Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 148
       
       
       
       
       
       
                                Ì6905542Î690554                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/16/2021           .                                
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       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 of this 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.