Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 148 Ì6905542Î690554 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Regulated Industries (Bradley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 61 - 224 4 and insert: 5 subparagraph may sell or deliver alcoholic beverages for off 6 premises consumption pursuant to s. 561.575. A food service 7 establishment granted a special license on or after January 1, 8 1958, pursuant to general or special law may not operate as a 9 package store except as provided in s. 561.575 and may not sell 10 intoxicating beverages under such license after the hours of 11 serving or consumption of food have elapsed. Failure by a 12 licensee to meet the required percentage of food and 13 nonalcoholic beverage gross revenues during the covered 14 operating period shall result in revocation of the license or 15 denial of the pending license application. A licensee whose 16 license is revoked or an applicant whose pending application is 17 denied, or any person required to qualify on the special license 18 application, is ineligible to have any interest in a subsequent 19 application for such a license for a period of 120 days after 20 the date of the final denial or revocation; 21 5. Any caterer, deriving at least 51 percent of its gross 22 food and beverage revenue from the sale of food and nonalcoholic 23 beverages at each catered event, licensed by the Division of 24 Hotels and Restaurants under chapter 509. This subparagraph does 25 not apply to a culinary education program, as defined in s. 26 381.0072(2), which is licensed as a public food service 27 establishment by the Division of Hotels and Restaurants and 28 provides catering services. Notwithstanding any law to the 29 contrary, a licensee under this subparagraph shall sell or serve 30 alcoholic beverages only for consumption on the premises of a 31 catered event at which the licensee is also providing prepared 32 food, and shall prominently display its license at any catered 33 event at which the caterer is selling or serving alcoholic 34 beverages. A licensee under this subparagraph shall purchase all 35 alcoholic beverages it sells or serves at a catered event from a 36 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed 37 under s. 565.02(1) subject to the limitation imposed in 38 subsection (1), as appropriate. A licensee under this 39 subparagraph may not store any alcoholic beverages to be sold or 40 served at a catered event. Any alcoholic beverages purchased by 41 a licensee under this subparagraph for a catered event that are 42 not used at that event must remain with the customer; provided 43 that if the vendor accepts unopened alcoholic beverages, the 44 licensee may return such alcoholic beverages to the vendor for a 45 credit or reimbursement. Regardless of the county or counties in 46 which the licensee operates, a licensee under this subparagraph 47 shall pay the annual state license tax set forth in s. 48 565.02(1)(b). A licensee under this subparagraph must maintain 49 for a period of 3 years all records and receipts for each 50 catered event, including all contracts, customers’ names, event 51 locations, event dates, food purchases and sales, alcoholic 52 beverage purchases and sales, nonalcoholic beverage purchases 53 and sales, and any other records required by the department by 54 rule to demonstrate compliance with the requirements of this 55 subparagraph. Notwithstanding any law to the contrary, any 56 vendor licensed under s. 565.02(1) subject to the limitation 57 imposed in subsection (1), may, without any additional licensure 58 under this subparagraph, serve or sell alcoholic beverages for 59 consumption on the premises of a catered event at which prepared 60 food is provided by a caterer licensed under chapter 509. If a 61 licensee under this subparagraph also possesses any other 62 license under the Beverage Law, the license issued under this 63 subparagraph shall not authorize the holder to conduct 64 activities on the premises to which the other license or 65 licenses apply that would otherwise be prohibited by the terms 66 of that license or the Beverage Law. Nothing in this section 67 shall permit the licensee to conduct activities that are 68 otherwise prohibited by the Beverage Law or local law. The 69 Division of Alcoholic Beverages and Tobacco is hereby authorized 70 to adopt rules to administer the license created in this 71 subparagraph, to include rules governing licensure, 72 recordkeeping, and enforcement. The first $300,000 in fees 73 collected by the division each fiscal year pursuant to this 74 subparagraph shall be deposited in the Department of Children 75 and Families’ Operations and Maintenance Trust Fund to be used 76 only for alcohol and drug abuse education, treatment, and 77 prevention programs. The remainder of the fees collected shall 78 be deposited into the Hotel and Restaurant Trust Fund created 79 pursuant to s. 509.072; or 80 6. A culinary education program as defined in s. 81 381.0072(2) which is licensed as a public food service 82 establishment by the Division of Hotels and Restaurants. 