Senate Bill 0720c1

    Florida Senate - 1998                            CS for SB 720

    By the Committee on Regulated Industries and Senators Hargrett
    and Holzendorf




    315-1709-98

  1                      A bill to be entitled

  2         An act relating to the Beverage Law; amending

  3         s. 562.45, F.S.; providing restrictions on

  4         locations for on-premises consumption of

  5         alcoholic beverages; providing an effective

  6         date.

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  8  Be It Enacted by the Legislature of the State of Florida:

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10         Section 1.  Paragraph (a) of subsection (2) of section

11  562.45, Florida Statutes, is amended to read:

12         562.45  Penalties for violating Beverage Law; local

13  ordinances; prohibiting regulation of certain activities or

14  business transactions; requiring nondiscriminatory treatment;

15  providing exceptions.--

16         (2)(a)  Nothing contained in the Beverage Law shall be

17  construed to affect or impair the power or right of any county

18  or incorporated municipality of the state to enact ordinances

19  regulating the hours of business and location of place of

20  business, and prescribing sanitary regulations therefor, of

21  any licensee under the Beverage Law within the county or

22  corporate limits of such municipality. However, except for

23  premises licensed on or before July 1, 1998, a location for

24  on-premises consumption of alcoholic beverages may not be

25  located within 500 feet of the real property that comprises a

26  public or private elementary school, middle school, or

27  secondary school unless the county or municipality approves

28  the location as promoting the public health, safety, and

29  general welfare of the community under proceedings as provided

30  in s. 286.0115.  The division may not issue a change in the

31  series of a license or approve a change of a licensee's

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 720
    315-1709-98




  1  location unless the licensee provides documentation of proper

  2  zoning from the appropriate county or municipal zoning

  3  authorities.

  4         Section 2.  This act shall take effect July 1, 1998.

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  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                              SB 720

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  9  Provides that a location for on-premises consumption of
    alcoholic beverages may not be located within 500 feet of a
10  school unless the county or municipal government approves the
    location under quasi-judicial procedures used for other zoning
11  decisions. This provision does not apply to premises licensed
    on or before July 1, 1998.
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