CS for CS for SB 698                             First Engrossed
       
       
       
       
       
       
       
       
       2016698e1
       
    1                        A bill to be entitled                      
    2         An act relating to alcoholic beverages and tobacco;
    3         amending s. 210.13, F.S.; revising applicability to
    4         include other persons who may be subject to a
    5         determination of tax on failure to file and return;
    6         amending s. 218.32, F.S.; requiring local governmental
    7         entities to include revenues derived from the use of
    8         temporary alcoholic beverage permits in annual
    9         financial reports; amending s. 561.01, F.S.; defining
   10         the term “railroad transit station”; amending s.
   11         561.20, F.S.; providing that a license must be revoked
   12         or a pending application must be denied under certain
   13         circumstances; providing that certain licensees or
   14         applicants are not eligible to have an interest in a
   15         subsequent license under certain circumstances for a
   16         specified timeframe; amending s. 561.29, F.S.;
   17         requiring the division to grant a one-time written
   18         waiver or extension of certain requirements to
   19         specified licensees; revising the circumstances under
   20         which a licensee may seek and the division may grant a
   21         waiver or extension of the requirements; creating s.
   22         561.4205, F.S.; requiring an alcoholic beverage
   23         distributor to charge a deposit for certain alcoholic
   24         beverage sales; providing an inventory and
   25         reconciliation process as an accounting alternative
   26         for specified vendors; providing an inventory and
   27         reconciliation process for malt beverage kegs;
   28         amending s. 561.422, F.S.; authorizing the division to
   29         issue temporary permits to municipalities and counties
   30         to sell alcoholic beverages for consumption on the
   31         premises of an event; authorizing the director of the
   32         division to issue more than three permits per calendar
   33         year under certain circumstances; providing conditions
   34         for such permits; requiring certain municipalities and
   35         counties to properly store and secure unconsumed
   36         alcoholic beverages; amending s. 563.06, F.S.;
   37         revising requirements for certain vendors to be
   38         authorized to fill or refill a growler; amending s.
   39         565.02, F.S.; authorizing vendors in railroad transit
   40         stations to obtain licenses to keep and sell alcoholic
   41         beverages; prohibiting a municipality or county from
   42         requiring an additional license or levying a tax to
   43         sell certain beverages; revising the locations where
   44         certain beverages may be sold; providing liquor bottle
   45         size restrictions for railroad transit stations;
   46         prohibiting the transfer of certain licenses;
   47         requiring operators of railroads and sleeping cars to
   48         keep separate certain alcoholic beverages; amending s.
   49         565.04, F.S.; authorizing a licensed distributor to
   50         transport alcoholic beverages through certain premises
   51         under specified circumstances; providing an effective
   52         date.
   53          
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Section 210.13, Florida Statutes, is amended to
   57  read:
   58         210.13 Determination of tax on failure to file a return.—If
   59  a dealer or other person required to remit the tax under this
   60  part fails to file any return required under this part, or
   61  having filed an incorrect or insufficient return, fails to file
   62  a correct or sufficient return, as the case may require, within
   63  10 days after the giving of notice to the dealer by the Division
   64  of Alcoholic Beverages and Tobacco that such return or corrected
   65  or sufficient return is required, the division shall determine
   66  the amount of tax due by such dealer any time within 3 years
   67  after the making of the earliest sale included in such
   68  determination and give written notice of such determination to
   69  such dealer. Such a determination shall finally and irrevocably
   70  fix the tax unless the dealer against whom it is assessed shall,
   71  within 30 days after the giving of notice of such determination,
   72  apply to the division for a hearing. Judicial review shall not
   73  be granted unless the amount of tax stated in the decision, with
   74  penalties thereon, if any, shall have been first deposited with
   75  the division, and an undertaking or bond filed in the court in
   76  which such cause may be pending in such amount and with such
   77  sureties as the court shall approve, conditioned that if such
   78  proceeding be dismissed or the decision of the division
   79  confirmed, the applicant for review will pay all costs and
   80  charges which may accrue against the applicant in the
   81  prosecution of the proceeding. At the option of the applicant,
   82  such undertaking or bond may be in an additional sum sufficient
   83  to cover the tax, penalties, costs, and charges aforesaid, in
   84  which event the applicant shall not be required to pay such tax
   85  and penalties precedent to the granting of such review by such
   86  court.
