Florida beverage law classifies the various licenses and registrations into different categories under Section 561.14, Florida Statutes. If you are in the alcohol industry, or even in the planning stages, you will want to be aware of the rules and regulations governing your business, and the differences in those laws.
1. Manufacturers
A manufacturer is defined as “all persons who make alcoholic beverages except those who make beer or wine for personal or family consumption.” Section 561.14, Florida Statutes. The statute is clear that manufacturers of beer, wine, spirits, or even if you are simply blending alcohol together, you are only allowed to sell to licensed distributors.
2. Distributors
Licensed Distributors, or sometimes referred to as wholesalers, are usually the only companies that manufacturers can sell wholesale product too. There are specific laws that distributors have to follow, such as requiring distributors to own or lease warehouse space to store their inventory and we are here to help you navigate those requirements.
3. Retail Vendors
Retail vendors, such as bars, restaurants, convenient stores, etc. are only able to purchase from licensed “vendor[s], manufacturer[s], bottler[s], or distributor[s] under the Beverage Law.” Section 561.14, Florida Statutes. Vendors can purchase from other vendors if they are a member of a pool buying group, of which they can only be apart of one.
4. Brokers or Sales Agents
Brokers can be located out of State, but are only allowed to sell to manufacturers or distributors who are licensed. The broker is unable to have a direct or indirect affiliation with any retailer in Florida. This license classification does not include manufacturers’ representatives who are registered with the division under the provisions of ss. 564.045(1) and (2) and 565.095(1) and (2).
5. Importers
Importers can ship to licensed manufacturers or licensed distributors and to no one else, as well as having no direct or indirect affiliation with any. The holder of an importer’s license shall be considered as having complied with the licensing requirements of a broker or sales agent. As above, this license classification does not include manufacturers’ representatives.
6. Bottle Clubs
A bottle club is defined as “a commercial establishment, operated for a profit, whether or not a profit is actually made, wherein patrons consume alcoholic beverages which are brought onto the premises and not sold or supplied to the patrons by the establishment, whether the patrons bring in and maintain custody of their own alcoholic beverages or surrender custody to the establishment for dispensing on the premises, and which is located in a building or other enclosed permanent structure.” Section 561.14, Florida Statutes.
This definition does not apply to sporting facilities, restaurants licensed by the Division of Hotels and Restaurants, or hotels and motels licensed by the Division of Hotels and Restaurants.
7. Exporters
Exporters are defined as any person that sells alcoholic beverages to persons for use outside the state, which includes a ship’s chandler and a duty-free shop.
If you are planning on starting a business in the above areas, or looking to get established in Florida, Stanton IP Law is here to help.
Reach out to us to schedule a complimentary 15-minute consultation with one of our beverage law experts!
