Florida Senate - 2012 SB 1154
By Senator Bennett
21-01114-12 20121154__
1 A bill to be entitled
2 An act relating to the Beverage Law; amending s.
3 561.29, F.S.; revising the grounds for revocation or
4 suspension of licenses relating to failure to maintain
5 the licensed premises as required; revising
6 requirements with respect to inactive licenses;
7 providing requirements for extension of the time to
8 reactivate an inactive license; providing an effective
9 date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraphs (h) through (k) of subsection (1) of
14 section 561.29, Florida Statutes, are amended to read:
15 561.29 Revocation and suspension of license; power to
16 subpoena.—
17 (1) The division is given full power and authority to
18 revoke or suspend the license of any person holding a license
19 under the Beverage Law, when it is determined or found by the
20 division upon sufficient cause appearing of:
21 (h) Failure by the holder of any license under s. 561.20(1)
22 to maintain the licensed premises as provided in this paragraph:
23 1. For licenses issued on or before September 30, 1988, in
24 an active manner in which the licensed premises must be are open
25 for the bona fide sale of authorized alcoholic beverages during
26 regular business hours of at least 6 hours a day for a period of
27 120 days or more during any 12-month period commencing 18 months
28 after the acquisition of the license by the licensee, regardless
29 of the date the license was originally issued. Every licensee
30 must notify the division in writing of any period during which
31 his or her license is inactive and place the physical license
32 with the division to be held in an inactive status. The division
33 may waive or extend the requirement of this section upon the
34 finding of hardship, including the purchase of the license in
35 order to transfer it to a newly constructed or remodeled
36 location. However, during such closed period, the licensee shall
37 make reasonable efforts toward restoring the license to active
38 status. This paragraph shall apply to all annual license periods
39 commencing on or after July 1, 1981, but shall not apply to
40 licenses issued after September 30, 1988.
41 2.(i) For licenses issued Failure of any licensee issued a
42 new or transfer license after September 30, 1988, the licensed
43 premises must be under s. 561.20(1) to maintain the licensed
44 premises in an active manner in which the licensed premises are
45 open for business to the public for the bona fide retail sale of
46 authorized alcoholic beverages during regular and reasonable
47 business hours for at least 8 hours a day for a period of 210
48 days or more during any 12-month period commencing 6 months
49 after the acquisition of the license by the licensee.
50 3. It is the intent of this act that for purposes of
51 compliance with this paragraph that, a licensee shall operate
52 the licensed premises in a manner so as to maximize sales and
53 tax revenues thereon; this includes maintaining a reasonable
54 inventory of merchandise, including authorized alcoholic
55 beverages, and the use of good business practices to achieve the
56 intent of this law. Any attempt by a licensee to circumvent the
57 intent of this law shall be grounds for revocation or suspension
58 of the alcoholic beverage license.
59 4. A licensee must, within 45 days after his or her license
60 becomes inactive, notify the division in writing that the
61 license is inactive and place the physical license with the
62 division to be held in an inactive status. To reactivate the
63 license, the licensee must apply to the division for
64 reactivation within 12 months after the license is placed in
65 inactive status.
66 5. The division shall grant an extension to a licensee who
67 requests that his or her license remain inactive for longer than
68 12 months and can demonstrate to the division that:
69 a. The value of the license is less than the licensee’s
70 original cost of the license;
71 b. The licensee is actively attempting to sell the license,
72 as evidenced by a formal written agreement with a broker or by
73 regular advertisement in a periodical of general circulation or
74 an industry publication;
75 c. Corporate approval, if applicable, is pending for
76 activation of the license at a new location;
77 d. Activation is pending a governmental approval of a new
78 site pursuant to special exception, zoning, variance,
79 environmental approval, or comprehensive plan amendment;
80 e. Negotiation of a lease or purchase of a building or land
81 is pending; The division may, upon written request of the
82 licensee, give a written waiver of this requirement for a period
83 not to exceed 12 months in cases where the licensee demonstrates
84 that
85 f. The licensed premises has been physically destroyed
86 through no fault of the licensee;, when
87 g. The licensee has suffered an incapacitating illness or
88 injury which is likely to be prolonged;, or when
89 h. The licensed premises has been prohibited from making
90 sales as a result of any action of any court of competent
91 jurisdiction.
92
93 An extension granted pursuant to this subparagraph shall be
94 continued upon subsequent written request showing that the
95 conditions for the extension continue through no fault of the
96 licensee, and, if applicable, substantial progress has been made
97 toward correcting the conditions. Any waiver given pursuant to
98 this subsection may be continued upon subsequent written request
99 showing that substantial progress has been made toward restoring
100 the licensed premises to a condition suitable for the resumption
101 of sales or toward allowing for a court having jurisdiction over
102 the premises to release said jurisdiction, or that an
103 incapacitating illness or injury continues to exist. However, in
104 no event may the waivers necessitated by any one occurrence
105 cumulatively total more than 24 months. Every licensee shall
106 notify the division in writing of any period during which his or
107 her license is inactive and place the physical license with the
108 division to be held in an inactive status.
109 (i)(j) Failure of any licensee issued a license under s.
110 561.20(1) to maintain records of all monthly sales and all
111 monthly purchases of alcoholic beverages and to produce such
112 records for inspection by any division employee within 10 days
113 after of written request therefor.
114 (j)(k) Failure by the holder of any license issued under
115 the Beverage Law to comply with a stipulation, consent order, or
116 final order.
117 Section 2. This act shall take effect upon becoming a law.