   87         Section 2. Paragraph (a) of subsection (1) of section
   88  218.32, Florida Statutes, is amended to read:
   89         218.32 Annual financial reports; local governmental
   90  entities.—
   91         (1)(a) Each local governmental entity that is determined to
   92  be a reporting entity, as defined by generally accepted
   93  accounting principles, and each independent special district as
   94  defined in s. 189.012, shall submit to the department a copy of
   95  its annual financial report for the previous fiscal year in a
   96  format prescribed by the department. The annual financial report
   97  must include a list of each local governmental entity included
   98  in the report and each local governmental entity that failed to
   99  provide financial information as required by paragraph (b). The
  100  annual financial report must also include all revenues derived
  101  from the use of temporary permits obtained by a reporting entity
  102  pursuant to s. 561.422. The chair of the governing body and the
  103  chief financial officer of each local governmental entity shall
  104  sign the annual financial report submitted pursuant to this
  105  subsection attesting to the accuracy of the information included
  106  in the report. The county annual financial report must be a
  107  single document that covers each county agency.
  108         Section 3. Subsection (22) is added to section 561.01,
  109  Florida Statutes, to read:
  110         561.01 Definitions.—As used in the Beverage Law:
  111         (22) “Railroad transit station” means a platform or a
  112  terminal facility where passenger trains operating on a guided
  113  rail system according to a fixed schedule between two or more
  114  cities regularly stop to load and unload passengers or goods.
  115  The term includes a passenger waiting lounge and dining, retail,
  116  entertainment, or recreational facilities within the licensed
  117  premises owned or leased by the railroad operator or owner.
  118         Section 4. Paragraph (a) of subsection (2) of section
  119  561.20, Florida Statutes, is amended to read:
  120         561.20 Limitation upon number of licenses issued.—
  121         (2)(a) The No such limitation of the number of licenses as
  122  herein provided in this section does not shall henceforth
  123  prohibit the issuance of a special license to:
  124         1. Any bona fide hotel, motel, or motor court of not fewer
  125  than 80 guest rooms in any county having a population of less
  126  than 50,000 residents, and of not fewer than 100 guest rooms in
  127  any county having a population of 50,000 residents or greater;
  128  or any bona fide hotel or motel located in a historic structure,
  129  as defined in s. 561.01(21), with fewer than 100 guest rooms
  130  which derives at least 51 percent of its gross revenue from the
  131  rental of hotel or motel rooms, which is licensed as a public
  132  lodging establishment by the Division of Hotels and Restaurants;
  133  provided, however, that a bona fide hotel or motel with no fewer
  134  than 10 and no more than 25 guest rooms which is a historic
  135  structure, as defined in s. 561.01(21), in a municipality that
  136  on the effective date of this act has a population, according to
  137  the University of Florida’s Bureau of Economic and Business
  138  Research Estimates of Population for 1998, of no fewer than
  139  25,000 and no more than 35,000 residents and that is within a
  140  constitutionally chartered county may be issued a special
  141  license. This special license shall allow the sale and
  142  consumption of alcoholic beverages only on the licensed premises
  143  of the hotel or motel. In addition, the hotel or motel must
  144  derive at least 60 percent of its gross revenue from the rental
  145  of hotel or motel rooms and the sale of food and nonalcoholic
  146  beverages; provided that the provisions of this subparagraph
  147  shall supersede local laws requiring a greater number of hotel
  148  rooms;
  149         2. Any condominium accommodation of which no fewer than 100
  150  condominium units are wholly rentable to transients and which is
