Senate Bill 2538

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



    Florida Senate - 2000                                  SB 2538

    By Senator Diaz de la Portilla





    34-1386-00

  1                      A bill to be entitled

  2         An act relating to alcoholic beverage licenses;

  3         requiring publication of intent to apply for a

  4         beverage license; providing standards for such

  5         notice; providing exceptions; providing an

  6         effective date.

  7

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

  9

10         Section 1.  (1)  Each person applying for a license to

11  sell alcoholic beverages under chapters 561, 562, 563, 564,

12  565, 567, and 568, Florida Statutes, must certify that he or

13  she has published notice of the application and that:

14         (a)  The publication of the notice took place in the

15  county in which the prospective licensed premises are located.

16         (b)  The notice was published once a week for 2

17  successive weeks in a daily newspaper as defined in chapter

18  50, Florida Statutes. If there are no daily newspapers in the

19  county in which the premises are located, such notice must

20  have been published in a weekly newspaper in that county. If

21  there is no daily or weekly newspaper in the county, notice

22  must have been posted as provided in section 50.021, Florida

23  Statutes.

24         (2)  Such notice must be printed in English in

25  substantially the following form:

26

27         Notice is hereby given that application for the

28         sale of (beer, wine, or liquor, as the case may

29         be) on premises will be made by the undersigned

30         at least 5 days after the last date of

31         publication of this notice. Retail sale will

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






    Florida Senate - 2000                                  SB 2538
    34-1386-00




  1         take place in a (insert the name of the type of

  2         establishment, such as hotel, club, restaurant,

  3         vessel) located at (give the street address,

  4         city, state, and zip code). If any person

  5         desires to speak to the matter of issuance of a

  6         license for such premises, comments should be

  7         submitted to the Department of Business and

  8         Professional Regulation at (address of the

  9         office at which the application will be made)

10         in writing, along with the name, address, and

11         telephone number of the person making the

12         comments.

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14         Name of applicant(s)

15         Address of applicant(s)

16

17         (3)  The provisions of this section apply only to the

18  application for an original license and do not apply to any

19  license renewal by the same applicant at the same location.

20         (4)  The original copy of the proof of publication

21  shall be submitted to the Department of Business and

22  Professional Regulation with the application for the license.

23

24  Notwithstanding any provision of this section, in any

25  municipality or county in which publication of notice is on

26  July 1, 2000, required of an applicant for a license to sell

27  alcoholic beverages at retail, the local law or ordinance

28  shall control the publication requirements, whether those

29  requirements are superior or inferior to those imposed by this

30  section. If on July 1, 2000, no local law or ordinance

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    Florida Senate - 2000                                  SB 2538
    34-1386-00




  1  requires publication of such notice, the publication

  2  requirements imposed by this section must be followed.

  3         Section 2.  This act shall take effect July 1, 2000.

  4

  5            *****************************************

  6                          SENATE SUMMARY

  7    Requires applicants for alcoholic beverage licenses to
      publish notice of their intent to apply for the license,
  8    but the requirement does not apply in any municipality or
      county that, on the effective date of the act, has in
  9    effect a publication requirement.

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