Bill Text: FL S0698 | 2016 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Alcoholic Beverages and Tobacco
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2016-04-06 - Chapter No. 2016-190, companion bill(s) passed, see HB 7099 (Ch. 2016-220) [S0698 Detail]
Download: Florida-2016-S0698-Engrossed.html
Bill Title: Alcoholic Beverages and Tobacco
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2016-04-06 - Chapter No. 2016-190, companion bill(s) passed, see HB 7099 (Ch. 2016-220) [S0698 Detail]
Download: Florida-2016-S0698-Engrossed.html
CS for CS for SB 698 Third Engrossed 2016698e3 1 A bill to be entitled 2 An act relating to alcoholic beverages and tobacco; 3 amending s. 210.13, F.S.; revising applicability to 4 include other persons who may be subject to a 5 determination of tax on failure to file a return; 6 amending s. 561.01, F.S.; defining the term “railroad 7 transit station”; amending s. 561.20, F.S.; revising 8 the requirements to obtain and maintain a food service 9 establishment alcoholic beverage license; amending s. 10 561.29, F.S.; requiring the Division of Alcoholic 11 Beverages and Tobacco to grant a one-time written 12 waiver or extension of certain requirements to 13 specified licensees; revising the circumstances under 14 which a licensee may seek and the division may grant a 15 waiver or extension of the requirements; revising 16 compliance requirements for certain licensees; 17 creating s. 561.4205, F.S.; requiring an alcoholic 18 beverage distributor to charge a deposit for certain 19 alcoholic beverage sales; providing an inventory and 20 reconciliation process as an accounting alternative 21 for specified vendors; providing an inventory and 22 reconciliation process for malt beverage kegs; 23 amending s. 561.422, F.S.; authorizing the division to 24 issue temporary permits to charitable organizations, 25 municipalities, and counties to sell alcoholic 26 beverages for consumption on the premises of an event; 27 amending s. 563.06, F.S.; authorizing certain 28 licensees to fill or refill growlers under certain 29 conditions; amending s. 565.02, F.S.; authorizing 30 operators of railroad transit stations to obtain 31 licenses to sell alcoholic beverages; providing 32 requirements and conditions; prohibiting a 33 municipality or county from requiring an additional 34 license or levying a tax to sell certain beverages; 35 exempting railroad transit stations from liquor bottle 36 size restrictions; revising the tax on the sale of 37 alcoholic beverages on certain foreign passenger 38 vessels; imposing a tax on sale of cigarettes and 39 other tobacco products on certain foreign passenger 40 vessels; defining terms; revising legislative 41 findings; requiring permittees to submit a report to 42 the division; providing requirements for the report; 43 amending s. 565.04, F.S.; authorizing a licensed 44 distributor to transport alcoholic beverages through 45 certain premises under specified circumstances; 46 providing effective dates. 47 48 Be It Enacted by the Legislature of the State of Florida: 49 50 Section 1. Section 210.13, Florida Statutes, is amended to 51 read: 52 210.13 Determination of tax on failure to file a return.—If 53 a dealer or other person required to remit the tax under this 54 part fails to file any return required under this part, or 55 having filed an incorrect or insufficient return, fails to file 56 a correct or sufficient return, as the case may require, within 57 10 days after the giving of notice to the dealer by the Division 58 of Alcoholic Beverages and Tobacco that such return or corrected 59 or sufficient return is required, the division shall determine 60 the amount of tax due by such dealer any time within 3 years 61 after the making of the earliest sale included in such 62 determination and give written notice of such determination to 63 such dealer. Such a determination shall finally and irrevocably 64 fix the tax unless the dealer against whom it is assessed shall, 65 within 30 days after the giving of notice of such determination, 66 apply to the division for a hearing. Judicial review shall not 67 be granted unless the amount of tax stated in the decision, with 68 penalties thereon, if any, shall have been first deposited with 69 the division, and an undertaking or bond filed in the court in 70 which such cause may be pending in such amount and with such 71 sureties as the court shall approve, conditioned that if such 72 proceeding be dismissed or the decision of the division 73 confirmed, the applicant for review will pay all costs and 74 charges which may accrue against the applicant in the 75 prosecution of the proceeding. At the option of the applicant, 76 such undertaking or bond may be in an additional sum sufficient 77 to cover the tax, penalties, costs, and charges aforesaid, in 78 which event the applicant shall not be required to pay such tax 79 and penalties precedent to the granting of such review by such 80 court. 