ENROLLED
       2016 Legislature             CS for CS for SB 698, 3rd Engrossed
       
       
       
       
       
       
                                                              2016698er
    1  
    2         An act relating to alcoholic beverages and tobacco;
    3         amending s. 210.13, F.S.; revising applicability to
    4         include other persons who may be subject to a
    5         determination of tax on failure to file a return;
    6         amending s. 561.01, F.S.; defining the term “railroad
    7         transit station”; amending s. 561.20, F.S.; revising
    8         the requirements to obtain and maintain a food service
    9         establishment alcoholic beverage license; amending s.
   10         561.29, F.S.; requiring the Division of Alcoholic
   11         Beverages and Tobacco to grant a one-time written
   12         waiver or extension of certain requirements to
   13         specified licensees; revising the circumstances under
   14         which a licensee may seek and the division may grant a
   15         waiver or extension of the requirements; revising
   16         compliance requirements for certain licensees;
   17         creating s. 561.4205, F.S.; requiring an alcoholic
   18         beverage distributor to charge a deposit for certain
   19         alcoholic beverage sales; providing an inventory and
   20         reconciliation process as an accounting alternative
   21         for specified vendors; providing an inventory and
   22         reconciliation process for malt beverage kegs;
   23         amending s. 561.422, F.S.; authorizing the division to
   24         issue temporary permits to charitable organizations,
   25         municipalities, and counties to sell alcoholic
   26         beverages for consumption on the premises of an event;
   27         amending s. 563.06, F.S.; authorizing certain
   28         licensees to fill or refill growlers under certain
   29         conditions; amending s. 565.02, F.S.; authorizing
   30         operators of railroad transit stations to obtain
   31         licenses to sell alcoholic beverages; providing
   32         requirements and conditions; prohibiting a
   33         municipality or county from requiring an additional
   34         license or levying a tax to sell certain beverages;
   35         exempting railroad transit stations from liquor bottle
   36         size restrictions; revising the tax on the sale of
   37         alcoholic beverages on certain foreign passenger
   38         vessels; imposing a tax on sale of cigarettes and
   39         other tobacco products on certain foreign passenger
   40         vessels; defining terms; revising legislative
   41         findings; requiring permittees to submit a report to
   42         the division; providing requirements for the report;
   43         amending s. 565.04, F.S.; authorizing a licensed
   44         distributor to transport alcoholic beverages through
   45         certain premises under specified circumstances;
   46         providing effective dates.
   47          
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Section 210.13, Florida Statutes, is amended to
   51  read:
   52         210.13 Determination of tax on failure to file a return.—If
   53  a dealer or other person required to remit the tax under this
   54  part fails to file any return required under this part, or
   55  having filed an incorrect or insufficient return, fails to file
   56  a correct or sufficient return, as the case may require, within
   57  10 days after the giving of notice to the dealer by the Division
   58  of Alcoholic Beverages and Tobacco that such return or corrected
   59  or sufficient return is required, the division shall determine
   60  the amount of tax due by such dealer any time within 3 years
   61  after the making of the earliest sale included in such
   62  determination and give written notice of such determination to
   63  such dealer. Such a determination shall finally and irrevocably
   64  fix the tax unless the dealer against whom it is assessed shall,
   65  within 30 days after the giving of notice of such determination,
   66  apply to the division for a hearing. Judicial review shall not
   67  be granted unless the amount of tax stated in the decision, with
   68  penalties thereon, if any, shall have been first deposited with
   69  the division, and an undertaking or bond filed in the court in
   70  which such cause may be pending in such amount and with such
   71  sureties as the court shall approve, conditioned that if such
   72  proceeding be dismissed or the decision of the division
   73  confirmed, the applicant for review will pay all costs and
   74  charges which may accrue against the applicant in the
   75  prosecution of the proceeding. At the option of the applicant,
   76  such undertaking or bond may be in an additional sum sufficient
   77  to cover the tax, penalties, costs, and charges aforesaid, in
   78  which event the applicant shall not be required to pay such tax
   79  and penalties precedent to the granting of such review by such
   80  court.
