Senate Bill sb1114

    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.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

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.

13  

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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.