Florida Senate - 2021 SB 134 By Senator Brandes 24-00024A-21 2021134__ 1 A bill to be entitled 2 An act relating to the Beverage Law; amending s. 3 561.20, F.S.; authorizing certain food service 4 establishments to sell or deliver alcoholic beverages 5 for off-premises consumption if specified requirements 6 are met; amending s. 564.09, F.S.; revising provisions 7 that authorize a restaurant to allow patrons to remove 8 partially consumed bottles of wine from a restaurant 9 for off-premises consumption; authorizing certain 10 restaurants to sell or deliver wine in specified 11 packages under certain circumstances; amending s. 12 565.045, F.S.; revising requirements for the sale of 13 alcoholic beverages by certain vendors; authorizing 14 certain vendors to deliver specified alcoholic 15 beverages and liquor under certain circumstances; 16 reenacting ss. 316.1936(9) and 564.05, F.S., relating 17 to the possession of open containers of alcoholic 18 beverages in vehicles and the limitation of size of 19 individual wine containers, respectively, to 20 incorporate the amendments made to s. 564.09, F.S., in 21 references thereto; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Paragraph (a) of subsection (2) of section 26 561.20, Florida Statutes, is amended to read: 27 561.20 Limitation upon number of licenses issued.— 28 (2)(a) The limitation of the number of licenses as provided 29 in this section does not prohibit the issuance of a special 30 license to: 31 1. Any bona fide hotel, motel, or motor court of not fewer 32 than 80 guest rooms in any county having a population of less 33 than 50,000 residents, and of not fewer than 100 guest rooms in 34 any county having a population of 50,000 residents or greater; 35 or any bona fide hotel or motel located in a historic structure, 36 as defined in s. 561.01(21), with fewer than 100 guest rooms 37 which derives at least 51 percent of its gross revenue from the 38 rental of hotel or motel rooms, which is licensed as a public 39 lodging establishment by the Division of Hotels and Restaurants; 40 provided, however, that a bona fide hotel or motel with no fewer 41 than 10 and no more than 25 guest rooms which is a historic 42 structure, as defined in s. 561.01(21), in a municipality that 43 on the effective date of this act has a population, according to 44 the University of Florida’s Bureau of Economic and Business 45 Research Estimates of Population for 1998, of no fewer than 46 25,000 and no more than 35,000 residents and that is within a 47 constitutionally chartered county may be issued a special 48 license. This special license shall allow the sale and 49 consumption of alcoholic beverages only on the licensed premises 50 of the hotel or motel. In addition, the hotel or motel must 51 derive at least 60 percent of its gross revenue from the rental 52 of hotel or motel rooms and the sale of food and nonalcoholic 53 beverages; provided that this subparagraph shall supersede local 54 laws requiring a greater number of hotel rooms; 55 2. Any condominium accommodation of which no fewer than 100 56 condominium units are wholly rentable to transients and which is 57 licensed under chapter 509, except that the license shall be 58 issued only to the person or corporation that operates the hotel 59 or motel operation and not to the association of condominium 60 owners; 61 3. Any condominium accommodation of which no fewer than 50 62 condominium units are wholly rentable to transients, which is 63 licensed under chapter 509, and which is located in any county 64 having home rule under s. 10 or s. 11, Art. VIII of the State 65 Constitution of 1885, as amended, and incorporated by reference 66 in s. 6(e), Art. VIII of the State Constitution, except that the 67 license shall be issued only to the person or corporation that 68 operates the hotel or motel operation and not to the association 69 of condominium owners; 70 4. A food service establishment that has 2,500 square feet 71 of service area, is equipped to serve meals to 150 persons at 72 one time, and derives at least 51 percent of its gross food and 73 beverage revenue from the sale of food and nonalcoholic 74 beverages during the first 60-day operating period and each 12 75 month operating period thereafter. A licensee under this 76 subparagraph may sell or deliver alcoholic beverages by the 77 package in a sealed container for off-premises consumption if 78 the sale or delivery is accompanied by the sale of food within 79 the same order. Such authorized sale or delivery includes wine 80 based and liquor-based beverages prepared by the licensee and 81 packaged in a container sealed by the licensee. Any sale or 82 delivery of malt beverages must comply with the container size, 83 labeling, and filling requirements imposed under s. 563.06. Any 84 delivery of an alcoholic beverage under this subparagraph must 85 comply with s. 561.57. A food service establishment granted a 86 special license on or after January 1, 1958, pursuant to general 87 or special law may not
