Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 698
       
       
       
       
       
       
                                Ì421950ÈÎ421950                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             02/23/2016 11:29 AM       .                                
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       Senator Bradley moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 114 and 115
    4  insert:
    5         Section 4. Paragraph (a) of subsection (2) of section
    6  561.20, Florida Statutes, is amended to read:
    7         561.20 Limitation upon number of licenses issued.—
    8         (2)(a) The No such limitation of the number of licenses as
    9  herein provided in this section does not shall henceforth
   10  prohibit the issuance of a special license to:
   11         1. Any bona fide hotel, motel, or motor court of not fewer
   12  than 80 guest rooms in any county having a population of less
   13  than 50,000 residents, and of not fewer than 100 guest rooms in
   14  any county having a population of 50,000 residents or greater;
   15  or any bona fide hotel or motel located in a historic structure,
   16  as defined in s. 561.01(21), with fewer than 100 guest rooms
   17  which derives at least 51 percent of its gross revenue from the
   18  rental of hotel or motel rooms, which is licensed as a public
   19  lodging establishment by the Division of Hotels and Restaurants;
   20  provided, however, that a bona fide hotel or motel with no fewer
   21  than 10 and no more than 25 guest rooms which is a historic
   22  structure, as defined in s. 561.01(21), in a municipality that
   23  on the effective date of this act has a population, according to
   24  the University of Florida’s Bureau of Economic and Business
   25  Research Estimates of Population for 1998, of no fewer than
   26  25,000 and no more than 35,000 residents and that is within a
   27  constitutionally chartered county may be issued a special
   28  license. This special license shall allow the sale and
   29  consumption of alcoholic beverages only on the licensed premises
   30  of the hotel or motel. In addition, the hotel or motel must
   31  derive at least 60 percent of its gross revenue from the rental
   32  of hotel or motel rooms and the sale of food and nonalcoholic
   33  beverages; provided that the provisions of this subparagraph
   34  shall supersede local laws requiring a greater number of hotel
   35  rooms;
   36         2. Any condominium accommodation of which no fewer than 100
   37  condominium units are wholly rentable to transients and which is
   38  licensed under the provisions of chapter 509, except that the
   39  license shall be issued only to the person or corporation which
   40  operates the hotel or motel operation and not to the association
   41  of condominium owners;
   42         3. Any condominium accommodation of which no fewer than 50
   43  condominium units are wholly rentable to transients, which is
   44  licensed under the provisions of chapter 509, and which is
   45  located in any county having home rule under s. 10 or s. 11,
   46  Art. VIII of the State Constitution of 1885, as amended, and
   47  incorporated by reference in s. 6(e), Art. VIII of the State
   48  Constitution, except that the license shall be issued only to
   49  the person or corporation which operates the hotel or motel
   50  operation and not to the association of condominium owners;
   51         4. Any food service establishment that has restaurant
   52  having 2,500 square feet of service area, is and equipped to
   53  serve meals to 150 persons full course meals at tables at one
   54  time, and that derives deriving at least 51 percent of its gross
   55  food and beverage revenue from the sale of food and nonalcoholic
   56  beverages during the first 60-day operating period and each 12
   57  month operating period thereafter.; However, A food service
   58  establishment no restaurant granted a special license on or
   59  after January 1, 1958, pursuant to general or special law may
   60  not shall operate as a package store and may not sell, nor shall
   61  intoxicating beverages be sold under such license after the
   62  hours of serving or consumption of food have elapsed. Failure by
   63  a licensee to meet the required percentage of food and
   64  nonalcoholic beverage gross revenues during the covered
   65  operating period shall result in revocation of the license or
   66  denial of the pending license application. A licensee whose
   67  license is revoked or an applicant whose pending application is
   68  denied, or any person required to qualify on the special license
   69  application, is ineligible to have any interest in a subsequent
   70  application for such a license for a period of 120 days after
   71  the date of the final denial or revocation; or
   72         5. Any caterer, deriving at least 51 percent of its gross
   73  revenue from the sale of food and nonalcoholic beverages,
   74  licensed by the Division of Hotels and Restaurants under chapter
   75  509. Notwithstanding any other provision of law to the contrary,
   76  a licensee under this subparagraph shall sell or serve alcoholic
   77  beverages only for consumption on the premises of a catered
   78  event at which the licensee is also providing prepared food, and
   79  shall prominently display its license at any catered event at
   80  which the caterer is selling or serving alcoholic beverages. A
   81  licensee under this subparagraph shall purchase all alcoholic
   82  beverages it sells or serves at a catered event from a vendor
   83  licensed under s. 563.02(1), s. 564.02(1), or licensed under s.
   84  565.02(1) subject to the limitation imposed in subsection (1),
