Florida Senate - 2021 SENATOR AMENDMENT Bill No. CS/SB 148, 1st Eng. Ì666848]Î666848 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/RM . Floor: C 04/28/2021 11:06 AM . 04/28/2021 08:43 PM ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bradley moved the following: 1 Senate Amendment to House Amendment (853337) (with title 2 amendment) 3 4 Delete lines 7 - 272 5 and insert: 6 is accompanied by the sale of food within the same order. Such 7 authorized sale or delivery includes wine-based and liquor-based 8 beverages prepared by the licensee or its employee and packaged 9 in a container sealed by the licensee or its employee. This 10 subparagraph may not be construed to authorize public food 11 service establishments licensed under this subparagraph to sell 12 a bottle of distilled spirits sealed by a manufacturer. Any sale 13 or delivery of malt beverages must comply with the container 14 size, labeling, and filling requirements imposed under s. 15 563.06. Any delivery of an alcoholic beverage under this 16 subparagraph must comply with s. 561.57. An alcoholic beverage 17 drink prepared by the vendor and sold or delivered for 18 consumption off the premises must be placed in a container 19 securely sealed by the licensee or its employees with an 20 unbroken seal that prevents the beverage from being immediately 21 consumed before removal from the premises. Such alcoholic 22 beverage also must be placed in a bag or other container that is 23 secured in such a manner that it is visibly apparent if the 24 container has been subsequently opened or tampered with, and a 25 dated receipt for the alcoholic beverage and food must be 26 provided by the licensee and attached to the bag or container. 27 If transported in a motor vehicle, an alcoholic beverage that is 28 not in a container sealed by the manufacturer must be placed in 29 a locked compartment, a locked trunk, or the area behind the 30 last upright seat of a motor vehicle. It is a violation of the 31 prohibition in s. 562.11 to allow any person under the age of 21 32 to deliver alcoholic beverages on behalf of a vendor. The vendor 33 or the agent or employee of the vendor must verify the age of 34 the person making the delivery of the alcoholic beverage before 35 allowing any person to take possession of an alcoholic beverage 36 for the purpose of making a delivery on behalf of a vendor under 37 this section. A food service establishment granted a special 38 license on or after January 1, 1958, pursuant to general or 39 special law may not operate as a package store and may not sell 40 intoxicating beverages under such license after the hours of 41 serving or consumption of food have elapsed. Failure by a 42 licensee to meet the required percentage of food and 43 nonalcoholic beverage gross revenues during the covered 44 operating period shall result in revocation of the license or 45 denial of the pending license application. A licensee whose 46 license is revoked or an applicant whose pending application is 47 denied, or any person required to qualify on the special license 48 application, is ineligible to have any interest in a subsequent 49 application for such a license for a period of 120 days after 50 the date of the final denial or revocation; 51 5. Any caterer, deriving at least 51 percent of its gross 52 food and beverage revenue from the sale of food and nonalcoholic 53 beverages at each catered event, licensed by the Division of 54 Hotels and Restaurants under chapter 509. This subparagraph does 55 not apply to a culinary education program, as defined in s. 56 381.0072(2), which is licensed as a public food service 57 establishment by the Division of Hotels and Restaurants and 58 provides catering services. Notwithstanding any law to the 59 contrary, a licensee under this subparagraph shall sell or serve 60 alcoholic beverages only for consumption on the premises of a 61 catered event at which the licensee is also providing prepared 62 food, and shall prominently display its license at any catered 63 event at which the caterer is selling or serving alcoholic 64 beverages. A licensee under this subparagraph shall purchase all 65 alcoholic beverages it sells or serves at a catered event from a 66 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed 67 under s. 565.02(1) subject to the limitation imposed in 68 subsection (1), as appropriate. A licensee under this 69 subparagraph may not store any alcoholic beverages to be sold or 70 served at a catered event. Any alcoholic beverages purchased by 71 a licensee under this subparagraph for a catered event that are 72 not used