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...
Continue ReadingThere’s more to life than alcohol–there’s food and non-alcoholic beverages too. Florida breweries, wineries, and distilleries way want to expand their manufacturing to include non-alcoholic beverages. For example, they may want to product bottled or canned water. Non-alcoholic beer, wine and spirits are also becoming increasingly popular. In addition, distributors that mostly deal in alcoholic products may want to...
Continue ReadingThree Key Record Types Florida alcoholic beverage suppliers–manufacturers, broker-sales agents, importers, and exporters–are required to meet specific recordkeeping requirements under Florida law and regulations. These requirements are summarized below. Meeting these requirements is best done by creating and keeping to following three record types: Inventory Records should be kept and updated reflecting all products in inventory at a given...
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 ReadingThe 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,...
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 ReadingImagine 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...
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 ReadingFlorida’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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