61A-1.010. Tied House Evil Prohibition Against Vendor  


Effective on Wednesday, September 15, 2010
  • 1(1) Industry members are prohibited from furnishing, supplying, giving, renting, or lending, to a vendor, any equipment, fixtures, furniture, furnishings, signs, supplies, credit, money, compensation, rebates, accumulated rebates, fees of any kind including slotting fees, services, property, or other thing of value of any description not included in the exceptions specified in Chapter 61A-1, F.A.C., or specifically authorized by Florida Statutes, to vendors or their employees or agents acting within their scope of employment. In addition, vendors and their employees or agents acting within the scope of employment are prohibited from accepting such forms of assistance. This prohibition against assisting any vendor includes engaging in cooperative advertising – participating in or paying for any advertising in cooperation with a vendor.

    121(2) As used in Rules 12661A-1.010 127through 12861A-1.0108, 129F.A.C., “industry member” means manufacturer; distributor; importer; primary American source of supply; brand owner or registrant; and any broker, sales agent, or sales person of any of the aforementioned licensees.

    159(3) For purposes of Rules 16461A-1.010 165through 16661A-1.0108, 167F.A.C., a licensee is categorized based on its license, type of beverages it is dealing in, conduct, and the form of assistance being provided. For example, a wine distributor who is selling a malt beverage product must comply with the malt beverage restrictions in Rules 21261A-1.010 213through 21461A-1.0108, 215F.A.C., and Section 218561.42, F.S.

    220Rulemaking Authority 222561.11, 223561.42 FS. 225Law Implemented 227561.08, 228561.42 FS. 230History–Formerly 12-19-74, Amended 3-1-76, Formerly 7A-1.10, 7A-1.010, Amended 6-5-97, 9-15-10.

     

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