SENATE AMENDMENT
    Bill No. CS for SB 44-A, 1st Eng.
    Amendment No. ___   Barcode 964788
                            CHAMBER ACTION
              Senate                               House
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       05/27/2003 05:25 PM         .                    
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11  Senator Diaz de la Portilla moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 18, line, 4 through page 19, line 26, delete
15  those lines
16  
17  and insert:  
18         (1)  The division shall designate as a stand-alone bar
19  the licensed premises of a vendor that operates a business
20  that meets the definition of a stand-alone bar in s.
21  386.203(11) upon receipt of the vendor's election to permit
22  tobacco smoking in the licensed premises.
23         (2)  Upon this act becoming law and until the annual
24  renewal of a vendor's license, a licensed vendor who makes the
25  required election may permit tobacco smoking on the licensed
26  premises and must post a notice of such intention at the same
27  location where the vendor's current alcoholic beverage license
28  is posted.  The notice shall affirm the vendor's intent to
29  comply with the conditions and qualifications of a stand-alone
30  bar imposed pursuant to part II of chapter 386 and the
31  Beverage Law.
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    12:36 PM   05/27/03                             s0044A.ri36.1a

SENATE AMENDMENT Bill No. CS for SB 44-A, 1st Eng. Amendment No. ___ Barcode 964788 1 (3) Only the licensed vendor may provide or serve food 2 on the licensed premises of a stand-alone bar. Other than 3 customary bar snacks as defined by rule of the Department of 4 Business and Professional Regulation, the licensed vendor may 5 not provide or serve food to a person on the licensed premises 6 without requiring the person to pay a separately stated charge 7 for the food that reasonably approximates the retail value of 8 the food. 9 (4) A licensed vendor operating a stand-alone bar must 10 conspicuously post signs at each entrance to the establishment 11 stating that smoking is permitted in the establishment. The 12 color and design of such signs shall be left to the discretion 13 of the person in charge of the premises. 14 (5) After the initial designation, to continue to 15 qualify as a stand-alone bar, the licensee must provide to the 16 division each year, on or before the licensee's annual renewal 17 date, for the preceding 12-month period an affidavit that 18 certifies the following: 19 (a) No more than 10 percent of the gross revenue of 20 the business is from the sale of food consumed on the licensed 21 premises as defined in s. 386.203(11). 22 (b) Other than customary bar snacks as defined by rule 23 of the division, the licensed vendor does not provide or serve 24 food to a person on the licensed premises without requiring 25 the person to pay a separately stated charge for food that 26 reasonably approximates the retail value of the food. 27 (c) The licensed vendor conspicuously posts signs at 28 each entrance to the establishment stating that smoking is 29 permitted in the establishment. 30 (d) The division shall establish by rule the format of 31 the affidavit required by this section. 2 12:36 PM 05/27/03 s0044A.ri36.1a
SENATE AMENDMENT Bill No. CS for SB 44-A, 1st Eng. Amendment No. ___ Barcode 964788 1 (6) The division shall have the power to enforce the 2 provisions of part II of chapter 386 and to audit a vendor 3 that operates a business that meets the definition of a 4 stand-alone bar as provided in s. 386.203(11) for compliance 5 with this section. 6 (7) The division shall adopt rules required for the 7 effective enforcement and administration of this section and 8 part II of chapter 386. The division is authorized to adopt 9 emergency rules pursuant to s. 120.54(4) to implement the 10 provisions of this section. 11 (8) Any vendor that operates a business that meets the 12 definition of a stand-alone bar as provided in s. 386.203(11) 13 who violates the provisions of this section or part II of 14 chapter 386 shall be subject to the following penalties: 15 (a) For the first violation the vendor shall be 16 subject to a warning; 17 (b) For the second violation within a two year period 18 of the first violation the vendor shall be subject to a fine 19 of $500 to $2000; 20 (c) For the third or subsequent violation within a two 21 year period of the first violation the vendor shall receive up 22 to a 30 day suspension of the right to maintain a stand-alone 23 bar in which tobacco smoking is permitted and shall be subject 24 to a fine of $500 to $2,000; and 25 (d) For the fourth or subsequent violation the vendor 26 shall receive a 60 day suspension and shall be subject to a 27 fine of $500 to $2,000 or be subject to a revocation of the 28 right to maintain a stand-alone bar in which tobacco smoking 29 is permitted. 30 31 3 12:36 PM 05/27/03 s0044A.ri36.1a
SENATE AMENDMENT Bill No. CS for SB 44-A, 1st Eng. Amendment No. ___ Barcode 964788 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 2, line 3, after "enforcement;" 4 5 and insert: 6 providing for posting of signs; 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 12:36 PM 05/27/03 s0044A.ri36.1a