Florida Statute 564.045 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 564
WINE

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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.

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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 Citing Statute 564.045

Total Results: 5

Fla. Bev. Corp. v. Div. of Alcoholic Bev.

Court: Fla. Dist. Ct. App. | Date Filed: 1987-02-22T23:53:00-08:00

Citation: 503 So. 2d 396

Snippet: was entered into, Florida law contained Section 564.045, Florida Statutes (1979), known as the Brand Withdrawal…determining that, in view of the repeal of Section 564.045, it no longer had jurisdiction to entertain brand…impairment of the obligations of the contract. Section 564.045(5) provided for a detailed administrative apparatus…primary American source of supply, as defined in s. 564.045 or s. 565.095, may be filed in the courts of this

State v. Powell

Court: Fla. | Date Filed: 1986-10-29T23:53:00-08:00

Citation: 497 So. 2d 1188

Snippet: Publishing Co., 181 U.S. 92 101-02, 21 S.Ct. 561, 564, 45 L.Ed. 765 (1901) (emphasis supplied). The right

Standard Distributing Co. v. Florida Department of Business Regulation, Division of Alcoholic Beverages

Court: Fla. Dist. Ct. App. | Date Filed: 1985-05-16T00:00:00-07:00

Citation: 473 So. 2d 216, 1985 Fla. App. LEXIS 13967

Snippet: rehearing appellees have notified the court that §§ 564.045(5) and 565.095(5) have been repealed effective …this cause, we determined that §§ 565.095(5) and 564.045(5) applied to the parties and their contractual…between the parties. We hold that the repeal of §§ 564.045(5) and 565.095(5) has no effect upon our original

Ago

Court: Fla. Att'y Gen. | Date Filed: 1978-12-11T23:53:00-08:00

Snippet: now Ch. 78-135, Laws of Florida, Codified as ss. 564.045(5) and 565.095(5), F. S. [1978 Supp.]) reads as

State Ex Rel. Harrell v. Cone

Court: Fla. | Date Filed: 1937-10-06T00:00:00-08:00

Citation: 177 So. 854, 130 Fla. 158

Snippet: show that the County has already received $590,564.45, when the total amount which could have been, under