Allen Douglas, Director
Division of Alcoholic Beverages and Tobacco
1940 North Monroe Street
Tallahassee, FL 32399
Phone: 850.487.1395
Fax: 850.922.5175
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Division of Alcoholic beverages and tobacco
Suwannee County no longer a "Dry County"
Reduced Cigarette Ignition Propensity Standard and Firefighter Protection Act (RCIP)
Surcharge on Cigarettes and Other Tobacco Product
Tailgaters Urging Responsibility and Fun (TURF)
RULE WORKSHOPS
The Division of Alcoholic Beverages and Tobacco will be holding a Rule Workshop for proposed changes to Rule 61A-5.010: Completed Application. The workshop will be on January 11, 2012 beginning at 8:00 am at the DBPR Professions Board Room, 1940 North Monroe Street, Tallahassee, FL. The department anticipates that an additional workshop will be held on this rule.
The full Notice of Meeting/Workshop as posted in the December 2, 2011 FAW is available at: Notice of Meeting/Workshop
A copy of the proposed rule and a copy of the agenda can be found at:
Proposed Rule: 61A-5.010 Proposed Language
The Division of Alcoholic Beverages and Tobacco will be holding a Rule Workshop for proposed changes to Rules 61A-3.03051 Pool Buying Procedures and 61A-4.05011 Cooperative or Pool Buying – Definition; Creation; Record Keeping; Restrictions Rule. The workshop will be on January 12, 2012 beginning at 8:00 am at the DBPR Professions Board Room, 1940 North Monroe Street, Tallahassee, FL.
The full Notice of Meeting/Workshop as posted in the December 16, 2011 FAW is available at:
A copy of the proposed rules and a copy of the agenda can be found at:
Proposed language - 61A-3.03051_11-4-2011
Proposed language - 61A-4.0501_11-4-2011
NOTICE: SUWANNEE COUNTY IS OFFICIALLY NO LONGER A "DRY COUNTY"
On November 16, 2011, the Clerk of the Circuit Court for Suwannee County certified that no challenges to the county’s election to permit the sale of intoxicating liquors had been received within the prescribed time period. As a result, Suwannee County is no longer “dry” and all alcoholic beverage licenses will be issued according to general law. Any restrictions printed on the 1APS, 1COP, 2APS, and 2COP series licenses presently issued to licensees in Suwannee County are no longer valid.
Please note: Series 1APS and 1COP licenses authorize the sale of malt beverages only. Series 2APS and 2COP licenses authorize the sale of malt and vinous beverages only. Licensees holding 2APS and 2COP type licenses may now sell any malt or vinous beverages permitted to be sold in Florida without any additional licensure requirements. Spirituous alcoholic beverages may only be sold by a licensee holding a specialty license such as those issued for restaurants, hotels, golf courses, etc., and which meet specific qualifications prior to the issuance of these licenses.
Click here to view a list of the types of licenses available and the corresponding qualifications.
You may obtain the application and instructions to apply for a specialty liquor license in PDF or Word format.
Once you have completed your application, it may be submitted to any Alcoholic Beverage and Tobacco district office. Appointments are strongly suggested. Click here to find the district office addresses and other pertinent information.
Based on its population, Suwannee County is entitled to five new quota liquor licenses. Persons considered for issuance of these licenses are selected through a double random drawing held pursuant to Section 561.19, Florida Statutes.
The application instructions for filing, and the dates regarding the 45-day application period will be announced as soon as they are available. The actual drawing to select the persons who are entitled to apply for these licenses will occur after all applications received have been reviewed and each application to be included in the drawing is determined to be eligible.
ALERT: FLORIDA ATTORNEY GENERAL ISSUES EMERGENCY RULE SCHEDULING PSYCHOACTIVE “BATH SALTS”
On January 26, 2011, Florida Attorney General Pam Bondi deemed “bath salts” containing psychoactive substances to be a significant threat to health and public safety within the State of Florida. Please see the FDLE Alert Notification in English or Spanish. For additional information you may want to review the FDLE Brief on Bath Salts or the Notice of Emergency Rule issued by Attorney General, Pam Bondi. More information will be posted as it becomes available.
AB&T QUOTA LICENSE WINNERS
The Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation announces the Winners of the Quota Liquor License Drawing for the application period, which began August 16, 2010 and closed on September 29, 2010.
INTRODUCING ONLINE ALCOHOL BRAND REGISTRATION
The division is pleased to announce the new online instant processing system for alcohol brand registrations. Alcohol brand registration can now be completed online. Review the important Brand FAQs for Step-by-Step Online Registration Instructions and answers to frequently asked questions. QUICK START: From the DBPR home page, select APPLY FOR A LICENSE, select Alcoholic Beverages and Tobacco, select Alcohol Brand Registrant and Brand/Label, select Alcohol Brand/Label Registration, scroll to the bottom of the page and select Apply Using Online Services (or select Apply Using a Printable Application).
