Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 400
       
       
       
       
       
                               Ì411446&Î411446                          
       
       576-03833-17                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    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. 564.01, F.S.; redefining the term “wine”;
   20         repealing s. 564.05, F.S., relating to limitations on
   21         the size of individual wine containers; amending s.
   22         564.055, F.S.; authorizing the packaging, filling,
   23         refilling, or sale, of cider in growlers; amending s.
   24         564.09, F.S.; revising provisions authorizing a
   25         restaurant to allow a patron to remove a resealed wine
   26         container from a restaurant for off-premises
   27         consumption; amending s. 565.03, F.S.; specifying the
   28         state license tax for craft distilleries; providing an
   29         effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Subsection (2) of section 561.11, Florida
   34  Statutes, is amended to read:
   35         561.11 Power and authority of division.—
   36         (2) The division shall have full power and authority to
   37  provide for the continuous training, appointment, and upgrading
   38  of all division personnel in their respective positions with the
   39  division. Notwithstanding any other law, chiefs, assistant
   40  chiefs, regional managers, including majors, and district or
   41  office managers, including captains, shall have Selected Exempt
   42  Service status in the state personnel designation. The This
   43  training shall include the attendance of division personnel at
   44  workshops, seminars, or special schools established by the
   45  division or other organizations when attendance at such
   46  educational programs shall in the opinion of the division be
   47  deemed appropriate to the particular position that which the
   48  employee holds.
   49         Section 2. Subsection (2) of section 561.17, Florida
   50  Statutes, is amended to read:
   51         561.17 License and registration applications; approved
   52  person.—
   53         (2) All applications for alcoholic beverage licenses for
   54  consumption on the premises shall be accompanied by a
   55  certificate of the Division of Hotels and Restaurants of the
   56  Department of Business and Professional Regulation or the
   57  Department of Agriculture and Consumer Services or the
   58  Department of Health or the Agency for Health Care
   59  Administration or the county health department that the place of
   60  business wherein the business is to be conducted meets all of
   61  the sanitary requirements of the state.
   62         Section 3. Paragraph (a) of subsection (2) of section
   63  561.20, Florida Statutes, is amended to read:
   64         561.20 Limitation upon number of licenses issued.—
   65         (2)(a) The limitation of the number of licenses as provided
   66  in this section does not prohibit the issuance of a special
   67  license to:
   68         1. Any bona fide hotel, motel, or motor court of not fewer
   69  than 80 guest rooms in any county having a population of less
   70  than 50,000 residents, and of not fewer than 100 guest rooms in
   71  any county having a population of 50,000 residents or greater;
   72  or any bona fide hotel or motel located in a historic structure,
   73  as defined in s. 561.01(21), with fewer than 100 guest rooms
   74  which derives at least 51 percent of its gross revenue from the
   75  rental of hotel or motel rooms, which is licensed as a public
   76  lodging establishment by the Division of Hotels and Restaurants;
   77  provided, however, that a bona fide hotel or motel with no fewer
   78  than 10 and no more than 25 guest rooms which is a historic
   79  structure, as defined in s. 561.01(21), in a municipality that
   80  on the effective date of this act has a population, according to
   81  the University of Florida’s Bureau of Economic and Business
   82  Research Estimates of Population for 1998, of no fewer than
   83  25,000 and no more than 35,000 residents and that is within a
   84  constitutionally chartered county may be issued a special
   85  license. This special license shall allow the sale and
   86  consumption of alcoholic beverages only on the licensed premises
   87  of the hotel or motel. In addition, the hotel or motel must
   88  derive at least 60 percent of its gross revenue from the rental
   89  of hotel or motel rooms and the sale of food and nonalcoholic
   90  beverages; provided that the provisions of this subparagraph
   91  shall supersede local laws requiring a greater number of hotel
   92  rooms;
   93         2. Any condominium accommodation of which no fewer than 100
   94  condominium units are wholly rentable to transients and which is
   95  licensed under the provisions of chapter 509, except that the
   96  license shall be issued only to the person or corporation which
   97  operates the hotel or motel operation and not to the association
   98  of condominium owners;
   99         3. Any condominium accommodation of which no fewer than 50
  100  condominium units are wholly rentable to transients, which is
  101  licensed under the provisions of chapter 509, and which is
  102  located in any county having home rule under s. 10 or s. 11,
  103  Art. VIII of the State Constitution of 1885, as amended, and
  104  incorporated by reference in s. 6(e), Art. VIII of the State
  105  Constitution, except that the license shall be issued only to
  106  the person or corporation that which operates the hotel or motel