   81         Section 2. Subsection (22) is added to section 561.01,
   82  Florida Statutes, to read:
   83         561.01 Definitions.—As used in the Beverage Law:
   84         (22) “Railroad transit station” means a platform or a
   85  terminal facility where passenger trains operating on a guided
   86  rail system according to a fixed schedule between two or more
   87  cities regularly stop to load and unload passengers or goods.
   88  The term includes a passenger waiting lounge and dining, retail,
   89  entertainment, or recreational facilities within the licensed
   90  premises owned or leased by the railroad operator or owner.
   91         Section 3. Paragraph (a) of subsection (2) of section
   92  561.20, Florida Statutes, is amended to read:
   93         561.20 Limitation upon number of licenses issued.—
   94         (2)(a) The No such limitation of the number of licenses as
   95  herein provided in this section does not shall henceforth
   96  prohibit the issuance of a special license to:
   97         1. Any bona fide hotel, motel, or motor court of not fewer
   98  than 80 guest rooms in any county having a population of less
   99  than 50,000 residents, and of not fewer than 100 guest rooms in
  100  any county having a population of 50,000 residents or greater;
  101  or any bona fide hotel or motel located in a historic structure,
  102  as defined in s. 561.01(21), with fewer than 100 guest rooms
  103  which derives at least 51 percent of its gross revenue from the
  104  rental of hotel or motel rooms, which is licensed as a public
  105  lodging establishment by the Division of Hotels and Restaurants;
  106  provided, however, that a bona fide hotel or motel with no fewer
  107  than 10 and no more than 25 guest rooms which is a historic
  108  structure, as defined in s. 561.01(21), in a municipality that
  109  on the effective date of this act has a population, according to
  110  the University of Florida’s Bureau of Economic and Business
  111  Research Estimates of Population for 1998, of no fewer than
  112  25,000 and no more than 35,000 residents and that is within a
  113  constitutionally chartered county may be issued a special
  114  license. This special license shall allow the sale and
  115  consumption of alcoholic beverages only on the licensed premises
  116  of the hotel or motel. In addition, the hotel or motel must
  117  derive at least 60 percent of its gross revenue from the rental
  118  of hotel or motel rooms and the sale of food and nonalcoholic
  119  beverages; provided that the provisions of this subparagraph
  120  shall supersede local laws requiring a greater number of hotel
  121  rooms;
  122         2. Any condominium accommodation of which no fewer than 100
  123  condominium units are wholly rentable to transients and which is
  124  licensed under the provisions of chapter 509, except that the
  125  license shall be issued only to the person or corporation which
  126  operates the hotel or motel operation and not to the association
  127  of condominium owners;
  128         3. Any condominium accommodation of which no fewer than 50
  129  condominium units are wholly rentable to transients, which is
  130  licensed under the provisions of chapter 509, and which is
  131  located in any county having home rule under s. 10 or s. 11,
  132  Art. VIII of the State Constitution of 1885, as amended, and
  133  incorporated by reference in s. 6(e), Art. VIII of the State
  134  Constitution, except that the license shall be issued only to
  135  the person or corporation which operates the hotel or motel
  136  operation and not to the association of condominium owners;
  137         4. A food service establishment that has Any restaurant
  138  having 2,500 square feet of service area, is and equipped to
  139  serve meals to 150 persons full course meals at tables at one
  140  time, and derives deriving at least 51 percent of its gross food
  141  and beverage revenue from the sale of food and nonalcoholic
  142  beverages during the first 60-day operating period and each 12
  143  month operating period thereafter. A food service establishment;
  144  however, no restaurant granted a special license on or after
  145  January 1, 1958, pursuant to general or special law may not
  146  shall operate as a package store and may not sell, nor shall
  147  intoxicating beverages be sold under such license after the
  148  hours of serving or consumption of food have elapsed. Failure by
  149  a licensee to meet the required percentage of food and
  150  nonalcoholic beverage gross revenues during the covered
  151  operating period shall result in revocation of the license or
  152  denial of the pending license application. A licensee whose
  153  license is revoked or an applicant whose pending application is
  154  denied, or any person required to qualify on the special license
  155  application, is ineligible to have any interest in a subsequent
  156  application for such a license for a period of 120 days after
  157  the date of the final denial or revocation; or
  158         5. Any caterer, deriving at least 51 percent of its gross
  159  revenue from the sale of food and nonalcoholic beverages,
  160  licensed by the Division of Hotels and Restaurants under chapter
  161  509. Notwithstanding any other provision of law to the contrary,
  162  a licensee under this subparagraph shall sell or serve alcoholic
  163  beverages only for consumption on the premises of a catered
  164  event at which the licensee is also providing prepared food, and
  165  shall prominently display its license at any catered event at
  166  which the caterer is selling or serving alcoholic beverages. A
  167  licensee under this subparagraph shall purchase all alcoholic
  168  beverages it sells or serves at a catered event from a vendor
  169  licensed under s. 563.02(1), s. 564.02(1), or licensed under s.
