| 1 | A bill to be entitled |
| 2 | An act relating to indoor smoking places; amending s. |
| 3 | 386.203, F.S.; revising the definition of "stand-alone |
| 4 | bar" to include a licensed premises that derives no more |
| 5 | than a specified amount of gross revenue from the sale of |
| 6 | food consumed on the licensed premises and that is located |
| 7 | in a building individually listed in the National Register |
| 8 | of Historic Places; reenacting s. 386.2045(4), F.S., which |
| 9 | permits tobacco smoking in stand-alone bars in compliance |
| 10 | with applicable provisions of the Florida Clean Indoor Air |
| 11 | Act and the Beverage Law, to incorporate the amendment to |
| 12 | s. 386.203, F.S., in a reference thereto; reenacting and |
| 13 | amending s. 561.695, F.S., relating to enforcement by the |
| 14 | Division of Alcoholic Beverages and Tobacco of the |
| 15 | Department of Business and Professional Regulation of |
| 16 | conditions and qualifications for designation as a stand- |
| 17 | alone bar, to conform; providing penalties; providing an |
| 18 | effective date. |
| 19 |
|
| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
|
| 22 | Section 1. Subsection (11) of section 386.203, Florida |
| 23 | Statutes, is amended to read: |
| 24 | 386.203 Definitions.--As used in this part: |
| 25 | (11) "Stand-alone bar" means any licensed premises devoted |
| 26 | during any time of operation predominantly or totally to serving |
| 27 | alcoholic beverages, intoxicating beverages, or intoxicating |
| 28 | liquors, or any combination thereof, for consumption on the |
| 29 | licensed premises; in which the serving of food, if any, is |
| 30 | merely incidental to the consumption of any such beverage; and |
| 31 | the licensed premises is not located within, and does not share |
| 32 | any common entryway or common indoor area with, any other |
| 33 | enclosed indoor workplace, including any business for which the |
| 34 | sale of food or any other product or service is more than an |
| 35 | incidental source of gross revenue. A place of business |
| 36 | constitutes a stand-alone bar in which the service of food is |
| 37 | merely incidental in accordance with this subsection if the |
| 38 | licensed premises derives no more than 10 percent of its gross |
| 39 | revenue from the sale of food consumed on the licensed premises. |
| 40 | However, a place of business remains a stand-alone bar in which |
| 41 | the service of food is merely incidental if the licensed |
| 42 | premises derives no more than 20 percent of its gross revenue |
| 43 | from the sale of food consumed on the licensed premises and the |
| 44 | licensed premises is located in a building that is individually |
| 45 | listed in the National Register of Historic Places as defined in |
| 46 | s. 267.021. |
| 47 | Section 2. For the purpose of incorporating the amendment |
| 48 | to section 386.203, Florida Statutes, in a reference thereto, |
| 49 | subsection (4) of section 386.2045, Florida Statutes, is |
| 50 | reenacted to read: |
| 51 | 386.2045 Enclosed indoor workplaces; specific |
| 52 | exceptions.--Notwithstanding s. 386.204, tobacco smoking may be |
| 53 | permitted in each of the following places: |
| 54 | (4) STAND-ALONE BAR.--A business that meets the definition |
| 55 | of a stand-alone bar as defined in s. 386.203(11) and that |
| 56 | otherwise complies with all applicable provisions of the |
| 57 | Beverage Law and this part. |
| 58 | Section 3. Section 561.695, Florida Statutes, is reenacted |
| 59 | and amended to read: |
| 60 | 561.695 Stand-alone bar enforcement; qualification; |
| 61 | penalties.-- |
| 62 | (1) The division shall designate as a stand-alone bar the |
| 63 | licensed premises of a vendor that operates a business that |
| 64 | meets the definition of a stand-alone bar in s. 386.203(11) upon |
| 65 | receipt of the vendor's election to permit tobacco smoking in |
| 66 | the licensed premises. |
| 67 | (2) Upon this act becoming a law and until the annual |
| 68 | renewal of a vendor's license, a licensed vendor who makes the |
| 69 | required election under subsection (1) may permit tobacco |
| 70 | smoking on the licensed premises and must post a notice of such |
| 71 | intention at the same location at which the vendor's current |
| 72 | alcoholic beverage license is posted. The notice shall affirm |
| 73 | the vendor's intent to comply with the conditions and |
| 74 | qualifications of a stand-alone bar imposed pursuant to part II |
| 75 | of chapter 386 and the Beverage Law. |
| 76 | (3) Only the licensed vendor may provide or serve food on |
| 77 | the licensed premises of a stand-alone bar. Other than customary |
| 78 | bar snacks as defined by rule of the division, the licensed |
| 79 | vendor may not provide or serve food to a person on the licensed |
| 80 | premises without requiring the person to pay a separately stated |
| 81 | charge for the food that reasonably approximates the retail |
| 82 | value of the food. |
| 83 | (4) A licensed vendor operating a stand-alone bar must |
