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1A bill to be entitled
2An act relating to issuance of special beverage
3licenses; amending s. 561.20, F.S.; revising the
4service area square footage and capacity of a bona
5fide food service establishment that may be issued a
6special license; providing an effective date.
7
8    Be It Enacted by the Legislature of the State of Florida:
9
10Section 1.  Paragraph (a) of subsection (2) of section
11561.20, Florida Statutes, is amended to read:
12561.20       Limitation upon number of licenses issued.—
13(2)(a)       The limitation of the number of licenses as
14provided in this section does not prohibit the issuance of a
15special license to:
161.      Any bona fide hotel, motel, or motor court of not fewer
17than 80 guest rooms in any county having a population of less
18than 50,000 residents, and of not fewer than 100 guest rooms in
19any county having a population of 50,000 residents or greater;
20or any bona fide hotel or motel located in a historic structure,
21as defined in s. 561.01(20), with fewer than 100 guest rooms
22which derives at least 51 percent of its gross revenue from the
23rental of hotel or motel rooms, which is licensed as a public
24lodging establishment by the Division of Hotels and Restaurants;
25provided, however, that a bona fide hotel or motel with no fewer
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26    than 10 and no more than 25 guest rooms which is a historic
27    structure, as defined in s. 561.01(20), in a municipality that
28    on the effective date of this act has a population, according to
29    the University of Florida's Bureau of Economic and Business
30    Research Estimates of Population for 1998, of no fewer than
31    25,000 and no more than 35,000 residents and that is within a
32    constitutionally chartered county may be issued a special
33    license. This special license shall allow the sale and
34    consumption of alcoholic beverages only on the licensed premises
35    of the hotel or motel. In addition, the hotel or motel must
36    derive at least 60 percent of its gross revenue from the rental
37    of hotel or motel rooms and the sale of food and nonalcoholic
38    beverages; provided that this subparagraph shall supersede local
39    laws requiring a greater number of hotel rooms;
402.      Any condominium accommodation of which no fewer than
41    100 condominium units are wholly rentable to transients and
42    which is licensed under chapter 509, except that the license
43    shall be issued only to the person or corporation that operates
44    the hotel or motel operation and not to the association of
45    condominium owners;
463.      Any condominium accommodation of which no fewer than 50
47    condominium units are wholly rentable to transients, which is
48    licensed under chapter 509, and which is located in any county
49    having home rule under s. 10 or s. 11, Art. VIII of the State
50    Constitution of 1885, as amended, and incorporated by reference
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51    in s. 6(e), Art. VIII of the State Constitution, except that the
52    license shall be issued only to the person or corporation that
53    operates the hotel or motel operation and not to the association
54    of condominium owners;
554.      A bona fide food service establishment that has a
56    minimum of 1,200 2,000 square feet of service area, is equipped
57    to serve meals to 80 120 persons at one time, has at least 80
58    120 physical seats available for patrons to use during operating
59    hours, holds itself out as a restaurant, and derives at least 51
60    percent of its gross food and beverage revenue from the sale of
61    food and nonalcoholic beverages during the first 120-day
62    operating period and the first 12-month operating period
63    thereafter. Subsequent audit timeframes must be based upon the
64    audit percentage established by the most recent audit and
65    conducted on a staggered scale as follows: level 1, 51 percent
66    to 60 percent, every year; level 2, 61 percent to 75 percent,
67    every 2 years; level 3, 76 percent to 90 percent, every 3 years;
68    and level 4, 91 percent to 100 percent, every 4 years. A
69    licensee under this subparagraph may sell or deliver alcoholic
70    beverages in a sealed container for off-premises consumption if
71    the sale or delivery is accompanied by the sale of food within
72    the same order. Such authorized sale or delivery includes wine-
73    based and liquor-based beverages prepared by the licensee or its
74    employee and packaged in a container sealed by the licensee or
75    its employee. This subparagraph may not be construed to
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76     authorize public food service establishments licensed under this
77     subparagraph to sell a bottle of distilled spirits sealed by a
78     manufacturer. Any sale or delivery of malt beverages must comply
79     with the container size, labeling, and filling requirements
80     imposed under s. 563.06. Any delivery of an alcoholic beverage
81     under this subparagraph must comply with s. 561.57. An alcoholic
82     beverage drink prepared by the vendor and sold or delivered for
83     consumption off the premises must be placed in a container
84     securely sealed by the licensee or its employees with an
85     unbroken seal that prevents the beverage from being immediately
86     consumed before removal from the premises. Such alcoholic
87     beverage also must be placed in a bag or other container that is
88     secured in such a manner that it is visibly apparent if the
89     container has been subsequently opened or tampered with, and a
90     dated receipt for the alcoholic beverage and food must be
91     provided by the licensee and attached to the bag or container.
