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