Florida Senate - 2021                                     SB 148
       
       
        
       By Senator Bradley
       
       
       
       
       
       5-00453-21                                             2021148__
    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; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (a) of subsection (2) of section
   11  561.20, Florida Statutes, is amended to read:
   12         561.20 Limitation upon number of licenses issued.—
   13         (2)(a) The limitation of the number of licenses as provided
   14  in this section does not prohibit the issuance of a special
   15  license to:
   16         1. Any bona fide hotel, motel, or motor court of not fewer
   17  than 80 guest rooms in any county having a population of less
   18  than 50,000 residents, and of not fewer than 100 guest rooms in
   19  any county having a population of 50,000 residents or greater;
   20  or any bona fide hotel or motel located in a historic structure,
   21  as defined in s. 561.01(21), with fewer than 100 guest rooms
   22  which derives at least 51 percent of its gross revenue from the
   23  rental of hotel or motel rooms, which is licensed as a public
   24  lodging establishment by the Division of Hotels and Restaurants;
   25  provided, however, that a bona fide hotel or motel with no fewer
   26  than 10 and no more than 25 guest rooms which is a historic
   27  structure, as defined in s. 561.01(21), in a municipality that
   28  on the effective date of this act has a population, according to
   29  the University of Florida’s Bureau of Economic and Business
   30  Research Estimates of Population for 1998, of no fewer than
   31  25,000 and no more than 35,000 residents and that is within a
   32  constitutionally chartered county may be issued a special
   33  license. This special license shall allow the sale and
   34  consumption of alcoholic beverages only on the licensed premises
   35  of the hotel or motel. In addition, the hotel or motel must
   36  derive at least 60 percent of its gross revenue from the rental
   37  of hotel or motel rooms and the sale of food and nonalcoholic
   38  beverages; provided that this subparagraph shall supersede local
   39  laws requiring a greater number of hotel rooms;
   40         2. Any condominium accommodation of which no fewer than 100
   41  condominium units are wholly rentable to transients and which is
   42  licensed under chapter 509, except that the license shall be
   43  issued only to the person or corporation that operates the hotel
   44  or motel operation and not to the association of condominium
   45  owners;
   46         3. Any condominium accommodation of which no fewer than 50
   47  condominium units are wholly rentable to transients, which is
   48  licensed under chapter 509, and which is located in any county
   49  having home rule under s. 10 or s. 11, Art. VIII of the State
   50  Constitution of 1885, as amended, and incorporated by reference
   51  in s. 6(e), Art. VIII of the State Constitution, except that the
   52  license shall be issued only to the person or corporation that
   53  operates the hotel or motel operation and not to the association
   54  of condominium owners;
   55         4. A food service establishment that has 2,500 square feet
   56  of service area, is equipped to serve meals to 150 persons at
   57  one time, and derives at least 51 percent of its gross food and
   58  beverage revenue from the sale of food and nonalcoholic
   59  beverages during the first 60-day operating period and each 12
   60  month operating period thereafter. A licensee under this
   61  subparagraph may sell or deliver alcoholic beverages by the
   62  package for off-premises consumption if the alcoholic beverage
   63  is in a sealed container and is accompanied by the sale of food
   64  within the same order. Any delivery of an alcoholic beverage
   65  under this subparagraph must comply with s. 561.57. A food
   66  service establishment granted a special license on or after
   67  January 1, 1958, pursuant to general or special law may not
   68  operate as a package store and may not sell intoxicating
   69  beverages under such license after the hours of serving or
   70  consumption of food have elapsed. Failure by a licensee to meet
   71  the required percentage of food and nonalcoholic beverage gross
   72  revenues during the covered operating period shall result in
   73  revocation of the license or denial of the pending license
   74  application. A licensee whose license is revoked or an applicant
   75  whose pending application is denied, or any person required to
   76  qualify on the special license application, is ineligible to
   77  have any interest in a subsequent application for such a license