92     If transported in a motor vehicle, an alcoholic beverage that is
93     not in a container sealed by the manufacturer must be placed in
94     a locked compartment, a locked trunk, or the area behind the
95     last upright seat of a motor vehicle. It is a violation of the
96     prohibition in s. 562.11 to allow any person under the age of 21
97     to deliver alcoholic beverages on behalf of a vendor. The vendor
98     or the agent or employee of the vendor must verify the age of
99     the person making the delivery of the alcoholic beverage before
100    allowing any person to take possession of an alcoholic beverage
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101    for the purpose of making a delivery on behalf of a vendor under
102    this section. A food service establishment granted a special
103    license on or after January 1, 1958, pursuant to general or
104    special law may not operate as a package store and may not sell
105    intoxicating beverages under such license after the hours of
106    serving or consumption of food have elapsed. Failure by a
107    licensee to meet the required percentage of food and
108    nonalcoholic beverage gross revenues during the covered
109    operating period shall result in revocation of the license or
110    denial of the pending license application. A licensee whose
111    license is revoked or an applicant whose pending application is
112    denied, or any person required to qualify on the special license
113    application, is ineligible to have any interest in a subsequent
114    application for such a license for a period of 120 days after
115    the date of the final denial or revocation;
1165.      Any caterer, deriving at least 51 percent of its gross
117    food and beverage revenue from the sale of food and nonalcoholic
118    beverages at each catered event, licensed by the Division of
119    Hotels and Restaurants under chapter 509. This subparagraph does
120    not apply to a culinary education program, as defined in s.
121    381.0072(2), which is licensed as a public food service
122    establishment by the Division of Hotels and Restaurants and
123    provides catering services. Notwithstanding any law to the
124    contrary, a licensee under this subparagraph shall sell or serve
125    alcoholic beverages only for consumption on the premises of a
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126    catered event at which the licensee is also providing prepared
127    food, and shall prominently display its license at any catered
128    event at which the caterer is selling or serving alcoholic
129    beverages. A licensee under this subparagraph shall purchase all
130    alcoholic beverages it sells or serves at a catered event from a
131    vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
132    under s. 565.02(1) subject to the limitation imposed in
133    subsection (1), as appropriate. A licensee under this
134    subparagraph may not store any alcoholic beverages to be sold or
135    served at a catered event. Any alcoholic beverages purchased by
136    a licensee under this subparagraph for a catered event that are
137    not used at that event must remain with the customer; provided
138    that if the vendor accepts unopened alcoholic beverages, the
139    licensee may return such alcoholic beverages to the vendor for a
140    credit or reimbursement. Regardless of the county or counties in
141    which the licensee operates, a licensee under this subparagraph
142    shall pay the annual state license tax set forth in s.
143    565.02(1)(b). A licensee under this subparagraph must maintain
144    for a period of 3 years all records and receipts for each
145    catered event, including all contracts, customers' names, event
146    locations, event dates, food purchases and sales, alcoholic
147    beverage purchases and sales, nonalcoholic beverage purchases
148    and sales, and any other records required by the department by
149    rule to demonstrate compliance with the requirements of this
150    subparagraph. Notwithstanding any law to the contrary, any
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151    vendor licensed under s. 565.02(1) subject to the limitation
152    imposed in subsection (1), may, without any additional licensure
153    under this subparagraph, serve or sell alcoholic beverages for
154    consumption on the premises of a catered event at which prepared
155    food is provided by a caterer licensed under chapter 509. If a
156    licensee under this subparagraph also possesses any other
157    license under the Beverage Law, the license issued under this
158    subparagraph may not authorize the holder to conduct activities
159    on the premises to which the other license or licenses apply
160    that would otherwise be prohibited by the terms of that license
161    or the Beverage Law. This section does not permit the licensee
162    to conduct activities that are otherwise prohibited by the
163    Beverage Law or local law. The Division of Alcoholic Beverages
164    and Tobacco is hereby authorized to adopt rules to administer
165    the license created in this subparagraph, to include rules
166    governing licensure, recordkeeping, and enforcement. The first
167    $300,000 in fees collected by the division each fiscal year
168    pursuant to this subparagraph shall be deposited in the
169    Department of Children and Families' Operations and Maintenance
170    Trust Fund to be used only for alcohol and drug abuse education,
171    treatment, and prevention programs. The remainder of the fees
172    collected shall be deposited into the Hotel and Restaurant Trust
173    Fund created pursuant to s. 509.072; or
1746.      A culinary education program as defined in s.
175    381.0072(2) which is licensed as a public food service
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176    establishment by the Division of Hotels and Restaurants.