81 Section 2. Subsection (22) is added to section 561.01, 82 Florida Statutes, to read: 83 561.01 Definitions.—As used in the Beverage Law: 84 (22) “Railroad transit station” means a platform or a 85 terminal facility where passenger trains operating on a guided 86 rail system according to a fixed schedule between two or more 87 cities regularly stop to load and unload passengers or goods. 88 The term includes a passenger waiting lounge and dining, retail, 89 entertainment, or recreational facilities within the licensed 90 premises owned or leased by the railroad operator or owner. 91 Section 3. Paragraph (a) of subsection (2) of section 92 561.20, Florida Statutes, is amended to read: 93 561.20 Limitation upon number of licenses issued.— 94 (2)(a) TheNo suchlimitation of the number of licenses as 95hereinprovided in this section does notshall henceforth96 prohibit the issuance of a special license to: 97 1. Any bona fide hotel, motel, or motor court of not fewer 98 than 80 guest rooms in any county having a population of less 99 than 50,000 residents, and of not fewer than 100 guest rooms in 100 any county having a population of 50,000 residents or greater; 101 or any bona fide hotel or motel located in a historic structure, 102 as defined in s. 561.01(21), with fewer than 100 guest rooms 103 which derives at least 51 percent of its gross revenue from the 104 rental of hotel or motel rooms, which is licensed as a public 105 lodging establishment by the Division of Hotels and Restaurants; 106 provided, however, that a bona fide hotel or motel with no fewer 107 than 10 and no more than 25 guest rooms which is a historic 108 structure, as defined in s. 561.01(21), in a municipality that 109 on the effective date of this act has a population, according to 110 the University of Florida’s Bureau of Economic and Business 111 Research Estimates of Population for 1998, of no fewer than 112 25,000 and no more than 35,000 residents and that is within a 113 constitutionally chartered county may be issued a special 114 license. This special license shall allow the sale and 115 consumption of alcoholic beverages only on the licensed premises 116 of the hotel or motel. In addition, the hotel or motel must 117 derive at least 60 percent of its gross revenue from the rental 118 of hotel or motel rooms and the sale of food and nonalcoholic 119 beverages; provided that the provisions of this subparagraph 120 shall supersede local laws requiring a greater number of hotel 121 rooms; 122 2. Any condominium accommodation of which no fewer than 100 123 condominium units are wholly rentable to transients and which is 124 licensed under the provisions of chapter 509, except that the 125 license shall be issued only to the person or corporation which 126 operates the hotel or motel operation and not to the association 127 of condominium owners; 128 3. Any condominium accommodation of which no fewer than 50 129 condominium units are wholly rentable to transients, which is 130 licensed under the provisions of chapter 509, and which is 131 located in any county having home rule under s. 10 or s. 11, 132 Art. VIII of the State Constitution of 1885, as amended, and 133 incorporated by reference in s. 6(e), Art. VIII of the State 134 Constitution, except that the license shall be issued only to 135 the person or corporation which operates the hotel or motel 136 operation and not to the association of condominium owners; 137 4. A food service establishment that hasAny restaurant138having2,500 square feet of service area, isandequipped to 139 serve meals to 150 personsfull course meals at tablesat one 140 time, and derivesderivingat least 51 percent of its gross food 141 and beverage revenue from the sale of food and nonalcoholic 142 beverages during the first 60-day operating period and each 12 143 month operating period thereafter. A food service establishment;144however, no restaurantgranted a special license on or after 145 January 1, 1958, pursuant to general or special law may not 146shalloperate as a package store and may not sell, nor shall147 intoxicating beveragesbe soldunder such license after the 148 hours of serving or consumption of food have elapsed. Failure by 149 a licensee to meet the required percentage of food and 150 nonalcoholic beverage gross revenues during