Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 106
       
       
       
       
       
       
                                Ì637956WÎ637956                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  02/09/2017           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Rules (Latvala) recommended the following:
       
    1         Senate Substitute for Amendment (239246) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 565.04, Florida Statutes, is amended to
    7  read:
    8         565.04 Package store restrictions.—
    9         (1)(a)A vendor Vendors licensed under s. 565.02(1)(a) may
   10  shall not in such said place of business sell, offer, or expose
   11  for sale any merchandise other than such beverages, and such
   12  places of business shall be devoted exclusively to such sales;
   13  provided, however, that such vendor may vendors shall be
   14  permitted to sell bitters, grenadine, nonalcoholic mixer-type
   15  beverages (not to include fruit juices produced outside this
   16  state), fruit juices produced in this state, home bar, and party
   17  supplies and equipment (including, but not limited to, glassware
   18  and party-type foods), miniatures of no alcoholic content, and
   19  tobacco products. Such place places of business may not shall
   20  have no openings permitting direct access to any other building
   21  or room, except to a private office or storage room of the place
   22  of business from which patrons are excluded.
   23         (b) Paragraph (a) does not apply to any of the following
   24  places of business of a vendor licensed under s. 565.02(1)(a) if
   25  such places of business are located in a municipality or county
   26  in which an exception to paragraph (a) has been authorized by a
   27  municipal or county ordinance:
   28         1.At the vendor’s place of business if the vendor has only
   29  one place of business.
   30         2.At 25 percent of the vendor’s places of business if the
   31  vendor has an interest, directly or indirectly, in more than one
   32  place of business.
   33         3. After July 1, 2023, at two of the vendor’s places of
   34  business, or, if the vendor has an interest, directly or
   35  indirectly, in two or more places of business, at 50 percent of
   36  the vendor’s places of business.
   37         4.After July 1, 2024, at three of the vendor’s places of
   38  business, or, if the vendor has an interest in three or more
   39  places of business, at 75 percent of the vendor’s places of
   40  business.
   41  
   42  If the percentage of the vendor’s places of business results in
   43  a fraction of 0.50 or more, the number of the vendor’s places of
   44  business at which paragraph (a) does not apply shall be
   45  increased to the next greater whole number. A vendor licensed
   46  under s. 565.02(1)(a) must notify the Division of Alcoholic
   47  Beverages and Tobacco, in writing, of the places of business to
   48  which paragraph (a) does not apply.
   49         (c)This subsection expires June 30, 2025.
   50         (2)(a) A vendor licensed under s. 565.02(1)(a) may not in
   51  such place of business sell, offer, or expose for sale any
   52  distilled spirit in a container of less than 750 milliliters or
   53  less than 25.36 ounces except from an area to which access is
   54  restricted to the vendor or employees of such vendor.
   55         (b) Paragraph (a) does not apply to a vendor’s place of
   56  business if such place of business is:
   57         1. Located in a municipality or county in which an
   58  exception to paragraph (a) has been authorized by a municipal or
   59  county ordinance; and
   60         2. Devoted exclusively to the sales of alcoholic beverages.
   61  However, such vendor may also sell at such place of business
   62  bitters, grenadine, nonalcoholic mixer-type beverages (not to
   63  include fruit juices produced outside this state), fruit juices
   64  produced in this state, home bar, and party supplies and
   65  equipment (including, but not limited to, glassware and party
   66  type foods), miniatures of no alcoholic content, and tobacco
   67  products. Such place of business may not have openings
   68  permitting direct access to any other building or room, except
   69  to a private office or storage room of the place of business
   70  from which patrons are excluded.
   71         (3)(2) Notwithstanding any other law, when delivering
   72  alcoholic beverages to a vendor licensed under s. 565.02(1)(a),
   73  a licensed distributor may transport the beverages through
   74  another premises owned in whole or in part by the vendor.
   75         Section 2. This act shall take effect July 1, 2025.
   76  
   77  ================= T I T L E  A M E N D M E N T ================
   78  And the title is amended as follows:
   79         Delete everything before the enacting clause
   80  and insert:
   81                        A bill to be entitled                      
   82         An act relating to vendors licensed under the Beverage
   83         Law; amending s. 565.04, F.S.; revising applicability
   84         of package store restrictions; providing an expiration
   85         date; providing a restriction on the sale of distilled
   86         spirits below the specified container sizes;
   87         authorizing exceptions to certain package store
   88         restrictions if a municipality or county passes an
   89         ordinance; providing an effective date.