CS for CS for SB 698 Second Engrossed
2016698e2
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; revising which
39 licensed vendors may fill or refill a growler;
40 amending s. 565.02, F.S.; authorizing vendors in
41 railroad transit stations to obtain licenses to keep
42 and sell alcoholic beverages; prohibiting a
43 municipality or county from requiring an additional
44 license or levying a tax to sell certain beverages;
45 revising the locations where certain beverages may be
46 sold; providing liquor bottle size restrictions for
47 railroad transit stations; prohibiting the transfer of
48 certain licenses; requiring operators of railroads and
49 sleeping cars to keep separate certain alcoholic
50 beverages; amending s. 565.04, F.S.; authorizing a
51 licensed distributor to transport alcoholic beverages
52 through certain premises under specified
53 circumstances; providing an effective date.
54
55 Be It Enacted by the Legislature of the State of Florida:
56
57 Section 1. Section 210.13, Florida Statutes, is amended to
58 read:
59 210.13 Determination of tax on failure to file a return.—If
60 a dealer or other person required to remit the tax under this
61 part fails to file any return required under this part, or
62 having filed an incorrect or insufficient return, fails to file
63 a correct or sufficient return, as the case may require, within
64 10 days after the giving of notice to the dealer by the Division
65 of Alcoholic Beverages and Tobacco that such return or corrected
66 or sufficient return is required, the division shall determine
67 the amount of tax due by such dealer any time within 3 years
68 after the making of the earliest sale included in such
69 determination and give written notice of such determination to
70 such dealer. Such a determination shall finally and irrevocably
71 fix the tax unless the dealer against whom it is assessed shall,
72 within 30 days after the giving of notice of such determination,
73 apply to the division for a hearing. Judicial review shall not
74 be granted unless the amount of tax stated in the decision, with
75 penalties thereon, if any, shall have been first deposited with
76 the division, and an undertaking or bond filed in the court in
77 which such cause may be pending in such amount and with such
78 sureties as the court shall approve, conditioned that if such
79 proceeding be dismissed or the decision of the division
80 confirmed, the applicant for review will pay all costs and
81 charges which may accrue against the applicant in the
82 prosecution of the proceeding. At the option of the applicant,
83 such undertaking or bond may be in an additional sum sufficient
84 to cover the tax, penalties, costs, and charges aforesaid, in
85 which event the applicant shall not be required to pay such tax
86 and penalties precedent to the granting of such review by such
87 court.
88 Section 2. Paragraph (a) of subsection (1) of section
89 218.32, Florida Statutes, is amended to read:
90 218.32 Annual financial reports; local governmental
91 entities.—
92 (1)(a) Each local governmental entity that is determined to
93 be a reporting entity, as defined by generally accepted
94 accounting principles, and each independent special district as
95 defined in s. 189.012, shall submit to the department a copy of
96 its annual financial report for the previous fiscal year in a
97 format prescribed by the department. The annual financial report
98 must include a list of each local governmental entity included
99 in the report and each local governmental entity that failed to
100 provide financial information as required by paragraph (b). The
101 annual financial report must also include all revenues derived
102 from the use of temporary permits obtained by a reporting entity
103 pursuant to s. 561.422. The chair of the governing body and the
104 chief financial officer of each local governmental entity shall
105 sign the annual financial report submitted pursuant to this
106 subsection attesting to the accuracy of the information included
107 in the report. The county annual financial report must be a
108 single document that covers each county agency.
109 Section 3. Subsection (22) is added to section 561.01,
110 Florida Statutes, to read:
111 561.01 Definitions.—As used in the Beverage Law:
112 (22) “Railroad transit station” means a platform or a
113 terminal facility where passenger trains operating on a guided
114 rail system according to a fixed schedule between two or more
115 cities regularly stop to load and unload passengers or goods.
116 The term includes a passenger waiting lounge and dining, retail,
117 entertainment, or recreational facilities within the licensed
118 premises owned or leased by the railroad operator or owner.
