DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Alcoholic Beverages and TobaccoRULE NO.: RULE TITLE:
61A-4.0501: Cooperative or Pool Buying - Definition; Creation; Record Keeping; RestrictionsNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38, No. 19, May 11, 2012 issue of the Florida Administrative Weekly.
61A-4.0501 Cooperative or Pool Buying – Definition; Creation; Procedures; Record Keeping; Restrictions.
(1)(a) “Cooperative or Ppool buying” shall mean the combining of orders into a single transaction, by two or more vendors, who are members of a cooperative or pool buying group approved by the Division of Alcoholic Beverages and Tobacco, for the purpose of maximizing purchasing power.
(b) “Members of a pool buying group” shall mean only those licensees reported by the pool buying agent and approved by the Division.,
(c) “Pool bBuying aAgent” shall mean the licensed vendor of alcoholic beverages in this state who is designated as such by the pool buying group in a pool buying agreement. A pool buying agent must be licensed as a vendor in this state and authorized by its license to purchase the types of alcoholic beverages which the agent orders on behalf of the group. The agreement must be submitted to and approved by the Division prior to placing any pool orders.
(2) There shall be no sales or transfers of alcoholic beverages between members of a cooperative or pool buying group, except for product purchased as part of a pool order and documented in accordance with paragraph (5)(b) of this rule. Warehousing of pool orders by the buying agent shall be done in accordance with subsection (6) of this rule.
(3) Pool Buying Agreements. A cooperative or pool buying group shall be created in the following manner:
(a) Prior to operating as such, a cooperative or pool buying group shall file with the Division a copy of the agreement under which such the group will operate. The Division shall review the agreement and, if the requirements of applicable law and rules are met, shall approve the agreement.
(b) Any proposed amendment to a cooperative or pool buying agreement shall be filed with and must be approved by the Division in the same manner as the original agreement, before the said proposed amendment shall be effective.
(c) Cooperative or Ppool buying agreements shall include the name and address of the cooperative or pool buying group, the name of the buying agent for the group, and for each member, the licensee’s name, business name, license number and the date each licensee joined the group.
(d) A member of the pool buying or cooperative group shall not be eligible to place an order with the said group until the such member has first executed the pool buying agreement and the licensee’s name, business name, license number and date of membership have been filed with and approved by the Division.
(4) Procedures.
(a) All changes, additions, and deletions to Pool Buying groups shall be made using form DBPR ABT-6010, APPLICATION FOR CHANGES TO POOL BUYING GROUPS, effective May 2012 (date), and incorporated herein by reference. This form is available upon request from the Division of Alcoholic Beverages & Tobacco at 1940 N. Monroe Street, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html or through the Department of Business & Professional Regulation’s web site.
(b) Upon the transfer, suspension or revocation of any alcoholic beverage license held by a member of a cooperative or pool buying group, the Division shall delete such licensee from membership in the cooperative or pool buying group.
(c) Individual members of a cooperative or pool buying group must place their orders with and remit their payment to the pool buying agent. Payments shall be made payable to the pool buying agent or the distributor. Distributors of alcoholic beverages may accept pool orders and payment therefor only from the designated buying agent of a cooperative or pool buying group.
(d) All pool buying orders shall be placed in the following manner:
1. All pool buying orders for alcoholic beverages shall be ordered from distributors by the pool buying agent.
2. The pool buying agent shall place the order under the name of the pool buying group and indicate each licensed vendor’s part of the pool order.
3. Each distributor and pool buying agent shall be responsible for keeping the individual invoices for each member’s portion of the pool buying order. The master invoice shall include all alcoholic beverages ordered, and shall be in compliance with subsection 61A-4.0501(5), F.A.C., and shall refer to each associated invoice supporting the master invoice.
4. Records of purchases made between vendors as permitted by Section 561.14(3), Florida Statutes, shall be maintained by all parties to the transaction and shall be in compliance with subsection 61A-4.0501(5), F.A.C.
(e) The pool buying group and all members thereof shall be considered delinquent accounts and reported to the division as required by Section 561.42, Florida Statutes, when any payment is not timely made for a pool buying order.
(5) Record Keeping.
(a) The distributor shall prepare and keep a master invoice which identifies the total pool order placed by the pool buying agent and separately identifies each pool order member’s portion of the total pool order by setting forth the name of the pool buying agent making the order and the information set forth in Rule 61A-4.043, F.A.C. Distributors and pool buying agents must keep invoices for pool purchases for a period of 3 years, records of each pool order containing. The invoices must include, for each pool order:
1. The date of each pool order and the name of the distributor with whom it each order was placed.
2. The names and license numbers of each pool member participating in the each pool order.
3. The brand, size and quantity of alcoholic beverages ordered by each pool member and each pool purchase.
4. The cost to each member for its share of the each pool order purchase and any vinous and spirituous beverage discount given on the any pool order purchase.
(b) Sale of alcoholic beverages ordered as a part of a single transaction pool order purchase from a vendor who received the products shall be considered a purchase between members of a pool buying group, provided a record of the transaction is made by the vendor transferring the products to another vendor and retained by both vendors for a period of 3 three years from the date of transfer. This record shall include:
1. Business name and license number of each vendor;
2. Names, sizes, and quantities of products transferred;
3. Date of original delivery of products from the pool order;
4. Date physical transfer of products was made;
5. Unique identifier that links the record with the pool order.
(c) Upon written request, a pool buying agent must make available for inspection all papers and reports related to pool orders, purchases, and payments within 10 days to any division employee.
(6) The pool buying agent may store or warehouse any portion of an individual pool member’s purchase. However, the pool buying agent may not warehouse any alcoholic beverages off its licensed premises without first applying for and receiving from the Division an off-premises storage permit.
Rulemaking Authority 561.11 FS. Law Implemented 561.01(10), 561.14(3), 561.42 FS. History–New 12-3-84, Amended 3-17-85, Formerly 7A-4.501, 7A-4.0501, Amended ________.