  170  565.02(1) subject to the limitation imposed in subsection (1),
  171  as appropriate. A licensee under this subparagraph may not store
  172  any alcoholic beverages to be sold or served at a catered event.
  173  Any alcoholic beverages purchased by a licensee under this
  174  subparagraph for a catered event that are not used at that event
  175  must remain with the customer; provided that if the vendor
  176  accepts unopened alcoholic beverages, the licensee may return
  177  such alcoholic beverages to the vendor for a credit or
  178  reimbursement. Regardless of the county or counties in which the
  179  licensee operates, a licensee under this subparagraph shall pay
  180  the annual state license tax set forth in s. 565.02(1)(b). A
  181  licensee under this subparagraph must maintain for a period of 3
  182  years all records required by the department by rule to
  183  demonstrate compliance with the requirements of this
  184  subparagraph, including licensed vendor receipts for the
  185  purchase of alcoholic beverages and records identifying each
  186  customer and the location and date of each catered event.
  187  Notwithstanding any provision of law to the contrary, any vendor
  188  licensed under s. 565.02(1) subject to the limitation imposed in
  189  subsection (1), may, without any additional licensure under this
  190  subparagraph, serve or sell alcoholic beverages for consumption
  191  on the premises of a catered event at which prepared food is
  192  provided by a caterer licensed under chapter 509. If a licensee
  193  under this subparagraph also possesses any other license under
  194  the Beverage Law, the license issued under this subparagraph
  195  shall not authorize the holder to conduct activities on the
  196  premises to which the other license or licenses apply that would
  197  otherwise be prohibited by the terms of that license or the
  198  Beverage Law. Nothing in this section shall permit the licensee
  199  to conduct activities that are otherwise prohibited by the
  200  Beverage Law or local law. The Division of Alcoholic Beverages
  201  and Tobacco is hereby authorized to adopt rules to administer
  202  the license created in this subparagraph, to include rules
  203  governing licensure, recordkeeping, and enforcement. The first
  204  $300,000 in fees collected by the division each fiscal year
  205  pursuant to this subparagraph shall be deposited in the
  206  Department of Children and Families’ Operations and Maintenance
  207  Trust Fund to be used only for alcohol and drug abuse education,
  208  treatment, and prevention programs. The remainder of the fees
  209  collected shall be deposited into the Hotel and Restaurant Trust
  210  Fund created pursuant to s. 509.072.
  211  
  212  However, any license heretofore issued to any such hotel, motel,
  213  motor court, or restaurant or hereafter issued to any such
  214  hotel, motel, or motor court, including a condominium
  215  accommodation, under the general law shall not be moved to a new
  216  location, such license being valid only on the premises of such
  217  hotel, motel, motor court, or restaurant. Licenses issued to
  218  hotels, motels, motor courts, or restaurants under the general
  219  law and held by such hotels, motels, motor courts, or
  220  restaurants on May 24, 1947, shall be counted in the quota
  221  limitation contained in subsection (1). Any license issued for
  222  any hotel, motel, or motor court under the provisions of this
  223  law shall be issued only to the owner of the hotel, motel, or
  224  motor court or, in the event the hotel, motel, or motor court is
  225  leased, to the lessee of the hotel, motel, or motor court; and
  226  the license shall remain in the name of the owner or lessee so
  227  long as the license is in existence. Any special license now in
  228  existence heretofore issued under the provisions of this law
  229  cannot be renewed except in the name of the owner of the hotel,
