ABT | Read Time: 4 minutes

What Brewdog Brewing Tells Us About the Florida ABT’s Role

Brewdog 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...

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Brands | Read Time: 6 minutes

Considerations for Collaborations in Florida

A love for collaborations–“collabs”–is among the (many?) things that hip hop artists and craft alcohol manufacturers share in common. In both cases, the final product often appears to be a spontaneous creation of free-flowing, shared artistry. The reality is–or at least should be–a carefully plotted and executed navigation of fundamental questions about ownership, commercialization, and distribution. Whether a record...

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ABT | Read Time: 2 minutes

Exclusive Sales Territories Required for Beer Distribution in Florida

The 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...

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Breweries | Read Time: 3 minutes

Florida Distribution Agreements: Buyouts and Buybacks

This 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...

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Breweries | Read Time: 4 minutes

Termination of Florida Beer Distribution Agreements

This 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...

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Breweries | Read Time: 3 minutes

Out-of-State Suppliers: Check Requirements of 3 Destination State Agencies

Before selling alcoholic beverages in another state–whether directly to consumers (where permitted) or through an in-state distributor–a supplier must know what preliminary compliance is required in that state. In most cases, an out-of-state supplier is required to obtain permission from one or more government agencies of the destination state. While each state’s requirements are different, an out-of-state supplier is...

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Distribution | Read Time: 3 minutes

Alcohol Distributors’ Discounts Under Florida Law

Florida’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...

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Brands | Read Time: 3 minutes

Tips for Effective Management for Beer Brand Distribution in Florida

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...

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ABT | Read Time: 3 minutes

Florida’s “No Sale” List and How to Get Off It

Late Payment to Distributors Can Land a Vendor on the “No Sale” List Florida alcoholic beverage vendors can end up on the Delinquent Account List–also called the “No Sale” List–if they fail to timely pay a distributor’s invoice. When a vendor purchases alcoholic beverages from a distributor, the vendor’s payment must be delivered no later than the 10th day...

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Distribution | Read Time: 5 minutes

Florida’s Beer Franchise Law: a Litigation Case Study

Florida’s Beer Franchise Law Florida Beverage Law requires beer manufacturers and importers to work with beer distributors. At the heart of the relationship between suppliers and distributors is Florida’s Beer Franchise Law, Florida Statutes Section 563.022. The Franchise Law is a long, complicated statute that requires each beer supplier to grant a Florida distributor the exclusive right (called a...

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