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, in
   24  an active manner in which the licensed premises must be are open
   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, regardless
   29  of the date the license was originally issued. Every licensee
   30  must notify the division in writing of any period during which
   31  his or her license is inactive and place the physical license
   32  with the division to be held in an inactive status. The division
   33  may waive or extend the requirement of this section upon the
   34  finding of hardship, including the purchase of the license in
   35  order to transfer it to a newly constructed or remodeled
   36  location. However, during such closed period, the licensee shall
   37  make reasonable efforts toward restoring the license to active
   38  status. This paragraph shall apply to all annual license periods
   39  commencing on or after July 1, 1981, but shall not apply to
   40  licenses issued after September 30, 1988.
   41         2.(i)For licenses issued Failure of any licensee issued a
   42  new or transfer license after September 30, 1988, the licensed
   43  premises must be under s. 561.20(1) to maintain the licensed
   44  premises in an active manner in which the licensed premises are
   45  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 this act that for purposes of
   51  compliance with this paragraph 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 the
   82  licensee, give a written waiver of this requirement for a period
   83  not to exceed 12 months in cases where the licensee demonstrates
   84  that
   85         f. The licensed premises has been physically destroyed
   86  through no fault of the licensee;, when
   87         g. The licensee has suffered an incapacitating illness or
   88  injury which is likely to be prolonged;, or when
   89         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 to
   98  this subsection may be continued upon subsequent written request
   99  showing that substantial progress has been made toward restoring
  100  the licensed premises to a condition suitable for the resumption
  101  of sales or toward allowing for a court having jurisdiction over
  102  the premises to release said jurisdiction, or that an
  103  incapacitating illness or injury continues to exist. However, in
  104  no event may the waivers necessitated by any one occurrence
  105  cumulatively total more than 24 months. Every licensee shall
  106  notify the division in writing of any period during which his or
  107  her license is inactive and place the physical license with the
  108  division 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  after of written 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.

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