Florida Senate - 2017                              CS for SB 400
       
       
        
       By the Committee on Regulated Industries; and Senator Perry
       
       
       
       
       
       580-02479-17                                           2017400c1
    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         repealing s. 564.05, F.S., relating to limitations on
   20         the size of individual wine containers; amending s.
   21         564.055; F.S.; authorizing the packaging, filling,
   22         refilling, or sale, of cider in growlers amending s.
   23         564.09, F.S.; revising provisions authorizing a
   24         restaurant to allow a patron to remove a resealed wine
   25         container from a restaurant for off-premises
   26         consumption; amending s. 565.03, F.S.; specifying the
   27         state license tax for craft distilleries; providing an
   28         effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (2) of section 561.11, Florida
   33  Statutes, is amended to read:
   34         561.11 Power and authority of division.—
   35         (2) The division shall have full power and authority to
   36  provide for the continuous training, appointment, and upgrading
   37  of all division personnel in their respective positions with the
   38  division. Notwithstanding any other law, chiefs, assistant
   39  chiefs, regional managers, including majors, and district or
   40  office managers, including captains, shall have Selected Exempt
   41  Service status in the state personnel designation. The This
   42  training shall include the attendance of division personnel at
   43  workshops, seminars, or special schools established by the
   44  division or other organizations when attendance at such
   45  educational programs shall in the opinion of the division be
   46  deemed appropriate to the particular position that which the
   47  employee holds.
   48         Section 2. Subsection (2) of section 561.17, Florida
   49  Statutes, is amended to read:
   50         561.17 License and registration applications; approved
   51  person.—
   52         (2) All applications for alcoholic beverage licenses for
   53  consumption on the premises shall be accompanied by a
   54  certificate of the Division of Hotels and Restaurants of the
   55  Department of Business and Professional Regulation or the
   56  Department of Agriculture and Consumer Services or the
   57  Department of Health or the Agency for Health Care
   58  Administration or the county health department that the place of
   59  business wherein the business is to be conducted meets all of
   60  the sanitary requirements of the state.
   61         Section 3. Paragraph (a) of subsection (2) of section
   62  561.20, Florida Statutes, is amended to read:
   63         561.20 Limitation upon number of licenses issued.—
   64         (2)(a) The limitation of the number of licenses as provided
   65  in this section does not prohibit the issuance of a special
   66  license to:
   67         1. Any bona fide hotel, motel, or motor court of not fewer
   68  than 80 guest rooms in any county having a population of less
   69  than 50,000 residents, and of not fewer than 100 guest rooms in
   70  any county having a population of 50,000 residents or greater;
   71  or any bona fide hotel or motel located in a historic structure,
   72  as defined in s. 561.01(21), with fewer than 100 guest rooms
   73  which derives at least 51 percent of its gross revenue from the
   74  rental of hotel or motel rooms, which is licensed as a public
   75  lodging establishment by the Division of Hotels and Restaurants;
   76  provided, however, that a bona fide hotel or motel with no fewer
   77  than 10 and no more than 25 guest rooms which is a historic
   78  structure, as defined in s. 561.01(21), in a municipality that
   79  on the effective date of this act has a population, according to
   80  the University of Florida’s Bureau of Economic and Business
   81  Research Estimates of Population for 1998, of no fewer than
   82  25,000 and no more than 35,000 residents and that is within a
   83  constitutionally chartered county may be issued a special