  151  licensed under the provisions of chapter 509, except that the
  152  license shall be issued only to the person or corporation which
  153  operates the hotel or motel operation and not to the association
  154  of condominium owners;
  155         3. Any condominium accommodation of which no fewer than 50
  156  condominium units are wholly rentable to transients, which is
  157  licensed under the provisions of chapter 509, and which is
  158  located in any county having home rule under s. 10 or s. 11,
  159  Art. VIII of the State Constitution of 1885, as amended, and
  160  incorporated by reference in s. 6(e), Art. VIII of the State
  161  Constitution, except that the license shall be issued only to
  162  the person or corporation which operates the hotel or motel
  163  operation and not to the association of condominium owners;
  164         4. Any food service establishment that has restaurant
  165  having 2,500 square feet of service area, is and equipped to
  166  serve meals to 150 persons full course meals at tables at one
  167  time, and that derives deriving at least 51 percent of its gross
  168  food and beverage revenue from the sale of food and nonalcoholic
  169  beverages during the first 60-day operating period and each 12
  170  month operating period thereafter.; However, A food service
  171  establishment no restaurant granted a special license on or
  172  after January 1, 1958, pursuant to general or special law may
  173  not shall operate as a package store and may not sell, nor shall
  174  intoxicating beverages be sold under such license after the
  175  hours of serving or consumption of food have elapsed. Failure by
  176  a licensee to meet the required percentage of food and
  177  nonalcoholic beverage gross revenues during the covered
  178  operating period shall result in revocation of the license or
  179  denial of the pending license application. A licensee whose
  180  license is revoked or an applicant whose pending application is
  181  denied, or any person required to qualify on the special license
  182  application, is ineligible to have any interest in a subsequent
  183  application for such a license for a period of 120 days after
  184  the date of the final denial or revocation; or
  185         5. Any caterer, deriving at least 51 percent of its gross
  186  revenue from the sale of food and nonalcoholic beverages,
  187  licensed by the Division of Hotels and Restaurants under chapter
  188  509. Notwithstanding any other provision of law to the contrary,
  189  a licensee under this subparagraph shall sell or serve alcoholic
  190  beverages only for consumption on the premises of a catered
  191  event at which the licensee is also providing prepared food, and
  192  shall prominently display its license at any catered event at
  193  which the caterer is selling or serving alcoholic beverages. A
  194  licensee under this subparagraph shall purchase all alcoholic
  195  beverages it sells or serves at a catered event from a vendor
  196  licensed under s. 563.02(1), s. 564.02(1), or licensed under s.
  197  565.02(1) subject to the limitation imposed in subsection (1),
  198  as appropriate. A licensee under this subparagraph may not store
  199  any alcoholic beverages to be sold or served at a catered event.
  200  Any alcoholic beverages purchased by a licensee under this
  201  subparagraph for a catered event that are not used at that event
  202  must remain with the customer; provided that if the vendor
  203  accepts unopened alcoholic beverages, the licensee may return
  204  such alcoholic beverages to the vendor for a credit or
  205  reimbursement. Regardless of the county or counties in which the
  206  licensee operates, a licensee under this subparagraph shall pay
  207  the annual state license tax set forth in s. 565.02(1)(b). A
  208  licensee under this subparagraph must maintain for a period of 3
  209  years all records required by the department by rule to
  210  demonstrate compliance with the requirements of this
  211  subparagraph, including licensed vendor receipts for the
  212  purchase of alcoholic beverages and records identifying each
  213  customer and the location and date of each catered event.
