The United States Court of Appeals for the 11th Circuit recently ruled that the Florida Division of Alcoholic Beverages and Tobacco (ABT) waited too long–by 16 years–to try to change a district court ruling that allows out-of-state wine retailers to sell and deliver wine directly to Florida consumers. See Bainbridge vs Director of the Florida Division of Alcoholic Beverages...
Continue ReadingFlorida has its own unique rules and regulations when it comes to selling alcoholic beverages. One of the most intriguing aspects of Florida’s alcohol industry is the concept of quota licenses. In this post, we’ll explore the valuable property rights associated with these licenses and what happens when creditors get involved. Three Categories of Florida Alcoholic Beverage Vendor Licenses...
Continue ReadingThere are a number of different ways for businesses to participate in the alcoholic beverage industry. To get the right federal and state alcoholic beverage licenses and permits, you first have to identify what role or roles your business will play. Alcoholic Beverage Industry Participation Profiles provides a table of common activities in the alcoholic beverage industry and identifies...
Continue ReadingWhen it comes to alcoholic beverage regulation, most of the spotlight falls on federal and state laws. These regulations are essential in ensuring the safe and responsible production, distribution, and sale of alcoholic beverages. However, there’s a significant mistake that often goes unnoticed – the lack of attention given to local government ordinances and rules. In this post, we’ll...
Continue ReadingFood halls have burst onto the scene in Florida, becoming a popular choice for both food enthusiasts and business owners. These vibrant spaces offer a wide array of culinary options and a lively atmosphere, making them a must-visit for anyone seeking a diverse dining experience. But did you know that behind the scenes, food halls face unique challenges when...
Continue ReadingWhen it comes to smoking and vaping, businesses need to be aware of the rules and communicate them clearly to their customers. Understanding the relevant laws and definitions in Florida is crucial for businesses to determine if smoking and vaping can be allowed on their premises. In this blog post, we will delve into the statutes and explore which...
Continue ReadingIn Florida, the Division of Alcoholic Beverages and Tobacco (ABT) is concerned about violations of the Tied House Evil Law, which aims to prevent unfair practices in the alcoholic beverage industry. This law prohibits manufacturers, distributors, and suppliers from controlling local markets through payments to alcohol retailers and other unfair marketing techniques. The ABT has established guidelines for third-party...
Continue ReadingIf you’re thinking about starting a brewery, brewpub, winery, or distillery, it’s important to understand that these businesses require special licensing for both alcohol and food. While alcohol has its unique regulations, it is still considered a food product by the primary food regulatory agencies. In this blog post, we will explore the requirements for obtaining food licenses and...
Continue ReadingIn bars, taprooms, and tasting rooms, determining who can participate in a tip pool raises two important questions. These questions revolve around whether managers should share in the tip pool and how employees with dual job roles should be treated when it comes to tips. This article will delve into these questions and propose potential solutions to ensure fair...
Continue ReadingFlorida restaurants that want to sell beer, wine and liquor–whether at a restaurant bar or to seated customers–must have a 4COP-SFS (formerly known as 4COP-SRX) license issued by the Florida Division of Alcoholic Beverages & Tobacco (ABT) pursuant to Florida Statutes Section 561.20(2)(a)4. Most recently, this law was updated by Florida Law 2023-65, effective July 1, 2023. To get...
Continue Reading