House Bill 2281e2

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                                  CS/HB 2281, Second Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to the Department of Business

  3         and Professional Regulation; amending s.

  4         509.049, F.S.; revising language with respect

  5         to food service employee training; providing

  6         for a food service training certificate

  7         program; providing for approval of existing

  8         programs; providing for requests for

  9         competitive sealed proposals; requiring certain

10         food service employees to receive certification

11         by certain times certain; providing for time of

12         validity of certification; amending s. 509.291,

13         F.S.; revising the membership of the Hotel and

14         Restaurant Advisory Council; amending s.

15         561.01, F.S.; revising the definition of the

16         term "licensee" under the Beverage Law;

17         amending s. 561.17, F.S.; revising a provision

18         relating to license and registration

19         applications under the Beverage Law; amending

20         s. 561.181, F.S.; revising language with

21         respect to temporary initial licenses; amending

22         s. 561.20, F.S.; revising language with respect

23         to the limitation on the number of alcoholic

24         beverage licenses issued; creating a special

25         license category for caterers; providing

26         conditions for operation; providing for

27         adoption of rules; providing for deposit of

28         fees; amending s. 561.29, F.S.; revising

29         language with respect to the revocation and

30         suspension of licenses under the Beverage Law

31         to include another prohibition; amending s.


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                                  CS/HB 2281, Second Engrossed/ntc



  1         561.32, F.S.; revising a provision relating to

  2         the transfer of a license; prohibiting

  3         transfers of certain licenses under the

  4         Beverage Law; providing exceptions; providing

  5         for reversion to the state of certain licenses

  6         deemed abandoned; providing for transfer of

  7         certain licenses under certain circumstances;

  8         specifying fees for such transfers; amending s.

  9         561.331, F.S.; revising language with respect

10         to a temporary license issued upon application

11         for transfer, change of location, or change of

12         type or series; amending s. 565.05, F.S.;

13         providing an exception regarding the purchase

14         of alcoholic beverages by golf clubs; amending

15         s. 565.06, F.S.; authorizing the sale of

16         alcoholic beverages in certain individual

17         containers at golf clubs; providing an

18         effective date.

19

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

21

22         Section 1.  Section 509.049, Florida Statutes, is

23  amended to read:

24         509.049  Food service employee training.--The division

25  shall adopt, by rule, minimum food safety protection standards

26  for the training of all food service employees who are

27  responsible for the storage, preparation, display, or serving

28  of foods to the public in establishments regulated under this

29  chapter.  These standards shall not include an examination,

30  but shall provide for a food safety training certificate

31  program for food service employees to be administered by a


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  1  private nonprofit provider chosen by the division.  The

  2  division shall issue a request for competitive sealed

  3  proposals which includes a statement of the contractual

  4  services sought and all terms and conditions applicable to the

  5  contract.  The division shall award the contract to the

  6  provider whose proposal is determined in writing to be the

  7  most advantageous to the state, taking into consideration the

  8  price and the other criteria set forth in the request for

  9  proposals.  The division shall contract with a provider on a

10  4-year basis and is authorized to promulgate by rule a per

11  employee fee to cover the contracted price for the program

12  administered by the provider.  In making its selection, the

13  division shall consider factors including, but not limited to,

14  the experience and history of the provider in representing the

15  food service industry, the provider's demonstrated commitment

16  to food safety, and its ability to provide a statewide program

17  with industry support and participation. Any food safety

18  training program established and administered to food handler

19  employees utilized at a public food service establishment

20  prior to the effective date of this act shall be submitted by

21  the operator to the division for its review and approval.  If

22  the food safety training program is approved by the division,

23  nothing in this section shall preclude any other operator of a

24  food service establishment from also utilizing the approved

25  program or require the employees of any operator to receive

26  training from or pay a fee to the division's contracted

27  provider.  Review and approval by the division of a program or

28  programs under this section shall include, but not be limited

29  to, the minimum food safety standards adopted by the division

30  in accordance with this section or certification.  It shall be

31  the duty of the licensee of the public food service


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                                  CS/HB 2281, Second Engrossed/ntc



  1  establishment to provide training in accordance with the

  2  described rule to all employees under the licensee's

  3  supervision or control.  The licensee may designate a

  4  certified food service manager to perform this function as an

  5  agent of the licensee. Food service employees must receive

  6  certification pursuant to this section by January 1, 2001.

