The 2023 Florida Statutes (including Special Session C)

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 561
BEVERAGE LAW: ADMINISTRATION

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F.S. 561.424

561.424 Vinous beverages; in-store servicing authorized.—

(1) It is the finding of the Legislature that the in-store servicing of wine by a distributor is a necessary part of a distributor’s function and responsibility to a vendor. It is further the finding of the Legislature that the in-store servicing of wine by a distributor is not intended by the distributor to induce a vendor to purchase wine from the distributor nor does the distributor intend to provide any financial assistance to a vendor by providing such in-store servicing to the vendor. In addition, it is the finding of the Legislature that in-store servicing of wine by a distributor is a normal trade or business practice which has substantially contributed to the increase in sales of wine resulting in a substantial benefit to the state by increased tax revenues resulting from the increased sales, and therefore is not a rendering of financial assistance to a vendor or an inducement to purchase wine.

(2) Nothing in s. 561.42 or any other provision of the alcoholic beverage law shall prohibit a distributor of wine from providing in-store servicing of wine sold by such distributor to a vendor. “In-store servicing” as used herein means: placing the wine on the vendor’s shelves and maintaining the appearance and display of said wine on the vendor’s shelves in the vendor’s licensed premises; placing the wine not so shelved or displayed in a storage area designated by the vendor, which is located in the vendor’s licensed premises; rotation of vinous beverages; and price stamping of vinous beverages in vendor’s licensed premises. This section shall not apply to distilled spirits.

History.—s. 3, ch. 77-192.

F.S. 561.424 on Google Scholar

F.S. 561.424 on Casetext

Amendments to 561.424

Arrestable Offenses / Crimes under Fla. Stat. 561.424

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 561.424.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WINE INDUSTRY OF FLORIDA, INC. v. G. MILLER,, 609 F.2d 1167 (5th Cir. 1980)

. . . . § 561.424, or, more particularly, the relationship between those provisions. . . . Department, the District Court for the Northern District of Florida held that because Fla.Stat.Ann. § 561.424 . . . Ann. § 561.424. . . . Ann. § 561.424 is permissive and not directive. . . . Fla.Stat.Ann. § 561.424 provides: (1) It is the finding of the Legislature that the in-store servicing . . .