Bill Text: FL S1154 | 2012 | Regular Session | Introduced
Bill Title: Beverage Law
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-09 - Died in Regulated Industries [S1154 Detail]
Download: Florida-2012-S1154-Introduced.html
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,in24an active manner in whichthe licensed premises must beareopen 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, regardless29of the date the license was originally issued.Every licensee30must notify the division in writing of any period during which31his or her license is inactive and place the physical license32with the division to be held in an inactive status. The division33may waive or extend the requirement of this section upon the34finding of hardship, including the purchase of the license in35order to transfer it to a newly constructed or remodeled36location. However, during such closed period, the licensee shall37make reasonable efforts toward restoring the license to active38status. This paragraph shall apply to all annual license periods39commencing on or after July 1, 1981, but shall not apply to40licenses issued after September 30, 1988.41 2.(i)For licenses issuedFailure of any licensee issued a42new or transfer licenseafter September 30, 1988, the licensed 43 premises must beunder s.561.20(1) to maintain the licensed44premises in an active manner in which the licensed premises are45 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 thisact that for purposes of51compliance with thisparagraph 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 the82licensee, give a written waiver of this requirement for a period83not to exceed 12 months in cases where the licensee demonstrates84that85 f. The licensed premises has been physically destroyed 86 through no fault of the licensee;, when87 g. The licensee has suffered an incapacitating illness or 88 injury which is likely to be prolonged;,orwhen89 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 to98this subsection may be continued upon subsequent written request99showing that substantial progress has been made toward restoring100the licensed premises to a condition suitable for the resumption101of sales or toward allowing for a court having jurisdiction over102the premises to release said jurisdiction, or that an103incapacitating illness or injury continues to exist. However, in104no event may the waivers necessitated by any one occurrence105cumulatively total more than 24 months. Every licensee shall106notify the division in writing of any period during which his or107her license is inactive and place the physical license with the108division 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 afterofwritten 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.