House Bill 2281c1

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    Florida House of Representatives - 2000             CS/HB 2281

        By the Committee on Regulated Services and Representatives
    Bitner, Albright, Jones, Sembler, Arnall, Pruitt, Kelly,
    Feeney, Gay, Garcia, Bradley, Littlefield, Bense, Maygarden
    and Casey



  1                      A bill to be entitled

  2         An act relating to the Department of Business

  3         and Professional Regulation; amending s.

  4         509.049, F.S.; revising language with respect

  5         to food service employee training; providing

  6         for a food service training certificate

  7         program; providing for approval of existing

  8         programs; providing for requests for

  9         competitive sealed proposals; amending s.

10         509.291, F.S.; revising the membership of the

11         Hotel and Restaurant Advisory Council; amending

12         s. 561.01, F.S.; revising the definition of the

13         term "licensee" under the Beverage Law;

14         amending s. 561.17, F.S.; revising a provision

15         relating to license and registration

16         applications under the Beverage Law; amending

17         s. 561.181, F.S.; revising language with

18         respect to temporary initial licenses; amending

19         s. 561.20, F.S.; revising language with respect

20         to the limitation on the number of alcoholic

21         beverage licenses issued; creating a special

22         license category for caterers; providing

23         conditions for operation; providing for

24         adoption of rules; amending s. 561.29, F.S.;

25         revising language with respect to the

26         revocation and suspension of licenses under the

27         Beverage Law to include another prohibition;

28         amending s. 561.32, F.S.; revising a provision

29         relating to the transfer of a license; amending

30         s. 561.331, F.S.; revising language with

31         respect to a temporary license issued upon

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  1         application for transfer, change of location,

  2         or change of type or series; amending s.

  3         565.05, F.S.; providing an exception regarding

  4         the purchase of alcoholic beverages by golf

  5         clubs; amending s. 565.06, F.S.; authorizing

  6         the sale of alcoholic beverages in certain

  7         individual containers at golf clubs; providing

  8         an effective date.

  9

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

11

12         Section 1.  Section 509.049, Florida Statutes, is

13  amended to read:

14         509.049  Food service employee training.--The division

15  shall adopt, by rule, minimum food safety protection standards

16  for the training of all food service employees who are

17  responsible for the storage, preparation, display, or serving

18  of foods to the public in establishments regulated under this

19  chapter.  These standards shall not include an examination,

20  but shall provide for a food safety training certificate

21  program for food service employees to be administered by a

22  private nonprofit provider chosen by the division.  The

23  division shall issue a request for competitive sealed

24  proposals which includes a statement of the contractual

25  services sought and all terms and conditions applicable to the

26  contract.  The division shall award the contract to the

27  provider whose proposal is determined in writing to be the

28  most advantageous to the state, taking into consideration the

29  price and the other criteria set forth in the request for

30  proposals.  The division shall contract with a provider on a

31  4-year basis and is authorized to promulgate by rule a per

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  1  employee fee to cover the contracted price for the program

  2  administered by the provider.  In making its selection, the

  3  division shall consider factors including, but not limited to,

  4  the experience and history of the provider in representing the

  5  food service industry, the provider's demonstrated commitment

  6  to food safety, and its ability to provide a statewide program

  7  with industry support and participation. Any food safety

  8  training program established and administered to food handler

  9  employees utilized at a public food service establishment

10  prior to the effective date of this act shall be submitted by

11  the operator to the division for its review and approval.  If

12  the food safety training program is approved by the division,

13  nothing in this section shall preclude any other operator of a

14  food service establishment from also utilizing the approved

15  program or require the employees of any operator to receive

16  training from or pay a fee to the division's contracted

17  provider.  Review and approval by the division of a program or

18  programs under this section shall include, but not be limited

19  to, the minimum food safety standards adopted by the division

20  in accordance with this section or certification.  It shall be

21  the duty of the licensee of the public food service

22  establishment to provide training in accordance with the

23  described rule to all employees under the licensee's

24  supervision or control.  The licensee may designate a

25  certified food service manager to perform this function as an

26  agent of the licensee.

27         Section 2.  Subsection (1) of section 509.291, Florida

28  Statutes, is amended to read:

29         509.291  Advisory council.--

30         (1)  There is created a 9-member an 18-member advisory

31  council.

