Notices of Development of Rulemaking and Notice of Meeting/Workshop Hearing:
The Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco announces a workshop to which all persons are invited.
DATE AND TIME: September 27, 2018, 9:00 a.m.
PLACE: 1400 Commercial Blvd., Room 195, Ft. Lauderdale, FL 33309.
GENERAL SUBJECT MATTER TO BE CONSIDERED: Development of Rules 61A-3.054, Party-Type Supplies and 61A-3.055, Items Customarily Sold in a Restaurant, F.A.C.
A copy of the agenda may be obtained by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
For more information, you may contact: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.
RULE NO.: RULE TITLE:
61A-5.0105 Beverage Licenses, New Quota Issue
PURPOSE AND EFFECT: To update and consolidate language regarding the quota drawing entry procedure.
SUBJECT AREA TO BE ADDRESSED: To update the quota drawing entry procedure by consolidating information regarding the Quota License Drawing Entry Form, found in Rule 61A-5.747, F.A.C., into Rule 61A-5.0105, F.A.C., and incorporating the Quota License Drawing Entry Form into Rule 61A-5.0105, F.A.C.
RULEMAKING AUTHORITY: 561.11 FS.
LAW IMPLEMENTED: 120.57, 561.14, 561.15, 561.17, 561.18, 561.19, 561.20 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Rebecca Hays, Counsel for Compliance and Regulatory Programs, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399, (850)717-1314.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.
Notice of Emergency Rule:
This emergency rule defines “established price” as used in s. 210.25(13), F.S., and concerns the assessment of tobacco products. The rule states that the established price of a tobacco product includes all costs of sale between a manufacturer and a distributor; the plain meaning of the statute.
Effective Date: March 9, 2016 Expiration Date: June 7, 2016
Proposed and Final Tax Assessments
Final Refund Denials: 61A-2.024
Special Food Service Licenses
Special Food Service Licenses: 61A-3.0141 The purpose and effect of the proposed rule amendments is to update, add clarity, and omit obsolete references to the current rule which addresses requirements for special restaurant licenses.
July 16, 2015
July 14, 2016
May 17, 2016
March 9, 2015
Licensing Manufacturers as Vendors
Licensing Manufacturers as Vendors: 61A-3.056 The purpose and effect of the proposed rule is to define applicable license qualifications and create a license application. The Division does not anticipate preliminary rule language to be prepared in advance of the workshop on March 3, 2015.
Malt Beverage, Keg Deposits
Deliveries to Vendors
Passenger Vessels Engaged In Foreign Commerce
Passenger Vessels Engaged In Foreign Commerce: 61A-4.041 This rule establishes the process by which passenger vessel permittees will report quarterly capacity and the associated taxes due based on the amended tax method applicable to this classification of licenses regulated by the division.
Application for Vehicle Permits
02/25/2016 – Informational Bulletin 2016-001: Manufacturing of Cider or Mead in Florida
Cider is a beverage created most commonly by fermenting the juice of apples and may include flavored, sparkling, or carbonated cider varieties. This informational bulletin discusses the current authority for manufactoring cider or mead, the licenses required, and excise taxes applicable under the Florida Beverage Law.
Updated Annual Fees for Alcoholic Beverage Licenses Become Effective October 1, 2018
Beverage License Fees in Baker, Bradford , and Jackson Counties to Decrease Based on Changes in County Population
The Florida Division of Alcoholic Beverages and Tobacco Annual License Fees list, effective October 1, 2018, is available here. The updated fee list includes changes in license fees attributable to reported decreases in the estimated county populations of Baker, Bradford, and Jackson counties.
Based on the University of Florida’s Bureau of Economic and Business Research, 2017 Florida Estimates of Population, the estimated populations of Baker County (24,808) and Bradford County (24,673) each decreased to less than 25,000. Accordingly, the license series for spirituous alcoholic beverage licenses in Baker and Bradford Counties will change from 7COP to 8COP for consumption on premises licenses and from 3CPS to 3DPS for package sales only licenses. The decrease in population also qualifies alcoholic beverage licenses in these counties to be issued at the fee rate applicable to licenses in counties with a population less than 25,000.
For Jackson County, the 2017 Florida Estimates of Population reflect an estimated population of 43,055, which qualifies alcoholic beverage licenses in the county to be issued at the fee rate applicable to licenses in counties with a population between 25,000 and not more than 50,000. The license series for spirituous alcoholic beverage licenses in Jackson County also will change from 6COP to 7COP for consumption on premises licenses and from 3BPS to 3CPS for package sales only licenses.
Notice of Public Hearing
Notice of Public Hearing to be held December 11, 2017. Click Here to review the complete notice.
