Bill Text: FL S0148 | 2021 | Regular Session | Comm Sub


Bill Title: Beverage Law

Spectrum: Bipartisan Bill

Status: (Introduced) 2021-02-18 - Now in Commerce and Tourism [S0148 Detail]

Download: Florida-2021-S0148-Comm_Sub.html
       Florida Senate - 2021                              CS for SB 148
       
       
        
       By the Committee on Regulated Industries; and Senator Bradley
       
       
       
       
       
       580-02162-21                                           2021148c1
    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 certain alcoholic
    5         beverages for off-premises consumption under certain
    6         circumstances; creating s. 561.575, F.S.; providing
    7         requirements for such establishments to sell alcoholic
    8         beverages for off-premises consumption; requiring that
    9         such alcoholic beverages be transported in a specified
   10         manner; providing construction; amending s. 316.1936,
   11         F.S.; specifying that certain alcoholic beverages sold
   12         by such establishments are not open containers for the
   13         purposes of the prohibition on possessing open
   14         containers of alcoholic beverages in vehicles;
   15         providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraph (a) of subsection (2) of section
   20  561.20, Florida Statutes, is amended to read:
   21         561.20 Limitation upon number of licenses issued.—
   22         (2)(a) The limitation of the number of licenses as provided
   23  in this section does not prohibit the issuance of a special
   24  license to:
   25         1. Any bona fide hotel, motel, or motor court of not fewer
   26  than 80 guest rooms in any county having a population of less
   27  than 50,000 residents, and of not fewer than 100 guest rooms in
   28  any county having a population of 50,000 residents or greater;
   29  or any bona fide hotel or motel located in a historic structure,
   30  as defined in s. 561.01(21), with fewer than 100 guest rooms
   31  which derives at least 51 percent of its gross revenue from the
   32  rental of hotel or motel rooms, which is licensed as a public
   33  lodging establishment by the Division of Hotels and Restaurants;
   34  provided, however, that a bona fide hotel or motel with no fewer
   35  than 10 and no more than 25 guest rooms which is a historic
   36  structure, as defined in s. 561.01(21), in a municipality that
   37  on the effective date of this act has a population, according to
   38  the University of Florida’s Bureau of Economic and Business
   39  Research Estimates of Population for 1998, of no fewer than
   40  25,000 and no more than 35,000 residents and that is within a
   41  constitutionally chartered county may be issued a special
   42  license. This special license shall allow the sale and
   43  consumption of alcoholic beverages only on the licensed premises
   44  of the hotel or motel. In addition, the hotel or motel must
   45  derive at least 60 percent of its gross revenue from the rental
   46  of hotel or motel rooms and the sale of food and nonalcoholic
   47  beverages; provided that this subparagraph shall supersede local
   48  laws requiring a greater number of hotel rooms;
   49         2. Any condominium accommodation of which no fewer than 100
   50  condominium units are wholly rentable to transients and which is
   51  licensed under chapter 509, except that the license shall be
   52  issued only to the person or corporation that operates the hotel
   53  or motel operation and not to the association of condominium
   54  owners;
   55         3. Any condominium accommodation of which no fewer than 50
   56  condominium units are wholly rentable to transients, which is
   57  licensed under chapter 509, and which is located in any county
   58  having home rule under s. 10 or s. 11, Art. VIII of the State
   59  Constitution of 1885, as amended, and incorporated by reference
   60  in s. 6(e), Art. VIII of the State Constitution, except that the
   61  license shall be issued only to the person or corporation that
   62  operates the hotel or motel operation and not to the association
   63  of condominium owners;
   64         4. A food service establishment that has 2,500 square feet
   65  of service area, is equipped to serve meals to 150 persons at
   66  one time, and derives at least 51 percent of its gross food and
   67  beverage revenue from the sale of food and nonalcoholic
   68  beverages during the first 60-day operating period and each 12
   69  month operating period thereafter. A licensee under this
   70  subparagraph may sell or deliver alcoholic beverages for off
   71  premises consumption pursuant to s. 561.575. A food service
   72  establishment granted a special license on or after January 1,
   73  1958, pursuant to general or special law may not operate as a
   74  package store except as provided in s. 561.575 and may not sell
   75  intoxicating beverages under such license after the hours of
   76  serving or consumption of food have elapsed. Failure by a
   77  licensee to meet the required percentage of food and
   78  nonalcoholic beverage gross revenues during the covered
   79  operating period shall result in revocation of the license or
   80  denial of the pending license application. A licensee whose
   81  license is revoked or an applicant whose pending application is
   82  denied, or any person required to qualify on the special license
   83  application, is ineligible to have any interest in a subsequent
   84  application for such a license for a period of 120 days after
   85  the date of the final denial or revocation;
   86         5. Any caterer, deriving at least 51 percent of its gross
   87  food and beverage revenue from the sale of food and nonalcoholic
   88  beverages at each catered event, licensed by the Division of
   89  Hotels and Restaurants under chapter 509. This subparagraph does
   90  not apply to a culinary education program, as defined in s.
   91  381.0072(2), which is licensed as a public food service
