There 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 ReadingThis article is Part 1 of our two-part series on the termination of beer franchise rights in Florida. For Part 2, see Florida Distribution Agreements: Buyouts and Buybacks. Florida’s Beer Franchise Statute (Fla. Stat. s. 563.022) puts severe controls on the contractual relationship between beer suppliers and beer distributors. Implicit to these controls is recognition of the beer franchise–a...
Continue ReadingThe terms and conditions for popular food and alcohol delivery service apps may be incompatible with the Florida Beverage Law’s prohibition on alcohol home delivery by breweries and craft distilleries. Florida Breweries and Craft Distilleries are Prohibited from Making Deliveries to Customers The Florida Beverage Law (specifically Florida Statutes Section 561.57(1)) generally allows licensed alcohol vendors to accept remote...
Continue ReadingFlorida’s “Tied House Evil” Law—Florida Statutes Section 561.42—generally prohibits alcoholic beverage distributors from having any financial interest, directly or indirectly, in the business of an alcoholic beverage vendor. It also prohibits distributors from assisting any vendor by gifts or loans of money or property “or by giving of any rebates of any kind whatsoever.” However, an exception is made...
Continue ReadingIn Florida, it’s common for beer suppliers and distributors alike to speak in terms of the appointment of a supplier’s exclusive distributor. This is not technically accurate in the context of the Florida Beverage Laws. A beer supplier is not required to appoint an exclusive distributor for itself in Florida. Rather, a supplier is required by Florida law to...
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