Florida’s Three Tier System is a source of constant frustration for most of Florida’s alcoholic beverage and manufacturers. Brewers, distilleries, and (most) wineries are prohibited from distributing their own products to retail vendors. Florida breweries and distilleries are prohibited from selling their products to online customers. Florida distilleries can have gift shops, but they are prohibited from selling beverages...
Continue ReadingThe Separation of Tiers In the aftermath of the Repeal of Prohibition, most states adopted some form of the Three Tier System. Generally, the Three Tier System is intended to regulate the alcoholic beverage industry by separating manufacturers and importers (First Tier), distributors and wholesalers (Second Tier), and retail vendors (Third Tier). Florida has a strong Three Tier System....
Continue ReadingThe Florida ABT’s 2012 Declaratory Statement In re BK Whopper Bar, LLC tells us how the ABT thinks about the present separation of alcoholic beverage manufacturers, distributors, and vendors. BK Whopper Bar Asked and the ABT Answered In 2011, BK Whopper Bar, LLC and Burger King Corporation asked the Florida Division of Alcoholic Beverages & Tobacco (ABT) to issue...
Continue ReadingThis article is Part 1 of a three-part series addressing a common, thorny issue in Florida alcoholic beverage licensing: Who can have a financial or controlling interest in a beverage company? Part 1 focuses on the Three Tier System and how it is enforced through the licensing process. Part 2 focuses on identifying the Interested Parties of a beverage...
Continue ReadingThe alcoholic beverage industry is highly regulated. Industry members are expected to know and comply with federal, state, and local laws that apply to the production, distribution, and retail sale of alcoholic beverages. In addition, regulatory agencies–principally the federal Alcohol and Tobacco Tax and Trade Bureau (TTB) and the State of Florida Division of Alcoholic Beverages and Tobacco (ABT)–have...
Continue ReadingFood halls have burst onto the scene in Florida, becoming a popular choice for both food enthusiasts and business owners. These vibrant spaces offer a wide array of culinary options and a lively atmosphere, making them a must-visit for anyone seeking a diverse dining experience. But did you know that behind the scenes, food halls face unique challenges when...
Continue ReadingThe alcoholic beverage industry is highly regulated. Industry members are expected to know and comply with federal, state, and local laws that apply to the production, distribution, and retail sale of alcoholic beverages. In addition, regulatory agencies–principally the federal Alcohol and Tobacco Tax and Trade Bureau (TTB) and the State of Florida Division of Alcoholic Beverages and Tobacco (ABT)–have...
Continue ReadingThe Florida ABT’s 1998 Declaratory Statement tells that licensed alcoholic beverage retailers can pay manufacturers for the use of their trademark under certain terms. Friday’s Wanted to Create the Jack Daniel’s Grill In Declaratory Statement 98-01, the ABT was asked whether Friday’s Hospitality Worldwide Inc. (“Friday’s”, operators of the same restaurant chain at the time), a alcoholic beverage vendor,...
Continue ReadingLike alcoholic beverage manufacturers, distributors, and vendors, importers and exporters are subject to strict regulations and licensing by the federal government and the State of Florida. What Florida Importers & Exporters Can and Cannot Do In the alcoholic sales channel, importers play the role of getting products from overseas through US Customs and into the hands of distributors. Licensed...
Continue ReadingMany Florida alcohol vendors can make home deliveries, but not breweries and distilleries.
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