Williams Compliance DS 2013-111; On November 1, 2013 the Petitioner, Williams Compliance seeks a declaratory statement regarding the Division’s interpretation of Title XXXIV of 564.08 and 561.42 F.S with regards to the subject of a Winemakers Diner. ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

NOTICE IS HEREBY GIVEN that Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, State of Florida, has issued an order disposing of the petition for declaratory statement filed by Williams Compliance DS 2013-111 on February 21, 2014. The following is a summary of the agency’s disposition of the petition:

On November 1, 2013 the Petitioner, Williams Compliance seeks a declaratory statement regarding the Division’s interpretation of Title XXXIV of 564.08 and 561.42 F.S with regards to the subject of a Winemakers Diner. The Petitioner seeks this information in order to aid in compiling a nationwide survey regarding regulations for several of their west coast winery clients with national distribution. The Petitioner is substantially affected concerning the permissibility of out of state winery representative to attend winery events for the sole purpose of educating the attendees, the permissibility of out of state advertisement on social media sources such as Facebook and Twitter, and beverage licensing requirements. The Department published the notice of receipt of the Petition with the Florida Administrative Register on December 16, 2013, Vol. 39, No. 242. On February 21, 2014, the Department filed a Final Order based upon the facts set out in the submitted Petition for Declaratory Statement, Petitioner proposed business model for winery representatives to participate in an event held by a vendor, via attendance and online advertising is impermissible under Florida law. Therefore, the Petition is denied. This conclusion is based on the facts described in the Petitioner’s Petition for Declaratory Statement and legal research by the Division. Accordingly, this conclusion has no application in the event that the factual circumstances and/or relationships among the entities described are incorrect or change.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: [e-mail], Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-2202.