   92  establishment by the Division of Hotels and Restaurants and
   93  provides catering services. Notwithstanding any law to the
   94  contrary, a licensee under this subparagraph shall sell or serve
   95  alcoholic beverages only for consumption on the premises of a
   96  catered event at which the licensee is also providing prepared
   97  food, and shall prominently display its license at any catered
   98  event at which the caterer is selling or serving alcoholic
   99  beverages. A licensee under this subparagraph shall purchase all
  100  alcoholic beverages it sells or serves at a catered event from a
  101  vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
  102  under s. 565.02(1) subject to the limitation imposed in
  103  subsection (1), as appropriate. A licensee under this
  104  subparagraph may not store any alcoholic beverages to be sold or
  105  served at a catered event. Any alcoholic beverages purchased by
  106  a licensee under this subparagraph for a catered event that are
  107  not used at that event must remain with the customer; provided
  108  that if the vendor accepts unopened alcoholic beverages, the
  109  licensee may return such alcoholic beverages to the vendor for a
  110  credit or reimbursement. Regardless of the county or counties in
  111  which the licensee operates, a licensee under this subparagraph
  112  shall pay the annual state license tax set forth in s.
  113  565.02(1)(b). A licensee under this subparagraph must maintain
  114  for a period of 3 years all records and receipts for each
  115  catered event, including all contracts, customers’ names, event
  116  locations, event dates, food purchases and sales, alcoholic
  117  beverage purchases and sales, nonalcoholic beverage purchases
  118  and sales, and any other records required by the department by
  119  rule to demonstrate compliance with the requirements of this
  120  subparagraph. Notwithstanding any law to the contrary, any
  121  vendor licensed under s. 565.02(1) subject to the limitation
  122  imposed in subsection (1), may, without any additional licensure
  123  under this subparagraph, serve or sell alcoholic beverages for
  124  consumption on the premises of a catered event at which prepared
  125  food is provided by a caterer licensed under chapter 509. If a
  126  licensee under this subparagraph also possesses any other
  127  license under the Beverage Law, the license issued under this
  128  subparagraph shall not authorize the holder to conduct
  129  activities on the premises to which the other license or
  130  licenses apply that would otherwise be prohibited by the terms
  131  of that license or the Beverage Law. Nothing in this section
  132  shall permit the licensee to conduct activities that are
  133  otherwise prohibited by the Beverage Law or local law. The
  134  Division of Alcoholic Beverages and Tobacco is hereby authorized
  135  to adopt rules to administer the license created in this
  136  subparagraph, to include rules governing licensure,
  137  recordkeeping, and enforcement. The first $300,000 in fees
  138  collected by the division each fiscal year pursuant to this
  139  subparagraph shall be deposited in the Department of Children
  140  and Families’ Operations and Maintenance Trust Fund to be used
  141  only for alcohol and drug abuse education, treatment, and
  142  prevention programs. The remainder of the fees collected shall
  143  be deposited into the Hotel and Restaurant Trust Fund created
  144  pursuant to s. 509.072; or
  145         6. A culinary education program as defined in s.
  146  381.0072(2) which is licensed as a public food service
  147  establishment by the Division of Hotels and Restaurants.
  148         a. This special license shall allow the sale and
  149  consumption of alcoholic beverages on the licensed premises of
  150  the culinary education program. The culinary education program
  151  shall specify designated areas in the facility where the
  152  alcoholic beverages may be consumed at the time of application.
  153  Alcoholic beverages sold for consumption on the premises may be
  154  consumed only in areas designated pursuant to s. 561.01(11) and
  155  may not be removed from the designated area. Such license shall
  156  be applicable only in and for designated areas used by the
  157  culinary education program.
  158         b. If the culinary education program provides catering
  159  services, this special license shall also allow the sale and
  160  consumption of alcoholic beverages on the premises of a catered
  161  event at which the licensee is also providing prepared food. A
  162  culinary education program that provides catering services is
  163  not required to derive at least 51 percent of its gross revenue
  164  from the sale of food and nonalcoholic beverages.
  165  Notwithstanding any law to the contrary, a licensee that
  166  provides catering services under this sub-subparagraph shall
  167  prominently display its beverage license at any catered event at
  168  which the caterer is selling or serving alcoholic beverages.
  169  Regardless of the county or counties in which the licensee
  170  operates, a licensee under this sub-subparagraph shall pay the
  171  annual state license tax set forth in s. 565.02(1)(b). A
  172  licensee under this sub-subparagraph must maintain for a period
  173  of 3 years all records required by the department by rule to
  174  demonstrate compliance with the requirements of this sub
  175  subparagraph.
  176         c. If a licensee under this subparagraph also possesses any
  177  other license under the Beverage Law, the license issued under
  178  this subparagraph does not authorize the holder to conduct
  179  activities on the premises to which the other license or
  180  licenses apply that would otherwise be prohibited by the terms
  181  of that license or the Beverage Law. Nothing in this
  182  subparagraph shall permit the licensee to conduct activities
  183  that are otherwise prohibited by the Beverage Law or local law.