   84  license. This special license shall allow the sale and
   85  consumption of alcoholic beverages only on the licensed premises
   86  of the hotel or motel. In addition, the hotel or motel must
   87  derive at least 60 percent of its gross revenue from the rental
   88  of hotel or motel rooms and the sale of food and nonalcoholic
   89  beverages; provided that the provisions of this subparagraph
   90  shall supersede local laws requiring a greater number of hotel
   91  rooms;
   92         2. Any condominium accommodation of which no fewer than 100
   93  condominium units are wholly rentable to transients and which is
   94  licensed under the provisions of chapter 509, except that the
   95  license shall be issued only to the person or corporation which
   96  operates the hotel or motel operation and not to the association
   97  of condominium owners;
   98         3. Any condominium accommodation of which no fewer than 50
   99  condominium units are wholly rentable to transients, which is
  100  licensed under the provisions of chapter 509, and which is
  101  located in any county having home rule under s. 10 or s. 11,
  102  Art. VIII of the State Constitution of 1885, as amended, and
  103  incorporated by reference in s. 6(e), Art. VIII of the State
  104  Constitution, except that the license shall be issued only to
  105  the person or corporation that which operates the hotel or motel
  106  operation and not to the association of condominium owners;
  107         4. A food service establishment that has 2,500 square feet
  108  of service area, is equipped to serve meals to 150 persons at
  109  one time, and derives at least 51 percent of its gross food and
  110  beverage revenue from the sale of food and nonalcoholic
  111  beverages during the first 60-day operating period and each 12
  112  month operating period thereafter. A food service establishment
  113  granted a special license on or after January 1, 1958, pursuant
  114  to general or special law may not operate as a package store and
  115  may not sell intoxicating beverages under such license after the
  116  hours of serving or consumption of food have elapsed. Failure by
  117  a licensee to meet the required percentage of food and
  118  nonalcoholic beverage gross revenues during the covered
  119  operating period shall result in revocation of the license or
  120  denial of the pending license application. A licensee whose
  121  license is revoked or an applicant whose pending application is
  122  denied, or any person required to qualify on the special license
  123  application, is ineligible to have any interest in a subsequent
  124  application for such a license for a period of 120 days after
  125  the date of the final denial or revocation;
  126         5. Any caterer, deriving at least 51 percent of its gross
  127  food and beverage revenue from the sale of food and nonalcoholic
  128  beverages, licensed by the Division of Hotels and Restaurants
  129  under chapter 509. This subparagraph does not apply to a
  130  culinary education program, as defined in s. 381.0072(2), which
  131  is licensed as a public food service establishment by the
  132  Division of Hotels and Restaurants and provides catering
  133  services. Notwithstanding any other provision of law to the
  134  contrary, a licensee under this subparagraph shall sell or serve
  135  alcoholic beverages only for consumption on the premises of a
  136  catered event at which the licensee is also providing prepared
  137  food, and shall prominently display its license at any catered
  138  event at which the caterer is selling or serving alcoholic
  139  beverages. The caterer must ensure that each catered event meets
  140  the 51 percent food and nonalcoholic beverage requirement. A
  141  licensee under this subparagraph shall purchase all alcoholic
  142  beverages it sells or serves at a catered event from a vendor
  143  licensed under s. 563.02(1), s. 564.02(1), or licensed under s.
  144  565.02(1) subject to the limitation imposed in subsection (1),
  145  as appropriate. A licensee under this subparagraph may not store
  146  any alcoholic beverages to be sold or served at a catered event.
