Senate Bill sb0328

    Florida Senate - 2007                                   SB 328

    By Senator Posey





    24-407-07

  1                      A bill to be entitled

  2         An act relating to an exemption from license

  3         suspension or revocation under the Beverage

  4         Law; amending s. 561.706, F.S.; clarifying a

  5         vendor's defense to suspension or revocation of

  6         a license following an employee's illegal sale

  7         or service of an alcoholic beverage; providing

  8         an effective date.

  9  

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

11  

12         Section 1.  Subsection (1) of section 561.706, Florida

13  Statutes, is amended to read:

14         561.706  Exemption from license suspension or

15  revocation; mitigation for certain beverage law violations;

16  records of arrests.--

17         (1)  The license of a vendor qualified as a responsible

18  vendor under this act may not be suspended or revoked for an

19  employee's illegal sale or service of an alcoholic beverage to

20  a person who is not of lawful drinking age or for an

21  employee's engaging in or permitting others to engage in the

22  illegal sale, use of, or trafficking in controlled substances,

23  if the employee had completed the applicable training

24  prescribed by this act prior to committing such violation,

25  unless the vendor had knowledge of the violation, should have

26  known about such violation, or participated in or committed

27  such violation. A No vendor may not use as a defense to

28  suspension or revocation the fact that she or he was absent

29  from the licensed premises at the time a violation of the

30  Beverage Law occurred if the violations are flagrant,

31  persistent, repeated, or recurring. A violation is flagrant,

                                  1

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






    Florida Senate - 2007                                   SB 328
    24-407-07




 1  persistent, or recurring if the illegal sale or service occurs

 2  two times or more within a 60-day period or three times or

 3  more within a 1-year period.

 4         Section 2.  This act shall take effect July 1, 2007.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Clarifies a vendor's defense to suspension or revocation
      of a license following a violation of the Beverage Law.
 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  2

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