Florida Senate - 2021 CS for SB 148
By the Committee on Regulated Industries; and Senator Bradley
580-02162-21 2021148c1
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 certain alcoholic
5 beverages for off-premises consumption under certain
6 circumstances; creating s. 561.575, F.S.; providing
7 requirements for such establishments to sell alcoholic
8 beverages for off-premises consumption; requiring that
9 such alcoholic beverages be transported in a specified
10 manner; providing construction; amending s. 316.1936,
11 F.S.; specifying that certain alcoholic beverages sold
12 by such establishments are not open containers for the
13 purposes of the prohibition on possessing open
14 containers of alcoholic beverages in vehicles;
15 providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraph (a) of subsection (2) of section
20 561.20, Florida Statutes, is amended to read:
21 561.20 Limitation upon number of licenses issued.—
22 (2)(a) The limitation of the number of licenses as provided
23 in this section does not prohibit the issuance of a special
24 license to:
25 1. Any bona fide hotel, motel, or motor court of not fewer
26 than 80 guest rooms in any county having a population of less
27 than 50,000 residents, and of not fewer than 100 guest rooms in
28 any county having a population of 50,000 residents or greater;
29 or any bona fide hotel or motel located in a historic structure,
30 as defined in s. 561.01(21), with fewer than 100 guest rooms
31 which derives at least 51 percent of its gross revenue from the
32 rental of hotel or motel rooms, which is licensed as a public
33 lodging establishment by the Division of Hotels and Restaurants;
34 provided, however, that a bona fide hotel or motel with no fewer
35 than 10 and no more than 25 guest rooms which is a historic
36 structure, as defined in s. 561.01(21), in a municipality that
37 on the effective date of this act has a population, according to
38 the University of Florida’s Bureau of Economic and Business
39 Research Estimates of Population for 1998, of no fewer than
40 25,000 and no more than 35,000 residents and that is within a
41 constitutionally chartered county may be issued a special
42 license. This special license shall allow the sale and
43 consumption of alcoholic beverages only on the licensed premises
44 of the hotel or motel. In addition, the hotel or motel must
45 derive at least 60 percent of its gross revenue from the rental
46 of hotel or motel rooms and the sale of food and nonalcoholic
47 beverages; provided that this subparagraph shall supersede local
48 laws requiring a greater number of hotel rooms;
49 2. Any condominium accommodation of which no fewer than 100
50 condominium units are wholly rentable to transients and which is
51 licensed under chapter 509, except that the license shall be
52 issued only to the person or corporation that operates the hotel
53 or motel operation and not to the association of condominium
54 owners;
55 3. Any condominium accommodation of which no fewer than 50
56 condominium units are wholly rentable to transients, which is
57 licensed under chapter 509, and which is located in any county
58 having home rule under s. 10 or s. 11, Art. VIII of the State
59 Constitution of 1885, as amended, and incorporated by reference
60 in s. 6(e), Art. VIII of the State Constitution, except that the
61 license shall be issued only to the person or corporation that
62 operates the hotel or motel operation and not to the association
63 of condominium owners;
64 4. A food service establishment that has 2,500 square feet
65 of service area, is equipped to serve meals to 150 persons at
66 one time, and derives at least 51 percent of its gross food and
67 beverage revenue from the sale of food and nonalcoholic
68 beverages during the first 60-day operating period and each 12
69 month operating period thereafter. A licensee under this
70 subparagraph may sell or deliver alcoholic beverages for off
71 premises consumption pursuant to s. 561.575. A food service
72 establishment granted a special license on or after January 1,
73 1958, pursuant to general or special law may not operate as a
74 package store except as provided in s. 561.575 and may not sell
75 intoxicating beverages under such license after the hours of
76 serving or consumption of food have elapsed. Failure by a
77 licensee to meet the required percentage of food and
78 nonalcoholic beverage gross revenues during the covered
79 operating period shall result in revocation of the license or
80 denial of the pending license application. A licensee whose
81 license is revoked or an applicant whose pending application is
82 denied, or any person required to qualify on the special license
83 application, is ineligible to have any interest in a subsequent
84 application for such a license for a period of 120 days after
85 the date of the final denial or revocation;
86 5. Any caterer, deriving at least 51 percent of its gross
87 food and beverage revenue from the sale of food and nonalcoholic
88 beverages at each catered event, licensed by the Division of
89 Hotels and Restaurants under chapter 509. This subparagraph does
90 not apply to a culinary education program, as defined in s.
