Florida Senate - 2017                                     SB 400
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00504A-17                                            2017400__
    1                        A bill to be entitled                      
    2         An act relating to alcoholic beverages; amending s.
    3         561.11, F.S.; authorizing the Division of Alcoholic
    4         Beverages and Tobacco of the Department of Business
    5         and Professional Regulation to appoint division
    6         personnel; requiring specified personnel to have
    7         Selected Exempt Service status; amending s. 561.17,
    8         F.S.; revising the entities that may issue a
    9         certificate indicating an alcoholic beverage license
   10         applicant’s place of business meets all of the
   11         sanitary requirements of the state; amending s.
   12         561.20, F.S.; revising who may be issued a special
   13         license in counties otherwise subject to limits on the
   14         number of licenses issued; revising the requirements
   15         for retaining certain business records; amending s.
   16         561.331, F.S.; requiring certain temporary beverage
   17         licenses to be issued by the district supervisor of a
   18         district without assessing additional fees or taxes;
   19         amending s. 565.03, F.S.; specifying the state license
   20         tax for craft distilleries; providing an effective
   21         date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsection (2) of section 561.11, Florida
   26  Statutes, is amended to read:
   27         561.11 Power and authority of division.—
   28         (2) The division shall have full power and authority to
   29  provide for the continuous training, appointment, and upgrading
   30  of all division personnel in their respective positions with the
   31  division. Notwithstanding any other law, chiefs, assistant
   32  chiefs, regional managers, including majors, and district or
   33  office managers, including captains, shall have Selected Exempt
   34  Service status in the state personnel designation. The This
   35  training shall include the attendance of division personnel at
   36  workshops, seminars, or special schools established by the
   37  division or other organizations when attendance at such
   38  educational programs shall in the opinion of the division be
   39  deemed appropriate to the particular position that which the
   40  employee holds.
   41         Section 2. Subsection (2) of section 561.17, Florida
   42  Statutes, is amended to read:
   43         561.17 License and registration applications; approved
   44  person.—
   45         (2) All applications for alcoholic beverage licenses for
   46  consumption on the premises shall be accompanied by a
   47  certificate of the Division of Hotels and Restaurants of the
   48  Department of Business and Professional Regulation or the
   49  Department of Agriculture and Consumer Services or the
   50  Department of Health or the Agency for Health Care
   51  Administration or the county health department that the place of
   52  business wherein the business is to be conducted meets all of
   53  the sanitary requirements of the state.
   54         Section 3. Paragraph (a) of subsection (2) of section
   55  561.20, Florida Statutes, is amended to read:
   56         561.20 Limitation upon number of licenses issued.—
   57         (2)(a) The limitation of the number of licenses as provided
   58  in this section does not prohibit the issuance of a special
   59  license to:
   60         1. Any bona fide hotel, motel, or motor court of not fewer
   61  than 80 guest rooms in any county having a population of less
   62  than 50,000 residents, and of not fewer than 100 guest rooms in
   63  any county having a population of 50,000 residents or greater;
   64  or any bona fide hotel or motel located in a historic structure,
   65  as defined in s. 561.01(21), with fewer than 100 guest rooms
   66  which derives at least 51 percent of its gross revenue from the
   67  rental of hotel or motel rooms, which is licensed as a public
   68  lodging establishment by the Division of Hotels and Restaurants;
   69  provided, however, that a bona fide hotel or motel with no fewer
   70  than 10 and no more than 25 guest rooms which is a historic
   71  structure, as defined in s. 561.01(21), in a municipality that
   72  on the effective date of this act has a population, according to
   73  the University of Florida’s Bureau of Economic and Business
   74  Research Estimates of Population for 1998, of no fewer than
   75  25,000 and no more than 35,000 residents and that is within a
   76  constitutionally chartered county may be issued a special
   77  license. This special license shall allow the sale and
   78  consumption of alcoholic beverages only on the licensed premises
   79  of the hotel or motel. In addition, the hotel or motel must
   80  derive at least 60 percent of its gross revenue from the rental
   81  of hotel or motel rooms and the sale of food and nonalcoholic
   82  beverages; provided that the provisions of this subparagraph
   83  shall supersede local laws requiring a greater number of hotel
   84  rooms;
   85         2. Any condominium accommodation of which no fewer than 100
   86  condominium units are wholly rentable to transients and which is
   87  licensed under the provisions of chapter 509, except that the
   88  license shall be issued only to the person or corporation which
   89  operates the hotel or motel operation and not to the association
   90  of condominium owners;
   91         3. Any condominium accommodation of which no fewer than 50
   92  condominium units are wholly rentable to transients, which is
   93  licensed under the provisions of chapter 509, and which is
   94  located in any county having home rule under s. 10 or s. 11,
