Bill Text: FL S0106 | 2017 | Regular Session | Enrolled
Bill Title: Vendors Licensed Under the Beverage Law
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Vetoed) 2017-06-07 - Veto Message referred to Rules [S0106 Detail]
Download: Florida-2017-S0106-Enrolled.html
ENROLLED 2017 Legislature CS for CS for SB 106 2017106er 1 2 An act relating to vendors licensed under the Beverage 3 Law; amending s. 562.13, F.S.; revising applicability 4 to specify circumstances under which persons under the 5 age of 18 years who are employed in specified 6 businesses are excluded from certain employment 7 prohibitions; providing that failure to comply with a 8 restriction on monthly revenue from the sale of 9 alcoholic beverages is unlawful if a minor is employed 10 during a month that the restriction is exceeded; 11 amending s. 565.04, F.S.; limiting the package store 12 restrictions to vendors located within a certain 13 distance of a school; providing an exception for 14 current licenses with some restrictions; providing 15 applicability; providing an expiration date; providing 16 a restriction on the sale of distilled spirits below 17 the specified container sizes; prohibiting the 18 issuance of a package store license for specified 19 locations or businesses; providing an exception; 20 providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Paragraph (c) of subsection (2) of section 25 562.13, Florida Statutes, is amended to read: 26 562.13 Employment of minors or certain other persons by 27 certain vendors prohibited; exceptions.— 28 (2) This section shall not apply to: 29 (c) Persons under the age of 18 years who are employed in a 30 retail drugstoredrugstores, grocery storestores, department 31 storestores, florist shopflorists, specialty gift shopshops, 32 or automobile service station whose license fees are specified 33 in s. 563.02(1), s. 564.02(1), or s. 565.02(1)(a), if such 34 vendor derives 30 percent or less of its monthly gross revenue 35 from sales of alcoholic beverages. This exception applies only 36 if the minor employees are supervised by a person 18 years of 37 age or older who verifies that any purchaser of alcoholic 38 beverages is 21 years of age or older and who approves the sale 39 of alcoholic beverages to such purchaser. Failure to comply with 40 the restriction on monthly revenue from the sale of alcoholic 41 beverages is unlawful if a person under the age of 18 years is 42 employed in the licensed premises during a month that the 43 restriction is exceededstations which have obtained licenses to44sell beer or beer and wine, when such sales are made for45consumption off the premises. 46 47 However, a minor to whom this subsection otherwise applies may 48 not be employed if the employment, whether as a professional 49 entertainer or otherwise, involves nudity, as defined in s. 50 847.001, on the part of the minor and such nudity is intended as 51 a form of adult entertainment. 52 Section 2. Subsection (1) of section 565.04, Florida 53 Statutes, is amended, present subsection (2) of that section is 54 redesignated as subsection (5), and a new subsection (2) and 55 subsections (3) and (4) are added to that section, to read: 56 565.04 Package store restrictions.— 57 (1)(a) The division may not issue a license under s. 58 565.02(1)(a) for any location or business located within 1,000 59 feet of a public or private elementary school, middle school, or 60 secondary school. 61 (b) Notwithstanding paragraph (a), a vendorvendors62 licensed under s. 565.02(1)(a) on or before June 30, 2017, for a 63 licensed premises located within 1,000 feet of a public or 64 private elementary school, middle school, or secondary school, 65 may maintain and renew the beverage license for that premises 66 but mayshallnot in said place of business sell, offer, or 67 expose for sale any merchandise other than such beverages, and 68 such placeplacesof business shall be devoted exclusively to 69 such sales; provided, however, that such vendorvendorsshall be 70 permitted to sell bitters, grenadine, nonalcoholic mixer-type 71 beverages (not to include fruit juices produced outside this 72 state), fruit juices produced in this state, home bar, and party 73 supplies and equipment (including but not limited to glassware 74 and party-type foods), miniatures of no alcoholic content, and 75 tobacco products. Such places of business shall have no openings 76 permitting direct access to any other building or room, except 77 to a private office or storage room of the place of business 78 from which patrons are excluded. 79 (2)(a) A vendor licensed under s. 565.02(1)(a) may not in 80 such place of business sell, offer, or expose for sale any 81 merchandise other than such beverages, and such place of 82 business shall be devoted exclusively to such sales; however, 83 such vendor may sell bitters, grenadine, nonalcoholic mixer-type 84 beverages (not to include fruit juices produced outside this 85 state), fruit juices produced in this state, home bar, party 86 supplies and equipment (including, but not limited to, glassware 87 and party-type foods), miniatures of no alcoholic content, and 88 tobacco products. Such place of business may not have openings 89 permitting direct access to any other building or room, except 90 to a private office or storage room of the place of business 91 from which patrons are excluded. 92 (b) Paragraph (a) does not apply to a vendor: 93 1. After July 1, 2018: 94 a. At the vendor’s place of business if the vendor has only 95 one place of business. 96 b. At 25 percent of the vendor’s places of business if the 97 vendor has an interest, directly or indirectly, in more than one 98 place of business; 99 2. After July 1, 2019, at two of the vendor’s places of 100 business, or, if the vendor has an interest, directly or 101 indirectly, in two or more places of business, 50 percent of the 102 vendor’s places of business; and 103 3. After July 1, 2020, at three of the vendor’s places of 104 business, or, if the vendor has an interest in three or more 105 places of business, 75 percent of the vendor’s places of 106 business. 107 108 If the percentage of the vendor’s places of business results in 109 a fraction of 0.50 or more, the number of the vendor’s places of 110 business at which paragraph (a) does not apply shall be 111 increased to the next greater whole number. A vendor licensed 112 under s. 565.02(1)(a) must notify the Division of Alcoholic 113 Beverages and Tobacco, in writing, of the places of business to 114 which paragraph (a) will not apply. 115 (c) This subsection expires June 30, 2021. 116 (3)(a) A vendor licensed under s. 565.02(1)(a) may not in 117 such place of business sell, offer, or expose for sale distilled 118 spirits in containers of 200 milliliters or less or 6.8 ounces 119 or less except from a restricted area where access is restricted 120 to the vendor or employees of such vendor. 121 (b) Paragraph (a) does not apply to a vendor’s place of 122 business if such place of business is devoted exclusively to the 123 sale of alcoholic beverages; however, such vendor at such place 124 of business may sell bitters, grenadine, nonalcoholic mixer-type 125 beverages (not to include fruit juices produced outside this 126 state), fruit juices produced in this state, home bar, party 127 supplies and equipment (including, but not limited to, glassware 128 and party-type foods), miniatures of no alcoholic content, and 129 tobacco products. Such place of business may not have openings 130 permitting direct access to any other building or room, except 131 to a private office or storage room of the place of business 132 from which patrons are excluded. 133 (4) The division may not issue a license under s. 134 565.02(1)(a) for any location or business that includes a 135 gasoline service station or a motor fuel retail outlet, as 136 defined in s. 526.303(14), unless the location of the premises 137 consists of a minimum of 10,000 square feet of retail space for 138 the general public. 139 Section 3. This act shall take effect July 1, 2017.