To update the rule language to reflect the revision of section 561.42, F.S., as amended by chapter 2018-135, Laws of Florida.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

RULE NO.:RULE TITLE:

61A-1.01010Expendable Retailer Advertising Specialties Exception

PURPOSE AND EFFECT: To update the rule language to reflect the revision of section 561.42, F.S., as amended by chapter 2018-135, Laws of Florida.

SUMMARY: Chapter 2018-135, Laws of Florida, amended section 561.42, F.S. The proposed rulemaking will amend Rule 61A-1.01010, F.A.C., to reflect the statutory change regarding the circumstances under which a malt beverage distributor may provide branded glassware to vendors licensed for on-premises consumption.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted by the agency.

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.

RULEMAKING 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 SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rebecca Hays, Counsel for Compliance and Regulatory Programs, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61A-1.01010 Expendable Retailer Advertising Specialties Exception.

(1) When the specialties advertise wine or spirituous beverages, wine or spirituous beverages industry members may give or sell, and when the specialties advertise malt beverages, malt beverages industry members may sell, at a cost not less than the actual cost of the industry member who purchased them, branded expendable retailer advertising specialties of nominal value such as trays, coasters,; paper, plastic or styrofoam cups; foam scrapers; placemats; back bar mats,; menu cards,; meal checks; paper napkins, cups, glassware,; trays; thermometers; alcoholic beverage lists; and similar specialties. Alcoholic beverage lists, menus, and menu cards shall not contain any information other than advertising, alcoholic beverages, and prices. If a manufacturer or distributor provides a vendor with glassware, pitchers, carafes or similar containers made of other materials, such containers are not expendable retailer advertising specialties, and shall be sold at a cost not less than the actual cost of the industry member who purchased them.

(2) A distributor of malt beverages that has received branded glassware at no cost may give such glassware to vendors licensed for on-premises consumption, subject to the conditions of section 561.42(14)(a), Florida Statutes.

(3)(2) The specialties may advertise a brand or industry member. The vendor’s name, business name, website address, logo, and business address may be printed on these specialties, which shall be intended for use by the vendor or consumers on the vendor’s licensed premises.

Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-15-10, Amended_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sterling Whisenhunt, Director, Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Halsey Beshears, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 25, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 9, 2019