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 ofthis section. 278 Section 4. This act shall take effect July 1, 2021.