  214  Notwithstanding any provision of law to the contrary, any vendor
  215  licensed under s. 565.02(1) subject to the limitation imposed in
  216  subsection (1), may, without any additional licensure under this
  217  subparagraph, serve or sell alcoholic beverages for consumption
  218  on the premises of a catered event at which prepared food is
  219  provided by a caterer licensed under chapter 509. If a licensee
  220  under this subparagraph also possesses any other license under
  221  the Beverage Law, the license issued under this subparagraph
  222  shall not authorize the holder to conduct activities on the
  223  premises to which the other license or licenses apply that would
  224  otherwise be prohibited by the terms of that license or the
  225  Beverage Law. Nothing in this section shall permit the licensee
  226  to conduct activities that are otherwise prohibited by the
  227  Beverage Law or local law. The Division of Alcoholic Beverages
  228  and Tobacco is hereby authorized to adopt rules to administer
  229  the license created in this subparagraph, to include rules
  230  governing licensure, recordkeeping, and enforcement. The first
  231  $300,000 in fees collected by the division each fiscal year
  232  pursuant to this subparagraph shall be deposited in the
  233  Department of Children and Families’ Operations and Maintenance
  234  Trust Fund to be used only for alcohol and drug abuse education,
  235  treatment, and prevention programs. The remainder of the fees
  236  collected shall be deposited into the Hotel and Restaurant Trust
  237  Fund created pursuant to s. 509.072.
  238  
  239  However, any license heretofore issued to any such hotel, motel,
  240  motor court, or restaurant or hereafter issued to any such
  241  hotel, motel, or motor court, including a condominium
  242  accommodation, under the general law shall not be moved to a new
  243  location, such license being valid only on the premises of such
  244  hotel, motel, motor court, or restaurant. Licenses issued to
  245  hotels, motels, motor courts, or restaurants under the general
  246  law and held by such hotels, motels, motor courts, or
  247  restaurants on May 24, 1947, shall be counted in the quota
  248  limitation contained in subsection (1). Any license issued for
  249  any hotel, motel, or motor court under the provisions of this
  250  law shall be issued only to the owner of the hotel, motel, or
  251  motor court or, in the event the hotel, motel, or motor court is
  252  leased, to the lessee of the hotel, motel, or motor court; and
  253  the license shall remain in the name of the owner or lessee so
  254  long as the license is in existence. Any special license now in
  255  existence heretofore issued under the provisions of this law
  256  cannot be renewed except in the name of the owner of the hotel,
  257  motel, motor court, or restaurant or, in the event the hotel,
  258  motel, motor court, or restaurant is leased, in the name of the
  259  lessee of the hotel, motel, motor court, or restaurant in which
  260  the license is located and must remain in the name of the owner
  261  or lessee so long as the license is in existence. Any license
  262  issued under this section shall be marked “Special,” and nothing
  263  herein provided shall limit, restrict, or prevent the issuance
  264  of a special license for any restaurant or motel which shall
  265  hereafter meet the requirements of the law existing immediately
  266  prior to the effective date of this act, if construction of such
  267  restaurant has commenced prior to the effective date of this act
  268  and is completed within 30 days thereafter, or if an application
  269  is on file for such special license at the time this act takes
  270  effect; and any such licenses issued under this proviso may be
  271  annually renewed as now provided by law. Nothing herein prevents
  272  an application for transfer of a license to a bona fide
  273  purchaser of any hotel, motel, motor court, or restaurant by the
  274  purchaser of such facility or the transfer of such license
  275  pursuant to law.
  276         Section 5. Paragraphs (h) and (i) of subsection (1) of
  277  section 561.29, Florida Statutes, are amended to read:
  278         561.29 Revocation and suspension of license; power to
  279  subpoena.—
  280         (1) The division is given full power and authority to
  281  revoke or suspend the license of any person holding a license
  282  under the Beverage Law, when it is determined or found by the
  283  division upon sufficient cause appearing of:
  284         (h) Failure by the holder of any license under s. 561.20(1)
  285  to maintain the licensed premises in an active manner in which
  286  the licensed premises are open for the bona fide sale of
  287  authorized alcoholic beverages during regular business hours of
  288  at least 6 hours a day for a period of 120 days or more during
  289  any 12-month period commencing 18 months after the acquisition
  290  of the license by the licensee, regardless of the date the
  291  license was originally issued. Every licensee must notify the
  292  division in writing of any period during which his or her
  293  license is inactive and place the physical license with the
  294  division to be held in an inactive status. The division may
  295  waive or extend the requirement of this section upon the finding
  296  of hardship, including the purchase of the license in order to
  297  transfer it to a newly constructed or remodeled location.
