Bill Text: FL S0134 | 2021 | Regular Session | Introduced


Bill Title: Beverage Law

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2020-12-09 - Referred to Regulated Industries; Commerce and Tourism; Rules [S0134 Detail]

Download: Florida-2021-S0134-Introduced.html
       Florida Senate - 2021                                     SB 134
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00024A-21                                           2021134__
    1                        A bill to be entitled                      
    2         An act relating to the Beverage Law; amending s.
    3         561.20, F.S.; authorizing certain food service
    4         establishments to sell or deliver alcoholic beverages
    5         for off-premises consumption if specified requirements
    6         are met; amending s. 564.09, F.S.; revising provisions
    7         that authorize a restaurant to allow patrons to remove
    8         partially consumed bottles of wine from a restaurant
    9         for off-premises consumption; authorizing certain
   10         restaurants to sell or deliver wine in specified
   11         packages under certain circumstances; amending s.
   12         565.045, F.S.; revising requirements for the sale of
   13         alcoholic beverages by certain vendors; authorizing
   14         certain vendors to deliver specified alcoholic
   15         beverages and liquor under certain circumstances;
   16         reenacting ss. 316.1936(9) and 564.05, F.S., relating
   17         to the possession of open containers of alcoholic
   18         beverages in vehicles and the limitation of size of
   19         individual wine containers, respectively, to
   20         incorporate the amendments made to s. 564.09, F.S., in
   21         references thereto; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Paragraph (a) of subsection (2) of section
   26  561.20, Florida Statutes, is amended to read:
   27         561.20 Limitation upon number of licenses issued.—
   28         (2)(a) The limitation of the number of licenses as provided
   29  in this section does not prohibit the issuance of a special
   30  license to:
   31         1. Any bona fide hotel, motel, or motor court of not fewer
   32  than 80 guest rooms in any county having a population of less
   33  than 50,000 residents, and of not fewer than 100 guest rooms in
   34  any county having a population of 50,000 residents or greater;
   35  or any bona fide hotel or motel located in a historic structure,
   36  as defined in s. 561.01(21), with fewer than 100 guest rooms
   37  which derives at least 51 percent of its gross revenue from the
   38  rental of hotel or motel rooms, which is licensed as a public
   39  lodging establishment by the Division of Hotels and Restaurants;
   40  provided, however, that a bona fide hotel or motel with no fewer
   41  than 10 and no more than 25 guest rooms which is a historic
   42  structure, as defined in s. 561.01(21), in a municipality that
   43  on the effective date of this act has a population, according to
   44  the University of Florida’s Bureau of Economic and Business
   45  Research Estimates of Population for 1998, of no fewer than
   46  25,000 and no more than 35,000 residents and that is within a
   47  constitutionally chartered county may be issued a special
   48  license. This special license shall allow the sale and
   49  consumption of alcoholic beverages only on the licensed premises
   50  of the hotel or motel. In addition, the hotel or motel must
   51  derive at least 60 percent of its gross revenue from the rental
   52  of hotel or motel rooms and the sale of food and nonalcoholic
   53  beverages; provided that this subparagraph shall supersede local
   54  laws requiring a greater number of hotel rooms;
   55         2. Any condominium accommodation of which no fewer than 100
   56  condominium units are wholly rentable to transients and which is
   57  licensed under chapter 509, except that the license shall be
   58  issued only to the person or corporation that operates the hotel
   59  or motel operation and not to the association of condominium
   60  owners;
   61         3. Any condominium accommodation of which no fewer than 50
   62  condominium units are wholly rentable to transients, which is
   63  licensed under chapter 509, and which is located in any county
   64  having home rule under s. 10 or s. 11, Art. VIII of the State
   65  Constitution of 1885, as amended, and incorporated by reference
   66  in s. 6(e), Art. VIII of the State Constitution, except that the
   67  license shall be issued only to the person or corporation that
   68  operates the hotel or motel operation and not to the association
   69  of condominium owners;
   70         4. A food service establishment that has 2,500 square feet
   71  of service area, is equipped to serve meals to 150 persons at
   72  one time, and derives at least 51 percent of its gross food and
   73  beverage revenue from the sale of food and nonalcoholic
   74  beverages during the first 60-day operating period and each 12
   75  month operating period thereafter. A licensee under this
   76  subparagraph may sell or deliver alcoholic beverages by the
   77  package in a sealed container for off-premises consumption if
   78  the sale or delivery is accompanied by the sale of food within
