Bill Amendment: FL S0698 | 2016 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Alcoholic Beverages and Tobacco
Status: 2016-04-06 - Chapter No. 2016-190, companion bill(s) passed, see HB 7099 (Ch. 2016-220) [S0698 Detail]
Download: Florida-2016-S0698-Senate_Floor_Amendment_421950.html
Bill Title: Alcoholic Beverages and Tobacco
Status: 2016-04-06 - Chapter No. 2016-190, companion bill(s) passed, see HB 7099 (Ch. 2016-220) [S0698 Detail]
Download: Florida-2016-S0698-Senate_Floor_Amendment_421950.html
Florida Senate - 2016 SENATOR AMENDMENT Bill No. CS for CS for SB 698 Ì421950ÈÎ421950 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bradley moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 114 and 115 4 insert: 5 Section 4. Paragraph (a) of subsection (2) of section 6 561.20, Florida Statutes, is amended to read: 7 561.20 Limitation upon number of licenses issued.— 8 (2)(a) TheNo suchlimitation of the number of licenses as 9hereinprovided in this section does notshall henceforth10 prohibit the issuance of a special license to: 11 1. Any bona fide hotel, motel, or motor court of not fewer 12 than 80 guest rooms in any county having a population of less 13 than 50,000 residents, and of not fewer than 100 guest rooms in 14 any county having a population of 50,000 residents or greater; 15 or any bona fide hotel or motel located in a historic structure, 16 as defined in s. 561.01(21), with fewer than 100 guest rooms 17 which derives at least 51 percent of its gross revenue from the 18 rental of hotel or motel rooms, which is licensed as a public 19 lodging establishment by the Division of Hotels and Restaurants; 20 provided, however, that a bona fide hotel or motel with no fewer 21 than 10 and no more than 25 guest rooms which is a historic 22 structure, as defined in s. 561.01(21), in a municipality that 23 on the effective date of this act has a population, according to 24 the University of Florida’s Bureau of Economic and Business 25 Research Estimates of Population for 1998, of no fewer than 26 25,000 and no more than 35,000 residents and that is within a 27 constitutionally chartered county may be issued a special 28 license. This special license shall allow the sale and 29 consumption of alcoholic beverages only on the licensed premises 30 of the hotel or motel. In addition, the hotel or motel must 31 derive at least 60 percent of its gross revenue from the rental 32 of hotel or motel rooms and the sale of food and nonalcoholic 33 beverages; provided that the provisions of this subparagraph 34 shall supersede local laws requiring a greater number of hotel 35 rooms; 36 2. Any condominium accommodation of which no fewer than 100 37 condominium units are wholly rentable to transients and which is 38 licensed under the provisions of chapter 509, except that the 39 license shall be issued only to the person or corporation which 40 operates the hotel or motel operation and not to the association 41 of condominium owners; 42 3. Any condominium accommodation of which no fewer than 50 43 condominium units are wholly rentable to transients, which is 44 licensed under the provisions of chapter 509, and which is 45 located in any county having home rule under s. 10 or s. 11, 46 Art. VIII of the State Constitution of 1885, as amended, and 47 incorporated by reference in s. 6(e), Art. VIII of the State 48 Constitution, except that the license shall be issued only to 49 the person or corporation which operates the hotel or motel 50 operation and not to the association of condominium owners; 51 4. Any food service establishment that hasrestaurant52having2,500 square feet of service area, isandequipped to 53 serve meals to 150 personsfull course meals at tablesat one 54 time, and that derivesderivingat least 51 percent of its gross 55 food and beverage revenue from the sale of food and nonalcoholic 56 beverages during the first 60-day operating period and each 12 57 month operating period thereafter.;However,A food service 58 establishmentno restaurantgranted a special license on or 59 after January 1, 1958, pursuant to general or special law may 60 notshalloperate as a package store and may not sell, nor shall61 intoxicating beveragesbe soldunder such license after the 62 hours of serving or consumption of food have elapsed. Failure by 63 a licensee to meet the required percentage of food and 64 nonalcoholic beverage gross revenues during the covered 65 operating period shall result in revocation of the license or 66 denial of the pending license application. A licensee whose 67 license is revoked or an applicant whose pending application is 68 denied, or any person required to qualify on the special license 69 application, is ineligible to have any interest in a subsequent 70 application for such a license for a period of 120 days after 71 the date of the final denial or revocation; or 72 5. Any caterer, deriving at least 51 percent of its gross 73 revenue from the sale of food and nonalcoholic beverages, 74 licensed by the Division of Hotels and Restaurants under chapter 75 509. Notwithstanding any other provision of law to the contrary, 76 a licensee under this subparagraph shall sell or serve alcoholic 77 beverages only for consumption on the premises of a catered 78 event at which the licensee is also providing prepared food, and 79 shall prominently display its license at any catered event at 80 which the caterer is selling or serving alcoholic beverages. A 81 licensee under this subparagraph shall purchase all alcoholic 82 beverages it sells or serves at a catered event from a vendor 83 licensed under s. 563.02(1), s. 564.02(1), or licensed under s. 84 565.02(1) subject to the limitation imposed in subsection (1), 85 as appropriate. A licensee under this subparagraph may not store 86 any alcoholic beverages to be sold or served at a catered event. 