119 Section 4. Paragraph (a) of subsection (2) of section
120 561.20, Florida Statutes, is amended to read:
121 561.20 Limitation upon number of licenses issued.—
122 (2)(a) The No such limitation of the number of licenses as
123 herein provided in this section does not shall henceforth
124 prohibit the issuance of a special license to:
125 1. Any bona fide hotel, motel, or motor court of not fewer
126 than 80 guest rooms in any county having a population of less
127 than 50,000 residents, and of not fewer than 100 guest rooms in
128 any county having a population of 50,000 residents or greater;
129 or any bona fide hotel or motel located in a historic structure,
130 as defined in s. 561.01(21), with fewer than 100 guest rooms
131 which derives at least 51 percent of its gross revenue from the
132 rental of hotel or motel rooms, which is licensed as a public
133 lodging establishment by the Division of Hotels and Restaurants;
134 provided, however, that a bona fide hotel or motel with no fewer
135 than 10 and no more than 25 guest rooms which is a historic
136 structure, as defined in s. 561.01(21), in a municipality that
137 on the effective date of this act has a population, according to
138 the University of Florida’s Bureau of Economic and Business
139 Research Estimates of Population for 1998, of no fewer than
140 25,000 and no more than 35,000 residents and that is within a
141 constitutionally chartered county may be issued a special
142 license. This special license shall allow the sale and
143 consumption of alcoholic beverages only on the licensed premises
144 of the hotel or motel. In addition, the hotel or motel must
145 derive at least 60 percent of its gross revenue from the rental
146 of hotel or motel rooms and the sale of food and nonalcoholic
147 beverages; provided that the provisions of this subparagraph
148 shall supersede local laws requiring a greater number of hotel
149 rooms;
150 2. Any condominium accommodation of which no fewer than 100
151 condominium units are wholly rentable to transients and which is
152 licensed under the provisions of chapter 509, except that the
153 license shall be issued only to the person or corporation which
154 operates the hotel or motel operation and not to the association
155 of condominium owners;
156 3. Any condominium accommodation of which no fewer than 50
157 condominium units are wholly rentable to transients, which is
158 licensed under the provisions of chapter 509, and which is
159 located in any county having home rule under s. 10 or s. 11,
160 Art. VIII of the State Constitution of 1885, as amended, and
161 incorporated by reference in s. 6(e), Art. VIII of the State
162 Constitution, except that the license shall be issued only to
163 the person or corporation which operates the hotel or motel
164 operation and not to the association of condominium owners;
165 4. Any food service establishment that has restaurant
166 having 2,500 square feet of service area, is and equipped to
167 serve meals to 150 persons full course meals at tables at one
168 time, and that derives deriving at least 51 percent of its gross
169 food and beverage revenue from the sale of food and nonalcoholic
170 beverages during the first 60-day operating period and each 12
171 month operating period thereafter.; However, A food service
172 establishment no restaurant granted a special license on or
173 after January 1, 1958, pursuant to general or special law may
174 not shall operate as a package store and may not sell, nor shall
175 intoxicating beverages be sold under such license after the
176 hours of serving or consumption of food have elapsed. Failure by
177 a licensee to meet the required percentage of food and
178 nonalcoholic beverage gross revenues during the covered
179 operating period shall result in revocation of the license or
180 denial of the pending license application. A licensee whose
181 license is revoked or an applicant whose pending application is
182 denied, or any person required to qualify on the special license
183 application, is ineligible to have any interest in a subsequent
184 application for such a license for a period of 120 days after
185 the date of the final denial or revocation; or
186 5. Any caterer, deriving at least 51 percent of its gross
187 revenue from the sale of food and nonalcoholic beverages,
188 licensed by the Division of Hotels and Restaurants under chapter
189 509. Notwithstanding any other provision of law to the contrary,
190 a licensee under this subparagraph shall sell or serve alcoholic
191 beverages only for consumption on the premises of a catered
192 event at which the licensee is also providing prepared food, and
193 shall prominently display its license at any catered event at
194 which the caterer is selling or serving alcoholic beverages. A
195 licensee under this subparagraph shall purchase all alcoholic
196 beverages it sells or serves at a catered event from a vendor
197 licensed under s. 563.02(1), s. 564.02(1), or licensed under s.
198 565.02(1) subject to the limitation imposed in subsection (1),
199 as appropriate. A licensee under this subparagraph may not store
200 any alcoholic beverages to be sold or served at a catered event.