Jackson County Voters Elect to Permit Alcoholic Beverages
Sales Options Approved by Voters Will Expand Choices of License Types in Jackson County On November 14, 2017, Jackson County held a local option election pursuant to Chapter 567, Florida Statutes, in which a majority of registered voters approved of permitting alcoholic beverages containing more than 6.243 percent of alcohol by volume to be sold by the drink on the licensed premises of retail vendors. Previously, retail vendor premises located within Jackson County and holding a license issued by the Division of Alcoholic Beverages and Tobacco were restricted to sales by the package in sealed containers for consumption off the premises where sold, or if offered by the drink for consumption on the premises, restricted to sales of alcoholic beverages containing no more than 6.243 percent of alcohol by volume. Pursuant to section 567.12, F.S., any resident of Jackson County shall have the right to test the legality and regularity of the election by suit in equity in the circuit court of the county. Florida law requires such suit to test the validity of the local option election to be filed within 90 days after the recording of the declaration of the result of the election in the minutes of the board of county commissioners. HOW DOES THIS IMPACT MY LICENSE OPTIONS IN JACKSON COUNTY? The holder of a 1APS, 1COP. 2APS, or 2COP license will be authorized to sell malt or vinous beverages containing more than 6.243 percent of alcohol by volume so long as the products are permitted to be sold in Florida within the restrictions of the license type currently held. The holder of a series 3BPS quota alcoholic beverage license, which is restricted to sales by the package only, may apply to change the license to a 6COP license series to permit the sale of any alcoholic beverages by the drink for consumption on the premises. Applicants and current licensees also may consider one of several special license types in the 6COP series which are authorized for the sale of intoxicating liquors by the drink for consumption on the premises, such as a special food service establishment license (6COP-SFS). Click here to view a list of the types of licenses eligible for the sale of alcoholic beverages by the drink for consumption on the licensed premises. Note that several specialty license types featured on the list may require special qualifications which must be met prior to the issuance of the license. HOW CAN I APPLY FOR A LICENSE OR FOR A CHANGE TO A LICENSE SERIES? The application and instructions to apply for an alcoholic beverage license or a change in license series are available through the Department of Business and Professional Regulation’s Application Center. Completed applications may be submitted to any district office of the Division – for office locations, click here.
Industry Notice 2017-001 Regarding Spirituous Seltzer Beverages
Industry Notice 2017-001 is intended to provide general information regarding the Division’s approach to regulation of non-malt spirituous seltzer beverage products under the Florida Beverage Law and to encourage industry members whose portfolio includes these or similar alcoholic beverage products to evaluate and determine whether modifications, if any, may be necessary for the member’s brand registration, license series, or tax reporting for continued distribution or sales of these products. Click Here to review the complete notice.
Excise Tax Rate On Pear Cider
During the 2016 Legislative Session, Chapter 564.06, Florida Statutes was amended to include pear cider in the special taxing rate of $.89 per gallon. Click for more information on this change.
The Department of Business & Professional Regulation, Division of Alcoholic Beverages & Tobacco, is informing the alcoholic beverage industry that the Division has investigated and continues to investigate/audit all aspects of pool buying including, but not limited to, proper record keeping, the conduct of pool buying agents, pool buying members and distributors. Pool buying is a limited exception to the prohibition against vendor to vendor sales. Unfortunately, as a result of the Division’s ongoing investigations/compliance audits, it has become apparent that not all industry members are adhering to Florida Administrative Code rule 61A-4.0501. Pool buying agents, pool buying members and distributors must comply with all Florida Beverage Laws and Rules. Failing to comply will result in the initiation of administrative proceedings pursuant to Section 561.29, Florida Statutes. To that end, the Division’s ongoing compliance audits will include an increased focus on potential pool buying violations.
Tied House Evil
The Division of Alcoholic Beverages and Tobacco has investigated and continues to investigate alleged violations of Florida’s Tied House Law, Section 561.42, Florida Statutes. These investigations have led to administrative action by the Division regarding transactions between licensed wholesale distributors and licensed retail vendors (restaurants, bars, etc.) for unlawful compensation, either directly or indirectly through third party marketing companies, in violation of Section 561.42, Florida Statutes, and the rules implementing this statute. As a result of the Division’s ongoing investigations and administrative action, certain industry members are adhering to, and the Division has approved, the following set of guidelines in a cooperative effort to cease any further potential unlawful activity generated through marketing companies:
- A distributor, manufacturer, their agent, or marketing company shall not pay a retail vendor to place its brands in the retail vendor’s business.
- A retail vendor, their agent, or marketing company shall not accept any payment from a distributor, manufacturer, or their agent or marketing company for the purchase of any distributors or manufacturers brands.
- A marketing company shall not provide things of value or perform services paid for by the distributor or manufacturer that benefit a retail vendor which cannot be performed legally by the distributor.
Wholesale distributors are requiring signed compliance certifications from all alcoholic beverage marketing companies that incorporate the above guidelines and certifying that they have no ownership interest in any retail vendor licensed to sell alcoholic beverages in the State of Florida before any marketing or promotional services may be performed. All distributors and retail vendors must comply with all Florida Beverage Laws, specifically Section 561.42, Florida Statutes, and the related tied House rules implementing this statute. Utilization of marketing companies in any manner which fails to comply will result in the initiation of administrative proceedings against both licensed distributors and retail vendors pursuant to Section 561.29(1)(k), Florida Statutes. To that end, the Division’s wholesale compliance audits will include an increased focus on potential tied house evil violations and third party marketing agreements.
