CS for SB 148 First Engrossed 2021148e1 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; requiring vendors to verify the age of a 11 person making a delivery of an alcoholic beverage 12 before such person takes possession of the alcoholic 13 beverage; providing construction; amending s. 14 316.1936, F.S.; specifying that certain alcoholic 15 beverages sold by such establishments are not open 16 containers for the purposes of the prohibition on 17 possessing open containers of alcoholic beverages in 18 vehicles; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Paragraph (a) of subsection (2) of section 23 561.20, Florida Statutes, is amended to read: 24 561.20 Limitation upon number of licenses issued.— 25 (2)(a) The limitation of the number of licenses as provided 26 in this section does not prohibit the issuance of a special 27 license to: 28 1. Any bona fide hotel, motel, or motor court of not fewer 29 than 80 guest rooms in any county having a population of less 30 than 50,000 residents, and of not fewer than 100 guest rooms in 31 any county having a population of 50,000 residents or greater; 32 or any bona fide hotel or motel located in a historic structure, 33 as defined in s. 561.01(21), with fewer than 100 guest rooms 34 which derives at least 51 percent of its gross revenue from the 35 rental of hotel or motel rooms, which is licensed as a public 36 lodging establishment by the Division of Hotels and Restaurants; 37 provided, however, that a bona fide hotel or motel with no fewer 38 than 10 and no more than 25 guest rooms which is a historic 39 structure, as defined in s. 561.01(21), in a municipality that 40 on the effective date of this act has a population, according to 41 the University of Florida’s Bureau of Economic and Business 42 Research Estimates of Population for 1998, of no fewer than 43 25,000 and no more than 35,000 residents and that is within a 44 constitutionally chartered county may be issued a special 45 license. This special license shall allow the sale and 46 consumption of alcoholic beverages only on the licensed premises 47 of the hotel or motel. In addition, the hotel or motel must 48 derive at least 60 percent of its gross revenue from the rental 49 of hotel or motel rooms and the sale of food and nonalcoholic 50 beverages; provided that this subparagraph shall supersede local 51 laws requiring a greater number of hotel rooms; 52 2. Any condominium accommodation of which no fewer than 100 53 condominium units are wholly rentable to transients and which is 54 licensed under chapter 509, except that the license shall be 55 issued only to the person or corporation that operates the hotel 56 or motel operation and not to the association of condominium 57 owners; 58 3. Any condominium accommodation of which no fewer than 50 59 condominium units are wholly rentable to transients, which is 60 licensed under chapter 509, and which is located in any county 61 having home rule under s. 10 or s. 11, Art. VIII of the State 62 Constitution of 1885, as amended, and incorporated by reference 63 in s. 6(e), Art. VIII of the State Constitution, except that the 64 license shall be issued only to the person or corporation that 65 operates the hotel or motel operation and not to the association 66 of condominium owners; 67 4. A food service establishment that has 2,500 square feet 68 of service area, is equipped to serve meals to 150 persons at 69 one time, and derives at least 51 percent of its gross food and 70 beverage revenue from the sale of food and nonalcoholic 71 beverages during the first 60-day operating period and each 12 72 month operating period thereafter. A licensee under this 73 subparagraph may sell or deliver alcoholic beverages for off 74 premises consumption pursuant to s. 561.575. A food service 75 establishment granted a special license on or after January 1, 76 1958, pursuant to general or special law may not operate as a 77 package store except as provided in s. 561.575 and may not sell 78 intoxicating beverages under such license after the hours of 79 serving or consumption of food have elapsed. Failure by a 80 licensee to meet the required percentage of food and 81 nonalcoholic beverage gross revenues during the covered 82 operating period shall result in revocation of the license or 83 denial of the pending license application. A licensee whose 84 license is revoked or an applicant whose pending application is 85 denied, or any person required to qualify on the special license 86 application, is ineligible to have any interest in a subsequent 87 application for such a license for a period of 120 days after 88 the date of the final denial or revocation; 89 5. Any caterer, deriving at least 51 percent of its gross 90 food and beverage revenue from the sale of food and nonalcoholic 91 beverages at each catered event, licensed by the Division of 92 Hotels and Restaurants under chapter 509. This subparagraph does 93 not apply to a culinary education program, as defined in s. 94 381.0072(2), which is licensed as a public food service 95 establishment by the Division of Hotels and Restaurants and 96 provides catering services. Notwithstanding any law to the 97 contrary, a licensee under this subparagraph shall sell or serve 98 alcoholic beverages only for consumption on the premises of a 99 catered event at which the licensee is also providing prepared 100 food, and shall prominently display its license at any catered 101 event at which the caterer is selling or serving alcoholic 102 beverages. A licensee under this subparagraph shall purchase all 103 alcoholic beverages it sells or serves at a catered event from a 104 