Premium Offers, Sweepstakes, Drawings, or Contests, Vendor's Property Included in Contests or Sweepstakes, Returns of Damaged Products, Returns of Undamaged Products, Brand Images, Combination Packages, Point of Sale Coupons

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Alcoholic Beverages and Tobacco

RULE NO: RULE TITLE
61A-1.01010: Premium Offers
61A-1.01011: Sweepstakes, Drawings, or Contests
61A-1.01012: Vendor's Property Included in Contests or Sweepstakes
61A-1.01021: Returns of Damaged Products
61A-1.01022: Returns of Undamaged Products
61A-1.0105: Brand Images
61A-1.0108: Combination Packages
61A-1.0109: Point of Sale Coupons

NOTICE 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. 34, No. 3, August 22, 2008 issue of the Florida Administrative Weekly.

61A-1.0105 Brand Images.

(1) A manufacturer or distributor may provide to any all vendors without conditions copy-ready images of alcoholic beverage brands, logos, or products in any format including newspaper cuts, mats, or engraved blocks, electronic or otherwise.

(2) “Copy-ready” images are those images ready to be reproduced for immediate use in advertising.

Specific Authority 561.11 FS. Law Implemented 561.08, 561.42 FS. History–New________.

 

61A-1.0108 Combination Packages.

Manufacturers and distributors may package and distributors may offer and sell to vendors, non-alcoholic beverages or products packaged with alcoholic beverages at the non-combination package price or higher.

Specific Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New ________.

 

61A-1.0109 Point of Sale Coupons.

(1) Coupons include both paper and electronic forms of discounts and rebates.    At a vendor’s request, paper coupons must be made available in place of electronic coupons. A purchase is required in order for the consumer to receive the discount or rebate.

(2) Coupon promotions may be offered to on-premises or off-premises licensed vendors only, or to both, and must be offered to all vendors in a defined market area. A defined market area is an area no smaller than a 5-digit ZIP code.

(3) All coupons shall have a specific monetary value and shall be offered to vendors in similar quantities at the same time based on the vendor’s inventory of the promotion products and the promotion products ordered.

(4) When an electronic-form coupon is offered to a consumer, there must be a conspicuous sign or notice of the discount and its amount on the vendor’s licensed premises for the duration of the coupon promotion.

(4)(5) Vendors shall seek and accept reimbursement only from a manufacturer or distributor, or their designated agent, for a consumer purchase of the product.

(5)(6) Reimbursement to vendors shall not exceed the face value of the coupon and the customary handling charge, which shall be the same charge for all vendors during the coupon period.

(6)(7) Malt beverage distributors shall not provide malt beverage coupons to vendors; however, they may deliver manufacturer’s coupons to vendors.

Specific Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New ________.

 

61A-1.01010 Premium Offers.

(1) “Premium Offer” means value-added merchandise, travel, or services held out to consumers in exchange for their purchase of an alcoholic beverage product, sometimes referred to as “product gift” or “gift with sales promotion.”

(2) Manufacturers and distributors may furnish premium offers on products to consumers with proof of purchase and may provide vendors with point-of-sale advertising and order forms.

(3) Premium offers shall be made available to all vendors who wish to participate. The premiums shall be offered in similar quantities at the same time; however, the Ppremiums shall not be given or loaned to the vendor for display.

Specific Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New ________.

 

61A-1.01011 Sweepstakes, Drawings, or Contests.

(1) Manufacturers and distributors may provide entry forms, rules, and point-of-sale advertising materials pieces to vendors. These advertising materials must be offered to all vendors who wish to participate in similar quantities at the same time.

(2) Sweepstakes, drawings, and contests shall not require proof of purchase to enter and shall be open for the general public to participate; however, no vendor, or vendor’s employee, or agent shall be eligible to participate or win. A means of entry may be provided with a purchased alcoholic beverage, so long as an alternative means of entry not requiring a purchase is made available.

(3) Vendors shall not collect completed entry forms and the selection of winners shall not occur at a vendor’s place of business. Live or electronic contests sponsored by manufacturers or distributors shall not be held at a vendor’s place of business.

(4) Section 849.094, F.S. requires registration of consumer games where prizes are awarded in excess of $5,000 with the Florida Department of Agriculture and Consumer Affairs.

Specific Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New ________.

 

61A-1.01012 Vendor’s Property Included in Contests or Sweepstakes.

(1) Manufacturers or and distributors may administer consumer contests and sweepstakes that include a vendor’s property as the prize.  However, the contest or sweepstakes shall not be a joint venture with a vendor.  Any contest or sweepstakes prizes purchased by the manufacturer or distributor shall be purchased at the same cost as charged to the general public.  Any room rental fee paid by the manufacturer or distributor to the vendor shall be at the vendor’s normal rate.

(2) Manufacturers or and distributors may use the names and pictures of the vendor’s properties related to prizes awarded to consumers. Any reference to a vendor shall be relatively inconspicuous, which in no case may be more 20 percent of the total size of the advertisement or entry form in relation to the total size of the advertisement or entry form.

Specific Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New _______.

 

61A-1.01021 Returns of Damaged Products.

(1) Vendors may return damaged products to distributors. Vendors shall notify distributors of damaged products received from the distributor within ten days after delivery in order to obtain a credit or exchange. Damaged products shall be verified by the distributor’s representative prior to issuing a credit or exchange. Damaged products shall be exchanged in exact quantities with products of near or equal value made by the same manufacturer and in the same size containers unless a credit or cash is issued at the time of the return with supporting documentation. Products damaged by vendors shall not be returned to the distributor for credit or exchange and will be the vendor’s liability.

(2) Distributors shall maintain records of vendor requests for return of damaged products with reference made to the original invoice showing the delivery date and any credit memo issued. Distributors shall make and keep a transaction record of all exchanges detailing the date, the licensed vendor, business name and address, the vendor’s license number, and the product exchanged for products, cash, or credit.

(3) No return of the product shall be permitted if the vendor’s request is made more than ten days after the delivery date, unless the division has granted permission on DBPR form 4000A-015, Application to Return Alcoholic Beverages, incorporated herein by reference and effective _______6/5/97. This form may be obtained from the Department’s website at http://www.myflorida.com/dbpr/abt/index.html.

Specific Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New________.

 

61A-1.01022 Returns of Undamaged Products.

(1) Distributors shall not make consignment sales to vendors. Vendors who make a request for return of undamaged products within five days after delivery shall be entitled to cash or a credit within ten days after the request and at the same time the distributor picks up the products. The distributor shall document the request on the credit or refund memo. The five-day requirement excludes days that either the vendor or the distributor are closed for business.

(2) No return of the product shall be permitted if the vendor’s request is made more than five days after the delivery date, unless the division has granted permission on DBPR form 4000A-015, Application to Return Alcoholic Beverages, incorporated herein by reference and effective __________6-5-97. This form may be obtained from the Department’s website at http://www.myflorida.com/dbpr/abt/index.html.

Specific Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New ________.