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  1         (a)  The Secretary of Business and Professional

  2  Regulation shall appoint five 11 voting members to the

  3  advisory council. Each member appointed by the secretary must

  4  be an operator of an establishment licensed under this chapter

  5  and shall represent the industries regulated by the division,

  6  except that one member appointed by the secretary must be a

  7  layperson and shall represent the general public. Such members

  8  of the council shall serve staggered terms of 4 years.

  9         (b)  The division, the Department of Health, The

10  Florida Hotel and Motel Association, the Florida Restaurant

11  Association, the Florida Apartment Association, and the

12  Florida Association of Realtors shall each designate one

13  representative to serve as a voting member of the council, and

14  one member appointed by the secretary must be appointed to

15  represent nontransient public lodging establishments.  In

16  addition, one hospitality administration educator from an

17  institution of higher education affiliated with the

18  Hospitality Education Program pursuant to s. 509.302(2) shall

19  serve for a term of 2 years as an ex officio, nonvoting a

20  voting member of the council.  This single representative

21  shall be designated on a rotating basis by the institution or

22  institutions of higher education affiliated with this program

23  pursuant to s. 509.302(2).

24         (c)  Any member who fails to attend three consecutive

25  council meetings without good cause may be removed from the

26  council by the secretary.

27         Section 3.  Subsection (14) of section 561.01, Florida

28  Statutes, is amended to read:

29         561.01  Definitions.--As used in the Beverage Law:

30         (14)  "Licensee," "applicant," or "person" means a

31  legal or business entity, person, or persons that hold a

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  1  license issued by the division and meet the qualifications set

  2  forth in s. 561.15 an individual, corporation, firm,

  3  partnership, limited partnership, incorporated association,

  4  unincorporated association, professional association, or other

  5  legal or commercial entity; a combination of such entities; or

  6  any such entity having a financial interest, directly or

  7  indirectly, in another such entity.

  8         Section 4.  Subsection (1) of section 561.17, Florida

  9  Statutes, is amended to read:

10         561.17  License and registration applications; approved

11  person.--

12         (1)  Any person, before engaging in the business of

13  manufacturing, bottling, distributing, selling, or in any way

14  dealing in alcoholic beverages, shall file, with the district

15  licensing personnel supervisor of the district of the division

16  in which the place of business for which a license is sought

17  is located, a sworn application in duplicate on forms provided

18  to the district licensing personnel supervisor by the

19  division. The applicant must be a legal or business entity,

20  person, or persons and must include all persons, officers,

21  shareholders, and directors of such legal or business entity

22  that have a direct or indirect interest in the business

23  seeking to be licensed under this part. However, the applicant

24  does not include any person that derives revenue from the

25  license solely through a contractual relationship with the

26  licensee, the substance of which contractual relationship is

27  not related to the control of the sale of alcoholic beverages.

28  Prior to any application being approved, the division may

29  require the applicant to file a set of fingerprints on regular

30  United States Department of Justice forms for herself or

31  himself and for any person or persons interested directly or

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  1  indirectly with the applicant in the business for which the

  2  license is being sought, when so required by the division.  If

  3  the applicant or any person who is interested with the

  4  applicant either directly or indirectly in the business or who

  5  has a security interest in the license being sought or has a

  6  right to a percentage payment from the proceeds of the

  7  business, either by lease or otherwise, is not qualified, the

  8  application shall be denied by the division.  However, any

  9  company regularly traded on a national securities exchange and

10  not over the counter; any insurer, as defined in the Florida

11  Insurance Code; or any bank or savings and loan association

12  chartered by this state, another state, or the United States

13  which has an interest, directly or indirectly, in an alcoholic

14  beverage license shall not be required to obtain division

15  approval of its officers, directors, or stockholders or any

16  change of such positions or interests.  A shopping center with

17  five or more stores, one or more of which has an alcoholic

18  beverage license and is required under a lease common to all

19  shopping center tenants to pay no more than 10 percent of the

20  gross proceeds of the business holding the license to the

21  shopping center, shall not be considered as having an

22  interest, directly or indirectly, in the license.

