Senate Bill 2542e1

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  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; amending s.

10         509.291, F.S.; revising the membership of the

11         Hotel and Restaurant Advisory Council; amending

12         s. 561.01, F.S.; revising the definition of the

13         term "licensee" under the Beverage Law;

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

15         relating to license and registration

16         applications under the Beverage Law; amending

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

18         to the limitation on the number of alcoholic

19         beverage licenses issued; creating a special

20         license category for caterers; providing

21         conditions for operation; providing for

22         adoption of rules; amending s. 561.29, F.S.;

23         revising language with respect to the

24         revocation and suspension of licenses under the

25         Beverage Law to include another prohibition;

26         amending s. 561.32, F.S.; revising provisions

27         relating to transfer of a license under the

28         Beverage Law; revising a provision relating to

29         the transfer of a license; amending s. 565.05,

30         F.S.; providing an exception regarding the

31         purchase of alcoholic beverages by golf clubs;


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  1         amending s. 565.06, F.S.; authorizing the sale

  2         of alcoholic beverages in certain individual

  3         containers at golf clubs; amending s. 561.181,

  4         F.S.; revising provisions relating to the

  5         duration of temporary initial licenses;

  6         amending s. 561.331, F.S.; revising provisions

  7         relating to the duration of temporary transfer

  8         licenses; providing an effective date.

  9

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

11

12         Section 1.  Section 509.049, Florida Statutes, is

13  amended to read:

14         509.049  Food service employee training.--The division

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

16  for the training of all food service employees who are

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

18  of foods to the public in establishments regulated under this

19  chapter.  These standards shall not include an examination,

20  but shall provide for a food safety training certificate

21  program for food service employees to be administered by a

22  private nonprofit provider chosen by the division.  The

23  division shall issue a request for competitive sealed

24  proposals which includes a statement of the contractual

25  services sought and all terms and conditions applicable to the

26  contract.  The division shall award the contract to the

27  provider whose proposal is determined in writing to be the

28  most advantageous to the state, taking into consideration the

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

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

31  4-year basis and is authorized to promulgate by rule a per


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  1  employee fee to cover the contracted price for the program

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

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

  4  the experience and history of the provider in representing the

  5  food service industry, the provider's demonstrated commitment

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

  7  with industry support and participation. Any food safety

  8  training program established and administered to food handler

  9  employees utilized at a public food service establishment

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

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

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

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

14  food service establishment from also utilizing the approved

15  program or require the employees of any operator to receive

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

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

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

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

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

21  the duty of the licensee of the public food service

22  establishment to provide training in accordance with the

23  described rule to all employees under the licensee's

24  supervision or control.  The licensee may designate a

25  certified food service manager to perform this function as an

26  agent of the licensee. Food service employees must receive

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

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

29  receive certification within 60 days after employment.

30  Certification pursuant to this section remains valid for 3

31  years.


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

  2  Statutes, is amended to read:

  3         509.291  Advisory council.--

  4         (1)  There is created a ten-member an 18-member

  5  advisory council.

  6         (a)  The Secretary of Business and Professional

  7  Regulation shall appoint five 11 voting members to the

  8  advisory council. Each member appointed by the secretary must

  9  be an operator of an establishment licensed under this chapter

10  and shall represent the industries regulated by the division,

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

12  layperson and shall represent the general public. Such members

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

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

15  Florida Hotel and Motel Association, the Florida Restaurant

16  Association, the Florida Apartment Association, and the

17  Florida Association of Realtors shall each designate one

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

19  one member appointed by the secretary must be appointed to

20  represent nontransient public lodging establishments.  In

21  addition, one hospitality administration educator from an

22  institution of higher education affiliated with the

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

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

25  This single representative shall be designated on a rotating

26  basis by the institution or institutions of higher education

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

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

29  council meetings without good cause may be removed from the

30  council by the secretary.

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

  2  Statutes, is amended to read:

  3         561.01  Definitions.--As used in the Beverage Law:

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

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

  6  license issued by the division and meet the qualifications set

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

  8  partnership, limited partnership, incorporated association,

  9  unincorporated association, professional association, or other

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

11  any such entity having a financial interest, directly or

12  indirectly, in another such entity.

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

14  Statutes, is amended to read:

15         561.17  License and registration applications; approved

16  person.--

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

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

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

20  licensing personnel supervisor of the district of the division

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

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

23  to the district licensing personnel supervisor by the

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

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

26  shareholders, and directors of such legal or business entity

27  that have a direct or indirect interest in the business

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

29  does not include any person that derives revenue from the

30  license solely through a contractual relationship with the

31  licensee, the substance of which contractual relationship is


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

  2  Prior to any application being approved, the division may

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

  4  United States Department of Justice forms for herself or

  5  himself and for any person or persons interested directly or

  6  indirectly with the applicant in the business for which the

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

  8  the applicant or any person who is interested with the

  9  applicant either directly or indirectly in the business or who

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

11  right to a percentage payment from the proceeds of the

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

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

14  company regularly traded on a national securities exchange and

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

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

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

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

19  beverage license shall not be required to obtain division

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

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

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

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

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

25  gross proceeds of the business holding the license to the

26  shopping center, shall not be considered as having an

27  interest, directly or indirectly, in the license.

