Fla. Admin. Code Ann. R. 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.
Notes
Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS.
New 9-15-10.
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