  7  Food service employees hired after November 1, 2000, must

  8  receive certification within 60 days after employment.

  9  Certification pursuant to this section shall remaion valid for

10  3 years.

11         Section 2.  Subsection (1) of section 509.291, Florida

12  Statutes, is amended to read:

13         509.291  Advisory council.--

14         (1)  There is created a 10-member an 18-member advisory

15  council.

16         (a)  The Secretary of Business and Professional

17  Regulation shall appoint five 11 voting members to the

18  advisory council. Each member appointed by the secretary must

19  be an operator of an establishment licensed under this chapter

20  and shall represent the industries regulated by the division,

21  except that one member appointed by the secretary must be a

22  layperson and shall represent the general public. Such members

23  of the council shall serve staggered terms of 4 years.

24         (b)  The division, the Department of Health, The

25  Florida Hotel and Motel Association, the Florida Restaurant

26  Association, the Florida Apartment Association, and the

27  Florida Association of Realtors shall each designate one

28  representative to serve as a voting member of the council, and

29  one member appointed by the secretary must be appointed to

30  represent nontransient public lodging establishments.  In

31  addition, one hospitality administration educator from an


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  1  institution of higher education affiliated with the

  2  Hospitality Education Program pursuant to s. 509.302(2) shall

  3  serve for a term of 2 years as a voting member of the council.

  4  This single representative shall be designated on a rotating

  5  basis by the institution or institutions of higher education

  6  affiliated with this program pursuant to s. 509.302(2).

  7         (c)  Any member who fails to attend three consecutive

  8  council meetings without good cause may be removed from the

  9  council by the secretary.

10         Section 3.  Subsection (14) of section 561.01, Florida

11  Statutes, is amended to read:

12         561.01  Definitions.--As used in the Beverage Law:

13         (14)  "Licensee," "applicant," or "person" means a

14  legal or business entity, person, or persons that hold a

15  license issued by the division and meet the qualifications set

16  forth in s. 561.15 an individual, corporation, firm,

17  partnership, limited partnership, incorporated association,

18  unincorporated association, professional association, or other

19  legal or commercial entity; a combination of such entities; or

20  any such entity having a financial interest, directly or

21  indirectly, in another such entity.

22         Section 4.  Subsection (1) of section 561.17, Florida

23  Statutes, is amended to read:

24         561.17  License and registration applications; approved

25  person.--

26         (1)  Any person, before engaging in the business of

27  manufacturing, bottling, distributing, selling, or in any way

28  dealing in alcoholic beverages, shall file, with the district

29  licensing personnel supervisor of the district of the division

30  in which the place of business for which a license is sought

31  is located, a sworn application in duplicate on forms provided


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                                  CS/HB 2281, Second Engrossed/ntc



  1  to the district licensing personnel supervisor by the

  2  division. The applicant must be a legal or business entity,

  3  person, or persons and must include all persons, officers,

  4  shareholders, and directors of such legal or business entity

  5  that have a direct or indirect interest in the business

  6  seeking to be licensed under this part. However, the applicant

  7  does not include any person that derives revenue from the

  8  license solely through a contractual relationship with the

  9  licensee, the substance of which contractual relationship is

10  not related to the control of the sale of alcoholic beverages.