Beverage Law Related to the Direct Shipment of Wine
Florida’s Beverage Law is contained in chapters 561, 562, 563, 564, 565, 567, and 568, Florida Statutes. In 2005, a federal court held that it is unconstitutional for Florida to prohibit the direct shipment of wine by out-of-state wineries while at the same time authorizing the direct shipment of wine by in-state producers. The remainder of the Florida Beverage Law, however, continues to apply to the sale of alcoholic beverages, including the direct shipment of wine by both in-state and out-of-state wineries. The following paragraphs highlight several of those sections of law. However, you should be aware that these paragraphs are not intended to provide you with an exhaustive summary of the Beverage Law. You should refer to the statutes themselves, as well as the Department’s rules, in order to familiarize yourself with the entirety of Florida’s Beverage Law, including the full range of penalties for noncompliance. Florida’s Three-Tier Alcoholic Beverage Licensing Structure Florida’s Beverage Law makes it a second degree misdemeanor to manufacture, bottle, distribute, sell, or in any way deal in alcoholic beverages without first obtaining a license from the State. Section 562.12, Florida Statutes. Florida’s three-tier system provides that licensees may only hold licenses within one tier of the system, either as a manufacturer, distributor, or vendor, although Florida law permits Florida wineries to hold a license in more than one tier. Section 561.14, Florida Statutes, provides that manufacturers of alcoholic beverages must be licensed as manufacturers. Distributors must be licensed and may purchase alcoholic beverages from manufacturers to sell to retail vendors only. A retail vendor must be licensed and may sell alcoholic beverages to consumers 21 years of age or older. Florida’s Beverage Law prohibits any person from holding a license at any tier if he or she “has been convicted within the last past 5 years of any offense against the beverage laws of this state, the United States, or any other state; who has been convicted within the last past 5 years in this state or any other state or the United States of soliciting for prostitution, pandering, letting premises for prostitution, or keeping a disorderly place or of any criminal violation of chapter 893 or the controlled substance act of any other state or the Federal Government; or who has been convicted in the last past 15 years of any felony in this state or any other state or the United States ….” Section 561.15, Florida Statutes. That same prohibition applies to a corporation where any of its officers have been convicted of any of the offenses listed above. General Prohibitions Regarding Selling or Serving Alcohol Florida’s Beverage law provides that ‘sale’ and ‘sell’ mean any transfer of an alcoholic beverage for consideration, any gift of an alcoholic beverage in connection with, or as a part of, a transfer of property other than an alcoholic beverage for a consideration, or the serving of an alcoholic beverage by a club licensed under the Beverage Law.”Section 561.01, Florida Statutes. Florida’s legal drinking age is 21, and Florida’s Beverage Law makes it “unlawful for any person to sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age ….” Section 562.11, Florida Statutes. It is illegal to sell alcoholic beverages without a license or, in the case of licensees, to sell alcoholic beverages except as permitted by his or her license. Section 562.12, Florida Statutes. It is also illegal to sell any intoxicating liquors, wines, or beer in any county that has voted against the sale of such beverages. Section 568.02, Florida Statutes. Prohibitions and Penalties for Failure to Comply with Florida’s Excise Tax Florida’s Beverage Law prohibits the ownership, possession, purchase, sale, serving, distribution or storage of any alcoholic beverage within the State unless the required excise tax has been paid on the beverage. Sections 562.01 and 562.15, Florida Statutes. Florida’s Beverage Law provides a number of penalties for possession of alcoholic beverages on which no excise tax has been paid. First, possession of any alcoholic beverage on which tax has not been paid constitutes prima facie evidence that the beverage is being manufactured, sold, removed or concealed with design to evade payment of the excise tax. Section 562.30, Florida Statutes. The only exceptions made are for: licensed manufacturers or distributors, state bonded warehouses, and common carriers. Second, in addition to any other fines and penalties, Florida’s Beverage Law imposes personal liability on any person or corporation in possession of any such alcoholic beverages. Section 562.16, Florida Statutes. The only exceptions made are for: licensed manufacturers and distributors, state bonded warehouses, common carriers, and persons in possession of less than one gallon of such beverages as long as the beverages were purchased by that person outside of Florida in accordance with the laws of the place of purchase. Finally, the willful violation of any provision of Florida’s Beverage Law concerning the excise tax constitutes a felony of the third degree. Section 562.45, Florida Statutes.
For reference, the Division has compiled declaratory statements issued from 1995 – present, available here: Index of Declaratory Statements. The index includes the subject area, petitioner name, year issued, and a link to review the filed copy of each declaratory statement. The Division of Alcoholic Beverages & Tobacco is pleased to provide Declaratory Statements that have been issued by the division. This is provided for the benefit of our customers and as a continuing improvement to our service. These statements makes available for viewing and downloading division declaratory statements issued starting in the year 1995. The index includes the subject area, petitioner name, and the year issued. Select and click on the underlined case name to view or download your selected declaratory statement. This index will be amended as declaratory statements are issued. Directions for Use: The declaratory statements are in PDF format. Download Adobe Reader to view and print PDF documents.
