Polar Trading Co., Inc DS 2013-055; On July 18, 2013, the Division received a Petition for Declaratory Statement in which the Petitioner, Polar Trading Co., Inc. requested the Divisions interpretations regarding license and registration ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

NOTICE IS HEREBY GIVEN that the Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation, State of Florida, has issued an order disposing of the petition for declaratory statement filed by Polar Trading Co., Inc., DS 2013-055, on July 18, 2013. The following is a summary of the agency's disposition of the petition:

On July 18, 2013, the Division received a Petition for Declaratory Statement in which the Petitioner, Polar Trading Co., Inc. requested the Divisions interpretations regarding license and registration classifications and relations between beer distributors and manufacturers under Florida Statues 561.14 and 563.022. The Petitioner is substantially affected by the Florida Statues because they permit brokers and sale agents to sell alcoholic malt beverages but are unclear as to the permitted source from which Petitioner may, as a licensed broker or sales agent, procure alcoholic beverages for sale to Licensed Distributors. The Petitioner is also substantially affected by the issue of whether, as a holder of an Importer’s License, it is required to obtain a Broker’s or Sale Agent License to act as a broker to sale agent. The notice of receipt was published on the Florida Administrative Register website on July 22, 2013, Vol. 39, No. 141. On August 12, 2013, the Division received a Motion for Leave to Intervene on behalf of Florida Beer Wholesales Association, Inc., and Beer Industry of Florida Inc. On August 23, 2013, the Division received Petitioner’s Response in Opposition to Motion for Leave to Intervene. On September 20, 2013, the Division issued an Order Granting Petition to Intervene and Request for Stipulated Facts. On October 31, 2013, the Interveners submitted that they did not dispute facts as proposed in the Petition. On December 31, 2013, the Division denied the Petitioner proposed business model.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: [e-mail] or by writing to the Agency Clerk, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-1020.