operate as a package store and may not88 sell intoxicating beverages under such license after the hours 89 of serving or consumption of food have elapsed. Failure by a 90 licensee to meet the required percentage of food and 91 nonalcoholic beverage gross revenues during the covered 92 operating period shall result in revocation of the license or 93 denial of the pending license application. A licensee whose 94 license is revoked or an applicant whose pending application is 95 denied, or any person required to qualify on the special license 96 application, is ineligible to have any interest in a subsequent 97 application for such a license for a period of 120 days after 98 the date of the final denial or revocation; 99 5. Any caterer, deriving at least 51 percent of its gross 100 food and beverage revenue from the sale of food and nonalcoholic 101 beverages at each catered event, licensed by the Division of 102 Hotels and Restaurants under chapter 509. This subparagraph does 103 not apply to a culinary education program, as defined in s. 104 381.0072(2), which is licensed as a public food service 105 establishment by the Division of Hotels and Restaurants and 106 provides catering services. Notwithstanding any law to the 107 contrary, a licensee under this subparagraph shall sell or serve 108 alcoholic beverages only for consumption on the premises of a 109 catered event at which the licensee is also providing prepared 110 food, and shall prominently display its license at any catered 111 event at which the caterer is selling or serving alcoholic 112 beverages. A licensee under this subparagraph shall purchase all 113 alcoholic beverages it sells or serves at a catered event from a 114 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed 115 under s. 565.02(1) subject to the limitation imposed in 116 subsection (1), as appropriate. A licensee under this 117 subparagraph may not store any alcoholic beverages to be sold or 118 served at a catered event. Any alcoholic beverages purchased by 119 a licensee under this subparagraph for a catered event that are 120 not used at that event must remain with the customer; provided 121 that if the vendor accepts unopened alcoholic beverages, the 122 licensee may return such alcoholic beverages to the vendor for a 123 credit or reimbursement. Regardless of the county or counties in 124 which the licensee operates, a licensee under this subparagraph 125 shall pay the annual state license tax set forth in s. 126 565.02(1)(b). A licensee under this subparagraph must maintain 127 for a period of 3 years all records and receipts for each 128 catered event, including all contracts, customers’ names, event 129 locations, event dates, food purchases and sales, alcoholic 130 beverage purchases and sales, nonalcoholic beverage purchases 131 and sales, and any other records required by the department by 132 rule to demonstrate compliance with the requirements of this 133 subparagraph. Notwithstanding any law to the contrary, any 134 vendor licensed under s. 565.02(1) subject to the limitation 135 imposed in subsection (1), may, without any additional licensure 136 under this subparagraph, serve or sell alcoholic beverages for 137 consumption on the premises of a catered event at which prepared 138 food is provided by a caterer licensed under chapter 509. If a 139 licensee under this subparagraph also possesses any other 140 license under the Beverage Law, the license issued under this 141 subparagraph shall not authorize the holder to conduct 142 activities on the premises to which the other license or 143 licenses apply that would otherwise be prohibited by the terms 144 of that license or the Beverage Law. Nothing in this section 145 shall permit the licensee to conduct activities that are 146 otherwise prohibited by the Beverage Law or local law. The 147 Division of Alcoholic Beverages and Tobacco is hereby authorized 148 to adopt rules to administer the license created in this 149 subparagraph, to include rules governing licensure, 150 recordkeeping, and enforcement. The first $300,000 in fees 151 collected by the division each fiscal year pursuant to this 152 subparagraph shall be deposited in the Department of Children 153 and Families’ Operations and Maintenance Trust Fund to be used 154 only for alcohol and drug abuse education, treatment, and 155 prevention programs. The remainder of the fees collected shall 156 be deposited into the Hotel and Restaurant Trust Fund created 157 pursuant to s. 509.072; or 158 6. A culinary education program as defined in s. 159 381.0072(2) which is licensed as a public food service 160 establishment by the Division of Hotels and Restaurants. 