- Regarding interpretation of Title XXXIV §564.08 and §561.42 with regards to the subject of a Winemaker’s Dinner. Such an event is usually held at an on-premise licensed facility such as a restaurant, wherein several courses of a meal are prepared specifically to complement particular Wines, which are poured in conjunction with each course as it is served. These events are generally open to the public with reservations required. The wine is purchased by the retailer through customary distribution channels. (3/12/2014)
- Bottle Club, LLC d/b/a Eyz Wide Shut II – Whether beverage law prohibits EWS, a Florida corporation holding an alcoholic beverage license and doing business in Hillsborough County, from using the licensed premises of a third party – BYOB Club, Inc. the proposed holder of a bottle club license – as the entrance to its licensed premises (9/25/2013)
- Bottle Club, LLC d/b/a Eyz Wide Shut II – Whether beverage law prohibits EWS, a Florida corporation holding an alcoholic beverage license and doing business in Hillsborough County, from using the licensed premises of a third party – BYOB Club, Inc. the proposed holder of a bottle club license – as the entrance to its licensed premises (6/3/2013)
- Home Rolled, Inc. – Whether “raw” tobacco leaves, with stem intact, fall within the definition of “tobacco products” and whether they are subject to surcharges set forth within Part II of Chapter 210 (12/12/12)
- Jacksonville Kennel Club, Inc., and JGR Services, Inc. – Whether installing certain arcade machines at the facilities would subject their licenses to discipline by the DBPR’s Division of Pari-Mutuel Wagering, Division of Alcoholic Beverages and Tobacco, and Division of Hotels and Restaurants (10/26/12)
- Astor Post No. 9986 Veterans of Foreign Wars of the United States, Inc. – request for interpretation of 61A-1.0104 regarding consumer sweepstakes, drawings, or contests exception; petition was withdrawn (10/2/2012)
- Astor Post No. 9986 Veterans of Foreign Wars of the United States, Inc. – Clarification as to whether a licensee may rent equipment, property from “industry members” (5/7/2012)
- BK Whopper Bar, LLC – Whether Sections 561.22 and/or 561.42(1), Florida Statutes, prohibit BK Whooper Bar, LLC from holding a Florida Alcoholic Beverage License as a retail vendor pursuant to the business structure (3/8/12)
- Schnebly Redland’s Winery – Clarification as to whether a winery may hold a license to sell beer, wine or brandy produced at the winery either by the glass, bottle or case directly to consumers on the winery’s premises (1/4/2012)
- Astor Post No. 9986 Veterans of Foreign Wars of the United States, Inc. – Clarification as the term “industry member”; Petition for Dec. Statement denied because petitioner failed to state a specific set of circumstances (11/30/2011)
- Regency Centers LP – Whether the owner of the shopping center must be disclosed as an interest on its tenant’s beverage license application; Dec Statement denied because the conduct has already occurred (7/7/2011)
- Wawa, Inc. – Whether beverage license may be issued without fingerprints and personal information of trustees and beneficiaries holding greater than 0.5% interest in the corporation (5/6/2011)
- Club Madonna – Allowing consumption of alcoholic beverages at a club without a beverage license (5/5/2011)
- Bottle Club LLC d/b/a Eyz Wide Shut II – Whether Florida beverage laws would prohibit Bottle Club LLC from daily ceasing operation of its 4COP and then operating a bottle club license at the same location; insufficient information provided, Dec Statement denied (4/13/2011)
- Tantus Tobacco Holdings LLC – Petition for Dec. Statement denied because TTH’s failed to give circumstances or specific statute or rule for which the dec. statement was sought (4/13/2011)
- Display Points Group, Inc. – Whether Display Points Group, Inc. business model (digital table tents) is in violation of Florida beverage laws (1/7/2011)
- Gulf Distributing Company of Mobile, LLC- Clarification if secured parking area is considered part of licensed branch warehouse premises (7/26/10)
- Harbour Village Golf & Yacht Club Community Services Association – Issuance of 11C retail beverage license vs 11GC retail beverage license. (7/19/10)
- Groves Community Development District – Eligibility for on-premises consumption only (4COPSCX) liquor license by a civic center (6/15/10)
- Glenn Schaeffer – Petitioner with financial investments in certain entities (8/5/09)
- Charles E. Bailes, III d/b/a ABC Fine Wine and Spirits – Whether distributors of distilled spirits may provide in-store servicing of distilled spirits to retail vendors under Section 561.424, Florida Statutes; A declaratory statement is not proper when there is a related proceeding on the same issues (5/11/07)
- ABC Fine Wine & Spirits – In-store servicing of distilled spirits to retail vendors (5/11/07)
- Havana Club Enterprises, LLC -Request for exemption to The Florida Clean Indoor Air Act for cigar room after dining hours (1/19/06)
- Circle K Stores – Sale of advertising space on multiple digital signage screens (11/8/05)
- Midway Lounge c/o Morgan Howard – Price discrimination by providing some vendors with a discount on malt beverages based on physical structure of license holder’s premises. (10/17/05)
- ABC Liquors, Inc. – Split case charges to different vendors and prohibition of accepting discounts or waivers on charges assessed. (4/21/04)
