Senate Bill 2542

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    Florida Senate - 2000                                  SB 2542

    By Senator King





    8-1421-00

  1                      A bill to be entitled

  2         An act relating to the Beverage Law; amending

  3         s. 561.01, F.S.; redefining the term

  4         "licensee"; amending s. 561.17, F.S.; requiring

  5         additional information on license applications;

  6         amending s. 561.181, F.S.; revising provisions

  7         relating to the granting and duration of a

  8         temporary initial license; amending s. 561.20,

  9         F.S.; increasing certain population

10         requirements relating to the limitation on

11         numbers of licenses; amending s. 561.29, F.S.;

12         providing an additional ground for suspending

13         or revoking a license; amending s. 561.32,

14         F.S.; prohibiting the waiving of a license

15         renewal fee; amending s. 561.331, F.S.;

16         revising provisions relating to the granting

17         and duration of a temporary license upon

18         application for transfer, change of location,

19         or change of type or series; amending s.

20         561.501, F.S.; prohibiting the failure to remit

21         certain collected surcharges relating to the

22         sale of alcoholic beverages for consumption on

23         the premises; providing an effective date.

24

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

26

27         Section 1.  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  person who holds a license issued under s. 561.15. an

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  1  individual, corporation, firm, partnership, limited

  2  partnership, incorporated association, unincorporated

  3  association, professional association, or other legal or

  4  commercial entity; a combination of such entities; or any such

  5  entity having a financial interest, directly or indirectly, in

  6  another such entity.

  7         Section 2.  Subsection (1) of section 561.17, Florida

  8  Statutes, is amended to read:

  9         561.17  License and registration applications; approved

10  person.--

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

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

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

14  supervisor of the district of the division in which the place

15  of business for which a license is sought is located, a sworn

16  application in duplicate on forms provided to the district

17  supervisor by the division. The application must include the

18  names of and required information concerning all officers,

19  directors, shareholders or other persons who have an interest

20  in the business. However, a person need not be included if his

21  or her income from the business is solely from a contractual

22  relationship with the licensee which is unrelated to the

23  control of the sale of alcoholic beverages.  Prior to any

24  application being approved, the division may require the

25  applicant to file a set of fingerprints on regular United

26  States Department of Justice forms for herself or himself and

27  for any person or persons interested directly or indirectly

28  with the applicant in the business for which the license is

29  being sought, when so required by the division.  If the

30  applicant or any person who is interested with the applicant

31  either directly or indirectly in the business or who has a

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  1  security interest in the license being sought or has a right

  2  to a percentage payment from the proceeds of the business,

  3  either by lease or otherwise, is not qualified, the

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

  5  company regularly traded on a national securities exchange and

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

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

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

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

10  beverage license shall not be required to obtain division

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

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

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

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

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

16  gross proceeds of the business holding the license to the

17  shopping center, shall not be considered as having an

18  interest, directly or indirectly, in the license.

19         Section 3.  Section 561.181, Florida Statutes, is

20  amended to read:

21         561.181  Temporary initial licenses.--

22         (1)(a)  A temporary initial license is a separate

23  license classification, is valid only for a limited time, and

24  is a privilege that is extended when an application complies

25  with this section. The granting of a temporary initial license

26  does not indicate that an applicant has demonstrated an

27  entitlement to the alcoholic beverage license for which it is

28  applying.

29         (b)  A temporary initial license that expires because

30  of final agency action denying the application for an initial

31  license may not be continued or extended for any reason,

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  1  including any proceeding for judicial review pursuant to s.

  2  120.68 challenging or appealing the final agency action under

  3  s. 120.60 which denied the application. Expiration of the

  4  temporary initial license is not a basis for an appeal or

  5  challenge of the final agency action that denied the

  6  application.

  7         (c)  A temporary initial license is valid for up to 90

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

  9  period of time for good cause. The division may at any time

10  during such period grant or deny the permit applied for,

11  notwithstanding s. 120.60.

