Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 698
       
       
       
       
       
       
                                Ì598330ÊÎ598330                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .                                
             02/23/2016 11:32 AM       .                                
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       Senator Bradley moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 133 - 183
    4  and insert:
    5  division to be held in an inactive status. The division may
    6  waive or extend the requirement of this section upon the finding
    7  of hardship, including the purchase of the license in order to
    8  transfer it to a newly constructed or remodeled location.
    9  However, during such closed period, the licensee shall make
   10  reasonable efforts toward restoring the license to active
   11  status. This paragraph applies shall apply to all annual license
   12  periods commencing on or after July 1, 1981, but does shall not
   13  apply to licenses issued after September 30, 1988. The division
   14  shall, upon written request of the licensee, grant a one-time
   15  written waiver or extension of the requirements of this
   16  paragraph for a period not to exceed 12 months. Additionally,
   17  the division may, upon written request of the licensee, grant a
   18  second waiver or extension of the requirements of this paragraph
   19  for a period not to exceed 12 months if the licensee
   20  demonstrates that:
   21         1. The licensed premises has been physically damaged to
   22  such an extent that active operation of the business at the
   23  premises is impracticable;
   24         2. Construction or remodeling is underway to relocate the
   25  license to another location;
   26         3. The licensed premises has been prohibited from making
   27  sales as the result of any order of any court of competent
   28  jurisdiction, or any action or inaction of a local governmental
   29  entity relating to the permitting, construction, or occupational
   30  capacity of the physical location of the licensed premises.
   31         (i) Failure of any licensee issued a new or transfer
   32  license after September 30, 1988, under s. 561.20(1) to maintain
   33  the licensed premises in an active manner in which the licensed
   34  premises are open for business to the public for the bona fide
   35  retail sale of authorized alcoholic beverages during regular and
   36  reasonable business hours for at least 8 hours a day for a
   37  period of 210 days or more during any 12-month period commencing
   38  6 months after the acquisition of the license by the licensee.
   39  It is the intent of this act that for purposes of compliance
   40  with this paragraph, a licensee shall operate the licensed
   41  premises in a manner so as to maximize sales and tax revenues
   42  thereon; this includes maintaining a reasonable inventory of
   43  merchandise, including authorized alcoholic beverages, and the
   44  use of good business practices to achieve the intent of this
   45  law. Any attempt by a licensee to circumvent the intent of this
   46  law shall be grounds for revocation or suspension of the
   47  alcoholic beverage license. The division may, upon written
   48  request of the licensee, give a written waiver of this
   49  requirement for a period not to exceed 12 months in cases where
   50  the licensee demonstrates that the licensed premises has been
   51  physically destroyed through no fault of the licensee, when the
   52  licensee has suffered an incapacitating illness or injury which
   53  is likely to be prolonged, or when the licensed premises has
   54  been prohibited from making sales as a result of any action of
   55  any court of competent jurisdiction. Any waiver given pursuant
   56  to this subsection may be continued upon subsequent written
   57  request showing that substantial progress has been made toward
   58  restoring the licensed premises to a condition suitable for the
   59  resumption of sales or toward allowing for a court having
   60  jurisdiction over the premises to release said jurisdiction, or
   61  that an incapacitating illness or injury continues to exist.
   62  However, in no event may the waivers necessitated by any one
   63  occurrence cumulatively total more than 24 months. Every A
   64  licensee shall notify the division in writing of any period
   65  during which his or her license is inactive and place the
   66  physical license with the division to be held in an inactive
   67  status. For the purpose of calculating compliance with the
   68  requirements of this paragraph, a license that is acquired in a
   69  transaction that is not an arm’s length transaction, including
   70  transfers from relatives, affiliates, subsidiaries, and other
   71  related entities, retains and is subject to the first related
   72  transferor’s date of acquisition and related periods of
   73  operation. The division shall, upon written request of the
   74  licensee, grant a one-time written waiver or extension of the
   75  requirements of this paragraph for a period not to exceed 12
   76  months. Additionally, the division may, upon written request of
   77  the licensee, grant a second waiver or extension of the
   78  requirements of this paragraph for a period not to exceed 12
   79  months if the licensee demonstrates that:
   80         1. The licensed premises has been physically damaged to
   81  such an extent that active operation of the business at the
   82  premises is impracticable;
   83         2. Construction or remodeling is underway to relocate the
   84  license to another location;
   85         3. The licensed premises has been prohibited from making
   86  sales as the result of any order of any court of competent
   87  jurisdiction, or any action or inaction of a local governmental
   88  entity relating to the permitting, construction, or occupational
   89  capacity of the physical location of the licensed premises.
   90  
   91  ================= T I T L E  A M E N D M E N T ================
   92  And the title is amended as follows:
   93         Delete lines 11 - 17
   94  and insert:
   95         561.29, F.S.; requiring the division to grant a one
   96         time written waiver or extension of certain
   97         requirements to specified licensees; revising the
   98         circumstances under which a licensee may seek and the
   99         division may grant a second waiver or extension of the
  100         requirements; creating s. 561.4205, F.S.;