   95  Art. VIII of the State Constitution of 1885, as amended, and
   96  incorporated by reference in s. 6(e), Art. VIII of the State
   97  Constitution, except that the license shall be issued only to
   98  the person or corporation that which operates the hotel or motel
   99  operation and not to the association of condominium owners;
  100         4. A food service establishment that has 1,800 2,500 square
  101  feet of service area, is equipped to serve meals to 100 150
  102  persons at one time, and derives at least 51 percent of its
  103  gross food and beverage revenue from the sale of food and
  104  nonalcoholic beverages during the first 60-day operating period
  105  and each 12-month operating period thereafter. A food service
  106  establishment granted a special license on or after January 1,
  107  1958, pursuant to general or special law may not operate as a
  108  package store and may not sell intoxicating beverages under such
  109  license after the hours of serving or consumption of food have
  110  elapsed. Failure by a licensee to meet the required percentage
  111  of food and nonalcoholic beverage gross revenues during the
  112  covered operating period shall result in revocation of the
  113  license or denial of the pending license application. A licensee
  114  whose license is revoked or an applicant whose pending
  115  application is denied, or any person required to qualify on the
  116  special license application, is ineligible to have any interest
  117  in a subsequent application for such a license for a period of
  118  120 days after the date of the final denial or revocation;
  119         5. Any caterer, deriving at least 51 percent of its gross
  120  food and beverage revenue from the sale of food and nonalcoholic
  121  beverages, licensed by the Division of Hotels and Restaurants
  122  under chapter 509. This subparagraph does not apply to a
  123  culinary education program, as defined in s. 381.0072(2), which
  124  is licensed as a public food service establishment by the
  125  Division of Hotels and Restaurants and provides catering
  126  services. Notwithstanding any other provision of law to the
  127  contrary, a licensee under this subparagraph shall sell or serve
  128  alcoholic beverages only for consumption on the premises of a
  129  catered event at which the licensee is also providing prepared
  130  food, and shall prominently display its license at any catered
  131  event at which the caterer is selling or serving alcoholic
  132  beverages. The caterer must ensure that each catered event meets
  133  the 51 percent food and nonalcoholic beverage requirement. A
  134  licensee under this subparagraph shall purchase all alcoholic
  135  beverages it sells or serves at a catered event from a vendor
  136  licensed under s. 563.02(1), s. 564.02(1), or licensed under s.
  137  565.02(1) subject to the limitation imposed in subsection (1),
  138  as appropriate. A licensee under this subparagraph may not store
  139  any alcoholic beverages to be sold or served at a catered event.
  140  Any alcoholic beverages purchased by a licensee under this
  141  subparagraph for a catered event that are not used at that event
  142  must remain with the customer; provided that if the vendor
  143  accepts unopened alcoholic beverages, the licensee may return
  144  such alcoholic beverages to the vendor for a credit or
  145  reimbursement. Regardless of the county or counties in which the
  146  licensee operates, a licensee under this subparagraph shall pay
  147  the annual state license tax set forth in s. 565.02(1)(b). A
  148  licensee under this subparagraph must maintain for a period of 3
  149  years all records and receipts for each catered event, including
  150  all contracts, customers’ names, locations, dates, food
  151  purchases and sales, alcoholic beverage purchases and sales,
  152  nonalcoholic beverage purchases and sales, and any other records
  153  required by the department by rule to demonstrate compliance
  154  with the requirements of this subparagraph, including licensed
  155  vendor receipts for the purchase of alcoholic beverages and
  156  records identifying each customer and the location and date of
  157  each catered event. Notwithstanding any provision of law to the
  158  contrary, any vendor licensed under s. 565.02(1) subject to the
  159  limitation imposed in subsection (1), may, without any
  160  additional licensure under this subparagraph, serve or sell
  161  alcoholic beverages for consumption on the premises of a catered
  162  event at which prepared food is provided by a caterer licensed
  163  under chapter 509. If a licensee under this subparagraph also
  164  possesses any other license under the Beverage Law, the license
  165  issued under this subparagraph shall not authorize the holder to
  166  conduct activities on the premises to which the other license or
  167  licenses apply that would otherwise be prohibited by the terms
  168  of that license or the Beverage Law. Nothing in this section
  169  shall permit the licensee to conduct activities that are
  170  otherwise prohibited by the Beverage Law or local law. The
  171  Division of Alcoholic Beverages and Tobacco is hereby authorized
  172  to adopt rules to administer the license created in this
  173  subparagraph, to include rules governing licensure,
  174  recordkeeping, and enforcement. The first $300,000 in fees
  175  collected by the division each fiscal year pursuant to this
  176  subparagraph shall be deposited in the Department of Children
  177  and Families’ Operations and Maintenance Trust Fund to be used
  178  only for alcohol and drug abuse education, treatment, and
  179  prevention programs. The remainder of the fees collected shall
  180  be deposited into the Hotel and Restaurant Trust Fund created
  181  pursuant to s. 509.072; or
  182         6. A culinary education program as defined in s.