- Southern Wine & Spirits of America, Inc. – Prohibited gifts or loans of money or property by a manufacturer or distributor to a vendor (7/21/03)
- Superior Liquors, Inc. – Prohibiting licensed vendors from delivering alcoholic beverages to consumers by common carrier (4/2/03)
- Windsor Vineyards, Interventor – Prohibiting licensed vendors from delivering alcoholic beverages to consumers by common carrier (1/2/03)
- Brew-On-Premises / Home Winemaker’s Center – Manufacturers license for businesses who teach individuals to make beer and wine for personal consumption (6/19/02)
- Angostura Holdings, Ltd. – Financial interest between manufacturer or distributer and licensed vendor (7/20/01)
- Fitzpatrick Enterprises, Inc. – Regulation of “Cosmic Jelly” (3/29/01)
- The Great House of Wine, Inc. – Licensed wine distributors – branch offices/warehouse space/consolidated inventory/bonded warehouse (1/7/99)
- Bass, PLC – Foreign malt beverage manufacturer request for additional licenses (7/15/98)
- Friday’s Hospitality Worldwide, Inc. – Vendors business name from trademark – Jack Daniel’s Grill (3/24/98)
- Sega Gameworks LLC – Whether Sections 561.22 and 561.42, Florida Statutes apply to the connection among Seagram, USI, and Gameworks by reason of Seagram’s ownership interest USI (4/17/97)
- Universal City Florida Partners and Joseph E. Seagram and Sons, Inc. – Acquisition of interest in MCA, Inc. resulting in out-of-state distiller/supplier having remote interest in an alcoholic beverage vendor’s license (4/8/96)
- Salvatore A. Italiano – Financial interest of manufacturer requesting issuance of alcoholic beverage license (9/22/95)
2018 Beverage Law (Based on HB 667-Effective July 1, 2018)
Beverage Law: Provides for electronic orders received at vendor’s licensed place of business to be construed as sale made at vendor’s licensed place of business; authorizes vendor to make certain deliveries in third-party vehicle; prohibits manufacturer licensed as vendor from making such deliveries; requires that licensee’s identity & age be verified & documented at time of delivery; requires that deliveries comply with age requirements for selling, giving, or serving alcoholic beverages.
2018 St. Lucie County (Based on HB 891-Effective March 23, 2018)
St. Lucie County: Repeals special act relating to the issuance of alcoholic beverage
2018 Beverage Law (Based on HB 961-Effective October 1, 2018)
Beverage Law: Authorizes malt beverage distributor to give branded glassware to vendors licensed to sell malt beverages for on-premises consumption; requires that glassware bear certain branding; provides an annual limit on amount of glassware distributor may give to vendor; prohibits vendor from selling branded glassware or returning it to distributor for cash, credit, or replacement; requires manufacturers, importers, distributors, & vendors to maintain certain records.
2018 Alcoholic Beverages (Based on HB 1265-Effective July 1, 2018)
Alcoholic Beverages: Removes certain liquor bottle size restrictions for operators
of intrastate railroads & sleeping cars; removes requirement that operators of intrastate railroads & sleeping cars keep separate alcoholic beverages intended for sale on passenger trains & alcoholic beverages intended for sale in railroad transit station.
Craft Distilleries (Based on HB 141-Effective Date June 2, 2017)
House Bill 141 increases the number of factory-sealed individual containers of distilled spirits a craft distillery may sell in a face-to-face transaction with a consumer per calendar year to a maximum of six containers of each branded product.
Division of Alcoholic Beverages and Tobacco (Based on HB 689-Effective Date July 1, 2017)
House Bill 689:
- adds the Agency for Health Care Administration (AHCA) in s. 561.17, F.S., as an agency authorized to certify that an applicant for a consumption on premises license meets the sanitary requirements of the state;
- specifies that a caterer issued a special license pursuant to s. 561.20(2)(a)5., F.S., must derive 51% of gross food and beverage revenue at each catered event from the sale of food and non-alcoholic beverages in order to maintain the license;
- requires licensed caterers to maintain for a period of 3 years all records and receipts for each catered event, including all contracts, customers’ names, event locations, event dates, food purchases and sales, alcoholic beverage purchases and sales, nonalcoholic beverage purchases and sales, and any other records required by department rule;
- clarifies that sake is categorized as wine under the Beverage Law;
- reduces the annual license fee for a craft distillery to $1,000;
- eliminates the fee for a temporary license upon application for the transfer or change in series of a license.
City of Jacksonville, Duval County (Based on HB 1291-Effective Date June 6, 2017)
House Bill 1291:
- authorizes a business located inside the Stadium District of the City of Jacksonville, which is licensed to sell alcoholic beverages to patrons for consumption on the licensed premises, to also sell such beverages to patrons for consumption off the licensed premises during certain special events;
- defines eligible special events (see Chapter 2017-212, L.O.F., for list);
- requires an application fee of $100 once per calendar year for the initial temporary extension of the licensed premises for a special event;
- allows an eligible business to obtain temporary extensions of the premises for subsequent special events during the same calendar year without payment of the $100 fee.