  184  Any culinary education program that holds a license to sell
  185  alcoholic beverages shall comply with the age requirements set
  186  forth in ss. 562.11(4), 562.111(2), and 562.13.
  187         d. The Division of Alcoholic Beverages and Tobacco may
  188  adopt rules to administer the license created in this
  189  subparagraph, to include rules governing licensure,
  190  recordkeeping, and enforcement.
  191         e. A license issued pursuant to this subparagraph does not
  192  permit the licensee to sell alcoholic beverages by the package
  193  for off-premises consumption.
  194  
  195  However, any license heretofore issued to any such hotel, motel,
  196  motor court, or restaurant or hereafter issued to any such
  197  hotel, motel, or motor court, including a condominium
  198  accommodation, under the general law shall not be moved to a new
  199  location, such license being valid only on the premises of such
  200  hotel, motel, motor court, or restaurant. Licenses issued to
  201  hotels, motels, motor courts, or restaurants under the general
  202  law and held by such hotels, motels, motor courts, or
  203  restaurants on May 24, 1947, shall be counted in the quota
  204  limitation contained in subsection (1). Any license issued for
  205  any hotel, motel, or motor court under this law shall be issued
  206  only to the owner of the hotel, motel, or motor court or, in the
  207  event the hotel, motel, or motor court is leased, to the lessee
  208  of the hotel, motel, or motor court; and the license shall
  209  remain in the name of the owner or lessee so long as the license
  210  is in existence. Any special license now in existence heretofore
  211  issued under this law cannot be renewed except in the name of
  212  the owner of the hotel, motel, motor court, or restaurant or, in
  213  the event the hotel, motel, motor court, or restaurant is
  214  leased, in the name of the lessee of the hotel, motel, motor
  215  court, or restaurant in which the license is located and must
  216  remain in the name of the owner or lessee so long as the license
  217  is in existence. Any license issued under this section shall be
  218  marked “Special,” and nothing herein provided shall limit,
  219  restrict, or prevent the issuance of a special license for any
  220  restaurant or motel which shall hereafter meet the requirements
  221  of the law existing immediately prior to the effective date of
  222  this act, if construction of such restaurant has commenced prior
  223  to the effective date of this act and is completed within 30
  224  days thereafter, or if an application is on file for such
  225  special license at the time this act takes effect; and any such
  226  licenses issued under this proviso may be annually renewed as
  227  now provided by law. Nothing herein prevents an application for
  228  transfer of a license to a bona fide purchaser of any hotel,
  229  motel, motor court, or restaurant by the purchaser of such
  230  facility or the transfer of such license pursuant to law.
  231         Section 2. Section 561.575, Florida Statutes, is created to
  232  read:
  233         561.575 Food service establishments; off-premises
  234  consumption of alcoholic beverages.
  235         (1)Notwithstanding any other law, a public food service
  236  establishment licensed under s. 561.20(2)(a)4. may sell
  237  manufacturer-sealed containers of wine, containers of malt
  238  beverages, or any alcoholic beverage drink prepared by the
  239  vendor, including any wine-based and liquor-based drinks, sold
  240  in containers sealed by the licensee or its employees for
  241  consumption off of the licensed premises if accompanied by the
  242  sale of food within the same order. The container for any
  243  alcoholic beverage sold or delivered for consumption off the
  244  premises pursuant to this section may not exceed 32 ounces. An
  245  alcoholic beverage drink prepared by the vendor and sold or
  246  delivered for consumption off the premises must be securely
  247  sealed by the licensee or its employees with an unbroken seal
  248  that prevents the beverage from being immediately consumed
  249  before removal from the premises. Such alcoholic beverage also
  250  must be placed in a bag or other container that is secured in
  251  such a manner that it is visibly apparent if the container has
  252  been subsequently opened or tampered with, and a dated receipt
  253  for the alcoholic beverage and meal must be provided by the
  254  licensee and attached to the sealed container. If transported in
  255  a motor vehicle, an alcoholic beverage that is not in a
  256  container sealed by the manufacturer must be placed in a locked
  257  compartment, a locked trunk, or the area behind the last upright
  258  seat of a motor vehicle.
  259         (2)Any sale or delivery of a malt beverage under this
  260  section must comply with the container size, labeling, and
  261  filling requirements under s. 563.06, except that such container
  262  may not exceed 32 ounces.
  263         (3)Any delivery of an alcoholic beverage under this
  264  section must comply with s. 561.57.
  265         (4)This section may not be construed to authorize public
  266  food service establishments licensed under s. 561.20(2)(a)4. to
  267  sell as package manufacturer-sealed containers of distilled
  268  spirits.
  269         Section 3. Subsection (9) of section 316.1936, Florida
  270  Statutes, is amended to read:
  271         316.1936 Possession of open containers of alcoholic
  272  beverages in vehicles prohibited; penalties.—
  273         (9) A bottle of wine that has been resealed and is
  274  transported pursuant to s. 564.09 or an alcoholic beverage that
  275  has been sealed by a licensee or the employee of a licensee and
  276  is transported pursuant to s. 561.575 is not an open container
  277  under the provisions of this section.
  278         Section 4. This act shall take effect July 1, 2021.

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