Issuance of Special Beverage Licenses

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A bill to be entitled 1
An act relating to issuance of special beverage 2
licenses; amending s. 561.20, F.S.; revising the 3
service area square footage and capacity of a bona 4
fide food service establishment that may be issued a 5
special license; providing an effective date. 6
7
Be It Enacted by the Legislature of the State of Florida: 8
9
Section 1. Paragraph (a) of subsection (2) of section 10
561.20, Florida Statutes, is amended to read: 11
561.20 Limitation upon number of licenses issued.— 12
(2)(a) The limitation of the number of licenses as 13
provided in this section does not prohibit the issuance of a 14
special license to: 15
1. Any bona fide hotel, motel, or motor court of not fewer 16
than 80 guest rooms in any county having a population of less 17
than 50,000 residents, and of not fewer than 100 guest rooms in 18
any county having a population of 50,000 residents or greater; 19
or any bona fide hotel or motel located in a historic structure, 20
as defined in s. 561.01(20), with fewer than 100 guest rooms 21
which derives at least 51 percent of its gross revenue from the 22
rental of hotel or motel rooms, which is licensed as a public 23
lodging establishment by the Division of Hotels and Restaurants; 24
provided, however, that a bona fide hotel or motel with no fewer 25

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than 10 and no more than 25 guest rooms which is a historic 26
structure, as defined in s. 561.01(20), in a municipality that 27
on the effective date of this act has a population, according to 28
the University of Florida's Bureau of Economic and Business 29
Research Estimates of Population for 1998, of no fewer than 30
25,000 and no more than 35,000 residents and that is within a 31
constitutionally chartered county may be issued a special 32
license. This special license shall allow the sale and 33
consumption of alcoholic beverages only on the licensed premises 34
of the hotel or motel. In addition, the hotel or motel must 35
derive at least 60 percent of its gross revenue from the rental 36
of hotel or motel rooms and the sale of food and nonalcoholic 37
beverages; provided that this subparagraph shall supersede local 38
laws requiring a greater number of hotel rooms; 39
2. Any condominium accommodation of which no fewer than 40
100 condominium units are wholly rentable to transients and 41
which is licensed under chapter 509, except that the license 42
shall be issued only to the person or corporation that operates 43
the hotel or motel operation and not to the association of 44
condominium owners; 45
3. Any condominium accommodation of which no fewer than 50 46
condominium units are wholly rentable to transients, which is 47
licensed under chapter 509, and which is located in any county 48
having home rule under s. 10 or s. 11, Art. VIII of the State 49
Constitution of 1885, as amended, and incorporated by reference 50

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in s. 6(e), Art. VIII of the State Constitution, except that the 51
license shall be issued only to the person or corporation that 52
operates the hotel or motel operation and not to the association 53
of condominium owners; 54
4. A bona fide food service establishment that has a 55
minimum of 1,200 2,000 square feet of service area, is equipped 56
to serve meals to 80 120 persons at one time, has at least 80 57
120 physical seats available for patrons to use during operating 58
hours, holds itself out as a restaurant, and derives at least 51 59
percent of its gross food and beverage revenue from the sale of 60
food and nonalcoholic beverages during the first 120-day 61
operating period and the first 12-month operating period 62
thereafter. Subsequent audit timeframes must be based upon the 63
audit percentage established by the most recent audit and 64
conducted on a staggered scale as follows: level 1, 51 percent 65
to 60 percent, every year; level 2, 61 percent to 75 percent, 66
every 2 years; level 3, 76 percent to 90 percent, every 3 years; 67
and level 4, 91 percent to 100 percent, every 4 years. A 68
licensee under this subparagraph may sell or deliver alcoholic 69
beverages in a sealed container for off-premises consumption if 70
the sale or delivery is accompanied by the sale of food within 71
the same order. Such authorized sale or delivery includes wine-72
based and liquor-based beverages prepared by the licensee or its 73
employee and packaged in a container sealed by the licensee or 74
its employee. This subparagraph may not be construed to 75

