Bill Text: FL H0259 | 2011 | Regular Session | Comm Sub

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Bill Title: Beverage Law

Spectrum: Slight Partisan Bill (Republican 5-1-1)

Status: (Introduced - Dead) 2011-05-03 - Laid on Table, companion bill(s) passed, see SB 462 (Ch. [H0259 Detail]

Download: Florida-2011-H0259-Comm_Sub.html

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CS/HB 259

1	A bill to be entitled
2	An act relating to the Beverage Law; amending ss. 561.15
3	and 561.17, F.S.; providing that a performing arts center
4	that has an interest, directly or indirectly, in an
5	alcoholic beverage license is not required to obtain from
6	the Division of Alcoholic Beverages and Tobacco of the
7	Department of Business and Professional Regulation
8	approval of its volunteer officers or directors or any
9	change of such positions or interests; providing an
10	effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Subsection (3) of section 561.15, Florida
15	Statutes, is amended to read:
16	561.15  Licenses; qualifications required.-
17	(3)  The division may suspend or revoke the license under
18	the Beverage Law of, or may refuse to issue a license under the
19	Beverage Law to:
20	(a)  Any person, firm, or corporation the license of which
21	under the Beverage Law has been revoked or has been abandoned
22	after written notice that revocation or suspension proceedings
23	had been or would be brought against the license;
24	(b)  Any corporation if an officer, director, or person
25	interested directly or indirectly in the corporation has had her
26	or his license under the Beverage Law revoked or has abandoned
27	her or his license after written notice that revocation or
28	suspension proceedings had been or would be brought against her
29	or his license; or
30	(c)  Any person who is or has been an officer of a
31	corporation, or who was interested directly or indirectly in a
32	corporation, the license of which has been revoked or abandoned
33	after written notice that revocation or suspension proceedings
34	had been or would be brought against the license.
35
36	Any license issued to a person, firm, or corporation that would
37	not qualify for the issuance of a new license or the transfer of
38	an existing license may be revoked by the division. However, any
39	company regularly traded on a national securities exchange and
40	not over the counter; any insurer, as defined in the Florida
41	Insurance Code; or any bank or savings and loan association
42	chartered by this state, another state, or the United States
43	which has an interest, directly or indirectly, in an alcoholic
44	beverage license is shall not be required to obtain the
45	division's division approval of its officers, directors, or
46	stockholders or any change of such positions or interests. Any
47	such company, insurer, bank, or savings and loan association
48	which has a direct or indirect interest or which has an
49	ownership interest in the business sought to be licensed, but
50	which does not operate that business, may elect to place the
51	license solely in the name of the operator. The operator's
52	license application shall list the direct, indirect, or
53	ownership interest and the names of the officers, directors,
54	stockholders, or partners of such company, insurer, bank, or
55	association. A shopping center with five or more stores, one or
56	more of which has an alcoholic beverage license and is required
57	under a lease common to all shopping center tenants to pay no
58	more than 10 percent of the gross proceeds of the business
59	holding the license to the shopping center, shall not be
60	considered as having an interest, directly or indirectly, in the
61	license. A performing arts center, as defined in s. 561.01, that
62	has an interest, directly or indirectly, in an alcoholic
63	beverage license is not required to obtain the division's
64	approval of its volunteer officers or directors or any change of
65	such positions or interests.
66	Section 2.  Subsection (1) of section 561.17, Florida
67	Statutes, is amended to read:
68	561.17  License and registration applications; approved
69	person.-
70	(1)  Any person, before engaging in the business of
71	manufacturing, bottling, distributing, selling, or in any way
72	dealing in alcoholic beverages, shall file, with the district
73	licensing personnel of the district of the division in which the
74	place of business for which a license is sought is located, a
75	sworn application in the format prescribed by the division. The
76	applicant must be a legal or business entity, person, or persons
77	and must include all persons, officers, shareholders, and
78	directors of such legal or business entity that have a direct or
79	indirect interest in the business seeking to be licensed under
80	this part. However, the applicant does not include any person
81	that derives revenue from the license solely through a
82	contractual relationship with the licensee, the substance of
83	which contractual relationship is not related to the control of
84	the sale of alcoholic beverages. Before any application is
85	approved, the division may require the applicant to file a set
86	of fingerprints on regular United States Department of Justice
87	forms for herself or himself and for any person or persons
88	interested directly or indirectly with the applicant in the
89	business for which the license is being sought, when required by
90	the division. If the applicant or any person who is interested
91	with the applicant either directly or indirectly in the business
92	or who has a security interest in the license being sought or
93	has a right to a percentage payment from the proceeds of the
94	business, either by lease or otherwise, is not qualified, the
95	division shall deny the application. However, any company
96	regularly traded on a national securities exchange and not over
97	the counter; any insurer, as defined in the Florida Insurance
98	Code; or any bank or savings and loan association chartered by
99	this state, another state, or the United States which has an
100	interest, directly or indirectly, in an alcoholic beverage
101	license is not required to obtain the division's approval of its
102	officers, directors, or stockholders or any change of such
103	positions or interests. A shopping center with five or more
104	stores, one or more of which has an alcoholic beverage license
105	and is required under a lease common to all shopping center
106	tenants to pay no more than 10 percent of the gross proceeds of
107	the business holding the license to the shopping center, is not
108	considered as having an interest, directly or indirectly, in the
109	license. A performing arts center, as defined in s. 561.01,
110	that has an interest, directly or indirectly, in an alcoholic
111	beverage license is not required to obtain the division's
112	approval of its volunteer officers or directors or any change of
113	such positions or interests.
114	Section 3.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.