Senate Bill 1558c1

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    Florida Senate - 1998                           CS for SB 1558

    By the Committee on Regulated Industries and Senator Rossin





    315-1765B-98

  1                      A bill to be entitled

  2         An act relating to temporary licenses and

  3         permits under the Beverage Law; amending ss.

  4         561.331, 561.181, F.S.; declaring that a

  5         temporary license under the Beverage Law is a

  6         distinct and separate classification; providing

  7         for limited validity; providing that, when a

  8         temporary license expires for specified

  9         reasons, the license not be continued or

10         extended; revising conditions for validity of

11         temporary licenses; amending s. 561.422, F.S.;

12         providing an exception for a municipality or

13         county with respect to limitations on temporary

14         permits; providing an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Section 561.331, Florida Statutes, is

19  amended to read:

20         561.331  Temporary license upon application for

21  transfer, change of location, or change of type or series.--

22         (1)  It is the intent of the Legislature that a

23  temporary license is a distinct and separate classification

24  under the Beverage Law. The temporary license is valid only

25  for a limited time as prescribed in this section and is a

26  privilege that is extended when an application is in

27  compliance with this section. The granting of a temporary

28  license does not indicate that the applicant has demonstrated

29  its entitlement to the alcoholic beverage license for which it

30  is applying. When any temporary license expires because of the

31  issuance of a notice of intent to deny the application for

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    Florida Senate - 1998                           CS for SB 1558
    315-1765B-98




  1  transfer, change of location, or change of type or series, it

  2  is the further intent that such temporary license not be

  3  continued or extended for any reason, including any proceeding

  4  filed with any tribunal challenging the denial of the

  5  application filed, and the expiration of the temporary license

  6  is not agency action for the purposes of ss. 120.569 and

  7  120.57.

  8         (2)(1)  Upon the filing of a properly completed

  9  application for transfer pursuant to s. 561.32, which

10  application does not on its face disclose any reason for

11  denying an alcoholic beverage license, by any purchaser of a

12  business which possesses a beverage license of any type or

13  series, the purchaser of such business and the applicant for

14  transfer are entitled as a matter of right to receive a

15  temporary beverage license of the same type and series as that

16  held by the seller of such business.  The temporary license

17  will be valid for all purposes under the Beverage Law until a

18  notice of intent to deny the application is issued denied or

19  until 14 days after the application is approved. Such

20  temporary beverage license shall be issued by the district

21  supervisor of the district in which the application for

22  transfer is made upon the payment of a fee of $100. A

23  temporary licensee purchaser, while operating under a valid

24  temporary license issued under the provisions of this

25  subsection, is subject to the same rights, privileges, duties,

26  and limitations of a beverage licensee as are provided by the

27  Beverage Law, except that purchases of alcoholic beverages

28  during the term of such temporary license shall be for cash

29  only. However, such cash-only restriction does not apply if

30  the entity holding a temporary license pursuant to this

31  section purchases alcoholic beverages as part of a

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    Florida Senate - 1998                           CS for SB 1558
    315-1765B-98




  1  single-transaction cooperative purchase placed by a pool

  2  buying agent or if such entity is also the holder of a state

  3  beverage license authorizing the purchase of the same type of

  4  alcoholic beverages as authorized under the temporary license.

  5         (3)(2)  Upon the filing of a properly completed an

  6  application for change of location pursuant to s. 561.33 by

  7  any qualified licensee who possesses a beverage license of any

  8  type or series, which application does not on its face

  9  disclose any reason for denying an alcoholic beverage license,

10  the licensee is entitled as a matter of right to receive a

11  temporary beverage license of the same series as that license

12  held by the licensee to be valid for all purposes under the

13  Beverage Law until a notice of intent to deny the application

14  is issued denied or until 14 days after the application is

15  approved.  Such temporary license shall be issued by the

16  district supervisor of the district in which the application

17  for change of location is made without the payment of any

18  further fee or tax.  A temporary licensee, while operating

19  under a valid temporary license issued under the provisions of

20  this subsection is subject to the same rights, privileges,

21  duties, and limitations of a beverage licensee as are provided

22  by the Beverage Law.

23         (4)(3)  Upon the filing of a properly completed

24  application to change the type or series of a beverage license

25  by any qualified licensee having a beverage license of any

26  type or series, which application does not on its face

27  disclose any reason for denying an alcoholic beverage license,

28  the licensee is entitled as a matter of right to receive a

29  temporary beverage license of the type or series applied for,

30  which temporary license is valid for all purposes under the

31  Beverage Law until a notice of intent to deny the application

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    Florida Senate - 1998                           CS for SB 1558
    315-1765B-98




  1  is issued denied or until 14 days after the application is

  2  approved.  Such temporary license shall be issued by the

  3  district supervisor of the district in which the application

  4  for change of type or series is made.  If the fee for the type

  5  or series or license applied for is greater than the fee for

  6  the license then held by the applicant, the applicant for such

  7  temporary license must pay a fee in the amount of $100 or

  8  one-fourth of the difference between the fees, whichever

  9  amount is greater.  A fee is not required for an application

10  for a temporary license of a type or series for which the fee

11  is the same as or less than the fee for the license then held

12  by the applicant. The holder of A temporary licensee, while

13  operating under a valid temporary license issued under the

14  provisions of this subsection is subject to the same rights,

15  privileges, duties, and limitations of a beverage licensee as

16  are provided by the Beverage Law.

