Bill Text: FL S0400 | 2017 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Alcoholic Beverages
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2017-04-27 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 689 (Ch. 2017-137) [S0400 Detail]
Download: Florida-2017-S0400-Introduced.html
Bill Title: Alcoholic Beverages
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2017-04-27 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 689 (Ch. 2017-137) [S0400 Detail]
Download: Florida-2017-S0400-Introduced.html
Florida Senate - 2017 SB 400
By Senator Grimsley
26-00504A-17 2017400__
1 A bill to be entitled
2 An act relating to alcoholic beverages; amending s.
3 561.11, F.S.; authorizing the Division of Alcoholic
4 Beverages and Tobacco of the Department of Business
5 and Professional Regulation to appoint division
6 personnel; requiring specified personnel to have
7 Selected Exempt Service status; amending s. 561.17,
8 F.S.; revising the entities that may issue a
9 certificate indicating an alcoholic beverage license
10 applicant’s place of business meets all of the
11 sanitary requirements of the state; amending s.
12 561.20, F.S.; revising who may be issued a special
13 license in counties otherwise subject to limits on the
14 number of licenses issued; revising the requirements
15 for retaining certain business records; amending s.
16 561.331, F.S.; requiring certain temporary beverage
17 licenses to be issued by the district supervisor of a
18 district without assessing additional fees or taxes;
19 amending s. 565.03, F.S.; specifying the state license
20 tax for craft distilleries; providing an effective
21 date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Subsection (2) of section 561.11, Florida
26 Statutes, is amended to read:
27 561.11 Power and authority of division.—
28 (2) The division shall have full power and authority to
29 provide for the continuous training, appointment, and upgrading
30 of all division personnel in their respective positions with the
31 division. Notwithstanding any other law, chiefs, assistant
32 chiefs, regional managers, including majors, and district or
33 office managers, including captains, shall have Selected Exempt
34 Service status in the state personnel designation. The This
35 training shall include the attendance of division personnel at
36 workshops, seminars, or special schools established by the
37 division or other organizations when attendance at such
38 educational programs shall in the opinion of the division be
39 deemed appropriate to the particular position that which the
40 employee holds.
41 Section 2. Subsection (2) of section 561.17, Florida
42 Statutes, is amended to read:
43 561.17 License and registration applications; approved
44 person.—
45 (2) All applications for alcoholic beverage licenses for
46 consumption on the premises shall be accompanied by a
47 certificate of the Division of Hotels and Restaurants of the
48 Department of Business and Professional Regulation or the
49 Department of Agriculture and Consumer Services or the
50 Department of Health or the Agency for Health Care
51 Administration or the county health department that the place of
52 business wherein the business is to be conducted meets all of
53 the sanitary requirements of the state.
54 Section 3. Paragraph (a) of subsection (2) of section
55 561.20, Florida Statutes, is amended to read:
56 561.20 Limitation upon number of licenses issued.—
57 (2)(a) The limitation of the number of licenses as provided
58 in this section does not prohibit the issuance of a special
59 license to:
60 1. Any bona fide hotel, motel, or motor court of not fewer
61 than 80 guest rooms in any county having a population of less
62 than 50,000 residents, and of not fewer than 100 guest rooms in
63 any county having a population of 50,000 residents or greater;
64 or any bona fide hotel or motel located in a historic structure,
65 as defined in s. 561.01(21), with fewer than 100 guest rooms
66 which derives at least 51 percent of its gross revenue from the
67 rental of hotel or motel rooms, which is licensed as a public
68 lodging establishment by the Division of Hotels and Restaurants;
69 provided, however, that a bona fide hotel or motel with no fewer
70 than 10 and no more than 25 guest rooms which is a historic
71 structure, as defined in s. 561.01(21), in a municipality that
72 on the effective date of this act has a population, according to
73 the University of Florida’s Bureau of Economic and Business
74 Research Estimates of Population for 1998, of no fewer than
75 25,000 and no more than 35,000 residents and that is within a
76 constitutionally chartered county may be issued a special
77 license. This special license shall allow the sale and
78 consumption of alcoholic beverages only on the licensed premises
79 of the hotel or motel. In addition, the hotel or motel must
80 derive at least 60 percent of its gross revenue from the rental
81 of hotel or motel rooms and the sale of food and nonalcoholic
82 beverages; provided that the provisions of this subparagraph
83 shall supersede local laws requiring a greater number of hotel
84 rooms;
85 2. Any condominium accommodation of which no fewer than 100
86 condominium units are wholly rentable to transients and which is
87 licensed under the provisions of chapter 509, except that the
88 license shall be issued only to the person or corporation which
89 operates the hotel or motel operation and not to the association
90 of condominium owners;
91 3. Any condominium accommodation of which no fewer than 50
92 condominium units are wholly rentable to transients, which is
93 licensed under the provisions of chapter 509, and which is
94 located in any county having home rule under s. 10 or s. 11,