the covered 151 operating period shall result in revocation of the license or 152 denial of the pending license application. A licensee whose 153 license is revoked or an applicant whose pending application is 154 denied, or any person required to qualify on the special license 155 application, is ineligible to have any interest in a subsequent 156 application for such a license for a period of 120 days after 157 the date of the final denial or revocation; or 158 5. Any caterer, deriving at least 51 percent of its gross 159 revenue from the sale of food and nonalcoholic beverages, 160 licensed by the Division of Hotels and Restaurants under chapter 161 509. Notwithstanding any other provision of law to the contrary, 162 a licensee under this subparagraph shall sell or serve alcoholic 163 beverages only for consumption on the premises of a catered 164 event at which the licensee is also providing prepared food, and 165 shall prominently display its license at any catered event at 166 which the caterer is selling or serving alcoholic beverages. A 167 licensee under this subparagraph shall purchase all alcoholic 168 beverages it sells or serves at a catered event from a vendor 169 licensed under s. 563.02(1), s. 564.02(1), or licensed under s. 170 565.02(1) subject to the limitation imposed in subsection (1), 171 as appropriate. A licensee under this subparagraph may not store 172 any alcoholic beverages to be sold or served at a catered event. 173 Any alcoholic beverages purchased by a licensee under this 174 subparagraph for a catered event that are not used at that event 175 must remain with the customer; provided that if the vendor 176 accepts unopened alcoholic beverages, the licensee may return 177 such alcoholic beverages to the vendor for a credit or 178 reimbursement. Regardless of the county or counties in which the 179 licensee operates, a licensee under this subparagraph shall pay 180 the annual state license tax set forth in s. 565.02(1)(b). A 181 licensee under this subparagraph must maintain for a period of 3 182 years all records required by the department by rule to 183 demonstrate compliance with the requirements of this 184 subparagraph, including licensed vendor receipts for the 185 purchase of alcoholic beverages and records identifying each 186 customer and the location and date of each catered event. 187 Notwithstanding any provision of law to the contrary, any vendor 188 licensed under s. 565.02(1) subject to the limitation imposed in 189 subsection (1), may, without any additional licensure under this 190 subparagraph, serve or sell alcoholic beverages for consumption 191 on the premises of a catered event at which prepared food is 192 provided by a caterer licensed under chapter 509. If a licensee 193 under this subparagraph also possesses any other license under 194 the Beverage Law, the license issued under this subparagraph 195 shall not authorize the holder to conduct activities on the 196 premises to which the other license or licenses apply that would 197 otherwise be prohibited by the terms of that license or the 198 Beverage Law. Nothing in this section shall permit the licensee 199 to conduct activities that are otherwise prohibited by the 200 Beverage Law or local law. The Division of Alcoholic Beverages 201 and Tobacco is hereby authorized to adopt rules to administer 202 the license created in this subparagraph, to include rules 203 governing licensure, recordkeeping, and enforcement. The first 204 $300,000 in fees collected by the division each fiscal year 205 pursuant to this subparagraph shall be deposited in the 206 Department of Children and Families’ Operations and Maintenance 207 Trust Fund to be used only for alcohol and drug abuse education, 208 treatment, and prevention programs. The remainder of the fees 209 collected shall be deposited into the Hotel and Restaurant Trust 210 Fund created pursuant to s. 509.072. 211 212 However, any license heretofore issued to any such hotel, motel, 213 motor court, or restaurant or hereafter issued to any such 214 hotel, motel, or motor court, including a condominium 215 accommodation, under the general law shall not be moved to a new 216 location, such license being valid only on the premises of such 217 hotel, motel, motor court, or restaurant. Licenses issued to 218 hotels, motels, motor courts, or restaurants under the general 219 law and held by such hotels, motels, motor courts, or 220 restaurants on May 24, 1947, shall be counted in the quota 221 limitation contained in subsection (1). Any license issued for 222 any hotel, motel, or motor court under the provisions of this 223 law