Senate Bill 1444er

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





    ENROLLED

    1999 Legislature                 CS for SB 1444, 2nd Engrossed



  1

  2         An act relating to alcoholic beverage licenses;

  3         amending s. 561.01, F.S.; defining the term

  4         "historic structures"; amending s. 561.20,

  5         F.S.; providing for the issuance of special

  6         alcoholic beverage licenses to certain hotels

  7         and motels with no fewer than 10 and no more

  8         than 25 guest rooms in municipalities within

  9         constitutionally chartered counties which are

10         within a specified population range; revising

11         the definition of a specialty center; limiting

12         consumption of alcoholic beverages within

13         specialty centers; requiring compliance with

14         requirements and restrictions contained in the

15         Beverage Law for licenses issued under a local

16         or special act; amending s. 267.081, F.S.;

17         providing for disposition of moneys received by

18         the Division of Historical Resources of the

19         Department of State from the sale of

20         publications; providing an effective date.

21

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

23

24         Section 1.  Subsection (21) is added to section 561.01,

25  Florida Statutes, to read:

26         561.01  Definitions.--As used in the Beverage Law:

27         (21)  For purposes of license qualification pursuant to

28  s. 561.20(2)(a)1. the term "historic structure" means a

29  structure that is listed on the National Register of Historic

30  Places pursuant to the National Historic Preservation Act of

31  1966, or is within and contributes to a registered historic


                                  1

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




    ENROLLED

    1999 Legislature                 CS for SB 1444, 2nd Engrossed



  1  district pursuant to 26 U.S.C. s. 48(g)(3)(B), or has been

  2  found to meet the criteria of historical significance of the

  3  Division of Historical Resources of the Department of State,

  4  as certified by that division or by a locally established

  5  historic preservation board or commission, or like body, which

  6  has been granted authority to designate historically

  7  significant properties by the jurisdiction within which the

  8  hotel or motel is located.

  9         Section 2.  Paragraphs (a) and (b) of subsection (2)

10  and subsection (4) of section 561.20, Florida Statutes, are

11  amended to read:

12         561.20  Limitation upon number of licenses issued.--

13         (2)(a)  No such limitation of the number of licenses as

14  herein provided shall henceforth prohibit the issuance of a

15  special license to:

16         1.  Any bona fide hotel, motel, or motor court of not

17  fewer than 80 guest rooms in any county having a population of

18  less than 50,000 residents, and of not fewer than 100 guest

19  rooms in any county having a population of 50,000 residents or

20  greater; or any bona fide hotel or motel located in a historic

21  structure, as defined in s. 561.01(21), with of fewer than 100

22  guest rooms which derives at least 51 percent of its gross

23  revenue from the rental of hotel or motel rooms, which is

24  licensed as a public lodging establishment by the Division of

25  Hotels and Restaurants; provided, however, that a bona fide

26  hotel or motel with no fewer than 10 and no more than 25 guest

27  rooms which is a historic structure, as defined in s.

28  561.01(21), in a municipality that on the effective date of

29  this act has a population, according to the University of

30  Florida's Bureau of Economic and Business Research Estimates

31  of Population for 1998, of no fewer than 25,000 and no more


                                  2

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




    ENROLLED

    1999 Legislature                 CS for SB 1444, 2nd Engrossed



  1  than 35,000 residents and that is within a constitutionally

  2  chartered county may be issued a special license.  This

  3  special license shall allow the sale and consumption of

  4  alcoholic beverages only on the licensed premises of the hotel

  5  or motel.  In addition, the hotel or motel must derive at

  6  least 60 percent of its gross revenue from the rental of hotel

  7  or motel rooms and the sale of food and nonalcoholic

  8  beverages;, and which is listed on the National Register of

  9  Historic Places pursuant to the National Historic Preservation

10  Act of 1966, or is within and contributes to a registered

11  historic district pursuant to 26 U.S.C. s. 48(g)(3)(B), or has

12  been found to meet the criteria of historical significance of

13  the Division of Historical Resources of the Department of

14  State, as certified by that division or by a locally

15  established historic preservation board or commission, or like

16  body, which has been granted authority to designate

17  historically significant properties by the jurisdiction within

18  which the hotel or motel is located; provided that the

19  provisions of this subparagraph shall supersede local laws

20  requiring a greater number of hotel rooms;

21         2.  Any condominium accommodation of which no fewer

22  than 100 condominium units are wholly rentable to transients

23  and which is licensed under the provisions of chapter 509,

24  except that the license shall be issued only to the person or

25  corporation which operates the hotel or motel operation and

26  not to the association of condominium owners;