83 a. This special license shall allow the sale and 84 consumption of alcoholic beverages on the licensed premises of 85 the culinary education program. The culinary education program 86 shall specify designated areas in the facility where the 87 alcoholic beverages may be consumed at the time of application. 88 Alcoholic beverages sold for consumption on the premises may be 89 consumed only in areas designated pursuant to s. 561.01(11) and 90 may not be removed from the designated area. Such license shall 91 be applicable only in and for designated areas used by the 92 culinary education program. 93 b. If the culinary education program provides catering 94 services, this special license shall also allow the sale and 95 consumption of alcoholic beverages on the premises of a catered 96 event at which the licensee is also providing prepared food. A 97 culinary education program that provides catering services is 98 not required to derive at least 51 percent of its gross revenue 99 from the sale of food and nonalcoholic beverages. 100 Notwithstanding any law to the contrary, a licensee that 101 provides catering services under this sub-subparagraph shall 102 prominently display its beverage license at any catered event at 103 which the caterer is selling or serving alcoholic beverages. 104 Regardless of the county or counties in which the licensee 105 operates, a licensee under this sub-subparagraph shall pay the 106 annual state license tax set forth in s. 565.02(1)(b). A 107 licensee under this sub-subparagraph must maintain for a period 108 of 3 years all records required by the department by rule to 109 demonstrate compliance with the requirements of this sub 110 subparagraph. 111 c. If a licensee under this subparagraph also possesses any 112 other license under the Beverage Law, the license issued under 113 this subparagraph does not authorize the holder to conduct 114 activities on the premises to which the other license or 115 licenses apply that would otherwise be prohibited by the terms 116 of that license or the Beverage Law. Nothing in this 117 subparagraph shall permit the licensee to conduct activities 118 that are otherwise prohibited by the Beverage Law or local law. 119 Any culinary education program that holds a license to sell 120 alcoholic beverages shall comply with the age requirements set 121 forth in ss. 562.11(4), 562.111(2), and 562.13. 122 d. The Division of Alcoholic Beverages and Tobacco may 123 adopt rules to administer the license created in this 124 subparagraph, to include rules governing licensure, 125 recordkeeping, and enforcement. 126 e. A license issued pursuant to this subparagraph does not 127 permit the licensee to sell alcoholic beverages by the package 128 for off-premises consumption. 129 130 However, any license heretofore issued to any such hotel, motel, 131 motor court, or restaurant or hereafter issued to any such 132 hotel, motel, or motor court, including a condominium 133 accommodation, under the general law shall not be moved to a new 134 location, such license being valid only on the premises of such 135 hotel, motel, motor court, or restaurant. Licenses issued to 136 hotels, motels, motor courts, or restaurants under the general 137 law and held by such hotels, motels, motor courts, or 138 restaurants on May 24, 1947, shall be counted in the quota 139 limitation contained in subsection (1). Any license issued for 140 any hotel, motel, or motor court under this law shall be issued 141 only to the owner of the hotel, motel, or motor court or, in the 142 event the hotel, motel, or motor court is leased, to the lessee 143 of the hotel, motel, or motor court; and the license shall 144 remain in the name of the owner or lessee so long as the license 145 is in existence. Any special license now in existence heretofore 146 issued under this law cannot be renewed except in the name of 147 the owner of the hotel, motel, motor court, or restaurant or, in 148 the event the hotel, motel, motor court, or restaurant is 149 leased, in the name of the lessee of the hotel, motel, motor 