   79  the same order. Such authorized sale or delivery includes wine
   80  based and liquor-based beverages prepared by the licensee and
   81  packaged in a container sealed by the licensee. Any sale or
   82  delivery of malt beverages must comply with the container size,
   83  labeling, and filling requirements imposed under s. 563.06. Any
   84  delivery of an alcoholic beverage under this subparagraph must
   85  comply with s. 561.57. A food service establishment granted a
   86  special license on or after January 1, 1958, pursuant to general
   87  or special law may not operate as a package store and may not
   88  sell intoxicating beverages under such license after the hours
   89  of serving or consumption of food have elapsed. Failure by a
   90  licensee to meet the required percentage of food and
   91  nonalcoholic beverage gross revenues during the covered
   92  operating period shall result in revocation of the license or
   93  denial of the pending license application. A licensee whose
   94  license is revoked or an applicant whose pending application is
   95  denied, or any person required to qualify on the special license
   96  application, is ineligible to have any interest in a subsequent
   97  application for such a license for a period of 120 days after
   98  the date of the final denial or revocation;
   99         5. Any caterer, deriving at least 51 percent of its gross
  100  food and beverage revenue from the sale of food and nonalcoholic
  101  beverages at each catered event, licensed by the Division of
  102  Hotels and Restaurants under chapter 509. This subparagraph does
  103  not apply to a culinary education program, as defined in s.
  104  381.0072(2), which is licensed as a public food service
  105  establishment by the Division of Hotels and Restaurants and
  106  provides catering services. Notwithstanding any law to the
  107  contrary, a licensee under this subparagraph shall sell or serve
  108  alcoholic beverages only for consumption on the premises of a
  109  catered event at which the licensee is also providing prepared
  110  food, and shall prominently display its license at any catered
  111  event at which the caterer is selling or serving alcoholic
  112  beverages. A licensee under this subparagraph shall purchase all
  113  alcoholic beverages it sells or serves at a catered event from a
  114  vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
  115  under s. 565.02(1) subject to the limitation imposed in
  116  subsection (1), as appropriate. A licensee under this
  117  subparagraph may not store any alcoholic beverages to be sold or
  118  served at a catered event. Any alcoholic beverages purchased by
  119  a licensee under this subparagraph for a catered event that are
  120  not used at that event must remain with the customer; provided
  121  that if the vendor accepts unopened alcoholic beverages, the
  122  licensee may return such alcoholic beverages to the vendor for a
  123  credit or reimbursement. Regardless of the county or counties in
  124  which the licensee operates, a licensee under this subparagraph
  125  shall pay the annual state license tax set forth in s.
  126  565.02(1)(b). A licensee under this subparagraph must maintain
  127  for a period of 3 years all records and receipts for each
  128  catered event, including all contracts, customers’ names, event
  129  locations, event dates, food purchases and sales, alcoholic
  130  beverage purchases and sales, nonalcoholic beverage purchases
  131  and sales, and any other records required by the department by
  132  rule to demonstrate compliance with the requirements of this
  133  subparagraph. Notwithstanding any law to the contrary, any
  134  vendor licensed under s. 565.02(1) subject to the limitation
  135  imposed in subsection (1), may, without any additional licensure
  136  under this subparagraph, serve or sell alcoholic beverages for
  137  consumption on the premises of a catered event at which prepared
  138  food is provided by a caterer licensed under chapter 509. If a
  139  licensee under this subparagraph also possesses any other
  140  license under the Beverage Law, the license issued under this
  141  subparagraph shall not authorize the holder to conduct
  142  activities on the premises to which the other license or
  143  licenses apply that would otherwise be prohibited by the terms
  144  of that license or the Beverage Law. Nothing in this section
  145  shall permit the licensee to conduct activities that are
  146  otherwise prohibited by the Beverage Law or local law. The
  147  Division of Alcoholic Beverages and Tobacco is hereby authorized
  148  to adopt rules to administer the license created in this
  149  subparagraph, to include rules governing licensure,
  150  recordkeeping, and enforcement. The first $300,000 in fees
  151  collected by the division each fiscal year pursuant to this
  152  subparagraph shall be deposited in the Department of Children
  153  and Families’ Operations and Maintenance Trust Fund to be used
  154  only for alcohol and drug abuse education, treatment, and
  155  prevention programs. The remainder of the fees collected shall
  156  be deposited into the Hotel and Restaurant Trust Fund created
  157  pursuant to s. 509.072; or
  158         6. A culinary education program as defined in s.
