Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-5 - APPLICATIONS, FORMS, AND REQUIREMENTS › Section 61A-5.0105 - Selection of Applicants for Quota Alcoholic Beverage Licenses by Public Drawing

Current through Reg. 50, No. 138; July 16, 2024
When quota alcoholic beverage licenses become available by
				  reason of an increase in the population of a county, by reason of a county
				  permitting the sale of intoxicating beverages when such sale had been
				  prohibited, or by reason of the revocation of a quota beverage license, the
				  division shall determine the order in which an interested applicant is
				  considered for an available license by accepting and validating entries for a
				  public drawing to be conducted in a manner of double random selection in
				  accordance with section
				  561.19, F.S. Interested
				  applicants must follow the procedures for drawing entry promulgated by this
				  rule to be considered for selection in the drawing.
(1) To identify the population of eligible
				and interested applicants, an entry period for each quota alcoholic beverage
				license drawing shall begin on the third Monday in August and continue for a
				period of 45 days during any year in which one or more quota alcoholic beverage
				licenses has been determined to be available by reason of a circumstance
				provided in section 561.19, F.S. The division shall
				publish a legal notice in the Florida Administrative Register and on the
				division's website at:
http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/
,
				which shall include the name of each county in which a license is available for
				issuance, the number of licenses available for issuance in each county included
				in the drawing, the fee for filing of an entry form, the deadline for filing of
				an entry form, and the website address where the printable and online entry
				forms may be obtained.
(2) To enter
				the quota alcoholic beverage license drawing, an interested person shall submit
				the Quota Beverage License Drawing Entry Form DBPR ABT 6033, effective 7/2019
				and incorporated herein, accompanied by the non-refundable entry fee stated on
				the form. The form may be submitted online, or a printed copy may be mailed to
				the address provided on the form. The entry form shall be received by the
				division on or before the date and time published as the entry deadline in the
				legal notice. To access the online entry form, visit DBPR Online Services at
www.myfloridalicense.com/DBPR/online-services/
.
				The online entry form will be available only during the qualifying dates of the
				entry period in a year in which a public drawing is scheduled. A copy of the
				online entry form is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-10898
.
				A printable copy of the form is available on the division's website at
http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/
and at
https://www.flrules.org/Gateway/reference.asp?No=Ref-10897
.
(3) The division shall only process entry
				forms which are determined to be complete. Forms not complete, not signed, or
				not accompanied by the required non-refundable filing fee shall result in a
				deficiency letter. Corrected entry forms must be received by the division on or
				before fourteen (14) days from the date of the deficiency letter. The division
				will not grant any other extensions of time for filing entry forms. A complete
				entry form shall include the payment of the entry fee required to accompany the
				entry form. Upon expiration of the entry deadline published in the legal
				notice, any entry form for which payment of the entry fee has not been
				satisfied shall be deemed incomplete and shall not be included in the
				drawing.
(4) The division shall
				provide notice by certified mail to an entrant selected in the public. The
				notice of selection shall be sent to the entrant's mailing address as listed on
				the entry form or as subsequently updated by the entrant upon written
				notification to the division. Each entrant is solely responsible for filing and
				maintaining a current and valid mailing address with the division.
(5) Upon notification by the division of
				selection in the public drawing, the selected entrant shall file a completed
				license application, referenced in rule
				61A-5.010, F.A.C., within 45
				days of the date of the selection notice. Any selected entrant that fails to
				file a completed license application within 45 days of the selection notice
				shall forfeit the selection priority awarded by the entrant's selection in the
				drawing, and the division shall proceed with notification of the next entrant
				selected in sequential order of the drawing results for the county in which the
				license remains available for issuance.
(6) If the license application filed by a
				selected entrant is denied by the division, and any hearing or appeal, pursuant
				to sections 120.569,
				120.57,
				120.68 and
				561.19(4),
				F.S., has concluded, or the time to file a petition or notice for such hearing
				or appeal has passed, the division shall proceed with notification of the next
				entrant selected in sequential order of the drawing results for the county in
				which the license remains available for issuance.
(7) Any person or persons selected by public
				drawing for the opportunity to apply for a quota alcoholic beverage license
				shall not be prohibited from filing an application to obtain the issuance of
				the license in the name of a corporation, or other legal entity, if 100 percent
				of the business or other legal entity is owned only by the person or persons
				listed on the drawing entry form as initially filed with the
				division.
(8) For the purposes of
				this section, "more than one applicant" shall mean that an entrant may have a
				direct or indirect interest in only one entry form in each county for which a
				license is available.
(9) For the
				purposes of this section, "method of double random selection by public drawing"
				shall mean a computer program developed by or under the direction of the
				division which determines the order of selection for the director in accordance
				with section 561.19(2)(a),
				F.S.
Rulemaking Authority
					 561.08,
					 561.11 FS. Law Implemented
					 561.08,
					 561.14,
					 561.15,
					 561.17,
					 561.18,
					 561.19,
					 561.20
					 FS.
New 1-20-97, Amended 1-8-98, Amended 12-7-09,
					 8-12-19.