| 1 | The Business Regulation 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 stand-alone bars; amending s. 561.695, |
| 7 | F.S.; providing a penalty for a licensed vendor who |
| 8 | knowingly makes a false statement on an annual compliance |
| 9 | affidavit; removing a requirement that licensed vendors |
| 10 | file a procedures report regarding compliance with certain |
| 11 | food service limitations; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Subsections (5) through (9) of section 561.695, |
| 16 | Florida Statutes, are amended to read: |
| 17 | 561.695 Stand-alone bar enforcement; qualification; |
| 18 | penalties.-- |
| 19 | (5) After the initial designation, to continue to qualify |
| 20 | as a stand-alone bar the licensee must provide to the division |
| 21 | annually, on or before the licensee's annual renewal date, an |
| 22 | affidavit that certifies, with respect to the preceding 12-month |
| 23 | period, the following: |
| 24 | (a) No more than 10 percent of the gross revenue of the |
| 25 | business is from the sale of food consumed on the licensed |
| 26 | premises as defined in s. 386.203(11). |
| 27 | (b) Other than customary bar snacks as defined by rule of |
| 28 | the division, the licensed vendor does not provide or serve food |
| 29 | to a person on the licensed premises without requiring the |
| 30 | person to pay a separately stated charge for food that |
| 31 | reasonably approximates the retail value of the food. |
| 32 | (c) The licensed vendor conspicuously posts signs at each |
| 33 | entrance to the establishment stating that smoking is permitted |
| 34 | in the establishment. |
| 35 |
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| 36 | The division shall establish by rule the format of the affidavit |
| 37 | required by this subsection. A licensed vendor shall not |
| 38 | knowingly make a false statement on the affidavit required by |
| 39 | this subsection. In addition to the penalties provided in |
| 40 | subsection (7), a licensed vendor who knowingly makes a false |
| 41 | statement on the affidavit required by this subsection may be |
| 42 | subject to suspension or revocation of the vendor's alcoholic |
| 43 | beverage license under s. 561.29. |
| 44 | (6) Every third year after the initial designation, on or |
| 45 | before the licensee's annual license renewal, the licensed |
| 46 | vendor must additionally provide to the division an agreed upon |
| 47 | procedures report in a format established by rule of the |
| 48 | department from a Florida certified public accountant that |
| 49 | attests to the licensee's compliance with the percentage |
| 50 | requirement of s. 386.203(11) for the preceding 36-month period. |
| 51 | Such report shall be admissible in any proceeding pursuant to s. |
| 52 | 120.57. This subsection does not apply to a stand-alone bar if |
| 53 | the only food provided by the business, or in any other way |
| 54 | present or brought onto the premises for consumption by patrons, |
| 55 | is limited to nonperishable snack food items commercially |
| 56 | prepackaged off the premises of the stand-alone bar and served |
| 57 | without additions or preparation; except that a stand-alone bar |
| 58 | may pop popcorn for consumption on its premises, provided that |
| 59 | the equipment used to pop the popcorn is not used to prepare any |
| 60 | other food for patrons. |
| 61 | (6)(7) The Division of Alcoholic Beverages and Tobacco |
| 62 | shall have the power to enforce the provisions of part II of |
| 63 | chapter 386 and to audit a licensed vendor that operates a |
| 64 | business that meets the definition of a stand-alone bar as |
| 65 | provided in s. 386.203(11) for compliance with this section. |
| 66 | (7)(8) Any vendor that operates a business that meets the |
| 67 | definition of a stand-alone bar as provided in s. 386.203(11) |
| 68 | who violates the provisions of this section or part II of |
| 69 | chapter 386 shall be subject to the following penalties: |
| 70 | (a) For the first violation, the vendor shall be subject |
| 71 | to a warning or a fine of up to $500, or both; |
| 72 | (b) For the second violation within 2 years after the |
| 73 | first violation, the vendor shall be subject to a fine of not |
| 74 | less than $500 or more than $2,000; |
| 75 | (c) For the third or subsequent violation within 2 years |
| 76 | after the first violation, the vendor shall receive a suspension |
| 77 | of the right to maintain a stand-alone bar in which tobacco |
| 78 | smoking is permitted, not to exceed 30 days, and shall be |
| 79 | subject to a fine of not less than $500 or more than $2,000; and |
| 80 | (d) For the fourth or subsequent violation, the vendor |
| 81 | shall receive a 60-day suspension of the right to maintain a |
| 82 | stand-alone bar in which tobacco smoking is permitted and shall |
| 83 | be subject to a fine of not less than $500 or more than $2,000 |
| 84 | or revocation of the right to maintain a stand-alone bar in |
| 85 | which tobacco smoking is permitted. |
| 86 | (8)(9) The division shall adopt rules governing the |
| 87 | designation process, criteria for qualification, required |
| 88 | recordkeeping, auditing, and all other rules necessary for the |
| 89 | effective enforcement and administration of this section and |
| 90 | part II of chapter 386. The division is authorized to adopt |
| 91 | emergency rules pursuant to s. 120.54(4) to implement the |
| 92 | provisions of this section. |
| 93 | Section 2. This act shall take effect upon becoming a law. |