Sun Sentinel Palm Beach Edition
Alcohol vending machines possible
Beer, wine may be the press of a button away at some Florida condos
Imagine running out of adult beverages but having to run no further than the lobby of your condominium building to buy some more.
That dream could become a reality now that a Coral Gables marketer will apparently be allowed to install beer and wine vending machines in Florida condo buildings — over the objections of major beer and wine lobbies.
Vending machines that dispense spirits are becoming more common around the country, but mostly in establishments such as restaurants or bars that already sell alcohol. Anheuser-Busch InBev recently introduced BeerBox for use at concerts, sports arenas and music festivals.
How quickly La Galere Markets of Coral Gables will offer beer and wine at its mini marts in Florida remains to be seen. The company must still apply for an alcoholic beverage sales license.
Booze vending machines are closer to reality because the 1st District Court of Appeal last week overturned the state’s 2017 denial of La Galere’s bid to install them in residential condominium developments.
La Galere had applied to the Division of Alcoholic Beverages and Tobacco for an OK to offer beer and wine at its so-called self-checkout mini-marts — which also sell snacks, sandwiches, personal care products and household goods — in the developments.
The company proposed security measures to ensure only preregistered residents over 21 could access the machines using key fobs and fingerprints. La Galere pointed out that its screening process would be more secure than alcohol sales in mini bars in hotel rooms, which are not supervised by hotel employees.
In a public hearing by the division, La Galere’s petition was opposed by several trade groups, including the Beer Industry of Florida, Florida Beer Wholesalers Association Inc., and Florida Independent Spirits Association.
The division issued a final or
der finding that Florida law did not specifically prohibit alcoholic beverage sales in vending machines.
But in its Jan. 31 opinion, the appellate court struck down the division’s order, finding that “nothing in the plain language [of Florida law] prohibits the sale of alcoholic beverages through automated dispensing machines.”
The opinion opens the door to “safe and controlled sale of alcohol using automated dispensing machines, but also permits condominium developers and association operators to offer another amenity to its residents,” said Louis J. Terminello of Greenspoon Marder LLP, which represented La Galere.
And the appellate court, while reversing the division’s declaration that its proposal violated 10 state laws, wrote “we do not suggest that other provisions of the beverage law would not prohibit or restrict the sale of alcoholic beverages in the manner described by [La Galere].
Opposing the concept in 2017, the Florida Beer Wholesalers Association argued it would create a “slippery slope” that could lead to such schemes as the ability to buy beer and wine from warehouse locations supervised only through technology.
On Tuesday, executive director Mitch Rubin said the association hasn’t decided whether it will mount any further opposition to La Galere’s bid and must study the ruling.
If La Galere gets its concept approved, Florida’s beer sellers will no doubt do business with the company, he said. “It would be another retail location in the state that we can sell to once they get licensed,” he said.