  147  Any alcoholic beverages purchased by a licensee under this
  148  subparagraph for a catered event that are not used at that event
  149  must remain with the customer; provided that if the vendor
  150  accepts unopened alcoholic beverages, the licensee may return
  151  such alcoholic beverages to the vendor for a credit or
  152  reimbursement. Regardless of the county or counties in which the
  153  licensee operates, a licensee under this subparagraph shall pay
  154  the annual state license tax set forth in s. 565.02(1)(b). A
  155  licensee under this subparagraph must maintain for a period of 3
  156  years all records and receipts for each catered event, including
  157  all contracts, customers’ names, locations, dates, food
  158  purchases and sales, alcoholic beverage purchases and sales,
  159  nonalcoholic beverage purchases and sales, and any other records
  160  required by the department by rule to demonstrate compliance
  161  with the requirements of this subparagraph, including licensed
  162  vendor receipts for the purchase of alcoholic beverages and
  163  records identifying each customer and the location and date of
  164  each catered event. Notwithstanding any provision of law to the
  165  contrary, any vendor licensed under s. 565.02(1) subject to the
  166  limitation imposed in subsection (1), may, without any
  167  additional licensure under this subparagraph, serve or sell
  168  alcoholic beverages for consumption on the premises of a catered
  169  event at which prepared food is provided by a caterer licensed
  170  under chapter 509. If a licensee under this subparagraph also
  171  possesses any other license under the Beverage Law, the license
  172  issued under this subparagraph shall not authorize the holder to
  173  conduct activities on the premises to which the other license or
  174  licenses apply that would otherwise be prohibited by the terms
  175  of that license or the Beverage Law. Nothing in this section
  176  shall permit the licensee to conduct activities that are
  177  otherwise prohibited by the Beverage Law or local law. The
  178  Division of Alcoholic Beverages and Tobacco is hereby authorized
  179  to adopt rules to administer the license created in this
  180  subparagraph, to include rules governing licensure,
  181  recordkeeping, and enforcement. The first $300,000 in fees
  182  collected by the division each fiscal year pursuant to this
  183  subparagraph shall be deposited in the Department of Children
  184  and Families’ Operations and Maintenance Trust Fund to be used
  185  only for alcohol and drug abuse education, treatment, and
  186  prevention programs. The remainder of the fees collected shall
  187  be deposited into the Hotel and Restaurant Trust Fund created
  188  pursuant to s. 509.072; or
  189         6. A culinary education program as defined in s.
  190  381.0072(2) which is licensed as a public food service
  191  establishment by the Division of Hotels and Restaurants.
  192         a. This special license shall allow the sale and
  193  consumption of alcoholic beverages on the licensed premises of
  194  the culinary education program. The culinary education program
  195  shall specify designated areas in the facility where the
  196  alcoholic beverages may be consumed at the time of application.
  197  Alcoholic beverages sold for consumption on the premises may be
  198  consumed only in areas designated pursuant to s. 561.01(11) and
  199  may not be removed from the designated area. Such license shall
  200  be applicable only in and for designated areas used by the
  201  culinary education program.
  202         b. If the culinary education program provides catering
  203  services, this special license shall also allow the sale and
  204  consumption of alcoholic beverages on the premises of a catered
  205  event at which the licensee is also providing prepared food. A
  206  culinary education program that provides catering services is
  207  not required to derive at least 51 percent of its gross revenue
  208  from the sale of food and nonalcoholic beverages.
  209  Notwithstanding any other provision of law to the contrary, a
  210  licensee that provides catering services under this sub
  211  subparagraph shall prominently display its beverage license at
  212  any catered event at which the caterer is selling or serving
  213  alcoholic beverages. Regardless of the county or counties in
  214  which the licensee operates, a licensee under this sub
  215  subparagraph shall pay the annual state license tax set forth in
  216  s. 565.02(1)(b). A licensee under this sub-subparagraph must
  217  maintain for a period of 3 years all records required by the
  218  department by rule to demonstrate compliance with the
  219  requirements of this sub-subparagraph.
  220         c. If a licensee under this subparagraph also possesses any
  221  other license under the Beverage Law, the license issued under
  222  this subparagraph does not authorize the holder to conduct
  223  activities on the premises to which the other license or
  224  licenses apply that would otherwise be prohibited by the terms
  225  of that license or the Beverage Law. Nothing in this
  226  subparagraph shall permit the licensee to conduct activities
  227  that are otherwise prohibited by the Beverage Law or local law.
  228  Any culinary education program that holds a license to sell
  229  alcoholic beverages shall comply with the age requirements set
  230  forth in ss. 562.11(4), 562.111(2), and 562.13.
  231         d. The Division of Alcoholic Beverages and Tobacco may
  232  adopt rules to administer the license created in this
  233  subparagraph, to include rules governing licensure,
  234  recordkeeping, and enforcement.
  235         e. A license issued pursuant to this subparagraph does not
  236  permit the licensee to sell alcoholic beverages by the package
  237  for off-premises consumption.
