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 of this section.
288 Section 4. This act shall take effect July 1, 2021.