95 Art. VIII of the State Constitution of 1885, as amended, and
96 incorporated by reference in s. 6(e), Art. VIII of the State
97 Constitution, except that the license shall be issued only to
98 the person or corporation that which operates the hotel or motel
99 operation and not to the association of condominium owners;
100 4. A food service establishment that has 1,800 2,500 square
101 feet of service area, is equipped to serve meals to 100 150
102 persons at one time, and derives at least 51 percent of its
103 gross food and beverage revenue from the sale of food and
104 nonalcoholic beverages during the first 60-day operating period
105 and each 12-month operating period thereafter. A food service
106 establishment granted a special license on or after January 1,
107 1958, pursuant to general or special law may not operate as a
108 package store and may not sell intoxicating beverages under such
109 license after the hours of serving or consumption of food have
110 elapsed. Failure by a licensee to meet the required percentage
111 of food and nonalcoholic beverage gross revenues during the
112 covered operating period shall result in revocation of the
113 license or denial of the pending license application. A licensee
114 whose license is revoked or an applicant whose pending
115 application is denied, or any person required to qualify on the
116 special license application, is ineligible to have any interest
117 in a subsequent application for such a license for a period of
118 120 days after the date of the final denial or revocation;
119 5. Any caterer, deriving at least 51 percent of its gross
120 food and beverage revenue from the sale of food and nonalcoholic
121 beverages, licensed by the Division of Hotels and Restaurants
122 under chapter 509. This subparagraph does not apply to a
123 culinary education program, as defined in s. 381.0072(2), which
124 is licensed as a public food service establishment by the
125 Division of Hotels and Restaurants and provides catering
126 services. Notwithstanding any other provision of law to the
127 contrary, a licensee under this subparagraph shall sell or serve
128 alcoholic beverages only for consumption on the premises of a
129 catered event at which the licensee is also providing prepared
130 food, and shall prominently display its license at any catered
131 event at which the caterer is selling or serving alcoholic
132 beverages. The caterer must ensure that each catered event meets
133 the 51 percent food and nonalcoholic beverage requirement. A
134 licensee under this subparagraph shall purchase all alcoholic
135 beverages it sells or serves at a catered event from a vendor
136 licensed under s. 563.02(1), s. 564.02(1), or licensed under s.
137 565.02(1) subject to the limitation imposed in subsection (1),
138 as appropriate. A licensee under this subparagraph may not store
139 any alcoholic beverages to be sold or served at a catered event.
140 Any alcoholic beverages purchased by a licensee under this
141 subparagraph for a catered event that are not used at that event
142 must remain with the customer; provided that if the vendor
143 accepts unopened alcoholic beverages, the licensee may return
144 such alcoholic beverages to the vendor for a credit or
145 reimbursement. Regardless of the county or counties in which the
146 licensee operates, a licensee under this subparagraph shall pay
147 the annual state license tax set forth in s. 565.02(1)(b). A
148 licensee under this subparagraph must maintain for a period of 3
149 years all records and receipts for each catered event, including
150 all contracts, customers’ names, locations, dates, food
151 purchases and sales, alcoholic beverage purchases and sales,
152 nonalcoholic beverage purchases and sales, and any other records
153 required by the department by rule to demonstrate compliance
154 with the requirements of this subparagraph, including licensed
155 vendor receipts for the purchase of alcoholic beverages and
156 records identifying each customer and the location and date of
157 each catered event. Notwithstanding any provision of law to the
158 contrary, any vendor licensed under s. 565.02(1) subject to the
159 limitation imposed in subsection (1), may, without any
160 additional licensure under this subparagraph, serve or sell
161 alcoholic beverages for consumption on the premises of a catered
162 event at which prepared food is provided by a caterer licensed
163 under chapter 509. If a licensee under this subparagraph also
164 possesses any other license under the Beverage Law, the license
165 issued under this subparagraph shall not authorize the holder to
166 conduct activities on the premises to which the other license or
167 licenses apply that would otherwise be prohibited by the terms
168 of that license or the Beverage Law. Nothing in this section
169 shall permit the licensee to conduct activities that are
170 otherwise prohibited by the Beverage Law or local law. The
171 Division of Alcoholic Beverages and Tobacco is hereby authorized
172 to adopt rules to administer the license created in this
173 subparagraph, to include rules governing licensure,
174 recordkeeping, and enforcement. The first $300,000 in fees
175 collected by the division each fiscal year pursuant to this
176 subparagraph shall be deposited in the Department of Children
177 and Families’ Operations and Maintenance Trust Fund to be used
178 only for alcohol and drug abuse education, treatment, and
179 prevention programs. The remainder of the fees collected shall
180 be deposited into the Hotel and Restaurant Trust Fund created
181 pursuant to s. 509.072; or
182 6. A culinary education program as defined in s.