  230  motel, motor court, or restaurant or, in the event the hotel,
  231  motel, motor court, or restaurant is leased, in the name of the
  232  lessee of the hotel, motel, motor court, or restaurant in which
  233  the license is located and must remain in the name of the owner
  234  or lessee so long as the license is in existence. Any license
  235  issued under this section shall be marked “Special,” and nothing
  236  herein provided shall limit, restrict, or prevent the issuance
  237  of a special license for any restaurant or motel which shall
  238  hereafter meet the requirements of the law existing immediately
  239  prior to the effective date of this act, if construction of such
  240  restaurant has commenced prior to the effective date of this act
  241  and is completed within 30 days thereafter, or if an application
  242  is on file for such special license at the time this act takes
  243  effect; and any such licenses issued under this proviso may be
  244  annually renewed as now provided by law. Nothing herein prevents
  245  an application for transfer of a license to a bona fide
  246  purchaser of any hotel, motel, motor court, or restaurant by the
  247  purchaser of such facility or the transfer of such license
  248  pursuant to law.
  249         Section 4. Paragraphs (h) and (i) of subsection (1) of
  250  section 561.29, Florida Statutes, are amended to read:
  251         561.29 Revocation and suspension of license; power to
  252  subpoena.—
  253         (1) The division is given full power and authority to
  254  revoke or suspend the license of any person holding a license
  255  under the Beverage Law, when it is determined or found by the
  256  division upon sufficient cause appearing of:
  257         (h) Failure by the holder of any license under s. 561.20(1)
  258  to maintain the licensed premises in an active manner in which
  259  the licensed premises are open for the bona fide sale of
  260  authorized alcoholic beverages during regular business hours of
  261  at least 6 hours a day for a period of 120 days or more during
  262  any 12-month period commencing 18 months after the acquisition
  263  of the license by the licensee, regardless of the date the
  264  license was originally issued. Every licensee must notify the
  265  division in writing of any period during which his or her
  266  license is inactive and place the physical license with the
  267  division to be held in an inactive status. The division may
  268  waive or extend the requirement of this section upon the finding
  269  of hardship, including the purchase of the license in order to
  270  transfer it to a newly constructed or remodeled location.
  271  However, during such closed period, the licensee shall make
  272  reasonable efforts toward restoring the license to active
  273  status. This paragraph applies shall apply to all annual license
  274  periods commencing on or after July 1, 1981, but does shall not
  275  apply to licenses issued after September 30, 1988. The division
  276  shall, upon written request of the licensee, grant a one-time
  277  written waiver or extension of the requirements of this
  278  paragraph for a period not to exceed 12 months. Additionally,
  279  the division may, upon written request of the licensee, grant a
  280  waiver or extension of the requirements of this paragraph for a
  281  period not to exceed 12 months if the licensee demonstrates
  282  that:
  283         1. The licensed premises has been physically damaged to
  284  such an extent that active operation of the business at the
  285  premises is impracticable;
  286         2. Construction or remodeling is underway to relocate the
  287  license to another location;
  288         3. The licensed premises is prohibited from making sales as
  289  the result of an order of a court of competent jurisdiction, or
  290  the action or inaction of a governmental entity relating to the
  291  permitting, construction, or occupational capacity of the
  292  physical location of the licensed premises.