at that event must remain with the customer; provided 73 that if the vendor accepts unopened alcoholic beverages, the 74 licensee may return such alcoholic beverages to the vendor for a 75 credit or reimbursement. Regardless of the county or counties in 76 which the licensee operates, a licensee under this subparagraph 77 shall pay the annual state license tax set forth in s. 78 565.02(1)(b). A licensee under this subparagraph must maintain 79 for a period of 3 years all records and receipts for each 80 catered event, including all contracts, customers’ names, event 81 locations, event dates, food purchases and sales, alcoholic 82 beverage purchases and sales, nonalcoholic beverage purchases 83 and sales, and any other records required by the department by 84 rule to demonstrate compliance with the requirements of this 85 subparagraph. Notwithstanding any law to the contrary, any 86 vendor licensed under s. 565.02(1) subject to the limitation 87 imposed in subsection (1), may, without any additional licensure 88 under this subparagraph, serve or sell alcoholic beverages for 89 consumption on the premises of a catered event at which prepared 90 food is provided by a caterer licensed under chapter 509. If a 91 licensee under this subparagraph also possesses any other 92 license under the Beverage Law, the license issued under this 93 subparagraph may
shallnot authorize the holder to conduct 94 activities on the premises to which the other license or 95 licenses apply that would otherwise be prohibited by the terms 96 of that license or the Beverage Law. Nothing inThis section 97 does not shallpermit the licensee to conduct activities that 98 are otherwise prohibited by the Beverage Law or local law. The 99 Division of Alcoholic Beverages and Tobacco is hereby authorized 100 to adopt rules to administer the license created in this 101 subparagraph, to include rules governing licensure, 102 recordkeeping, and enforcement. The first $300,000 in fees 103 collected by the division each fiscal year pursuant to this 104 subparagraph shall be deposited in the Department of Children 105 and Families’ Operations and Maintenance Trust Fund to be used 106 only for alcohol and drug abuse education, treatment, and 107 prevention programs. The remainder of the fees collected shall 108 be deposited into the Hotel and Restaurant Trust Fund created 109 pursuant to s. 509.072; or 110 6. A culinary education program as defined in s. 111 381.0072(2) which is licensed as a public food service 112 establishment by the Division of Hotels and Restaurants. 113 a. This special license shall allow the sale and 114 consumption of alcoholic beverages on the licensed premises of 115 the culinary education program. The culinary education program 116 shall specify designated areas in the facility where the 117 alcoholic beverages may be consumed at the time of application. 118 Alcoholic beverages sold for consumption on the premises may be 119 consumed only in areas designated under pursuant tos. 120 561.01(11) and may not be removed from the designated area. Such 121 license shall be applicable only in and for designated areas 122 used by the culinary education program. 123 b. If the culinary education program provides catering 124 services, this special license shall also allow the sale and 125 consumption of alcoholic beverages on the premises of a catered 126 event at which the licensee is also providing prepared food. A 127 culinary education program that provides catering services is 128 not required to derive at least 51 percent of its gross revenue 129 from the sale of food and nonalcoholic beverages. 130 Notwithstanding any law to the contrary, a licensee that 131 provides catering services under this sub-subparagraph shall 132 prominently display its beverage license at any catered event at 133 which the caterer is selling or serving alcoholic beverages. 134 Regardless of the county or counties in which the licensee 135 operates, a licensee under this sub-subparagraph shall pay the 136 annual state license tax set forth in s. 565.02(1)(b). A 137 licensee under this sub-subparagraph must maintain for a period 138 of 3 years all records required by the department by rule to 139 demonstrate compliance with the requirements of this sub 140 subparagraph. 