  107  operation and not to the association of condominium owners;
  108         4. A food service establishment that has 2,500 square feet
  109  of service area, is equipped to serve meals to 150 persons at
  110  one time, and derives at least 51 percent of its gross food and
  111  beverage revenue from the sale of food and nonalcoholic
  112  beverages during the first 60-day operating period and each 12
  113  month operating period thereafter. A food service establishment
  114  granted a special license on or after January 1, 1958, pursuant
  115  to general or special law may not operate as a package store and
  116  may not sell intoxicating beverages under such license after the
  117  hours of serving or consumption of food have elapsed. Failure by
  118  a licensee to meet the required percentage of food and
  119  nonalcoholic beverage gross revenues during the covered
  120  operating period shall result in revocation of the license or
  121  denial of the pending license application. A licensee whose
  122  license is revoked or an applicant whose pending application is
  123  denied, or any person required to qualify on the special license
  124  application, is ineligible to have any interest in a subsequent
  125  application for such a license for a period of 120 days after
  126  the date of the final denial or revocation;
  127         5. Any caterer, deriving at least 51 percent of its gross
  128  food and beverage revenue from the sale of food and nonalcoholic
  129  beverages, licensed by the Division of Hotels and Restaurants
  130  under chapter 509. This subparagraph does not apply to a
  131  culinary education program, as defined in s. 381.0072(2), which
  132  is licensed as a public food service establishment by the
  133  Division of Hotels and Restaurants and provides catering
  134  services. Notwithstanding any other provision of law to the
  135  contrary, a licensee under this subparagraph shall sell or serve
  136  alcoholic beverages only for consumption on the premises of a
  137  catered event at which the licensee is also providing prepared
  138  food, and shall prominently display its license at any catered
  139  event at which the caterer is selling or serving alcoholic
  140  beverages. The caterer must ensure that each catered event meets
  141  the 51 percent food and nonalcoholic beverage requirement. A
  142  licensee under this subparagraph shall purchase all alcoholic
  143  beverages it sells or serves at a catered event from a vendor
  144  licensed under s. 563.02(1), s. 564.02(1), or licensed under s.
  145  565.02(1) subject to the limitation imposed in subsection (1),
  146  as appropriate. A licensee under this subparagraph may not store
  147  any alcoholic beverages to be sold or served at a catered event.
  148  Any alcoholic beverages purchased by a licensee under this
  149  subparagraph for a catered event that are not used at that event
  150  must remain with the customer; provided that if the vendor
  151  accepts unopened alcoholic beverages, the licensee may return
  152  such alcoholic beverages to the vendor for a credit or
  153  reimbursement. Regardless of the county or counties in which the
  154  licensee operates, a licensee under this subparagraph shall pay
  155  the annual state license tax set forth in s. 565.02(1)(b). A
  156  licensee under this subparagraph must maintain for a period of 3
  157  years all records and receipts for each catered event, including
  158  all contracts, customers’ names, locations, dates, food
  159  purchases and sales, alcoholic beverage purchases and sales,
  160  nonalcoholic beverage purchases and sales, and any other records
  161  required by the department by rule to demonstrate compliance
  162  with the requirements of this subparagraph, including licensed
  163  vendor receipts for the purchase of alcoholic beverages and
  164  records identifying each customer and the location and date of
  165  each catered event. Notwithstanding any provision of law to the
  166  contrary, any vendor licensed under s. 565.02(1) subject to the
  167  limitation imposed in subsection (1), may, without any
  168  additional licensure under this subparagraph, serve or sell
  169  alcoholic beverages for consumption on the premises of a catered
  170  event at which prepared food is provided by a caterer licensed
  171  under chapter 509. If a licensee under this subparagraph also
  172  possesses any other license under the Beverage Law, the license
  173  issued under this subparagraph shall not authorize the holder to
  174  conduct activities on the premises to which the other license or
  175  licenses apply that would otherwise be prohibited by the terms
  176  of that license or the Beverage Law. Nothing in this section
  177  shall permit the licensee to conduct activities that are
  178  otherwise prohibited by the Beverage Law or local law. The
  179  Division of Alcoholic Beverages and Tobacco is hereby authorized
  180  to adopt rules to administer the license created in this
  181  subparagraph, to include rules governing licensure,
  182  recordkeeping, and enforcement. The first $300,000 in fees
  183  collected by the division each fiscal year pursuant to this
  184  subparagraph shall be deposited in the Department of Children
  185  and Families’ Operations and Maintenance Trust Fund to be used
  186  only for alcohol and drug abuse education, treatment, and
  187  prevention programs. The remainder of the fees collected shall
  188  be deposited into the Hotel and Restaurant Trust Fund created
  189  pursuant to s. 509.072; or
  190         6. A culinary education program as defined in s.
