The purpose and effect of the proposed rule is to clarify and reformat the rules addressing advertising and promotional gifts as they pertain to the sale of alcoholic beverages.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Alcoholic Beverages and Tobacco

RULE NO: RULE TITLE
61A-1.010: Approved Advertising and Promotional Gifts
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify and reformat the rules addressing advertising and promotional gifts as they pertain to the sale of alcoholic beverages.
SUMMARY: This rule is part of a large set being promulgated to implement statutory provisions relating to approved advertising and promotional gifts, including coupons, as they pertain to the sales of alcoholic beverages.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 561.11, 561.42 FS.
LAW IMPLEMENTED: 561.08, 561.42 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, February 13, 2008, 9:00 a.m. – 5:00 p.m. or until completion of business, whichever is earlier, at which time the record will close
PLACE: Professions Boardroom, Northwood Centre, 1940 N. Monroe Street, Tallahassee, FL 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: DeeAnna Owens, Administrative Assistant, 414-8125. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lisa Livezey Comingore, Assistant General Counsel, Department of Business and Professional Regulation, Office of the General Counsel, 1940 North Monroe Street, Suite 42, Tallahassee, Florida 32399, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

61A-1.010 Approved Advertising and Promotional Gifts; Recordkeeping Requirements.

(1) Manufacturers and distributors are prohibited from providing any forms of assistance not included in the exceptions specified in Chapter 61A-1, F.A.C., or specifically authorized by Florida Statutes, to vendors and their employees or agents.  In addition, vendors, their employees or agents are prohibited from accepting any such forms of assistance. The division hereby adopts the “Approved Advertising and Promotional Gifts Chart,” herein incorporated by reference and effective 6/5/97. This chart, produced by the division, provides for the description, special conditions, and restrictions on items which shall not be considered unlawful gifts, loans of money or property, or rebates for purposes of Section 561.42, F.S. This chart is available from the Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, FL 32399-1020.

(2) Any other gifts, loans of money or property, or rebates not included in the “Approved Advertising and Promotional Gifts Chart”, or specifically authorized by Florida Statutes, shall not be provided to a vendor.

(2)(3) Manufacturers and distributors shall keep and maintain records for a three-year period on their licensed premises, or other division-approved location, of any permitted form of assistance provided to vendors under the Beverage Law all product displays, equipment and supplies, samples, consumer coupon promotions, participation in retailer association activities, and the acquisition or production cost and selling cost of merchandise items given, sold, or loaned to vendors.

These records shall show:

(a) The name and address of the vendor, vendor’s employee or agent;

(b) The vendor’s license number;

(c) The date furnished;

(d) The A description and quantity of assistance furnished of the item;

(e) The cost of the manufacturer or distributor’s form of assistance (determined by the original purchaser’s invoice price).  This information is not required if no value restrictions exist; and

(f) The charges to the vendor retailer for the assistance, if any ; and applicable

(g) The amount of any coupon, electronic or otherwise.

(3)(4) Vendors shall keep and maintain records for a three-year period on their licensed premises, or other division-approved location, of any permitted form of assistance provided by manufacturers or distributors under the Beverage Law. Pursuant to Florida Statutes Section 561.42(8), vendors shall keep and maintain any record for a 3-year period on their licensed premises, or other division approved location, of any credits or other forms of assistance provided to the vendor under subsection (3) of this rule.

These records shall show:

(a) The name and address of the manufacturer or distributor providing the credit, cash, or other form of assistance.

(b) A description of the form of assistance received and quantity received, if applicable.

Specific Authority 561.11, 561.42 FS., Law Implemented 561.08, 561.42 FS, History–Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A1.10, Formerly, 7A-1.010, Amended 6-5-97, Formerly 61A-1.010, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Cynthia Hill, Director, Division of Alcoholic Beverages and Tobacco
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Ralf Michels, Chief Attorney, Division of Alcoholic Beverages and Tobacco
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 28, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 6, 2007