ABT | Read Time: 4 minutes

What Jack Daniel Grill Tells Us About Trademark Licensing in Florida’s Alcoholic Beverage Industry

The Florida ABT’s 1998 Declaratory Statement tells that licensed alcoholic beverage retailers can pay manufacturers for the use of their trademark under certain terms. Friday’s Wanted to Create the Jack Daniel’s Grill In Declaratory Statement 98-01, the ABT was asked whether Friday’s Hospitality Worldwide Inc. (“Friday’s”, operators of the same restaurant chain at the time), a alcoholic beverage vendor,...

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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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Florida | Read Time: 3 minutes

Mobile Alcohol Sales Are (Mostly) Not Permitted in Florida

Imagine a business–call it Mobile Bar–that brings the bar to you. You hire Mobile Bar for a reception, party or other event held at your home, office, or other private property. Mobile Bar has a cool, old trailer, truck, or standing bar that it brings to your location. Mobile Bar handles buying all the beer, wine and liquor and...

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Beverage Legislation | Read Time: 3 minutes

Grains of Paradise, and What They Mean for Florida’s Alcohol Adulteration Statute

Florida’s 150 Year Old Alcohol Adulteration Statute The Florida Beverage Law is, in many instances, confusing, contradictory, and just plain weird. It is also unenforceable in some aspects. Take for instance Florida’s Adulterated Liquor Statute, Florida Statutes Section 562.455. First enacted in 1868, the relatively short Adulterated Liquor Statute makes it a felony of the third degree to include...

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ABT | Read Time: 4 minutes

Off-Site Alcohol Service by Florida Retailers

Alcoholic beverage retailers–including bars, restaurants, breweries, wineries, and distilleries–are often asked to provide off-site alcohol service–catering–for a range of events. In Florida, there are a limited number of ways in which an alcohol retailer can participate in providing alcohol service away from its licensed premises. Option 1: Sales to Private Party for Open Bar Alcohol retailers that have a...

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ABT | Read Time: < 1 minute

Searchable Penalty Guidelines Table

What happens when a Florida licensed beverage company violates the Florida Beverage Law? In 1994, the ABT issued penalty guidelines concerning single and repeated violations of the Florida Beverage Law. While these penalty guidelines have not been updated to reflect all changes to the law since 1994, it is a helpful guide to the ABT’s disciplinary actions. Unfortunately, the...

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Florida | Read Time: 4 minutes

What is a “Tied House” and Why is it Evil?

How a Florida law designed to prevent the “evil” of vertical integration in the alcoholic beverage industry limits the ability of suppliers to help you buy their products. Tied Houses, Evil and Otherwise The term “Tied House Evil” appears in the heading to Florida Statutes Section 561.42. Although the term is nowhere defined in the Florida Statutes, it is...

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Beverage Legislation | Read Time: 2 minutes

Florida Beverage Legislation: 2021 Post-Session Review of Beverage Bills

The 2021 Session of the Florida Legislature will result in major changes to the Florida Beverage Laws affecting how craft distilleries and restaurants sell alcoholic products. Both houses of the Florida Legislature passed two major bills related to alcoholic beverage sales: SB 46 and SB 148. As of this writing, neither bill has been sent to the Governor, but...

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