  191  381.0072(2) which is licensed as a public food service
  192  establishment by the Division of Hotels and Restaurants.
  193         a. This special license shall allow the sale and
  194  consumption of alcoholic beverages on the licensed premises of
  195  the culinary education program. The culinary education program
  196  shall specify designated areas in the facility where the
  197  alcoholic beverages may be consumed at the time of application.
  198  Alcoholic beverages sold for consumption on the premises may be
  199  consumed only in areas designated pursuant to s. 561.01(11) and
  200  may not be removed from the designated area. Such license shall
  201  be applicable only in and for designated areas used by the
  202  culinary education program.
  203         b. If the culinary education program provides catering
  204  services, this special license shall also allow the sale and
  205  consumption of alcoholic beverages on the premises of a catered
  206  event at which the licensee is also providing prepared food. A
  207  culinary education program that provides catering services is
  208  not required to derive at least 51 percent of its gross revenue
  209  from the sale of food and nonalcoholic beverages.
  210  Notwithstanding any other provision of law to the contrary, a
  211  licensee that provides catering services under this sub
  212  subparagraph shall prominently display its beverage license at
  213  any catered event at which the caterer is selling or serving
  214  alcoholic beverages. Regardless of the county or counties in
  215  which the licensee operates, a licensee under this sub
  216  subparagraph shall pay the annual state license tax set forth in
  217  s. 565.02(1)(b). A licensee under this sub-subparagraph must
  218  maintain for a period of 3 years all records required by the
  219  department by rule to demonstrate compliance with the
  220  requirements of this sub-subparagraph.
  221         c. If a licensee under this subparagraph also possesses any
  222  other license under the Beverage Law, the license issued under
  223  this subparagraph does not authorize the holder to conduct
  224  activities on the premises to which the other license or
  225  licenses apply that would otherwise be prohibited by the terms
  226  of that license or the Beverage Law. Nothing in this
  227  subparagraph shall permit the licensee to conduct activities
  228  that are otherwise prohibited by the Beverage Law or local law.
  229  Any culinary education program that holds a license to sell
  230  alcoholic beverages shall comply with the age requirements set
  231  forth in ss. 562.11(4), 562.111(2), and 562.13.
  232         d. The Division of Alcoholic Beverages and Tobacco may
  233  adopt rules to administer the license created in this
  234  subparagraph, to include rules governing licensure,
  235  recordkeeping, and enforcement.
  236         e. A license issued pursuant to this subparagraph does not
  237  permit the licensee to sell alcoholic beverages by the package
  238  for off-premises consumption.
