Fla. Admin. Code R. 61A-1.01011
Current through Reg. 50, No. 235-239, December 10, 2024
Section 61A-1.01011 - Durable Retailer Advertising Specialities Exception(1) Durable retailer advertising specialties shall bear permanently inscribed, substantial advertising intended to promote the brand or industry member being advertised, and differ from inside signs in that they have a secondary function. Such secondary function is limited to passive functions only, such as providing illumination, reflection, the time, the date, or similar limited functions.(a) Durable retailer advertising specialties include pool table lights, picnic-table umbrellas, mirrors, clocks, calendars and similar specialties.(b) Durable retailer advertising specialties do not include, product displays, equipment (refrigerators, grills), furniture (tables, chairs), other furnishings (wallpaper, deck awnings), or other fixtures (sinks, dishwashers) and similar items which exceed the passive function limitation. Additional examples of items that are not durable retailer advertising specialties are entertainment equipment (televisions, radios, computers), sports equipment (footballs, soccer goals), amusement or leisure equipment (table games, dart boards) and recreational equipment (tents, bicycles, canoes).(2) Wine or spirituous beverages industry members may give or sell durable retailer advertising specialties to a vendor, for use only on a vendor's licensed premises, when such specialties advertise wine or spirituous beverages.(3) Malt beverages industry members may rent, loan or sell durable retailer advertising specialties to a vendor, for use only on vendor's licensed premises, when such specialties advertise malt beverages. (a) When an industry member sells such specialties to a vendor it shall be at a cost not less than the actual cost of the industry member who purchased them.(b) Without limitation in total value, such specialties may be loaned or rented without charge for an indefinite duration and the industry member may maintain and service such specialties.Fla. Admin. Code Ann. R. 61A-1.01011
Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS.