Bill Text: FL S1262 | 2023 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Issuance of Special Beverage Licenses

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2023-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 639 (Ch. 2023-65) [S1262 Detail]

Download: Florida-2023-S1262-Comm_Sub.html

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       Florida Senate - 2023                             CS for SB 1262
       
       
        
       By the Committee on Regulated Industries; and Senator Martin
       
       
       
       
       
       580-03525-23                                          20231262c1
    1                        A bill to be entitled                      
    2         An act relating to the issuance of special beverage
    3         licenses; amending s. 561.20, F.S.; revising
    4         requirements relating to the issuance of special food
    5         service licenses and certain club licenses; reenacting
    6         s. 565.045(1)(c), F.S., in a reference thereto;
    7         providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (a) of subsection (2) and paragraph
   12  (d) of subsection (7) of section 561.20, Florida Statutes, are
   13  amended to read:
   14         561.20 Limitation upon number of licenses issued.—
   15         (2)(a) The limitation of the number of licenses as provided
   16  in this section does not prohibit the issuance of a special
   17  license to:
   18         1. Any bona fide hotel, motel, or motor court of not fewer
   19  than 80 guest rooms in any county having a population of less
   20  than 50,000 residents, and of not fewer than 100 guest rooms in
   21  any county having a population of 50,000 residents or greater;
   22  or any bona fide hotel or motel located in a historic structure,
   23  as defined in s. 561.01(20), with fewer than 100 guest rooms
   24  which derives at least 51 percent of its gross revenue from the
   25  rental of hotel or motel rooms, which is licensed as a public
   26  lodging establishment by the Division of Hotels and Restaurants;
   27  provided, however, that a bona fide hotel or motel with no fewer
   28  than 10 and no more than 25 guest rooms which is a historic
   29  structure, as defined in s. 561.01(20), in a municipality that
   30  on the effective date of this act has a population, according to
   31  the University of Florida’s Bureau of Economic and Business
   32  Research Estimates of Population for 1998, of no fewer than
   33  25,000 and no more than 35,000 residents and that is within a
   34  constitutionally chartered county may be issued a special
   35  license. This special license shall allow the sale and
   36  consumption of alcoholic beverages only on the licensed premises
   37  of the hotel or motel. In addition, the hotel or motel must
   38  derive at least 60 percent of its gross revenue from the rental
   39  of hotel or motel rooms and the sale of food and nonalcoholic
   40  beverages; provided that this subparagraph shall supersede local
   41  laws requiring a greater number of hotel rooms;
   42         2. Any condominium accommodation of which no fewer than 100
   43  condominium units are wholly rentable to transients and which is
   44  licensed under chapter 509, except that the license shall be
   45  issued only to the person or corporation that operates the hotel
   46  or motel operation and not to the association of condominium
   47  owners;
   48         3. Any condominium accommodation of which no fewer than 50
   49  condominium units are wholly rentable to transients, which is
   50  licensed under chapter 509, and which is located in any county
   51  having home rule under s. 10 or s. 11, Art. VIII of the State
   52  Constitution of 1885, as amended, and incorporated by reference
   53  in s. 6(e), Art. VIII of the State Constitution, except that the
   54  license shall be issued only to the person or corporation that
   55  operates the hotel or motel operation and not to the association
   56  of condominium owners;
   57         4. A bona fide food service establishment that has a
   58  minimum of 2,000 2,500 square feet of service area, is equipped
   59  to serve meals to 120 150 persons at one time, has at least 120
   60  exclusively dedicated seats that are available for patrons to
   61  use during operating hours, holds itself out as a restaurant,
   62  and derives at least 51 percent of its gross food and beverage
   63  revenue from the sale of food and nonalcoholic beverages during
   64  the first 120-day operating period and the first 12-month
   65  operating period thereafter. Subsequent audit timeframes must be
   66  based upon the audit percentage established by the most recent
   67  audit and conducted on a staggered scale as follows: level 1, 51
   68  percent to 60 percent, every year; level 2, 61 percent to 75
   69  percent, every 2 years; level 3, 76 percent to 90 percent, every
   70  3 years; and level 4, 91 percent to 100 percent, every 4 years.
   71  A licensee under this subparagraph may sell or deliver alcoholic
   72  beverages in a sealed container for off-premises consumption if
   73  the sale or delivery is accompanied by the sale of food within
   74  the same order. Such authorized sale or delivery includes wine
   75  based and liquor-based beverages prepared by the licensee or its
   76  employee and packaged in a container sealed by the licensee or
   77  its employee. This subparagraph may not be construed to
   78  authorize public food service establishments licensed under this
   79  subparagraph to sell a bottle of distilled spirits sealed by a
   80  manufacturer. Any sale or delivery of malt beverages must comply
   81  with the container size, labeling, and filling requirements
   82  imposed under s. 563.06. Any delivery of an alcoholic beverage
   83  under this subparagraph must comply with s. 561.57. An alcoholic
   84  beverage drink prepared by the vendor and sold or delivered for
   85  consumption off the premises must be placed in a container
   86  securely sealed by the licensee or its employees with an
   87  unbroken seal that prevents the beverage from being immediately
   88  consumed before removal from the premises. Such alcoholic
   89  beverage also must be placed in a bag or other container that is
   90  secured in such a manner that it is visibly apparent if the
   91  container has been subsequently opened or tampered with, and a
   92  dated receipt for the alcoholic beverage and food must be
   93  provided by the licensee and attached to the bag or container.
   94  If transported in a motor vehicle, an alcoholic beverage that is
   95  not in a container sealed by the manufacturer must be placed in
   96  a locked compartment, a locked trunk, or the area behind the
   97  last upright seat of a motor vehicle. It is a violation of the
   98  prohibition in s. 562.11 to allow any person under the age of 21
   99  to deliver alcoholic beverages on behalf of a vendor. The vendor
  100  or the agent or employee of the vendor must verify the age of
  101  the person making the delivery of the alcoholic beverage before
  102  allowing any person to take possession of an alcoholic beverage
  103  for the purpose of making a delivery on behalf of a vendor under
  104  this section. A food service establishment granted a special
  105  license on or after January 1, 1958, pursuant to general or
  106  special law may not operate as a package store and may not sell
  107  intoxicating beverages under such license after the hours of
  108  serving or consumption of food have elapsed. Failure by a
  109  licensee to meet the required percentage of food and
  110  nonalcoholic beverage gross revenues during the covered
  111  operating period shall result in revocation of the license or
  112  denial of the pending license application. A licensee whose
  113  license is revoked or an applicant whose pending application is
  114  denied, or any person required to qualify on the special license
  115  application, is ineligible to have any interest in a subsequent
  116  application for such a license for a period of 120 days after
  117  the date of the final denial or revocation;
  118         5. Any caterer, deriving at least 51 percent of its gross
  119  food and beverage revenue from the sale of food and nonalcoholic
  120  beverages at each catered event, licensed by the Division of
  121  Hotels and Restaurants under chapter 509. This subparagraph does
  122  not apply to a culinary education program, as defined in s.
  123  381.0072(2), which is licensed as a public food service
  124  establishment by the Division of Hotels and Restaurants and
  125  provides catering services. Notwithstanding any law to the
  126  contrary, a licensee under this subparagraph shall sell or serve
  127  alcoholic beverages only for consumption on the premises of a
  128  catered event at which the licensee is also providing prepared
  129  food, and shall prominently display its license at any catered
  130  event at which the caterer is selling or serving alcoholic
  131  beverages. A licensee under this subparagraph shall purchase all
  132  alcoholic beverages it sells or serves at a catered event from a
  133  vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
  134  under s. 565.02(1) subject to the limitation imposed in
  135  subsection (1), as appropriate. A licensee under this
  136  subparagraph may not store any alcoholic beverages to be sold or
  137  served at a catered event. Any alcoholic beverages purchased by
  138  a licensee under this subparagraph for a catered event that are
  139  not used at that event must remain with the customer; provided
  140  that if the vendor accepts unopened alcoholic beverages, the
  141  licensee may return such alcoholic beverages to the vendor for a
  142  credit or reimbursement. Regardless of the county or counties in
  143  which the licensee operates, a licensee under this subparagraph
  144  shall pay the annual state license tax set forth in s.
  145  565.02(1)(b). A licensee under this subparagraph must maintain
  146  for a period of 3 years all records and receipts for each
  147  catered event, including all contracts, customers’ names, event
  148  locations, event dates, food purchases and sales, alcoholic
  149  beverage purchases and sales, nonalcoholic beverage purchases
  150  and sales, and any other records required by the department by
  151  rule to demonstrate compliance with the requirements of this
  152  subparagraph. Notwithstanding any law to the contrary, any
  153  vendor licensed under s. 565.02(1) subject to the limitation
  154  imposed in subsection (1), may, without any additional licensure
  155  under this subparagraph, serve or sell alcoholic beverages for
  156  consumption on the premises of a catered event at which prepared
  157  food is provided by a caterer licensed under chapter 509. If a
  158  licensee under this subparagraph also possesses any other
  159  license under the Beverage Law, the license issued under this
  160  subparagraph may not authorize the holder to conduct activities
  161  on the premises to which the other license or licenses apply
  162  that would otherwise be prohibited by the terms of that license
  163  or the Beverage Law. This section does not permit the licensee
  164  to conduct activities that are otherwise prohibited by the
  165  Beverage Law or local law. The Division of Alcoholic Beverages
  166  and Tobacco is hereby authorized to adopt rules to administer
  167  the license created in this subparagraph, to include rules
  168  governing licensure, recordkeeping, and enforcement. The first
  169  $300,000 in fees collected by the division each fiscal year
  170  pursuant to this subparagraph shall be deposited in the
  171  Department of Children and Families’ Operations and Maintenance
  172  Trust Fund to be used only for alcohol and drug abuse education,
  173  treatment, and prevention programs. The remainder of the fees
  174  collected shall be deposited into the Hotel and Restaurant Trust
  175  Fund created pursuant to s. 509.072; or
  176         6. A culinary education program as defined in s.
  177  381.0072(2) which is licensed as a public food service
  178  establishment by the Division of Hotels and Restaurants.
  179         a. This special license shall allow the sale and
  180  consumption of alcoholic beverages on the licensed premises of
  181  the culinary education program. The culinary education program
  182  shall specify designated areas in the facility where the
  183  alcoholic beverages may be consumed at the time of application.
  184  Alcoholic beverages sold for consumption on the premises may be
  185  consumed only in areas designated under s. 561.01(11) and may
  186  not be removed from the designated area. Such license shall be
  187  applicable only in and for designated areas used by the culinary
  188  education program.
  189         b. If the culinary education program provides catering
  190  services, this special license shall also allow the sale and
  191  consumption of alcoholic beverages on the premises of a catered
  192  event at which the licensee is also providing prepared food. A
  193  culinary education program that provides catering services is
  194  not required to derive at least 51 percent of its gross revenue
  195  from the sale of food and nonalcoholic beverages.
  196  Notwithstanding any law to the contrary, a licensee that
  197  provides catering services under this sub-subparagraph shall
  198  prominently display its beverage license at any catered event at
  199  which the caterer is selling or serving alcoholic beverages.
  200  Regardless of the county or counties in which the licensee
  201  operates, a licensee under this sub-subparagraph shall pay the
  202  annual state license tax set forth in s. 565.02(1)(b). A
  203  licensee under this sub-subparagraph must maintain for a period
  204  of 3 years all records required by the department by rule to
  205  demonstrate compliance with the requirements of this sub
  206  subparagraph.
  207         c. If a licensee under this subparagraph also possesses any
  208  other license under the Beverage Law, the license issued under
  209  this subparagraph does not authorize the holder to conduct
  210  activities on the premises to which the other license or
  211  licenses apply that would otherwise be prohibited by the terms
  212  of that license or the Beverage Law. This subparagraph does not
  213  permit the licensee to conduct activities that are otherwise
  214  prohibited by the Beverage Law or local law. Any culinary
  215  education program that holds a license to sell alcoholic
  216  beverages shall comply with the age requirements set forth in
  217  ss. 562.11(4), 562.111(2), and 562.13.
  218         d. The Division of Alcoholic Beverages and Tobacco may
  219  adopt rules to administer the license created in this
  220  subparagraph, to include rules governing licensure,