11  Prior to any application being approved, the division may

12  require the applicant to file a set of fingerprints on regular

13  United States Department of Justice forms for herself or

14  himself and for any person or persons interested directly or

15  indirectly with the applicant in the business for which the

16  license is being sought, when so required by the division.  If

17  the applicant or any person who is interested with the

18  applicant either directly or indirectly in the business or who

19  has a security interest in the license being sought or has a

20  right to a percentage payment from the proceeds of the

21  business, either by lease or otherwise, is not qualified, the

22  application shall be denied by the division.  However, any

23  company regularly traded on a national securities exchange and

24  not over the counter; any insurer, as defined in the Florida

25  Insurance Code; or any bank or savings and loan association

26  chartered by this state, another state, or the United States

27  which has an interest, directly or indirectly, in an alcoholic

28  beverage license shall not be required to obtain division

29  approval of its officers, directors, or stockholders or any

30  change of such positions or interests.  A shopping center with

31  five or more stores, one or more of which has an alcoholic


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  1  beverage license and is required under a lease common to all

  2  shopping center tenants to pay no more than 10 percent of the

  3  gross proceeds of the business holding the license to the

  4  shopping center, shall not be considered as having an

  5  interest, directly or indirectly, in the license.

  6         Section 5.  Section 561.181, Florida Statutes, is

  7  amended to read:

  8         561.181  Temporary initial licenses.--

  9         (1)(a)  When any person has filed a properly completed

10  application which does not on its face disclose any reason for

11  denying an alcoholic beverage license, the division shall

12  issue to such person a temporary initial license of the same

13  type and series for which the application has been submitted,

14  to be valid for all purposes under the Beverage Law, except as

15  provided in paragraph (b).

16         (b)  A license issued under this section entitles a

17  vendor to purchase alcoholic beverages for cash only.  This

18  paragraph does not apply:

19         1.  If the entity holding the temporary initial license

20  is also the holder of a beverage license authorizing the

21  purchase of the same type of alcoholic beverages as is

22  authorized under the temporary license.

23         2.  To purchases made as part of a single-transaction

24  cooperative purchase placed by a pool buying agent.

25         (2)  The temporary initial license shall be valid until

26  the application is denied or until 14 days after the

27  application is approved.

28         (2)(3)  A temporary initial license shall expire and

29  shall not be continued or extended beyond the date the

30  division denies the application for license, beyond 14 days

31  after the date the division approves the application for


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  1  license, or beyond the date the applicant pays the license fee

  2  for and the division issues the license applied for, or beyond

  3  the date the temporary initial license otherwise expires by

  4  law, whichever date occurs first. If the department issues a

  5  notice of intent to deny the license application for failure

  6  of the applicant to disclose the information required by s.

  7  561.15(2) or (4), the initial temporary license expires and

  8  shall not be extended during any proceeding for administrative

  9  or judicial review pursuant to chapter 120.

10         (3)(4)  Each applicant seeking a temporary initial

11  license shall pay to the division for such license a fee equal

12  to one-fourth of the annual license fee for the type and

13  series of license being applied for or $100, whichever is

14  greater, which fee shall be deposited into the General Revenue

15  Fund.

16         Section 6.  Subsection (1) and paragraph (a) of

17  subsection (2) of section 561.20, Florida Statutes, are

18  amended to read:

19         561.20  Limitation upon number of licenses issued.--

20         (1)  No license under s. 565.02(1)(a)-(f), inclusive,

21  shall be issued so that the number of such licenses within the

22  limits of the territory of any county exceeds one such license

23  to each 7,500 5,000 residents within such county.  Regardless

24  of the number of quota licenses issued prior to October 1,

25  2000 1992, on and after that date, a new license under s.

26  565.02(1)(a)-(f), inclusive, shall be issued for each

27  population increase of 7,500 5,000 residents above the number

28  of residents who resided in the county according to the April

29  1, 1999 1991, Florida Estimate of Population as published by

30  the Bureau of Economic and Business Research at the University

31  of Florida, and thereafter, based on the last regular


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  1  population estimate prepared pursuant to s. 186.901, for such

  2  county.  Such population estimates shall be the basis for

  3  annual license issuance regardless of any local acts to the

  4  contrary. However, such limitation shall not prohibit the

  5  issuance of at least three licenses in any county that may

  6  approve the sale of intoxicating liquors in such county.

