Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS/SB 148, 1st Eng.
       
       
       
       
       
       
                                Ì666848]Î666848                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/RM         .            Floor: C            
             04/28/2021 11:06 AM       .      04/28/2021 08:43 PM       
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       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 shall not 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 in This section
   97  does not shall permit 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 to s.
  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 in This
  147  subparagraph does not shall permit 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 shall not 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 to the effective
  187  date of this act, if construction of such restaurant has
  188  commenced before prior to the 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 course meal
  204  consisting of a salad or vegetable, entree, a beverage, and
  205  bread and consumed a portion of the bottle of wine with such
  206  meal on 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 course meal 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 vendors May 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) A
  278  bottle of wine that has been resealed and is transported
  279  pursuant to s. 564.09 is not an open container under the
  280  provisions of this 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.