HOUSE AMENDMENT Bill No. HB 63A
1	CHAMBER ACTION
2	Senate House
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12	Representative Prieguez offered the following:
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14	Amendment to Amendment (024515)
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16	Remove line(s) 496 through 551, and insert:
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18	(1) The division shall designate as a stand-alone bar the
19	licensed premises of a vendor that operates a business that
20	meets the definition of a stand-alone bar in s. 386.203(11) upon
21	receipt of the vendor's election to permit tobacco smoking in
22	the licensed premises.
23	(2) Upon this act becoming a law and until the annual
24	renewal of a vendor’s license, a licensed vendor who makes the
25	required election under subsection (1) may permit tobacco
26	smoking on the licensed premises and must post a notice of such
27	intention at the same location at which the vendor’s current
28	alcoholic beverage license is posted. The notice shall affirm
29	the vendor’s intent to comply with the conditions and
30	qualifications of a stand-alone bar imposed pursuant to part II
31	of chapter 386 and the Beverage Law.
32	(3) Only the licensed vendor may provide or serve food on
33	the licensed premises of a stand-alone bar. Other than
34	customary bar snacks as defined by rule of the division, the
35	licensed vendor may not provide or serve food to a person on the
36	licensed premises without requiring the person to pay a
37	separately stated charge for the food that reasonably
38	approximates the retail value of the food.
39	(4) A licensed vendor operating a stand-alone bar must
40	conspicuously post signs at each entrance to the establishment
41	stating that smoking is permitted in the establishment. The
42	color and design of such signs shall be left to the discretion
43	of the person in charge of the premises.
44	(5) After the initial designation, to continue to qualify
45	as a stand-alone bar the licensee must provide to the division
46	annually, on or before the licensee’s annual renewal date, an
47	affidavit that certifies, with respect to the preceding 12-month
48	period, the following:
49	(a) No more than 10 percent of the gross revenue of the
50	business is from the sale of food consumed on the licensed
51	premises as defined in s. 386.203(11).
52	(b) Other than customary bar snacks as defined by rule of
53	the division, the licensed vendor does not provide or serve food
54	to a person on the licensed premises without requiring the
55	person to pay a separately stated charge for food that
56	reasonably approximates the retail value of the food.
57	(c) The licensed vendor conspicuously posts signs at each
58	entrance to the establishment stating that smoking is permitted
59	in the establishment.
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61	The division shall establish by rule the format of the affidavit
62	required by this subsection.
63	(6) Every third year after the initial designation, on or
64	before the licensee’s annual license renewal, the licensed
65	vendor must additionally provide to the division an agreed upon
66	procedures report in a format established by rule of the
67	department from a Florida certified public accountant that
68	attests to the licensee's compliance with the percentage
69	requirement of s. 386.203(11) for the preceding 36-month period.
70	Such report shall be admissible in any proceeding pursuant to s.
71	120.57. This subsection does not apply to a stand-alone bar if
72	the only food provided by the business, or in any other way
73	present or brought onto the premises for consumption by patrons,
74	is limited to nonperishable snack food items commercially
75	prepackaged off the premises of the stand-alone bar and served
76	without additions or preparation; except that a stand-alone bar
77	may pop popcorn for consumption on its premises, provided that
78	the equipment used to pop the popcorn is not used to prepare any
79	other food for patrons.
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