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authorize public food service establishments licensed under this 76
subparagraph to sell a bottle of distilled spirits sealed by a 77
manufacturer. Any sale or delivery of malt beverages must comply 78
with the container size, labeling, and filling requirements 79
imposed under s. 563.06. Any delivery of an alcoholic beverage 80
under this subparagraph must comply with s. 561.57. An alcoholic 81
beverage drink prepared by the vendor and sold or delivered for 82
consumption off the premises must be placed in a container 83
securely sealed by the licensee or its employees with an 84
unbroken seal that prevents the beverage from being immediately 85
consumed before removal from the premises. Such alcoholic 86
beverage also must be placed in a bag or other container that is 87
secured in such a manner that it is visibly apparent if the 88
container has been subsequently opened or tampered with, and a 89
dated receipt for the alcoholic beverage and food must be 90
provided by the licensee and attached to the bag or container. 91
If transported in a motor vehicle, an alcoholic beverage that is 92
not in a container sealed by the manufacturer must be placed in 93
a locked compartment, a locked trunk, or the area behind the 94
last upright seat of a motor vehicle. It is a violation of the 95
prohibition in s. 562.11 to allow any person under the age of 21 96
to deliver alcoholic beverages on behalf of a vendor. The vendor 97
or the agent or employee of the vendor must verify the age of 98
the person making the delivery of the alcoholic beverage before 99
allowing any person to take possession of an alcoholic beverage 100

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for the purpose of making a delivery on behalf of a vendor under 101
this section. A food service establishment granted a special 102
license on or after January 1, 1958, pursuant to general or 103
special law may not operate as a package store and may not sell 104
intoxicating beverages under such license after the hours of 105
serving or consumption of food have elapsed. Failure by a 106
licensee to meet the required percentage of food and 107
nonalcoholic beverage gross revenues during the covered 108
operating period shall result in revocation of the license or 109
denial of the pending license application. A licensee whose 110
license is revoked or an applicant whose pending application is 111
denied, or any person required to qualify on the special license 112
application, is ineligible to have any interest in a subsequent 113
application for such a license for a period of 120 days after 114
the date of the final denial or revocation; 115
5. Any caterer, deriving at least 51 percent of its gross 116
food and beverage revenue from the sale of food and nonalcoholic 117
beverages at each catered event, licensed by the Division of 118
Hotels and Restaurants under chapter 509. This subparagraph does 119
not apply to a culinary education program, as defined in s. 120
381.0072(2), which is licensed as a public food service 121
establishment by the Division of Hotels and Restaurants and 122
provides catering services. Notwithstanding any law to the 123
contrary, a licensee under this subparagraph shall sell or serve 124
alcoholic beverages only for consumption on the premises of a 125

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catered event at which the licensee is also providing prepared 126
food, and shall prominently display its license at any catered 127
event at which the caterer is selling or serving alcoholic 128
beverages. A licensee under this subparagraph shall purchase all 129
alcoholic beverages it sells or serves at a catered event from a 130
vendor licensed under s. 563.02(1), s. 564.02(1), or licensed 131
under s. 565.02(1) subject to the limitation imposed in 132
subsection (1), as appropriate. A licensee under this 133
subparagraph may not store any alcoholic beverages to be sold or 134
served at a catered event. Any alcoholic beverages purchased by 135
a licensee under this subparagraph for a catered event that are 136
not used at that event must remain with the customer; provided 137
that if the vendor accepts unopened alcoholic beverages, the 138
licensee may return such alcoholic beverages to the vendor for a 139
credit or reimbursement. Regardless of the county or counties in 140
which the licensee operates, a licensee under this subparagraph 141
shall pay the annual state license tax set forth in s. 142
565.02(1)(b). A licensee under this subparagraph must maintain 143
for a period of 3 years all records and receipts for each 144
catered event, including all contracts, customers' names, event 145
locations, event dates, food purchases and sales, alcoholic 146
beverage purchases and sales, nonalcoholic beverage purchases 147
and sales, and any other records required by the department by 148
rule to demonstrate compliance with the requirements of this 149
subparagraph. Notwithstanding any law to the contrary, any 150

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vendor licensed under s. 565.02(1) subject to the limitation 151
imposed in subsection (1), may, without any additional licensure 152
under this subparagraph, serve or sell alcoholic beverages for 153
consumption on the premises of a catered event at which prepared 154
food is provided by a caterer licensed under chapter 509. If a 155
licensee under this subparagraph also possesses any other 156
license under the Beverage Law, the license issued under this 157
subparagraph may not authorize the holder to conduct activities 158
on the premises to which the other license or licenses apply 159
that would otherwise be prohibited by the terms of that license 160
or the Beverage Law. This section does not permit the licensee 161
to conduct activities that are otherwise prohibited by the 162
Beverage Law or local law. The Division of Alcoholic Beverages 163
and Tobacco is hereby authorized to adopt rules to administer 164
the license created in this subparagraph, to include rules 165
governing licensure, recordkeeping, and enforcement. The first 166
$300,000 in fees collected by the division each fiscal year 167
pursuant to this subparagraph shall be deposited in the 168
Department of Children and Families' Operations and Maintenance 169
Trust Fund to be used only for alcohol and drug abuse education, 170
treatment, and prevention programs. The remainder of the fees 171
collected shall be deposited into the Hotel and Restaurant Trust 172
Fund created pursuant to s. 509.072; or 173
6. A culinary education program as defined in s. 174
381.0072(2) which is licensed as a public food service 175

