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





                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2281

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on General Government Appropriations offered the

12  following:

13

14         Amendment 

15         On page 14, line 19 through page 17, line 27

16  remove from the bill:  all of said lines

17

18  and insert in lieu thereof:

19         Section 9.  Section 561.331, Florida Statutes, is

20  amended to read:

21         561.331  Temporary license upon application for

22  transfer, change of location, or change of type or series.--

23         (1)  Upon the filing of a properly completed

24  application for transfer pursuant to s. 561.32, which

25  application does not on its face disclose any reason for

26  denying an alcoholic beverage license, by any purchaser of a

27  business which possesses a beverage license of any type or

28  series, the purchaser of such business and the applicant for

29  transfer are entitled as a matter of right to receive a

30  temporary beverage license of the same type and series as that

31  held by the seller of such business.  The temporary license

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2281

    Amendment No.     (for drafter's use only)





 1  will be valid for all purposes under the Beverage Law until

 2  the application is denied or until 14 days after the

 3  application is approved. Such temporary beverage license shall

 4  be issued by the district supervisor of the district in which

 5  the application for transfer is made upon the payment of a fee

 6  of $100. A purchaser operating under the provisions of this

 7  subsection is subject to the same rights, privileges, duties,

 8  and limitations of a beverage licensee as are provided by law,

 9  except that purchases of alcoholic beverages during the term

10  of such temporary license shall be for cash only. However,

11  such cash-only restriction does not apply if the entity

12  holding a temporary license pursuant to this section purchases

13  alcoholic beverages as part of a single-transaction

14  cooperative purchase placed by a pool buying agent or if such

15  entity is also the holder of a state beverage license

16  authorizing the purchase of the same type of alcoholic

17  beverages as authorized under the temporary license.

18         (2)  Upon the filing of an application for change of

19  location pursuant to s. 561.33 by any qualified licensee who

20  possesses a beverage license of any type or series, which

21  application does not on its face disclose any reason for

22  denying an alcoholic beverage license, the licensee is

23  entitled as a matter of right to receive a temporary beverage

24  license of the same series as that license held by the

25  licensee to be valid for all purposes under the Beverage Law

26  until the application is denied or until 14 days after the

27  application is approved.  Such temporary license shall be

28  issued by the district supervisor of the district in which the

29  application for change of location is made without the payment

30  of any further fee or tax.  A licensee operating under the

31  provisions of this subsection is subject to the same rights,

                                  2

    File original & 9 copies    04/26/00
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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2281

    Amendment No.     (for drafter's use only)





 1  privileges, duties, and limitations of a beverage licensee as

 2  are provided by law.

 3         (3)  Upon the filing of a properly completed

 4  application to change the type or series of a beverage license

 5  by any qualified licensee having a beverage license of any

 6  type or series, which application does not on its face

 7  disclose any reason for denying an alcoholic beverage license,

 8  the licensee is entitled as a matter of right to receive a

 9  temporary beverage license of the type or series applied for,

10  which temporary license is valid for all purposes under the

11  Beverage Law until the application is denied or until 14 days

12  after the application is approved.  Such temporary license

13  shall be issued by the district supervisor of the district in

14  which the application for change of type or series is made. If

15  the department issues a notice of intent to deny the license

16  application for failure of the applicant to disclose the

17  information required by s. 561.15(2) or (4), the temporary

18  license for transfer, change of location, or change of type of

19  series expires and shall not be extended during any proceeding

20  for administrative or judicial review pursuant to chapter 120.

21  If the fee for the type or series or license applied for is

22  greater than the fee for the license then held by the

23  applicant, the applicant for such temporary license must pay a

24  fee in the amount of $100 or one-fourth of the difference

25  between the fees, whichever amount is greater.  A fee is not

26  required for an application for a temporary license of a type

27  or series for which the fee is the same as or less than the

28  fee for the license then held by the applicant. The holder of

29  a temporary license under this subsection is subject to the

30  same rights, privileges, duties, and limitations of a beverage

31  licensee as are provided by law.

                                  3

    File original & 9 copies    04/26/00
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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 2281

    Amendment No.     (for drafter's use only)





 1         (4)  Nothing in this section shall be construed to

 2  permit the transfer or issuance of temporary licenses contrary

 3  to the county-by-county limitation on the number of such

 4  licenses based on population as provided in s. 561.20(1).

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    File original & 9 copies    04/26/00
    hap0019                     09:29 pm         02281-gg  -094813