  239  
  240  However, any license heretofore issued to any such hotel, motel,
  241  motor court, or restaurant or hereafter issued to any such
  242  hotel, motel, or motor court, including a condominium
  243  accommodation, under the general law shall not be moved to a new
  244  location, such license being valid only on the premises of such
  245  hotel, motel, motor court, or restaurant. Licenses issued to
  246  hotels, motels, motor courts, or restaurants under the general
  247  law and held by such hotels, motels, motor courts, or
  248  restaurants on May 24, 1947, shall be counted in the quota
  249  limitation contained in subsection (1). Any license issued for
  250  any hotel, motel, or motor court under the provisions of this
  251  law shall be issued only to the owner of the hotel, motel, or
  252  motor court or, in the event the hotel, motel, or motor court is
  253  leased, to the lessee of the hotel, motel, or motor court; and
  254  the license shall remain in the name of the owner or lessee so
  255  long as the license is in existence. Any special license now in
  256  existence heretofore issued under the provisions of this law
  257  cannot be renewed except in the name of the owner of the hotel,
  258  motel, motor court, or restaurant or, in the event the hotel,
  259  motel, motor court, or restaurant is leased, in the name of the
  260  lessee of the hotel, motel, motor court, or restaurant in which
  261  the license is located and must remain in the name of the owner
  262  or lessee so long as the license is in existence. Any license
  263  issued under this section shall be marked “Special,” and nothing
  264  herein provided shall limit, restrict, or prevent the issuance
  265  of a special license for any restaurant or motel which shall
  266  hereafter meet the requirements of the law existing immediately
  267  prior to the effective date of this act, if construction of such
  268  restaurant has commenced prior to the effective date of this act
  269  and is completed within 30 days thereafter, or if an application
  270  is on file for such special license at the time this act takes
  271  effect; and any such licenses issued under this proviso may be
  272  annually renewed as now provided by law. Nothing herein prevents
  273  an application for transfer of a license to a bona fide
  274  purchaser of any hotel, motel, motor court, or restaurant by the
  275  purchaser of such facility or the transfer of such license
  276  pursuant to law.
  277         Section 4. Subsections (1) and (3) of section 561.331,
  278  Florida Statutes, are amended to read:
  279         561.331 Temporary license upon application for transfer,
  280  change of location, or change of type or series.—
  281         (1) Upon the filing of a properly completed application for
  282  transfer pursuant to s. 561.32, which application does not on
  283  its face disclose any reason for denying an alcoholic beverage
  284  license, by any purchaser of a business that which possesses a
  285  beverage license of any type or series, the purchaser of such
  286  business and the applicant for transfer are entitled as a matter
  287  of right to receive a temporary beverage license of the same
  288  type and series as that held by the seller of such business. The
  289  temporary license will be valid for all purposes under the
  290  Beverage Law until the application is denied or until 14 days
  291  after the application is approved. Such temporary beverage
  292  license shall be issued by the district supervisor of the
  293  district in which the application for transfer is made without
  294  the assessment of any additional fee or tax upon the payment of
  295  a fee of $100. A purchaser operating under the provisions of
  296  this subsection is subject to the same rights, privileges,
  297  duties, and limitations of a beverage licensee as are provided
  298  by law, except that purchases of alcoholic beverages during the
  299  term of such temporary license shall be for cash only. However,
  300  such cash-only restriction does not apply if the entity holding
  301  a temporary license pursuant to this section purchases alcoholic
  302  beverages as part of a single-transaction cooperative purchase
  303  placed by a pool buying agent or if such entity is also the
  304  holder of a state beverage license authorizing the purchase of
  305  the same type of alcoholic beverages as authorized under the
  306  temporary license.
  307         (3) Upon the filing of a properly completed application to
  308  change the type or series of a beverage license by any qualified
  309  licensee having a beverage license of any type or series, which
  310  application does not on its face disclose any reason for denying
  311  an alcoholic beverage license, the licensee is entitled as a
  312  matter of right to receive a temporary beverage license of the
  313  type or series applied for, which temporary license is valid for
  314  all purposes under the Beverage Law until the application is
  315  denied or until 14 days after the application is approved. Such
  316  temporary license shall be issued by the district supervisor of
  317  the district in which the application for change of type or
  318  series is made without the assessment of any additional fee or
  319  tax. If the department issues a notice of intent to deny the
  320  license application for failure of the applicant to disclose the
  321  information required by s. 561.15(2) or (4), the temporary
  322  license for transfer, change of location, or change of type of
  323  series expires and shall not be extended during any proceeding
  324  for administrative or judicial review pursuant to chapter 120.
