Senate Bill sb1348

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    Florida Senate - 2005                                  SB 1348

    By Senator Geller





    31-1086-05

  1                      A bill to be entitled

  2         An act relating to indoor smoking places;

  3         amending s. 386.203, F.S.; redefining the term

  4         "stand-alone bar" to include a licensed

  5         premises that derives no more than a specified

  6         amount of gross revenue from the sale of food

  7         consumed on the licensed premises and that is

  8         located in a building individually listed in

  9         the National Register of Historic Places;

10         reenacting ss. 386.2045(4) and 561.695(1),

11         F.S., relating to enclosed indoor workplaces

12         and requirements for stand-alone bars, to

13         incorporate the amendment made to s. 386.203,

14         F.S., in references thereto; providing an

15         effective date.

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

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19         Section 1.  Subsection (11) of section 386.203, Florida

20  Statutes, is amended to read:

21         386.203  Definitions.--As used in this part:

22         (11)  "Stand-alone bar" means any licensed premises

23  devoted during any time of operation predominantly or totally

24  to serving alcoholic beverages, intoxicating beverages, or

25  intoxicating liquors, or any combination thereof, for

26  consumption on the licensed premises; in which the serving of

27  food, if any, is merely incidental to the consumption of any

28  such beverage; and the licensed premises is not located

29  within, and does not share any common entryway or common

30  indoor area with, any other enclosed indoor workplace,

31  including any business for which the sale of food or any other

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    Florida Senate - 2005                                  SB 1348
    31-1086-05




 1  product or service is more than an incidental source of gross

 2  revenue. A place of business constitutes a stand-alone bar in

 3  which the service of food is merely incidental in accordance

 4  with this subsection if the licensed premises derives no more

 5  than 10 percent of its gross revenue from the sale of food

 6  consumed on the licensed premises. However, a place of

 7  business remains a stand-alone bar in which the service of

 8  food is merely incidental if the licensed premises derives no

 9  more than 20 percent of its gross revenue from the sale of

10  food consumed on the licensed premises and the licensed

11  premises is located in a building that is individually listed

12  in the National Register of Historic Places as defined in s.

13  267.021.

14         Section 2.  For the purpose of incorporating the

15  amendment made to section 386.203, Florida Statutes, in a

16  reference thereto, subsection (4) of section 386.2045, Florida

17  Statutes, is reenacted to read:

18         386.2045  Enclosed indoor workplaces; specific

19  exceptions.--Notwithstanding s. 386.204, tobacco smoking may

20  be permitted in each of the following places:

21         (4)  STAND-ALONE BAR.--A business that meets the

22  definition of a stand-alone bar as defined in s. 386.203(11)

23  and that otherwise complies with all applicable provisions of

24  the Beverage Law and this part.

25         Section 3.  For the purpose of incorporating the

26  amendment made to section 386.203, Florida Statutes, in a

27  reference thereto, subsection (1) of section 561.695, Florida

28  Statutes, is reenacted to read:

29         561.695  Stand-alone bar enforcement; qualification;

30  penalties.--

31  

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    Florida Senate - 2005                                  SB 1348
    31-1086-05




 1         (1)  The division shall designate as a stand-alone bar

 2  the licensed premises of a vendor that operates a business

 3  that meets the definition of a stand-alone bar in s.

 4  386.203(11) upon receipt of the vendor's election to permit

 5  tobacco smoking in the licensed premises.

 6         Section 4.  This act shall take effect July 1, 2005.

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 8            *****************************************

 9                          SENATE SUMMARY

10    Revises the definition of the term "stand-alone bar" to
      include a licensed premises that derives no more than 20
11    percent of gross revenue from the sale of food consumed
      on the licensed premises and is located in a building
12    that is individually listed in the National Register of
      Historic Places.
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CODING: Words stricken are deletions; words underlined are additions.