Senate Bill 0340

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                   SB 340

    By Senator Gutman





    34-420A-99                                              See HB

  1                      A bill to be entitled

  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.

13

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 intoxicating liquors, wines, or beer shall

21  be prohibited or permitted in said county, and to decide also

22  whether such sale, if permitted by said election, shall be

23  restricted to sales by the package as hereinafter defined; or.

24         (b)  Whether intoxicating liquors, wines, or beer shall

25  be sold by the drink for consumption on premises as provided

26  in s. 567.07(3).

27         (6)  It is the purpose and intent of the Legislature

28  that such election shall obviate the necessity for holding two

29  separate elections, except as provided in s. 567.07(3), by

30  determining in one election:

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                   SB 340
    34-420A-99                                              See HB




  1         (a)  Whether the sale of intoxicating liquors, wines,

  2  or beer shall be prohibited or permitted, and

  3         (b)  If such sales are determined to be permitted, to

  4  further determine whether the sales so made shall be limited

  5  to sales by the package as herein before defined, or whether

  6  sales by the drink on the premises, as well as sales by the

  7  package, may be permitted.

  8

  9  A majority of those legally voting at such election must cast

10  their votes for selling intoxicating liquors, wines, or beer

11  in order that the results of the election on the second

12  question shall be effective and binding.

13         Section 2.  Subsection (3) is added to section 567.06,

14  Florida Statutes, to read:

15         567.06  Form of ballot; canvassing votes.--

16         (3)  However, for a local option election authorized by

17  s. 567.01(2)(b) on the sole question of whether intoxicating

18  liquors, wines, or beer may be sold by the drink for

19  consumption on premises, ballot instructions shall be

20  presented in the following form:

21

22  INSTRUCTIONS:  Local Option Election on the Following

23  Question:

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25         THE QUESTION BEFORE THE ELECTORATE is to decide

26         whether intoxicating liquors, wines, or beer,

27         containing more than 6.243 percent of alcohol

28         by volume, may be sold by the drink for

29         consumption on premises in (      ) County,

30         Florida.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                   SB 340
    34-420A-99                                              See HB




  1              For Sales by the Drink:

  2

  3  followed by the word "yes" and also by the word "no," and

  4  shall be styled in such a manner that a "yes" vote will

  5  indicate approval of the question and a "no" vote will

  6  indicate rejection.

  7         Section 3.  Subsection (3) of section 567.07, Florida

  8  Statutes, is renumbered as subsection (4), and a new

  9  subsection (3) is added to said section to read:

10         567.07  Results of election.--

11         (3)  In the event a majority of those legally voting at

12  any such election cast their vote "For Selling Intoxicating

13  Liquors, Wines, or Beer" on question number 1 and a majority

14  of the votes legally cast on question number 2 be "For Sales

15  by the Package Only" then, after the expiration of 2 years, an

16  election pursuant to s. 567.01(2)(b) may be held to determine

17  the sole question of whether intoxicating liquors, wines, or

18  beer may be sold by the drink for consumption on premises.  If

19  a majority of those legally voting cast their votes for

20  selling intoxicating liquors, wines, or beer by the drink for

21  consumption on premises, then such alcoholic beverages may be

22  sold as otherwise provided by law in that county until

23  otherwise determined in an election, which shall not be held

24  oftener than once every 2 years.  If a majority of those

25  legally voting cast their vote against the sale of

26  intoxicating liquors, wines, or beer by the drink for

27  consumption on premises, then sales by the package only shall

28  continue.

29         Section 4.  This act shall take effect July 1, 1999.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                   SB 340
    34-420A-99                                              See HB




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  2                          HOUSE SUMMARY

  3
      Provides for local option elections to determine sales of
  4    intoxicating liquors, wines, or beer by the drink and
      provides ballot instructions for such local option
  5    elections. Provides for a local option election for the
      sole purpose of determining whether intoxicating liquors,
  6    wines, or beer may be sold by the drink for consumption
      on premises. See bill for details.
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