  221  recordkeeping, and enforcement.
  222         e. A license issued pursuant to this subparagraph does not
  223  permit the licensee to sell alcoholic beverages by the package
  224  for off-premises consumption.
  225  
  226  However, any license heretofore issued to any such hotel, motel,
  227  motor court, or restaurant or hereafter issued to any such
  228  hotel, motel, or motor court, including a condominium
  229  accommodation, under the general law may not be moved to a new
  230  location, such license being valid only on the premises of such
  231  hotel, motel, motor court, or restaurant. Licenses issued to
  232  hotels, motels, motor courts, or restaurants under the general
  233  law and held by such hotels, motels, motor courts, or
  234  restaurants on May 24, 1947, shall be counted in the quota
  235  limitation contained in subsection (1). Any license issued for
  236  any hotel, motel, or motor court under this law shall be issued
  237  only to the owner of the hotel, motel, or motor court or, in the
  238  event the hotel, motel, or motor court is leased, to the lessee
  239  of the hotel, motel, or motor court; and the license shall
  240  remain in the name of the owner or lessee so long as the license
  241  is in existence. Any special license now in existence heretofore
  242  issued under this law cannot be renewed except in the name of
  243  the owner of the hotel, motel, motor court, or restaurant or, in
  244  the event the hotel, motel, motor court, or restaurant is
  245  leased, in the name of the lessee of the hotel, motel, motor
  246  court, or restaurant in which the license is located and must
  247  remain in the name of the owner or lessee so long as the license
  248  is in existence. Any license issued under this section shall be
  249  marked “Special,” and nothing herein provided shall limit,
  250  restrict, or prevent the issuance of a special license for any
  251  restaurant or motel which shall hereafter meet the requirements
  252  of the law existing immediately before the effective date of
  253  this act, if construction of such restaurant has commenced
  254  before the effective date of this act and is completed within 30
  255  days thereafter, or if an application is on file for such
  256  special license at the time this act takes effect; and any such
  257  licenses issued under this proviso may be annually renewed as
  258  now provided by law. Nothing herein prevents an application for
  259  transfer of a license to a bona fide purchaser of any hotel,
  260  motel, motor court, or restaurant by the purchaser of such
  261  facility or the transfer of such license pursuant to law.
  262         (7)
  263         (d) Any corporation, partnership, or individual operating a
  264  club which owns or leases and which maintains any bona fide
  265  beach or cabana club consisting of beach facilities, swimming
  266  pool, locker rooms or bathroom with facilities for at least 100
  267  persons, and a public food service establishment as defined in
  268  s. 509.013(5) restaurant with seats at tables for at least 100
  269  persons, comprising in all an area of at least 5,000 square feet
  270  located on a contiguous tract of land of in excess of 1 acre may
  271  be issued a license under s. 565.02(4). The failure of such club
  272  to maintain the facilities shall be a ground for revocation of
  273  the license.
  274         Section 2. For the purpose of incorporating the amendment
  275  made by this act to section 561.20, Florida Statutes, in a
  276  reference thereto, paragraph (c) of subsection (1) of section
  277  565.045, Florida Statutes, is reenacted to read:
  278         565.045 Regulations for consumption on premises; penalty;
  279  exemptions.—
  280         (1) Vendors licensed under s. 565.02(1)(b)-(f):
  281         (c) May sell or deliver alcoholic beverages prepared by the
  282  licensee for off-premises consumption if the alcoholic beverage
  283  is in a container sealed by the licensee. All sales or
  284  deliveries of alcoholic beverages made pursuant to this
  285  paragraph must satisfy the following requirements:
  286         1. The vendor must be licensed as a public food service
  287  establishment under chapter 509;
  288         2. The sale or delivery must be accompanied by the sale of
  289  food within the same order;
  290         3. The charge for the sale of food and nonalcoholic
  291  beverages must be at least 40 percent of the total charge for
  292  the order, excluding the charge for any manufacturer-sealed
  293  containers of alcoholic beverages included in the order; and
  294         4. Sales and deliveries of the alcoholic beverages may not
  295  occur after the vendor ceases preparing food on the licensed
  296  premises for the day or after midnight, whichever is earlier.
  297  
  298  The requirement in subparagraph 3. does not apply to vendors
  299  licensed under s. 561.20(2)(a)4.
  300         Section 3. This act shall take effect July 1, 2023.