183 381.0072(2) which is licensed as a public food service
184 establishment by the Division of Hotels and Restaurants.
185 a. This special license shall allow the sale and
186 consumption of alcoholic beverages on the licensed premises of
187 the culinary education program. The culinary education program
188 shall specify designated areas in the facility where the
189 alcoholic beverages may be consumed at the time of application.
190 Alcoholic beverages sold for consumption on the premises may be
191 consumed only in areas designated pursuant to s. 561.01(11) and
192 may not be removed from the designated area. Such license shall
193 be applicable only in and for designated areas used by the
194 culinary education program.
195 b. If the culinary education program provides catering
196 services, this special license shall also allow the sale and
197 consumption of alcoholic beverages on the premises of a catered
198 event at which the licensee is also providing prepared food. A
199 culinary education program that provides catering services is
200 not required to derive at least 51 percent of its gross revenue
201 from the sale of food and nonalcoholic beverages.
202 Notwithstanding any other provision of law to the contrary, a
203 licensee that provides catering services under this sub
204 subparagraph shall prominently display its beverage license at
205 any catered event at which the caterer is selling or serving
206 alcoholic beverages. Regardless of the county or counties in
207 which the licensee operates, a licensee under this sub
208 subparagraph shall pay the annual state license tax set forth in
209 s. 565.02(1)(b). A licensee under this sub-subparagraph must
210 maintain for a period of 3 years all records required by the
211 department by rule to demonstrate compliance with the
212 requirements of this sub-subparagraph.
213 c. If a licensee under this subparagraph also possesses any
214 other license under the Beverage Law, the license issued under
215 this subparagraph does not authorize the holder to conduct
216 activities on the premises to which the other license or
217 licenses apply that would otherwise be prohibited by the terms
218 of that license or the Beverage Law. Nothing in this
219 subparagraph shall permit the licensee to conduct activities
220 that are otherwise prohibited by the Beverage Law or local law.
221 Any culinary education program that holds a license to sell
222 alcoholic beverages shall comply with the age requirements set
223 forth in ss. 562.11(4), 562.111(2), and 562.13.
224 d. The Division of Alcoholic Beverages and Tobacco may
225 adopt rules to administer the license created in this
226 subparagraph, to include rules governing licensure,
227 recordkeeping, and enforcement.
228 e. A license issued pursuant to this subparagraph does not
229 permit the licensee to sell alcoholic beverages by the package
230 for off-premises consumption.
231
232 However, any license heretofore issued to any such hotel, motel,
233 motor court, or restaurant or hereafter issued to any such
234 hotel, motel, or motor court, including a condominium
235 accommodation, under the general law shall not be moved to a new
236 location, such license being valid only on the premises of such
237 hotel, motel, motor court, or restaurant. Licenses issued to
238 hotels, motels, motor courts, or restaurants under the general
239 law and held by such hotels, motels, motor courts, or
240 restaurants on May 24, 1947, shall be counted in the quota
241 limitation contained in subsection (1). Any license issued for
242 any hotel, motel, or motor court under the provisions of this
243 law shall be issued only to the owner of the hotel, motel, or
244 motor court or, in the event the hotel, motel, or motor court is
245 leased, to the lessee of the hotel, motel, or motor court; and
246 the license shall remain in the name of the owner or lessee so
247 long as the license is in existence. Any special license now in
248 existence heretofore issued under the provisions of this law
249 cannot be renewed except in the name of the owner of the hotel,
250 motel, motor court, or restaurant or, in the event the hotel,
251 motel, motor court, or restaurant is leased, in the name of the
252 lessee of the hotel, motel, motor court, or restaurant in which
253 the license is located and must remain in the name of the owner
254 or lessee so long as the license is in existence. Any license
255 issued under this section shall be marked “Special,” and nothing
256 herein provided shall limit, restrict, or prevent the issuance
257 of a special license for any restaurant or motel which shall
258 hereafter meet the requirements of the law existing immediately
259 prior to the effective date of this act, if construction of such
260 restaurant has commenced prior to the effective date of this act
261 and is completed within 30 days thereafter, or if an application
262 is on file for such special license at the time this act takes
263 effect; and any such licenses issued under this proviso may be
264 annually renewed as now provided by law. Nothing herein prevents
265 an application for transfer of a license to a bona fide
266 purchaser of any hotel, motel, motor court, or restaurant by the
267 purchaser of such facility or the transfer of such license
268 pursuant to law.
