Senate Bill sb0600c1

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    Florida Senate - 2006                            CS for SB 600

    By the Committee on Community Affairs; and Senator Haridopolos





    578-2050-06

  1                      A bill to be entitled

  2         An act relating to stand-alone bars; amending

  3         s. 561.695, F.S.; providing for a penalty to be

  4         imposed against a licensed vendor who knowingly

  5         makes a false statement on an annual compliance

  6         affidavit; removing a requirement that licensed

  7         vendors file a procedures report regarding

  8         compliance with certain food service

  9         limitations; providing an effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Subsections (5), (6), (7), (8), and (9) of

14  section 561.695, Florida Statutes, are amended to read:

15         561.695  Stand-alone bar enforcement; qualification;

16  penalties.--

17         (5)  After the initial designation, to continue to

18  qualify as a stand-alone bar the licensee must provide to the

19  division annually, on or before the licensee's annual renewal

20  date, an affidavit that certifies, with respect to the

21  preceding 12-month period, the following:

22         (a)  No more than 10 percent of the gross revenue of

23  the business is from the sale of food consumed on the licensed

24  premises as defined in s. 386.203(11).

25         (b)  Other than customary bar snacks as defined by rule

26  of the division, the licensed vendor does not provide or serve

27  food to a person on the licensed premises without requiring

28  the person to pay a separately stated charge for food that

29  reasonably approximates the retail value of the food.

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    Florida Senate - 2006                            CS for SB 600
    578-2050-06




 1         (c)  The licensed vendor conspicuously posts signs at

 2  each entrance to the establishment stating that smoking is

 3  permitted in the establishment.

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 5  The division shall establish by rule the format of the

 6  affidavit required by this subsection. A licensed vendor may

 7  not knowingly make a false statement on the affidavit required

 8  by this subsection. In addition to the penalties provided in

 9  subsection (7), a licensed vendor who knowingly makes a false

10  statement on the affidavit required by this subsection may be

11  subject to suspension or revocation of the vendor's alcoholic

12  beverage license under s. 561.29.

13         (6)  Every third year after the initial designation, on

14  or before the licensee's annual license renewal, the licensed

15  vendor must additionally provide to the division an agreed

16  upon procedures report in a format established by rule of the

17  department from a Florida certified public accountant that

18  attests to the licensee's compliance with the percentage

19  requirement of s. 386.203(11) for the preceding 36-month

20  period. Such report shall be admissible in any proceeding

21  pursuant to s. 120.57. This subsection does not apply to a

22  stand-alone bar if the only food provided by the business, or

23  in any other way present or brought onto the premises for

24  consumption by patrons, is limited to nonperishable snack food

25  items commercially prepackaged off the premises of the

26  stand-alone bar and served without additions or preparation;

27  except that a stand-alone bar may pop popcorn for consumption

28  on its premises, provided that the equipment used to pop the

29  popcorn is not used to prepare any other food for patrons.

30         (6)(7)  The Division of Alcoholic Beverages and Tobacco

31  shall have the power to enforce the provisions of part II of

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    Florida Senate - 2006                            CS for SB 600
    578-2050-06




 1  chapter 386 and to audit a licensed vendor that operates a

 2  business that meets the definition of a stand-alone bar as

 3  provided in s. 386.203(11) for compliance with this section.

 4         (7)(8)  Any vendor that operates a business that meets

 5  the definition of a stand-alone bar as provided in s.

 6  386.203(11) who violates the provisions of this section or

 7  part II of chapter 386 shall be subject to the following

 8  penalties:

 9         (a)  For the first violation, the vendor shall be

10  subject to a warning or a fine of up to $500, or both;

11         (b)  For the second violation within 2 years after the

12  first violation, the vendor shall be subject to a fine of not

13  less than $500 or more than $2,000;

14         (c)  For the third or subsequent violation within 2

15  years after the first violation, the vendor shall receive a

16  suspension of the right to maintain a stand-alone bar in which

17  tobacco smoking is permitted, not to exceed 30 days, and shall

18  be subject to a fine of not less than $500 or more than

19  $2,000; and

20         (d)  For the fourth or subsequent violation, the vendor

21  shall receive a 60-day suspension of the right to maintain a

22  stand-alone bar in which tobacco smoking is permitted and

23  shall be subject to a fine of not less than $500 or more than

24  $2,000 or revocation of the right to maintain a stand-alone

25  bar in which tobacco smoking is permitted.

26         (8)(9)  The division shall adopt rules governing the

27  designation process, criteria for qualification, required

28  recordkeeping, auditing, and all other rules necessary for the

29  effective enforcement and administration of this section and

30  part II of chapter 386. The division is authorized to adopt

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    Florida Senate - 2006                            CS for SB 600
    578-2050-06




 1  emergency rules pursuant to s. 120.54(4) to implement the

 2  provisions of this section.

 3         Section 2.  This act shall take effect upon becoming a

 4  law.

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 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                         Senate Bill 600

 8                                 

 9  The committee substitute allows for the suspension or
    revocation of a vendor's alcoholic beverage license, in
10  addition to other penalties, if the vendor knowingly makes a
    false statement on a required affidavit. Under existing law, a
11  vendor must certify in a required affidavit that during the
    preceding 12-month period no more than 10 percent of sales are
12  derived from food; the vendor does not serve food, other than
    customary bar snacks, without requiring a customer to pay a
13  separately-stated food charge; and a sign is conspicuously
    posted at each entrance stating smoking is allowed in the
14  establishment.

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