| 1 | A bill to be entitled |
| 2 | An act relating to alcoholic beverages; creating s. |
| 3 | 877.28, F.S.; providing that it shall be unlawful for |
| 4 | persons to consume or possess alcoholic beverages in |
| 5 | certain locations; providing definitions; requiring |
| 6 | certain stores to post a specified notice; providing areas |
| 7 | of applicability and exceptions; providing a penalty; |
| 8 | providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Section 877.28, Florida Statutes, is created to |
| 13 | read: |
| 14 | 877.28 Alcohol in open containers near certain locations; |
| 15 | signs for certain stores.-- |
| 16 | (1) As used in this section, the term: |
| 17 | (a) "Alcoholic beverage" means any beverage containing |
| 18 | more than 1 percent of alcohol by weight. |
| 19 | (b) "Food store selling alcoholic beverages" means any |
| 20 | food or convenience store that has a license for package sales |
| 21 | of alcoholic beverages from the Division of Alcoholic Beverages |
| 22 | and Tobacco of the Department of Business and Professional |
| 23 | Regulation in the classification 1-APS, 2-APS, or PS. |
| 24 | (c) "Open container" means any bottle, can, cup, glass, or |
| 25 | other receptacle containing any alcoholic beverage that is open, |
| 26 | that has been opened, that has its seal broken, or that has had |
| 27 | its contents partially removed. |
| 28 | (d) "Operator" means any person physically present at a |
| 29 | store defined in paragraph (b) or paragraph (f) who is managing |
| 30 | the store or is otherwise in charge of its operation. |
| 31 | (e) "Owner" means any person holding an occupational |
| 32 | license for a store defined in paragraph (b) or paragraph (f). |
| 33 | (f) "Package store" means any store primarily engaged in |
| 34 | the business of selling alcoholic beverages that has a license |
| 35 | for package sales from the Division of Alcoholic Beverages and |
| 36 | Tobacco of the Department of Business and Professional |
| 37 | Regulation in the classifications of 1-APS, 2-APS, or PS. |
| 38 | (2)(a) It is a public nuisance and shall be unlawful and |
| 39 | in violation of this section for any person to consume any |
| 40 | alcoholic beverage while within 100 feet of any package store or |
| 41 | food store selling alcoholic beverages, property regularly used |
| 42 | for religious purposes, community center, senior citizens' |
| 43 | center, day care center, funeral home, or school. |
| 44 | (b) It is a public nuisance and shall be unlawful and in |
| 45 | violation of this section for any person to possess an open |
| 46 | container of alcoholic beverages while stopping, standing, or |
| 47 | remaining within 100 feet of any package store or food store |
| 48 | selling alcoholic beverages, property regularly used for |
| 49 | religious purposes, community center, senior citizens' center, |
| 50 | day care center, funeral home, or school. |
| 51 | (c) The owner or operator of any package store or food |
| 52 | store selling alcoholic beverages shall prominently post on the |
| 53 | outside of each store entrance and on the inside of the main |
| 54 | customer exit of each such store a sign with letters at least 2 |
| 55 | inches tall and in a color contrasting from the background, |
| 56 | stating: |
| 57 |
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| 58 | IT IS UNLAWFUL FOR ANY PERSON TO CONSUME OR POSSESS, IN AN OPEN |
| 59 | CONTAINER, ANY ALCOHOLIC BEVERAGE IN THIS STORE OR WITHIN 100 |
| 60 | FEET OF ANY PART OF THIS STORE OR OF THIS PROPERTY. VIOLATORS |
| 61 | ARE SUBJECT TO ARREST AND PROSECUTION. |
| 62 |
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| 63 | (d) The sign required by this subsection shall be posted |
| 64 | in English, Spanish, and Haitian Creole. |
| 65 | (3) For the purpose of this section, the area within 100 |
| 66 | feet of any property described in paragraphs (2)(a) and (b) is |
| 67 | the area within a 100-foot radius of any part of such property, |
| 68 | but does not include any property lawfully used for a private |
| 69 | residence or any area where possession or consumption of |
| 70 | alcoholic beverages is specifically prohibited or permitted by |
| 71 | the Beverage Law or by any license or permit issued pursuant |
| 72 | thereto. This section does not apply to any alcoholic beverage |
| 73 | served by a religious organization, community center, senior |
| 74 | citizens' center, day care center, funeral home, or school and |
| 75 | consumed on such premises as part of a religious service, |
| 76 | community meal, or event sponsored by that organization, center, |
| 77 | home, or school. |
| 78 | (4) This section does not prohibit a county or |
| 79 | municipality from enforcing an ordinance that concerns the |
| 80 | subject matter of this section but provides for a different |
| 81 | penalty or provides for additional signage requirements, if the |
| 82 | local ordinance was adopted prior to July 1, 2006. |
| 83 | (5) Any person who violates this section commits a |
| 84 | misdemeanor of the second degree, punishable as provided in s. |
| 85 | 775.082 or s. 775.083. |
| 86 | Section 2. This act shall take effect July 1, 2006. |