Rule No: Section 61A-1.0101(3): Product Display Exceptions On May 16, 2013, the Division received a Petition for Rule Waiver request in which the Petitioner, Treasury Wine Estates American Company request a temporary Rule Waiver of subsection 61A-1....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

The Division of Alcoholic Beverages and Tobacco, Florida, Department of Business and Professional Regulation, State of Florida hereby gives notice: subsection 61A-1.0101(3), F.A.C., Product Display Exceptions.

On May 16, 2013, the Division received a Petition for Rule Waiver request in which the Petitioner, Treasury Wine Estates American Company, requested a temporary Rule Waiver of subsection 61A-1.0101(3), Florida Administrative Code. The Petitioner would like to lend Star Liquor a temporary “dummy” bottle, i.e. a replica of the original, to be displayed in Star Liquor’s until October 1, 2013, or the sale of the real Ampoule. The hand-blown, specially boxed dummy Ampoule was limited to a very small number, causing it to exceed the limit of $300 for point of sale. The notice of receipt was published on the Florida Administrative Register website on May 29, 2013, Vol. 39, No. 104.

On August 16, 2013, the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, filed an Order Granting in part, and denies in part Petitioner’s Petition for Variance for Wavier of subsection 61A-1.0101(3), F.A.C. On the contrary, Petitioner’s replica bottle would neither hold nor display the actual product to be sold, but would in fact replace it as the item of interest. Though the proposed arrangement is indeed unique, the replica bottle simply cannot qualify as a product displace item under subsection 61A-1.0101(1), F.A.C, thereby mooting any discussion of subsection 61A-1.0101(3), F.A.C.

A copy of the Order or additional information 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 32399-1020.