141 c. If a licensee under this subparagraph also possesses any 142 other license under the Beverage Law, the license issued under 143 this subparagraph does not authorize the holder to conduct 144 activities on the premises to which the other license or 145 licenses apply that would otherwise be prohibited by the terms 146 of that license or the Beverage Law. Nothing inThis 147 subparagraph does not shallpermit the licensee to conduct 148 activities that are otherwise prohibited by the Beverage Law or 149 local law. Any culinary education program that holds a license 150 to sell alcoholic beverages shall comply with the age 151 requirements set forth in ss. 562.11(4), 562.111(2), and 562.13. 152 d. The Division of Alcoholic Beverages and Tobacco may 153 adopt rules to administer the license created in this 154 subparagraph, to include rules governing licensure, 155 recordkeeping, and enforcement. 156 e. A license issued pursuant to this subparagraph does not 157 permit the licensee to sell alcoholic beverages by the package 158 for off-premises consumption. 159 160 However, any license heretofore issued to any such hotel, motel, 161 motor court, or restaurant or hereafter issued to any such 162 hotel, motel, or motor court, including a condominium 163 accommodation, under the general law may shallnot be moved to a 164 new location, such license being valid only on the premises of 165 such hotel, motel, motor court, or restaurant. Licenses issued 166 to hotels, motels, motor courts, or restaurants under the 167 general law and held by such hotels, motels, motor courts, or 168 restaurants on May 24, 1947, shall be counted in the quota 169 limitation contained in subsection (1). Any license issued for 170 any hotel, motel, or motor court under this law shall be issued 171 only to the owner of the hotel, motel, or motor court or, in the 172 event the hotel, motel, or motor court is leased, to the lessee 173 of the hotel, motel, or motor court; and the license shall 174 remain in the name of the owner or lessee so long as the license 175 is in existence. Any special license now in existence heretofore 176 issued under this law cannot be renewed except in the name of 177 the owner of the hotel, motel, motor court, or restaurant or, in 178 the event the hotel, motel, motor court, or restaurant is 179 leased, in the name of the lessee of the hotel, motel, motor 180 court, or restaurant in which the license is located and must 181 remain in the name of the owner or lessee so long as the license 182 is in existence. Any license issued under this section shall be 183 marked “Special,” and nothing herein provided shall limit, 184 restrict, or prevent the issuance of a special license for any 185 restaurant or motel which shall hereafter meet the requirements 186 of the law existing immediately before prior tothe effective 187 date of this act, if construction of such restaurant has 188 commenced before prior tothe effective date of this act and is 189 completed within 30 days thereafter, or if an application is on 190 file for such special license at the time this act takes effect; 191 and any such licenses issued under this proviso may be annually 192 renewed as now provided by law. Nothing herein prevents an 193 application for transfer of a license to a bona fide purchaser 194 of any hotel, motel, motor court, or restaurant by the purchaser 195 of such facility or the transfer of such license pursuant to 196 law. 197 Section 2. Section 564.09, Florida Statutes, is amended to 198 read: 199 564.09 Restaurants; off-premises consumption of wine. 200 Notwithstanding any other provision of law, a restaurant 201 licensed to sell wine on the premises may permit a patron to 202 remove one unsealed bottle of wine for consumption off the 203 premises if the patron has purchased a full coursemeal 204 consisting of a salad or vegetable, entree, a beverage, and205 breadand consumed a portion of the bottle of wine with such206 mealon the restaurant premises. A partially consumed bottle of 207 wine that is to be removed from the premises must be securely 208 resealed by the licensee or its employees before removal from 209 the premises. The partially consumed bottle of wine shall be 210 placed in a bag or other container that is secured in such a 211 manner that it is visibly apparent if the container has been 212 subsequently opened or tampered with, and a dated receipt for 213 the bottle of wine and full coursemeal shall be provided by the 214 licensee and attached to the container. If transported in a 215 motor vehicle, the container with the resealed bottle of wine 216 must be placed in a locked glove compartment, a locked trunk, or 217 the area behind the last upright seat of a motor vehicle that is 218 not equipped with a trunk. 219 Section 3. Subsection (1) of section 565.045, Florida 220 Statutes, is amended to read: 221 565.045 Regulations for consumption on premises; penalty; 222 exemptions.