Online registration can be completed in as little as two minutes. When applicable, the new software will retrieve an image of the federal COLAs from the TTB database automatically.After completing the online process and upon making payment, the alcoholic beverage product is registered and can be shipped to Florida. If you have any problems, please contact the Customer Contact Center at 850.487.1395 and follow the prompts.An agent will be able to assist you.
“ROLL YOUR OWN CIGARETTE MACHINES”
The United States District Court Northern District of Ohio Eastern Division has issued a Temporary Restraining Order. The Temporary Restraining Order has been extended until December 13th, 2010. On December 14th, 2010, a Memorandum Opinion and Order Granting Preliminary Injunction was issued.
There has recently been an increase in the placement of Roll Your Own Cigarette Machines (RYO) in retail establishments.In regards to this, the United States Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau (TTB), has recently issued TTB Ruling Number: 2010-4, dated September 30, 2010.This ruling (TTB Ruling) found that those utilizing these machines in retail establishments are defined as manufacturers under the Internal Revenue Code and must obtain the appropriate federal permit
Florida law provides that anyone who holds the federal permit referenced above is a manufacturer (Florida Definition; manufacturer).
Anyone having specific questions concerning their planned business model should consider submitting a Petition for Declaratory Statement to the Department as permitted under Florida Statutes, (Declaratory Statements).
The list below includes links to SOME provisions in law that individuals may wish to study before making any decisions about engaging in a business utilizing RYOs
FS 210.01 (7),(18),(19),(21)
FS 210.02 (1),(6)
FS 210.04 (5),(6),(9)
FS 210.06 (1),(3)
FS 210.085
FS 210.09 (1)(a),(4)(a)
FS 210.011 (1),(6)
FS 210.15 (1)(h),(2)
FS 210.185 (1)
FS 569.003
Additionally, knowledge of pertinent parts of FS 633.042, Reduced Cigarette Ignition Propensity Standard and Firefighter Protection Act is suggested, (633.042).
This information is intended for guidance only.Each situation may vary, and the Department does not represent that the above information is uniformly applicable.It may be wise to seek knowledgeable, professional counsel when considering whether to engage in an enterprise utilizing RYOs
New Tobacco statute
FS 569.0073 Special provisions; smoking pipes and smoking devices
Introducing AB&T’s Electronic Data Submission (EDS) System
AB&T is proud to announce that electronic data submission is now available.You can now submit your Cigarette and Tobacco reports online or via FTP upload. Click here to get started.
Coming soon Alcoholic Beverages Electronic Submission.
Reduced Cigarette Ignition Propensity Standard and Firefighter Protection Act (RCIP)
The Florida Legislature has found that cigarettes are the leading cause of fire deaths in this state and in the nation.The 2008 Legislature passed into law section 633.042, Florida Statute, requiring all cigarettes sold in Florida beginning January 1, 2010, to be fire safe compliant.The new law, titled “Reduced Cigarette Ignition Propensity Standard and Firefighter Protection Act”, states that no cigarettes may be sold or offered for sale in Florida effective January 1, 2010, unless the cigarettes have been tested in accordance with a specific test method and meet the performance standards specified.A written certification of the testing must be filed by the manufacturer with the Division of Alcoholic Beverages and Tobacco, and the cigarettes must be specifically marked as meeting these standards.Any wholesale dealer or retail dealer purchasing cigarettes on or after January 1, 2010, must only purchase cigarettes marked as being certified fire safe cigarettes.More information can be found on the Bureau of Auditing RCIP web page.
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.
Surcharge on Cigarettes and Other Tobacco Product
The 2009 Florida Legislature passed “Protecting Florida’s Health Act” which levies a surcharge on both cigarettes and tobacco products (other than cigars). Beginning July 1, 2009, the surcharge on cigarettes is at the rate of $1.00 per standard pack of 20 cigarettes, or 5 cents per cigarette. The surcharge on other tobacco products is 60% of the wholesale sales price. The surcharge on both cigarettes and tobacco products will be administered, collected, and enforced by the Division of Alcoholic Beverages and Tobacco (ABT) in the same manner as the excise taxes on these products. View additional information about the surcharge.
Tailgaters Urging Responsibility and Fun (TURF)
As we continue our efforts to promote safe and responsible tailgating throughout the football season, the Florida Division of Alcoholic Beverages and Tobacco, our industry partners Charmer Sunbelt Group, Brown-Forman and Premier Beverage Company, and CBS Radio is pleased to present this public-service message describing Tailgaters Urging Responsibility and Fun, or TURF. NFL- great Boomer Esiason is the spokesman for this important national initiative.
Tied House Evil
Rule 61A-1.010, Florida Administrative Code, which contained the Approved Advertising and Promotional Gifts Chart, was recently replaced with a new set of rules. It is very important for all alcoholic beverages licensees to familiarize themselves with these rules, because the rules contain some significant changes. The rules can be found in Chapter 61A-1, Florida Administrative Code and on ABT’s website . Please see the letter to the industry from the director.