150 court, or restaurant in which the license is located and must 151 remain in the name of the owner or lessee so long as the license 152 is in existence. Any license issued under this section shall be 153 marked “Special,” and nothing herein provided shall limit, 154 restrict, or prevent the issuance of a special license for any 155 restaurant or motel which shall hereafter meet the requirements 156 of the law existing immediately prior to the effective date of 157 this act, if construction of such restaurant has commenced prior 158 to the effective date of this act and is completed within 30 159 days thereafter, or if an application is on file for such 160 special license at the time this act takes effect; and any such 161 licenses issued under this proviso may be annually renewed as 162 now provided by law. Nothing herein prevents an application for 163 transfer of a license to a bona fide purchaser of any hotel, 164 motel, motor court, or restaurant by the purchaser of such 165 facility or the transfer of such license pursuant to law. 166 Section 2. Section 561.575, Florida Statutes, is created to 167 read: 168 561.575 Food service establishments; off-premises 169 consumption of alcoholic beverages.— 170 (1) Notwithstanding any other law, a public food service 171 establishment licensed under s. 561.20(2)(a)4. may sell 172 manufacturer-sealed containers of wine, containers of malt 173 beverages, or any alcoholic beverage drink prepared by the 174 vendor, including any wine-based and liquor-based drinks, sold 175 in containers sealed by the licensee or its employees for 176 consumption off of the licensed premises if accompanied by the 177 sale of food within the same order. The container for any 178 alcoholic beverage sold or delivered for consumption off the 179 premises pursuant to this section may not exceed 32 ounces. An 180 alcoholic beverage drink prepared by the vendor and sold or 181 delivered for consumption off the premises must be securely 182 sealed by the licensee or its employees with an unbroken seal 183 that prevents the beverage from being immediately consumed 184 before removal from the premises. Such alcoholic beverage also 185 must be placed in a bag or other container that is secured in 186 such a manner that it is visibly apparent if the container has 187 been subsequently opened or tampered with, and a dated receipt 188 for the alcoholic beverage and meal must be provided by the 189 licensee and attached to the sealed container. If transported in 190 a motor vehicle, an alcoholic beverage that is not in a 191 container sealed by the manufacturer must be placed in a locked 192 glove compartment, a locked trunk, or the area behind the last 193 upright seat of a motor vehicle that is not equipped with a 194 trunk. 195 (2) Any sale or delivery of a malt beverage under this 196 section must comply with the container size, labeling, and 197 filling requirements under s. 563.06, except that such container 198 may not exceed 32 ounces. 199 (3) Any delivery of an alcoholic beverage under this 200 section must comply with s. 561.57. 201 (4) This section may not be construed to authorize public 202 food service establishments licensed under s. 561.20(2)(a)4. to 203 sell as package manufacturer-sealed containers of distilled 204 spirits. 205 Section 3. Subsection (9) of section 316.1936, Florida 206 Statutes, is amended to read: 207 316.1936 Possession of open containers of alcoholic 208 beverages in vehicles prohibited; penalties.— 209 (9) A bottle of wine that has been resealed and is 210 transported pursuant to s. 564.09 or an alcoholic beverage that 211 has been sealed by a licensee or the employee of a licensee and 212 is transported pursuant to s. 561.575 is not an open container 213 under
the provisions ofthis section. 214 215 ================= T I T L E A M E N D M E N T ================ 216 And the title is amended as follows: 217 Delete lines 4 - 6 218 and insert: 219 establishments to sell or deliver certain alcoholic 220 beverages for off-premises consumption under certain 221 circumstances; creating s. 561.575, F.S.; providing 222 requirements for such establishments to sell alcoholic 223 beverages for off-premises consumption; requiring that 224 such alcoholic beverages be transported in a specified 225 manner; providing construction; amending s. 316.1936, 226 F.S.; specifying that certain alcoholic beverages sold 227 by such establishments are not open containers for the 228 purposes of the prohibition on possessing open 229 containers of alcoholic beverages in vehicles; 230 providing an effective date.