91 381.0072(2), which is licensed as a public food service
92 establishment by the Division of Hotels and Restaurants and
93 provides catering services. Notwithstanding any law to the
94 contrary, a licensee under this subparagraph shall sell or serve
95 alcoholic beverages only for consumption on the premises of a
96 catered event at which the licensee is also providing prepared
97 food, and shall prominently display its license at any catered
98 event at which the caterer is selling or serving alcoholic
99 beverages. A licensee under this subparagraph shall purchase all
100 alcoholic beverages it sells or serves at a catered event from a
101 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
102 under s. 565.02(1) subject to the limitation imposed in
103 subsection (1), as appropriate. A licensee under this
104 subparagraph may not store any alcoholic beverages to be sold or
105 served at a catered event. Any alcoholic beverages purchased by
106 a licensee under this subparagraph for a catered event that are
107 not used at that event must remain with the customer; provided
108 that if the vendor accepts unopened alcoholic beverages, the
109 licensee may return such alcoholic beverages to the vendor for a
110 credit or reimbursement. Regardless of the county or counties in
111 which the licensee operates, a licensee under this subparagraph
112 shall pay the annual state license tax set forth in s.
113 565.02(1)(b). A licensee under this subparagraph must maintain
114 for a period of 3 years all records and receipts for each
115 catered event, including all contracts, customers’ names, event
116 locations, event dates, food purchases and sales, alcoholic
117 beverage purchases and sales, nonalcoholic beverage purchases
118 and sales, and any other records required by the department by
119 rule to demonstrate compliance with the requirements of this
120 subparagraph. Notwithstanding any law to the contrary, any
121 vendor licensed under s. 565.02(1) subject to the limitation
122 imposed in subsection (1), may, without any additional licensure
123 under this subparagraph, serve or sell alcoholic beverages for
124 consumption on the premises of a catered event at which prepared
125 food is provided by a caterer licensed under chapter 509. If a
126 licensee under this subparagraph also possesses any other
127 license under the Beverage Law, the license issued under this
128 subparagraph shall not authorize the holder to conduct
129 activities on the premises to which the other license or
130 licenses apply that would otherwise be prohibited by the terms
131 of that license or the Beverage Law. Nothing in this section
132 shall permit the licensee to conduct activities that are
133 otherwise prohibited by the Beverage Law or local law. The
134 Division of Alcoholic Beverages and Tobacco is hereby authorized
135 to adopt rules to administer the license created in this
136 subparagraph, to include rules governing licensure,
137 recordkeeping, and enforcement. The first $300,000 in fees
138 collected by the division each fiscal year pursuant to this
139 subparagraph shall be deposited in the Department of Children
140 and Families’ Operations and Maintenance Trust Fund to be used
141 only for alcohol and drug abuse education, treatment, and
142 prevention programs. The remainder of the fees collected shall
143 be deposited into the Hotel and Restaurant Trust Fund created
144 pursuant to s. 509.072; or
145 6. A culinary education program as defined in s.
146 381.0072(2) which is licensed as a public food service
147 establishment by the Division of Hotels and Restaurants.
148 a. This special license shall allow the sale and
149 consumption of alcoholic beverages on the licensed premises of
150 the culinary education program. The culinary education program
151 shall specify designated areas in the facility where the
152 alcoholic beverages may be consumed at the time of application.
153 Alcoholic beverages sold for consumption on the premises may be
154 consumed only in areas designated pursuant to s. 561.01(11) and
155 may not be removed from the designated area. Such license shall
156 be applicable only in and for designated areas used by the
157 culinary education program.
158 b. If the culinary education program provides catering
159 services, this special license shall also allow the sale and
160 consumption of alcoholic beverages on the premises of a catered
161 event at which the licensee is also providing prepared food. A
162 culinary education program that provides catering services is
163 not required to derive at least 51 percent of its gross revenue
164 from the sale of food and nonalcoholic beverages.
165 Notwithstanding any law to the contrary, a licensee that
166 provides catering services under this sub-subparagraph shall
167 prominently display its beverage license at any catered event at
168 which the caterer is selling or serving alcoholic beverages.
169 Regardless of the county or counties in which the licensee
170 operates, a licensee under this sub-subparagraph shall pay the
171 annual state license tax set forth in s. 565.02(1)(b). A
172 licensee under this sub-subparagraph must maintain for a period
173 of 3 years all records required by the department by rule to
174 demonstrate compliance with the requirements of this sub
175 subparagraph.
176 c. If a licensee under this subparagraph also possesses any
177 other license under the Beverage Law, the license issued under
178 this subparagraph does not authorize the holder to conduct
179 activities on the premises to which the other license or
180 licenses apply that would otherwise be prohibited by the terms
181 of that license or the Beverage Law. Nothing in this
182 subparagraph shall permit the licensee to conduct activities
183 that are otherwise prohibited by the Beverage Law or local law.
184 Any culinary education program that holds a license to sell
185 alcoholic beverages shall comply with the age requirements set
186 forth in ss. 562.11(4), 562.111(2), and 562.13.