| 84 | conspicuously post signs at each entrance to the establishment |
| 85 | stating that smoking is permitted in the establishment. The |
| 86 | color and design of such signs shall be left to the discretion |
| 87 | of the person in charge of the premises. |
| 88 | (5) After the initial designation, to continue to qualify |
| 89 | as a stand-alone bar the licensee must provide to the division |
| 90 | annually, on or before the licensee's annual renewal date, an |
| 91 | affidavit that certifies, with respect to the preceding 12-month |
| 92 | period, the following: |
| 93 | (a) No more than 10 percent of the gross revenue of the |
| 94 | business is from the sale of food consumed on the licensed |
| 95 | premises or, if the licensed premises is located in a building |
| 96 | that is individually listed in the National Register of Historic |
| 97 | Places as defined in s. 267.021, no more than 20 percent of the |
| 98 | gross revenue of the business is from the sale of food consumed |
| 99 | on the licensed premises, as defined in s. 386.203(11). |
| 100 | (b) Other than customary bar snacks as defined by rule of |
| 101 | the division, the licensed vendor does not provide or serve food |
| 102 | to a person on the licensed premises without requiring the |
| 103 | person to pay a separately stated charge for food that |
| 104 | reasonably approximates the retail value of the food. |
| 105 | (c) The licensed vendor conspicuously posts signs at each |
| 106 | entrance to the establishment stating that smoking is permitted |
| 107 | in the establishment. |
| 108 |
|
| 109 | The division shall establish by rule the format of the affidavit |
| 110 | required by this subsection. |
| 111 | (6) Every third year after the initial designation, on or |
| 112 | before the licensee's annual license renewal, the licensed |
| 113 | vendor must additionally provide to the division an agreed upon |
| 114 | procedures report in a format established by rule of the |
| 115 | department from a Florida certified public accountant that |
| 116 | attests to the licensee's compliance with the percentage |
| 117 | requirement of s. 386.203(11) for the preceding 36-month period. |
| 118 | Such report shall be admissible in any proceeding pursuant to s. |
| 119 | 120.57. This subsection does not apply to a stand-alone bar if |
| 120 | the only food provided by the business, or in any other way |
| 121 | present or brought onto the premises for consumption by patrons, |
| 122 | is limited to nonperishable snack food items commercially |
| 123 | prepackaged off the premises of the stand-alone bar and served |
| 124 | without additions or preparation; except that a stand-alone bar |
| 125 | may pop popcorn for consumption on its premises, provided that |
| 126 | the equipment used to pop the popcorn is not used to prepare any |
| 127 | other food for patrons. |
| 128 | (7) The Division of Alcoholic Beverages and Tobacco shall |
| 129 | have the power to enforce the provisions of part II of chapter |
| 130 | 386 and to audit a licensed vendor that operates a business that |
| 131 | meets the definition of a stand-alone bar as provided in s. |
| 132 | 386.203(11) for compliance with this section. |
| 133 | (8) Any vendor that operates a business that meets the |
| 134 | definition of a stand-alone bar as provided in s. 386.203(11) |
| 135 | who violates the provisions of this section or part II of |
| 136 | chapter 386 shall be subject to the following penalties: |
| 137 | (a) For the first violation, the vendor shall be subject |
| 138 | to a warning or a fine of up to $500, or both; |
| 139 | (b) For the second violation within 2 years after the |
| 140 | first violation, the vendor shall be subject to a fine of not |
| 141 | less than $500 or more than $2,000; |
| 142 | (c) For the third or subsequent violation within 2 years |
| 143 | after the first violation, the vendor shall receive a suspension |
| 144 | of the right to maintain a stand-alone bar in which tobacco |
| 145 | smoking is permitted, not to exceed 30 days, and shall be |
| 146 | subject to a fine of not less than $500 or more than $2,000; and |
| 147 | (d) For the fourth or subsequent violation, the vendor |
| 148 | shall receive a 60-day suspension of the right to maintain a |
| 149 | stand-alone bar in which tobacco smoking is permitted and shall |
| 150 | be subject to a fine of not less than $500 or more than $2,000 |
| 151 | or revocation of the right to maintain a stand-alone bar in |
| 152 | which tobacco smoking is permitted. |
| 153 | (9) The division shall adopt rules governing the |
| 154 | designation process, criteria for qualification, required |
| 155 | recordkeeping, auditing, and all other rules necessary for the |
| 156 | effective enforcement and administration of this section and |
| 157 | part II of chapter 386. The division is authorized to adopt |
| 158 | emergency rules pursuant to s. 120.54(4) to implement the |
| 159 | provisions of this section. |
| 160 | Section 4. This act shall take effect July 1, 2005. |