SENATE AMENDMENT
Bill No. CS for SB 44-A, 1st Eng.
Amendment No. ___ Barcode 964788
CHAMBER ACTION
Senate House
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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
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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.
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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 (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.
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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 ================ 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;"
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5 and insert:
6 providing for posting of signs;
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