  183  381.0072(2) which is licensed as a public food service
  184  establishment by the Division of Hotels and Restaurants.
  185         a. This special license shall allow the sale and
  186  consumption of alcoholic beverages on the licensed premises of
  187  the culinary education program. The culinary education program
  188  shall specify designated areas in the facility where the
  189  alcoholic beverages may be consumed at the time of application.
  190  Alcoholic beverages sold for consumption on the premises may be
  191  consumed only in areas designated pursuant to s. 561.01(11) and
  192  may not be removed from the designated area. Such license shall
  193  be applicable only in and for designated areas used by the
  194  culinary education program.
  195         b. If the culinary education program provides catering
  196  services, this special license shall also allow the sale and
  197  consumption of alcoholic beverages on the premises of a catered
  198  event at which the licensee is also providing prepared food. A
  199  culinary education program that provides catering services is
  200  not required to derive at least 51 percent of its gross revenue
  201  from the sale of food and nonalcoholic beverages.
  202  Notwithstanding any other provision of law to the contrary, a
  203  licensee that provides catering services under this sub
  204  subparagraph shall prominently display its beverage license at
  205  any catered event at which the caterer is selling or serving
  206  alcoholic beverages. Regardless of the county or counties in
  207  which the licensee operates, a licensee under this sub
  208  subparagraph shall pay the annual state license tax set forth in
  209  s. 565.02(1)(b). A licensee under this sub-subparagraph must
  210  maintain for a period of 3 years all records required by the
  211  department by rule to demonstrate compliance with the
  212  requirements of this sub-subparagraph.
  213         c. If a licensee under this subparagraph also possesses any
  214  other license under the Beverage Law, the license issued under
  215  this subparagraph does not authorize the holder to conduct
  216  activities on the premises to which the other license or
  217  licenses apply that would otherwise be prohibited by the terms
  218  of that license or the Beverage Law. Nothing in this
  219  subparagraph shall permit the licensee to conduct activities
  220  that are otherwise prohibited by the Beverage Law or local law.
  221  Any culinary education program that holds a license to sell
  222  alcoholic beverages shall comply with the age requirements set
  223  forth in ss. 562.11(4), 562.111(2), and 562.13.
  224         d. The Division of Alcoholic Beverages and Tobacco may
  225  adopt rules to administer the license created in this
  226  subparagraph, to include rules governing licensure,
  227  recordkeeping, and enforcement.
  228         e. A license issued pursuant to this subparagraph does not
  229  permit the licensee to sell alcoholic beverages by the package
  230  for off-premises consumption.
  231  
  232  However, any license heretofore issued to any such hotel, motel,
  233  motor court, or restaurant or hereafter issued to any such
  234  hotel, motel, or motor court, including a condominium
  235  accommodation, under the general law shall not be moved to a new
  236  location, such license being valid only on the premises of such
  237  hotel, motel, motor court, or restaurant. Licenses issued to
  238  hotels, motels, motor courts, or restaurants under the general
  239  law and held by such hotels, motels, motor courts, or
  240  restaurants on May 24, 1947, shall be counted in the quota
  241  limitation contained in subsection (1). Any license issued for
  242  any hotel, motel, or motor court under the provisions of this
  243  law shall be issued only to the owner of the hotel, motel, or
  244  motor court or, in the event the hotel, motel, or motor court is
  245  leased, to the lessee of the hotel, motel, or motor court; and
  246  the license shall remain in the name of the owner or lessee so
  247  long as the license is in existence. Any special license now in
  248  existence heretofore issued under the provisions of this law
  249  cannot be renewed except in the name of the owner of the hotel,
  250  motel, motor court, or restaurant or, in the event the hotel,
  251  motel, motor court, or restaurant is leased, in the name of the
  252  lessee of the hotel, motel, motor court, or restaurant in which
  253  the license is located and must remain in the name of the owner
  254  or lessee so long as the license is in existence. Any license
  255  issued under this section shall be marked “Special,” and nothing
  256  herein provided shall limit, restrict, or prevent the issuance
  257  of a special license for any restaurant or motel which shall
  258  hereafter meet the requirements of the law existing immediately
  259  prior to the effective date of this act, if construction of such
  260  restaurant has commenced prior to the effective date of this act
  261  and is completed within 30 days thereafter, or if an application
  262  is on file for such special license at the time this act takes
  263  effect; and any such licenses issued under this proviso may be
  264  annually renewed as now provided by law. Nothing herein prevents
  265  an application for transfer of a license to a bona fide
  266  purchaser of any hotel, motel, motor court, or restaurant by the
  267  purchaser of such facility or the transfer of such license
  268  pursuant to law.