Note: For temporary extensions of premises during any event or dates not covered by the special act or resolution of the Jacksonville City Council, the licensees located within the Stadium District will be subject to general law requirements for applications and related fees for an extension of premises.
Stadium District Map
Stadium District of City of Jacksonville Qualifying Addresses
City of Jacksonville, Duval County (Based on HB 1293-Effective Date June 6, 2017)
House Bill 1293:
- amends Chapter 87-471, as amended by chapter 2016-248, Laws of Florida;
- creates three new special zone areas in the City of Jacksonville – the Murray Hill Commercial Area, the Springfield Commercial Area, and the San Marco Transportation Corridor – for purposes of alcoholic beverage licensing; and
- authorizes issuance of a special alcoholic beverage license to any restaurant located within these special zones, if the restaurant regularly serves full course meals, derives no less than 51% of gross income from the sale of food, and maintains a premises of at least 1,800 square feet and accommodations for a minimum of 100 patrons at tables.
CHAPTER 2017-213Murray Hill Commercial Area Map
Murray Hill Commercial Area Qualifying Addresses
San Marco Transportation Corridor Map
San Marco Transportation Corridor Qualifying Addresses
Springfield Commercial Area Map
Springfield Commercial Area Qualifying Addresses
Northside West, Northside East, and Southbank Map
Northside West, Northside East, and Southbank Qualifying Addresses
Riverside Avondale Map
Historic Riverside Avondale amd Riverside Avondale Qualifying Addresses
Charlotte County (Based on HB 1439-Effective Date June 6, 2017)
House Bill 1439:
- authorizes issuance of special alcoholic beverage licenses to event centers in Charlotte County which have a seating capacity of no more than 800 seats, overall floor space of no more than 10,000 square feet, and derive no less than 51 percent of annual gross income from the sale of event center tickets and food and nonalcoholic beverages that are prepared, served, and consumed on such premises.
- defines an eligible “event center” in Charlotte County as a facility that routinely hosts events with entry granted to customers who have purchased tickets, including, but not limited to, musical concerts and art shows; hosts events sponsored or organized by nonprofit organizations; and which otherwise is not marketed primarily as a food service establishment.
Taxation (Based on HB 7109-Effective Date July 1, 2017)
House Bill 7109 amends the definition of “beer” and “malt beverages” in section 563.01, F.S., to provide that:
- “Beer” means a brewed beverage that meets the federal definition of beer in 27 C.F.R. s. 25.11 and contains less than 6 percent alcohol by volume.
- Malt beverage” means any brewed beverage containing malt.
- The terms “beer” and “malt beverage” have the same meaning when either term is used in the Beverage Law. The terms do not include alcoholic beverages that require a certificate of label approval by the Federal Government as wine or as distilled spirits.
Taxation (Based on HB 7099-Effective Date July 1, 2016)
House Bill 7099 revises multiple sections of law relating to taxes, including several that pertain to the Division of Alcoholic Beverages and Tobacco. The bill expands language to include other persons required to remit cigarette taxes in addition to the dealer; makes changes to definitions for “wholesale sales price” and “affiliate”; provides for two percent of monthly collections of the tax on alcoholic beverages, cigarettes, and tobacco products from passenger vessels to be transferred to the Alcoholic Beverage and Tobacco Trust Fund; applies the same tax rate to cider made from pears that is currently applicable to cider made from apples; establishes a “base rate” for excise taxes on sales of alcoholic beverages, cigarettes, and other tobacco products by passenger vessels, with a quarterly reporting basis for the passenger vessels; and corrects a cross reference prohibiting tobacco in county detention facilities.
Alcoholic Beverages and Tobacco (Based on SB 698-Effective Date July 1, 2016*)
Senate Bill 698 requires the Division of Alcoholic Beverages and Tobacco to grant a one-time written waiver or extension of certain requirements to specified licensees; requiring an alcoholic beverage distributor to charge a deposit for certain alcoholic beverage sales; authorizing the division to issue temporary permits to charitable organizations, municipalities, and counties to sell alcoholic beverages for consumption on the premises of an event; authorizing a licensed distributor to transport alcoholic beverages through certain premises under specified circumstances, etc. See the Division Implementation Summary for more details.
* (except the growler portion which is effective upon becoming law).
Culinary Education Programs (Based on HB 249-Effective Date July 1, 2016)
House Bill 249 authorizes the Division of Alcoholic Beverages and Tobacco to issue a new type of special alcoholic beverage license to culinary education programs which are licensed as a public food service establishment by the Division of Hotels and Restaurants. This new license allows for sales of alcoholic beverages only for consumption on premises of the culinary education program, and, if the culinary education program provides catering services, for consumption on the licensed premises of the catered event.