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

  8  herein provided shall henceforth prohibit the issuance of a

  9  special license to:

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

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

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

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

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

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

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

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

18  licensed as a public lodging establishment by the Division of

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

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

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

22  561.01(21), in a municipality that on the effective date of

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

24  Florida's Bureau of Economic and Business Research Estimates

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

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

27  chartered county may be issued a special license. This special

28  license shall allow the sale and consumption of alcoholic

29  beverages only on the licensed premises of the hotel or motel.

30  In addition, the hotel or motel must derive at least 60

31  percent of its gross revenue from the rental of hotel or motel


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  1  rooms and the sale of food and nonalcoholic beverages;

  2  provided that the provisions of this subparagraph shall

  3  supersede local laws requiring a greater number of hotel

  4  rooms;

  5         2.  Any condominium accommodation of which no fewer

  6  than 100 condominium units are wholly rentable to transients

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

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

  9  corporation which operates the hotel or motel operation and

10  not to the association of condominium owners;

11         3.  Any condominium accommodation of which no fewer

12  than 50 condominium units are wholly rentable to transients,

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

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

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

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

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

18  issued only to the person or corporation which operates the

19  hotel or motel operation and not to the association of

20  condominium owners; or

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

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

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

24  gross revenue from the sale of food and nonalcoholic

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

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

27  shall operate as a package store, nor shall intoxicating

28  beverages be sold under such license after the hours of

29  serving food have elapsed; or.

30         5.  Any caterer, deriving at least 51 percent of its

31  gross revenue from the sale of food and nonalcoholic


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                                  CS/HB 2281, Second Engrossed/ntc



  1  beverages, licensed by the Division of Hotels and Restaurants

  2  under chapter 509. Notwithstanding any other provision of law

  3  to the contrary, a licensee under this subparagraph shall sell

  4  or serve alcoholic beverages only for consumption on the

  5  premises of a catered event at which the licensee is also

  6  providing prepared food, and shall prominently display its

  7  license at any catered event at which the caterer is selling

  8  or serving alcoholic beverages. A licensee under this

  9  subparagraph shall purchase all alcoholic beverages it sells

10  or serves at a catered event from a vendor licensed under s.

11  563.02(1), s. 564.02(1), or licensed under s. 565.02(1)

12  subject to the limitation imposed in s. 561.20(1), as

13  appropriate. A licensee under this subparagraph may not store

14  any alcoholic beverages to be sold or served at a catered

15  event. Any alcoholic beverages purchased by a licensee under

16  this subparagraph for a catered event that are not used at

17  that event must remain with the customer; provided that if the

18  vendor accepts unopened alcoholic beverages, the licensee may

19  return such alcoholic beverages, to the vendor for a credit or

20  reimbursement. Regardless of the county or counties in which

21  the licensee operates, a licensee under this subparagraph

22  shall pay the annual state license tax set forth in s.

23  565.02(1)(b). A licensee under this subparagraph must maintain

24  for a period of 3 years all records required by the department

25  by rule to demonstrate compliance with the requirements of

26  this subparagraph, including licensed vendor receipts for the

27  purchase of alcoholic beverages and records identifying each

28  customer and the location and date of each catered event.

29  Notwithstanding any provision of law to the contrary, any

30  vendor licensed under s. 565.02(1) subject to the limitation

31  imposed in s. 561.20(1), may, without any additional licensure


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  1  under this subparagraph, serve or sell alcoholic beverages for

