Senate Bill sb1692

    Florida Senate - 2003                                  SB 1692

    By Senator Margolis





    35-1123-03

  1                      A bill to be entitled

  2         An act relating to the Beverage Law; amending

  3         s. 561.32, F.S., relating to transfer of

  4         certain licenses to sell alcoholic beverages;

  5         providing an exception to a waiver of certain

  6         transfer fees when the transfer is within a

  7         specified period; providing an effective date.

  8

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

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11         Section 1.  Subsection (5) of section 561.32, Florida

12  Statutes, is amended to read:

13         561.32  Transfer of licenses; change of officers or

14  directors; transfer of interest.--

15         (4)(a)  Except as provided in paragraph (b), a license

16  issued under s. 561.20(1) shall not be transferable in any

17  manner, either directly or indirectly, including by any change

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

19  any entity holding the license, except by probate or

20  guardianship proceedings, for a period of 3 years from the

21  date of original issuance. Any attempted assignment, sale, or

22  transfer of interest in such license either directly or

23  indirectly in violation of this provision is hereby declared

24  void, and the license shall be deemed abandoned and shall

25  revert to the state to be issued in the manner provided by law

26  for issuance of new licenses.

27         (b)  A license issued under s. 561.20(1) may be

28  transferred as provided by law within the 3-year period only

29  upon payment to the division of a transfer fee in an amount

30  equal to 15 times the annual license fee specified in s.

31  565.02(1)(b)-(f) in the county in which the license is valid.

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    Florida Senate - 2003                                  SB 1692
    35-1123-03




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

  2  liquor licenses for package sales only, the transfer fee shall

  3  be in an amount equal to 15 times the annual license fee

  4  specified in s. 565.02(1)(a). Subsequent to any such transfer,

  5  the transferee shall be subject to the provisions of the

  6  beverage laws with respect to the requirement for initial

  7  issuance of a license. Any change of ownership in any manner,

  8  either directly or indirectly, including any change in stock,

  9  partnership shares, or other form of ownership of any entity

10  holding the license shall be considered a transfer and subject

11  to the fees set forth in this paragraph. The transfer fees

12  provided for in this paragraph shall be in addition to any

13  other transfer fee provided for by this section. The funds

14  collected pursuant to this paragraph shall be deposited in the

15  Alcoholic Beverages and Tobacco Trust Fund and shall be used

16  by the division to defray the costs of operation.

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. The waiver provided for in

24  this subsection shall not apply to transfers made within the

25  3-year period set forth in subsection (4).

26         Section 2.  This act shall take effect upon becoming a

27  law.

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