Rule No: 61A-1.0101(3), F.A.C.; Rule Title: 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 ...

 

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: Rule No: 61A-1.0101(3), F.A.C.; Rule Title: 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 denying in part Petitioner’s Petition for Variance for Wavier of subsection 61A-1.0101(3), F.A.C. The notice of disposition was published on the Florida Administrative Register website on August 22, 2013, Vol. 39, No. 164. This order contained a scrivener’s error in that no part of the Rule Waiver request was granted.

On September 5, 2013, the Division filed an Amended Final Order denying Petitioner’s Petition for Variance from or Waiver of subsection 61A-1.0101(3). Pursuant to requirements set by 120.542(2), F.S., Petitioner fails to show that its proposed arrangement is subject to Rule 61A-1.0101, F.A.C., or that a variance would allow the underlying purpose of the statute to be served. As interpreted by the Division, the wine racks, bins, barrels, cask, shelving and similar product items referenced by subsection 61A-1.0101(1), F.A.C are non-permanent fixtures designed to physically hold or display the actual product to be sold, but would in face replace it as the of interest. Though the proposed arrangement is indeed unique, the replica bottle simply cannot qualify as a product display 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.