17         (5)(4)  Nothing in this section shall be construed to

18  permit the transfer or issuance of temporary licenses contrary

19  to the county-by-county limitation on the number of such

20  licenses based on population as provided in s. 561.20(1) or

21  any special act.

22         Section 2.  Section 561.181, Florida Statutes, is

23  amended to read:

24         561.181  Temporary initial licenses.--

25         (1)  It is the intent of the Legislature that a

26  temporary license is a distinct and separate classification

27  under the Beverage Law. The temporary license is valid only

28  for a limited time as prescribed in this section and is a

29  privilege that is extended when an application is in

30  compliance with this section. The granting of a temporary

31  license does not indicate that the applicant has demonstrated

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    Florida Senate - 1998                           CS for SB 1558
    315-1765B-98




  1  its entitlement to the alcoholic beverage license for which it

  2  is applying. When any temporary license expires because of the

  3  issuance of a notice of intent to deny the application filed,

  4  it is the further intent that such temporary license not be

  5  continued or extended for any reason, including any proceeding

  6  filed with any tribunal challenging the denial of the

  7  application filed, and the expiration of the temporary license

  8  is not agency action for the purposes of ss. 120.569 and

  9  120.57.

10         (2)(1)(a)  When any person has filed a properly

11  completed application which does not on its face disclose any

12  reason for denying an alcoholic beverage license, the division

13  shall issue to such person a temporary initial license of the

14  same type and series for which the application has been

15  submitted, to be valid for all purposes under the Beverage

16  Law, except as provided in paragraph (b).

17         (b)  A license issued under this section entitles a

18  vendor to purchase alcoholic beverages for cash only.  This

19  paragraph does not apply:

20         1.  If the entity holding the temporary initial license

21  is also the holder of a beverage license authorizing the

22  purchase of the same type of alcoholic beverages as is

23  authorized under the temporary license.

24         2.  To purchases made as part of a single-transaction

25  cooperative purchase placed by a pool buying agent.

26         (3)(2)  The temporary initial license shall be valid

27  until a notice of intent to deny the application for license

28  is issued denied or until 14 days after the application is

29  approved.

30         (4)(3)  A temporary initial license shall expire and

31  shall not be continued or extended beyond the date the

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    Florida Senate - 1998                           CS for SB 1558
    315-1765B-98




  1  division issues a notice of intent to deny denies the

  2  application for license, beyond 14 days after the date the

  3  division approves the application for license, beyond the date

  4  the applicant pays the license fee for and the division issues

  5  the license applied for, or beyond the date the temporary

  6  initial license otherwise expires by law, whichever date

  7  occurs first.

  8         (5)(4)  Each applicant seeking a temporary initial

  9  license shall pay to the division for such license a fee equal

10  to one-fourth of the annual license fee for the type and

11  series of license being applied for or $100, whichever is

12  greater, which fee shall be deposited into the General Revenue

13  Fund.

14         Section 3.  Section 561.422, Florida Statutes, is

15  amended to read:

16         561.422  Nonprofit civic organizations; temporary

17  permits.--

18         (1)  Upon the filing of an application and payment of a

19  fee of $25 per permit, the director of the division may issue

20  a permit authorizing a bona fide nonprofit civic organization

21  to sell alcoholic beverages for consumption on the premises

22  only, for a period not to exceed 3 days, subject to any state

23  law or municipal or county ordinance regulating the time for

24  selling such beverages.

25         (2)  Any such civic organization may be issued only

26  three such permits per calendar year. However, the

27  three-permit limitation does not apply to any municipality or

28  county that may be issued permits under the provisions of this

29  section.

30         (3)  Notwithstanding other provisions of the Beverage

31  Law, any civic organization licensed under this section may

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    Florida Senate - 1998                           CS for SB 1558
    315-1765B-98




  1  purchase alcoholic beverages from a distributor or vendor

  2  licensed under the Beverage Law.

  3         Section 4.  This act shall take effect July 1, 1998.

  4

  5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  6                             SB 1558

  7

  8  Provides legislative intent that a temporary license expires
    once the division denies an application for a permanent
  9  license and that such temporary license not be continued for
    any reason, including a proceeding challenging the denial.
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    Exempts a city or municipality from the limit under s.
11  561.422, F.S., of three temporary permits per year.

12  Eliminates provisions in the original bill that prohibited an
    alcoholic beverage vendor from employing a person under the
13  age of 18 as a manager.

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