28         Section 5.  Subsection (1) and paragraph (a) of

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

30  amended to read:

31         561.20  Limitation upon number of licenses issued.--


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

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

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

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

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

  6  2000 1992, on and after that date, a new license under s.

  7  565.02(1)(a)-(f), inclusive, shall be issued for each

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

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

10  1, 1999 1991, Florida Estimate of Population as published by

11  the Bureau of Economic and Business Research at the University

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

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

14  county.  Such population estimates shall be the basis for

15  annual license issuance regardless of any local acts to the

16  contrary. However, such limitation shall not prohibit the

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

18  approve the sale of intoxicating liquors in such county.

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

20  herein provided shall henceforth prohibit the issuance of a

21  special license to:

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

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

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

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

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

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

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

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

30  licensed as a public lodging establishment by the Division of

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


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

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

  3  561.01(21), in a municipality that on the effective date of

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

  5  Florida's Bureau of Economic and Business Research Estimates

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

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

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

  9  license shall allow the sale and consumption of alcoholic

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

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

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

13  rooms and the sale of food and nonalcoholic beverages;

14  provided that the provisions of this subparagraph shall

15  supersede local laws requiring a greater number of hotel

16  rooms;

17         2.  Any condominium accommodation of which no fewer

18  than 100 condominium units are wholly rentable to transients

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

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

21  corporation which operates the hotel or motel operation and

22  not to the association of condominium owners;

23         3.  Any condominium accommodation of which no fewer

24  than 50 condominium units are wholly rentable to transients,

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

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

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

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

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

30  issued only to the person or corporation which operates the

31


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  1  hotel or motel operation and not to the association of

  2  condominium owners; or

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

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

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

  6  gross revenue from the sale of food and nonalcoholic

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

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

  9  shall operate as a package store, nor shall intoxicating

10  beverages be sold under such license after the hours of

11  serving food have elapsed; or.

12         5.  Any caterer deriving at least 51 percent of its

13  gross revenue from the sale of food and nonalcoholic beverages

14  licensed by the Division of Hotels and Restaurants under

15  chapter 509. Notwithstanding any other provision of law to the

16  contrary, a licensee under this subparagraph shall sell or

17  serve alcoholic beverages only for consumption on the premises

18  of a catered event at which the licensee is also providing

19  prepared food, and shall prominently display its license at

20  any catered event at which the caterer is selling or serving

21  alcoholic beverages. A licensee under this subparagraph shall

22  purchase all alcoholic beverages it sells or serves at a

23  catered event from a vendor licensed under s. 563.02(1) or s.

24  564.02(1), or licensed under s. 565.02(1) subject to the

25  limitation imposed in s. 561.20(1), as appropriate. A licensee

26  under this subparagraph may not store any alcoholic beverages

27  to be sold or served at a catered event. Any alcoholic

28  beverages purchased by a licensee under this subparagraph for

29  a catered event that are not used at that event must remain

30  with the customer; provided that if the vendor accepts

31  unopened alcoholic beverages, the licensee may return such


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  1  alcoholic beverages, to the vendor for a credit or

  2  reimbursement. Regardless of the county or counties in which

  3  the licensee operates, a licensee under this subparagraph

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

  5  565.02(1)(b). A licensee under this subparagraph must maintain

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

  7  by rule to demonstrate compliance with the requirements of

  8  this subparagraph, including licensed vendor receipts for the

  9  purchase of alcoholic beverages and records identifying each

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

11  Notwithstanding any provision of law to the contrary, any

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

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

14  under this subparagraph, serve or sell alcoholic beverages for

15  consumption on the premises of a catered event at which

16  prepared food is provided by a caterer licensed under chapter

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

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

19  this subparagraph shall not authorize the holder to conduct

20  activities on the premises to which the other license or

21  licenses apply that would otherwise be prohibited by the terms

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

23  shall permit the licensee to conduct activities that are

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

25  Division of Alcoholic Beverages and Tobacco is hereby

26  authorized to adopt rules to administer the license created in

27  this subparagraph, to include rules governing licensure,

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

29  collected by the division each fiscal year pursuant to this

30  subparagraph shall be deposited in the Department of Children

31  and Family Services' Operations and Maintenance Trust Fund to


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

  2  and prevention programs. The remainder of the fees collected

  3  shall be deposited into the Hotel and Restaurant Trust Fund

  4  created pursuant to s. 509.072.

  5

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

22  special license now in existence heretofore issued under the

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

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

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

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

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

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

29  license is in existence.  Any license issued under this

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

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


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  1  license for any restaurant or motel which shall hereafter meet

  2  the requirements of the law existing immediately prior to the

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

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

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

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

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

  8  annually renewed as now provided by law.  Nothing herein

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

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

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

12  license pursuant to law.

13         Section 6.  Paragraph (k) is added to subsection (1) of

14  section 561.29, Florida Statutes, to read:

15         561.29  Revocation and suspension of license; power to

16  subpoena.--

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

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

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

20  division upon sufficient cause appearing of:

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

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

23  or final order.

