Senate Bill 0340c1

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    Florida Senate - 1999                            CS for SB 340

    By the Committee on Regulated Industries and Senator Gutman





    315-1787-99

  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:

15

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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    Florida Senate - 1999                            CS for SB 340
    315-1787-99




  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.

10

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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    Florida Senate - 1999                            CS for SB 340
    315-1787-99




  1         consumption on premises in (      ) County,

  2         Florida.

  3

  4              For Sales by the Drink:

  5

  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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    Florida Senate - 1999                            CS for SB 340
    315-1787-99




  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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18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                              SB 340

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21  Inserts omitted existing statutory text and revises s. 567.01,
    F.S., to clarify that the "by the drink" only election is to
22  be held only after a prior election has determined that sales
    of intoxicating beverages are to be allowed in the county.
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