87 Any alcoholic beverages purchased by a licensee under this 88 subparagraph for a catered event that are not used at that event 89 must remain with the customer; provided that if the vendor 90 accepts unopened alcoholic beverages, the licensee may return 91 such alcoholic beverages to the vendor for a credit or 92 reimbursement. Regardless of the county or counties in which the 93 licensee operates, a licensee under this subparagraph shall pay 94 the annual state license tax set forth in s. 565.02(1)(b). A 95 licensee under this subparagraph must maintain for a period of 3 96 years all records required by the department by rule to 97 demonstrate compliance with the requirements of this 98 subparagraph, including licensed vendor receipts for the 99 purchase of alcoholic beverages and records identifying each 100 customer and the location and date of each catered event. 101 Notwithstanding any provision of law to the contrary, any vendor 102 licensed under s. 565.02(1) subject to the limitation imposed in 103 subsection (1), may, without any additional licensure under this 104 subparagraph, serve or sell alcoholic beverages for consumption 105 on the premises of a catered event at which prepared food is 106 provided by a caterer licensed under chapter 509. If a licensee 107 under this subparagraph also possesses any other license under 108 the Beverage Law, the license issued under this subparagraph 109 shall not authorize the holder to conduct activities on the 110 premises to which the other license or licenses apply that would 111 otherwise be prohibited by the terms of that license or the 112 Beverage Law. Nothing in this section shall permit the licensee 113 to conduct activities that are otherwise prohibited by the 114 Beverage Law or local law. The Division of Alcoholic Beverages 115 and Tobacco is hereby authorized to adopt rules to administer 116 the license created in this subparagraph, to include rules 117 governing licensure, recordkeeping, and enforcement. The first 118 $300,000 in fees collected by the division each fiscal year 119 pursuant to this subparagraph shall be deposited in the 120 Department of Children and Families’ Operations and Maintenance 121 Trust Fund to be used only for alcohol and drug abuse education, 122 treatment, and prevention programs. The remainder of the fees 123 collected shall be deposited into the Hotel and Restaurant Trust 124 Fund created pursuant to s. 509.072. 125 126 However, any license heretofore issued to any such hotel, motel, 127 motor court, or restaurant or hereafter issued to any such 128 hotel, motel, or motor court, including a condominium 129 accommodation, under the general law shall not be moved to a new 130 location, such license being valid only on the premises of such 131 hotel, motel, motor court, or restaurant. Licenses issued to 132 hotels, motels, motor courts, or restaurants under the general 133 law and held by such hotels, motels, motor courts, or 134 restaurants on May 24, 1947, shall be counted in the quota 135 limitation contained in subsection (1). Any license issued for 136 any hotel, motel, or motor court under the provisions of this 137 law shall be issued only to the owner of the hotel, motel, or 138 motor court or, in the event the hotel, motel, or motor court is 139 leased, to the lessee of the hotel, motel, or motor court; and 140 the license shall remain in the name of the owner or lessee so 141 long as the license is in existence. Any special license now in 142 existence heretofore issued under the provisions of this law 143 cannot be renewed except in the name of the owner of the hotel, 144 motel, motor court, or restaurant or, in the event the hotel, 145 motel, motor court, or restaurant is leased, in the name of the 146 lessee of the hotel, motel, motor court, or restaurant in which 147 the license is located and must remain in the name of the owner 148 or lessee so long as the license is in existence. Any license 149 issued under this section shall be marked “Special,” and nothing 150 herein provided shall limit, restrict, or prevent the issuance 151 of a special license for any restaurant or motel which shall 152 hereafter meet the requirements of the law existing immediately 153 prior to the effective date of this act, if construction of such 154 restaurant has commenced prior to the effective date of this act 155 and is completed within 30 days thereafter, or if an application 156 is on file for such special license at the time this act takes 157 effect; and any such licenses issued under this proviso may be 158 annually renewed as now provided by law. Nothing herein prevents 159 an application for transfer of a license to a bona fide 160 purchaser of any hotel, motel, motor court, or restaurant by the 161 purchaser of such facility or the transfer of such license 162 pursuant to law. 163 164 ================= T I T L E A M E N D M E N T ================ 165 And the title is amended as follows: 166 Between lines 10 and 11 167 insert: 168 561.20, F.S.; providing that a license must be revoked 169 or a pending application must be denied under certain 170 circumstances; providing that certain licensees or 171 applicants are not eligible to have an interest in a 172 subsequent license under certain circumstances for a 173 specified timeframe; amending s.