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed 105 under s. 565.02(1) subject to the limitation imposed in 106 subsection (1), as appropriate. A licensee under this 107 subparagraph may not store any alcoholic beverages to be sold or 108 served at a catered event. Any alcoholic beverages purchased by 109 a licensee under this subparagraph for a catered event that are 110 not used at that event must remain with the customer; provided 111 that if the vendor accepts unopened alcoholic beverages, the 112 licensee may return such alcoholic beverages to the vendor for a 113 credit or reimbursement. Regardless of the county or counties in 114 which the licensee operates, a licensee under this subparagraph 115 shall pay the annual state license tax set forth in s. 116 565.02(1)(b). A licensee under this subparagraph must maintain 117 for a period of 3 years all records and receipts for each 118 catered event, including all contracts, customers’ names, event 119 locations, event dates, food purchases and sales, alcoholic 120 beverage purchases and sales, nonalcoholic beverage purchases 121 and sales, and any other records required by the department by 122 rule to demonstrate compliance with the requirements of this 123 subparagraph. Notwithstanding any law to the contrary, any 124 vendor licensed under s. 565.02(1) subject to the limitation 125 imposed in subsection (1), may, without any additional licensure 126 under this subparagraph, serve or sell alcoholic beverages for 127 consumption on the premises of a catered event at which prepared 128 food is provided by a caterer licensed under chapter 509. If a 129 licensee under this subparagraph also possesses any other 130 license under the Beverage Law, the license issued under this 131 subparagraph shall not authorize the holder to conduct 132 activities on the premises to which the other license or 133 licenses apply that would otherwise be prohibited by the terms 134 of that license or the Beverage Law. Nothing in this section 135 shall permit the licensee to conduct activities that are 136 otherwise prohibited by the Beverage Law or local law. The 137 Division of Alcoholic Beverages and Tobacco is hereby authorized 138 to adopt rules to administer the license created in this 139 subparagraph, to include rules governing licensure, 140 recordkeeping, and enforcement. The first $300,000 in fees 141 collected by the division each fiscal year pursuant to this 142 subparagraph shall be deposited in the Department of Children 143 and Families’ Operations and Maintenance Trust Fund to be used 144 only for alcohol and drug abuse education, treatment, and 145 prevention programs. The remainder of the fees collected shall 146 be deposited into the Hotel and Restaurant Trust Fund created 147 pursuant to s. 509.072; or 148 6. A culinary education program as defined in s. 149 381.0072(2) which is licensed as a public food service 150 establishment by the Division of Hotels and Restaurants. 151 a. This special license shall allow the sale and 152 consumption of alcoholic beverages on the licensed premises of 153 the culinary education program. The culinary education program 154 shall specify designated areas in the facility where the 155 alcoholic beverages may be consumed at the time of application. 156 Alcoholic beverages sold for consumption on the premises may be 157 consumed only in areas designated pursuant to s. 561.01(11) and 158 may not be removed from the designated area. Such license shall 159 be applicable only in and for designated areas used by the 160 culinary education program. 161 b. If the culinary education program provides catering 162 services, this special license shall also allow the sale and 163 consumption of alcoholic beverages on the premises of a catered 164 event at which the licensee is also providing prepared food. A 165 culinary education program that provides catering services is 166 not required to derive at least 51 percent of its gross revenue 167 from the sale of food and nonalcoholic beverages. 168 Notwithstanding any law to the contrary, a licensee that 169 provides catering services under this sub-subparagraph shall 170 prominently display its beverage license at any catered event at 171 which the caterer is selling or serving alcoholic beverages. 172 Regardless of the county or counties in which the licensee 173 operates, a licensee under this sub-subparagraph shall pay the 174 annual state license tax set forth in s. 565.02(1)(b). A 175 licensee under this sub-subparagraph must maintain for a period 176 of 3 years all records required by the department by rule to 177 demonstrate compliance with the requirements of this sub 178 subparagraph. 179 c. If a licensee under this subparagraph also possesses any 180 other license under the Beverage Law, the license issued under 181 this subparagraph does not authorize the holder to conduct 182 activities on the premises to which the other license or 183 licenses apply that would otherwise be prohibited by the terms 184 of that license or the Beverage Law. Nothing in this 185 subparagraph shall permit the licensee to conduct activities 186 that are otherwise prohibited by the Beverage Law or local law. 187 Any culinary education program that holds a license to sell 188 alcoholic beverages shall comply with the age requirements set 189 forth in ss. 562.11(4), 562.111(2), and 562.13. 190 d. The Division of Alcoholic Beverages and Tobacco may 191 adopt rules to administer the license created in this 192 subparagraph, to include rules governing licensure, 193 recordkeeping, and enforcement. 