23         Section 5.  Section 561.181, Florida Statutes, is

24  amended to read:

25         561.181  Temporary initial licenses.--

26         (1)(a)  A temporary initial license shall not be

27  continued or extended during any proceeding for administrative

28  or judicial review pursuant to chapter 120 challenging or

29  appealing the final agency action denying the application when

30  the license application is denied due to the failure of the

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  1  applicant to disclose a prior felony conviction or the

  2  applicant's true identity.

  3         (b)  A temporary initial license shall be continued or

  4  extended during any proceeding for administrative or judicial

  5  review pursuant to chapter 120 challenging or appealing the

  6  final agency action denying the application when the license

  7  application is denied for reasons other than for the failure

  8  of the applicant to disclose a prior felony conviction or the

  9  applicant's true identity.

10         (c)  A temporary initial license shall be valid for up

11  to 90 days and may be extended by the division for an

12  additional period of time for good cause.

13         (2)(1)(a)  When any person has filed a properly

14  completed application which does not on its face disclose any

15  reason for denying an alcoholic beverage license, the division

16  shall issue to such person a temporary initial license of the

17  same type and series for which the application has been

18  submitted, to be valid for all purposes under the Beverage

19  Law, except as provided in paragraph (b).

20         (b)  A temporary initial license issued under this

21  section entitles a temporary licensee vendor to purchase

22  alcoholic beverages for cash only.  This paragraph does not

23  apply:

24         1.  If the entity holding the temporary initial license

25  is also the holder of a beverage license authorizing the

26  purchase of the same type of alcoholic beverages as is

27  authorized under the temporary initial license.

28         2.  To purchases made as part of a single-transaction

29  cooperative purchase placed by a pool buying agent.

30

31

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  1         (3)(2)  The temporary initial license shall be valid

  2  until the application is denied or until 14 days after the

  3  application is approved.

  4         (4)(3)  A temporary initial license shall expire and

  5  shall not be continued or extended beyond the date the

  6  division denies the application for license, beyond 14 days

  7  after the date the division approves the application for

  8  license, beyond the date the applicant pays the license fee

  9  for and the division issues the license applied for, beyond

10  the time period provided for under subsection (1), or beyond

11  the date the temporary initial license otherwise expires by

12  law, whichever date occurs first.

13         (5)(4)  Each applicant seeking a temporary initial

14  license shall pay to the division for such license a fee equal

15  to one-fourth of the annual license fee for the type and

16  series of license being applied for or $100, whichever is

17  greater, which fee shall be deposited into the General Revenue

18  Fund.

19         Section 6.  Subsection (1) and paragraph (a) of

20  subsection (2) of section 561.20, Florida Statutes, are

21  amended to read:

22         561.20  Limitation upon number of licenses issued.--

23         (1)  No license under s. 565.02(1)(a)-(f), inclusive,

24  shall be issued so that the number of such licenses within the

25  limits of the territory of any county exceeds one such license

26  to each 7,500 5,000 residents within such county.  Regardless

27  of the number of quota licenses issued prior to October 1,

28  2000 1992, on and after that date, a new license under s.

29  565.02(1)(a)-(f), inclusive, shall be issued for each

30  population increase of 7,500 5,000 residents above the number

31  of residents who resided in the county according to the April

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  1  1, 1999 1991, Florida Estimate of Population as published by

  2  the Bureau of Economic and Business Research at the University

  3  of Florida, and thereafter, based on the last regular

  4  population estimate prepared pursuant to s. 186.901, for such

  5  county.  Such population estimates shall be the basis for

  6  annual license issuance regardless of any local acts to the

  7  contrary. However, such limitation shall not prohibit the

  8  issuance of at least three licenses in any county that may

  9  approve the sale of intoxicating liquors in such county.

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

11  herein provided shall henceforth prohibit the issuance of a

12  special license to:

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

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

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

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

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

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

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

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

21  licensed as a public lodging establishment by the Division of

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

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

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

25  561.01(21), in a municipality that on the effective date of

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

27  Florida's Bureau of Economic and Business Research Estimates

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

29  than 35,000 residents and that is within a constitutionally

30  chartered county may be issued a special license. This special

31  license shall allow the sale and consumption of alcoholic

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  1  beverages only on the licensed premises of the hotel or motel.

