Senate Bill sb1130c1

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    Florida Senate - 2002                           CS for SB 1130

    By the Committee on Regulated Industries; and Senator Cowin





    315-1809-02

  1                      A bill to be entitled

  2         An act relating to alcoholic beverage licenses;

  3         authorizing the issuance of a special alcoholic

  4         beverage license for certain entities operating

  5         within the commercial district of a retirement

  6         community within the Town of Lady Lake and for

  7         certain entities operating within the

  8         commercial district of a retirement community

  9         within Sumter County; providing restrictions;

10         providing 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.  (1)  Any entity operating an entertainment

15  or lodging complex within the commercial district of a

16  retirement community in the Town of Lady Lake may be issued a

17  special alcoholic beverage license by the Division of

18  Alcoholic Beverages and Tobacco of the Department of Business

19  and Professional Regulation permitting the sale of alcoholic

20  beverages, and the manufacture and sale of malt beverages, for

21  consumption on premises only. The complex, including the use

22  of areas or facilities pursuant to the authorization of a

23  community development district, must be managed, controlled,

24  and operated by a primary business entity under one business

25  name and may include only individual business entities that

26  are owned, managed, controlled, and operated independently of

27  the primary business entity and that are separately licensed

28  by the Division of Alcoholic Beverages and Tobacco pursuant to

29  this act. The complex must be located within the following

30  boundaries of the Town of Lady Lake:

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    Florida Senate - 2002                           CS for SB 1130
    315-1809-02




  1         That portion of Sections 6 and 7, Township 18

  2         South, Range 24 East, Town of Lady Lake,

  3         Florida, more particularly described as Lots C,

  4         D, E, F, G, H, K, Y, and Z, and Tracts 1 and 2,

  5         within THE VILLAGE CENTER SUBDIVISION,

  6         according to the Plat thereof recorded in Plat

  7         Book 33, Page 93, Public Records of Lake

  8         County, Florida.

  9

10  These boundaries encompass a contiguous area separated only by

11  deeded or dedicated rights-of-way.

12         (2)  For purposes of this section, the term "entity

13  operating an entertainment or lodging complex within the

14  commercial district of a retirement community" means any

15  entity operating an entertainment or lodging complex that may

16  include one or more restaurants, bars, breweries or brew pubs,

17  clubhouses, recreation centers, lodging facilities, banquet

18  facilities, special activity tents, or similar structures or

19  meeting areas, or any combination thereof, consisting of any

20  real estate development located within the property described

21  in subsection (1) and located within any area in which a

22  restaurant or lounge is a permitted use as defined by the Town

23  of Lady Lake ordinances and meeting the following criteria:

24         (a)  A minimum of 15,000 visitors must annually visit

25  the commercial district of the retirement community.

26         (b)  The complex must provide meeting facilities for at

27  least 250 persons.

28         (c)  The complex must contain at least two restaurants

29  or lounges having at least 4,000 square feet of service area

30  equipped to serve full-course meals to 250 persons at one

31  time.

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    Florida Senate - 2002                           CS for SB 1130
    315-1809-02




  1         (3)  The license authorized by this section shall not

  2  entitle the licensee to maintain or construct any structure on

  3  the premises that is prohibited by the ordinances or

  4  regulations of the Town of Lady Lake. This license shall not

  5  exempt the licensee from complying with the municipal

  6  ordinances of the Town of Lady Lake. All provisions of the

  7  alcoholic beverage laws of the State of Florida not

  8  inconsistent herewith shall apply to such license and

  9  licensee.

10         Section 2.  (1)  Any entity operating an entertainment

11  or lodging complex within the commercial district of a

12  retirement community within the unincorporated area of Sumter

13  County may be issued a special alcoholic beverage license by

14  the Division of Alcoholic Beverages and Tobacco of the

15  Department of Business and Professional Regulation permitting

16  the sale of alcoholic beverages, and the manufacture and sale

17  of malt beverages, for consumption on premises only. The

18  complex, including the use of areas or facilities pursuant to

19  the authorization of a community development district, must be

20  managed, controlled, and operated by a primary business entity

21  under one business name and may include only individual

22  business entities that are owned, managed, controlled, and

23  operated independently of the primary business entity and that

24  are separately licensed by the Division of Alcoholic Beverages

25  and Tobacco pursuant to this act. The complex must be located

26  within the following boundaries of Sumter County:

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28         Portions of Township 19 South, Range 23 East

29         including portions of Sections 1-4, 8-14,

30         16-17, 23-24, and portions of Township 18

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    Florida Senate - 2002                           CS for SB 1130
    315-1809-02




  1         South, Range 23 East including portions of

  2         Sections 13-17, 21-28, and 33-36.

  3

  4  These boundaries encompass a contiguous area separated only by

  5  deeded or dedicated rights-of-way.

  6         (2)  For purposes of this section, the term "entity

  7  operating an entertainment or lodging complex within the

  8  commercial district of a retirement community" means any

  9  entity operating an entertainment or lodging complex that may

10  include one or more restaurants, bars, breweries or brew pubs,

11  clubhouses, recreation centers, lodging facilities, banquet

12  facilities, special activity tents, or similar structures or

13  meeting areas, or any combination thereof, consisting of any

14  real estate development located within the property described

15  in subsection (1) and located within any area in which a

16  restaurant or lounge is a permitted use as defined by Sumter

17  County ordinances and meeting the following criteria:

18         (a)  A minimum of 15,000 visitors must annually visit

19  the commercial district of the retirement community.

20         (b)  The complex must provide meeting facilities for at

21  least 250 persons.

22         (c)  The complex must contain at least two restaurants

23  or lounges having at least 4,000 square feet of service area

24  equipped to serve full-course meals to 250 persons at one

25  time.

26         (3)  The license authorized by this section shall not

27  entitle the licensee to maintain or construct any structure on

28  the premises that is prohibited by the ordinances or

29  regulations of Sumter County. This license shall not exempt

30  the licensee from complying with the municipal ordinances of

31  Sumter County. All provisions of the alcoholic beverage laws

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    Florida Senate - 2002                           CS for SB 1130
    315-1809-02




  1  of the State of Florida not inconsistent herewith shall apply

  2  to such license and licensee.

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

  4  law.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                             SB 1130

  8

  9  The Committee Substitute:

10  -Requires each individual business operating within an
    entertainment or lodging complex that sells alcoholic
11  beverages to have a separate alcohol license; and

12  -Deletes a provision that no size or seating requirement is
    applicable to individual restaurants or lounges.
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