177a.      This special license shall allow the sale and
178    consumption of alcoholic beverages on the licensed premises of
179    the culinary education program. The culinary education program
180    shall specify designated areas in the facility where the
181    alcoholic beverages may be consumed at the time of application.
182    Alcoholic beverages sold for consumption on the premises may be
183    consumed only in areas designated under s. 561.01(11) and may
184    not be removed from the designated area. Such license shall be
185    applicable only in and for designated areas used by the culinary
186    education program.
187b.      If the culinary education program provides catering
188    services, this special license shall also allow the sale and
189    consumption of alcoholic beverages on the premises of a catered
190    event at which the licensee is also providing prepared food. A
191    culinary education program that provides catering services is
192    not required to derive at least 51 percent of its gross revenue
193    from the sale of food and nonalcoholic beverages.
194    Notwithstanding any law to the contrary, a licensee that
195    provides catering services under this sub-subparagraph shall
196    prominently display its beverage license at any catered event at
197    which the caterer is selling or serving alcoholic beverages.
198    Regardless of the county or counties in which the licensee
199    operates, a licensee under this sub-subparagraph shall pay the
200    annual state license tax set forth in s. 565.02(1)(b). A
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201    licensee under this sub-subparagraph must maintain for a period
202    of 3 years all records required by the department by rule to
203    demonstrate compliance with the requirements of this sub-
204    subparagraph.
205c.      If a licensee under this subparagraph also possesses
206    any other license under the Beverage Law, the license issued
207    under this subparagraph does not authorize the holder to conduct
208    activities on the premises to which the other license or
209    licenses apply that would otherwise be prohibited by the terms
210    of that license or the Beverage Law. This subparagraph does not
211    permit the licensee to conduct activities that are otherwise
212    prohibited by the Beverage Law or local law. Any culinary
213    education program that holds a license to sell alcoholic
214    beverages shall comply with the age requirements set forth in
215    ss. 562.11(4), 562.111(2), and 562.13.
216d.      The Division of Alcoholic Beverages and Tobacco may
217    adopt rules to administer the license created in this
218    subparagraph, to include rules governing licensure,
219    recordkeeping, and enforcement.
220e.      A license issued pursuant to this subparagraph does not
221    permit the licensee to sell alcoholic beverages by the package
222    for off-premises consumption.
223
224    However, any license heretofore issued to any such hotel, motel,
225    motor court, or restaurant or hereafter issued to any such
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226    hotel, motel, or motor court, including a condominium
227    accommodation, under the general law may not be moved to a new
228    location, such license being valid only on the premises of such
229    hotel, motel, motor court, or restaurant. Licenses issued to
230    hotels, motels, motor courts, or restaurants under the general
231    law and held by such hotels, motels, motor courts, or
232    restaurants on May 24, 1947, shall be counted in the quota
233    limitation contained in subsection (1). Any license issued for
234    any hotel, motel, or motor court under this law shall be issued
235    only to the owner of the hotel, motel, or motor court or, in the
236    event the hotel, motel, or motor court is leased, to the lessee
237    of the hotel, motel, or motor court; and the license shall
238    remain in the name of the owner or lessee so long as the license
239    is in existence. Any special license now in existence heretofore
240    issued under this law cannot be renewed except in the name of
241    the owner of the hotel, motel, motor court, or restaurant or, in
242    the event the hotel, motel, motor court, or restaurant is
243    leased, in the name of the lessee of the hotel, motel, motor
244    court, or restaurant in which the license is located and must
245    remain in the name of the owner or lessee so long as the license
246    is in existence. Any license issued under this section shall be
247    marked "Special," and nothing herein provided shall limit,
248    restrict, or prevent the issuance of a special license for any
249    restaurant or motel which shall hereafter meet the requirements
250    of the law existing immediately before the effective date of
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251    this act, if construction of such restaurant has commenced
252    before the effective date of this act and is completed within 30
253    days thereafter, or if an application is on file for such
254    special license at the time this act takes effect; and any such
255    licenses issued under this proviso may be annually renewed as
256    now provided by law. Nothing herein prevents an application for
257    transfer of a license to a bona fide purchaser of any hotel,
258    motel, motor court, or restaurant by the purchaser of such
259    facility or the transfer of such license pursuant to law.
260Section 2.  This act shall take effect July 1, 2026.
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