  293         (i) Failure of a any licensee having issued a new or
  294  transfer license issued under s. 561.20(1) after September 30,
  295  1988, under s. 561.20(1) to maintain the licensed premises in an
  296  active manner in which the licensed premises are open for
  297  business to the public for the bona fide retail sale of
  298  authorized alcoholic beverages during regular and reasonable
  299  business hours for at least 8 hours a day for a period of 210
  300  days or more during any 12-month period commencing 6 months
  301  after the acquisition of the license by the licensee. It is the
  302  intent of this act that for purposes of compliance with this
  303  paragraph, a licensee shall operate the licensed premises in a
  304  manner so as to maximize sales and tax revenues thereon; this
  305  includes maintaining a reasonable inventory of merchandise,
  306  including authorized alcoholic beverages, and the use of good
  307  business practices to achieve the intent of this law. Any
  308  attempt by a licensee to circumvent the intent of this law shall
  309  be grounds for revocation or suspension of the alcoholic
  310  beverage license. The division may, upon written request of the
  311  licensee, give a written waiver of this requirement for a period
  312  not to exceed 12 months in cases where the licensee demonstrates
  313  that the licensed premises has been physically destroyed through
  314  no fault of the licensee, when the licensee has suffered an
  315  incapacitating illness or injury which is likely to be
  316  prolonged, or when the licensed premises has been prohibited
  317  from making sales as a result of any action of any court of
  318  competent jurisdiction. Any waiver given pursuant to this
  319  subsection may be continued upon subsequent written request
  320  showing that substantial progress has been made toward restoring
  321  the licensed premises to a condition suitable for the resumption
  322  of sales or toward allowing for a court having jurisdiction over
  323  the premises to release said jurisdiction, or that an
  324  incapacitating illness or injury continues to exist. However, in
  325  no event may the waivers necessitated by any one occurrence
  326  cumulatively total more than 24 months. A Every licensee shall
  327  notify the division in writing of any period during which his or
  328  her license is inactive and place the physical license with the
  329  division to be held in an inactive status. For the purpose of
  330  calculating compliance with the requirements of this paragraph,
  331  a license that is acquired in a transaction that is not an arm’s
  332  length transaction, including transfers from relatives,
  333  affiliates, subsidiaries, and other related entities, retains
  334  and is subject to the first related transferor’s date of
  335  acquisition and related periods of operation. The division
  336  shall, upon written request of the licensee, grant a one-time
  337  written waiver or extension of the requirements of this
  338  paragraph for a period not to exceed 12 months. Additionally,
  339  the division may, upon written request of the licensee, grant a
  340  waiver or extension of the requirements of this paragraph for a
  341  period not to exceed 12 months if the licensee demonstrates
  342  that:
  343         1. The licensed premises has been physically damaged to
  344  such an extent that active operation of the business at the
  345  premises is impracticable;
  346         2. Construction or remodeling is underway to relocate the
  347  license to another location;
  348         3. The licensed premises has been prohibited from making
  349  sales as the result of any order of any court of competent
  350  jurisdiction, or any action or inaction of a governmental entity
  351  relating to the permitting, construction, or occupational
  352  capacity of the physical location of the licensed premises.
  353         Section 5. Section 561.4205, Florida Statutes, is created
  354  to read:
  355         561.4205 Keg deposits; limited alternative inventory and
  356  reconciliation process.—
  357         (1) A distributor selling an alcoholic beverage to a vendor
  358  in bulk, by recyclable keg or other similar reusable container,
  359  for the purpose of sale in draft form on tap, must charge the
  360  vendor a deposit, to be referred to as a “keg deposit,” in an
  361  amount not less than that charged to the distributor by the
  362  manufacturer for each keg or container of the beverage sold. The
  363  deposit amount charged to a vendor for a draft keg or container
  364  of a like brand must be uniform. Charges made for deposits
  365  collected or credits allowed for empty kegs or containers
  366  returned must be shown separately on all sale tickets or
  367  invoices. A copy of such sales tickets or invoices must be given
  368  to the vendor at the time of delivery.
  369         (2) In lieu of receiving a keg deposit, a distributor
  370  selling alcoholic beverages by recyclable keg or other similar
  371  reusable container for the purpose of sale in draft form to a
  372  vendor identified in s. 561.01(18) or s. 565.02(6) or (7) shall
  373  implement an inventory and reconciliation process with such
  374  vendor in which an accounting of kegs is completed and any loss
  375  or variance in the number of kegs is paid for by the vendor on a
  376  per-keg basis equivalent to the required keg deposit. This
  377  inventory and reconciliation process may occur twice per year,
  378  at the discretion of the distributor, but must occur at least
  379  annually. Upon completion of an agreed upon keg inventory and
  380  reconciliation, the vendor shall remit payment within 15 days
  381  after receiving an invoice from the distributor. The vendor may
  382  choose to establish and fund a separate account with the
  383  distributor for the purpose of expediting timely payments.
