When you finally receive the necessary licenses to operate your beverage business in Florida from the Alcohol and Tobacco Tax and Trade Bureau (TTB) and the Florida Division of Alcoholic Beverages and Tobacco (ABT), it’s incredibly exciting and relieving. However, it’s important to remember that your relationship with these organizations is ongoing, and there may be circumstances in which...
Continue ReadingIn bars, taprooms, and tasting rooms, determining who can participate in a tip pool raises two important questions. These questions revolve around whether managers should share in the tip pool and how employees with dual job roles should be treated when it comes to tips. This article will delve into these questions and propose potential solutions to ensure fair...
Continue ReadingWhen it comes to delivering beer from breweries to distributors and from distributors to retailers, it’s not just about the beer. There are also kegs, tap markers, and pallets that change hands in each transaction, and the Florida Beverage Law does not provide much guidance on their management. This is why it’s important for all parties – brewery, distributor,...
Continue ReadingRather than launching a new Florida alcoholic beverage manufacturer, it might be better to buy an existing operation. The Buyer gets a built-out premises, with all the equipment and buildout already in place, and a built-in customer base. The Seller gets to move onto other things. Business transfer transaction are always complicated, and even more so in a heavily...
Continue ReadingThe manufacturing of food products, including alcoholic beverages, is regulated by the U.S. Department of Health and Human Services’ Food and Drug Administration (FDA). The FDA is responsible for protecting and promoting public health through the regulation and supervision of food safety and other areas. Before manufacturing or selling alcoholic beverages (or any other food product), unless an exception...
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 ReadingIn the State of Florida, two different licenses are available to make beer and malt beverages for commercial sale. Which beer manufacturing license is right for you? Factor Production Brewery License (CMB License) Brewpub License (CMBP License) What does the license let you do? Make beer and malt beverages and deliver it to licensed distributors. Make beer and malt beverages...
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 ReadingIt’s natural to want to expand a successful brewery and taproom to new parts of the state. Before launching that second Florida location for your brewery or taproom, Florida brewery owners should pay attention to the following three considerations.
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