201 Any alcoholic beverages purchased by a licensee under this
202 subparagraph for a catered event that are not used at that event
203 must remain with the customer; provided that if the vendor
204 accepts unopened alcoholic beverages, the licensee may return
205 such alcoholic beverages to the vendor for a credit or
206 reimbursement. Regardless of the county or counties in which the
207 licensee operates, a licensee under this subparagraph shall pay
208 the annual state license tax set forth in s. 565.02(1)(b). A
209 licensee under this subparagraph must maintain for a period of 3
210 years all records required by the department by rule to
211 demonstrate compliance with the requirements of this
212 subparagraph, including licensed vendor receipts for the
213 purchase of alcoholic beverages and records identifying each
214 customer and the location and date of each catered event.
215 Notwithstanding any provision of law to the contrary, any vendor
216 licensed under s. 565.02(1) subject to the limitation imposed in
217 subsection (1), may, without any additional licensure under this
218 subparagraph, serve or sell alcoholic beverages for consumption
219 on the premises of a catered event at which prepared food is
220 provided by a caterer licensed under chapter 509. If a licensee
221 under this subparagraph also possesses any other license under
222 the Beverage Law, the license issued under this subparagraph
223 shall not authorize the holder to conduct activities on the
224 premises to which the other license or licenses apply that would
225 otherwise be prohibited by the terms of that license or the
226 Beverage Law. Nothing in this section shall permit the licensee
227 to conduct activities that are otherwise prohibited by the
228 Beverage Law or local law. The Division of Alcoholic Beverages
229 and Tobacco is hereby authorized to adopt rules to administer
230 the license created in this subparagraph, to include rules
231 governing licensure, recordkeeping, and enforcement. The first
232 $300,000 in fees collected by the division each fiscal year
233 pursuant to this subparagraph shall be deposited in the
234 Department of Children and Families’ Operations and Maintenance
235 Trust Fund to be used only for alcohol and drug abuse education,
236 treatment, and prevention programs. The remainder of the fees
237 collected shall be deposited into the Hotel and Restaurant Trust
238 Fund created pursuant to s. 509.072.
239
240 However, any license heretofore issued to any such hotel, motel,
241 motor court, or restaurant or hereafter issued to any such
242 hotel, motel, or motor court, including a condominium
243 accommodation, under the general law shall not be moved to a new
244 location, such license being valid only on the premises of such
245 hotel, motel, motor court, or restaurant. Licenses issued to
246 hotels, motels, motor courts, or restaurants under the general
247 law and held by such hotels, motels, motor courts, or
248 restaurants on May 24, 1947, shall be counted in the quota
249 limitation contained in subsection (1). Any license issued for
250 any hotel, motel, or motor court under the provisions of this
251 law shall be issued only to the owner of the hotel, motel, or
252 motor court or, in the event the hotel, motel, or motor court is
253 leased, to the lessee of the hotel, motel, or motor court; and
254 the license shall remain in the name of the owner or lessee so
255 long as the license is in existence. Any special license now in
256 existence heretofore issued under the provisions of this law
257 cannot be renewed except in the name of the owner of the hotel,
258 motel, motor court, or restaurant or, in the event the hotel,
259 motel, motor court, or restaurant is leased, in the name of the
260 lessee of the hotel, motel, motor court, or restaurant in which
261 the license is located and must remain in the name of the owner
262 or lessee so long as the license is in existence. Any license
263 issued under this section shall be marked “Special,” and nothing
264 herein provided shall limit, restrict, or prevent the issuance
265 of a special license for any restaurant or motel which shall
266 hereafter meet the requirements of the law existing immediately
267 prior to the effective date of this act, if construction of such
268 restaurant has commenced prior to the effective date of this act
269 and is completed within 30 days thereafter, or if an application
270 is on file for such special license at the time this act takes
271 effect; and any such licenses issued under this proviso may be
272 annually renewed as now provided by law. Nothing herein prevents
273 an application for transfer of a license to a bona fide
274 purchaser of any hotel, motel, motor court, or restaurant by the
275 purchaser of such facility or the transfer of such license
276 pursuant to law.
277 Section 5. Paragraphs (h) and (i) of subsection (1) of
278 section 561.29, Florida Statutes, are amended to read:
279 561.29 Revocation and suspension of license; power to
280 subpoena.—
281 (1) The division is given full power and authority to
282 revoke or suspend the license of any person holding a license
283 under the Beverage Law, when it is determined or found by the
284 division upon sufficient cause appearing of:
285 (h) Failure by the holder of any license under s. 561.20(1)
286 to maintain the licensed premises in an active manner in which
287 the licensed premises are open for the bona fide sale of
288 authorized alcoholic beverages during regular business hours of
289 at least 6 hours a day for a period of 120 days or more during
290 any 12-month period commencing 18 months after the acquisition
291 of the license by the licensee, regardless of the date the
292 license was originally issued. Every licensee must notify the
293 division in writing of any period during which his or her
294 license is inactive and place the physical license with the
295 division to be held in an inactive status. The division may
296 waive or extend the requirement of this section upon the finding
297 of hardship, including the purchase of the license in order to
298 transfer it to a newly constructed or remodeled location.
