Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 698
       
       
       
       
       
       
                                Ì469428JÎ469428                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 3a/AD/2R         .                                
             02/23/2016 11:31 AM       .                                
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       Senator Bradley moved the following:
       
    1         Senate Amendment to Amendment (598330) (with title
    2  amendment)
    3  
    4         Delete lines 18 - 77
    5  and insert:
    6  waiver or extension of the requirements of this paragraph for a
    7  period not to exceed 12 months if the licensee demonstrates
    8  that:
    9         1. The licensed premises has been physically damaged to
   10  such an extent that active operation of the business at the
   11  premises is impracticable;
   12         2. Construction or remodeling is underway to relocate the
   13  license to another location;
   14         3. The licensed premises has been prohibited from making
   15  sales as the result of any order of any court of competent
   16  jurisdiction, or any action or inaction of a local governmental
   17  entity relating to the permitting, construction, or occupational
   18  capacity of the physical location of the licensed premises.
   19         (i) Failure of any licensee issued a new or transfer
   20  license after September 30, 1988, under s. 561.20(1) to maintain
   21  the licensed premises in an active manner in which the licensed
   22  premises are open for business to the public for the bona fide
   23  retail sale of authorized alcoholic beverages during regular and
   24  reasonable business hours for at least 8 hours a day for a
   25  period of 210 days or more during any 12-month period commencing
   26  6 months after the acquisition of the license by the licensee.
   27  It is the intent of this act that for purposes of compliance
   28  with this paragraph, a licensee shall operate the licensed
   29  premises in a manner so as to maximize sales and tax revenues
   30  thereon; this includes maintaining a reasonable inventory of
   31  merchandise, including authorized alcoholic beverages, and the
   32  use of good business practices to achieve the intent of this
   33  law. Any attempt by a licensee to circumvent the intent of this
   34  law shall be grounds for revocation or suspension of the
   35  alcoholic beverage license. The division may, upon written
   36  request of the licensee, give a written waiver of this
   37  requirement for a period not to exceed 12 months in cases where
   38  the licensee demonstrates that the licensed premises has been
   39  physically destroyed through no fault of the licensee, when the
   40  licensee has suffered an incapacitating illness or injury which
   41  is likely to be prolonged, or when the licensed premises has
   42  been prohibited from making sales as a result of any action of
   43  any court of competent jurisdiction. Any waiver given pursuant
   44  to this subsection may be continued upon subsequent written
   45  request showing that substantial progress has been made toward
   46  restoring the licensed premises to a condition suitable for the
   47  resumption of sales or toward allowing for a court having
   48  jurisdiction over the premises to release said jurisdiction, or
   49  that an incapacitating illness or injury continues to exist.
   50  However, in no event may the waivers necessitated by any one
   51  occurrence cumulatively total more than 24 months. Every A
   52  licensee shall notify the division in writing of any period
   53  during which his or her license is inactive and place the
   54  physical license with the division to be held in an inactive
   55  status. For the purpose of calculating compliance with the
   56  requirements of this paragraph, a license that is acquired in a
   57  transaction that is not an arm’s length transaction, including
   58  transfers from relatives, affiliates, subsidiaries, and other
   59  related entities, retains and is subject to the first related
   60  transferor’s date of acquisition and related periods of
   61  operation. The division shall, upon written request of the
   62  licensee, grant a one-time written waiver or extension of the
   63  requirements of this paragraph for a period not to exceed 12
   64  months. Additionally, the division may, upon written request of
   65  the licensee, grant a waiver or extension of the
   66  
   67  ================= T I T L E  A M E N D M E N T ================
   68  And the title is amended as follows:
   69         Delete line 99
   70  and insert:
   71         division may grant a waiver or extension of the