When 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.
Continue ReadingFederal law requires that the well-recognized Government Warning: GOVERNMENT WARNING: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems. be affixed to a “conspicuous and prominent place...
Continue ReadingIf life is a highway, where do you stop for a drink? With over 274,000 lane miles–seventh most in the United States (per Cubit’s Blog)–Florida offers a lot of ways for people to get to where they’re going, including breweries, wineries, and distilleries. To help people get there, the Florida Statutes authorize roadway directional signs for qualifying alcoholic beverage...
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