161 a. This special license shall allow the sale and 162 consumption of alcoholic beverages on the licensed premises of 163 the culinary education program. The culinary education program 164 shall specify designated areas in the facility where the 165 alcoholic beverages may be consumed at the time of application. 166 Alcoholic beverages sold for consumption on the premises may be 167 consumed only in areas designated pursuant to s. 561.01(11) and 168 may not be removed from the designated area. Such license shall 169 be applicable only in and for designated areas used by the 170 culinary education program. 171 b. If the culinary education program provides catering 172 services, this special license shall also allow the sale and 173 consumption of alcoholic beverages on the premises of a catered 174 event at which the licensee is also providing prepared food. A 175 culinary education program that provides catering services is 176 not required to derive at least 51 percent of its gross revenue 177 from the sale of food and nonalcoholic beverages. 178 Notwithstanding any law to the contrary, a licensee that 179 provides catering services under this sub-subparagraph shall 180 prominently display its beverage license at any catered event at 181 which the caterer is selling or serving alcoholic beverages. 182 Regardless of the county or counties in which the licensee 183 operates, a licensee under this sub-subparagraph shall pay the 184 annual state license tax set forth in s. 565.02(1)(b). A 185 licensee under this sub-subparagraph must maintain for a period 186 of 3 years all records required by the department by rule to 187 demonstrate compliance with the requirements of this sub 188 subparagraph. 189 c. If a licensee under this subparagraph also possesses any 190 other license under the Beverage Law, the license issued under 191 this subparagraph does not authorize the holder to conduct 192 activities on the premises to which the other license or 193 licenses apply that would otherwise be prohibited by the terms 194 of that license or the Beverage Law. Nothing in this 195 subparagraph shall permit the licensee to conduct activities 196 that are otherwise prohibited by the Beverage Law or local law. 197 Any culinary education program that holds a license to sell 198 alcoholic beverages shall comply with the age requirements set 199 forth in ss. 562.11(4), 562.111(2), and 562.13. 200 d. The Division of Alcoholic Beverages and Tobacco may 201 adopt rules to administer the license created in this 202 subparagraph, to include rules governing licensure, 203 recordkeeping, and enforcement. 204 e. A license issued pursuant to this subparagraph does not 205 permit the licensee to sell alcoholic beverages by the package 206 for off-premises consumption. 207 208 However, any license heretofore issued to any such hotel, motel, 209 motor court, or restaurant or hereafter issued to any such 210 hotel, motel, or motor court, including a condominium 211 accommodation, under the general law shall not be moved to a new 212 location, such license being valid only on the premises of such 213 hotel, motel, motor court, or restaurant. Licenses issued to 214 hotels, motels, motor courts, or restaurants under the general 215 law and held by such hotels, motels, motor courts, or 216 restaurants on May 24, 1947, shall be counted in the quota 217 limitation contained in subsection (1). Any license issued for 218 any hotel, motel, or motor court under this law shall be issued 219 only to the owner of the hotel, motel, or motor court or, in the 220 event the hotel, motel, or motor court is leased, to the lessee 221 of the hotel, motel, or motor court; and the license shall 222 remain in the name of the owner or lessee so long as the license 223 is in existence. Any special license now in existence heretofore 224 issued under this law cannot be renewed except in the name of 225 the owner of the hotel, motel, motor court, or restaurant or, in 226 the event the hotel, motel, motor court, or restaurant is 227 leased, in the name of the lessee of the hotel, motel, motor 228 court, or restaurant in which the license is located and must 229 remain in the name of the owner or lessee so long as the license 230 is in existence. Any license issued under this section shall be 231 marked “Special,” and nothing herein provided shall limit, 232 restrict, or prevent the issuance of a special license for any 233 restaurant or motel which shall hereafter meet the requirements 234 of the law existing immediately prior to the effective date of 235 this act, if construction of such restaurant has commenced prior 236 to the effective date of this act and is completed within 30 237 days thereafter, or if an application is on file for such 238 special license at the time this act takes effect; and any such 239 licenses issued under this proviso may be annually renewed as 240 now provided by law. Nothing herein prevents an application for 241 transfer of a license to a bona fide purchaser of any hotel, 242 motel, motor court, or restaurant by the purchaser of such 243 facility or the transfer of such license pursuant to law. 244 Section 2. Section 564.09, Florida Statutes, is amended to 245 read: 246 564.09 Restaurants; off-premises consumption of wine.