The 2023 Florida Statutes (including Special Session C)

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 564
WINE

View Entire Chapter

F.S. 564.045

564.045 Licensure as primary American source of supply.—

(1) DEFINITION.—“Primary American source of supply” means the manufacturer, vintner, winery, or bottler, or their legally authorized exclusive agent, who, if the product cannot be secured directly from the manufacturer by an American distributor, is the source closest to the manufacturer in the channel of commerce from whom the product can be secured by an American distributor, or who, if the product can be secured directly from the manufacturer by an American distributor, is the manufacturer. It shall also include any applicant who directly purchases vinous beverages from a manufacturer, vintner, winery, or bottler who represents that there is no primary American source of supply for the brand and such applicant must petition the division for approval of licensure.

(2) TAX CONTROL LICENSURE REQUIRED.—For purposes of tax revenue control, no person, firm, corporation, or other entity which is the primary American source of supply as defined herein may sell, offer for sale, accept orders for sale, ship, or cause to be shipped into this state any vinous beverages to any distributor or importer within the state without having first obtained licensure as a primary American source of supply on forms provided by, and in such manner as prescribed by, the division. Applicants for licensure as a primary American source of supply shall be exempt from the requirements and qualification standards set forth in ss. 561.15 and 561.17.

(3) LICENSE FEES.—Licensure as a primary American source of supply authorizes the shipment of vinous beverages manufactured within and without the state to licensed distributors, importers, manufacturers, bonded warehouses, and registered exporters within the state. The annual license fee for a primary American source of supply is $15 for each brand that requires a federal label approval and is scheduled for shipment to a licensed distributor or importer within this state for the purpose of being sold within the state. The annual license fee shall be submitted with the application for initial licensure. This license shall be renewed each year and the renewal fee shall be $15 for each brand shipped into the state during the preceding year.

(4) CERTAIN INTERSTATE AND FOREIGN SHIPMENTS PROHIBITED.—No holder of a distributor’s license or importer’s license as classified by s. 561.14(2) may ship or cause to be shipped into this state, or accept delivery from another state or a foreign country of, any vinous beverages except directly from a licensed primary American source of supply.

(5) PRIVATE LABELS.—Nothing herein shall prohibit the ownership by vendors of brand names of distilled spirits and vinous beverages commonly known as private labels; provided that such ownership and use thereof do not otherwise violate the Beverage Law.

(6) RULEMAKING AUTHORITY.—The division shall promulgate rules as necessary to carry out the purpose of this section.

History.—ss. 1, 3, ch. 78-135; s. 1, ch. 85-58; s. 10, ch. 96-419.

F.S. 564.045 on Google Scholar

F.S. 564.045 on Casetext

Amendments to 564.045

Arrestable Offenses / Crimes under Fla. Stat. 564.045

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 564.045.

Annotations, Discussions, Cases:

Cases from cite.case.law:

NATIONAL DISTRIBUTING COMPANY, INC. d b a NDC d b a d b a a v. JAMES B. BEAM DISTILLING CO., 845 F.2d 307 (11th Cir. 1988)

. . . At the time the parties signed the original contract, Florida law contained sections 564.045(5) and 565.095 . . .

FLORIDA BEVERAGE CORPORATION, v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, DEPARTMENT OF BUSINESS REGULATION,, 503 So. 2d 396 (Fla. Dist. Ct. App. 1987)

. . . At the time the contract was entered into, Florida law contained Section 564.045, Florida Statutes (1979 . . . The Division entered an order determining that, in view of the repeal of Section 564.045, it no longer . . . Section 564.045(5) provided for a detailed administrative apparatus for the determination of whether . . . between a licensed distributor and its registered primary American source of supply, as defined in s. 564.045 . . .

STANDARD DISTRIBUTING COMPANY OF PENSACOLA, FLORIDA v. FLORIDA DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES, ISC, 473 So. 2d 216 (Fla. Dist. Ct. App. 1985)

. . . In their motion for rehearing appellees have notified the court that §§ 564.045(5) and 565.095(5) have . . . In our opinion in this cause, we determined that §§ 565.095(5) and 564.045(5) applied to the parties . . . We hold that the repeal of §§ 564.045(5) and 565.095(5) has no effect upon our original opinion or upon . . . .” §§ 564.045(5) and 565.095(5). The statute requires an affirmative showing of good cause. . . . In order to terminate a distributor under §§ 564.045(5) or 565.-095(5), a manufacturer or successor manufacturer . . .