Senate Bill sb1114c2

    Florida Senate - 2005                    CS for CS for SB 1114

    By the Committees on Transportation; Regulated Industries; and
    Senator King




    596-1829-05

  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 motor vehicle;

11         providing an 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 consisting of a salad or vegetable, entree, a beverage,

23  and bread and consumed a portion of the bottle of wine with

24  such meal on the restaurant premises. A partially consumed

25  bottle of wine that is to be removed from the premises must be

26  securely resealed by the licensee or its employees before

27  removal from the premises. The partially consumed bottle of

28  wine shall be placed in a bag or other container that is

29  secured in such a manner that it is visibly apparent if the

30  container has been subsequently opened or tampered with, and a

31  dated receipt for the bottle of wine and full-course meal

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                    CS for CS for SB 1114
    596-1829-05




 1  shall be provided by the licensee and attached to the

 2  container. If transported in a motor vehicle, the container

 3  with the resealed bottle of wine must be placed in a locked

 4  glove compartment, locked trunk, or other nonpassenger area of

 5  the motor vehicle.

 6         Section 2.  Subsection (9) is added to section

 7  316.1936, Florida Statutes, to read:

 8         316.1936  Possession of open containers of alcoholic

 9  beverages in vehicles prohibited; penalties.--

10         (9)  A bottle of wine that has been resealed and is

11  transported pursuant to s. 564.09 is not an open container

12  under the provisions of this section.

13         Section 3.  This act shall take effect July 1, 2005.

14  

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                     CS for Senate Bill 1114

17                                 

18  The committee substitute clarifies the exception to the open
    container prohibition by including the resealed wine container
19  be transported in the manner required by s. 564.09, F.S.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.