   78  for a period of 120 days after the date of the final denial or
   79  revocation;
   80         5. Any caterer, deriving at least 51 percent of its gross
   81  food and beverage revenue from the sale of food and nonalcoholic
   82  beverages at each catered event, licensed by the Division of
   83  Hotels and Restaurants under chapter 509. This subparagraph does
   84  not apply to a culinary education program, as defined in s.
   85  381.0072(2), which is licensed as a public food service
   86  establishment by the Division of Hotels and Restaurants and
   87  provides catering services. Notwithstanding any law to the
   88  contrary, a licensee under this subparagraph shall sell or serve
   89  alcoholic beverages only for consumption on the premises of a
   90  catered event at which the licensee is also providing prepared
   91  food, and shall prominently display its license at any catered
   92  event at which the caterer is selling or serving alcoholic
   93  beverages. A licensee under this subparagraph shall purchase all
   94  alcoholic beverages it sells or serves at a catered event from a
   95  vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
   96  under s. 565.02(1) subject to the limitation imposed in
   97  subsection (1), as appropriate. A licensee under this
   98  subparagraph may not store any alcoholic beverages to be sold or
   99  served at a catered event. Any alcoholic beverages purchased by
  100  a licensee under this subparagraph for a catered event that are
  101  not used at that event must remain with the customer; provided
  102  that if the vendor accepts unopened alcoholic beverages, the
  103  licensee may return such alcoholic beverages to the vendor for a
  104  credit or reimbursement. Regardless of the county or counties in
  105  which the licensee operates, a licensee under this subparagraph
  106  shall pay the annual state license tax set forth in s.
  107  565.02(1)(b). A licensee under this subparagraph must maintain
  108  for a period of 3 years all records and receipts for each
  109  catered event, including all contracts, customers’ names, event
  110  locations, event dates, food purchases and sales, alcoholic
  111  beverage purchases and sales, nonalcoholic beverage purchases
  112  and sales, and any other records required by the department by
  113  rule to demonstrate compliance with the requirements of this
  114  subparagraph. Notwithstanding any law to the contrary, any
  115  vendor licensed under s. 565.02(1) subject to the limitation
  116  imposed in subsection (1), may, without any additional licensure
  117  under this subparagraph, serve or sell alcoholic beverages for
  118  consumption on the premises of a catered event at which prepared
  119  food is provided by a caterer licensed under chapter 509. If a
  120  licensee under this subparagraph also possesses any other
  121  license under the Beverage Law, the license issued under this
  122  subparagraph shall not authorize the holder to conduct
  123  activities on the premises to which the other license or
  124  licenses apply that would otherwise be prohibited by the terms
  125  of that license or the Beverage Law. Nothing in this section
  126  shall permit the licensee to conduct activities that are
  127  otherwise prohibited by the Beverage Law or local law. The
  128  Division of Alcoholic Beverages and Tobacco is hereby authorized
  129  to adopt rules to administer the license created in this
  130  subparagraph, to include rules governing licensure,
  131  recordkeeping, and enforcement. The first $300,000 in fees
  132  collected by the division each fiscal year pursuant to this
  133  subparagraph shall be deposited in the Department of Children
  134  and Families’ Operations and Maintenance Trust Fund to be used
  135  only for alcohol and drug abuse education, treatment, and
  136  prevention programs. The remainder of the fees collected shall
  137  be deposited into the Hotel and Restaurant Trust Fund created
  138  pursuant to s. 509.072; or
  139         6. A culinary education program as defined in s.
  140  381.0072(2) which is licensed as a public food service
  141  establishment by the Division of Hotels and Restaurants.
  142         a. This special license shall allow the sale and
  143  consumption of alcoholic beverages on the licensed premises of
  144  the culinary education program. The culinary education program
  145  shall specify designated areas in the facility where the
  146  alcoholic beverages may be consumed at the time of application.
  147  Alcoholic beverages sold for consumption on the premises may be
  148  consumed only in areas designated pursuant to s. 561.01(11) and
  149  may not be removed from the designated area. Such license shall
  150  be applicable only in and for designated areas used by the
  151  culinary education program.