187 d. The Division of Alcoholic Beverages and Tobacco may
188 adopt rules to administer the license created in this
189 subparagraph, to include rules governing licensure,
190 recordkeeping, and enforcement.
191 e. A license issued pursuant to this subparagraph does not
192 permit the licensee to sell alcoholic beverages by the package
193 for off-premises consumption.
194
195 However, any license heretofore issued to any such hotel, motel,
196 motor court, or restaurant or hereafter issued to any such
197 hotel, motel, or motor court, including a condominium
198 accommodation, under the general law shall not be moved to a new
199 location, such license being valid only on the premises of such
200 hotel, motel, motor court, or restaurant. Licenses issued to
201 hotels, motels, motor courts, or restaurants under the general
202 law and held by such hotels, motels, motor courts, or
203 restaurants on May 24, 1947, shall be counted in the quota
204 limitation contained in subsection (1). Any license issued for
205 any hotel, motel, or motor court under this law shall be issued
206 only to the owner of the hotel, motel, or motor court or, in the
207 event the hotel, motel, or motor court is leased, to the lessee
208 of the hotel, motel, or motor court; and the license shall
209 remain in the name of the owner or lessee so long as the license
210 is in existence. Any special license now in existence heretofore
211 issued under this law cannot be renewed except in the name of
212 the owner of the hotel, motel, motor court, or restaurant or, in
213 the event the hotel, motel, motor court, or restaurant is
214 leased, in the name of the lessee of the hotel, motel, motor
215 court, or restaurant in which the license is located and must
216 remain in the name of the owner or lessee so long as the license
217 is in existence. Any license issued under this section shall be
218 marked “Special,” and nothing herein provided shall limit,
219 restrict, or prevent the issuance of a special license for any
220 restaurant or motel which shall hereafter meet the requirements
221 of the law existing immediately prior to the effective date of
222 this act, if construction of such restaurant has commenced prior
223 to the effective date of this act and is completed within 30
224 days thereafter, or if an application is on file for such
225 special license at the time this act takes effect; and any such
226 licenses issued under this proviso may be annually renewed as
227 now provided by law. Nothing herein prevents an application for
228 transfer of a license to a bona fide purchaser of any hotel,
229 motel, motor court, or restaurant by the purchaser of such
230 facility or the transfer of such license pursuant to law.
231 Section 2. Section 561.575, Florida Statutes, is created to
232 read:
233 561.575 Food service establishments; off-premises
234 consumption of alcoholic beverages.—
235 (1) Notwithstanding any other law, a public food service
236 establishment licensed under s. 561.20(2)(a)4. may sell
237 manufacturer-sealed containers of wine, containers of malt
238 beverages, or any alcoholic beverage drink prepared by the
239 vendor, including any wine-based and liquor-based drinks, sold
240 in containers sealed by the licensee or its employees for
241 consumption off of the licensed premises if accompanied by the
242 sale of food within the same order. The container for any
243 alcoholic beverage sold or delivered for consumption off the
244 premises pursuant to this section may not exceed 32 ounces. An
245 alcoholic beverage drink prepared by the vendor and sold or
246 delivered for consumption off the premises must be securely
247 sealed by the licensee or its employees with an unbroken seal
248 that prevents the beverage from being immediately consumed
249 before removal from the premises. Such alcoholic beverage also
250 must be placed in a bag or other container that is secured in
251 such a manner that it is visibly apparent if the container has
252 been subsequently opened or tampered with, and a dated receipt
253 for the alcoholic beverage and meal must be provided by the
254 licensee and attached to the sealed container. If transported in
255 a motor vehicle, an alcoholic beverage that is not in a
256 container sealed by the manufacturer must be placed in a locked
257 compartment, a locked trunk, or the area behind the last upright
258 seat of a motor vehicle.
259 (2) Any sale or delivery of a malt beverage under this
260 section must comply with the container size, labeling, and
261 filling requirements under s. 563.06, except that such container
262 may not exceed 32 ounces.
263 (3) Any delivery of an alcoholic beverage under this
264 section must comply with s. 561.57.
265 (4) This section may not be construed to authorize public
266 food service establishments licensed under s. 561.20(2)(a)4. to
267 sell as package manufacturer-sealed containers of distilled
268 spirits.
269 Section 3. Subsection (9) of section 316.1936, Florida
270 Statutes, is amended to read:
271 316.1936 Possession of open containers of alcoholic
272 beverages in vehicles prohibited; penalties.—
273 (9) A bottle of wine that has been resealed and is
274 transported pursuant to s. 564.09 or an alcoholic beverage that
275 has been sealed by a licensee or the employee of a licensee and
276 is transported pursuant to s. 561.575 is not an open container
277 under the provisions of this section.
278 Section 4. This act shall take effect July 1, 2021.