12         (2)(1)(a)  When any person has filed a properly

13  completed application which does not on its face disclose any

14  reason for denying an alcoholic beverage license, the division

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

16  same type and series for which the application has been

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

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

19         (b)  A temporary initial license issued under this

20  section entitles a vendor to purchase alcoholic beverages for

21  cash only.  This paragraph does not apply:

22         1.  If the entity holding the temporary initial license

23  is also the holder of a beverage license authorizing the

24  purchase of the same type of alcoholic beverages as is

25  authorized under the temporary license.

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

27  cooperative purchase placed by a pool buying agent.

28         (3)(2)  The temporary initial license shall be valid

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

30  application is approved.

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  1         (4)(3)  A temporary initial license shall expire and

  2  may shall not be continued or extended beyond the date the

  3  division denies the application for license, beyond 14 days

  4  after the date the division approves the application for

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

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

  7  the period set forth in paragraph (1)(c), or beyond the date

  8  the temporary initial license otherwise expires by law,

  9  whichever date occurs first.

10         (5)(4)  Each applicant seeking a temporary initial

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

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

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

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

15  Fund.

16         Section 4.  Subsection (1) of section 561.20, Florida

17  Statutes, is amended to read:

18         561.20  Limitation upon number of licenses issued.--

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

20  may not shall be issued if so that the number of such licenses

21  within the limits of the territory of any county would exceed

22  exceeds one such license to each 7,500 5,000 residents within

23  the such county.  Regardless of the number of quota licenses

24  issued prior to October 1, 2000 1992, on and after that date,

25  a new license under s. 565.02(1)(a)-(f), inclusive, shall be

26  issued for each population increase of 7,500 5,000 residents

27  above the number of residents who resided in the county

28  according to the April 1, 1999 1991, Florida Estimate of

29  Population as published by the Bureau of Economic and Business

30  Research at the University of Florida, and thereafter, based

31  on the last regular population estimate prepared pursuant to

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  1  s. 186.901, for such county.  Such population estimates shall

  2  be the basis for annual license issuance regardless of any

  3  local acts to the contrary. However, such limitation shall not

  4  prohibit the issuance of at least three licenses in any county

  5  that may approve the sale of intoxicating liquors in such

  6  county.

  7         Section 5.  Paragraph (k) is added to subsection (1) of

  8  section 561.29, Florida Statutes, to read:

  9         561.29  Revocation and suspension of license; power to

10  subpoena.--

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

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

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

14  division upon sufficient cause appearing of:

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

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

17  or final order.

18         Section 6.  Subsection (5) of section 561.32, Florida

19  Statutes, is amended to read:

20         561.32  Transfer of licenses; change of officers or

21  directors; transfer of interest.--

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

23  delinquent penalties, but may not waive the license renewal

24  fee, when the transfer of an interest in an alcoholic beverage

25  license occurs by operation of law because of a death,

26  judicial proceedings, court appointment of a fiduciary,

27  foreclosure or forced judicial sale, bankruptcy proceedings,

28  or seizure of a license by a government agency.

29         Section 7.  Section 561.331, Florida Statutes, is

30  amended to read:

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  1         561.331  Temporary license upon application for

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

  3         (1)(a)  A temporary license is a separate license

  4  classification, is valid only for a limited time, and is a

  5  privilege that is extended when an application complies with

  6  this section. The granting of a temporary license does not

  7  indicate that an applicant has demonstrated an entitlement to

  8  the alcoholic beverage license for which it is applying.

  9         (b)  A temporary license that expires because of final

10  agency action denying the application for a transfer or change

11  of location, type, or series, may not be continued or extended

12  for any reason, including any proceeding for judicial review

13  pursuant to s. 120.68 challenging or appealing the final

14  agency action under s. 120.60 which denied the application.

15  Expiration of the temporary license is not a basis for an

16  appeal or challenge of the final agency action that denied the

17  application.

18         (c)  A temporary license is valid for up to 90 days and

19  may be extended by the division for an additional period of

20  time for good cause. The division may at any time during such

21  period grant or deny the permit applied for, notwithstanding

22  s. 120.60.

