Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Alcoholic Beverages and Tobacco
RULE NO: RULE TITLE
61A-1.0107: Inside Signs Advertising Brands
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify how and when manufacturers and distributors may provide inside signs advertising brands to vendors.
SUMMARY: This rule is part of a large set being promulgated to implement statutory provisions relating to approved advertising and promotional gifts, including coupons, as they pertain to the sales of alcoholic beverages.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 561.11, 561.42 FS.
LAW IMPLEMENTED: 561.08, 561.42 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, February 13, 2008, 9:00 a.m. – 5:00 p.m. or until completion of business, whichever is earlier, at which time the record will close
PLACE: Professions Boardroom, Northwood Centre, 1940 N. Monroe Street, Tallahassee, FL 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: DeeAnna Owens, Administrative Assistant, (850)414-8125. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lisa Livezey Comingore, Assistant General Counsel, Department of Business and Professional Regulation, Office of the General Counsel, 1940 North Monroe Street, Suite 42, Tallahassee, Florida 32399, (850)487-9677

THE FULL TEXT OF THE PROPOSED RULE IS:

61A-1.0107 Inside Signs Advertising Brands.

(1) Manufacturers and distributors may give, sell, lend, or furnish inside signs advertising brands to vendors such as neon or electric signs, window painting and decalcomanias, posters, placards, and other advertising material herein authorized to be displayed or used in the interior of a licensed vendor’s business.  The signs must advertise brands sold by the vendor.

(2) The signs may include the vendor’s name, business name and address; however, identification of vendors shall be relatively inconspicuous in relation to the total size of the advertisement.  Signs may include the price or space for the price of the alcoholic beverage product advertised on the signs.  Signs shall not include any reference to a vendor’s promotion or event.  Vendors shall not add anything other than price to any inside sign given them by manufacturers or distributors.

(3) Vendors shall not have more than one neon or electric sign per manufacturer in their window or windows.

Specific Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Cynthia Hill, Director, Division of Alcoholic Beverages and Tobacco
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Ralf Michels, Chief Attorney, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Office of the General Counsel, 1940 North Monroe Street, Suite 42, Tallahassee, Florida 32399, (850)488-0062
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 28, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 17, 2007