In 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...
Continue ReadingThe 2021 Session of the Florida Legislature will include consideration of a number of bills affecting breweries, wineries, distilleries, retailers and consumers. The 2021 regular session of the Florida Legislature kicks off Tuesday, March 2, 2021. This 2-month session will see the consideration of a number of bills (though not as many as in prior years) that could affect...
Continue ReadingWho can delivery beer, wine, and distilled spirits directly to the homes of Florida customers? See the following summary chart and the explanations below. Florida Breweries Cannot Deliver Alcohol to Customers’ Homes While certain breweries are allowed by Florida law to sell alcoholic beverages to customers, breweries are specifically prohibited from delivering alcohol away from their licensed taproom or...
Continue ReadingIn most cases, a craft brewery in Florida consists of a single structure divided into two parts. One part is the brewery, which has the required federal and state licenses to make beer. The other part is the taproom, which has a state license to sell beer for consumption on premises (and might also be licensed as a restaurant)....
Continue ReadingThe end of the federal Craft Beverage Modernization and Tax Reform Act (CBMTRA) on December 31, 2020 would mean big excise tax increases for small manufacturers. What is the CBMTRA and Where is It Going? The CBMTRA was passed along with the Tax Cuts and Jobs Act of 2017. The federal law made changes to the US Tax Code...
Continue ReadingOne of the greatest challenges to opening or expanding an alcoholic manufacturing plant–whether brewery, winery, or distillery–is complying with local zoning ordinances. While many Florida communities have enacted specific craft beverage ordinances, most have not. As a result, getting that all-important zoning approval for a new or amended alcohol manufacturing or retail license can pose a time and cost...
Continue ReadingDtC Sales of Alcohol are Promising but Hard to Manage Popularity of the Direct-to-Consumer (DtC) sales model is at an all-time high, in the alcoholic beverage industry and many others. The DtC model allows manufacturers and brand owners to sell (and often deliver) directly to consumers, bypassing traditional distribution and retail sales channels. Particularly in light of the COVID-19...
Continue ReadingMany Florida alcohol vendors can make home deliveries, but not breweries and distilleries.
Continue ReadingMost of the activities provided by Florida’s alcoholic beverage industry are “essential services” under the governor’s “Safe at Home” order.
Continue ReadingForce Majeure: It’s Out of Control “Force majeure” is one of those legal terms that might be hard to explain (and spell), but you know it when you see it. The term literally means “superior force,” but it has come to mean any extraordinary event that is beyond the control of contracting parties. Force majeure events might include acts...
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