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establishment by the Division of Hotels and Restaurants. 176
a. This special license shall allow the sale and 177
consumption of alcoholic beverages on the licensed premises of 178
the culinary education program. The culinary education program 179
shall specify designated areas in the facility where the 180
alcoholic beverages may be consumed at the time of application. 181
Alcoholic beverages sold for consumption on the premises may be 182
consumed only in areas designated under s. 561.01(11) and may 183
not be removed from the designated area. Such license shall be 184
applicable only in and for designated areas used by the culinary 185
education program. 186
b. If the culinary education program provides catering 187
services, this special license shall also allow the sale and 188
consumption of alcoholic beverages on the premises of a catered 189
event at which the licensee is also providing prepared food. A 190
culinary education program that provides catering services is 191
not required to derive at least 51 percent of its gross revenue 192
from the sale of food and nonalcoholic beverages. 193
Notwithstanding any law to the contrary, a licensee that 194
provides catering services under this sub-subparagraph shall 195
prominently display its beverage license at any catered event at 196
which the caterer is selling or serving alcoholic beverages. 197
Regardless of the county or counties in which the licensee 198
operates, a licensee under this sub-subparagraph shall pay the 199
annual state license tax set forth in s. 565.02(1)(b). A 200

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licensee under this sub-subparagraph must maintain for a period 201
of 3 years all records required by the department by rule to 202
demonstrate compliance with the requirements of this sub-203
subparagraph. 204
c. If a licensee under this subparagraph also possesses 205
any other license under the Beverage Law, the license issued 206
under this subparagraph does not authorize the holder to conduct 207
activities on the premises to which the other license or 208
licenses apply that would otherwise be prohibited by the terms 209
of that license or the Beverage Law. This subparagraph does not 210
permit the licensee to conduct activities that are otherwise 211
prohibited by the Beverage Law or local law. Any culinary 212
education program that holds a license to sell alcoholic 213
beverages shall comply with the age requirements set forth in 214
ss. 562.11(4), 562.111(2), and 562.13. 215
d. The Division of Alcoholic Beverages and Tobacco may 216
adopt rules to administer the license created in this 217
subparagraph, to include rules governing licensure, 218
recordkeeping, and enforcement. 219
e. A license issued pursuant to this subparagraph does not 220
permit the licensee to sell alcoholic beverages by the package 221
for off-premises consumption. 222
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However, any license heretofore issued to any such hotel, motel, 224
motor court, or restaurant or hereafter issued to any such 225

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hotel, motel, or motor court, including a condominium 226
accommodation, under the general law may not be moved to a new 227
location, such license being valid only on the premises of such 228
hotel, motel, motor court, or restaurant. Licenses issued to 229
hotels, motels, motor courts, or restaurants under the general 230
law and held by such hotels, motels, motor courts, or 231
restaurants on May 24, 1947, shall be counted in the quota 232
limitation contained in subsection (1). Any license issued for 233
any hotel, motel, or motor court under this law shall be issued 234
only to the owner of the hotel, motel, or motor court or, in the 235
event the hotel, motel, or motor court is leased, to the lessee 236
of the hotel, motel, or motor court; and the license shall 237
remain in the name of the owner or lessee so long as the license 238
is in existence. Any special license now in existence heretofore 239
issued under this law cannot be renewed except in the name of 240
the owner of the hotel, motel, motor court, or restaurant or, in 241
the event the hotel, motel, motor court, or restaurant is 242
leased, in the name of the lessee of the hotel, motel, motor 243
court, or restaurant in which the license is located and must 244
remain in the name of the owner or lessee so long as the license 245
is in existence. Any license issued under this section shall be 246
marked "Special," and nothing herein provided shall limit, 247
restrict, or prevent the issuance of a special license for any 248
restaurant or motel which shall hereafter meet the requirements 249
of the law existing immediately before the effective date of 250

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this act, if construction of such restaurant has commenced 251
before the effective date of this act and is completed within 30 252
days thereafter, or if an application is on file for such 253
special license at the time this act takes effect; and any such 254
licenses issued under this proviso may be annually renewed as 255
now provided by law. Nothing herein prevents an application for 256
transfer of a license to a bona fide purchaser of any hotel, 257
motel, motor court, or restaurant by the purchaser of such 258
facility or the transfer of such license pursuant to law. 259
Section 2. This act shall take effect July 1, 2026. 260