ruled that no supplier may advertise an event held on retail premises in social media. The Declaratory Statement cited FL Law, Title 34, Chapter 561, Section 561.42 in support of the ruling.
15.9.1 Distilled Spirits and Wine A licensed wholesaler or retailer of distilled spirits or wine may conduct wine or distilled spirits tastings on any licensed premises authorized to sell vinous or spirituous beverages by the package or for consumption on the premises, provided that the tasting is limited to and directed toward the general public of legal drinking age. Manufacturers may not conduct, attend, or participate in tastings such as winemaker dinners on retail premises. [FL Law, Title 34, Chapter 564, Section 564.08 (wine), and Chapter 565, Section 565.17 (distilled spirits); Legal Bulletin 2014-001, Declaratory Statement: Tied House Evil Interpretation, dated March 12, 2014.] 15.9.2 Malt Beverages A manufacturer, distributor, or importer of malt beverages or their third party agent[…]
14.1 Direct Sales and Shipments to Consumers 14.1.1 Wine The following is a reprint of information that was posted on the Department of Business & Professional Regulation website, as of September 1, 2019: “In 2005, a federal court held that it is unconstitutional for Florida to prohibit the direct shipment of wine by out-of-state wineries while at the same time authorizing the direct shipment of wine by in-state producers.” In addition, the Department of Business & Professional Regulation acknowledged in a Declaratory Statement that the federal court decision also covers out-of-state retailers. On August 15, 2018, the Department of Business & Professional Regulation issued a Final Order on a Petition for Declaratory Statement (DS 2018-038), in which the Department confirmed[…]
Product returns may be returned or exchanged by retailers under the following guidelines: 17.4.1 Damaged products A retail licensee that makes a request for return of damaged products within fifteen (15) day after delivery may receive an exchange of product, cash or a credit against monies owed. Products are deemed damaged if they exhibit deterioration, leaking containers, damaged label, or missing or mutilated tamper-proof closures. No return shall be permitted after fifteen (15) days except as set forth in paragraphs (1) and (2) below. The manufacturer has issued a product recall that affects multiple unaffiliated retail licensees. The product has deteriorated due to manufacturing or packaging problems. Note that there are certain recordkeeping requirements that must be fulfilled by the[…]
See Section 15, Subsection 15.9.4, Promotional Activities on Licensed Premises: Events Sanctioned by Professional Organizations.
15.16.1 Entertainment of Retailers The statutes and regulations are silent regarding this issue. Therefore, IRS guidelines and your company policy should apply. 15.16.2 Contests/Incentives for Retailers and Their Employees Florida law prohibits retailers from accepting any direct or indirect gift from a licensed supplier or wholesaler that is not specifically authorized by Title 34, Chapter 561, Section 561.42, of Florida law and/or Chapter 61A-1, Section 61A-1.010, of Florida regulations. It is the Division of Alcoholic Beverages and Tobacco’s position that prizes to employees of retail licensees—such as gift certificates and cash to employees who sell the most of a particular product—are considered to be unauthorized gifts, if the contest is underwritten by a supplier or a wholesaler. [Florida Division of[…]