shall be issued only to the owner of the hotel, motel, or 224 motor court or, in the event the hotel, motel, or motor court is 225 leased, to the lessee of the hotel, motel, or motor court; and 226 the license shall remain in the name of the owner or lessee so 227 long as the license is in existence. Any special license now in 228 existence heretofore issued under the provisions of this law 229 cannot be renewed except in the name of the owner of the hotel, 230 motel, motor court, or restaurant or, in the event the hotel, 231 motel, motor court, or restaurant is leased, in the name of the 232 lessee of the hotel, motel, motor court, or restaurant in which 233 the license is located and must remain in the name of the owner 234 or lessee so long as the license is in existence. Any license 235 issued under this section shall be marked “Special,” and nothing 236 herein provided shall limit, restrict, or prevent the issuance 237 of a special license for any restaurant or motel which shall 238 hereafter meet the requirements of the law existing immediately 239 prior to the effective date of this act, if construction of such 240 restaurant has commenced prior to the effective date of this act 241 and is completed within 30 days thereafter, or if an application 242 is on file for such special license at the time this act takes 243 effect; and any such licenses issued under this proviso may be 244 annually renewed as now provided by law. Nothing herein prevents 245 an application for transfer of a license to a bona fide 246 purchaser of any hotel, motel, motor court, or restaurant by the 247 purchaser of such facility or the transfer of such license 248 pursuant to law. 249 Section 4. Paragraphs (h) and (i) of subsection (1) of 250 section 561.29, Florida Statutes, are amended to read: 251 561.29 Revocation and suspension of license; power to 252 subpoena.— 253 (1) The division is given full power and authority to 254 revoke or suspend the license of any person holding a license 255 under the Beverage Law, when it is determined or found by the 256 division upon sufficient cause appearing of: 257 (h) Failure by the holder of any license under s. 561.20(1) 258 to maintain the licensed premises in an active manner in which 259 the licensed premises are open for the bona fide sale of 260 authorized alcoholic beverages during regular business hours of 261 at least 6 hours a day for a period of 120 days or more during 262 any 12-month period commencing 18 months after the acquisition 263 of the license by the licensee, regardless of the date the 264 license was originally issued. Every licensee must notify the 265 division in writing of any period during which his or her 266 license is inactive and place the physical license with the 267 division to be held in an inactive status.The division may268waive or extend the requirement of this section upon the finding269of hardship, including the purchase of the license in order to270transfer it to a newly constructed or remodeled location.271However, during such closed period, the licensee shall make272reasonable efforts toward restoring the license to active273status.This paragraph appliesshall applyto all annual license 274 periods commencing on or after July 1, 1981, but doesshallnot 275 apply to licenses issued after September 30, 1988. The division 276 shall, upon written request of the licensee, grant a one-time 277 written waiver or extension of the requirements of this 278 paragraph for a period not to exceed 12 months. Additionally, 279 the division may, upon written request of the licensee, grant a 280 waiver or extension of the requirements of this paragraph for a 281 period not to exceed 12 months if the licensee demonstrates 282 that: 283 1. The licensed premises has been physically damaged to 284 such an extent that active operation of the business at the 285 premises is impracticable; 286 2. Construction or remodeling is underway to relocate the 287 license to another location; 288 3. The licensed premises is prohibited from making sales as 289 the result of an order of a court of competent jurisdiction, or 290 the action or inaction of a governmental entity relating to the 291 permitting, construction, or occupational capacity of the 292 physical location of the licensed premises. 