ENROLLED 2011 Legislature SB 462 2011462er 1 2 An act relating to the Beverage Law; amending ss. 3 561.15 and 561.17, F.S.; exempting performance arts 4 centers from obtaining approval from the Division of 5 Alcoholic Beverages and Tobacco of the Department of 6 Business and Professional Regulation of volunteer 7 officers or directors of the performing arts center or 8 of changes in such positions; providing an effective 9 date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Subsection (3) of section 561.15, Florida 14 Statutes, is amended to read: 15 561.15 Licenses; qualifications required.— 16 (3) The division may suspend or revoke the license under 17 the Beverage Law of, or may refuse to issue a license under the 18 Beverage Law to: 19 (a) Any person, firm, or corporation the license of which 20 under the Beverage Law has been revoked or has been abandoned 21 after written notice that revocation or suspension proceedings 22 had been or would be brought against the license; 23 (b) Any corporation if an officer, director, or person 24 interested directly or indirectly in the corporation has had her 25 or his license under the Beverage Law revoked or has abandoned 26 her or his license after written notice that revocation or 27 suspension proceedings had been or would be brought against her 28 or his license; or 29 (c) Any person who is or has been an officer of a 30 corporation, or who was interested directly or indirectly in a 31 corporation, the license of which has been revoked or abandoned 32 after written notice that revocation or suspension proceedings 33 had been or would be brought against the license. 34 35 Any license issued to a person, firm, or corporation that would 36 not qualify for the issuance of a new license or the transfer of 37 an existing license may be revoked by the division. However, any 38 company regularly traded on a national securities exchange and 39 not over the counter; any insurer, as defined in the Florida 40 Insurance Code; or any bank or savings and loan association 41 chartered by this state, another state, or the United States 42 which has an interest, directly or indirectly, in an alcoholic 43 beverage license shall not be required to obtain division 44 approval of its officers, directors, or stockholders or any 45 change of such positions or interests. Any such company, 46 insurer, bank, or savings and loan association which has a 47 direct or indirect interest or which has an ownership interest 48 in the business sought to be licensed, but which does not 49 operate that business, may elect to place the license solely in 50 the name of the operator. The operator’s license application 51 shall list the direct, indirect, or ownership interest and the 52 names of the officers, directors, stockholders, or partners of 53 such company, insurer, bank, or association. A shopping center 54 with five or more stores, one or more of which has an alcoholic 55 beverage license and is required under a lease common to all 56 shopping center tenants to pay no more than 10 percent of the 57 gross proceeds of the business holding the license to the 58 shopping center, shall not be considered as having an interest, 59 directly or indirectly, in the license. A performing arts 60 center, as defined in s. 561.01, which has an interest, directly 61 or indirectly, in an alcoholic beverage license is not required 62 to obtain division approval of its volunteer officers or 63 directors or of any change in such positions or interests. 64 Section 2. Subsection (1) of section 561.17, Florida 65 Statutes, is amended to read: 66 561.17 License and registration applications; approved 67 person.— 68 (1) Any person, before engaging in the business of 69 manufacturing, bottling, distributing, selling, or in any way 70 dealing in alcoholic beverages, shall file, with the district 71 licensing personnel of the district of the division in which the 72 place of business for which a license is sought is located, a 73 sworn application in the format prescribed by the division. The 74 applicant must be a legal or business entity, person, or persons 75 and must include all persons, officers, shareholders, and 76 directors of such legal or business entity that have a direct or 77 indirect interest in the business seeking to be licensed under 78 this part. However, the applicant does not include any person 79 that derives revenue from the license solely through a 80 contractual relationship with the licensee, the substance of 81 which contractual relationship is not related to the control of 82 the sale of alcoholic beverages. Before any application is 83 approved, the division may require the applicant to file a set 84 of fingerprints on regular United States Department of Justice 85 forms for herself or himself and for any person or persons 86 interested directly or indirectly with the applicant in the 87 business for which the license is being sought, when required by 88 the division. If the applicant or any person who is interested 89 with the applicant either directly or indirectly in the business 90 or who has a security interest in the license being sought or 91 has a right to a percentage payment from the proceeds of the 92 business, either by lease or otherwise, is not qualified, the 93 division shall deny the application. However, any company 94 regularly traded on a national securities exchange and not over 95 the counter; any insurer, as defined in the Florida Insurance 96 Code; or any bank or savings and loan association chartered by 97 this state, another state, or the United States which has an 98 interest, directly or indirectly, in an alcoholic beverage 99 license is not required to obtain the division’s approval of its 100 officers, directors, or stockholders or any change of such 101 positions or interests. A shopping center with five or more 102 stores, one or more of which has an alcoholic beverage license 103 and is required under a lease common to all shopping center 104 tenants to pay no more than 10 percent of the gross proceeds of 105 the business holding the license to the shopping center, is not 106 considered as having an interest, directly or indirectly, in the 107 license. A performing arts center, as defined in s. 561.01, 108 which has an interest, directly or indirectly, in an alcoholic 109 beverage license is not required to obtain division approval of 110 its volunteer officers or directors or of any change in such 111 positions or interests. 112 Section 3. This act shall take effect July 1, 2011.