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The Florida Senate

2011 Florida Statutes

Title XXXIV ALCOHOLIC BEVERAGES AND TOBACCO
Chapter 561 BEVERAGE LAW: ADMINISTRATION Entire Chapter
SECTION 57
Deliveries by licensees.
F.S. 561.57
561.57 Deliveries by licensees.—
(1) Vendors shall be permitted to make deliveries away from their places of business of sales actually made at the licensed place of business; provided, telephone or mail orders received at vendor’s licensed place of business shall be construed as a sale actually made at the vendor’s licensed place of business.
(2) Deliveries made by a manufacturer, distributor, or vendor away from his or her place of business may be made only in vehicles which are owned or leased by the licensee. By acceptance of an alcoholic beverage license and the use of such vehicles, the licensee agrees that such vehicle shall always be subject to be inspected and searched without a search warrant, for the purpose of ascertaining that all provisions of the alcoholic beverage laws are complied with, by authorized employees of the division and also by sheriffs, deputy sheriffs, and police officers during business hours or other times the vehicle is being used to transport or deliver alcoholic beverages.
(3) Any vendor may transport alcoholic beverage purchases from a distributor’s place of business to the vendor’s licensed premises or off-premises storage, provided that a vehicle permit or decal is attached to the vendor’s owned or leased vehicle.
(4) The division shall have prepared for issuance vehicle permits or decals suitable to be attached to such vehicles, with the words, “Beverage Vehicle No.  ,” which may be obtained by any vendor upon payment of a fee of $5 to the division. Such permits shall be valid and will not expire unless the vendor disposes of his or her vehicle, or the vendor’s alcoholic beverage license is transferred, canceled, not renewed, or is revoked by the division, whichever occurs first. By acceptance of a vehicle permit, the licensee agrees that such vehicle shall always be subject to be inspected and searched without a search warrant, for the purpose of ascertaining that all provisions of the alcoholic beverage laws are complied with, by authorized employees of the division and also by sheriffs, deputy sheriffs, and police officers during business hours or other times the vehicle is being used to transport or deliver alcoholic beverages.
(5) Nothing contained in this section shall prohibit deliveries by the licensee from his or her permitted storage area or deliveries by a distributor from the manufacturer to his or her licensed premises; nor shall a pool buying agent be prohibited from transporting pool purchases to the licensed premises of his or her members with the licensee’s owned or leased vehicles, and in such cases, no vehicle permit shall be required in the transporting of such alcoholic beverages. In addition, a licensed salesperson of wine and spirits is authorized to deliver alcoholic beverages in his or her vehicle on behalf of the distributor without having to obtain a vehicle permit.
(6) Common carriers are not required to have vehicle permits to transport alcoholic beverages.
History.—s. 11(c), ch. 16774, 1935; CGL 1936 Supp. 4151(237); s. 1, ch. 20830, 1941; s. 17, ch. 25359, 1949; s. 32, ch. 57-420; s. 14, ch. 63-562; ss. 16, 35, ch. 69-106; s. 1, ch. 72-230; s. 6, ch. 88-308; s. 851, ch. 97-103.