  159  381.0072(2) which is licensed as a public food service
  160  establishment by the Division of Hotels and Restaurants.
  161         a. This special license shall allow the sale and
  162  consumption of alcoholic beverages on the licensed premises of
  163  the culinary education program. The culinary education program
  164  shall specify designated areas in the facility where the
  165  alcoholic beverages may be consumed at the time of application.
  166  Alcoholic beverages sold for consumption on the premises may be
  167  consumed only in areas designated pursuant to s. 561.01(11) and
  168  may not be removed from the designated area. Such license shall
  169  be applicable only in and for designated areas used by the
  170  culinary education program.
  171         b. If the culinary education program provides catering
  172  services, this special license shall also allow the sale and
  173  consumption of alcoholic beverages on the premises of a catered
  174  event at which the licensee is also providing prepared food. A
  175  culinary education program that provides catering services is
  176  not required to derive at least 51 percent of its gross revenue
  177  from the sale of food and nonalcoholic beverages.
  178  Notwithstanding any law to the contrary, a licensee that
  179  provides catering services under this sub-subparagraph shall
  180  prominently display its beverage license at any catered event at
  181  which the caterer is selling or serving alcoholic beverages.
  182  Regardless of the county or counties in which the licensee
  183  operates, a licensee under this sub-subparagraph shall pay the
  184  annual state license tax set forth in s. 565.02(1)(b). A
  185  licensee under this sub-subparagraph must maintain for a period
  186  of 3 years all records required by the department by rule to
  187  demonstrate compliance with the requirements of this sub
  188  subparagraph.
  189         c. If a licensee under this subparagraph also possesses any
  190  other license under the Beverage Law, the license issued under
  191  this subparagraph does not authorize the holder to conduct
  192  activities on the premises to which the other license or
  193  licenses apply that would otherwise be prohibited by the terms
  194  of that license or the Beverage Law. Nothing in this
  195  subparagraph shall permit the licensee to conduct activities
  196  that are otherwise prohibited by the Beverage Law or local law.
  197  Any culinary education program that holds a license to sell
  198  alcoholic beverages shall comply with the age requirements set
  199  forth in ss. 562.11(4), 562.111(2), and 562.13.
  200         d. The Division of Alcoholic Beverages and Tobacco may
  201  adopt rules to administer the license created in this
  202  subparagraph, to include rules governing licensure,
  203  recordkeeping, and enforcement.
  204         e. A license issued pursuant to this subparagraph does not
  205  permit the licensee to sell alcoholic beverages by the package
  206  for off-premises consumption.
  207  
  208  However, any license heretofore issued to any such hotel, motel,
  209  motor court, or restaurant or hereafter issued to any such
  210  hotel, motel, or motor court, including a condominium
  211  accommodation, under the general law shall not be moved to a new
  212  location, such license being valid only on the premises of such
  213  hotel, motel, motor court, or restaurant. Licenses issued to
  214  hotels, motels, motor courts, or restaurants under the general
  215  law and held by such hotels, motels, motor courts, or
  216  restaurants on May 24, 1947, shall be counted in the quota
  217  limitation contained in subsection (1). Any license issued for
  218  any hotel, motel, or motor court under this law shall be issued
  219  only to the owner of the hotel, motel, or motor court or, in the
  220  event the hotel, motel, or motor court is leased, to the lessee
  221  of the hotel, motel, or motor court; and the license shall
  222  remain in the name of the owner or lessee so long as the license
  223  is in existence. Any special license now in existence heretofore
  224  issued under this law cannot be renewed except in the name of
  225  the owner of the hotel, motel, motor court, or restaurant or, in
  226  the event the hotel, motel, motor court, or restaurant is
  227  leased, in the name of the lessee of the hotel, motel, motor
  228  court, or restaurant in which the license is located and must
  229  remain in the name of the owner or lessee so long as the license
  230  is in existence. Any license issued under this section shall be
  231  marked “Special,” and nothing herein provided shall limit,
  232  restrict, or prevent the issuance of a special license for any
  233  restaurant or motel which shall hereafter meet the requirements
  234  of the law existing immediately prior to the effective date of
  235  this act, if construction of such restaurant has commenced prior
  236  to the effective date of this act and is completed within 30
  237  days thereafter, or if an application is on file for such
  238  special license at the time this act takes effect; and any such
  239  licenses issued under this proviso may be annually renewed as
  240  now provided by law. Nothing herein prevents an application for
  241  transfer of a license to a bona fide purchaser of any hotel,
  242  motel, motor court, or restaurant by the purchaser of such
  243  facility or the transfer of such license pursuant to law.
