NOTICE IS HEREBY GIVEN THAT the Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation has issued an order disposing of the petition for declaratory statement filed by of Display Points Group on November 19, 2010. The following is a summary of the agency's disposition of the petition:
Based upon the facts set out in the submitted Petition for Declaratory Statement, Petitioner’s network advertising system and proposed business model are valid under Florida law, should Petitioner compensate the host retail venue by allowing it to utilize twenty percent (20%) of the advertising time available in each hour to display the host retail venue’s own content. However, Petitioner’s network advertising system and proposed business model are problematic and invalid under Florida law, should Petitioner choose to compensate the host retail venue by paying either a flat monthly lease fee or a variable monthly lease fee based on the total number of non-alcohol beverage advertisers featured per month. This conclusion is based on the facts described in the Petitioner’s Petition for Declaratory Statement and legal research by the Division. Accordingly, this conclusion has no application in the event that the factual circumstances and/or relationships among the entities described herein are incorrect or change.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Agency Clerk, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-2217.
Please refer all comments to: Michael Ross, Chief Attorney, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-2202.