  269         Section 4. Subsections (1) and (3) of section 561.331,
  270  Florida Statutes, are amended to read:
  271         561.331 Temporary license upon application for transfer,
  272  change of location, or change of type or series.—
  273         (1) Upon the filing of a properly completed application for
  274  transfer pursuant to s. 561.32, which application does not on
  275  its face disclose any reason for denying an alcoholic beverage
  276  license, by any purchaser of a business that which possesses a
  277  beverage license of any type or series, the purchaser of such
  278  business and the applicant for transfer are entitled as a matter
  279  of right to receive a temporary beverage license of the same
  280  type and series as that held by the seller of such business. The
  281  temporary license will be valid for all purposes under the
  282  Beverage Law until the application is denied or until 14 days
  283  after the application is approved. Such temporary beverage
  284  license shall be issued by the district supervisor of the
  285  district in which the application for transfer is made without
  286  the assessment of any additional fee or tax upon the payment of
  287  a fee of $100. A purchaser operating under the provisions of
  288  this subsection is subject to the same rights, privileges,
  289  duties, and limitations of a beverage licensee as are provided
  290  by law, except that purchases of alcoholic beverages during the
  291  term of such temporary license shall be for cash only. However,
  292  such cash-only restriction does not apply if the entity holding
  293  a temporary license pursuant to this section purchases alcoholic
  294  beverages as part of a single-transaction cooperative purchase
  295  placed by a pool buying agent or if such entity is also the
  296  holder of a state beverage license authorizing the purchase of
  297  the same type of alcoholic beverages as authorized under the
  298  temporary license.
  299         (3) Upon the filing of a properly completed application to
  300  change the type or series of a beverage license by any qualified
  301  licensee having a beverage license of any type or series, which
  302  application does not on its face disclose any reason for denying
  303  an alcoholic beverage license, the licensee is entitled as a
  304  matter of right to receive a temporary beverage license of the
  305  type or series applied for, which temporary license is valid for
  306  all purposes under the Beverage Law until the application is
  307  denied or until 14 days after the application is approved. Such
  308  temporary license shall be issued by the district supervisor of
  309  the district in which the application for change of type or
  310  series is made. If the department issues a notice of intent to
  311  deny the license application for failure of the applicant to
  312  disclose the information required by s. 561.15(2) or (4), the
  313  temporary license for transfer, change of location, or change of
  314  type of series expires and shall not be extended during any
  315  proceeding for administrative or judicial review pursuant to
  316  chapter 120. Such temporary license shall be issued by the
  317  district supervisor of the district in which the application for
  318  change of location is made without the assessment of any
  319  additional fee or tax If the fee for the type or series or
  320  license applied for is greater than the fee for the license then
  321  held by the applicant, the applicant for such temporary license
  322  must pay a fee in the amount of $100 or one-fourth of the
  323  difference between the fees, whichever amount is greater. A fee
  324  is not required for an application for a temporary license of a
  325  type or series for which the fee is the same as or less than the
  326  fee for the license then held by the applicant. The holder of a
  327  temporary license under this subsection is subject to the same
  328  rights, privileges, duties, and limitations of a beverage
  329  licensee as are provided by law.
  330         Section 5. Paragraph (a) of subsection (2) of section
  331  565.03, Florida Statutes, is amended to read:
  332         565.03 License fees; manufacturers, distributors, brokers,
  333  sales agents, and importers of alcoholic beverages; vendor
  334  licenses and fees; craft distilleries.—
  335         (2)(a) A distillery authorized to do business under the
  336  Beverage Law shall pay an annual state license tax for each
  337  plant or branch operating in the state, as follows:
  338         1. If engaged in the business of manufacturing distilled
  339  spirits, not including craft distilleries, a state license tax
  340  of $4,000.
  341         2. If engaged in the business of manufacturing distilled
  342  spirits as a craft distillery, a state license tax of $1,000.
  343         3.2. If engaged in the business of rectifying and blending
  344  spirituous liquors and nothing else, a state license tax of
  345  $4,000.
  346         Section 6. This act shall take effect July 1, 2017.