293 (i) Failure of aanylicensee havingissuedanew or294transferlicense issued under s. 561.20(1) after September 30, 295 1988,under s. 561.20(1)to maintain the licensed premises in an 296 active manner in which the licensed premises are open for 297 business to the public for the bona fide retail sale of 298 authorized alcoholic beverages during regular and reasonable 299 business hours for at least 8 hours a day for a period of 210 300 days or more during any 12-month period commencing 6 months 301 after the acquisition of the license by the licensee. It is the 302 intent of this act that for purposes of compliance with this 303 paragraph, a licensee shall operate the licensed premises in a 304 manner so as to maximize sales and tax revenues thereon; this 305 includes maintaining a reasonable inventory of merchandise, 306 including authorized alcoholic beverages, and the use of good 307 business practices to achieve the intent of this law. Any 308 attempt by a licensee to circumvent the intent of this law shall 309 be grounds for revocation or suspension of the alcoholic 310 beverage license.The division may, upon written request of the311licensee, give a written waiver of this requirement for a period312not to exceed 12 months in cases where the licensee demonstrates313that the licensed premises has been physically destroyed through314no fault of the licensee, when the licensee has suffered an315incapacitating illness or injury which is likely to be316prolonged, or when the licensed premises has been prohibited317from making sales as a result of any action of any court of318competent jurisdiction. Any waiver given pursuant to this319subsection may be continued upon subsequent written request320showing that substantial progress has been made toward restoring321the licensed premises to a condition suitable for the resumption322of sales or toward allowing for a court having jurisdiction over323the premises to release said jurisdiction, or that an324incapacitating illness or injury continues to exist. However, in325no event may the waivers necessitated by any one occurrence326cumulatively total more than 24 months.AEverylicensee shall 327 notify the division in writing of any period during which his or 328 her license is inactive and place the physical license with the 329 division to be held in an inactive status. For the purpose of 330 calculating compliance with the requirements of this paragraph, 331 a license that is acquired in a transaction that is not an arm’s 332 length transaction, including transfers from relatives, 333 affiliates, subsidiaries, and other related entities, retains 334 and is subject to the first related transferor’s date of 335 acquisition and related periods of operation. The division 336 shall, upon written request of the licensee, grant a one-time 337 written waiver or extension of the requirements of this 338 paragraph for a period not to exceed 12 months. Additionally, 339 the division may, upon written request of the licensee, grant a 340 waiver or extension of the requirements of this paragraph for a 341 period not to exceed 12 months if the licensee demonstrates 342 that: 343 1. The licensed premises has been physically damaged to 344 such an extent that active operation of the business at the 345 premises is impracticable; 346 2. Construction or remodeling is underway to relocate the 347 license to another location; 348 3. The licensed premises has been prohibited from making 349 sales as the result of any order of any court of competent 350 jurisdiction, or any action or inaction of a governmental entity 351 relating to the permitting, construction, or occupational 352 capacity of the physical location of the licensed premises. 353 Section 5. Section 561.4205, Florida Statutes, is created 354 to read: 355 561.4205 Keg deposits; limited alternative inventory and 356 reconciliation process.— 357 (1) A distributor selling an alcoholic beverage to a vendor 358 in bulk, by recyclable keg or other similar reusable container, 359 for the purpose of sale in draft form on tap, must charge the 360 vendor a deposit, to be referred to as a “keg deposit,” in an 361 amount not less than that charged to the distributor by the 362 manufacturer for each keg or container of the beverage sold. The 363 deposit amount charged to a vendor for a draft keg or container 364 of a like brand must be uniform. Charges made for deposits 365 collected or credits allowed for empty kegs or containers 366 returned must be shown separately on all sale tickets or 367 invoices. A copy of such sales tickets or invoices must be given 368 to the vendor at the time of delivery. 