House Bill 0095c2

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    Florida House of Representatives - 1999            CS/CS/HB 95

        By the Committees on Business Development & International
    Trade, Regulated Services and Representatives Cosgrove and
    Sorensen




  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 within

  9         constitutionally chartered counties which are

10         within a specified population range; revising

11         the definition of a specialty center; providing

12         an effective date.

13

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

15

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

17  Florida Statutes, to read:

18         561.01  Definitions.--As used in the Beverage Law:

19         (21)  For purposes of license qualification pursuant to

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

21  structure which is listed on the National Register of Historic

22  Places pursuant to the National Historic Preservation Act of

23  1966, or is within and contributes to a registered historic

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

25  found to meet the criteria of historical significance of the

26  Division of Historical Resources of the Department of State,

27  as certified by that division or by a locally established

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

29  has been granted authority to designate historically

30  significant properties by the jurisdiction within which the

31  hotel or motel is located.

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  1         Section 2.  Paragraphs (a) and (b) of subsection (2) of

  2  section 561.20, Florida Statutes, are amended to read:

  3         561.20  Limitation upon number of licenses issued.--

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

  5  herein provided shall henceforth prohibit the issuance of a

  6  special license to:

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

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

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

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

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

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

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

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

15  licensed as a public lodging establishment by the Division of

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

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

18  rooms which is a historic structure, as defined in s.

19  561.01(21), in a municipality which on the effective date of

20  this act has a population, according to the University of

21  Florida's Bureau of Economic and Business Research Estimates

22  of Population for 1998, of no fewer than 25,000 and no more

23  than 35,000 residents and which is within a constitutionally

24  chartered county, may be issued a special license.  This

25  special license shall allow the sale and consumption of

26  alcoholic beverages only on the licensed premises of the hotel

27  or motel.  In addition, the hotel or motel must derive at

28  least 60 percent of its gross revenue from the rental of hotel

29  or motel rooms and the sale of food and nonalcoholic

30  beverages;, and which is listed on the National Register of

31  Historic Places pursuant to the National Historic Preservation

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    Florida House of Representatives - 1999            CS/CS/HB 95

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  1  Act of 1966, or is within and contributes to a registered

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

  3  been found to meet the criteria of historical significance of

  4  the Division of Historical Resources of the Department of

  5  State, as certified by that division or by a locally

  6  established historic preservation board or commission, or like

  7  body, which has been granted authority to designate

  8  historically significant properties by the jurisdiction within

  9  which the hotel or motel is located; provided that the

10  provisions of this subparagraph shall supersede local laws

11  requiring a greater number of hotel rooms;

12         2.  Any condominium accommodation of which no fewer

13  than 100 condominium units are wholly rentable to transients

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

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

16  corporation which operates the hotel or motel operation and

17  not to the association of condominium owners;

18         3.  Any condominium accommodation of which no fewer

19  than 50 condominium units are wholly rentable to transients,

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

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

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

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

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

25  issued only to the person or corporation which operates the

26  hotel or motel operation and not to the association of

27  condominium owners; or

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

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

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

31  gross revenue from the sale of food and nonalcoholic

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

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

  3  shall operate as a package store, nor shall intoxicating

  4  beverages be sold under such license after the hours of

  5  serving food have elapsed.  However, any license heretofore

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

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

  8  including a condominium accommodation, under the general law

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

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

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

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

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

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

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

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

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

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

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

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

21  existence.  Any special license now in existence heretofore

22  issued under the provisions of this law cannot be renewed

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

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

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

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

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

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

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

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

31  issuance of a special license for any restaurant or motel

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    Florida House of Representatives - 1999            CS/CS/HB 95

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  1  which shall hereafter meet the requirements of the law

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

  3  if construction of such restaurant has commenced prior to the

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

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

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

  7  licenses issued under this proviso may be annually renewed as

  8  now provided by law.  Nothing herein prevents an application

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

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

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

12         (b)  Any county in which special licenses were issued

13  under the provisions of s. 561.20(2)(b) in effect prior to the

14  effective date of this act shall continue to qualify for such

15  licenses pursuant to those provisions in effect prior to the

16  effective date of this act, and shall not be affected by the

17  provisions of paragraph (a), except that in such counties, any

18  restaurant located in a specialty center built on

19  governmentally owned land shall be subject to the provisions

20  of paragraph (a).  A specialty center means any development

21  having at least 50,000 square feet of leasable area,

22  containing restaurants, entertainment facilities, and

23  specialty shops, and located adjacent to a navigable water

24  body or any development having at least 150,000 square feet of

25  leasable area, containing restaurants, entertainment

26  facilities, movie theaters, and specialty shops. Alcoholic

27  beverages sold for consumption on the premises by a vendor in

28  a specialty center may be consumed within the specialty center

29  but may not be removed from such premises.

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

31  law.

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