299 However, during such closed period, the licensee shall make
300 reasonable efforts toward restoring the license to active
301 status. This paragraph applies shall apply to all annual license
302 periods commencing on or after July 1, 1981, but does shall not
303 apply to licenses issued after September 30, 1988. The division
304 shall, upon written request of the licensee, grant a one-time
305 written waiver or extension of the requirements of this
306 paragraph for a period not to exceed 12 months. Additionally,
307 the division may, upon written request of the licensee, grant a
308 waiver or extension of the requirements of this paragraph for a
309 period not to exceed 12 months if the licensee demonstrates
310 that:
311 1. The licensed premises has been physically damaged to
312 such an extent that active operation of the business at the
313 premises is impracticable;
314 2. Construction or remodeling is underway to relocate the
315 license to another location;
316 3. The licensed premises has been prohibited from making
317 sales as the result of any order of any court of competent
318 jurisdiction, or any action or inaction of a local governmental
319 entity relating to the permitting, construction, or occupational
320 capacity of the physical location of the licensed premises.
321 (i) Failure of any licensee issued a new or transfer
322 license after September 30, 1988, under s. 561.20(1) to maintain
323 the licensed premises in an active manner in which the licensed
324 premises are open for business to the public for the bona fide
325 retail sale of authorized alcoholic beverages during regular and
326 reasonable business hours for at least 8 hours a day for a
327 period of 210 days or more during any 12-month period commencing
328 6 months after the acquisition of the license by the licensee.
329 It is the intent of this act that for purposes of compliance
330 with this paragraph, a licensee shall operate the licensed
331 premises in a manner so as to maximize sales and tax revenues
332 thereon; this includes maintaining a reasonable inventory of
333 merchandise, including authorized alcoholic beverages, and the
334 use of good business practices to achieve the intent of this
335 law. Any attempt by a licensee to circumvent the intent of this
336 law shall be grounds for revocation or suspension of the
337 alcoholic beverage license. The division may, upon written
338 request of the licensee, give a written waiver of this
339 requirement for a period not to exceed 12 months in cases where
340 the licensee demonstrates that the licensed premises has been
341 physically destroyed through no fault of the licensee, when the
342 licensee has suffered an incapacitating illness or injury which
343 is likely to be prolonged, or when the licensed premises has
344 been prohibited from making sales as a result of any action of
345 any court of competent jurisdiction. Any waiver given pursuant
346 to this subsection may be continued upon subsequent written
347 request showing that substantial progress has been made toward
348 restoring the licensed premises to a condition suitable for the
349 resumption of sales or toward allowing for a court having
350 jurisdiction over the premises to release said jurisdiction, or
351 that an incapacitating illness or injury continues to exist.
352 However, in no event may the waivers necessitated by any one
353 occurrence cumulatively total more than 24 months. Every A
354 licensee shall notify the division in writing of any period
355 during which his or her license is inactive and place the
356 physical license with the division to be held in an inactive
357 status. For the purpose of calculating compliance with the
358 requirements of this paragraph, a license that is acquired in a
359 transaction that is not an arm’s length transaction, including
360 transfers from relatives, affiliates, subsidiaries, and other
361 related entities, retains and is subject to the first related
362 transferor’s date of acquisition and related periods of
363 operation. The division shall, upon written request of the
364 licensee, grant a one-time written waiver or extension of the
365 requirements of this paragraph for a period not to exceed 12
366 months. Additionally, the division may, upon written request of
367 the licensee, grant a waiver or extension of the requirements of
368 this paragraph for a period not to exceed 12 months if the
369 licensee demonstrates that:
370 1. The licensed premises has been physically damaged to
371 such an extent that active operation of the business at the
372 premises is impracticable;
373 2. Construction or remodeling is underway to relocate the
374 license to another location;
375 3. The licensed premises has been prohibited from making
376 sales as the result of any order of any court of competent
377 jurisdiction, or any action or inaction of a local governmental
378 entity relating to the permitting, construction, or occupational
379 capacity of the physical location of the licensed premises.