369 (2) In lieu of receiving a keg deposit, a distributor 370 selling alcoholic beverages by recyclable keg or other similar 371 reusable container for the purpose of sale in draft form to a 372 vendor identified in s. 561.01(18) or s. 565.02(6) or (7) shall 373 implement an inventory and reconciliation process with such 374 vendor in which an accounting of kegs is completed and any loss 375 or variance in the number of kegs is paid for by the vendor on a 376 per-keg basis equivalent to the required keg deposit. This 377 inventory and reconciliation process may occur twice per year, 378 at the discretion of the distributor, but must occur at least 379 annually. Upon completion of an agreed upon keg inventory and 380 reconciliation, the vendor shall remit payment within 15 days 381 after receiving an invoice from the distributor. The vendor may 382 choose to establish and fund a separate account with the 383 distributor for the purpose of expediting timely payments. 384 Section 6. Section 561.422, Florida Statutes, is amended to 385 read: 386 561.422 Nonprofit civic organizations, charitable 387 organizations, municipalities, and counties; temporary permits. 388 Upon the filing of an application, presentation of a local 389 building and zoning permit, and payment of a fee of $25 per 390 permit, the director of the division may issue a permit 391 authorizing a bona fide nonprofit civic organization, charitable 392 organization, municipality, or county to sell alcoholic 393 beverages for consumption on the premises only, for a period not 394 to exceed 3 days, subject to any state law or municipal or 395 county ordinance regulating the time for selling such beverages. 396 All net profits from sales of alcoholic beverages collected 397 during the permit period by a nonprofit or civic organization 398 must be retained by such organizationsthe nonprofit civic399organization. All net profits from sales of alcoholic beverages 400 collected during the permit period by a municipality or county 401 must be donated to a nonprofit civic or charitable organization 402 within 90 days after the permitted event. A municipality or 403 county may only be issued such a temporary permit if it has 404 attempted to solicit a qualified nonprofit civic or charitable 405 organization to conduct such sales but has been unable to find 406 such a qualifying organization in a reasonably practicable 407 manner and timeframe. A nonprofitAny suchcivic organization, 408 charitable organization, municipality, or county may be issued 409 no more than 12only three suchpermits per calendar year. 410 Notwithstanding other provisions of the Beverage Law, a 411 nonprofitanycivic organization, charitable organization, 412 municipality, or county licensed under this section may purchase 413 alcoholic beverages from a distributor or vendor licensed under 414 the Beverage Law. The division may adopt rules and conduct 415 audits to ensure compliance with this section. 416 Section 7. Effective upon this act becoming a law, 417 paragraph (a) of subsection (7) of section 563.06, Florida 418 Statutes, is amended to read: 419 563.06 Malt beverages; imprint on individual container; 420 size of containers; exemptions.— 421 (7) Notwithstanding any other provision of the Beverage 422 Law, a malt beverage may be packaged in a growler, which is an 423 individual container that holds 32, 64, or 128 ounces of such 424 malt beverage if it is filled at the point of sale. 425 (a) A growler may be filled or refilled by any of the 426 following: 427 1. A licensed manufacturer of malt beverages holding a 428 vendor’s license under s. 561.221(2). 429 2. A vendor holding a quota license under s. 561.20(1) or 430 s. 565.02(1)(a) whichthatauthorizes the sale of malt 431 beverages. 432 3. A vendor holding a license under s. 563.02(1)(b)-(f), s. 433 564.02(1)(b)-(f), or s. 565.02(1)(b)-(f), unless such license 434 restricts the sale of malt beverages to sale for consumption 435 only on the premises of such vendor. 436 4. A vendor holding a license pursuant to s. 563.02(1)(a) 437 or s. 564.02(1)(a), having held that license in current, active 438 status on June 30, 2015, subject to the following requirements: 439 a. The vendor proves, to the satisfaction of the division, 440 that the vendor had draft equipment and tapping accessories 441 installed and had purchased kegs before June 30, 2015. 442 b. The growlers are filled or refilled by the vendor or the 443 vendor’s employee aged 18 or older. 444 c. The taps or mechanisms used to fill or refill the 445 growlers are not accessible to customers. 446 d. The growlers meet the labeling and sealing requirements 447 of paragraph (b). 448 e. The vendor does not permit consumption on premises, 449 including tastings or other sampling activities. 450 Section 8. Subsections (2) and (9) of section 565.02, 451 Florida Statutes, are amended to read: 452 565.02 License fees; vendors; clubs; caterers; and others.