Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. CS for SB 106
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LEGISLATIVE ACTION
Senate . House
Comm: UNFAV .
02/09/2017 .
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The Committee on Rules (Latvala) recommended the following:
1 Senate Substitute for Amendment (239246) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Section 565.04, Florida Statutes, is amended to
7 read:
8 565.04 Package store restrictions.—
9 (1)(a) A vendor Vendors licensed under s. 565.02(1)(a) may
10 shall not in such said place of business sell, offer, or expose
11 for sale any merchandise other than such beverages, and such
12 places of business shall be devoted exclusively to such sales;
13 provided, however, that such vendor may vendors shall be
14 permitted to sell bitters, grenadine, nonalcoholic mixer-type
15 beverages (not to include fruit juices produced outside this
16 state), fruit juices produced in this state, home bar, and party
17 supplies and equipment (including, but not limited to, glassware
18 and party-type foods), miniatures of no alcoholic content, and
19 tobacco products. Such place places of business may not shall
20 have no openings permitting direct access to any other building
21 or room, except to a private office or storage room of the place
22 of business from which patrons are excluded.
23 (b) Paragraph (a) does not apply to any of the following
24 places of business of a vendor licensed under s. 565.02(1)(a) if
25 such places of business are located in a municipality or county
26 in which an exception to paragraph (a) has been authorized by a
27 municipal or county ordinance:
28 1. At the vendor’s place of business if the vendor has only
29 one place of business.
30 2. At 25 percent of the vendor’s places of business if the
31 vendor has an interest, directly or indirectly, in more than one
32 place of business.
33 3. After July 1, 2023, at two of the vendor’s places of
34 business, or, if the vendor has an interest, directly or
35 indirectly, in two or more places of business, at 50 percent of
36 the vendor’s places of business.
37 4. After July 1, 2024, at three of the vendor’s places of
38 business, or, if the vendor has an interest in three or more
39 places of business, at 75 percent of the vendor’s places of
40 business.
41
42 If the percentage of the vendor’s places of business results in
43 a fraction of 0.50 or more, the number of the vendor’s places of
44 business at which paragraph (a) does not apply shall be
45 increased to the next greater whole number. A vendor licensed
46 under s. 565.02(1)(a) must notify the Division of Alcoholic
47 Beverages and Tobacco, in writing, of the places of business to
48 which paragraph (a) does not apply.
49 (c) This subsection expires June 30, 2025.
50 (2)(a) A vendor licensed under s. 565.02(1)(a) may not in
51 such place of business sell, offer, or expose for sale any
52 distilled spirit in a container of less than 750 milliliters or
53 less than 25.36 ounces except from an area to which access is
54 restricted to the vendor or employees of such vendor.
55 (b) Paragraph (a) does not apply to a vendor’s place of
56 business if such place of business is:
57 1. Located in a municipality or county in which an
58 exception to paragraph (a) has been authorized by a municipal or
59 county ordinance; and
60 2. Devoted exclusively to the sales of alcoholic beverages.
61 However, such vendor may also sell at such place of business
62 bitters, grenadine, nonalcoholic mixer-type beverages (not to
63 include fruit juices produced outside this state), fruit juices
64 produced in this state, home bar, and party supplies and
65 equipment (including, but not limited to, glassware and party
66 type foods), miniatures of no alcoholic content, and tobacco
67 products. Such place of business may not have openings
68 permitting direct access to any other building or room, except
69 to a private office or storage room of the place of business
70 from which patrons are excluded.
71 (3)(2) Notwithstanding any other law, when delivering
72 alcoholic beverages to a vendor licensed under s. 565.02(1)(a),
73 a licensed distributor may transport the beverages through
74 another premises owned in whole or in part by the vendor.
75 Section 2. This act shall take effect July 1, 2025.
76
77 ================= T I T L E A M E N D M E N T ================
78 And the title is amended as follows:
79 Delete everything before the enacting clause
80 and insert:
81 A bill to be entitled
82 An act relating to vendors licensed under the Beverage
83 Law; amending s. 565.04, F.S.; revising applicability
84 of package store restrictions; providing an expiration
85 date; providing a restriction on the sale of distilled
86 spirits below the specified container sizes;
87 authorizing exceptions to certain package store
88 restrictions if a municipality or county passes an
89 ordinance; providing an effective date.