269 Section 4. Subsections (1) and (3) of section 561.331,
270 Florida Statutes, are amended to read:
271 561.331 Temporary license upon application for transfer,
272 change of location, or change of type or series.—
273 (1) Upon the filing of a properly completed application for
274 transfer pursuant to s. 561.32, which application does not on
275 its face disclose any reason for denying an alcoholic beverage
276 license, by any purchaser of a business that which possesses a
277 beverage license of any type or series, the purchaser of such
278 business and the applicant for transfer are entitled as a matter
279 of right to receive a temporary beverage license of the same
280 type and series as that held by the seller of such business. The
281 temporary license will be valid for all purposes under the
282 Beverage Law until the application is denied or until 14 days
283 after the application is approved. Such temporary beverage
284 license shall be issued by the district supervisor of the
285 district in which the application for transfer is made without
286 the assessment of any additional fee or tax upon the payment of
287 a fee of $100. A purchaser operating under the provisions of
288 this subsection is subject to the same rights, privileges,
289 duties, and limitations of a beverage licensee as are provided
290 by law, except that purchases of alcoholic beverages during the
291 term of such temporary license shall be for cash only. However,
292 such cash-only restriction does not apply if the entity holding
293 a temporary license pursuant to this section purchases alcoholic
294 beverages as part of a single-transaction cooperative purchase
295 placed by a pool buying agent or if such entity is also the
296 holder of a state beverage license authorizing the purchase of
297 the same type of alcoholic beverages as authorized under the
298 temporary license.
299 (3) Upon the filing of a properly completed application to
300 change the type or series of a beverage license by any qualified
301 licensee having a beverage license of any type or series, which
302 application does not on its face disclose any reason for denying
303 an alcoholic beverage license, the licensee is entitled as a
304 matter of right to receive a temporary beverage license of the
305 type or series applied for, which temporary license is valid for
306 all purposes under the Beverage Law until the application is
307 denied or until 14 days after the application is approved. Such
308 temporary license shall be issued by the district supervisor of
309 the district in which the application for change of type or
310 series is made. If the department issues a notice of intent to
311 deny the license application for failure of the applicant to
312 disclose the information required by s. 561.15(2) or (4), the
313 temporary license for transfer, change of location, or change of
314 type of series expires and shall not be extended during any
315 proceeding for administrative or judicial review pursuant to
316 chapter 120. Such temporary license shall be issued by the
317 district supervisor of the district in which the application for
318 change of location is made without the assessment of any
319 additional fee or tax If the fee for the type or series or
320 license applied for is greater than the fee for the license then
321 held by the applicant, the applicant for such temporary license
322 must pay a fee in the amount of $100 or one-fourth of the
323 difference between the fees, whichever amount is greater. A fee
324 is not required for an application for a temporary license of a
325 type or series for which the fee is the same as or less than the
326 fee for the license then held by the applicant. The holder of a
327 temporary license under this subsection is subject to the same
328 rights, privileges, duties, and limitations of a beverage
329 licensee as are provided by law.
330 Section 5. Paragraph (a) of subsection (2) of section
331 565.03, Florida Statutes, is amended to read:
332 565.03 License fees; manufacturers, distributors, brokers,
333 sales agents, and importers of alcoholic beverages; vendor
334 licenses and fees; craft distilleries.—
335 (2)(a) A distillery authorized to do business under the
336 Beverage Law shall pay an annual state license tax for each
337 plant or branch operating in the state, as follows:
338 1. If engaged in the business of manufacturing distilled
339 spirits, not including craft distilleries, a state license tax
340 of $4,000.
341 2. If engaged in the business of manufacturing distilled
342 spirits as a craft distillery, a state license tax of $1,000.
343 3.2. If engaged in the business of rectifying and blending
344 spirituous liquors and nothing else, a state license tax of
345 $4,000.
346 Section 6. This act shall take effect July 1, 2017.