  244         Section 2. Section 564.09, Florida Statutes, is amended to
  245  read:
  246         564.09 Restaurants; off-premises consumption of wine.—
  247         (1) Notwithstanding any other provision of law, a
  248  restaurant licensed to sell wine on the premises may permit a
  249  patron to remove one unsealed bottle of wine for consumption off
  250  the premises if the patron has purchased a full course meal
  251  consisting of a salad or vegetable, entree, a beverage, and
  252  bread and consumed a portion of the bottle of wine with such
  253  meal on the restaurant premises. A partially consumed bottle of
  254  wine that is to be removed from the premises must be securely
  255  resealed by the licensee or its employees before removal from
  256  the premises. The partially consumed bottle of wine shall be
  257  placed in a bag or other container that is secured in such a
  258  manner that it is visibly apparent if the container has been
  259  subsequently opened or tampered with, and a dated receipt for
  260  the bottle of wine and full course meal shall be provided by the
  261  licensee and attached to the container. If transported in a
  262  motor vehicle, the container with the resealed bottle of wine
  263  must be placed in a locked glove compartment, a locked trunk, or
  264  the area behind the last upright seat of a motor vehicle that is
  265  not equipped with a trunk.
  266         (2)Notwithstanding any other provision of law, a
  267  restaurant licensed to sell wine for consumption on the premises
  268  may sell or deliver a manufacturer-sealed bottle of wine, or an
  269  individual serving of wine or wine-based beverage prepared by
  270  the licensee, for off-premises consumption if the wine is
  271  delivered in a container sealed by the licensee and the sale or
  272  delivery is accompanied by the purchase of a meal within the
  273  same order. Any delivery made under this subsection must comply
  274  with s. 561.57.
  275         Section 3. Subsection (1) of section 565.045, Florida
  276  Statutes, is amended to read:
  277         565.045 Regulations for consumption on premises; penalty;
  278  exemptions.—
  279         (1) Vendors licensed under s. 565.02(1)(b)-(f):
  280         (a) Shall provide seats for the use of their customers;
  281         (b). Such vendors May sell or deliver alcoholic beverages
  282  by the drink or in manufacturer-sealed sealed containers for
  283  consumption on or off the premises where sold; and
  284         (c)May sell or deliver an individual serving of liquor or
  285  a liquor-based beverage prepared by the licensee for off
  286  premises consumption if the liquor or liquor-based beverage is
  287  in a container sealed by the licensee.
  288  
  289  All sales or deliveries of alcoholic beverages made under
  290  paragraph (c) for off-premises consumption must be accompanied
  291  by the sale of food within the same order.
  292         Section 4. For the purpose of incorporating the amendment
  293  made by this act to section 564.09, Florida Statutes, in a
  294  reference thereto, subsection (9) of section 316.1936, Florida
  295  Statutes, is reenacted to read:
  296         316.1936 Possession of open containers of alcoholic
  297  beverages in vehicles prohibited; penalties.—
  298         (9) A bottle of wine that has been resealed and is
  299  transported pursuant to s. 564.09 is not an open container under
  300  the provisions of this section.
  301         Section 5. For the purpose of incorporating the amendment
  302  made by this act to section 564.09, Florida Statutes, in a
  303  reference thereto, section 564.05, Florida Statutes, is
  304  reenacted to read:
  305         564.05 Limitation of size of individual wine containers;
  306  penalty.—It is unlawful for a person to sell within this state
  307  wine in an individual container holding more than 1 gallon of
  308  such wine, unless such wine is in a reusable container holding
  309  5.16 gallons. However, qualified distributors and manufacturers
  310  may sell wine to other qualified distributors or manufacturers
  311  in any size container. Except as provided in s. 564.09, wine
  312  sold or offered for sale by a licensed vendor to be consumed off
  313  the premises shall be in the unopened original container. A
  314  person convicted of a violation of this section commits a
  315  misdemeanor of the second degree, punishable as provided in s.
  316  775.082 or s. 775.083.
  317         Section 6. This act shall take effect July 1, 2021.

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