Florida Senate - 2017                              CS for SB 106
       By the Committee on Regulated Industries; and Senator Flores
       580-01212-17                                           2017106c1
    1                        A bill to be entitled                      
    2         An act relating to vendors licensed under the Beverage
    3         Law; amending s. 562.13, F.S.; revising applicability
    4         to specify circumstances under which persons under the
    5         age of 18 years who are employed in specified
    6         businesses are excluded from certain employment
    7         prohibitions; providing that failure to comply with a
    8         restriction on monthly revenue from the sale of
    9         alcoholic beverages is unlawful if a minor is employed
   10         during a month that the restriction is exceeded;
   11         amending s. 565.04, F.S.; limiting the package store
   12         restrictions to vendors located within a certain
   13         distance of a school; providing an exception for
   14         current licenses with some restrictions; providing an
   15         effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Paragraph (c) of subsection (2) of section
   20  562.13, Florida Statutes, is amended to read:
   21         562.13 Employment of minors or certain other persons by
   22  certain vendors prohibited; exceptions.—
   23         (2) This section shall not apply to:
   24         (c) Persons under the age of 18 years who are employed in a
   25  retail drugstore drugstores, grocery store stores, department
   26  store stores, florist shop florists, specialty gift shop shops,
   27  or automobile service station whose license fees are specified
   28  in s. 563.02(1), s. 564.02(1), or s. 565.02(1)(a), if such
   29  vendor derives 30 percent or less of its monthly gross revenue
   30  from sales of alcoholic beverages. This exception applies only
   31  if the minor employees are supervised by a person 18 years of
   32  age or older who verifies that any purchaser of alcoholic
   33  beverages is 21 years of age or older and who approves the sale
   34  of alcoholic beverages to such purchaser. Failure to comply with
   35  the restriction on monthly revenue from the sale of alcoholic
   36  beverages is unlawful if a person under the age of 18 years is
   37  employed in the licensed premises during a month that the
   38  restriction is exceeded stations which have obtained licenses to
   39  sell beer or beer and wine, when such sales are made for
   40  consumption off the premises.
   42  However, a minor to whom this subsection otherwise applies may
   43  not be employed if the employment, whether as a professional
   44  entertainer or otherwise, involves nudity, as defined in s.
   45  847.001, on the part of the minor and such nudity is intended as
   46  a form of adult entertainment.
   47         Section 2.  Subsection (1) of section 565.04, Florida
   48  Statutes, is amended to read:
   49         565.04 Package store restrictions.—
   50         (1)(a) The division may not issue a license under s.
   51  565.02(1)(a) for any location or business located within 1,000
   52  feet of a public or private elementary school, middle school, or
   53  secondary school.
   54         (b) Notwithstanding paragraph (a), a vendor vendors
   55  licensed under s. 565.02(1)(a) on or before June 30, 2017, for a
   56  licensed premises located within 1,000 feet of a public or
   57  private elementary school, middle school, or secondary school,
   58  may maintain and renew the beverage license for that premises
   59  but may shall not in said place of business sell, offer, or
   60  expose for sale any merchandise other than such beverages, and
   61  such place places of business shall be devoted exclusively to
   62  such sales; provided, however, that such vendor vendors shall be
   63  permitted to sell bitters, grenadine, nonalcoholic mixer-type
   64  beverages (not to include fruit juices produced outside this
   65  state), fruit juices produced in this state, home bar, and party
   66  supplies and equipment (including but not limited to glassware
   67  and party-type foods), miniatures of no alcoholic content, and
   68  tobacco products. Such places of business shall have no openings
   69  permitting direct access to any other building or room, except
   70  to a private office or storage room of the place of business
   71  from which patrons are excluded.
   72         Section 3. This act shall take effect July 1, 2017.