  2  In addition, the hotel or motel must derive at least 60

  3  percent of its gross revenue from the rental of hotel or motel

  4  rooms and the sale of food and nonalcoholic beverages;

  5  provided that the provisions of this subparagraph shall

  6  supersede local laws requiring a greater number of hotel

  7  rooms;

  8         2.  Any condominium accommodation of which no fewer

  9  than 100 condominium units are wholly rentable to transients

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

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

12  corporation which operates the hotel or motel operation and

13  not to the association of condominium owners;

14         3.  Any condominium accommodation of which no fewer

15  than 50 condominium units are wholly rentable to transients,

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

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

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

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

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

21  issued only to the person or corporation which operates the

22  hotel or motel operation and not to the association of

23  condominium owners; or

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

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

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

27  gross revenue from the sale of food and nonalcoholic

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

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

30  shall operate as a package store, nor shall intoxicating

31

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  1  beverages be sold under such license after the hours of

  2  serving food have elapsed; or.

  3         5.  Any caterer licensed by the Division of Hotels and

  4  Restaurants under chapter 509. Notwithstanding any other

  5  provision of law to the contrary, a licensee under this

  6  subparagraph shall sell or serve alcoholic beverages only for

  7  consumption on the premises of a catered event at which the

  8  licensee is also providing prepared food, and shall

  9  prominently display its license at any catered event at which

10  the caterer is selling or serving alcoholic beverages. A

11  licensee under this subparagraph shall purchase all alcoholic

12  beverages it sells or serves at a catered event from a vendor

13  licensed under s. 563.02(1), s. 564.02(1), or s. 561.20(1), as

14  appropriate. A licensee under this subparagraph may not store

15  any alcoholic beverages to be sold or served at a catered

16  event. Any alcoholic beverages purchased by a licensee under

17  this subparagraph for a catered event that are not used at

18  that event must remain with the customer; provided that if the

19  vendor accepts unopened alcoholic beverages, the licensee may

20  return such alcoholic beverages, to the vendor for a credit or

21  reimbursement. Regardless of the county or counties in which

22  the licensee operates, a licensee under this subparagraph

23  shall pay the annual state license tax set forth in s.

24  565.02(1)(b). A licensee under this subparagraph must maintain

25  for a period of 3 years all records required by the department

26  by rule to demonstrate compliance with the requirements of

27  this subparagraph, including licensed vendor receipts for the

28  purchase of alcoholic beverages and records identifying each

29  customer and the location and date of each catered event.

30  Notwithstanding any provision of law to the contrary, any

31  vendor licensed under s. 561.20(1) may, without any additional

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  1  licensure under this subparagraph, serve or sell alcoholic

  2  beverages for consumption on the premises of a catered event

  3  at which prepared food is provided by a caterer licensed under

  4  chapter 509. If a licensee under this subparagraph also

  5  possesses any other license under the Beverage Law, the

  6  license issued under this subparagraph shall not authorize the

  7  holder to conduct activities on the premises to which the

  8  other license or licenses apply that would otherwise be

  9  prohibited by the terms of that license or the Beverage Law.

10  Nothing in this section shall permit the licensee to conduct

11  activities that are otherwise prohibited by the Beverage Law

12  or local law.  The Division of Alcoholic Beverages and Tobacco

13  is hereby authorized to adopt rules to administer the license

14  created in this subparagraph, to include rules governing

15  licensure, recordkeeping, and enforcement. All fees collected

16  by the division pursuant to this subparagraph shall be

17  deposited into the Hotel and Restaurant Trust Fund created

18  pursuant to s. 509.072.

19

20  However, any license heretofore issued to any such hotel,

21  motel, motor court, or restaurant or hereafter issued to any

22  such hotel, motel, or motor court, including a condominium

23  accommodation, under the general law shall not be moved to a

24  new location, such license being valid only on the premises of

25  such hotel, motel, motor court, or restaurant. Licenses issued

26  to hotels, motels, motor courts, or restaurants under the

27  general law and held by such hotels, motels, motor courts, or

28  restaurants on May 24, 1947, shall be counted in the quota

29  limitation contained in subsection (1).  Any license issued

30  for any hotel, motel, or motor court under the provisions of

31  this law shall be issued only to the owner of the hotel,

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  1  motel, or motor court or, in the event the hotel, motel, or

