Florida Senate - 2021 SB 148
By Senator Bradley
5-00453-21 2021148__
1 A bill to be entitled
2 An act relating to the Beverage Law; amending s.
3 561.20, F.S.; authorizing certain food service
4 establishments to sell or deliver alcoholic beverages
5 for off-premises consumption if specified requirements
6 are met; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraph (a) of subsection (2) of section
11 561.20, Florida Statutes, is amended to read:
12 561.20 Limitation upon number of licenses issued.—
13 (2)(a) The limitation of the number of licenses as provided
14 in this section does not prohibit the issuance of a special
15 license to:
16 1. Any bona fide hotel, motel, or motor court of not fewer
17 than 80 guest rooms in any county having a population of less
18 than 50,000 residents, and of not fewer than 100 guest rooms in
19 any county having a population of 50,000 residents or greater;
20 or any bona fide hotel or motel located in a historic structure,
21 as defined in s. 561.01(21), with fewer than 100 guest rooms
22 which derives at least 51 percent of its gross revenue from the
23 rental of hotel or motel rooms, which is licensed as a public
24 lodging establishment by the Division of Hotels and Restaurants;
25 provided, however, that a bona fide hotel or motel with no fewer
26 than 10 and no more than 25 guest rooms which is a historic
27 structure, as defined in s. 561.01(21), in a municipality that
28 on the effective date of this act has a population, according to
29 the University of Florida’s Bureau of Economic and Business
30 Research Estimates of Population for 1998, of no fewer than
31 25,000 and no more than 35,000 residents and that is within a
32 constitutionally chartered county may be issued a special
33 license. This special license shall allow the sale and
34 consumption of alcoholic beverages only on the licensed premises
35 of the hotel or motel. In addition, the hotel or motel must
36 derive at least 60 percent of its gross revenue from the rental
37 of hotel or motel rooms and the sale of food and nonalcoholic
38 beverages; provided that this subparagraph shall supersede local
39 laws requiring a greater number of hotel rooms;
40 2. Any condominium accommodation of which no fewer than 100
41 condominium units are wholly rentable to transients and which is
42 licensed under chapter 509, except that the license shall be
43 issued only to the person or corporation that operates the hotel
44 or motel operation and not to the association of condominium
45 owners;
46 3. Any condominium accommodation of which no fewer than 50
47 condominium units are wholly rentable to transients, which is
48 licensed under chapter 509, and which is located in any county
49 having home rule under s. 10 or s. 11, Art. VIII of the State
50 Constitution of 1885, as amended, and incorporated by reference
51 in s. 6(e), Art. VIII of the State Constitution, except that the
52 license shall be issued only to the person or corporation that
53 operates the hotel or motel operation and not to the association
54 of condominium owners;
55 4. A food service establishment that has 2,500 square feet
56 of service area, is equipped to serve meals to 150 persons at
57 one time, and derives at least 51 percent of its gross food and
58 beverage revenue from the sale of food and nonalcoholic
59 beverages during the first 60-day operating period and each 12
60 month operating period thereafter. A licensee under this
61 subparagraph may sell or deliver alcoholic beverages by the
62 package for off-premises consumption if the alcoholic beverage
63 is in a sealed container and is accompanied by the sale of food
64 within the same order. Any delivery of an alcoholic beverage
65 under this subparagraph must comply with s. 561.57. A food
66 service establishment granted a special license on or after
67 January 1, 1958, pursuant to general or special law may not
68 operate as a package store and may not sell intoxicating
69 beverages under such license after the hours of serving or
70 consumption of food have elapsed. Failure by a licensee to meet
71 the required percentage of food and nonalcoholic beverage gross
72 revenues during the covered operating period shall result in
73 revocation of the license or denial of the pending license
74 application. A licensee whose license is revoked or an applicant
75 whose pending application is denied, or any person required to
76 qualify on the special license application, is ineligible to
77 have any interest in a subsequent application for such a license
78 for a period of 120 days after the date of the final denial or
79 revocation;
80 5. Any caterer, deriving at least 51 percent of its gross
81 food and beverage revenue from the sale of food and nonalcoholic
82 beverages at each catered event, licensed by the Division of
83 Hotels and Restaurants under chapter 509. This subparagraph does
84 not apply to a culinary education program, as defined in s.
85 381.0072(2), which is licensed as a public food service
86 establishment by the Division of Hotels and Restaurants and
87 provides catering services. Notwithstanding any law to the
88 contrary, a licensee under this subparagraph shall sell or serve
89 alcoholic beverages only for consumption on the premises of a
90 catered event at which the licensee is also providing prepared
91 food, and shall prominently display its license at any catered
92 event at which the caterer is selling or serving alcoholic
93 beverages. A licensee under this subparagraph shall purchase all
94 alcoholic beverages it sells or serves at a catered event from a
95 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
96 under s. 565.02(1) subject to the limitation imposed in
97 subsection (1), as appropriate. A licensee under this
98 subparagraph may not store any alcoholic beverages to be sold or
99 served at a catered event. Any alcoholic beverages purchased by
100 a licensee under this subparagraph for a catered event that are
101 not used at that event must remain with the customer; provided
102 that if the vendor accepts unopened alcoholic beverages, the
103 licensee may return such alcoholic beverages to the vendor for a
104 credit or reimbursement. Regardless of the county or counties in
105 which the licensee operates, a licensee under this subparagraph
106 shall pay the annual state license tax set forth in s.