— 247 (1) Notwithstanding any other provision of law, a 248 restaurant licensed to sell wine on the premises may permit a 249 patron to remove one unsealed bottle of wine for consumption off 250 the premises if the patron has purchased a full coursemeal 251 consisting of a salad or vegetable, entree, a beverage, and252 breadand consumed a portion of the bottle of wine with such253 mealon the restaurant premises. A partially consumed bottle of 254 wine that is to be removed from the premises must be securely 255 resealed by the licensee or its employees before removal from 256 the premises. The partially consumed bottle of wine shall be 257 placed in a bag or other container that is secured in such a 258 manner that it is visibly apparent if the container has been 259 subsequently opened or tampered with, and a dated receipt for 260 the bottle of wine and full coursemeal shall be provided by the 261 licensee and attached to the container. If transported in a 262 motor vehicle, the container with the resealed bottle of wine 263 must be placed in a locked glove compartment, a locked trunk, or 264 the area behind the last upright seat of a motor vehicle that is 265 not equipped with a trunk. 266 (2) Notwithstanding any other provision of law, a 267 restaurant licensed to sell wine for consumption on the premises 268 may sell or deliver a manufacturer-sealed bottle of wine, or an 269 individual serving of wine or wine-based beverage prepared by 270 the licensee, for off-premises consumption if the wine is 271 delivered in a container sealed by the licensee and the sale or 272 delivery is accompanied by the purchase of a meal within the 273 same order. Any delivery made under this subsection must comply 274 with s. 561.57. 275 Section 3. Subsection (1) of section 565.045, Florida 276 Statutes, is amended to read: 277 565.045 Regulations for consumption on premises; penalty; 278 exemptions.— 279 (1) Vendors licensed under s. 565.02(1)(b)-(f): 280 (a) Shall provide seats for the use of their customers; 281 (b) . Such vendorsMay sell or deliver alcoholic beverages 282 by the drink or in manufacturer-sealed sealedcontainers for 283 consumption on or off the premises where sold; and 284 (c) May sell or deliver an individual serving of liquor or 285 a liquor-based beverage prepared by the licensee for off 286 premises consumption if the liquor or liquor-based beverage is 287 in a container sealed by the licensee. 288 289 All sales or deliveries of alcoholic beverages made under 290 paragraph (c) for off-premises consumption must be accompanied 291 by the sale of food within the same order. 292 Section 4. For the purpose of incorporating the amendment 293 made by this act to section 564.09, Florida Statutes, in a 294 reference thereto, subsection (9) of section 316.1936, Florida 295 Statutes, is reenacted to read: 296 316.1936 Possession of open containers of alcoholic 297 beverages in vehicles prohibited; penalties.— 298 (9) A bottle of wine that has been resealed and is 299 transported pursuant to s. 564.09 is not an open container under 300 the provisions of this section. 301 Section 5. For the purpose of incorporating the amendment 302 made by this act to section 564.09, Florida Statutes, in a 303 reference thereto, section 564.05, Florida Statutes, is 304 reenacted to read: 305 564.05 Limitation of size of individual wine containers; 306 penalty.—It is unlawful for a person to sell within this state 307 wine in an individual container holding more than 1 gallon of 308 such wine, unless such wine is in a reusable container holding 309 5.16 gallons. However, qualified distributors and manufacturers 310 may sell wine to other qualified distributors or manufacturers 311 in any size container. Except as provided in s. 564.09, wine 312 sold or offered for sale by a licensed vendor to be consumed off 313 the premises shall be in the unopened original container. A 314 person convicted of a violation of this section commits a 315 misdemeanor of the second degree, punishable as provided in s. 316 775.082 or s. 775.083. 317 Section 6. This act shall take effect July 1, 2021.