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Florida Statute 561.22 - Full Text and Legal Analysis
Florida Statute 561.22 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 561.22 Case Law from Google Scholar Google Search for Amendments to 561.22

The 2025 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO
Chapter 561
BEVERAGE LAW: ADMINISTRATION
View Entire Chapter
561.22 Licensing manufacturers, distributors, and registered exporters as vendors prohibited.
(1) Except as provided in this section, any applicant may receive a license as a manufacturer or distributor or may be registered as an exporter, but a license or registration may not be issued to a manufacturer, distributor, or exporter as a vendor, and a license or registration may not be issued to a vendor as a manufacturer, distributor, or exporter.
(2)(a) If any applicant for a vendor’s license or renewal thereof is an individual, such individual is within the provisions of subsection (1) if he or she is interested or connected, directly or indirectly, with any corporation which is engaged, directly or indirectly, or through any subsidiary or affiliate corporation, including any stock ownership exceeding 0.5 percent owned individually, including a 0.5 percent interest in a blind or revocable trust, as set forth in subsection (3), in manufacturing, distributing, or exporting alcoholic beverages under a license or registration of this state or any state of the United States.
(b) If any applicant for a vendor’s license or renewal thereof is a copartnership, such copartnership is within the provisions of subsection (1) if any member of the copartnership is interested or connected, directly or indirectly, with any corporation which is engaged, directly or indirectly, or through any subsidiary or affiliate corporation, including any stock ownership as set forth in subsection (3), in manufacturing, distributing, or exporting alcoholic beverages under a license or registration of this state or any state of the United States.
(3) If any applicant for a vendor’s license or the renewal thereof is a corporation, such corporation is within the provisions of subsection (1) if such corporation is affiliated with, directly or indirectly, any other corporation which is engaged in manufacturing, distributing, or exporting alcoholic beverages under a license or registration of this state or any other state of the United States, or if such applicant corporation is controlled by or the majority stock therein owned by another corporation, which latter corporation owns or controls in any way the majority stock or controlling interest in any other corporation that is engaged, directly or indirectly, in manufacturing, distributing, or exporting alcoholic beverages under a license or registration in this state or any other state in the United States.
(4) If any applicant for a manufacturer’s or distributor’s license or an exporter’s registration, or renewal thereof, is an individual or copartnership, such individual or copartnership is within the provisions of subsection (1) if the individual or any member of the copartnership is interested or connected, directly or indirectly, with any corporation which is engaged, directly or indirectly, or through any subsidiary or affiliate corporation, including any stock ownership as set forth in subsection (5) in selling alcoholic beverages as a vendor under a license of this state.
(5) If any applicant for a manufacturer’s or distributor’s license or an exporter’s registration, or the renewal thereof, is a corporation, such corporation is within the provisions of subsection (1) if such corporation is affiliated with, directly or indirectly, any other corporation which is engaged in selling alcoholic beverages as vendor under a license of this state or when such applicant corporation is controlled by, or the majority stock therein owned by another corporation, which latter corporation owns or controls in any way the majority stock or controlling interest in any other corporation that is engaged, directly or indirectly, in selling alcoholic beverages as vendor under a license of this state.
History.s. 2, ch. 16774, 1935; CGL 1936 Supp. 4151(228); s. 8, ch. 25359, 1949; s. 2, ch. 63-562; s. 1, ch. 72-230; s. 1, ch. 76-288; s. 9, ch. 91-60; s. 843, ch. 97-103.

F.S. 561.22 on Google Scholar

F.S. 561.22 on CourtListener

Amendments to 561.22


Annotations, Discussions, Cases:

Cases Citing Statute 561.22

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Jerry Bainbridge v. John Bush, 311 F.3d 1104 (11th Cir. 2002).

Published | Court of Appeals for the Eleventh Circuit | 2002 WL 31487618

...ion system – in essence a vertical quarantine. First, it requires three vertical layers of distribution (manufacturer, distributor, and vendor) and mandates that no layer in the vertical hierarchy act in the capacity of another. FLA. STAT. ANN. § 561.22(1) (West 2002). For example, a manufacturer cannot act as a distributor or retailer....
...An exception to the vertical quarantine is carved out for in-state wineries, which are allowed to receive vendors’ permits. Id. § 4 The parties filed a Joint Stipulation of Fact for Cross-Motions for Summary Judgment on May 25, 2001. 3 561.221(1)(a)....
...The statute carves out an exception for wineries, enabling them to obtain vendors’ licenses provided that “the licensed premises of the vendor are situated on property contiguous to the manufacturing premises of the licensed manufacturer of wine.” FLA. STAT. ANN. § 561.221(1)(a)....
...winery’s premises. Rather, it merely confines those wineries eligible for a vendor’s license to those with a sales outlet on contiguous property. It says nothing about additional sales off the premises, so long as contiguous premises are maintained. Since section 561.221 allows wineries to attain vendors’ licenses and section 561.57 grants vendors the right to deliver alcohol to consumers (so long as the vendors’ vehicles are used), the best reading of the statute is that the winery-turned-vendor,...
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Jerry Bainbridge v. John Bush, 311 F.3d 1104 (11th Cir. 2002).

Published | Court of Appeals for the Eleventh Circuit

...ion system – in essence a vertical quarantine. First, it requires three vertical layers of distribution (manufacturer, distributor, and vendor) and mandates that no layer in the vertical hierarchy act in the capacity of another. FLA. STAT. ANN. § 561.22(1) (West 2002). For example, a manufacturer cannot act as a distributor or retailer....
...An exception to the vertical quarantine is carved out for in-state wineries, which are allowed to receive vendors’ permits. Id. § 4 The parties filed a Joint Stipulation of Fact for Cross-Motions for Summary Judgment on May 25, 2001. 3 561.221(1)(a)....
...The statute carves out an exception for wineries, enabling them to obtain vendors’ licenses provided that “the licensed premises of the vendor are situated on property contiguous to the manufacturing premises of the licensed manufacturer of wine.” FLA. STAT. ANN. § 561.221(1)(a)....
...winery’s premises. Rather, it merely confines those wineries eligible for a vendor’s license to those with a sales outlet on contiguous property. It says nothing about additional sales off the premises, so long as contiguous premises are maintained. Since section 561.221 allows wineries to attain vendors’ licenses and section 561.57 grants vendors the right to deliver alcohol to consumers (so long as the vendors’ vehicles are used), the best reading of the statute is that the winery-turned-vendor,...
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Jerry Bainbridge v. Dir. of the Florida Div. of Alcoholic Beverages & Tobacco (11th Cir. 2023).

Published | Court of Appeals for the Eleventh Circuit

Argued: Jan 27, 2023

...ailer—but prohibited out-of-state wineries from doing the same. Compare Fla. Stat. §§ 561.54 and 561.545 (generally prohibiting the direct delivery of alcoholic bev- erages to Florida consumers from out of state), and id. § 561.22(1) (generally prohibiting manufacturers from obtaining vendor li- censes), with § 561.221(1)(a) (providing an exception for Florida wine manufacturers—e.g., wineries—which may obtain vendor li- censes to sell directly to consumers). Two decades ago, the Plaintiffs challenged Florida’s direct...

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