— 453 (2) AnAnyoperator of railroads or sleeping cars, or a 454 vendor in a railroad transit station, in this state may obtain a 455 license to keep for sale and to sell the beverages mentioned in 456 the Beverage Lawon passenger trainsupon the payment of an 457 annual license tax of $2,500, the tax to be paidto the 458 division. A municipality or county may not require an additional 459 license or levy a tax for the privilege of selling such 460 beverages. 461 (a) Operators of railroads or sleeping cars in this state 462 are authorizedSuch license shall authorize the holder thereof463 to keep for sale and to sell all beverages mentioned in the 464 Beverage Law for consumption upon any dining, club, parlor, 465 buffet, or observation car of a passenger train in which 466 certified copies of the licenses issued to the operators are 467 posted. Certified copies of such licenses shall be issued by the 468 division upon the payment of a $10 feeoperated by it in this469state, but such beverages may be sold only to passengers upon470the cars and must be served for consumption thereon. It is471unlawful for such licensees to purchase or sell any liquor472except in miniature bottles of not more than 2 ounces. AEvery473suchlicense for the sale of alcoholic beverages on a passenger 474 train shall be good throughout the state. Except for alcoholic 475 beverages sold within the licensed premises of a railroad 476 transit station, it is unlawful for such licensees to purchase 477 or sell any liquor on a passenger train except in miniature 478 bottles of not more than 2 ounces.No license shall be required,479or tax levied by any municipality or county, for the privilege480of selling such beverages for consumption in such cars. Such481beverages shall be sold only on cars in which are posted482certified copies of the licenses issued to such operator. Such483certified copies of such licenses shall be issued by the484division upon the payment of a tax of $10.485 (b) A vendor in a railroad transit station is authorized to 486 keep for sale and to sell all beverages mentioned in the 487 Beverage Law. A license issued to a vendor in a railroad transit 488 station may not be transferred to locations beyond the railroad 489 transit station. The alcoholic beverages sold are for 490 consumption on the licensed premises and may be consumed in all 491 areas within the railroad transit station and on a passenger 492 train. Operators of railroads and sleeping cars shall keep 493 separate the alcoholic beverages intended for sale on passenger 494 trains and the alcoholic beverages intended for sale in the 495 railroad transit station. 496 (9)(a) As used in this subsection, the term: 497 1. “Annual capacity” means an amount equal to the number of 498 lower berths on a vessel multiplied by the number of 499 embarkations of that vessel during a calendar year. 500 2. “Base rate” means an amount equal to the total taxes and 501 surcharges paid by all permittees pursuant to the Beverage Law 502 and chapter 210 for sales of alcoholic beverages, cigarettes, 503 and other tobacco products taking place between January 1, 2015, 504 and December 31, 2015, inclusive, divided by the sum of the 505 annual capacities of all vessels permitted pursuant to former s. 506 565.02(9), Florida Statutes 2015, for calendar year 2015. 507 3. “Embarkation” means an instance in which a vessel 508 departs from a port in this state. 509 4. “Lower berth” means a bed that is: 510 a. Affixed to a vessel; 511 b. Not located above another bed in the same cabin; and 512 c. Located in a cabin not in use by employees of the 513 operator of the vessel or its contractors. 514 5. “Quarterly capacity” means an amount equal to the number 515 of lower berths on a vessel multiplied by the number of 516 embarkations of that vessel during a calendar quarter. 517 (b) It is the finding of the Legislature that passenger 518 vessels engaged exclusively in foreign commerce are susceptible 519 to a distinct and separate classification for purposes of the 520 sale of alcoholic beverages, cigarettes, and other tobacco 521 products under the Beverage Law and chapter 210. 522 (c) Upon the filing of an application and payment of an 523 annual fee of $1,100, the director is authorized to issue a 524 permit authorizing the operator, or, if applicable, his or her 525 concessionaire, of a passenger vessel which has cabin-berth 526 capacity for at least 75 passengers, and which is engaged 527 exclusively in foreign commerce, to sell alcoholic beverages, 528 cigarettes, and other tobacco products on the vessel for 529 consumption on board only: 530 1.