380 Section 6. Section 561.4205, Florida Statutes, is created
381 to read:
382 561.4205 Keg deposits; limited alternative inventory and
383 reconciliation process.—
384 (1) A distributor selling an alcoholic beverage to a vendor
385 in bulk, by recyclable keg or other similar reusable container,
386 for the purpose of sale in draft form on tap, must charge the
387 vendor a deposit, to be referred to as a “keg deposit,” in an
388 amount not less than that charged to the distributor by the
389 manufacturer for each keg or container of the beverage sold. The
390 deposit amount charged to a vendor for a draft keg or container
391 of a like brand must be uniform. Charges made for deposits
392 collected or credits allowed for empty kegs or containers
393 returned must be shown separately on all sale tickets or
394 invoices. A copy of such sales tickets or invoices must be given
395 to the vendor at the time of delivery.
396 (2) In lieu of receiving a keg deposit, a distributor
397 selling alcoholic beverages by recyclable keg or other similar
398 reusable container for the purpose of sale in draft form to a
399 vendor identified in s. 561.01(18) or s. 565.02(6) or (7) shall
400 implement an inventory and reconciliation process with such
401 vendor in which an accounting of kegs is completed and any loss
402 or variance in the number of kegs is paid for by the vendor on a
403 per-keg basis equivalent to the required keg deposit. This
404 inventory and reconciliation process may occur twice per year,
405 at the discretion of the distributor, but must occur at least
406 annually. Upon completion of an agreed upon keg inventory and
407 reconciliation, the vendor shall remit payment within 15 days
408 after receiving an invoice from the distributor. The vendor may
409 choose to establish and fund a separate account with the
410 distributor for the purpose of expediting timely payments.
411 Section 7. Section 561.422, Florida Statutes, is amended to
412 read:
413 561.422 Municipalities, counties, and nonprofit civic
414 organizations; temporary permits.—
415 (1) Upon the filing of an application, presentation of a
416 local building and zoning permit, and payment of a fee of $25
417 per permit, the director of the division may issue a permit
418 authorizing a municipality, a county, or a bona fide nonprofit
419 civic organization to sell alcoholic beverages for consumption
420 on the premises of an event only, for a period not to exceed 3
421 days, subject to any state law or municipal or county ordinance
422 regulating the time for selling such beverages. All net profits
423 from sales of alcoholic beverages collected during the permit
424 period must be retained by the municipality, county, or
425 nonprofit civic organization. Any such municipality, county, or
426 nonprofit civic organization may be issued only three such
427 permits per calendar year; however, the director of the division
428 may issue more than three permits per calendar year to a
429 municipality or county if such permits are for events that have
430 been authorized by a majority vote of the governing body of the
431 municipality or county at a duly noticed public meeting. The
432 sworn application filed by a municipality or county for a
433 temporary permit under this section must be signed by the chief
434 executive officer of the municipality or county.
435 (2) Notwithstanding other provisions of the Beverage Law,
436 any municipality, county, or nonprofit civic organization
437 licensed under this section may purchase alcoholic beverages
438 from a distributor or vendor licensed under the Beverage Law.
439 (3) All alcoholic beverages purchased for sale by a
440 municipality or county which remain unconsumed after an event
441 must be properly stored and secured by the municipality or
442 county.
443 Section 8. Paragraph (a) of subsection (7) of section
444 563.06, Florida Statutes, is amended to read:
445 563.06 Malt beverages; imprint on individual container;
446 size of containers; exemptions.—
447 (7) Notwithstanding any other provision of the Beverage
448 Law, a malt beverage may be packaged in a growler, which is an
449 individual container that holds 32, 64, or 128 ounces of such
450 malt beverage if it is filled at the point of sale.
451 (a) A growler may be filled or refilled by any of the
452 following:
453 1. A licensed manufacturer of malt beverages holding a
454 vendor’s license under s. 561.221(2).
455 2. A vendor holding a quota license under s. 561.20(1) or
456 s. 565.02(1)(a) which that authorizes the sale of malt
457 beverages.
458 3. A vendor holding a license under s. 563.02(1)(b)-(f), s.
459 564.02(1)(b)-(f), or s. 565.02(1)(b)-(f), if such licensed
460 vendor receives a health inspection and certification under s.
