Senate Bill sb1114
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1114
By Senator King
8-747A-05
1 A bill to be entitled
2 An act relating to restaurants licensed to sell
3 wine on the premises; creating s. 564.09, F.S.;
4 authorizing a restaurant patron to remove a
5 resealed wine container from a restaurant for
6 off-premise consumption; amending s. 316.1936,
7 F.S.; providing that a resealed wine container
8 is not an open container for purposes of the
9 prohibition against possessing an open
10 container of alcohol in a vehicle; providing an
11 effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Section 564.09, Florida Statutes, is
16 created to read:
17 564.09 Restaurants; off-premises consumption of
18 wine.--Notwithstanding any other provision of law, a
19 restaurant licensed to sell wine on the premises may permit a
20 patron to remove one unsealed bottle of wine for consumption
21 off the premises if the patron has purchased a full-course
22 meal and consumed a portion of the bottle of wine with such
23 meal on the restaurant premises. A partially consumed bottle
24 of wine that is to be removed from the premises must be
25 securely resealed by the licensee or its employees before
26 removal from the premises. The partially consumed bottle of
27 wine shall be placed in a bag or other container that is
28 secured in such a manner that it is visibly apparent if the
29 container has been subsequently opened or tampered with, and a
30 dated receipt for the bottle of wine and full-course meal
31 shall be provided by the licensee and attached to the
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1114
8-747A-05
1 container. If transported in a motor vehicle, the container
2 with the resealed bottle of wine must be placed in a locked
3 glove compartment, locked trunk, or other locked nonpassenger
4 area of the motor vehicle.
5 Section 2. Subsection (9) is added to section
6 316.1936, Florida Statutes, to read:
7 316.1936 Possession of open containers of alcoholic
8 beverages in vehicles prohibited; penalties.--
9 (9) A bottle of wine that has been resealed pursuant
10 to s. 564.09 is not an open container under the provisions of
11 this section.
12 Section 3. This act shall take effect July 1, 2005.
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15 SENATE SUMMARY
16 Authorizes a restaurant patron to remove a resealed wine
container from a restaurant for off-premise consumption.
17 Provides that a resealed wine container is not an open
container for purposes of s. 316.1936, F. S., relating to
18 the unlawful possession of an open container of an
alcoholic beverage in a vehicle.
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CODING: Words stricken are deletions; words underlined are additions.