City of Jacksonville, Duval County (Based on HB 655-Effective Date March 25, 2016)
House Bill 655 expands the areas in Duval County where special requirements apply to the issuance of a special alcoholic beverage license to a restaurant establishment. Specifically, the bill establishes a fifth special zone comprised of nine defined areas to be the Riverside Avondale Commercial Character Areas. The bill defines the Riverside Avondale Commercial Character Areas to be those parts of the Riverside/Avondale Historic District in the City of Jacksonville, Duval County, Florida, as described in the incorporated legal land descriptions included in the bill. Pursuant to the bill, special restaurant alcoholic beverage licenses may be issued in these new zones to restaurants which have a minimum of 1,800 square feet of floor space, a seating capacity of no fewer than 100 seats, and 51 percent of gross income derived from the sale of food and nonalcoholic beverages.
City Of Tallahassee, Leon County (Based on HB 709-Effective Date March 25, 2016)
To become a licensed cosmetologist in the State of Florida you must attend a Florida school of cosmetology and successfully complete a minimum of 1,200 hours of education. Upon the successful completion of the educational hours, a completed cosmetology examination application should be submitted to the Department along with the applicable fees. Once the examination application has been approved, you will receive written notification from the Department’s examination vendor, Pearson VUE, to schedule a date and time for your written cosmetology examination. After successfully passing both portions of the cosmetology examination, you will be issued a cosmetology license. The website for Pearson VUE is www.pearsonvue.com. Exception: Florida cosmetology students qualified to take the examination after completion of only 1,000 hours of education and fail the examination must complete the full 1,200 hours of education before reexamination.
Hillsborough County (Based on HB 1417-Effective Date March 25, 2016)
House Bill 1417 amends the specific criteria which must be satisfied for a restaurant to obtain a special alcoholic beverage license in Hillsborough County. The bill reduces the 4,000 square foot space requirement for the special alcoholic beverage license to 2,500 square feet of restaurant space, which is consistent with general law requirements for this special license. The special requirements for eligible restaurants to maintain no fewer than 100 seats and derive at least 51 percent of gross income from the sale of food and nonalcoholic beverages remain in effect.
Martin County (Based on HB 1433-Effective Date March 25, 2016)
House Bill 1433 deletes the chapters of law that outline specific local criteria in Martin County for issuance of a special alcoholic beverage license to a hotel, motel, motor court, or restaurant. Effectively, issuance of special alcoholic beverage licenses to these entities will revert to general law criteria of a minimum of 2,500 square feet of space, a seating capacity of no fewer than 150 seats, and at least 51 percent of food and beverage revenue derived from the sale of food and nonalcoholic beverages.
City of Winter Park, Orange County (Based on HB 1329-Effective Date June 10, 2015)
City of Winter Park, Orange County; Repeals provisions relating to alcoholic beverage license exemptions within city.
Pinellas County / Alcoholic Beverages Temporary Permits (Based on HB 1337-Effective Date June 10, 2015)
Pinellas County/Alcoholic Beverage Temporary Permits: Authorizes DBPR’s Division of Alcoholic Beverages & Tobacco to issue up to 15 temporary permits per calendar year to a bona fide nonprofit civic organization, upon application and presentation of a valid special event permit issued by an incorporated municipality in Pinellas County. The temporary permit authorizes the sale of alcoholic beverages for consumption on the premises within a special event permitted area designated by the municipality.
Incorporated Municipalities in Pinellas County, Florida
Malt Beverages (Based on SB 186-Effective Date July 1, 2015)
Malt Beverages; Allows 64 oz. growlers, tasting rooms, manufacturers with multiple licenses can transport product to other facilities, allows manufacturers with multiple licenses to obtain up to 8 vendor licenses, removes one-time $5 vehicle permit.
Craft Distilleries (Based on SB 596-Effective Date July 1, 2015)
Craft Distilleries; Defines “branded product,” revises limit on containers sold by craft distilleries.
Tobacco and Nicotine Product Regulation (Based on SB 224-Effective Date July 1, 2014)
SB224, Tobacco and Nicotine Product Regulation; Allowing alternate signage requirements where a dealer that sells tobacco products also sells nicotine products or nicotine dispensing devices; prohibiting the selling, delivering, bartering, furnishing, or giving of nicotine products or nicotine dispensing devices to persons under 18 years of age; prohibiting self-service merchandising where a retailer sells nicotine products or nicotine dispensing devices, etc.
Alcoholic Beverages Licenses, Lake and Sumter Counties (Based on HB 605-Effective Date May 12, 2014)
HB605, Town of Lady Lake, Lake County, and Sumter County, was approved by the Governor on May 12, 2014. The bill determines that the owner, operator, or controlling entity of the individual entities making up the entertainment or lodging complex within the commercial district of a retirement complex in the Town of Lady Lake in Lake County or in Sumter County need not be the same for the special license to be authorized by the Division of Alcoholic Beverages and Tobacco.
City of Panama City, Bay County (Based on HB 911-Effective Date May 12, 2014)
CS/HB911, City of Panama City, Bay County, was approved by the Governor on May 12, 2014. The bill authorizes the Division of Alcoholic Beverages and Tobacco to give up to 15 special allowances per calendar year to bona fide consumption on the premises licensees for sale of alcoholic beverages in open containers to be removed from the premises by patrons at outdoor events in two Panama City areas designated as entertainment districts. These permits are in addition to any other temporary permits per calendar year currently allowed by law.
