| 1 | The Transportation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to restaurants licensed to sell wine on |
| 7 | the premises; creating s. 564.09, F.S.; authorizing a |
| 8 | restaurant patron to remove a resealed wine container from |
| 9 | a restaurant for off-premises consumption; providing |
| 10 | requirements for the transportation of such containers; |
| 11 | amending s. 316.1936, F.S.; providing that a resealed wine |
| 12 | container is not an open container for purposes of the |
| 13 | prohibition against possessing an open container of |
| 14 | alcohol in a vehicle; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 564.09, Florida Statutes, is created to |
| 19 | read: |
| 20 | 564.09 Restaurants; off-premises consumption of |
| 21 | wine.--Notwithstanding any other provision of law, a restaurant |
| 22 | licensed to sell wine on the premises may permit a patron to |
| 23 | remove one unsealed bottle of wine for consumption off the |
| 24 | premises if the patron has purchased a full-course meal |
| 25 | consisting of a salad or vegetable, entr?e, a beverage, and |
| 26 | bread and consumed a portion of the bottle of wine with such |
| 27 | meal on the restaurant premises. A partially consumed bottle of |
| 28 | wine that is to be removed from the premises must be securely |
| 29 | resealed by the licensee or its employees before removal from |
| 30 | the premises. The partially consumed bottle of wine shall be |
| 31 | placed in a bag or other container that is secured in such a |
| 32 | manner that it is visibly apparent if the container has been |
| 33 | subsequently opened or tampered with, and a dated receipt for |
| 34 | the bottle of wine and full-course meal shall be provided by the |
| 35 | licensee and attached to the container. If transported in a |
| 36 | motor vehicle, the container with the resealed bottle of wine |
| 37 | must be placed in a locked glove compartment, locked trunk, or |
| 38 | the area behind the last upright seat of a motor vehicle that is |
| 39 | not equipped with a trunk. |
| 40 | Section 2. Subsection (9) is added to section 316.1936, |
| 41 | Florida Statutes, to read: |
| 42 | 316.1936 Possession of open containers of alcoholic |
| 43 | beverages in vehicles prohibited; penalties.-- |
| 44 | (9) A bottle of wine that has been resealed and is |
| 45 | transported pursuant to s. 564.09 is not an open container under |
| 46 | the provisions of this section. |
| 47 | Section 3. This act shall take effect July 1, 2005. |