27         3.  Any condominium accommodation of which no fewer

28  than 50 condominium units are wholly rentable to transients,

29  which is licensed under the provisions of chapter 509, and

30  which is located in any county having home rule under s. 10 or

31  s. 11, Art. VIII of the State Constitution of 1885, as


                                  3

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




    ENROLLED

    1999 Legislature                 CS for SB 1444, 2nd Engrossed



  1  amended, and incorporated by reference in s. 6(e), Art. VIII

  2  of the State Constitution, except that the license shall be

  3  issued only to the person or corporation which operates the

  4  hotel or motel operation and not to the association of

  5  condominium owners; or

  6         4.  Any restaurant having 2,500 square feet of service

  7  area and equipped to serve 150 persons full course meals at

  8  tables at one time, and deriving at least 51 percent of its

  9  gross revenue from the sale of food and nonalcoholic

10  beverages; however, no restaurant granted a special license on

11  or after January 1, 1958, pursuant to general or special law

12  shall operate as a package store, nor shall intoxicating

13  beverages be sold under such license after the hours of

14  serving food have elapsed.  However, any license heretofore

15  issued to any such hotel, motel, motor court, or restaurant or

16  hereafter issued to any such hotel, motel, or motor court,

17  including a condominium accommodation, under the general law

18  shall not be moved to a new location, such license being valid

19  only on the premises of such hotel, motel, motor court, or

20  restaurant. Licenses issued to hotels, motels, motor courts,

21  or restaurants under the general law and held by such hotels,

22  motels, motor courts, or restaurants on May 24, 1947, shall be

23  counted in the quota limitation contained in subsection (1).

24  Any license issued for any hotel, motel, or motor court under

25  the provisions of this law shall be issued only to the owner

26  of the hotel, motel, or motor court or, in the event the

27  hotel, motel, or motor court is leased, to the lessee of the

28  hotel, motel, or motor court; and the license shall remain in

29  the name of the owner or lessee so long as the license is in

30  existence.  Any special license now in existence heretofore

31  issued under the provisions of this law cannot be renewed


                                  4

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




    ENROLLED

    1999 Legislature                 CS for SB 1444, 2nd Engrossed



  1  except in the name of the owner of the hotel, motel, motor

  2  court, or restaurant or, in the event the hotel, motel, motor

  3  court, or restaurant is leased, in the name of the lessee of

  4  the hotel, motel, motor court, or restaurant in which the

  5  license is located and must remain in the name of the owner or

  6  lessee so long as the license is in existence.  Any license

  7  issued under this section shall be marked "Special," and

  8  nothing herein provided shall limit, restrict, or prevent the

  9  issuance of a special license for any restaurant or motel

10  which shall hereafter meet the requirements of the law

11  existing immediately prior to the effective date of this act,

12  if construction of such restaurant has commenced prior to the

13  effective date of this act and is completed within 30 days

14  thereafter, or if an application is on file for such special

15  license at the time this act takes effect; and any such

16  licenses issued under this proviso may be annually renewed as

17  now provided by law.  Nothing herein prevents an application

18  for transfer of a license to a bona fide purchaser of any

19  hotel, motel, motor court, or restaurant by the purchaser of

20  such facility or the transfer of such license pursuant to law.

21         (b)  Any county in which special licenses were issued

22  under the provisions of s. 561.20(2)(b) in effect prior to the

23  effective date of this act shall continue to qualify for such

24  licenses pursuant to those provisions in effect prior to the

25  effective date of this act, and shall not be affected by the

26  provisions of paragraph (a), except that in such counties, any

27  restaurant located in a specialty center built on

28  governmentally owned land shall be subject to the provisions

29  of paragraph (a).

30         1.  A specialty center means any development having at

31  least 50,000 square feet of leasable area, containing


                                  5

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




    ENROLLED

    1999 Legislature                 CS for SB 1444, 2nd Engrossed



  1  restaurants, entertainment facilities, and specialty shops,

  2  and located adjacent to a navigable water body.  Alcoholic

  3  beverages sold for consumption on the premises by a vendor in

  4  a specialty center may be consumed within the specialty center

  5  but may not be removed from such premises.

  6         2.  A specialty center also means any enclosed

  7  development that has at least 170,000 square feet of leasable

  8  area that is under the dominion and physical control of the

  9  owner or manager of the enclosed development, containing

10  restaurants, entertainment facilities, specialty shops, and a

11  movie theater with at least 18 operating screens. Alcoholic

12  beverages sold for consumption on the premises by a vendor in

13  a specialty center may be consumed only in areas designated

14  pursuant to s. 561.01(11) and may not be removed from the

15  designated area.

16         (4)  The limitations herein prescribed shall not affect

17  or repeal any existing or future local or special act relating

18  to the limitation by population and exceptions or exemptions

19  from such limitation by population of such licenses within any

20  incorporated city or town or county that may be in conflict

21  herewith. Any license issued under a local or special act

22  relating to the limitation by population shall be subject to

23  all requirements and restrictions contained in the Beverage

24  Law that are applicable to licenses issued under subsection

25  (1).

26         Section 3.  Subsection (4) is added to section 267.081,

27  Florida Statutes, to read:

28         267.081  Publications.--It is the duty of the division

29  to:

30         (4)  Hold any moneys received from the sale of

31  publications by the division in the operating trust fund of


                                  6

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




    ENROLLED

    1999 Legislature                 CS for SB 1444, 2nd Engrossed



  1  the division or in a separate depository account in the name

  2  of a citizen-support organization formed pursuant to s. 267.17

  3  and subject to the provision of a letter of agreement with the

  4  division.

  5         Section 4.  This act shall take effect upon becoming a

  6  law.

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  7