— 223 (1) Vendors licensed under s. 565.02(1)(b)-(f): 224 (a) Shall provide seats for the use of their customers; 225 (b) . Such vendorsMay sell or deliver alcoholic beverages 226 by the drink or in sealed containers for consumption on or off 227 the premises where sold; and 228 (c) May sell or deliver alcoholic beverages prepared by the 229 licensee for off-premises consumption if the alcoholic beverage 230 is in a container sealed by the licensee. All sales or 231 deliveries of alcoholic beverages made pursuant to this 232 paragraph must satisfy the following requirements: 233 1. The vendor must be licensed as a public food service 234 establishment under chapter 509; 235 2. The sale or delivery must be accompanied by the sale of 236 food within the same order; 237 3. The charge for the sale of food and nonalcoholic 238 beverages must be at least 40 percent of the total charge for 239 the order, excluding the charge for any manufacturer-sealed 240 containers of alcoholic beverages included in the order; and 241 4. Sales and deliveries of the alcoholic beverages may not 242 occur after the vendor ceases preparing food on the licensed 243 premises for the day or after midnight, whichever is earlier. 244 245 The requirement in subparagraph 3. does not apply to vendors 246 licensed under s. 561.20(2)(a)4. 247 (d) An alcoholic beverage drink prepared by the vendor and 248 sold or delivered for consumption off the premises under 249 paragraph (c) must be placed in a container securely sealed by 250 the licensee or its employees with an unbroken seal that 251 prevents the beverage from being immediately consumed before 252 removal from the premises. Such alcoholic beverage also must be 253 placed in a bag or other container that is secured in such a 254 manner that it is visibly apparent if the container has been 255 subsequently opened or tampered with, and a dated receipt for 256 the alcoholic beverage and food must be provided by the licensee 257 and attached to the bag or container. If transported in a motor 258 vehicle, an alcoholic beverage that is not in a container sealed 259 by the manufacturer must be placed in a locked compartment, a 260 locked trunk, or the area behind the last upright seat of a 261 motor vehicle. 262 (e) Any delivery of an alcoholic beverage under this 263 section must comply with s. 561.57. It is a violation of the 264 prohibition in s. 562.11 to allow any person under the age of 21 265 to deliver alcoholic beverages on behalf of a vendor. The vendor 266 or the agent or employee of the vendor must verify the age of 267 the person making the delivery of the alcoholic beverage before 268 allowing any person to take possession of an alcoholic beverage 269 for the purpose of making a delivery on behalf of a vendor under 270 this section. 271 Section 4. Subsection (9) of section 316.1936, Florida 272 Statutes, is amended to read: 273 316.1936 Possession of open containers of alcoholic 274 beverages in vehicles prohibited; penalties.— 275 (9) An alcoholic beverage that has been sealed by a 276 licensee or the employee of a licensee and is transported 277 pursuant to s. 564.09, s. 561.20(2)(a)4., or s. 565.045(1) A278 bottle of wine that has been resealed and is transported279 pursuant to s. 564.09is not an open container under the280 provisions ofthis section. 281 282 ================= T I T L E A M E N D M E N T ================ 283 And the title is amended as follows: 284 Delete lines 277 - 298 285 and insert: 286 circumstances; providing requirements for such 287 deliveries; requiring a vendor or the agent or 288 employee of the vendor to verify the age of the person 289 making the delivery; amending s. 564.09, F.S.; 290 revising provisions that authorize a restaurant to 291 allow patrons to remove partially consumed bottles of 292 wine from a restaurant for off-premises consumption; 293 amending s. 565.045, F.S.; revising requirements for 294 the sale of alcoholic beverages by certain vendors; 295 authorizing certain vendors to deliver specified 296 alcoholic beverages under certain circumstances; 297 providing requirements for such deliveries; 298 prohibiting any person under the age of 21 from 299 delivering alcoholic beverages on behalf of a vendor; 300 requiring a vendor or the agent or employee of the 301 vendor to verify the age of the person making the 302 delivery; amending s. 316.1936, F.S.; specifying that 303 certain alcoholic beverages are not open containers 304 for the purposes of the prohibition on possessing open 305 containers of alcoholic beverages in vehicles; 306 providing an effective date.