24         Section 7.  Present subsection (5) of section 561.32,

25  Florida Statutes, is renumbered as subsection (6) and amended,

26  and a new subsection (5) is added to that section, to read:

27         561.32  Transfer of licenses; change of officers or

28  directors; transfer of interest.--

29         (5)(a)  Notwithstanding any other provision of law,

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

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


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  1  in any manner either directly or indirectly, including by any

  2  change in stock, partnership shares, or other form of

  3  ownership of any entity holding the license, except by probate

  4  or guardianship proceedings. Any attempted assignment, sale,

  5  or transfer of interest in such license either directly or

  6  indirectly in violation of this provision is declared void,

  7  and the license shall be deemed abandoned and shall revert to

  8  the state to be issued in the manner provided by law for

  9  issuance of new licenses.

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

11  561.20(1) may be transferred as provided by law only upon

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

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

14  565.02(1)(b)-(f) in the county in which the license is valid.

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

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

17  shall be in an amount equal to fifty times the annual license

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

19  for in this paragraph shall be in addition to any other

20  transfer fee provided by paragraph (3)(a) of this section.

21         (6)(5)  The division shall waive the transfer fee and

22  the delinquent penalties, but not the license renewal fee,

23  when the transfer of an interest in an alcoholic beverage

24  license occurs by operation of law because of a death,

25  judicial proceedings, court appointment of a fiduciary,

26  foreclosure or forced judicial sale, bankruptcy proceedings,

27  or seizure of a license by a government agency.

28         Section 8.  Section 565.05, Florida Statutes, is

29  amended to read:

30         565.05  Purchase of distilled spirits by licensed

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


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

  2  spirits to purchase any of said distilled spirits in

  3  individual containers larger than 1.75 liters or 59.18 ounces,

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

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

  6  50 milliliter or 1.7 ounce containers.

  7         Section 9.  Section 565.06, Florida Statutes, is

  8  amended to read:

  9         565.06  Clubs to sell only individual drinks.--It is

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

11  sale of intoxicating liquors and beverages to sell the same

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

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

14  50 milliliters or 1.7 ounces for consumption on the premises

15  only.

16         Section 10.  Section 561.181, Florida Statutes, is

17  amended to read:

18         561.181  Temporary initial licenses.--

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

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

21  denying an alcoholic beverage license, the division shall

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

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

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

25  provided in paragraph (b).

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

27  vendor to purchase alcoholic beverages for cash only.  This

28  paragraph does not apply:

29         1.  If the entity holding the temporary initial license

30  is also the holder of a beverage license authorizing the

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  1  purchase of the same type of alcoholic beverages as is

  2  authorized under the temporary license.

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

  4  cooperative purchase placed by a pool buying agent.

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

  6  the application is denied or until 14 days after the

  7  application is approved.

  8         (2)(3)  A temporary initial license shall expire and

  9  shall not be continued or extended beyond the date the

10  division denies the application for license, beyond 14 days

11  after the date the division approves the application for

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

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

14  the date the temporary initial license otherwise expires by

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

16  notice of intent to deny the license application for failure

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

18  561.15(2) or (4), the initial temporary license expires and

19  shall not be extended during any proceeding for administrative

20  or judicial review pursuant to chapter 120.

21         (3)(4)  Each applicant seeking a temporary initial

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

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

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

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

26  Fund.

27         Section 11.  Section 561.331, Florida Statutes, is

28  amended to read:

29         561.331  Temporary license upon application for

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

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  1         (1)  Upon the filing of a properly completed

  2  application for transfer pursuant to s. 561.32, which

  3  application does not on its face disclose any reason for

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

  5  business which possesses a beverage license of any type or

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

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

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

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

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

11  the application is denied or until 14 days after the

12  application is approved. Such temporary beverage license shall

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

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

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

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

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

18  except that purchases of alcoholic beverages during the term

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

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

21  holding a temporary license pursuant to this section purchases

22  alcoholic beverages as part of a single-transaction

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

24  entity is also the holder of a state beverage license

25  authorizing the purchase of the same type of alcoholic

26  beverages as authorized under the temporary license.

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

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

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

30  application does not on its face disclose any reason for

31  denying an alcoholic beverage license, the licensee is


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    CS for SB 2542                                 First Engrossed



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

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

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

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

  5  application is approved.  Such temporary license shall be

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

  7  application for change of location is made without the payment

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

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

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

11  are provided by law.

12         (3)  Upon the filing of a properly completed

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

14  by any qualified licensee having a beverage license of any

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

16  disclose any reason for denying an alcoholic beverage license,

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

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

19  which temporary license is valid for all purposes under the

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

21  after the application is approved.  Such temporary license

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

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

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

25  application for failure of the applicant to disclose the

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

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

28  series expires and shall not be extended during any proceeding

29  for administrative or judicial review pursuant to chapter 120.

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

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


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    CS for SB 2542                                 First Engrossed



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

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

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

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

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

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

  7  a temporary license under this subsection is subject to the

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

  9  licensee as are provided by law.

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

11  permit the transfer or issuance of temporary licenses contrary

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

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

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

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