  2  consumption on the premises of a catered event at which

  3  prepared food is provided by a caterer licensed under chapter

  4  509. If a licensee under this subparagraph also possesses any

  5  other license under the Beverage Law, the license issued under

  6  this subparagraph shall not authorize the holder to conduct

  7  activities on the premises to which the other license or

  8  licenses apply that would otherwise be prohibited by the terms

  9  of that license or the Beverage Law.  Nothing in this section

10  shall permit the licensee to conduct activities that are

11  otherwise prohibited by the Beverage Law or local law.  The

12  Division of Alcoholic Beverages and Tobacco is hereby

13  authorized to adopt rules to administer the license created in

14  this subparagraph, to include rules governing licensure,

15  recordkeeping, and enforcement.  The first $300,000 in fees

16  collected by the division each fiscal year pursuant to this

17  subparagraph shall be deposited in the Department of Children

18  and Family Services' Operations and Maintenance Trust Fund to

19  be used only for alcohol and drug abuse education, treatment,

20  and prevention programs.  The remainder of the fees collected

21  shall be deposited into the Hotel and Restaurant Trust Fund

22  created pursuant to s. 509.072.

23

24  However, any license heretofore issued to any such hotel,

25  motel, motor court, or restaurant or hereafter issued to any

26  such hotel, motel, or motor court, including a condominium

27  accommodation, under the general law shall not be moved to a

28  new location, such license being valid only on the premises of

29  such hotel, motel, motor court, or restaurant. Licenses issued

30  to hotels, motels, motor courts, or restaurants under the

31  general law and held by such hotels, motels, motor courts, or


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  1  restaurants on May 24, 1947, shall be counted in the quota

  2  limitation contained in subsection (1).  Any license issued

  3  for any hotel, motel, or motor court under the provisions of

  4  this law shall be issued only to the owner of the hotel,

  5  motel, or motor court or, in the event the hotel, motel, or

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

  7  motor court; and the license shall remain in the name of the

  8  owner or lessee so long as the license is in existence. Any

  9  special license now in existence heretofore issued under the

10  provisions of this law cannot be renewed except in the name of

11  the owner of the hotel, motel, motor court, or restaurant or,

12  in the event the hotel, motel, motor court, or restaurant is

13  leased, in the name of the lessee of the hotel, motel, motor

14  court, or restaurant in which the license is located and must

15  remain in the name of the owner or lessee so long as the

16  license is in existence.  Any license issued under this

17  section shall be marked "Special," and nothing herein provided

18  shall limit, restrict, or prevent the issuance of a special

19  license for any restaurant or motel which shall hereafter meet

20  the requirements of the law existing immediately prior to the

21  effective date of this act, if construction of such restaurant

22  has commenced prior to the effective date of this act and is

23  completed within 30 days thereafter, or if an application is

24  on file for such special license at the time this act takes

25  effect; and any such licenses issued under this proviso may be

26  annually renewed as now provided by law.  Nothing herein

27  prevents an application for transfer of a license to a bona

28  fide purchaser of any hotel, motel, motor court, or restaurant

29  by the purchaser of such facility or the transfer of such

30  license pursuant to law.

31


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  1         Section 7.  Paragraph (k) is added to subsection (1) of

  2  section 561.29, Florida Statutes, to read:

  3         561.29  Revocation and suspension of license; power to

  4  subpoena.--

  5         (1)  The division is given full power and authority to

  6  revoke or suspend the license of any person holding a license

  7  under the Beverage Law, when it is determined or found by the

  8  division upon sufficient cause appearing of:

  9         (k)  Failure by the holder of any license issued under

10  the Beverage Law to comply with a stipulation, consent order,

11  or final order.

12         Section 8.  Subsection (5) of section 561.32, Florida

13  Statutes, is amended, and subsection (6) is added to said

14  section, to read:

15         561.32  Transfer of licenses; change of officers or

16  directors; transfer of interest.--

17         (5)  The division shall waive the transfer fee and the

18  delinquent penalties, but not the license renewal fee, when

19  the transfer of an interest in an alcoholic beverage license

20  occurs by operation of law because of a death, judicial

21  proceedings, court appointment of a fiduciary, foreclosure or

22  forced judicial sale, bankruptcy proceedings, or seizure of a

23  license by a government agency.

