HB 617

1
A bill to be entitled
2An act relating to alcoholic beverages; creating s.
3877.28, F.S.; providing that it shall be unlawful for
4persons to consume or possess alcoholic beverages in
5certain locations; providing definitions; requiring
6certain stores to post a specified notice; providing areas
7of applicability and exceptions; providing a penalty;
8providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Section 877.28, Florida Statutes, is created to
13read:
14     877.28  Alcohol in open containers near certain locations;
15signs for certain stores.--
16     (1)  As used in this section, the term:
17     (a)  "Alcoholic beverage" means any beverage containing
18more than 1 percent of alcohol by weight.
19     (b)  "Food store selling alcoholic beverages" means any
20food or convenience store that has a license for package sales
21of alcoholic beverages from the Division of Alcoholic Beverages
22and Tobacco of the Department of Business and Professional
23Regulation in the classification 1-APS, 2-APS, or PS.
24     (c)  "Open container" means any bottle, can, cup, glass, or
25other receptacle containing any alcoholic beverage that is open,
26that has been opened, that has its seal broken, or that has had
27its contents partially removed.
28     (d)  "Operator" means any person physically present at a
29store defined in paragraph (b) or paragraph (f) who is managing
30the store or is otherwise in charge of its operation.
31     (e)  "Owner" means any person holding an occupational
32license for a store defined in paragraph (b) or paragraph (f).
33     (f)  "Package store" means any store primarily engaged in
34the business of selling alcoholic beverages that has a license
35for package sales from the Division of Alcoholic Beverages and
36Tobacco of the Department of Business and Professional
37Regulation in the classifications of 1-APS, 2-APS, or PS.
38     (2)(a)  It is a public nuisance and shall be unlawful and
39in violation of this section for any person to consume any
40alcoholic beverage while within 100 feet of any package store or
41food store selling alcoholic beverages, property regularly used
42for religious purposes, community center, senior citizens'
43center, day care center, funeral home, or school.
44     (b)  It is a public nuisance and shall be unlawful and in
45violation of this section for any person to possess an open
46container of alcoholic beverages while stopping, standing, or
47remaining within 100 feet of any package store or food store
48selling alcoholic beverages, property regularly used for
49religious purposes, community center, senior citizens' center,
50day care center, funeral home, or school.
51     (c)  The owner or operator of any package store or food
52store selling alcoholic beverages shall prominently post on the
53outside of each store entrance and on the inside of the main
54customer exit of each such store a sign with letters at least 2
55inches tall and in a color contrasting from the background,
56stating:
57
58IT IS UNLAWFUL FOR ANY PERSON TO CONSUME OR POSSESS, IN AN OPEN
59CONTAINER, ANY ALCOHOLIC BEVERAGE IN THIS STORE OR WITHIN 100
60FEET OF ANY PART OF THIS STORE OR OF THIS PROPERTY. VIOLATORS
61ARE SUBJECT TO ARREST AND PROSECUTION.
62
63     (d)  The sign required by this subsection shall be posted
64in English, Spanish, and Haitian Creole.
65     (3)  For the purpose of this section, the area within 100
66feet of any property described in paragraphs (2)(a) and (b) is
67the area within a 100-foot radius of any part of such property,
68but does not include any property lawfully used for a private
69residence or any area where possession or consumption of
70alcoholic beverages is specifically prohibited or permitted by
71the Beverage Law or by any license or permit issued pursuant
72thereto. This section does not apply to any alcoholic beverage
73served by a religious organization, community center, senior
74citizens' center, day care center, funeral home, or school and
75consumed on such premises as part of a religious service,
76community meal, or event sponsored by that organization, center,
77home, or school.
78     (4)  This section does not prohibit a county or
79municipality from enforcing an ordinance that concerns the
80subject matter of this section but provides for a different
81penalty or provides for additional signage requirements, if the
82local ordinance was adopted prior to July 1, 2006.
83     (5)  Any person who violates this section commits a
84misdemeanor of the second degree, punishable as provided in s.
85775.082 or s. 775.083.
86     Section 2.  This act shall take effect July 1, 2006.


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