Florida Senate - 2016                                     SB 934
       
       
        
       By Senator Latvala
       
       
       
       
       
       20-00720B-16                                           2016934__
    1                        A bill to be entitled                      
    2         An act relating to alcoholic beverage permits;
    3         amending s. 218.32, F.S.; requiring local governmental
    4         entities to include revenues derived from the use of
    5         temporary alcoholic beverage permits in annual
    6         financial reports; amending s. 561.01, F.S.; defining
    7         the term “railroad transit station”; amending s.
    8         561.422, F.S.; authorizing the Division of Alcoholic
    9         Beverages and Tobacco within the Department of
   10         Business and Professional Regulation to issue
   11         temporary permits to municipalities and counties to
   12         sell alcoholic beverages for consumption on the
   13         premises of an event; providing conditions for such
   14         permits; requiring such municipalities and counties to
   15         remove and properly dispose of unconsumed alcoholic
   16         beverages; amending s. 562.14, F.S.; exempting
   17         railroad transit stations from provisions regulating
   18         the time during which alcoholic beverages may be sold,
   19         served, and consumed; amending s. 565.02, F.S.;
   20         authorizing operators of railroad transit stations to
   21         obtain licenses to sell alcoholic beverages; revising
   22         the locations where certain beverages may be sold;
   23         prohibiting the transfer of specified licenses to
   24         certain locations; prohibiting a municipality or
   25         county from requiring an additional license or levying
   26         a tax to sell certain beverages; exempting railroad
   27         transit stations from liquor bottle size restrictions;
   28         exempting operators of restaurants, shops, or other
   29         facilities that are part of, or that serve, railroad
   30         transit stations from certain licensing regulations;
   31         authorizing alcoholic beverages to be served in all
   32         areas within the property of a railroad transit
   33         station; providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Paragraph (a) of subsection (1) of section
   38  218.32, Florida Statutes, is amended to read:
   39         218.32 Annual financial reports; local governmental
   40  entities.—
   41         (1)(a) Each local governmental entity that is determined to
   42  be a reporting entity, as defined by generally accepted
   43  accounting principles, and each independent special district as
   44  defined in s. 189.012, shall submit to the department a copy of
   45  its annual financial report for the previous fiscal year in a
   46  format prescribed by the department. The annual financial report
   47  must include a list of each local governmental entity included
   48  in the report and each local governmental entity that failed to
   49  provide financial information as required by paragraph (b). The
   50  annual financial report must also include all revenues derived
   51  from the use of temporary permits obtained by a reporting entity
   52  pursuant to s. 561.422. The chair of the governing body and the
   53  chief financial officer of each local governmental entity shall
   54  sign the annual financial report submitted pursuant to this
   55  subsection attesting to the accuracy of the information included
   56  in the report. The county annual financial report must be a
   57  single document that covers each county agency.
   58         Section 2. Subsection (22) is added to section 561.01,
   59  Florida Statutes, to read:
   60         561.01 Definitions.—As used in the Beverage Law:
   61         (22) “Railroad transit station” means a platform or
   62  terminal facility where passenger trains operating on a guided
   63  rail system according to a fixed schedule between two or more
   64  cities regularly stop to load and unload passengers or goods.
   65  The term includes a passenger waiting lounge or dining, retail,
   66  entertainment, or recreational facilities within the premises
   67  owned or leased by the railroad operator or owner.
   68         Section 3. Section 561.422, Florida Statutes, is amended to
   69  read:
   70         561.422 Nonprofit civic organizations, municipalities, and
   71  counties; temporary permits.—
   72         (1) Upon the filing of an application, presentation of a
   73  local building and zoning permit, and payment of a fee of $25
   74  per permit, the director of the division may issue a permit
   75  authorizing a bona fide nonprofit civic organization,
   76  municipality, or county to sell alcoholic beverages for
   77  consumption on the premises of an event only, for a period not
   78  to exceed 3 days, subject to any state law or municipal or
   79  county ordinance regulating the time for selling such beverages.
   80  All net profits from sales of alcoholic beverages collected
   81  during the permit period must be retained by the nonprofit civic
   82  organization, municipality, or county. Any such nonprofit civic
   83  organization, municipality, or county may be issued only three
   84  such permits per calendar year.
   85         (2) Notwithstanding other provisions of the Beverage Law,
   86  any nonprofit civic organization, municipality, or county
   87  licensed under this section may purchase alcoholic beverages
   88  from a distributor or vendor licensed under the Beverage Law.
   89         (3) All alcoholic beverages purchased for sale by a
   90  municipality or county which remain unconsumed after an event
   91  must be removed from the premises of the event and properly
   92  disposed of by the municipality or county.
   93         Section 4. Subsection (1) of section 562.14, Florida
   94  Statutes, is amended to read:
   95         562.14 Regulating the time for sale of alcoholic and
   96  intoxicating beverages; prohibiting use of licensed premises.—
   97         (1) Except as otherwise provided by county or municipal
   98  ordinance, no alcoholic beverages may not be sold, consumed,
   99  served, or permitted to be served or consumed in any place
  100  holding a license under the division between the hours of
  101  midnight and 7 a.m. of the following day. This section does
  102  shall not apply to railroad transit stations or to railroads
  103  selling only to passengers for consumption on railroad cars.
  104         Section 5. Subsection (2) of section 565.02, Florida
  105  Statutes, is amended to read:
  106         565.02 License fees; vendors; clubs; caterers; and others.—
  107         (2)(a) Any operator of railroad transit stations,
  108  railroads, or sleeping cars in this state may obtain a license
  109  to sell the beverages mentioned in the Beverage Law on passenger
  110  trains upon the payment of an annual license tax of $2,500, the
  111  tax to be paid to the division. The Such license is good
  112  throughout the state and authorizes shall authorize the licensee
  113  holder thereof to keep for sale and to sell all beverages
  114  mentioned in the Beverage Law on upon any dining, club, parlor,
  115  buffet, or observation car or within the property of a railroad
  116  transit station operated by the licensee. it in this state, but
  117  Such beverages may be sold only to passengers on such upon the
  118  cars or within the property of the railroad transit station and
  119  must be served for consumption thereon. Licenses issued pursuant
  120  to s. 565.02(2)(a) for railroad transit stations may not be
  121  transferred to locations beyond the premises of the railroad
  122  transit station. A municipality or county may not require an
  123  additional license or levy a tax for the privilege of selling
  124  such beverages.
  125         (b) Except for alcoholic beverages sold within the property
  126  of a railroad transit station, it is unlawful for such licensees
  127  to purchase or sell any liquor except in miniature bottles of
  128  not more than 2 ounces. Every such license shall be good
  129  throughout the state. No license shall be required, or tax
  130  levied by any municipality or county, for the privilege of
  131  selling such beverages for consumption in such cars. Such
  132  beverages may shall be sold only on cars in which are posted
  133  certified copies of the licenses issued to the such operator are
  134  posted. Such Certified copies of such licenses shall be issued
  135  by the division upon the payment of a tax of $10.
  136         (c) A limitation of the number of licenses issued pursuant
  137  to this section does not prohibit the issuance of a license
  138  authorized by the Beverage Law or a special license issued
  139  pursuant to s. 561.20 to operators of restaurants, shops, or
  140  other facilities that are part of, or that serve, railroad
  141  transit stations, and any such licenses issued are exempt from
  142  s. 562.45. The alcoholic beverages sold by a licensed operator
  143  may be consumed in all areas within the property of the railroad
  144  transit station as defined in s. 561.01(22).
  145         Section 6. This act shall take effect July 1, 2016.