  238  
  239  However, any license heretofore issued to any such hotel, motel,
  240  motor court, or restaurant or hereafter issued to any such
  241  hotel, motel, or motor court, including a condominium
  242  accommodation, under the general law shall not be moved to a new
  243  location, such license being valid only on the premises of such
  244  hotel, motel, motor court, or restaurant. Licenses issued to
  245  hotels, motels, motor courts, or restaurants under the general
  246  law and held by such hotels, motels, motor courts, or
  247  restaurants on May 24, 1947, shall be counted in the quota
  248  limitation contained in subsection (1). Any license issued for
  249  any hotel, motel, or motor court under the provisions of this
  250  law shall be issued only to the owner of the hotel, motel, or
  251  motor court or, in the event the hotel, motel, or motor court is
  252  leased, to the lessee of the hotel, motel, or motor court; and
  253  the license shall remain in the name of the owner or lessee so
  254  long as the license is in existence. Any special license now in
  255  existence heretofore issued under the provisions of this law
  256  cannot be renewed except in the name of the owner of the hotel,
  257  motel, motor court, or restaurant or, in the event the hotel,
  258  motel, motor court, or restaurant is leased, in the name of the
  259  lessee of the hotel, motel, motor court, or restaurant in which
  260  the license is located and must remain in the name of the owner
  261  or lessee so long as the license is in existence. Any license
  262  issued under this section shall be marked “Special,” and nothing
  263  herein provided shall limit, restrict, or prevent the issuance
  264  of a special license for any restaurant or motel which shall
  265  hereafter meet the requirements of the law existing immediately
  266  prior to the effective date of this act, if construction of such
  267  restaurant has commenced prior to the effective date of this act
  268  and is completed within 30 days thereafter, or if an application
  269  is on file for such special license at the time this act takes
  270  effect; and any such licenses issued under this proviso may be
  271  annually renewed as now provided by law. Nothing herein prevents
  272  an application for transfer of a license to a bona fide
  273  purchaser of any hotel, motel, motor court, or restaurant by the
  274  purchaser of such facility or the transfer of such license
  275  pursuant to law.
  276         Section 4. Subsections (1) and (3) of section 561.331,
  277  Florida Statutes, are amended to read:
  278         561.331 Temporary license upon application for transfer,
  279  change of location, or change of type or series.—
  280         (1) Upon the filing of a properly completed application for
  281  transfer pursuant to s. 561.32, which application does not on
  282  its face disclose any reason for denying an alcoholic beverage
  283  license, by any purchaser of a business that which possesses a
  284  beverage license of any type or series, the purchaser of such
  285  business and the applicant for transfer are entitled as a matter
  286  of right to receive a temporary beverage license of the same
  287  type and series as that held by the seller of such business. The
  288  temporary license will be valid for all purposes under the
  289  Beverage Law until the application is denied or until 14 days
  290  after the application is approved. Such temporary beverage
  291  license shall be issued by the district supervisor of the
  292  district in which the application for transfer is made without
  293  the assessment of any additional fee or tax upon the payment of
  294  a fee of $100. A purchaser operating under the provisions of
  295  this subsection is subject to the same rights, privileges,
  296  duties, and limitations of a beverage licensee as are provided
  297  by law, except that purchases of alcoholic beverages during the
  298  term of such temporary license shall be for cash only. However,
  299  such cash-only restriction does not apply if the entity holding
  300  a temporary license pursuant to this section purchases alcoholic
  301  beverages as part of a single-transaction cooperative purchase
  302  placed by a pool buying agent or if such entity is also the
  303  holder of a state beverage license authorizing the purchase of
  304  the same type of alcoholic beverages as authorized under the
  305  temporary license.