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

  3  motor court; and the license shall remain in the name of the

  4  owner or lessee so long as the license is in existence. Any

  5  special license now in existence heretofore issued under the

  6  provisions of this law cannot be renewed except in the name of

  7  the owner of the hotel, motel, motor court, or restaurant or,

  8  in the event the hotel, motel, motor court, or restaurant is

  9  leased, in the name of the lessee of the hotel, motel, motor

10  court, or restaurant in which the license is located and must

11  remain in the name of the owner or lessee so long as the

12  license is in existence.  Any license issued under this

13  section shall be marked "Special," and nothing herein provided

14  shall limit, restrict, or prevent the issuance of a special

15  license for any restaurant or motel which shall hereafter meet

16  the requirements of the law existing immediately prior to the

17  effective date of this act, if construction of such restaurant

18  has commenced prior to the effective date of this act and is

19  completed within 30 days thereafter, or if an application is

20  on file for such special license at the time this act takes

21  effect; and any such licenses issued under this proviso may be

22  annually renewed as now provided by law.  Nothing herein

23  prevents an application for transfer of a license to a bona

24  fide purchaser of any hotel, motel, motor court, or restaurant

25  by the purchaser of such facility or the transfer of such

26  license pursuant to law.

27         Section 7.  Paragraph (k) is added to subsection (1) of

28  section 561.29, Florida Statutes, to read:

29         561.29  Revocation and suspension of license; power to

30  subpoena.--

31

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  1         (1)  The division is given full power and authority to

  2  revoke or suspend the license of any person holding a license

  3  under the Beverage Law, when it is determined or found by the

  4  division upon sufficient cause appearing of:

  5         (k)  Failure by the holder of any license issued under

  6  the Beverage Law to comply with a stipulation, consent order,

  7  or final order.

  8         Section 8.  Subsection (5) of section 561.32, Florida

  9  Statutes, is amended to read:

10         561.32  Transfer of licenses; change of officers or

11  directors; transfer of interest.--

12         (5)  The division shall waive the transfer fee and the

13  delinquent penalties, but not the license renewal fee, when

14  the transfer of an interest in an alcoholic beverage license

15  occurs by operation of law because of a death, judicial

16  proceedings, court appointment of a fiduciary, foreclosure or

17  forced judicial sale, bankruptcy proceedings, or seizure of a

18  license by a government agency.

19         Section 9.  Section 561.331, Florida Statutes, is

20  amended to read:

21         561.331  Temporary license upon application for

22  transfer, change of location, or change of type or series.--

23         (1)(a)  A temporary license for transfer, change of

24  location, or change of type or series shall not be continued

25  or extended during any proceeding for administrative or

26  judicial review pursuant to chapter 120 challenging or

27  appealing the final agency action denying the application when

28  the license application is denied due to the failure of the

29  applicant to disclose a prior felony conviction or the

30  applicant's true identity.

31

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  1         (b)  A temporary license for transfer, change of

  2  location, or change of type or series shall be continued or

  3  extended during any proceeding for administrative or judicial

  4  review pursuant to chapter 120 challenging or appealing the

  5  final agency action denying the application when the license

  6  application is denied for reasons other than the failure of

  7  the applicant to disclose all prior felony convictions or the

  8  applicant's true identity.

  9         (c)  A temporary license shall be valid for up to 90

10  days and may be extended by the division for an additional

11  period of time for good cause.

12         (2)(1)  Upon the filing of a properly completed

13  application for transfer pursuant to s. 561.32, which

14  application does not on its face disclose any reason for

15  denying an alcoholic beverage license, by any purchaser of a

16  business which possesses a beverage license of any type or

17  series, the purchaser of such business and the applicant for

18  transfer are entitled as a matter of right to receive a

19  temporary beverage license of the same type and series as that

20  held by the seller of such business.  The temporary license

21  will be valid for all purposes under the Beverage Law until

22  the application is denied, or until 14 days after the

23  application is approved, or until the time period provided

24  under subsection (1) has elapsed, whichever occurs first. Such

25  temporary beverage license shall be issued by the district

26  supervisor of the district in which the application for

27  transfer is made upon the payment of a fee of $100. A

28  temporary licensee, while purchaser operating under a valid

29  temporary license issued under the provisions of this

30  subsection, is subject to the same rights, privileges, duties,

31  and limitations of a beverage licensee as are provided by the

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  1  Beverage Law, except that purchases of alcoholic beverages