City of Ocala, Marion County (Based on HB 1443-Effective Date May 12, 2014)
CS/CS/HB1443, City of Ocala, Marion County, was approved by the Governor on May 12, 2014. The bill allows the Division of Alcoholic Beverages and Tobacco to issue up to 15 temporary permits per calendar year to a bona fide nonprofit civic organization for sale of alcoholic beverages for consumption on the premises at outdoor events in the Ocala Downtown Area. These permits are in addition to the 3 temporary permits per calendar year currently allowed by law.
City of Vero Beach, Indian River County (Based on HB 1367-Effective Date May 12, 2014)
CS/CS/HB1367, City of Vero Beach, Indian River County, was approved by the Governor on May 12, 2014. The bill allows the Division of Alcoholic Beverages and Tobacco to issue up to 12 temporary permits per calendar year to a bona fide nonprofit civic organization for sale of alcoholic beverages for consumption on the premises at outdoor events in the Vero Beach Downtown Area. These permits are in addition to the 3 temporary permits per calendar year currently allowed by law.
Craft Distilleries (Based on HB 347-Effective Date July 1, 2013)
Allows a licensed distillery that produces 75,000 gallons or less of distilled spirits (liquor) each year to become designated as a “craft distillery” and sell to consumers from their souvenir gift shop. A distillery must provide the division with their decision to qualify as a craft distillery, along with providing a revised sketch or diagram showing that the souvenir gift shop location is owned or leased by the distillery and on property contiguous to the distillery’s production building in this state. If the craft distillery reaches the production limitations of 75,000 gallons, they are to notify the division. At that time, retail sales are prohibited. A craft distiller cannot be affiliated with another distillery that produces more than 75,000 gallons per calendar year. Other requirements are provided in the law.
Drug Paraphernalia (Based on HB 49-Effective Date July 1, 2013)
Makes it unlawful for a person to knowingly and willfully sell or offer for sale at retail any drug paraphernalia, with a few exceptions.
Vehicle Permits (Based on SB 372-Effective Date July 1, 2013)
Authorizing a licensed vendor to transport alcoholic beverages from a distributor’s place of business in vehicles owned or leased by any person who has been disclosed on a license application filed by the vendor and approved by the division. The Bureau of Licensing can expect to see more requests for vehicle permits coming in. These will be processed as currently done, with the exception that other individuals disclosed on the license application can now obtain the vehicle permit. Please read the attached law for more information.
Wine Containers (Based on HB 623 Effective Date July 1, 2013)
On June 14, 2013 Governor Rick Scott signed House Bill 623 into law. The bill gives an exception to the size of containers that wine can be sold in, allowing wine to be sold in reusable containers of 5.16 gallons. The bill does require any sales of wine to consumers as package sales (to be consumed off the licensed premise) to be in the unopened original container, which in effect prohibits smaller containers being filled from the 5.16 gallon container and being sold as to go package sales.
Malt Beverages Coupons (Based on HB 695 - Effective Date July 1, 2013)
HB 695, enacted by the 2013 Legislature, amends Section 561.42, F.S., and prohibits the use or possession of certain types of coupons for malt beverages by alcoholic beverage licensees. Beginning July 1, 2013, it will be unlawful for a licensee under the Beverage Law to possess or use, in physical or electronic format, any type of malt beverage coupon or malt beverage cross-merchandising coupon in this state, if both of the following conditions are true:
- The coupon is produced, sponsored, or furnished, whether directly or indirectly, by an alcohol beverage manufacturer, distributor, importer, brand owner, or brand registrant or any broker, sales agent, or sales person thereof; and
- The coupon is or purports to be redeemable by a vendor or other person who sells malt beverages to consumers in the state.
Note: The new language is specific to beer coupons and does not impact wine or liquor.
Nassau County (Based on HB 1283 - Effective Date June 28, 2013)
An act relating to Nassau County; amending chapter 81-2 440, Laws of Florida; revising criteria for special alcoholic beverage licenses for restaurants within the county; providing an effective date.
Tallahassee-Leon County Civic Center Authority (Based on HB 1285 - Effective Date June 28, 2013)
An act relating to the Tallahassee-Leon County Civic Center Authority, Leon County; abolishing the authority; repealing chapter 2004-435, Laws of Florida, relating to the charter of the authority; designating the Tallahassee-Leon County Civic Center as the “Donald L. Tucker Civic Center”; providing for the erection of suitable markers; requiring the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation to issue a beverage license to Florida State University or its designee; transferring all assets and liabilities of the authority to the university; providing for applicability; providing an effective date.
Madison County (Based on HB 1421 - Effective Date June 28, 2013)
An act relating to Madison County; authorizing the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation to issue a special alcoholic beverage license to certain hotels and motels in the county; providing an effective date.
All requests for publications, documents, forms, applications for licenses, permits and other similar certifications can be obtained by contacting the Customer Contact Center.
Thomas R. Philpot, Director
Division of Alcoholic Beverages & Tobacco
2601 Blair Stone Road
Tallahassee, FL 32399-0791