  298  However, during such closed period, the licensee shall make
  299  reasonable efforts toward restoring the license to active
  300  status. This paragraph applies shall apply to all annual license
  301  periods commencing on or after July 1, 1981, but does shall not
  302  apply to licenses issued after September 30, 1988. The division
  303  shall, upon written request of the licensee, grant a one-time
  304  written waiver or extension of the requirements of this
  305  paragraph for a period not to exceed 12 months. Additionally,
  306  the division may, upon written request of the licensee, grant a
  307  waiver or extension of the requirements of this paragraph for a
  308  period not to exceed 12 months if the licensee demonstrates
  309  that:
  310         1. The licensed premises has been physically damaged to
  311  such an extent that active operation of the business at the
  312  premises is impracticable;
  313         2. Construction or remodeling is underway to relocate the
  314  license to another location;
  315         3. The licensed premises has been prohibited from making
  316  sales as the result of any order of any court of competent
  317  jurisdiction, or any action or inaction of a local governmental
  318  entity relating to the permitting, construction, or occupational
  319  capacity of the physical location of the licensed premises.
  320         (i) Failure of any licensee issued a new or transfer
  321  license after September 30, 1988, under s. 561.20(1) to maintain
  322  the licensed premises in an active manner in which the licensed
  323  premises are open for business to the public for the bona fide
  324  retail sale of authorized alcoholic beverages during regular and
  325  reasonable business hours for at least 8 hours a day for a
  326  period of 210 days or more during any 12-month period commencing
  327  6 months after the acquisition of the license by the licensee.
  328  It is the intent of this act that for purposes of compliance
  329  with this paragraph, a licensee shall operate the licensed
  330  premises in a manner so as to maximize sales and tax revenues
  331  thereon; this includes maintaining a reasonable inventory of
  332  merchandise, including authorized alcoholic beverages, and the
  333  use of good business practices to achieve the intent of this
  334  law. Any attempt by a licensee to circumvent the intent of this
  335  law shall be grounds for revocation or suspension of the
  336  alcoholic beverage license. The division may, upon written
  337  request of the licensee, give a written waiver of this
  338  requirement for a period not to exceed 12 months in cases where
  339  the licensee demonstrates that the licensed premises has been
  340  physically destroyed through no fault of the licensee, when the
  341  licensee has suffered an incapacitating illness or injury which
  342  is likely to be prolonged, or when the licensed premises has
  343  been prohibited from making sales as a result of any action of
  344  any court of competent jurisdiction. Any waiver given pursuant
  345  to this subsection may be continued upon subsequent written
  346  request showing that substantial progress has been made toward
  347  restoring the licensed premises to a condition suitable for the
  348  resumption of sales or toward allowing for a court having
  349  jurisdiction over the premises to release said jurisdiction, or
  350  that an incapacitating illness or injury continues to exist.
  351  However, in no event may the waivers necessitated by any one
  352  occurrence cumulatively total more than 24 months. Every A
  353  licensee shall notify the division in writing of any period
  354  during which his or her license is inactive and place the
  355  physical license with the division to be held in an inactive
  356  status. For the purpose of calculating compliance with the
  357  requirements of this paragraph, a license that is acquired in a
  358  transaction that is not an arm’s length transaction, including
  359  transfers from relatives, affiliates, subsidiaries, and other
  360  related entities, retains and is subject to the first related
  361  transferor’s date of acquisition and related periods of
  362  operation. The division shall, upon written request of the
  363  licensee, grant a one-time written waiver or extension of the
  364  requirements of this paragraph for a period not to exceed 12
  365  months. Additionally, the division may, upon written request of
  366  the licensee, grant a waiver or extension of the requirements of
  367  this paragraph for a period not to exceed 12 months if the
  368  licensee demonstrates that:
  369         1. The licensed premises has been physically damaged to
  370  such an extent that active operation of the business at the
  371  premises is impracticable;
  372         2. Construction or remodeling is underway to relocate the
  373  license to another location;
  374         3. The licensed premises has been prohibited from making
  375  sales as the result of any order of any court of competent
  376  jurisdiction, or any action or inaction of a local governmental
  377  entity relating to the permitting, construction, or occupational
  378  capacity of the physical location of the licensed premises.
