(1) A distributor selling an alcoholic beverage to a vendor in bulk, by recyclable keg or other similar reusable container, for the purpose of sale in draft form on tap, must charge the vendor a deposit, to be referred to as a “keg deposit,” in an amount not less than that charged to the distributor by the manufacturer for each keg or container of the beverage sold. The deposit amount charged to a vendor for a draft keg or container of a like brand must be uniform. Charges made for deposits collected or credits allowed for empty kegs or containers returned must be shown separately on all sale tickets or invoices. A copy of such sales tickets or invoices must be given to the vendor at the time of delivery.
(2) In lieu of receiving a keg deposit, a distributor selling alcoholic beverages by recyclable keg or other similar reusable container for the purpose of sale in draft form to a vendor identified in s. 561.01(18) or s. 565.02(6) or (7) shall implement an inventory and reconciliation process with such vendor in which an accounting of kegs is completed and any loss or variance in the number of kegs is paid for by the vendor on a per-keg basis equivalent to the required keg deposit. This inventory and reconciliation process may occur twice per year, at the discretion of the distributor, but must occur at least annually. Upon completion of an agreed upon keg inventory and reconciliation, the vendor shall remit payment within 15 days after receiving an invoice from the distributor. The vendor may choose to establish and fund a separate account with the distributor for the purpose of expediting timely payments.
History.—s. 5, ch. 2016-190.
Structure Florida Statutes
Title XXXIV - Alcoholic Beverages and Tobacco
Chapter 561 - Beverage Law: Administration
561.02 - Creation and Duties of Division of Alcoholic Beverages and Tobacco.
561.025 - Alcoholic Beverage and Tobacco Trust Fund.
561.027 - Federal Law Enforcement Trust Fund.
561.051 - Reporting Requirements of Director.
561.08 - Enforcement of Beverage Law; Division to Prescribe Forms.
561.11 - Power and Authority of Division.
561.1105 - Inspection of Licensed Premises; Coin-Operated Amusement Machines.
561.111 - Payment of Taxes by Electronic Funds Transfer.
561.1211 - Credit for Contributions to Eligible Nonprofit Scholarship-Funding Organizations.
561.1212 - Credit for Contributions to the New Worlds Reading Initiative.
561.1213 - Credit for Contributions to Eligible Charitable Organizations.
561.14 - License and Registration Classification.
561.15 - Licenses; Qualifications Required.
561.17 - License and Registration Applications; Approved Person.
561.18 - License Investigation.
561.181 - Temporary Initial Licenses.
561.19 - License Issuance Upon Approval of Division.
561.20 - Limitation Upon Number of Licenses Issued.
561.22 - Licensing Manufacturers, Distributors, and Registered Exporters as Vendors Prohibited.
561.29 - Revocation and Suspension of License; Power to Subpoena.
561.32 - Transfer of Licenses; Change of Officers or Directors; Transfer of Interest.
561.33 - Licensee Moving to New Location; Changing Name of Business.
561.342 - County and Municipal License Tax.
561.37 - Bond for Payment of Taxes.
561.371 - Bond for Payment of Taxes by Spirituous Liquor Distributors.
561.38 - Issuance of License Prohibited Until Bond Approved; Cancellation or Expiration of Bond.
561.411 - Qualifications for Distributors.
561.4205 - Keg Deposits; Limited Alternative Inventory and Reconciliation Process.
561.421 - Temporary Convention Permits.
561.423 - Beer and Malt Beverages; In-Store Servicing Authorized.
561.424 - Vinous Beverages; In-Store Servicing Authorized.
561.49 - No Tax on Out-of-State Sales.
561.495 - Legislative Findings; Cost of Regulating Imported Beverages.
561.50 - One State Tax Payment; Reports.
561.5101 - Come-to-Rest Requirement; Exceptions; Penalties.
561.54 - Certain Deliveries of Beverages Prohibited.
561.545 - Certain Shipments of Beverages Prohibited; Penalties; Exceptions.
561.56 - Transportation of Beverages by Manufacturers, Distributors, and Exporters.
561.57 - Deliveries by Licensees.
561.58 - Issuance of License for a Prior License Revoked.
561.65 - Mortgagee’s Interest in License.
561.665 - Division to Restrict Licensees From Permitting Certain Activities.
561.67 - Reclamation by Distributor of Beverages Not Paid for by Licensed Vendors.
561.68 - Licensure; Distributor’s Salespersons.
561.695 - Stand-Alone Bar Enforcement; Qualification; Penalties.
561.703 - Definitions Relating to Florida Responsible Vendor Act.