Tied House Evil: Dos and Don'ts for Florida Bars
Everyone loves free or cheap stuff, but licensed vendors of alcoholic beverages in Florida are prohibited from accepting certain types of assistance from the industry’s manufacturers and distributors. This quick reference guide is drawn from section 561.42 of the Florida Statutes and chapter 61A-1 of the Florida Administrative Code.
Please consult your legal counsel before accepting anything of value from a distributor or manufacturer.
The following items and services may be given or sold to a vendor by a manufacturer, distributor, importer, primary American source of supply, brand owner or registrant, or any broker, sales agent, or sales person thereof.
Neon, electric, or other signs, including window painting and decalcomanias applied to the interior or exterior of windows, posters, placards, and other advertising material advertising the brand or brands of alcoholic beverages sold by him or her as long as its displayed in the interior of the licensed premises. Fla. Stat. 561.42(11)
Neon or electric signs, window painting and decalcomanias, posters, placards, and other advertising material herein authorized to be used or displayed by the vendor in the interior of his or her licensed premises. Fla. Stat. 561.42(12)
Trays, coasters, mats, menu cards, napkins, cups, glassware, thermometers, and the like, as long as they are sold at a price not less than the actual cost to the industry member who initially purchased them, without limitation in total dollar value of such items sold to a vendor and bear a permanent brand name intended to prominently advertise the brand. A distributor may not give a vendor more than 10 cases of glassware per calendar year per licensed premises. Fla. Stat. 561.42(14)(a)
Durable retailer advertising specialties such as clocks, pool table lights, and the like, which bear advertising. Fla. Stat. 561.14(b)
Consumer advertising specialties such as ashtrays, T-shirts, bottle openers, shopping bags, and the like, such items as long as they are sold at a price not less than the actual cost to the industry member who initially purchased them, and may be sold without limitation in total value of such items sold to a vendor. Fla. Stat. 561.42(14)(c)
Draft equipment and tapping accessories sold at a price not less than the cost to the industry member who initially purchased them Fla. Stat. 561.42(14)(f)
Washers, gaskets, tail pieces, hoses, hose connections, clamps, plungers, and tap markers. Fla. Stat. 561.42(14)(f)
Product display items like wine racks, bins, barrels, casks, shelving, or similar product display items which are separated from a vendor’s ordinary shelves and used primarily to hold and display factory sealed products of the provider for sale to customers at room temperature or cold. Such displays shouldn’t be use for refrigeration; furniture; or other fixtures. The product display shall bear product or industry member information that is conspicuous and permanently inscribed or securely affixed to the product display. The vendor’s name, business name, website address, logo, and address may be part of the product display. Fla. Admin. R. 61A-1.0101
In-store servicing of wine. Fla. Stat. 561.424
In-store servicing of beer and malt beverages. Fla. Stat. 561.423
Expendable retailer advertising specialties of nominal value such as trays; coasters; mats; menu cards; napkins; paper, plastic, or Styrofoam cups; thermometers; and similar specialties. Alcoholic beverage lists, menus, and menu cards shall not contain any information other than advertising, alcoholic beverages, and prices. Fla. Admin. R. 61A-1.01010
Durable retailer advertising specialties include pool table lights, picnic-table umbrellas, mirrors, clocks, calendars and similar specialties. Fla. Admin. R. 61A-1.01011
Consumer Advertising Specialties like trading stamps, nonalcoholic mixers, pouring racks, ashtrays, bottle or can openers, cork screws, shopping bags, matches, printed recipes, pamphlets, cards, leaflets, blotters, post cards, pencils, T-shirts, caps, visors, and similar specialties. Fla. Admin. R. 61A-1.01012
The following items and services may not be given or sold to a vendor by a manufacturer, distributor, importer, primary American source of supply, brand owner or registrant, or any broker, sales agent, or sales person thereof.
Any outside sign, printed painted, electric, or otherwise nor any sign advertising any brand of alcoholic beverages on the outside of the licensed premises including the lot of land or building the licensed premises is a part of. Fla. Stat. 561.42(10)
More than one neon, electric, or similar sign, advertising the product of any one manufacturer. Fla. Stat. 561.42(11)
Any type of malt beverage coupon or malt beverage cross merchandising coupon where :
The coupon is produced, sponsored, or furnished, whether directly or indirectly, by an alcoholic beverage manufacturer, distributor, importer, brand owner, or brand registrant or any broker, sales agent, or sales person thereof; and
The coupon is or purports to be redeemable by a vendor or other person who sells malt beverages to consumers in the state. Fla. Stat. 561.42(13)
A vendor that receives a gift of glassware from a distributor may not sell the glassware or return it to a distributor for cash, credit, or replacement. Fla. Stat. 561.42(14)(a)
No cooperative advertising between a manufacturer, distributor, importer, brand owner, or brand registrant of malt beverages, or sales agent and a vendor. Fla. Stat. 561.42(14)(e)
No product displays, equipment (refrigerators, grills), furniture (tables, chairs), other furnishings (wallpaper, deck awnings), or other fixtures (sinks, dishwashers) and similar items. Fla. Admin. R. 61A-1.01011
No entertainment equipment (televisions, radios, computers), sports equipment (footballs, soccer goals), amusement or leisure equipment (table games, dart boards) and recreational equipment (tents, bicycles, canoes). Fla. Admin. R. 61A-1.01011
Please consult an attorney if you have any questions on tied house evil compliance matters.
Please note that this page is made available by the law firm for educational purposes only, and that it is not intended to provide specific legal advice. Visiting this page does not create an attorney-client relationship between you and the firm.