![]() To terminate, cancel, fail to renew, or refuse to continue the franchise or selling agreement of any such distributor without good cause as defined in subsections (7) and (10). Section 563.022(4) proscribes "nfair methods of competition and unfair or deceptive acts or practices in the conduct of the manufacturing, importing, distribution, sale, wholesaling, and franchising of beer." Section 563.022(5) further elucidates subsection (4) by setting forth sixteen unfair acts, including one relevant to this case: (b) It shall be deemed a violation of subsection (4) for a manufacturer or officer, agent, or other representative thereof. Section 563.022, Florida Statutes, is designed to accomplish three goals: (1) ensure the distributor "is free to manage its business enterprise" (2) ensure the distributor will "devote reasonable efforts and resources to sales and distribution" of an importer's products and maintain a "satisfactory" sales level and (3) establish and maintain an orderly system of beer distribution to the public. The Florida Legislature strictly regulates the relationship between importers and distributors of beer. The exclusive sales territory "shall be embodied in a formal written agreement," which must designate the brands for which the territory is granted and the exact geographical boundaries of the territory. Distributors are entitled to an exclusive sales territory for each product imported. The Statutory Schemeīecause they can sell directly to consumers only in limited circumstances, importers and manufacturers of beer must assign distributors for their products. The statute is therefore reviewed first, and then the undisputed facts giving rise to this lawsuit are described. The parties' actions and claims must be understood within the context of § 563.022. Micro Man sued, alleging a violation of § 563.022, Florida Statutes, which governs the relationships between beer distributors and beer importers. terminated the exclusive beer distribution franchise for the state of Florida assigned to Plaintiff Micro Man Distributors, Inc. On February 20, 2013, Defendant Louis Glunz Beer, Inc. Upon consideration, genuine issues of fact remain as to the reasonableness of Plaintiff's distribution efforts and whether Defendant's termination of the franchise was made in good faith. 49), and the corresponding responses (Dkts. 39), Louis Glunz Beer, Inc.'s Motion for Summary Judgment (Dkt. “We’re excited about this new partnership and especially about being in Florida where the brand has many fans.BEFORE THE COURT are Plaintiff's Motion for Partial Summary Judgment (Dkt. ![]() We are confident our brand is in the right hands and that they have the ability to penetrate the market on our behalf,” said Bruce Taub, president of The Fat Cat Beer Co. Our philosophies are very similar so they understand and appreciate our strategy for entering the State and being successful there over the long term. “Ian and his team have a wealth of knowledge and experience and are respected by their suppliers. currently offers four distinctly different craft beers, including its Fat Cat Lager, Sultans of Wheat, ShawShank’s Injunction Pale Ale and Beale St. “Our team is looking forward to bringing this unique brand into restaurants, bars and stores throughout the state.” ![]() “We added Fat Cat beers to our portfolio because they’re not only in the craft category, but they’re available in cans, which is a growing trend in the craft market,” said Ian McCarthy, president of Micro Man Distributors. announced it entered into an agreement with Micro Man Distributors to bring its craft beer to Florida.įounded in 1997, Micro Man specializes in craft, import and boutique beers and will be responsible for the distribution of Fat Cat’s products throughout the Sunshine State. heading to Florida via Micro Man Distributors.
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