  384         Section 6. Section 561.422, Florida Statutes, is amended to
  385  read:
  386         561.422 Nonprofit civic organizations, charitable
  387  organizations, municipalities, and counties; temporary permits.
  388  Upon the filing of an application, presentation of a local
  389  building and zoning permit, and payment of a fee of $25 per
  390  permit, the director of the division may issue a permit
  391  authorizing a bona fide nonprofit civic organization, charitable
  392  organization, municipality, or county to sell alcoholic
  393  beverages for consumption on the premises only, for a period not
  394  to exceed 3 days, subject to any state law or municipal or
  395  county ordinance regulating the time for selling such beverages.
  396  All net profits from sales of alcoholic beverages collected
  397  during the permit period by a nonprofit or civic organization
  398  must be retained by such organizations the nonprofit civic
  399  organization. All net profits from sales of alcoholic beverages
  400  collected during the permit period by a municipality or county
  401  must be donated to a nonprofit civic or charitable organization
  402  within 90 days after the permitted event. A municipality or
  403  county may only be issued such a temporary permit if it has
  404  attempted to solicit a qualified nonprofit civic or charitable
  405  organization to conduct such sales but has been unable to find
  406  such a qualifying organization in a reasonably practicable
  407  manner and timeframe. A nonprofit Any such civic organization,
  408  charitable organization, municipality, or county may be issued
  409  no more than 12 only three such permits per calendar year.
  410  Notwithstanding other provisions of the Beverage Law, a
  411  nonprofit any civic organization, charitable organization,
  412  municipality, or county licensed under this section may purchase
  413  alcoholic beverages from a distributor or vendor licensed under
  414  the Beverage Law. The division may adopt rules and conduct
  415  audits to ensure compliance with this section.
  416         Section 7. Effective upon this act becoming a law,
  417  paragraph (a) of subsection (7) of section 563.06, Florida
  418  Statutes, is amended to read:
  419         563.06 Malt beverages; imprint on individual container;
  420  size of containers; exemptions.—
  421         (7) Notwithstanding any other provision of the Beverage
  422  Law, a malt beverage may be packaged in a growler, which is an
  423  individual container that holds 32, 64, or 128 ounces of such
  424  malt beverage if it is filled at the point of sale.
  425         (a) A growler may be filled or refilled by any of the
  426  following:
  427         1. A licensed manufacturer of malt beverages holding a
  428  vendor’s license under s. 561.221(2).
  429         2. A vendor holding a quota license under s. 561.20(1) or
  430  s. 565.02(1)(a) which that authorizes the sale of malt
  431  beverages.
  432         3. A vendor holding a license under s. 563.02(1)(b)-(f), s.
  433  564.02(1)(b)-(f), or s. 565.02(1)(b)-(f), unless such license
  434  restricts the sale of malt beverages to sale for consumption
  435  only on the premises of such vendor.
  436         4. A vendor holding a license pursuant to s. 563.02(1)(a)
  437  or s. 564.02(1)(a), having held that license in current, active
  438  status on June 30, 2015, subject to the following requirements:
  439         a. The vendor proves, to the satisfaction of the division,
  440  that the vendor had draft equipment and tapping accessories
  441  installed and had purchased kegs before June 30, 2015.
  442         b. The growlers are filled or refilled by the vendor or the
  443  vendor’s employee aged 18 or older.
  444         c. The taps or mechanisms used to fill or refill the
  445  growlers are not accessible to customers.
  446         d. The growlers meet the labeling and sealing requirements
  447  of paragraph (b).
  448         e. The vendor does not permit consumption on premises,
  449  including tastings or other sampling activities.
  450         Section 8. Subsections (2) and (9) of section 565.02,
  451  Florida Statutes, are amended to read:
  452         565.02 License fees; vendors; clubs; caterers; and others.—
  453         (2) An Any operator of railroads or sleeping cars, or a
  454  vendor in a railroad transit station, in this state may obtain a
  455  license to keep for sale and to sell the beverages mentioned in
  456  the Beverage Law on passenger trains upon the payment of an
  457  annual license tax of $2,500, the tax to be paid to the
  458  division. A municipality or county may not require an additional
  459  license or levy a tax for the privilege of selling such
  460  beverages.
