| 1 | A bill to be entitled |
| 2 | An act relating to the Beverage Law; amending ss. 561.15 |
| 3 | and 561.17, F.S.; providing that a performing arts center |
| 4 | that has an interest, directly or indirectly, in an |
| 5 | alcoholic beverage license is not required to obtain from |
| 6 | the Division of Alcoholic Beverages and Tobacco of the |
| 7 | Department of Business and Professional Regulation |
| 8 | approval of its volunteer officers or directors or any |
| 9 | change of such positions or interests; providing an |
| 10 | effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (3) of section 561.15, Florida |
| 15 | Statutes, is amended to read: |
| 16 | 561.15 Licenses; qualifications required.- |
| 17 | (3) The division may suspend or revoke the license under |
| 18 | the Beverage Law of, or may refuse to issue a license under the |
| 19 | Beverage Law to: |
| 20 | (a) Any person, firm, or corporation the license of which |
| 21 | under the Beverage Law has been revoked or has been abandoned |
| 22 | after written notice that revocation or suspension proceedings |
| 23 | had been or would be brought against the license; |
| 24 | (b) Any corporation if an officer, director, or person |
| 25 | interested directly or indirectly in the corporation has had her |
| 26 | or his license under the Beverage Law revoked or has abandoned |
| 27 | her or his license after written notice that revocation or |
| 28 | suspension proceedings had been or would be brought against her |
| 29 | or his license; or |
| 30 | (c) Any person who is or has been an officer of a |
| 31 | corporation, or who was interested directly or indirectly in a |
| 32 | corporation, the license of which has been revoked or abandoned |
| 33 | after written notice that revocation or suspension proceedings |
| 34 | had been or would be brought against the license. |
| 35 |
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| 36 | Any license issued to a person, firm, or corporation that would |
| 37 | not qualify for the issuance of a new license or the transfer of |
| 38 | an existing license may be revoked by the division. However, any |
| 39 | company regularly traded on a national securities exchange and |
| 40 | not over the counter; any insurer, as defined in the Florida |
| 41 | Insurance Code; or any bank or savings and loan association |
| 42 | chartered by this state, another state, or the United States |
| 43 | which has an interest, directly or indirectly, in an alcoholic |
| 44 | beverage license is shall not be required to obtain the |
| 45 | division's division approval of its officers, directors, or |
| 46 | stockholders or any change of such positions or interests. Any |
| 47 | such company, insurer, bank, or savings and loan association |
| 48 | which has a direct or indirect interest or which has an |
| 49 | ownership interest in the business sought to be licensed, but |
| 50 | which does not operate that business, may elect to place the |
| 51 | license solely in the name of the operator. The operator's |
| 52 | license application shall list the direct, indirect, or |
| 53 | ownership interest and the names of the officers, directors, |
| 54 | stockholders, or partners of such company, insurer, bank, or |
| 55 | association. A shopping center with five or more stores, one or |
| 56 | more of which has an alcoholic beverage license and is required |
| 57 | under a lease common to all shopping center tenants to pay no |
| 58 | more than 10 percent of the gross proceeds of the business |
| 59 | holding the license to the shopping center, shall not be |
| 60 | considered as having an interest, directly or indirectly, in the |
| 61 | license. A performing arts center that has an interest, directly |
| 62 | or indirectly, in an alcoholic beverage license is not required |
| 63 | to obtain the division's approval of its volunteer officers or |
| 64 | directors or any change of such positions or interests. |
| 65 | Section 2. Subsection (1) of section 561.17, Florida |
| 66 | Statutes, is amended to read: |
| 67 | 561.17 License and registration applications; approved |
| 68 | person.- |
| 69 | (1) Any person, before engaging in the business of |
| 70 | manufacturing, bottling, distributing, selling, or in any way |
| 71 | dealing in alcoholic beverages, shall file, with the district |
| 72 | licensing personnel of the district of the division in which the |
| 73 | place of business for which a license is sought is located, a |
| 74 | sworn application in the format prescribed by the division. The |
| 75 | applicant must be a legal or business entity, person, or persons |
| 76 | and must include all persons, officers, shareholders, and |
| 77 | directors of such legal or business entity that have a direct or |
| 78 | indirect interest in the business seeking to be licensed under |
| 79 | this part. However, the applicant does not include any person |
| 80 | that derives revenue from the license solely through a |
| 81 | contractual relationship with the licensee, the substance of |
| 82 | which contractual relationship is not related to the control of |
| 83 | the sale of alcoholic beverages. Before any application is |
| 84 | approved, the division may require the applicant to file a set |
| 85 | of fingerprints on regular United States Department of Justice |
| 86 | forms for herself or himself and for any person or persons |
| 87 | interested directly or indirectly with the applicant in the |
| 88 | business for which the license is being sought, when required by |
| 89 | the division. If the applicant or any person who is interested |
| 90 | with the applicant either directly or indirectly in the business |
| 91 | or who has a security interest in the license being sought or |
| 92 | has a right to a percentage payment from the proceeds of the |
| 93 | business, either by lease or otherwise, is not qualified, the |
| 94 | division shall deny the application. However, any company |
| 95 | regularly traded on a national securities exchange and not over |
| 96 | the counter; any insurer, as defined in the Florida Insurance |
| 97 | Code; or any bank or savings and loan association chartered by |
| 98 | this state, another state, or the United States which has an |
| 99 | interest, directly or indirectly, in an alcoholic beverage |
| 100 | license is not required to obtain the division's approval of its |
| 101 | officers, directors, or stockholders or any change of such |
| 102 | positions or interests. A shopping center with five or more |
| 103 | stores, one or more of which has an alcoholic beverage license |
| 104 | and is required under a lease common to all shopping center |
| 105 | tenants to pay no more than 10 percent of the gross proceeds of |
| 106 | the business holding the license to the shopping center, is not |
| 107 | considered as having an interest, directly or indirectly, in the |
| 108 | license. A performing arts center that has an interest, directly |
| 109 | or indirectly, in an alcoholic beverage license is not required |
| 110 | to obtain the division's approval of its volunteer officers or |
| 111 | directors or any change of such positions or interests. |
| 112 | Section 3. This act shall take effect July 1, 2011. |