HB 0719CS

CHAMBER ACTION




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


CODING: Words stricken are deletions; words underlined are additions.