Florida Regulations 61A-4.061: Malt Beverages; Exclusive Sales Territories
Current as of: 2024 | Check for updates
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(1) Each licensed distributor that sells or delivers malt beverages is required to file all formal written sales territory agreements prior to selling or delivering any brand or brands of malt beverages to vendors.
(a) Each licensed distributor that has an oral sales territory agreement that was in effect prior to July 6, 1988 shall file a letter of notification to the division that such an oral agreement is in effect, which shall include the following information:
1. The name of the brand or brands covered in the agreement;
2. The name of the parties to the agreement;
3. The effective date of the agreement; and
4. The expiration date of the agreement.
(b) Agreements shall be filed with the division’s field offices or the Bureau of Licensing and Records.
(c) The division shall not initiate any administrative remedies against manufacturers, importers, or distributors if sales territory agreements were in effect prior to July 6, 1988, and allowed more than one distributor to sell or deliver malt beverages to vendors in the same sales territory.
(d) Licensed distributors shall report any brand or brands of malt beverages received from a manufacturer or importer for which no letter or formal written agreement has been filed with the division prior to selling or delivering the products to a licensed vendor.
(2) In the event an exclusive sales territory agreement for malt beverages is modified by agreement between a manufacturer or importer and a licensed distributor, the affected distributor shall, within 30 working days, provide such modified agreement to the division.
(3) Each applicant for a license to distribute malt beverages, shall file with the application for licensure a copy of all exclusive sales territory agreements in existence at the time of the application.
(4) Manufacturers and importers shall provide a copy of all formal written agreements specifying exclusive sales territories for malt beverage products to their distributors prior to shipping or causing to be shipped any brand or brands of such products into the state unless the invoice clearly notes “”Not for sale to vendors in the State of Florida””.
(5) Agreements in effect prior to July 6, 1988 may be subject to judicial review to resolve complaints and interpretation.
Specific Authority 561.11 FS. Law Implemented Florida Statutes § 563.021. History-New 10-31-89, Formerly 7A-4.061, Amended 8-25-93.
1. The name of the brand or brands covered in the agreement;
2. The name of the parties to the agreement;
3. The effective date of the agreement; and
4. The expiration date of the agreement.
(b) Agreements shall be filed with the division’s field offices or the Bureau of Licensing and Records.
(c) The division shall not initiate any administrative remedies against manufacturers, importers, or distributors if sales territory agreements were in effect prior to July 6, 1988, and allowed more than one distributor to sell or deliver malt beverages to vendors in the same sales territory.
(d) Licensed distributors shall report any brand or brands of malt beverages received from a manufacturer or importer for which no letter or formal written agreement has been filed with the division prior to selling or delivering the products to a licensed vendor.
(2) In the event an exclusive sales territory agreement for malt beverages is modified by agreement between a manufacturer or importer and a licensed distributor, the affected distributor shall, within 30 working days, provide such modified agreement to the division.
(3) Each applicant for a license to distribute malt beverages, shall file with the application for licensure a copy of all exclusive sales territory agreements in existence at the time of the application.
(4) Manufacturers and importers shall provide a copy of all formal written agreements specifying exclusive sales territories for malt beverage products to their distributors prior to shipping or causing to be shipped any brand or brands of such products into the state unless the invoice clearly notes “”Not for sale to vendors in the State of Florida””.
(5) Agreements in effect prior to July 6, 1988 may be subject to judicial review to resolve complaints and interpretation.
Specific Authority 561.11 FS. Law Implemented Florida Statutes § 563.021. History-New 10-31-89, Formerly 7A-4.061, Amended 8-25-93.