  461         (a) Operators of railroads or sleeping cars in this state
  462  are authorized Such license shall authorize the holder thereof
  463  to keep for sale and to sell all beverages mentioned in the
  464  Beverage Law for consumption upon any dining, club, parlor,
  465  buffet, or observation car of a passenger train in which
  466  certified copies of the licenses issued to the operators are
  467  posted. Certified copies of such licenses shall be issued by the
  468  division upon the payment of a $10 fee operated by it in this
  469  state, but such beverages may be sold only to passengers upon
  470  the cars and must be served for consumption thereon. It is
  471  unlawful for such licensees to purchase or sell any liquor
  472  except in miniature bottles of not more than 2 ounces. A Every
  473  such license for the sale of alcoholic beverages on a passenger
  474  train shall be good throughout the state. Except for alcoholic
  475  beverages sold within the licensed premises of a railroad
  476  transit station, it is unlawful for such licensees to purchase
  477  or sell any liquor on a passenger train except in miniature
  478  bottles of not more than 2 ounces. No license shall be required,
  479  or tax levied by any municipality or county, for the privilege
  480  of selling such beverages for consumption in such cars. Such
  481  beverages shall be sold only on cars in which are posted
  482  certified copies of the licenses issued to such operator. Such
  483  certified copies of such licenses shall be issued by the
  484  division upon the payment of a tax of $10.
  485         (b) A vendor in a railroad transit station is authorized to
  486  keep for sale and to sell all beverages mentioned in the
  487  Beverage Law. A license issued to a vendor in a railroad transit
  488  station may not be transferred to locations beyond the railroad
  489  transit station. The alcoholic beverages sold are for
  490  consumption on the licensed premises and may be consumed in all
  491  areas within the railroad transit station and on a passenger
  492  train. Operators of railroads and sleeping cars shall keep
  493  separate the alcoholic beverages intended for sale on passenger
  494  trains and the alcoholic beverages intended for sale in the
  495  railroad transit station.
  496         (9)(a) As used in this subsection, the term:
  497         1. “Annual capacity” means an amount equal to the number of
  498  lower berths on a vessel multiplied by the number of
  499  embarkations of that vessel during a calendar year.
  500         2. “Base rate” means an amount equal to the total taxes and
  501  surcharges paid by all permittees pursuant to the Beverage Law
  502  and chapter 210 for sales of alcoholic beverages, cigarettes,
  503  and other tobacco products taking place between January 1, 2015,
  504  and December 31, 2015, inclusive, divided by the sum of the
  505  annual capacities of all vessels permitted pursuant to former s.
  506  565.02(9), Florida Statutes 2015, for calendar year 2015.
  507         3. “Embarkation” means an instance in which a vessel
  508  departs from a port in this state.
  509         4. “Lower berth” means a bed that is:
  510         a. Affixed to a vessel;
  511         b. Not located above another bed in the same cabin; and
  512         c. Located in a cabin not in use by employees of the
  513  operator of the vessel or its contractors.
  514         5. “Quarterly capacity” means an amount equal to the number
  515  of lower berths on a vessel multiplied by the number of
  516  embarkations of that vessel during a calendar quarter.
  517         (b) It is the finding of the Legislature that passenger
  518  vessels engaged exclusively in foreign commerce are susceptible
  519  to a distinct and separate classification for purposes of the
  520  sale of alcoholic beverages, cigarettes, and other tobacco
  521  products under the Beverage Law and chapter 210.
  522         (c) Upon the filing of an application and payment of an
  523  annual fee of $1,100, the director is authorized to issue a
  524  permit authorizing the operator, or, if applicable, his or her
  525  concessionaire, of a passenger vessel which has cabin-berth
  526  capacity for at least 75 passengers, and which is engaged
  527  exclusively in foreign commerce, to sell alcoholic beverages,
  528  cigarettes, and other tobacco products on the vessel for
  529  consumption on board only:
  530         1.(a)For no more than During a period not in excess of 24
  531  hours before prior to departure while the vessel is moored at a
  532  dock or wharf in a port of this state; or
  533         2.(b) At any time while the vessel is located in Florida
  534  territorial waters and is in transit to or from international
  535  waters.