24         (6)(a)  Notwithstanding any other provision of law,

25  except as provided in paragraph (b), any license issued after

26  October 1, 2000, under s. 561.20(1) shall not be transferable

27  in any manner, directly or indirectly, including by any change

28  in stock, partnership shares, or other form of ownership of

29  any entity holding the license, except by probate or

30  guardianship proceedings. Any attempted assignment, sale, or

31  transfer of interest in such license, directly or indirectly,


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  1  in violation of this provision is hereby declared void and the

  2  license shall be deemed abandoned and shall revert to the

  3  state to be issued in the manner provided by law for issuance

  4  of new licenses.

  5         (b)  A license issued after October 1, 2000, under s.

  6  561.20(1) may be transferred as provided by law only upon

  7  payment to the division of a transfer fee in an amount equal

  8  to fifty times the annual license fee specified in s.

  9  565.02(1)(b)-(f) in the county in which the license is valid.

10  However, if the county is only authorized for the issuance of

11  a liquor license for package sales only, the transfer fee

12  shall be an amount equal to fifty times the annual license fee

13  specified in s. 565.02(1)(a). The transfer fee provided for in

14  this paragraph shall be in addition to any other transfer fee

15  provided by paragraph (3)(a).

16         Section 9.  Section 561.331, Florida Statutes, is

17  amended to read:

18         561.331  Temporary license upon application for

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

20         (1)  Upon the filing of a properly completed

21  application for transfer pursuant to s. 561.32, which

22  application does not on its face disclose any reason for

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

24  business which possesses a beverage license of any type or

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

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

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

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

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

30  the application is denied or until 14 days after the

31  application is approved. Such temporary beverage license shall


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

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

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

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

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

  6  except that purchases of alcoholic beverages during the term

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

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

  9  holding a temporary license pursuant to this section purchases

10  alcoholic beverages as part of a single-transaction

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

12  entity is also the holder of a state beverage license

13  authorizing the purchase of the same type of alcoholic

14  beverages as authorized under the temporary license.

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

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

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

18  application does not on its face disclose any reason for

19  denying an alcoholic beverage license, the licensee is

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

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

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

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

24  application is approved.  Such temporary license shall be

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

26  application for change of location is made without the payment

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

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

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

30  are provided by law.

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                                  CS/HB 2281, Second Engrossed/ntc



  1         (3)  Upon the filing of a properly completed

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

  3  by any qualified licensee having a beverage license of any

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

  5  disclose any reason for denying an alcoholic beverage license,

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

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

  8  which temporary license is valid for all purposes under the

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

10  after the application is approved.  Such temporary license

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

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

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

14  application for failure of the applicant to disclose the

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

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

17  series expires and shall not be extended during any proceeding

18  for administrative or judicial review pursuant to chapter 120.

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

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

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

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

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

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

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

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

27  a temporary license under this subsection is subject to the

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

29  licensee as are provided by law.

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

31  permit the transfer or issuance of temporary licenses contrary


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                                  CS/HB 2281, Second Engrossed/ntc



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

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

  3         Section 10.  Section 565.05, Florida Statutes, is

  4  amended to read:

  5         565.05  Purchase of distilled spirits by licensed

  6  clubs; size of individual containers.--It is unlawful for any

  7  person holding a license as a club for the sale of distilled

  8  spirits to purchase any of said distilled spirits in

  9  individual containers larger than 1.75 liters or 59.18 ounces,

10  or smaller than 0.50 liter or 16.9 ounces, except for golf

11  clubs licensed pursuant to s. 561.20(7)(b), which may purchase

12  50 milliliter or 1.7 ounce containers.

13         Section 11.  Section 565.06, Florida Statutes, is

14  amended to read:

15         565.06  Clubs to sell only individual drinks.--It is

16  unlawful for any person holding a license as a club for the

17  sale of intoxicating liquors and beverages to sell the same

18  except by the individual drink. However, golf clubs licensed

19  pursuant to s. 561.20(7)(b) may sell individual containers of

20  50 milliliters or 1.7 ounces for consumption on the premises

21  only.

22         Section 12.  This act shall take effect July 1, 2000.

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