23         (2)(1)  Upon the filing of a properly completed

24  application for transfer pursuant to s. 561.32, which

25  application does not on its face disclose any reason for

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

27  business which possesses a beverage license of any type or

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

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

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

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

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

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

  3  application is approved, or until the period set forth in

  4  paragraph (1)(c) has elapsed, whichever occurs first. Such

  5  temporary beverage license shall be issued by the district

  6  supervisor of the district in which the application for

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

  8  purchaser operating under a temporary license issued under the

  9  provisions of this subsection is subject to the same rights,

10  privileges, duties, and limitations of a beverage licensee as

11  are provided by the Beverage Law, except that purchases of

12  alcoholic beverages during the term of such temporary license

13  shall be for cash only. However, such cash-only restriction

14  does not apply if the entity holding a temporary license

15  pursuant to this section purchases alcoholic beverages as part

16  of a single-transaction cooperative purchase placed by a pool

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

18  beverage license authorizing the purchase of the same type of

19  alcoholic beverages as authorized under the temporary license.

20         (3)(2)  Upon the filing of a properly completed an

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

22  any qualified licensee who possesses a beverage license of any

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

24  disclose any reason for denying an alcoholic beverage license,

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

26  temporary beverage license of the same series as that license

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

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

29  after the application is approved, or until the period set

30  forth in paragraph (1)(c) has elapsed, whichever occurs first.

31  Such temporary license shall be issued by the district

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  1  supervisor of the district in which the application for change

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

  3  tax.  A licensee operating under a temporary license issued

  4  under the provisions of this subsection is subject to the same

  5  rights, privileges, duties, and limitations of a beverage

  6  licensee as are provided by the Beverage Law.

  7         (4)(3)  Upon the filing of a properly completed

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

  9  by any qualified licensee having a beverage license of any

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

11  disclose any reason for denying an alcoholic beverage license,

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

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

14  which temporary license is valid for all purposes under the

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

16  after the application is approved, or until the period set

17  forth in paragraph (1)(c) has elapsed, whichever occurs first.

18  Such temporary license shall be issued by the district

19  supervisor of the district in which the application for change

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

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

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

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

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

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

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

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

28  applicant. A licensee operating under The holder of a

29  temporary license issued under this subsection is subject to

30  the same rights, privileges, duties, and limitations of a

31  beverage licensee as are provided by the Beverage Law.

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  1         (5)(4)  Nothing in this section shall be construed to

  2  permit the transfer or issuance of temporary licenses contrary

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

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

  5         Section 8.  Subsection (2) of section 561.501, Florida

  6  Statutes, is amended to read:

  7         561.501  Surcharge on sale of alcoholic beverages for

  8  consumption on the premises; penalty.--

  9         (2)  The vendor shall report and remit payments to the

10  division each month by the 15th of the month following the

11  month in which the surcharges are imposed.  For purposes of

12  compensating the retailer for the keeping of prescribed

13  records and the proper accounting and remitting of surcharges

14  imposed under this section, the retailer shall be allowed to

15  deduct from the payment due the state 1 percent of the amount

16  of the surcharge due. Retail records shall be kept on the

17  quantities of all liquor, wine, and beer purchased,

18  inventories, and sales.  However, a collection allowance is

19  not allowed on any collections that are not timely remitted.

20  If by the 20th of the month following the month in which the

21  surcharges are imposed, reports and remittances are not made,

22  the division shall assess a late penalty in the amount of 10

23  percent of the amount due per month for each 30 days, or

24  fraction thereof, after the 20th of the month, not to exceed a

25  total penalty of 50 percent, in the aggregate, of any unpaid

26  surcharges.  The division shall establish, by rule, the

27  required reporting, collection, and accounting procedures.

28  Records must be maintained for 3 years. Failure to accurately

29  and timely remit surcharges imposed under this section and to

30  remit collected surcharges alleged to have been collected

31  pursuant to this section is a violation of the Beverage Law.

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  1         Section 9.  This act shall take effect July 1, 2000.

  2

  3            *****************************************

  4                          SENATE SUMMARY

  5    Revises provisions relating to the Beverage Law.
      Redefines the term "licensee." Requires additional
  6    information regarding certain persons on license
      applications and revises provisions relating to the
  7    granting and duration of temporary licenses. Adds an
      additional ground for disciplining a licensee. Prohibits
  8    the waiver of a license renewal fee. Prohibits the
      failure to remit certain collected surcharges relating to
  9    the sale of alcohol for consumption on the premises. (See
      bill for details.)
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