When 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 ReadingWhen it comes to delivering beer from breweries to distributors and from distributors to retailers, it’s not just about the beer. There are also kegs, tap markers, and pallets that change hands in each transaction, and the Florida Beverage Law does not provide much guidance on their management. This is why it’s important for all parties – brewery, distributor,...
Continue ReadingYou first opened your brewery taproom, winery tasting room, or craft distillery bar several weeks ago, and everything is going well. A good crowd is enjoying your products and the environment, enhanced by a perfectly curated playlist of just the right chill pop hits. That’s when you open a letter from a company called BMI, ASCAP or SESAC. This...
Continue ReadingLaws and regulations that govern the production and sale of alcoholic beverage products can seem very strict. This is true for the most part. However, there are circumstances when variances from the rules–either permanent or temporary–are authorized. The key to any variance from federal or state alcoholic beverage regulations is the same: a request for variance must be made...
Continue ReadingNothing. Despite the popularity of pop-up bars and restaurants, Florida does not have special laws and regulations that are specifically aimed at these short-term hospitality concepts. That’s a problem for pop-up organizers. The primary attributes of pop-ups are their limited durations (sometimes as short as one event) and their uncommon locations (abandoned businesses, building rooftops, airplane hangars, etc.). But...
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,...
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