194 e. A license issued pursuant to this subparagraph does not 195 permit the licensee to sell alcoholic beverages by the package 196 for off-premises consumption. 197 198 However, any license heretofore issued to any such hotel, motel, 199 motor court, or restaurant or hereafter issued to any such 200 hotel, motel, or motor court, including a condominium 201 accommodation, under the general law shall not be moved to a new 202 location, such license being valid only on the premises of such 203 hotel, motel, motor court, or restaurant. Licenses issued to 204 hotels, motels, motor courts, or restaurants under the general 205 law and held by such hotels, motels, motor courts, or 206 restaurants on May 24, 1947, shall be counted in the quota 207 limitation contained in subsection (1). Any license issued for 208 any hotel, motel, or motor court under this law shall be issued 209 only to the owner of the hotel, motel, or motor court or, in the 210 event the hotel, motel, or motor court is leased, to the lessee 211 of the hotel, motel, or motor court; and the license shall 212 remain in the name of the owner or lessee so long as the license 213 is in existence. Any special license now in existence heretofore 214 issued under this law cannot be renewed except in the name of 215 the owner of the hotel, motel, motor court, or restaurant or, in 216 the event the hotel, motel, motor court, or restaurant is 217 leased, in the name of the lessee of the hotel, motel, motor 218 court, or restaurant in which the license is located and must 219 remain in the name of the owner or lessee so long as the license 220 is in existence. Any license issued under this section shall be 221 marked “Special,” and nothing herein provided shall limit, 222 restrict, or prevent the issuance of a special license for any 223 restaurant or motel which shall hereafter meet the requirements 224 of the law existing immediately prior to the effective date of 225 this act, if construction of such restaurant has commenced prior 226 to the effective date of this act and is completed within 30 227 days thereafter, or if an application is on file for such 228 special license at the time this act takes effect; and any such 229 licenses issued under this proviso may be annually renewed as 230 now provided by law. Nothing herein prevents an application for 231 transfer of a license to a bona fide purchaser of any hotel, 232 motel, motor court, or restaurant by the purchaser of such 233 facility or the transfer of such license pursuant to law. 234 Section 2. Section 561.575, Florida Statutes, is created to 235 read: 236 561.575 Food service establishments; off-premises 237 consumption of alcoholic beverages.— 238 (1) Notwithstanding any other law, a public food service 239 establishment licensed under s. 561.20(2)(a)4. may sell 240 manufacturer-sealed containers of wine, containers of malt 241 beverages, or any alcoholic beverage drink prepared by the 242 vendor, including any wine-based and liquor-based drinks, sold 243 in containers sealed by the licensee or its employees for 244 consumption off of the licensed premises if accompanied by the 245 sale of food within the same order. The container for any 246 alcoholic beverage sold or delivered for consumption off the 247 premises pursuant to this section may not exceed 32 ounces. An 248 alcoholic beverage drink prepared by the vendor and sold or 249 delivered for consumption off the premises must be securely 250 sealed by the licensee or its employees with an unbroken seal 251 that prevents the beverage from being immediately consumed 252 before removal from the premises. Such alcoholic beverage also 253 must be placed in a bag or other container that is secured in 254 such a manner that it is visibly apparent if the container has 255 been subsequently opened or tampered with, and a dated receipt 256 for the alcoholic beverage and meal must be provided by the 257 licensee and attached to the sealed container. If transported in 258 a motor vehicle, an alcoholic beverage that is not in a 259 container sealed by the manufacturer must be placed in a locked 260 compartment, a locked trunk, or the area behind the last upright 261 seat of a motor vehicle. 262 (2) Any sale or delivery of a malt beverage under this 263 section must comply with the container size, labeling, and 264 filling requirements under s. 563.06, except that such container 265 may not exceed 32 ounces. 266 (3) Any delivery of an alcoholic beverage under this 267 section must comply with s. 561.57. It is a violation of the 268 prohibition in s. 562.11 to allow any person under the age of 21 269 to deliver alcoholic beverages on behalf of a vendor. Before 270 allowing any person to take possession of an alcoholic beverage 271 for the purpose of making a delivery on behalf of a vendor under 272 this section, the vendor or the agent or employee of the vendor 273 must verify the age of the person making the delivery of the 274 alcoholic beverage. 275 (4) This section may not be construed to authorize public 276 food service establishments licensed under s. 561.20(2)(a)4. to 277 sell as package manufacturer-sealed containers of distilled 278 spirits. 279 Section 3. Subsection (9) of section 316.1936, Florida 280 Statutes, is amended to read: 281 316.1936 Possession of open containers of alcoholic 282 beverages in vehicles prohibited; penalties.— 283 (9) A bottle of wine that has been resealed and is 284 transported pursuant to s. 564.09 or an alcoholic beverage that 285 has been sealed by a licensee or the employee of a licensee and 286 is transported pursuant to s. 561.575 is not an open container 287 under
the provisions ofthis section. 288 Section 4. This act shall take effect July 1, 2021.