| 1 | A bill to be entitled |
| 2 | An act relating to restaurants licensed to sell wine on |
| 3 | the premises; creating s. 564.09, F.S.; authorizing a |
| 4 | restaurant patron to remove a resealed wine container from |
| 5 | a restaurant for off-premises consumption; amending s. |
| 6 | 316.1936, F.S.; providing that a resealed wine container |
| 7 | is not an open container for purposes of the prohibition |
| 8 | against possessing an open container of alcohol in a |
| 9 | vehicle; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Section 564.09, Florida Statutes, is created to |
| 14 | read: |
| 15 | 564.09 Restaurants; off-premises consumption of |
| 16 | wine.--Notwithstanding any other provision of law, a restaurant |
| 17 | licensed to sell wine on the premises may permit a patron to |
| 18 | remove one unsealed bottle of wine for consumption off the |
| 19 | premises if the patron has purchased a full-course meal and |
| 20 | consumed a portion of the bottle of wine with such meal on the |
| 21 | restaurant premises. A partially consumed bottle of wine that is |
| 22 | to be removed from the premises must be securely resealed by the |
| 23 | licensee or its employees before removal from the premises. The |
| 24 | partially consumed bottle of wine shall be placed in a bag or |
| 25 | other container that is secured in such a manner that it is |
| 26 | visibly apparent if the container has been subsequently opened |
| 27 | or tampered with, and a dated receipt for the bottle of wine and |
| 28 | full-course meal shall be provided by the licensee and attached |
| 29 | to the container. If transported in a motor vehicle, the |
| 30 | container with the resealed bottle of wine must be placed in a |
| 31 | locked glove compartment, locked trunk, or other locked |
| 32 | nonpassenger area of the motor vehicle. |
| 33 | Section 2. Subsection (9) is added to section 316.1936, |
| 34 | Florida Statutes, to read: |
| 35 | 316.1936 Possession of open containers of alcoholic |
| 36 | beverages in vehicles prohibited; penalties.-- |
| 37 | (9) A bottle of wine that has been resealed pursuant to s. |
| 38 | 564.09 is not an open container under the provisions of this |
| 39 | section. |
| 40 | Section 3. This act shall take effect July 1, 2005. |