  536  
  537  One such permit shall be required for each such vessel and shall
  538  name the vessel for which it is issued. No license shall be
  539  required or tax levied by any municipality or county for the
  540  privilege of selling beverages, cigarettes, or other tobacco
  541  products for consumption on board such vessels. The beverages,
  542  cigarettes, or other tobacco products so sold may be purchased
  543  outside the state by the permittee, and the same shall not be
  544  considered as imported for the purposes of s. 561.14(3) solely
  545  because of such sale. The permittee is not required to obtain
  546  its beverages, cigarettes, or other tobacco products from
  547  licensees under the Beverage Law or chapter 210. Each permittee,
  548  but it shall keep a strict account of the quarterly capacity of
  549  each of its vessels all such beverages sold within this state
  550  and shall make quarterly monthly reports to the division on
  551  forms prepared and furnished by the division. A permittee who
  552  sells on board the vessel beverages withdrawn from United States
  553  Bureau of Customs and Border Protection bonded storage on board
  554  the vessel may satisfy such accounting requirement by supplying
  555  the division with copies of the appropriate United States Bureau
  556  of Customs and Border Protection forms evidencing such
  557  withdrawals as importations under United States customs laws.
  558         (d) Each Such permittee shall pay to the state a an excise
  559  tax for beverages, cigarettes, and other tobacco products sold
  560  pursuant to this subsection in an amount equal to the base rate
  561  multiplied by the permittee’s quarterly capacity during the
  562  calendar quarter, less any tax or surcharge already paid by a
  563  licensed manufacturer or distributor pursuant to the Beverage
  564  Law or chapter 210 on beverages, cigarettes, and other tobacco
  565  products sold by the permittee pursuant to this subsection
  566  during the quarter for which tax is due section, if such excise
  567  tax has not previously been paid, in an amount equal to the tax
  568  which would be required to be paid on such sales by a licensed
  569  manufacturer or distributor.
  570         (e) A vendor holding such permit shall pay the tax
  571  quarterly monthly to the division at the same time he or she
  572  furnishes the required report. Such report shall be filed on or
  573  before the 15th day of each calendar quarter month for the
  574  quarterly capacity sales occurring during the previous calendar
  575  quarter month.
  576         (f) By August 1, 2016, each permittee shall report the
  577  annual capacity for each of its vessels for calendar year 2015
  578  to the division on forms prepared and furnished by the division.
  579  By September 1, 2016, the division shall calculate the base rate
  580  and report it to each permittee. The base rate shall also be
  581  published in the Florida Administrative Register and on the
  582  department’s website.
  583         (g) Revenues collected pursuant to this subsection shall be
  584  distributed pursuant to s. 561.121(1).
  585         Section 9. Section 565.04, Florida Statutes, is amended to
  586  read:
  587         565.04 Package store restrictions.—
  588         (1) Vendors licensed under s. 565.02(1)(a) shall not in
  589  said place of business sell, offer, or expose for sale any
  590  merchandise other than such beverages, and such places of
  591  business shall be devoted exclusively to such sales; provided,
  592  however, that such vendors shall be permitted to sell bitters,
  593  grenadine, nonalcoholic mixer-type beverages (not to include
  594  fruit juices produced outside this state), fruit juices produced
  595  in this state, home bar, and party supplies and equipment
  596  (including but not limited to glassware and party-type foods),
  597  miniatures of no alcoholic content, and tobacco products. Such
  598  places of business shall have no openings permitting direct
  599  access to any other building or room, except to a private office
  600  or storage room of the place of business from which patrons are
  601  excluded.
  602         (2) Notwithstanding any other law, when delivering
  603  alcoholic beverages to a vendor licensed under s. 565.02(1)(a),
  604  a licensed distributor may transport the beverages through
  605  another premises owned in whole or in part by the vendor.
  606         Section 10. Except as otherwise expressly provided in this
  607  act and except for this section, which shall take effect upon
  608  this act becoming a law, this act shall take effect July 1,
  609  2016.