House Bill 0209er
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    1999 Legislature                       HB 209, First Engrossed
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  2         An act relating to alcohol sales; amending s.
  3         567.01, F.S.; providing for local option
  4         elections to determine sales of intoxicating
  5         liquors, wines, or beer by the drink; amending
  6         s. 567.06, F.S.; providing ballot instructions
  7         for local option elections; amending s. 567.07,
  8         F.S.; providing for a local option election for
  9         sole purpose of determining whether
10         intoxicating liquors, wines, or beer may be
11         sold by the drink for consumption on premises;
12         providing an effective date.
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14  Be It Enacted by the Legislature of the State of Florida:
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16         Section 1.  Subsections (2) and (6) of section 567.01,
17  Florida Statutes, are amended to read:
18         567.01  Petition, order, notice of election.--
19         (2)  The election so ordered shall be to decide either:
20         (a)  Whether the sale of intoxicating liquors, wines,
21  or beer shall be prohibited or permitted in said county, and
22  to decide also whether such sale, if permitted by said
23  election, shall be restricted to sales by the package as
24  hereinafter defined; or
25         (b)  After a prior election has authorized such sale
26  and has restricted sales to by the package only, whether
27  intoxicating liquors, wines, or beer shall be sold by the
28  drink for consumption on premises as provided in s.
29  567.07(2)(c).
30         (6)  It is the purpose and intent of the Legislature
31  that such election shall obviate the necessity for holding two
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    1999 Legislature                       HB 209, First Engrossed
  1  separate elections, except as provided in s. 567.07(2)(c), by
  2  determining in one election:
  3         (a)  Whether the sale of intoxicating liquors, wines,
  4  or beer shall be prohibited or permitted, and
  5         (b)  If such sales are determined to be permitted, to
  6  further determine whether the sales so made shall be limited
  7  to sales by the package as herein before defined, or whether
  8  sales by the drink on the premises, as well as sales by the
  9  package, may be permitted.
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11  A majority of those legally voting at such election must cast
12  their votes for selling intoxicating liquors, wines, or beer
13  in order that the results of the election on the second
14  question shall be effective and binding.
15         Section 2.  Subsection (3) is added to section 567.06,
16  Florida Statutes, to read:
17         567.06  Form of ballot; canvassing votes.--
18         (3)  However, for a local option election authorized by
19  s. 567.01(2)(b) on the sole question of whether intoxicating
20  liquors, wines, or beer may be sold by the drink for
21  consumption on premises, ballot instructions shall be
22  presented in the following form:
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24  INSTRUCTIONS:  Local Option Election on the Following
25  Question:
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27         THE QUESTION BEFORE THE ELECTORATE is to decide
28         whether intoxicating liquors, wines, or beer,
29         containing more than 6.243 percent of alcohol
30         by volume, may be sold by the drink for
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    1999 Legislature                       HB 209, First Engrossed
  1         consumption on premises in (      ) County,
  2         Florida.
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  4              For Sales by the Drink:
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  6  followed by the word "yes" and also by the word "no," and
  7  shall be styled in such a manner that a "yes" vote will
  8  indicate approval of the question and a "no" vote will
  9  indicate rejection.
10         Section 3.  Section 567.07, Florida Statutes, is
11  amended to read:
12         567.07  Results of election.--
13         (1)  If Should a majority of those legally voting at
14  any election under s. 567.01 cast their votes "Against Selling
15  Intoxicating Liquors, Wines, or Beer" on question number 1,
16  then no intoxicating liquors, wines, or beer shall be sold in
17  the county in which the said election was held until otherwise
18  determined by an election, which shall not be held oftener
19  than once in every 2 years.
20         (2)  If Should a majority of those legally voting at
21  any such election cast their votes "For Selling Intoxicating
22  Liquors, Wines, or Beer" on question number 1 and a majority
23  of votes legally cast on question number 2 be cast "For Sales
24  by the Package Only," then:
25         (a)  No intoxicating liquors, wines, or beer shall be
26  sold in said county that are not contained in sealed
27  containers., and
28         (b)  No intoxicating liquors, wines, or beer shall be
29  consumed in said county on the premises where such
30  intoxicating liquors, wines, or beer are sold or on any other
31  premise under the control, either directly or indirectly, of
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    1999 Legislature                       HB 209, First Engrossed
  1  the licensee, until otherwise determined in an election, which
  2  shall not be held oftener than once in every 2 years.
  3         (c)  After the expiration of 2 years, an election
  4  pursuant to s. 567.01(2)(b) may be held to determine the sole
  5  question of whether intoxicating liquors, wines, or beer may
  6  be sold by the drink for consumption on premises.  If a
  7  majority of those legally voting cast their votes for selling
  8  intoxicating liquors, wines, or beer by the drink for
  9  consumption on premises, such alcoholic beverages may be sold
10  as otherwise provided by law in that county until otherwise
11  determined in an election, which shall not be held oftener
12  than once every 2 years.  If a majority of those legally
13  voting cast their vote against the sale of intoxicating
14  liquors, wines, or beer by the drink for consumption on
15  premises, sales by the package only shall continue.
16         Section 4.  This act shall take effect July 1, 1999.
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