  379         Section 6. Section 561.4205, Florida Statutes, is created
  380  to read:
  381         561.4205 Keg deposits; limited alternative inventory and
  382  reconciliation process.—
  383         (1) A distributor selling an alcoholic beverage to a vendor
  384  in bulk, by recyclable keg or other similar reusable container,
  385  for the purpose of sale in draft form on tap, must charge the
  386  vendor a deposit, to be referred to as a “keg deposit,” in an
  387  amount not less than that charged to the distributor by the
  388  manufacturer for each keg or container of the beverage sold. The
  389  deposit amount charged to a vendor for a draft keg or container
  390  of a like brand must be uniform. Charges made for deposits
  391  collected or credits allowed for empty kegs or containers
  392  returned must be shown separately on all sale tickets or
  393  invoices. A copy of such sales tickets or invoices must be given
  394  to the vendor at the time of delivery.
  395         (2) In lieu of receiving a keg deposit, a distributor
  396  selling alcoholic beverages by recyclable keg or other similar
  397  reusable container for the purpose of sale in draft form to a
  398  vendor identified in s. 561.01(18) or s. 565.02(6) or (7) shall
  399  implement an inventory and reconciliation process with such
  400  vendor in which an accounting of kegs is completed and any loss
  401  or variance in the number of kegs is paid for by the vendor on a
  402  per-keg basis equivalent to the required keg deposit. This
  403  inventory and reconciliation process may occur twice per year,
  404  at the discretion of the distributor, but must occur at least
  405  annually. Upon completion of an agreed upon keg inventory and
  406  reconciliation, the vendor shall remit payment within 15 days
  407  after receiving an invoice from the distributor. The vendor may
  408  choose to establish and fund a separate account with the
  409  distributor for the purpose of expediting timely payments.
  410         Section 7. Section 561.422, Florida Statutes, is amended to
  411  read:
  412         561.422 Municipalities, counties, and nonprofit civic
  413  organizations; temporary permits.—
  414         (1) Upon the filing of an application, presentation of a
  415  local building and zoning permit, and payment of a fee of $25
  416  per permit, the director of the division may issue a permit
  417  authorizing a municipality, a county, or a bona fide nonprofit
  418  civic organization to sell alcoholic beverages for consumption
  419  on the premises of an event only, for a period not to exceed 3
  420  days, subject to any state law or municipal or county ordinance
  421  regulating the time for selling such beverages. All net profits
  422  from sales of alcoholic beverages collected during the permit
  423  period must be retained by the municipality, county, or
  424  nonprofit civic organization. Any such municipality, county, or
  425  nonprofit civic organization may be issued only three such
  426  permits per calendar year; however, the director of the division
  427  may issue more than three permits per calendar year to a
  428  municipality or county if such permits are for events that have
  429  been authorized by a majority vote of the governing body of the
  430  municipality or county at a duly noticed public meeting. The
  431  sworn application filed by a municipality or county for a
  432  temporary permit under this section must be signed by the chief
  433  executive officer of the municipality or county.
  434         (2) Notwithstanding other provisions of the Beverage Law,
  435  any municipality, county, or nonprofit civic organization
  436  licensed under this section may purchase alcoholic beverages
  437  from a distributor or vendor licensed under the Beverage Law.
  438         (3) All alcoholic beverages purchased for sale by a
  439  municipality or county which remain unconsumed after an event
  440  must be properly stored and secured by the municipality or
  441  county.
  442         Section 8. Paragraph (a) of subsection (7) of section
  443  563.06, Florida Statutes, is amended to read:
  444         563.06 Malt beverages; imprint on individual container;
  445  size of containers; exemptions.—
  446         (7) Notwithstanding any other provision of the Beverage
  447  Law, a malt beverage may be packaged in a growler, which is an
  448  individual container that holds 32, 64, or 128 ounces of such
  449  malt beverage if it is filled at the point of sale.
  450         (a) A growler may be filled or refilled by any of the
  451  following:
  452         1. A licensed manufacturer of malt beverages holding a
  453  vendor’s license under s. 561.221(2).
  454         2. A vendor holding a quota license under s. 561.20(1) or
  455  s. 565.02(1)(a) which that authorizes the sale of malt
  456  beverages.
