FLORIDA LEGISLATURE PASSED TWO BILLS AFFECTING THE BEVERAGE LAWS The 2024 session of the Florida Legislature featured 8 bills proposing to change Florida’s alcoholic beverage laws. The session ended March, 8, 2024. Two of pairs of bills passed both houses of the Florida Legislature and are now on their way for signature by the governor. The other bills did...
Continue ReadingWhen it comes to alcohol beverage tastings in Florida, the rules are different for beer, wine, and liquor. For this purpose, a “tasting” is an even at which a sample of the alcoholic product is given directly to an individual customer for free. Generally, customers cannot be charged for the sample (but exceptions for Florida Farm Wineries and craft...
Continue ReadingAlcoholic beverage suppliers in Florida–whether manufacturers, importers, or broker-sales agents–are limited in the ways that they can get their products into the market. Generally, suppliers must sell their products to licensed distributors, and distributors must sell their products to licensed retail vendors. So how do suppliers introduce new alcoholic beverage products to Florida retail vendors? One way is to...
Continue ReadingThe world of beer is a dynamic and ever-changing one. Breweries and beer importers are always looking for new ways to introduce their products to the Florida market. However, the beer industry has its challenges, especially when it comes to distribution. In this blog post, we’ll explore the Florida Beer Franchise Law, specifically focusing on the concept of test...
Continue ReadingThere are a number of different ways for businesses to participate in the alcoholic beverage industry. To get the right federal and state alcoholic beverage licenses and permits, you first have to identify what role or roles your business will play. Alcoholic Beverage Industry Participation Profiles provides a table of common activities in the alcoholic beverage industry and identifies...
Continue ReadingWhen it comes to alcoholic beverage regulation, most of the spotlight falls on federal and state laws. These regulations are essential in ensuring the safe and responsible production, distribution, and sale of alcoholic beverages. However, there’s a significant mistake that often goes unnoticed – the lack of attention given to local government ordinances and rules. In this post, we’ll...
Continue ReadingIn Florida, the Division of Alcoholic Beverages and Tobacco (ABT) is concerned about violations of the Tied House Evil Law, which aims to prevent unfair practices in the alcoholic beverage industry. This law prohibits manufacturers, distributors, and suppliers from controlling local markets through payments to alcohol retailers and other unfair marketing techniques. The ABT has established guidelines for third-party...
Continue ReadingBrewdog Brewing Asked About a Flaw in the Florida Beer Franchise Law In 2020, Brewdog Brewing Company LLC (“Brewdog”) asked the Florida Division of Alcoholic Beverages and Tobacco (ABT) what the word “successor” means as used in the Florida Beer Franchise Law, Florida Statutes Section 563.022(16). At stake was whether would be bound to the distribution agreements that had...
Continue ReadingThe Florida Beverage Law and related regulations contain no specific requirements concerning restrictive territories or any other contractual terms concerning wine and distilled spirit products. For beer and malt beverage products, however, the Florida Beverage Law, requires exclusive sales territories for beer and malt beverage products (collectively referred to here as “beer”). Since 1988, beer may be sold by...
Continue ReadingThis article is Part 2 of our two-part series on the termination of beer franchise rights in Florida. For Part 1, see Termination of Florida Beer Distribution Agreements. Florida’s Beer Franchise Statute (Fla. Stat. s. 563.022) recognizes that a Florida distributor acquires a valuable franchise right when it enters into a distribution agreement with a beer suppler (whether brewery...
Continue Reading