  2  during the term of such temporary license shall be for cash

  3  only. However, such cash-only restriction does not apply if

  4  the entity holding a temporary license pursuant to this

  5  section purchases alcoholic beverages as part of a

  6  single-transaction cooperative purchase placed by a pool

  7  buying agent or if such entity is also the holder of a state

  8  beverage license authorizing the purchase of the same type of

  9  alcoholic beverages as authorized under the temporary license.

10         (3)(2)  Upon the filing of a properly completed an

11  application for change of location pursuant to s. 561.33 by

12  any qualified licensee who possesses a beverage license of any

13  type or series, which application does not on its face

14  disclose any reason for denying an alcoholic beverage license,

15  the licensee is entitled as a matter of right to receive a

16  temporary beverage license of the same series as that license

17  held by the licensee to be valid for all purposes under the

18  Beverage Law until the application is denied, or until 14 days

19  after the application is approved, or until the time period

20  provided under subsection (1) has elapsed, whichever occurs

21  first.  Such temporary license shall be issued by the district

22  supervisor of the district in which the application for change

23  of location is made without the payment of any further fee or

24  tax.  A temporary licensee, while operating under a valid

25  temporary license issued under the provisions of this

26  subsection, is subject to the same rights, privileges, duties,

27  and limitations of a beverage licensee as are provided by the

28  Beverage Law.

29         (4)(3)  Upon the filing of a properly completed

30  application to change the type or series of a beverage license

31  by any qualified licensee having a beverage license of any

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  1  type or series, which application does not on its face

  2  disclose any reason for denying an alcoholic beverage license,

  3  the licensee is entitled as a matter of right to receive a

  4  temporary beverage license of the type or series applied for,

  5  which temporary license is valid for all purposes under the

  6  Beverage Law until the application is denied, or until 14 days

  7  after the application is approved, or until the time period

  8  provided under subsection (1) has elapsed, whichever occurs

  9  first.  Such temporary license shall be issued by the district

10  supervisor of the district in which the application for change

11  of type or series is made.  If the fee for the type or series

12  or license applied for is greater than the fee for the license

13  then held by the applicant, the applicant for such temporary

14  license must pay a fee in the amount of $100 or one-fourth of

15  the difference between the fees, whichever amount is greater.

16  A fee is not required for an application for a temporary

17  license of a type or series for which the fee is the same as

18  or less than the fee for the license then held by the

19  applicant. The holder of A temporary licensee, while operating

20  under a valid temporary license under this subsection, is

21  subject to the same rights, privileges, duties, and

22  limitations of a beverage licensee as are provided by the

23  Beverage Law.

24         (5)(4)  Nothing in this section shall be construed to

25  permit the transfer or issuance of temporary licenses contrary

26  to the county-by-county limitation on the number of such

27  licenses based on population as provided in s. 561.20(1).

28         Section 10.  Section 565.05, Florida Statutes, is

29  amended to read:

30         565.05  Purchase of distilled spirits by licensed

31  clubs; size of individual containers.--It is unlawful for any

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  1  person holding a license as a club for the sale of distilled

  2  spirits to purchase any of said distilled spirits in

  3  individual containers larger than 1.75 liters or 59.18 ounces,

  4  or smaller than 0.50 liter or 16.9 ounces, except for golf

  5  clubs licensed pursuant to s. 561.20(7)(b), which may purchase

  6  50 milliliter or 1.7 ounce containers.

  7         Section 11.  Section 565.06, Florida Statutes, is

  8  amended to read:

  9         565.06  Clubs to sell only individual drinks.--It is

10  unlawful for any person holding a license as a club for the

11  sale of intoxicating liquors and beverages to sell the same

12  except by the individual drink. However, golf clubs licensed

13  pursuant to s. 561.20(7)(b) may sell individual containers of

14  50 milliliters or 1.7 ounces for consumption on the premises

15  only.

16         Section 12.  This act shall take effect July 1, 2000.

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