ENROLLED
       2017 Legislature                            CS for CS for SB 106
       
       
       
       
       
       
                                                              2017106er
    1  
    2         An act relating to vendors licensed under the Beverage
    3         Law; amending s. 562.13, F.S.; revising applicability
    4         to specify circumstances under which persons under the
    5         age of 18 years who are employed in specified
    6         businesses are excluded from certain employment
    7         prohibitions; providing that failure to comply with a
    8         restriction on monthly revenue from the sale of
    9         alcoholic beverages is unlawful if a minor is employed
   10         during a month that the restriction is exceeded;
   11         amending s. 565.04, F.S.; limiting the package store
   12         restrictions to vendors located within a certain
   13         distance of a school; providing an exception for
   14         current licenses with some restrictions; providing
   15         applicability; providing an expiration date; providing
   16         a restriction on the sale of distilled spirits below
   17         the specified container sizes; prohibiting the
   18         issuance of a package store license for specified
   19         locations or businesses; providing an exception;
   20         providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (c) of subsection (2) of section
   25  562.13, Florida Statutes, is amended to read:
   26         562.13 Employment of minors or certain other persons by
   27  certain vendors prohibited; exceptions.—
   28         (2) This section shall not apply to:
   29         (c) Persons under the age of 18 years who are employed in a
   30  retail drugstore drugstores, grocery store stores, department
   31  store stores, florist shop florists, specialty gift shop shops,
   32  or automobile service station whose license fees are specified
   33  in s. 563.02(1), s. 564.02(1), or s. 565.02(1)(a), if such
   34  vendor derives 30 percent or less of its monthly gross revenue
   35  from sales of alcoholic beverages. This exception applies only
   36  if the minor employees are supervised by a person 18 years of
   37  age or older who verifies that any purchaser of alcoholic
   38  beverages is 21 years of age or older and who approves the sale
   39  of alcoholic beverages to such purchaser. Failure to comply with
   40  the restriction on monthly revenue from the sale of alcoholic
   41  beverages is unlawful if a person under the age of 18 years is
   42  employed in the licensed premises during a month that the
   43  restriction is exceeded stations which have obtained licenses to
   44  sell beer or beer and wine, when such sales are made for
   45  consumption off the premises.
   46  
   47  However, a minor to whom this subsection otherwise applies may
   48  not be employed if the employment, whether as a professional
   49  entertainer or otherwise, involves nudity, as defined in s.
   50  847.001, on the part of the minor and such nudity is intended as
   51  a form of adult entertainment.
   52         Section 2.  Subsection (1) of section 565.04, Florida
   53  Statutes, is amended, present subsection (2) of that section is
   54  redesignated as subsection (5), and a new subsection (2) and
   55  subsections (3) and (4) are added to that section, to read:
   56         565.04 Package store restrictions.—
   57         (1)(a) The division may not issue a license under s.
   58  565.02(1)(a) for any location or business located within 1,000
   59  feet of a public or private elementary school, middle school, or
   60  secondary school.
   61         (b) Notwithstanding paragraph (a), a vendor vendors
   62  licensed under s. 565.02(1)(a) on or before June 30, 2017, for a
   63  licensed premises located within 1,000 feet of a public or
   64  private elementary school, middle school, or secondary school,
   65  may maintain and renew the beverage license for that premises
   66  but may shall not in said place of business sell, offer, or
   67  expose for sale any merchandise other than such beverages, and
   68  such place places of business shall be devoted exclusively to
   69  such sales; provided, however, that such vendor vendors shall be
   70  permitted to sell bitters, grenadine, nonalcoholic mixer-type
   71  beverages (not to include fruit juices produced outside this
   72  state), fruit juices produced in this state, home bar, and party
   73  supplies and equipment (including but not limited to glassware
   74  and party-type foods), miniatures of no alcoholic content, and
   75  tobacco products. Such places of business shall have no openings
   76  permitting direct access to any other building or room, except
   77  to a private office or storage room of the place of business
   78  from which patrons are excluded.
   79         (2)(a) A vendor licensed under s. 565.02(1)(a) may not in
   80  such place of business sell, offer, or expose for sale any
   81  merchandise other than such beverages, and such place of
   82  business shall be devoted exclusively to such sales; however,
   83  such vendor may sell bitters, grenadine, nonalcoholic mixer-type
   84  beverages (not to include fruit juices produced outside this
   85  state), fruit juices produced in this state, home bar, party
   86  supplies and equipment (including, but not limited to, glassware
   87  and party-type foods), miniatures of no alcoholic content, and
   88  tobacco products. Such place of business may not have openings
   89  permitting direct access to any other building or room, except
   90  to a private office or storage room of the place of business
   91  from which patrons are excluded.
   92         (b) Paragraph (a) does not apply to a vendor:
   93         1.After July 1, 2018:
   94         a. At the vendor’s place of business if the vendor has only
   95  one place of business.
   96         b.At 25 percent of the vendor’s places of business if the
   97  vendor has an interest, directly or indirectly, in more than one
   98  place of business;
   99         2. After July 1, 2019, at two of the vendor’s places of
  100  business, or, if the vendor has an interest, directly or
  101  indirectly, in two or more places of business, 50 percent of the
  102  vendor’s places of business; and
  103         3.After July 1, 2020, at three of the vendor’s places of
  104  business, or, if the vendor has an interest in three or more
  105  places of business, 75 percent of the vendor’s places of
  106  business.
  107  
  108  If the percentage of the vendor’s places of business results in
  109  a fraction of 0.50 or more, the number of the vendor’s places of
  110  business at which paragraph (a) does not apply shall be
  111  increased to the next greater whole number. A vendor licensed
  112  under s. 565.02(1)(a) must notify the Division of Alcoholic
  113  Beverages and Tobacco, in writing, of the places of business to
  114  which paragraph (a) will not apply.
  115         (c)This subsection expires June 30, 2021.
  116         (3)(a) A vendor licensed under s. 565.02(1)(a) may not in
  117  such place of business sell, offer, or expose for sale distilled
  118  spirits in containers of 200 milliliters or less or 6.8 ounces
  119  or less except from a restricted area where access is restricted
  120  to the vendor or employees of such vendor.
  121         (b) Paragraph (a) does not apply to a vendor’s place of
  122  business if such place of business is devoted exclusively to the
  123  sale of alcoholic beverages; however, such vendor at such place
  124  of business may sell bitters, grenadine, nonalcoholic mixer-type
  125  beverages (not to include fruit juices produced outside this
  126  state), fruit juices produced in this state, home bar, party
  127  supplies and equipment (including, but not limited to, glassware
  128  and party-type foods), miniatures of no alcoholic content, and
  129  tobacco products. Such place of business may not have openings
  130  permitting direct access to any other building or room, except
  131  to a private office or storage room of the place of business
  132  from which patrons are excluded.
  133         (4)The division may not issue a license under s.
  134  565.02(1)(a) for any location or business that includes a
  135  gasoline service station or a motor fuel retail outlet, as
  136  defined in s. 526.303(14), unless the location of the premises
  137  consists of a minimum of 10,000 square feet of retail space for
  138  the general public.
  139         Section 3. This act shall take effect July 1, 2017.