  325  If the fee for the type or series or license applied for is
  326  greater than the fee for the license then held by the applicant,
  327  the applicant for such temporary license must pay a fee in the
  328  amount of $100 or one-fourth of the difference between the fees,
  329  whichever amount is greater. A fee is not required for an
  330  application for a temporary license of a type or series for
  331  which the fee is the same as or less than the fee for the
  332  license then held by the applicant. The holder of a temporary
  333  license under this subsection is subject to the same rights,
  334  privileges, duties, and limitations of a beverage licensee as
  335  are provided by law.
  336         Section 5. Subsection (1) of section 564.01, Florida
  337  Statutes, is amended to read:
  338         564.01 Definitions.—
  339         (1) “Wine” means all beverages made from fresh fruits,
  340  berries, or grapes, either by natural fermentation or by natural
  341  fermentation with brandy added, in the manner required by the
  342  laws and regulations of the United States, and includes all
  343  sparkling wines, champagnes, combination of the aforesaid
  344  beverages, sake, vermouths, and like products. Sugar, flavors,
  345  and coloring materials may be added to wine to make it conform
  346  to the consumer’s taste, except that the ultimate flavor or the
  347  color of the product may not be altered to imitate a beverage
  348  other than wine or to change the character of the wine.
  349         Section 6. Section 564.05, Florida Statutes, is repealed.
  350         Section 7. Section 564.055, Florida Statutes, is amended to
  351  read
  352         564.055 Cider containers.—Notwithstanding any other law to
  353  the contrary, cider, as defined in s. 564.06(4), may be sold by
  354  vendors at retail in any size individual container containing no
  355  more than 32 ounces of cider; however, this section does not
  356  prohibit cider from being packaged and sold in bulk, in kegs or
  357  barrels, or in any individual container that contains 1 gallon
  358  or more of cider, regardless of container type. In addition,
  359  cider may be packaged, filled, refilled, or sold in 32 ounce, 64
  360  ounce, and 1 gallon growlers in the same manner and under the
  361  same restrictions as authorized for malt beverages pursuant to
  362  s. 563.06(7).
  363         Section 8. Section 564.09, Florida Statutes, is amended to
  364  read:
  365         564.09 Restaurants; off-premises consumption of wine.
  366  Notwithstanding any other provision of law, a restaurant
  367  licensed to sell wine on the premises may permit a patron to
  368  remove one unsealed bottle of wine for consumption off the
  369  premises if the patron has purchased a full course meal
  370  consisting of a salad or vegetable, entree, a beverage, and
  371  bread and consumed a portion of the bottle of wine with such
  372  meal on the restaurant premises. A partially consumed bottle of
  373  wine that is to be removed from the premises must be securely
  374  resealed by the licensee or its employees before removal from
  375  the premises. The partially consumed bottle of wine shall be
  376  placed in a bag or other container that is secured in such a
  377  manner that it is visibly apparent if the container has been
  378  subsequently opened or tampered with, and a dated receipt for
  379  the bottle of wine and full course meal shall be provided by the
  380  licensee and attached to the container. If transported in a
  381  motor vehicle, the container with the resealed bottle of wine
  382  must be placed in a locked glove compartment, a locked trunk, or
  383  the area behind the last upright seat of a motor vehicle that is
  384  not equipped with a trunk.
  385         Section 9. Paragraph (a) of subsection (2) of section
  386  565.03, Florida Statutes, is amended to read:
  387         565.03 License fees; manufacturers, distributors, brokers,
  388  sales agents, and importers of alcoholic beverages; vendor
  389  licenses and fees; craft distilleries.—
  390         (2)(a) A distillery authorized to do business under the
  391  Beverage Law shall pay an annual state license tax for each
  392  plant or branch operating in the state, as follows:
  393         1. If engaged in the business of manufacturing distilled
  394  spirits, not including craft distilleries, a state license tax
  395  of $4,000.
  396         2. If engaged in the business of manufacturing distilled
  397  spirits as a craft distillery, a state license tax of $1,000.
  398         3.2. If engaged in the business of rectifying and blending
  399  spirituous liquors and nothing else, a state license tax of
  400  $4,000.
  401         Section 10. This act shall take effect July 1, 2017.