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 notsell 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.