Florida Senate - 2015                                     SB 468
       By Senator Grimsley
       21-00449-15                                            2015468__
    1                        A bill to be entitled                      
    2         An act relating to package stores; repealing s.
    3         565.04, F.S., relating to restrictions on the sale by
    4         certain licensed alcoholic beverage vendors of
    5         merchandise other than specifically authorized types
    6         of merchandise and to restrictions on direct access to
    7         such vendors’ places of business; amending s. 402.82,
    8         F.S.; deleting a cross-reference to conform to changes
    9         made by the act; prohibiting electronic benefits
   10         transfer cards from being used or accepted at
   11         locations operated as package stores; defining the
   12         term “package store”; conforming provisions; amending
   13         s. 562.13, F.S.; providing an exception to employment
   14         restrictions on persons under the age of 18 years who
   15         are employed by specified vendors; providing an
   16         effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Section 565.04, Florida Statutes, is repealed.
   21         Section 2. Paragraph (a) of subsection (4) of section
   22  402.82, Florida Statutes, is amended to read:
   23         402.82 Electronic benefits transfer program.—
   24         (4) Use or acceptance of an electronic benefits transfer
   25  card is prohibited at the following locations or for the
   26  following activities:
   27         (a) An establishment licensed under the Beverage Law to
   28  sell distilled spirits as a vendor and that:
   29         1. Is restricted as to the types of products that can be
   30  sold under s. ss. 565.04 and 565.045; or
   31         2. Operates as a bottle club as defined in s. 561.01; or
   32         3. Operates as a package store. For purposes of this
   33  subparagraph, the term “package store” means a vendor licensed
   34  under s. 565.02(1)(a) which derives more than 30 percent of its
   35  gross revenue each month from the sale of alcoholic beverages.
   36         Section 3. Paragraph (c) of subsection (2) of section
   37  562.13, Florida Statutes, is amended to read:
   38         562.13 Employment of minors or certain other persons by
   39  certain vendors prohibited; exceptions.—
   40         (2) This section shall not apply to:
   41         (c) Persons under the age of 18 years who are employed in
   42  drugstores, grocery stores, department stores, florists,
   43  specialty gift shops, or automobile service stations, or by a
   44  vendor licensed under s. 563.02(1)(a) or s. 564.02(1)(a). This
   45  exception includes a vendor licensed under s. 565.02(1)(a) if
   46  such vendor derives 30 percent or less of its gross revenue each
   47  month from the sale of alcoholic beverages and if the minor
   48  employee is supervised by a person 18 years of age or older who
   49  verifies the age of a purchaser of alcoholic beverages to be 21
   50  years of age or older and approves the sale of alcoholic
   51  beverages to such purchaser which have obtained licenses to sell
   52  beer or beer and wine, when such sales are made for consumption
   53  off the premises.
   55  However, a minor to whom this subsection otherwise applies may
   56  not be employed if the employment, whether as a professional
   57  entertainer or otherwise, involves nudity, as defined in s.
   58  847.001, on the part of the minor and such nudity is intended as
   59  a form of adult entertainment.
   60         Section 4. This act shall take effect July 1, 2015.