  152         b. If the culinary education program provides catering
  153  services, this special license shall also allow the sale and
  154  consumption of alcoholic beverages on the premises of a catered
  155  event at which the licensee is also providing prepared food. A
  156  culinary education program that provides catering services is
  157  not required to derive at least 51 percent of its gross revenue
  158  from the sale of food and nonalcoholic beverages.
  159  Notwithstanding any law to the contrary, a licensee that
  160  provides catering services under this sub-subparagraph shall
  161  prominently display its beverage license at any catered event at
  162  which the caterer is selling or serving alcoholic beverages.
  163  Regardless of the county or counties in which the licensee
  164  operates, a licensee under this sub-subparagraph shall pay the
  165  annual state license tax set forth in s. 565.02(1)(b). A
  166  licensee under this sub-subparagraph must maintain for a period
  167  of 3 years all records required by the department by rule to
  168  demonstrate compliance with the requirements of this sub
  169  subparagraph.
  170         c. If a licensee under this subparagraph also possesses any
  171  other license under the Beverage Law, the license issued under
  172  this subparagraph does not authorize the holder to conduct
  173  activities on the premises to which the other license or
  174  licenses apply that would otherwise be prohibited by the terms
  175  of that license or the Beverage Law. Nothing in this
  176  subparagraph shall permit the licensee to conduct activities
  177  that are otherwise prohibited by the Beverage Law or local law.
  178  Any culinary education program that holds a license to sell
  179  alcoholic beverages shall comply with the age requirements set
  180  forth in ss. 562.11(4), 562.111(2), and 562.13.
  181         d. The Division of Alcoholic Beverages and Tobacco may
  182  adopt rules to administer the license created in this
  183  subparagraph, to include rules governing licensure,
  184  recordkeeping, and enforcement.
  185         e. A license issued pursuant to this subparagraph does not
  186  permit the licensee to sell alcoholic beverages by the package
  187  for off-premises consumption.
  188  
  189  However, any license heretofore issued to any such hotel, motel,
  190  motor court, or restaurant or hereafter issued to any such
  191  hotel, motel, or motor court, including a condominium
  192  accommodation, under the general law shall not be moved to a new
  193  location, such license being valid only on the premises of such
  194  hotel, motel, motor court, or restaurant. Licenses issued to
  195  hotels, motels, motor courts, or restaurants under the general
  196  law and held by such hotels, motels, motor courts, or
  197  restaurants on May 24, 1947, shall be counted in the quota
  198  limitation contained in subsection (1). Any license issued for
  199  any hotel, motel, or motor court under this law shall be issued
  200  only to the owner of the hotel, motel, or motor court or, in the
  201  event the hotel, motel, or motor court is leased, to the lessee
  202  of the hotel, motel, or motor court; and the license shall
  203  remain in the name of the owner or lessee so long as the license
  204  is in existence. Any special license now in existence heretofore
  205  issued under this law cannot be renewed except in the name of
  206  the owner of the hotel, motel, motor court, or restaurant or, in
  207  the event the hotel, motel, motor court, or restaurant is
  208  leased, in the name of the lessee of the hotel, motel, motor
  209  court, or restaurant in which the license is located and must
  210  remain in the name of the owner or lessee so long as the license
  211  is in existence. Any license issued under this section shall be
  212  marked “Special,” and nothing herein provided shall limit,
  213  restrict, or prevent the issuance of a special license for any
  214  restaurant or motel which shall hereafter meet the requirements
  215  of the law existing immediately prior to the effective date of
  216  this act, if construction of such restaurant has commenced prior
  217  to the effective date of this act and is completed within 30
  218  days thereafter, or if an application is on file for such
  219  special license at the time this act takes effect; and any such
  220  licenses issued under this proviso may be annually renewed as
  221  now provided by law. Nothing herein prevents an application for
  222  transfer of a license to a bona fide purchaser of any hotel,
  223  motel, motor court, or restaurant by the purchaser of such
  224  facility or the transfer of such license pursuant to law.
  225         Section 2. This act shall take effect July 1, 2021.