   85  as appropriate. A licensee under this subparagraph may not store
   86  any alcoholic beverages to be sold or served at a catered event.
   87  Any alcoholic beverages purchased by a licensee under this
   88  subparagraph for a catered event that are not used at that event
   89  must remain with the customer; provided that if the vendor
   90  accepts unopened alcoholic beverages, the licensee may return
   91  such alcoholic beverages to the vendor for a credit or
   92  reimbursement. Regardless of the county or counties in which the
   93  licensee operates, a licensee under this subparagraph shall pay
   94  the annual state license tax set forth in s. 565.02(1)(b). A
   95  licensee under this subparagraph must maintain for a period of 3
   96  years all records required by the department by rule to
   97  demonstrate compliance with the requirements of this
   98  subparagraph, including licensed vendor receipts for the
   99  purchase of alcoholic beverages and records identifying each
  100  customer and the location and date of each catered event.
  101  Notwithstanding any provision of law to the contrary, any vendor
  102  licensed under s. 565.02(1) subject to the limitation imposed in
  103  subsection (1), may, without any additional licensure under this
  104  subparagraph, serve or sell alcoholic beverages for consumption
  105  on the premises of a catered event at which prepared food is
  106  provided by a caterer licensed under chapter 509. If a licensee
  107  under this subparagraph also possesses any other license under
  108  the Beverage Law, the license issued under this subparagraph
  109  shall not authorize the holder to conduct activities on the
  110  premises to which the other license or licenses apply that would
  111  otherwise be prohibited by the terms of that license or the
  112  Beverage Law. Nothing in this section shall permit the licensee
  113  to conduct activities that are otherwise prohibited by the
  114  Beverage Law or local law. The Division of Alcoholic Beverages
  115  and Tobacco is hereby authorized to adopt rules to administer
  116  the license created in this subparagraph, to include rules
  117  governing licensure, recordkeeping, and enforcement. The first
  118  $300,000 in fees collected by the division each fiscal year
  119  pursuant to this subparagraph shall be deposited in the
  120  Department of Children and Families’ Operations and Maintenance
  121  Trust Fund to be used only for alcohol and drug abuse education,
  122  treatment, and prevention programs. The remainder of the fees
  123  collected shall be deposited into the Hotel and Restaurant Trust
  124  Fund created pursuant to s. 509.072.
  125  
  126  However, any license heretofore issued to any such hotel, motel,
  127  motor court, or restaurant or hereafter issued to any such
  128  hotel, motel, or motor court, including a condominium
  129  accommodation, under the general law shall not be moved to a new
  130  location, such license being valid only on the premises of such
  131  hotel, motel, motor court, or restaurant. Licenses issued to
  132  hotels, motels, motor courts, or restaurants under the general
  133  law and held by such hotels, motels, motor courts, or
  134  restaurants on May 24, 1947, shall be counted in the quota
  135  limitation contained in subsection (1). Any license issued for
  136  any hotel, motel, or motor court under the provisions of this
  137  law shall be issued only to the owner of the hotel, motel, or
  138  motor court or, in the event the hotel, motel, or motor court is
  139  leased, to the lessee of the hotel, motel, or motor court; and
  140  the license shall remain in the name of the owner or lessee so
  141  long as the license is in existence. Any special license now in
  142  existence heretofore issued under the provisions of this law
  143  cannot be renewed except in the name of the owner of the hotel,
  144  motel, motor court, or restaurant or, in the event the hotel,
  145  motel, motor court, or restaurant is leased, in the name of the
  146  lessee of the hotel, motel, motor court, or restaurant in which
  147  the license is located and must remain in the name of the owner
  148  or lessee so long as the license is in existence. Any license
  149  issued under this section shall be marked “Special,” and nothing
  150  herein provided shall limit, restrict, or prevent the issuance
  151  of a special license for any restaurant or motel which shall
  152  hereafter meet the requirements of the law existing immediately
  153  prior to the effective date of this act, if construction of such
  154  restaurant has commenced prior to the effective date of this act
  155  and is completed within 30 days thereafter, or if an application
  156  is on file for such special license at the time this act takes
  157  effect; and any such licenses issued under this proviso may be
  158  annually renewed as now provided by law. Nothing herein prevents
  159  an application for transfer of a license to a bona fide
  160  purchaser of any hotel, motel, motor court, or restaurant by the
  161  purchaser of such facility or the transfer of such license
  162  pursuant to law.
  163  
  164  ================= T I T L E  A M E N D M E N T ================
  165  And the title is amended as follows:
  166         Between lines 10 and 11
  167  insert:
  168         561.20, F.S.; providing that a license must be revoked
  169         or a pending application must be denied under certain
  170         circumstances; providing that certain licensees or
  171         applicants are not eligible to have an interest in a
  172         subsequent license under certain circumstances for a
  173         specified timeframe; amending s.