Florida Senate - 2016 SENATOR AMENDMENT Bill No. CS for CS for SB 698 Ì469428JÎ469428 LEGISLATIVE ACTION Senate . House . . . Floor: 3a/AD/2R . 02/23/2016 11:31 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 written36request of the licensee, give a written waiver of this37requirement for a period not to exceed 12 months in cases where38the licensee demonstrates that the licensed premises has been39physically destroyed through no fault of the licensee, when the40licensee has suffered an incapacitating illness or injury which41is likely to be prolonged, or when the licensed premises has42been prohibited from making sales as a result of any action of43any court of competent jurisdiction. Any waiver given pursuant44to this subsection may be continued upon subsequent written45request showing that substantial progress has been made toward46restoring the licensed premises to a condition suitable for the47resumption of sales or toward allowing for a court having48jurisdiction over the premises to release said jurisdiction, or49that an incapacitating illness or injury continues to exist.50However, in no event may the waivers necessitated by any one51occurrence cumulatively total more than 24 months. EveryA 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