Senate Bill sb1348
CODING: Words stricken are deletions; words underlined are additions.
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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CODING: Words stricken are deletions; words underlined are additions.
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.--
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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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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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