107 565.02(1)(b). A licensee under this subparagraph must maintain
108 for a period of 3 years all records and receipts for each
109 catered event, including all contracts, customers’ names, event
110 locations, event dates, food purchases and sales, alcoholic
111 beverage purchases and sales, nonalcoholic beverage purchases
112 and sales, and any other records required by the department by
113 rule to demonstrate compliance with the requirements of this
114 subparagraph. Notwithstanding any law to the contrary, any
115 vendor licensed under s. 565.02(1) subject to the limitation
116 imposed in subsection (1), may, without any additional licensure
117 under this subparagraph, serve or sell alcoholic beverages for
118 consumption on the premises of a catered event at which prepared
119 food is provided by a caterer licensed under chapter 509. If a
120 licensee under this subparagraph also possesses any other
121 license under the Beverage Law, the license issued under this
122 subparagraph shall not authorize the holder to conduct
123 activities on the premises to which the other license or
124 licenses apply that would otherwise be prohibited by the terms
125 of that license or the Beverage Law. Nothing in this section
126 shall permit the licensee to conduct activities that are
127 otherwise prohibited by the Beverage Law or local law. The
128 Division of Alcoholic Beverages and Tobacco is hereby authorized
129 to adopt rules to administer the license created in this
130 subparagraph, to include rules governing licensure,
131 recordkeeping, and enforcement. The first $300,000 in fees
132 collected by the division each fiscal year pursuant to this
133 subparagraph shall be deposited in the Department of Children
134 and Families’ Operations and Maintenance Trust Fund to be used
135 only for alcohol and drug abuse education, treatment, and
136 prevention programs. The remainder of the fees collected shall
137 be deposited into the Hotel and Restaurant Trust Fund created
138 pursuant to s. 509.072; or
139 6. A culinary education program as defined in s.
140 381.0072(2) which is licensed as a public food service
141 establishment by the Division of Hotels and Restaurants.
142 a. This special license shall allow the sale and
143 consumption of alcoholic beverages on the licensed premises of
144 the culinary education program. The culinary education program
145 shall specify designated areas in the facility where the
146 alcoholic beverages may be consumed at the time of application.
147 Alcoholic beverages sold for consumption on the premises may be
148 consumed only in areas designated pursuant to s. 561.01(11) and
149 may not be removed from the designated area. Such license shall
150 be applicable only in and for designated areas used by the
151 culinary education program.
152 b. If the culinary education program provides catering
153 services, this special license shall also allow the sale and
154 consumption of alcoholic beverages on the premises of a catered
155 event at which the licensee is also providing prepared food. A
156 culinary education program that provides catering services is
157 not required to derive at least 51 percent of its gross revenue
158 from the sale of food and nonalcoholic beverages.
159 Notwithstanding any law to the contrary, a licensee that
160 provides catering services under this sub-subparagraph shall
161 prominently display its beverage license at any catered event at
162 which the caterer is selling or serving alcoholic beverages.
163 Regardless of the county or counties in which the licensee
164 operates, a licensee under this sub-subparagraph shall pay the
165 annual state license tax set forth in s. 565.02(1)(b). A
166 licensee under this sub-subparagraph must maintain for a period
167 of 3 years all records required by the department by rule to
168 demonstrate compliance with the requirements of this sub
169 subparagraph.
170 c. If a licensee under this subparagraph also possesses any
171 other license under the Beverage Law, the license issued under
172 this subparagraph does not authorize the holder to conduct
173 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
176 subparagraph shall permit the licensee to conduct activities
177 that are otherwise prohibited by the Beverage Law or local law.
178 Any culinary education program that holds a license to sell
179 alcoholic beverages shall comply with the age requirements set
180 forth in ss. 562.11(4), 562.111(2), and 562.13.
181 d. The Division of Alcoholic Beverages and Tobacco may
182 adopt rules to administer the license created in this
183 subparagraph, to include rules governing licensure,
184 recordkeeping, and enforcement.
185 e. A license issued pursuant to this subparagraph does not
186 permit the licensee to sell alcoholic beverages by the package
187 for off-premises consumption.
188
189 However, any license heretofore issued to any such hotel, motel,
190 motor court, or restaurant or hereafter issued to any such
191 hotel, motel, or motor court, including a condominium
192 accommodation, under the general law shall not be moved to a new
193 location, such license being valid only on the premises of such
194 hotel, motel, motor court, or restaurant. Licenses issued to
195 hotels, motels, motor courts, or restaurants under the general
196 law and held by such hotels, motels, motor courts, or
197 restaurants on May 24, 1947, shall be counted in the quota
198 limitation contained in subsection (1). Any license issued for
199 any hotel, motel, or motor court under this law shall be issued
200 only to the owner of the hotel, motel, or motor court or, in the
201 event the hotel, motel, or motor court is leased, to the lessee
202 of the hotel, motel, or motor court; and the license shall
203 remain in the name of the owner or lessee so long as the license
204 is in existence. Any special license now in existence heretofore
205 issued under this law cannot be renewed except in the name of
206 the owner of the hotel, motel, motor court, or restaurant or, in
207 the event the hotel, motel, motor court, or restaurant is
208 leased, in the name of the lessee of the hotel, motel, motor
209 court, or restaurant in which the license is located and must
210 remain in the name of the owner or lessee so long as the license
211 is in existence. Any license issued under this section shall be
212 marked “Special,” and nothing herein provided shall limit,
213 restrict, or prevent the issuance of a special license for any
214 restaurant or motel which shall hereafter meet the requirements
215 of the law existing immediately prior to the effective date of
216 this act, if construction of such restaurant has commenced prior
217 to the effective date of this act and is completed within 30
218 days thereafter, or if an application is on file for such
219 special license at the time this act takes effect; and any such
220 licenses issued under this proviso may be annually renewed as
221 now provided by law. Nothing herein prevents an application for
222 transfer of a license to a bona fide purchaser of any hotel,
223 motel, motor court, or restaurant by the purchaser of such
224 facility or the transfer of such license pursuant to law.
225 Section 2. This act shall take effect July 1, 2021.