(a)For no more thanDuring a period not in excess of24 531 hours beforeprior todeparture while the vessel is moored at a 532 dock or wharf in a port of this state; or 533 2.(b)At any time while the vessel is located in Florida 534 territorial waters and is in transit to or from international 535 waters. 536 537 One such permit shall be required for each such vessel and shall 538 name the vessel for which it is issued. No license shall be 539 required or tax levied by any municipality or county for the 540 privilege of selling beverages, cigarettes, or other tobacco 541 products for consumption on board such vessels. The beverages, 542 cigarettes, or other tobacco products so sold may be purchased 543 outside the state by the permittee, and the same shall not be 544 considered as imported for the purposes of s. 561.14(3) solely 545 because of such sale. The permittee is not required to obtain 546 its beverages, cigarettes, or other tobacco products from 547 licensees under the Beverage Law or chapter 210. Each permittee,548but itshall keep a strict account of the quarterly capacity of 549 each of its vesselsall such beverages sold within this state550 and shall make quarterlymonthlyreports to the division on 551 forms prepared and furnished by the division.A permittee who552sells on board the vessel beverages withdrawn from United States553Bureau of Customs and Border Protection bonded storage on board554the vessel may satisfy such accounting requirement by supplying555the division with copies of the appropriate United States Bureau556of Customs and Border Protection forms evidencing such557withdrawals as importations under United States customs laws.558 (d) EachSuchpermittee shall pay to the state aan excise559 tax for beverages, cigarettes, and other tobacco products sold 560 pursuant to this subsection in an amount equal to the base rate 561 multiplied by the permittee’s quarterly capacity during the 562 calendar quarter, less any tax or surcharge already paid by a 563 licensed manufacturer or distributor pursuant to the Beverage 564 Law or chapter 210 on beverages, cigarettes, and other tobacco 565 products sold by the permittee pursuant to this subsection 566 during the quarter for which tax is duesection, if such excise567tax has not previously been paid, in an amount equal to the tax568which would be required to be paid on such sales by a licensed569manufacturer or distributor. 570 (e) A vendor holding such permit shall pay the tax 571 quarterlymonthlyto the division at the same time he or she 572 furnishes the required report. Such report shall be filed on or 573 before the 15th day of each calendar quartermonthfor the 574 quarterly capacitysales occurringduring the previous calendar 575 quartermonth. 576 (f) By August 1, 2016, each permittee shall report the 577 annual capacity for each of its vessels for calendar year 2015 578 to the division on forms prepared and furnished by the division. 579 By September 1, 2016, the division shall calculate the base rate 580 and report it to each permittee. The base rate shall also be 581 published in the Florida Administrative Register and on the 582 department’s website. 583 (g) Revenues collected pursuant to this subsection shall be 584 distributed pursuant to s. 561.121(1). 585 Section 9. Section 565.04, Florida Statutes, is amended to 586 read: 587 565.04 Package store restrictions.— 588 (1) Vendors licensed under s. 565.02(1)(a) shall not in 589 said place of business sell, offer, or expose for sale any 590 merchandise other than such beverages, and such places of 591 business shall be devoted exclusively to such sales; provided, 592 however, that such vendors shall be permitted to sell bitters, 593 grenadine, nonalcoholic mixer-type beverages (not to include 594 fruit juices produced outside this state), fruit juices produced 595 in this state, home bar, and party supplies and equipment 596 (including but not limited to glassware and party-type foods), 597 miniatures of no alcoholic content, and tobacco products. Such 598 places of business shall have no openings permitting direct 599 access to any other building or room, except to a private office 600 or storage room of the place of business from which patrons are 601 excluded. 602 (2) Notwithstanding any other law, when delivering 603 alcoholic beverages to a vendor licensed under s. 565.02(1)(a), 604 a licensed distributor may transport the beverages through 605 another premises owned in whole or in part by the vendor. 606 Section 10. Except as otherwise expressly provided in this 607 act and except for this section, which shall take effect upon 608 this act becoming a law, this act shall take effect July 1, 609 2016.