461 561.17(2) unless such license restricts the sale of malt
462 beverages to sale for consumption only on the premises of such
463 vendor.
464 4. A vendor holding a license under s. 563.02(1)(a) or s.
465 564.02(1)(a), having held that license in current, active status
466 on June 30, 2015, subject to the following requirements:
467 a. The vendor proves to the satisfaction of the division
468 that the vendor had draft equipment and tapping accessories
469 installed and had purchased kegs before June 30, 2015.
470 b. The growlers are filled or refilled by the vendor or the
471 vendor’s employee, who must be age 18 or older.
472 c. The taps or mechanisms used to fill or refill the
473 growlers are not accessible to customers.
474 d. The growlers meet labeling or sealing requirements set
475 forth in paragraph (b).
476 e. The vendor does not permit consumption on premises,
477 including tastings or other sampling activities.
478 Section 9. Subsection (2) of section 565.02, Florida
479 Statutes, is amended to read:
480 565.02 License fees; vendors; clubs; caterers; and others.—
481 (2) Any operator of railroads or sleeping cars and any
482 vendor in a railroad transit station in this state may obtain a
483 license to keep for sale and sell the beverages mentioned in the
484 Beverage Law on passenger trains upon the payment of an annual
485 license tax of $2,500, the tax to be paid to the division. A
486 municipality or county may not require an additional license or
487 levy a tax for the privilege of selling such beverages.
488 (a) Operators of railroads or sleeping cars in this state
489 are authorized to Such license shall authorize the holder
490 thereof to keep for sale and sell all beverages mentioned in the
491 Beverage Law for consumption upon any dining, club, parlor,
492 buffet, or observation car of a passenger train in which
493 certified copies of the licenses issued to the operators are
494 posted. Certified copies of such licenses shall be issued by the
495 division upon the payment of a fee of $10 operated by it in this
496 state, but such beverages may be sold only to passengers upon
497 the cars and must be served for consumption thereon. It is
498 unlawful for such licensees to purchase or sell any liquor
499 except in miniature bottles of not more than 2 ounces. Every
500 such license for the sale of alcoholic beverages on a passenger
501 train shall be good throughout the state. Except for alcoholic
502 beverages sold within the licensed premises of a railroad
503 transit station, it is unlawful for such licensees to purchase
504 or sell any liquor on a passenger train except in miniature
505 bottles of not more than 2 ounces No license shall be required,
506 or tax levied by any municipality or county, for the privilege
507 of selling such beverages for consumption in such cars. Such
508 beverages shall be sold only on cars in which are posted
509 certified copies of the licenses issued to such operator. Such
510 certified copies of such licenses shall be issued by the
511 division upon the payment of a tax of $10.
512 (b) Vendors in a railroad transit station are authorized to
513 keep for sale and sell all beverages mentioned in the Beverage
514 Law. Licenses issued to vendors in a railroad transit station
515 may not be transferred to locations beyond the railroad transit
516 station. The alcoholic beverages sold are for consumption on the
517 licensed premises and may be consumed in all areas within the
518 railroad transit station and on the passenger train. Operators
519 of railroads and sleeping cars shall keep separate the alcoholic
520 beverages intended for sale on passenger trains and the
521 alcoholic beverages intended for sale in the railroad transit
522 station.
523 Section 10. Section 565.04, Florida Statutes, is amended to
524 read:
525 565.04 Package store restrictions.—
526 (1) Vendors licensed under s. 565.02(1)(a) shall not in
527 said place of business sell, offer, or expose for sale any
528 merchandise other than such beverages, and such places of
529 business shall be devoted exclusively to such sales; provided,
530 however, that such vendors shall be permitted to sell bitters,
531 grenadine, nonalcoholic mixer-type beverages (not to include
532 fruit juices produced outside this state), fruit juices produced
533 in this state, home bar, and party supplies and equipment
534 (including but not limited to glassware and party-type foods),
535 miniatures of no alcoholic content, and tobacco products. Such
536 places of business shall have no openings permitting direct
537 access to any other building or room, except to a private office
538 or storage room of the place of business from which patrons are
539 excluded.
540 (2) Notwithstanding any other law, when delivering
541 alcoholic beverages to a vendor licensed under s. 565.02(1)(a),
542 a licensed distributor may transport the beverages through
543 another premises owned in whole or in part by the vendor.
544 Section 11. This act shall take effect July 1, 2016.
545