HB 317

1
A bill to be entitled
2An act relating to stand-alone bars; amending s. 561.695,
3F.S.; removing a requirement that licensed vendors file a
4procedures report regarding compliance with certain food
5service limitations; providing an effective date.
6
7Be It Enacted by the Legislature of the State of Florida:
8
9     Section 1.  Subsections (6) through (9) of section 561.695,
10Florida Statutes, are amended to read:
11     561.695  Stand-alone bar enforcement; qualification;
12penalties.--
13     (6)  Every third year after the initial designation, on or
14before the licensee's annual license renewal, the licensed
15vendor must additionally provide to the division an agreed upon
16procedures report in a format established by rule of the
17department from a Florida certified public accountant that
18attests to the licensee's compliance with the percentage
19requirement of s. 386.203(11) for the preceding 36-month period.
20Such report shall be admissible in any proceeding pursuant to s.
21120.57. This subsection does not apply to a stand-alone bar if
22the only food provided by the business, or in any other way
23present or brought onto the premises for consumption by patrons,
24is limited to nonperishable snack food items commercially
25prepackaged off the premises of the stand-alone bar and served
26without additions or preparation; except that a stand-alone bar
27may pop popcorn for consumption on its premises, provided that
28the equipment used to pop the popcorn is not used to prepare any
29other food for patrons.
30     (6)(7)  The Division of Alcoholic Beverages and Tobacco
31shall have the power to enforce the provisions of part II of
32chapter 386 and to audit a licensed vendor that operates a
33business that meets the definition of a stand-alone bar as
34provided in s. 386.203(11) for compliance with this section.
35     (7)(8)  Any vendor that operates a business that meets the
36definition of a stand-alone bar as provided in s. 386.203(11)
37who violates the provisions of this section or part II of
38chapter 386 shall be subject to the following penalties:
39     (a)  For the first violation, the vendor shall be subject
40to a warning or a fine of up to $500, or both;
41     (b)  For the second violation within 2 years after the
42first violation, the vendor shall be subject to a fine of not
43less than $500 or more than $2,000;
44     (c)  For the third or subsequent violation within 2 years
45after the first violation, the vendor shall receive a suspension
46of the right to maintain a stand-alone bar in which tobacco
47smoking is permitted, not to exceed 30 days, and shall be
48subject to a fine of not less than $500 or more than $2,000; and
49     (d)  For the fourth or subsequent violation, the vendor
50shall receive a 60-day suspension of the right to maintain a
51stand-alone bar in which tobacco smoking is permitted and shall
52be subject to a fine of not less than $500 or more than $2,000
53or revocation of the right to maintain a stand-alone bar in
54which tobacco smoking is permitted.
55     (8)(9)  The division shall adopt rules governing the
56designation process, criteria for qualification, required
57recordkeeping, auditing, and all other rules necessary for the
58effective enforcement and administration of this section and
59part II of chapter 386. The division is authorized to adopt
60emergency rules pursuant to s. 120.54(4) to implement the
61provisions of this section.
62     Section 2.  This act shall take effect upon becoming a law.


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