  457         3. A vendor holding a license under s. 563.02(1)(b)-(f), s.
  458  564.02(1)(b)-(f), or s. 565.02(1)(b)-(f), if such licensed
  459  vendor receives a health inspection and certification under s.
  460  561.17(2) unless such license restricts the sale of malt
  461  beverages to sale for consumption only on the premises of such
  462  vendor.
  463         Section 9. Subsection (2) of section 565.02, Florida
  464  Statutes, is amended to read:
  465         565.02 License fees; vendors; clubs; caterers; and others.—
  466         (2) Any operator of railroads or sleeping cars and any
  467  vendor in a railroad transit station in this state may obtain a
  468  license to keep for sale and sell the beverages mentioned in the
  469  Beverage Law on passenger trains upon the payment of an annual
  470  license tax of $2,500, the tax to be paid to the division. A
  471  municipality or county may not require an additional license or
  472  levy a tax for the privilege of selling such beverages.
  473         (a) Operators of railroads or sleeping cars in this state
  474  are authorized to Such license shall authorize the holder
  475  thereof to keep for sale and sell all beverages mentioned in the
  476  Beverage Law for consumption upon any dining, club, parlor,
  477  buffet, or observation car of a passenger train in which
  478  certified copies of the licenses issued to the operators are
  479  posted. Certified copies of such licenses shall be issued by the
  480  division upon the payment of a fee of $10 operated by it in this
  481  state, but such beverages may be sold only to passengers upon
  482  the cars and must be served for consumption thereon. It is
  483  unlawful for such licensees to purchase or sell any liquor
  484  except in miniature bottles of not more than 2 ounces. Every
  485  such license for the sale of alcoholic beverages on a passenger
  486  train shall be good throughout the state. Except for alcoholic
  487  beverages sold within the licensed premises of a railroad
  488  transit station, it is unlawful for such licensees to purchase
  489  or sell any liquor on a passenger train except in miniature
  490  bottles of not more than 2 ounces No license shall be required,
  491  or tax levied by any municipality or county, for the privilege
  492  of selling such beverages for consumption in such cars. Such
  493  beverages shall be sold only on cars in which are posted
  494  certified copies of the licenses issued to such operator. Such
  495  certified copies of such licenses shall be issued by the
  496  division upon the payment of a tax of $10.
  497         (b) Vendors in a railroad transit station are authorized to
  498  keep for sale and sell all beverages mentioned in the Beverage
  499  Law. Licenses issued to vendors in a railroad transit station
  500  may not be transferred to locations beyond the railroad transit
  501  station. The alcoholic beverages sold are for consumption on the
  502  licensed premises and may be consumed in all areas within the
  503  railroad transit station and on the passenger train. Operators
  504  of railroads and sleeping cars shall keep separate the alcoholic
  505  beverages intended for sale on passenger trains and the
  506  alcoholic beverages intended for sale in the railroad transit
  507  station.
  508         Section 10. Section 565.04, Florida Statutes, is amended to
  509  read:
  510         565.04 Package store restrictions.—
  511         (1) Vendors licensed under s. 565.02(1)(a) shall not in
  512  said place of business sell, offer, or expose for sale any
  513  merchandise other than such beverages, and such places of
  514  business shall be devoted exclusively to such sales; provided,
  515  however, that such vendors shall be permitted to sell bitters,
  516  grenadine, nonalcoholic mixer-type beverages (not to include
  517  fruit juices produced outside this state), fruit juices produced
  518  in this state, home bar, and party supplies and equipment
  519  (including but not limited to glassware and party-type foods),
  520  miniatures of no alcoholic content, and tobacco products. Such
  521  places of business shall have no openings permitting direct
  522  access to any other building or room, except to a private office
  523  or storage room of the place of business from which patrons are
  524  excluded.
  525         (2) Notwithstanding any other law, when delivering
  526  alcoholic beverages to a vendor licensed under s. 565.02(1)(a),
  527  a licensed distributor may transport the beverages through
  528  another premises owned in whole or in part by the vendor.
  529         Section 11. This act shall take effect July 1, 2016.
  530