Florida Senate - 2016 SB 934
By Senator Latvala
20-00720B-16 2016934__
1 A bill to be entitled
2 An act relating to alcoholic beverage permits;
3 amending s. 218.32, F.S.; requiring local governmental
4 entities to include revenues derived from the use of
5 temporary alcoholic beverage permits in annual
6 financial reports; amending s. 561.01, F.S.; defining
7 the term “railroad transit station”; amending s.
8 561.422, F.S.; authorizing the Division of Alcoholic
9 Beverages and Tobacco within the Department of
10 Business and Professional Regulation to issue
11 temporary permits to municipalities and counties to
12 sell alcoholic beverages for consumption on the
13 premises of an event; providing conditions for such
14 permits; requiring such municipalities and counties to
15 remove and properly dispose of unconsumed alcoholic
16 beverages; amending s. 562.14, F.S.; exempting
17 railroad transit stations from provisions regulating
18 the time during which alcoholic beverages may be sold,
19 served, and consumed; amending s. 565.02, F.S.;
20 authorizing operators of railroad transit stations to
21 obtain licenses to sell alcoholic beverages; revising
22 the locations where certain beverages may be sold;
23 prohibiting the transfer of specified licenses to
24 certain locations; prohibiting a municipality or
25 county from requiring an additional license or levying
26 a tax to sell certain beverages; exempting railroad
27 transit stations from liquor bottle size restrictions;
28 exempting operators of restaurants, shops, or other
29 facilities that are part of, or that serve, railroad
30 transit stations from certain licensing regulations;
31 authorizing alcoholic beverages to be served in all
32 areas within the property of a railroad transit
33 station; providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Paragraph (a) of subsection (1) of section
38 218.32, Florida Statutes, is amended to read:
39 218.32 Annual financial reports; local governmental
40 entities.—
41 (1)(a) Each local governmental entity that is determined to
42 be a reporting entity, as defined by generally accepted
43 accounting principles, and each independent special district as
44 defined in s. 189.012, shall submit to the department a copy of
45 its annual financial report for the previous fiscal year in a
46 format prescribed by the department. The annual financial report
47 must include a list of each local governmental entity included
48 in the report and each local governmental entity that failed to
49 provide financial information as required by paragraph (b). The
50 annual financial report must also include all revenues derived
51 from the use of temporary permits obtained by a reporting entity
52 pursuant to s. 561.422. The chair of the governing body and the
53 chief financial officer of each local governmental entity shall
54 sign the annual financial report submitted pursuant to this
55 subsection attesting to the accuracy of the information included
56 in the report. The county annual financial report must be a
57 single document that covers each county agency.
58 Section 2. Subsection (22) is added to section 561.01,
59 Florida Statutes, to read:
60 561.01 Definitions.—As used in the Beverage Law:
61 (22) “Railroad transit station” means a platform or
62 terminal facility where passenger trains operating on a guided
63 rail system according to a fixed schedule between two or more
64 cities regularly stop to load and unload passengers or goods.
65 The term includes a passenger waiting lounge or dining, retail,
66 entertainment, or recreational facilities within the premises
67 owned or leased by the railroad operator or owner.
68 Section 3. Section 561.422, Florida Statutes, is amended to
69 read:
70 561.422 Nonprofit civic organizations, municipalities, and
71 counties; temporary permits.—
72 (1) Upon the filing of an application, presentation of a
73 local building and zoning permit, and payment of a fee of $25
74 per permit, the director of the division may issue a permit
75 authorizing a bona fide nonprofit civic organization,
76 municipality, or county to sell alcoholic beverages for
77 consumption on the premises of an event only, for a period not
78 to exceed 3 days, subject to any state law or municipal or
79 county ordinance regulating the time for selling such beverages.
80 All net profits from sales of alcoholic beverages collected
81 during the permit period must be retained by the nonprofit civic
82 organization, municipality, or county. Any such nonprofit civic
83 organization, municipality, or county may be issued only three
84 such permits per calendar year.
85 (2) Notwithstanding other provisions of the Beverage Law,
86 any nonprofit civic organization, municipality, or county
87 licensed under this section may purchase alcoholic beverages
88 from a distributor or vendor licensed under the Beverage Law.
89 (3) All alcoholic beverages purchased for sale by a
90 municipality or county which remain unconsumed after an event
91 must be removed from the premises of the event and properly
92 disposed of by the municipality or county.
93 Section 4. Subsection (1) of section 562.14, Florida
94 Statutes, is amended to read:
95 562.14 Regulating the time for sale of alcoholic and
96 intoxicating beverages; prohibiting use of licensed premises.—
97 (1) Except as otherwise provided by county or municipal
98 ordinance, no alcoholic beverages may not be sold, consumed,
99 served, or permitted to be served or consumed in any place
100 holding a license under the division between the hours of
101 midnight and 7 a.m. of the following day. This section does
102 shall not apply to railroad transit stations or to railroads
103 selling only to passengers for consumption on railroad cars.
104 Section 5. Subsection (2) of section 565.02, Florida
105 Statutes, is amended to read:
106 565.02 License fees; vendors; clubs; caterers; and others.—
107 (2)(a) Any operator of railroad transit stations,
108 railroads, or sleeping cars in this state may obtain a license
109 to sell the beverages mentioned in the Beverage Law on passenger
110 trains upon the payment of an annual license tax of $2,500, the
111 tax to be paid to the division. The Such license is good
112 throughout the state and authorizes shall authorize the licensee
113 holder thereof to keep for sale and to sell all beverages
114 mentioned in the Beverage Law on upon any dining, club, parlor,
115 buffet, or observation car or within the property of a railroad
116 transit station operated by the licensee. it in this state, but
117 Such beverages may be sold only to passengers on such upon the
118 cars or within the property of the railroad transit station and
119 must be served for consumption thereon. Licenses issued pursuant
120 to s. 565.02(2)(a) for railroad transit stations may not be
121 transferred to locations beyond the premises of the railroad
122 transit station. A municipality or county may not require an
123 additional license or levy a tax for the privilege of selling
124 such beverages.
125 (b) Except for alcoholic beverages sold within the property
126 of a railroad transit station, it is unlawful for such licensees
127 to purchase or sell any liquor except in miniature bottles of
128 not more than 2 ounces. Every such license shall be good
129 throughout the state. No license shall be required, or tax
130 levied by any municipality or county, for the privilege of
131 selling such beverages for consumption in such cars. Such
132 beverages may shall be sold only on cars in which are posted
133 certified copies of the licenses issued to the such operator are
134 posted. Such Certified copies of such licenses shall be issued
135 by the division upon the payment of a tax of $10.
136 (c) A limitation of the number of licenses issued pursuant
137 to this section does not prohibit the issuance of a license
138 authorized by the Beverage Law or a special license issued
139 pursuant to s. 561.20 to operators of restaurants, shops, or
140 other facilities that are part of, or that serve, railroad
141 transit stations, and any such licenses issued are exempt from
142 s. 562.45. The alcoholic beverages sold by a licensed operator
143 may be consumed in all areas within the property of the railroad
144 transit station as defined in s. 561.01(22).
145 Section 6. This act shall take effect July 1, 2016.