House Bill 0095c1

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    Florida House of Representatives - 1999               CS/HB 95

        By the Committee on Regulated Services and Representative
    Cosgrove





  1                      A bill to be entitled

  2         An act relating to alcoholic beverage licenses;

  3         amending s. 561.01, F.S.; defining the term

  4         "historic structures"; amending s. 561.20,

  5         F.S.; providing for the issuance of special

  6         alcoholic beverage licenses to certain hotels

  7         and motels with no fewer than 10 and no more

  8         than 25 guest rooms in municipalities which are

  9         within a specified population range; providing

10         an effective date.

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

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14         Section 1.  Subsection (21) is added to s. 561.01,

15  Florida Statutes, to read:

16         561.01  Definitions.--As used in the Beverage Law:

17         (21)  For purposes of license qualification pursuant to

18  s. 561.20(2)(a)1. the term "historic structure" means a

19  structure which is listed on the National Register of Historic

20  Places pursuant to the National Historic Preservation Act of

21  1966, or is within and contributes to a registered historic

22  district pursuant to 26 U.S.C. s. 48(g)(3)(B), or has been

23  found to meet the criteria of historical significance of the

24  Division of Historical Resources of the Department of State,

25  as certified by that division or by a locally established

26  historic preservation board or commission, or like body, which

27  has been granted authority to designate historically

28  significant properties by the jurisdiction within which the

29  hotel or motel is located.

30         Section 2.  Paragraph (a) of subsection (2) of section

31  561.20, Florida Statutes, is amended to read:

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  1         561.20  Limitation upon number of licenses issued.--

  2         (2)(a)  No such limitation of the number of licenses as

  3  herein provided shall henceforth prohibit the issuance of a

  4  special license to:

  5         1.  Any bona fide hotel, motel, or motor court of not

  6  fewer than 80 guest rooms in any county having a population of

  7  less than 50,000 residents, and of not fewer than 100 guest

  8  rooms in any county having a population of 50,000 residents or

  9  greater; or any bona fide hotel or motel located in a historic

10  structure, as defined in s. 561.01(21), with of fewer than 100

11  guest rooms which derives at least 51 percent of its gross

12  revenue from the rental of hotel or motel rooms, which is

13  licensed as a public lodging establishment by the Division of

14  Hotels and Restaurants; provided, however, that a bona fide

15  hotel or motel with no fewer than 10 and no more than 25 guest

16  rooms which is located in a historic structure, as defined in

17  s. 561.01(21), in municipalities with a population of no fewer

18  than 25,000 and no more than 50,000 residents, may be issued a

19  special license.  This special license shall allow the sale

20  and consumption of alcoholic beverages only on the licensed

21  premises of the hotel or motel.  In addition, the hotel or

22  motel must derive at least 60 percent of its gross revenue

23  from the rental of hotel or motel rooms and the sale of food

24  and nonalcoholic beverages;, and which is listed on the

25  National Register of Historic Places pursuant to the National

26  Historic Preservation Act of 1966, or is within and

27  contributes to a registered historic district pursuant to 26

28  U.S.C. s. 48(g)(3)(B), or has been found to meet the criteria

29  of historical significance of the Division of Historical

30  Resources of the Department of State, as certified by that

31  division or by a locally established historic preservation

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  1  board or commission, or like body, which has been granted

  2  authority to designate historically significant properties by

  3  the jurisdiction within which the hotel or motel is located;

  4  provided that the provisions of this subparagraph shall

  5  supersede local laws requiring a greater number of hotel

  6  rooms;

  7         2.  Any condominium accommodation of which no fewer

  8  than 100 condominium units are wholly rentable to transients

  9  and which is licensed under the provisions of chapter 509,

10  except that the license shall be issued only to the person or

11  corporation which operates the hotel or motel operation and

12  not to the association of condominium owners;

13         3.  Any condominium accommodation of which no fewer

14  than 50 condominium units are wholly rentable to transients,

15  which is licensed under the provisions of chapter 509, and

16  which is located in any county having home rule under s. 10 or

17  s. 11, Art. VIII of the State Constitution of 1885, as

18  amended, and incorporated by reference in s. 6(e), Art. VIII

19  of the State Constitution, except that the license shall be

20  issued only to the person or corporation which operates the

21  hotel or motel operation and not to the association of

22  condominium owners; or

23         4.  Any restaurant having 2,500 square feet of service

24  area and equipped to serve 150 persons full course meals at

25  tables at one time, and deriving at least 51 percent of its

26  gross revenue from the sale of food and nonalcoholic

27  beverages; however, no restaurant granted a special license on

28  or after January 1, 1958, pursuant to general or special law

29  shall operate as a package store, nor shall intoxicating

30  beverages be sold under such license after the hours of

31  serving food have elapsed.  However, any license heretofore

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  1  issued to any such hotel, motel, motor court, or restaurant or

  2  hereafter issued to any such hotel, motel, or motor court,

  3  including a condominium accommodation, under the general law

  4  shall not be moved to a new location, such license being valid

  5  only on the premises of such hotel, motel, motor court, or

  6  restaurant. Licenses issued to hotels, motels, motor courts,

  7  or restaurants under the general law and held by such hotels,

  8  motels, motor courts, or restaurants on May 24, 1947, shall be

  9  counted in the quota limitation contained in subsection (1).

10  Any license issued for any hotel, motel, or motor court under

11  the provisions of this law shall be issued only to the owner

12  of the hotel, motel, or motor court or, in the event the

13  hotel, motel, or motor court is leased, to the lessee of the

14  hotel, motel, or motor court; and the license shall remain in

15  the name of the owner or lessee so long as the license is in

16  existence.  Any special license now in existence heretofore

17  issued under the provisions of this law cannot be renewed

18  except in the name of the owner of the hotel, motel, motor

19  court, or restaurant or, in the event the hotel, motel, motor

20  court, or restaurant is leased, in the name of the lessee of

21  the hotel, motel, motor court, or restaurant in which the

22  license is located and must remain in the name of the owner or

23  lessee so long as the license is in existence.  Any license

24  issued under this section shall be marked "Special," and

25  nothing herein provided shall limit, restrict, or prevent the

26  issuance of a special license for any restaurant or motel

27  which shall hereafter meet the requirements of the law

28  existing immediately prior to the effective date of this act,

29  if construction of such restaurant has commenced prior to the

30  effective date of this act and is completed within 30 days

31  thereafter, or if an application is on file for such special

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  1  license at the time this act takes effect; and any such

  2  licenses issued under this proviso may be annually renewed as

  3  now provided by law.  Nothing herein prevents an application

  4  for transfer of a license to a bona fide purchaser of any

  5  hotel, motel, motor court, or restaurant by the purchaser of

  6  such facility or the transfer of such license pursuant to law.

  7         Section 3.  This act shall take effect upon becoming a

  8  law.

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