  306         (3) Upon the filing of a properly completed application to
  307  change the type or series of a beverage license by any qualified
  308  licensee having a beverage license of any type or series, which
  309  application does not on its face disclose any reason for denying
  310  an alcoholic beverage license, the licensee is entitled as a
  311  matter of right to receive a temporary beverage license of the
  312  type or series applied for, which temporary license is valid for
  313  all purposes under the Beverage Law until the application is
  314  denied or until 14 days after the application is approved. Such
  315  temporary license shall be issued by the district supervisor of
  316  the district in which the application for change of type or
  317  series is made without the assessment of any additional fee or
  318  tax. If the department issues a notice of intent to deny the
  319  license application for failure of the applicant to disclose the
  320  information required by s. 561.15(2) or (4), the temporary
  321  license for transfer, change of location, or change of type of
  322  series expires and shall not be extended during any proceeding
  323  for administrative or judicial review pursuant to chapter 120.
  324  If the fee for the type or series or license applied for is
  325  greater than the fee for the license then held by the applicant,
  326  the applicant for such temporary license must pay a fee in the
  327  amount of $100 or one-fourth of the difference between the fees,
  328  whichever amount is greater. A fee is not required for an
  329  application for a temporary license of a type or series for
  330  which the fee is the same as or less than the fee for the
  331  license then held by the applicant. The holder of a temporary
  332  license under this subsection is subject to the same rights,
  333  privileges, duties, and limitations of a beverage licensee as
  334  are provided by law.
  335         Section 5. Section 564.05, Florida Statutes, is repealed.
  336         Section 6. Section 564.055, Florida Statutes, is amended to
  337  read
  338         564.055 Cider containers.—Notwithstanding any other law to
  339  the contrary, cider, as defined in s. 564.06(4), may be sold by
  340  vendors at retail in any size individual container containing no
  341  more than 32 ounces of cider; however, this section does not
  342  prohibit cider from being packaged and sold in bulk, in kegs or
  343  barrels, or in any individual container that contains 1 gallon
  344  or more of cider, regardless of container type. In addition,
  345  cider may be packaged, filled, refilled, or sold in 32 ounce, 64
  346  ounce, and 1 gallon growlers in the same manner and under the
  347  same restrictions as authorized for malt beverages pursuant to
  348  s. 563.06(7).
  349         Section 7. Section 564.09, Florida Statutes, is amended to
  350  read:
  351         564.09 Restaurants; off-premises consumption of wine.
  352  Notwithstanding any other provision of law, a restaurant
  353  licensed to sell wine on the premises may permit a patron to
  354  remove one unsealed bottle of wine for consumption off the
  355  premises if the patron has purchased a full course meal
  356  consisting of a salad or vegetable, entree, a beverage, and
  357  bread and consumed a portion of the bottle of wine with such
  358  meal on the restaurant premises. A partially consumed bottle of
  359  wine that is to be removed from the premises must be securely
  360  resealed by the licensee or its employees before removal from
  361  the premises. The partially consumed bottle of wine shall be
  362  placed in a bag or other container that is secured in such a
  363  manner that it is visibly apparent if the container has been
  364  subsequently opened or tampered with, and a dated receipt for
  365  the bottle of wine and full course meal shall be provided by the
  366  licensee and attached to the container. If transported in a
  367  motor vehicle, the container with the resealed bottle of wine
  368  must be placed in a locked glove compartment, a locked trunk, or
  369  the area behind the last upright seat of a motor vehicle that is
  370  not equipped with a trunk.
  371         Section 8. Paragraph (a) of subsection (2) of section
  372  565.03, Florida Statutes, is amended to read:
  373         565.03 License fees; manufacturers, distributors, brokers,
  374  sales agents, and importers of alcoholic beverages; vendor
  375  licenses and fees; craft distilleries.—
  376         (2)(a) A distillery authorized to do business under the
  377  Beverage Law shall pay an annual state license tax for each
  378  plant or branch operating in the state, as follows:
  379         1. If engaged in the business of manufacturing distilled
  380  spirits, not including craft distilleries, a state license tax
  381  of $4,000.
  382         2. If engaged in the business of manufacturing distilled
  383  spirits as a craft distillery, a state license tax of $1,000.
  384         3.2. If engaged in the business of rectifying and blending
  385  spirituous liquors and nothing else, a state license tax of
  386  $4,000.
  387         Section 9. This act shall take effect July 1, 2017.