reglab/statecodes huggingface dataset:
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-5.0106 - Application for Inactive Status or Waiver of Active Operation Requirements for Quota Alcoholic Beverage Licenses

Current through Reg. 50, No. 138; July 16, 2024
(1) The application for placing a quota
				alcoholic beverage license into an inactive status or requesting a waiver of
				active operation requirements must be filed with the Division of Alcoholic
				Beverages and Tobacco on form DBPR ABT-6027, APPLICATION FOR INACTIVE STATUS OR
				WAIVER OF ACTIVE OPERATION REQUIREMENTS FOR QUOTA ALCOHOLIC BEVERAGE LICENSES,
				incorporated herein by reference and effective 9/1/19. The application must be
				completed in accordance with the list of license requirements contained in the
				application instructions. The form listed in this rule is available upon
				request from the Division's district office serving your area of interest, or
				may be accessed electronically at
http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/
,
				or
https://www.flrules.org/Gateway/reference.asp?No=Ref-10916
.
(2) "Active" shall mean that the licensee is
				in compliance with section
				561.29, F.S., in a manner so as
				to maximize sales and tax revenues thereon.
Rulemaking Authority
					 561.08,
					 561.11 FS. Law Implemented
					 561.29
					 FS.
New 9-1-19.
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FORMS, AND REQUIREMENTS › Section 61A-5.011 - Completed Application for the Grant of a New Quota Liquor License (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 561.11 FS. Law Implemented
					 561.08,
					 561.11,
					 561.18,
					 561.19,
					 561.20
					 FS.
New 2-16-89, Formerly 7A-5.011, Repealed
					 8-1-12.
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-5.056 - Application for Retail Tobacco Products Dealer Permit

Current through Reg. 50, No. 138; July 16, 2024
(1) The term retail tobacco products dealer
				shall refer to the definition provided by Sections
				210.01(7),
				210.095(g), and
				569.002(4),
				F.S. For this section the term tobacco products shall refer to the definition
				provided by Section 569.002(6),
				F.S. A tobacco products retail dealer permit is required to sell cigarettes and
				tobacco products, and smoking pipes or smoking devices at retail within the
				State of Florida.
(2) In order to
				be permitted as a Retail Tobacco Products Dealer or make changes to an existing
				permit, one of the following must be completed and filed with the division by
				the applicant or permittee:
(a) File for a
				permit or change thereto using form DBPR ABT 6028, Application for Retail
				Tobacco Products Dealer Permit incorporated herein by reference and effective
				July 2013, adopted and incorporated herein by reference, available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-03339
or;
(b) File for a permit or make
				changes thereto and simultaneously file for an alcoholic beverage license by
				using form DBPR ABT 6001, Application for Alcoholic Beverage or Tobacco
				License, effective August 2013, adopted and incorporated herein by reference,
				or DBPR ABT 6002 Application for Transfer of an Alcoholic Beverage or Tobacco
				License, effective August 2013, adopted and incorporated herein by
				reference.
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-5.060 - Application for Special Culinary Education Program License

Current through Reg. 50, No. 138; July 16, 2024
A culinary education program that educates students in the
				  culinary arts, including the preparation, cooking, and presentation of food, or
				  provides education and experience in culinary arts-related businesses, and
				  which engages in the sale or service of alcoholic beverages within the
				  education program must file an application for licensure on form DBPR ABT-6025,
				  APPLICATION FOR CULINARY EDUCATION PROGRAM LICENSE, effective 9/1/19, and
				  incorporated herein by reference. The application for a culinary education
				  program license must identify the qualifying education institution providing
				  the program. The form listed in this rule is available upon request from the
				  Department of Business and Professional Regulation, Division of Alcoholic
				  Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021,
				  the Division's district offices serving your area of interest, or may be
				  accessed electronically at
http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/
,
				  or
https://www.flrules.org/Gateway/reference.asp?No=Ref-10915
.
Rulemaking Authority
					 561.08,
					 561.11,
					 561.17,
					 561.20 FS. Law Implemented
					 561.15,
					 561.17,
					 561.20
					 FS.
New 9-1-19.
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-5.700 - Application for Alcoholic Beverage License (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 561.11,
					 561.08 FS. Law Implemented
					 561.08,
					 561.11,
					 561.17,
					 561.181,
					 561.19,
					 561.32,
					 561.33,
					 561.331
					 FS.
New 2-16-89, Formerly 7A-5.700, Repealed
					 8-1-12.
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-5.708 - Request for License Cancellation

Current through Reg. 50, No. 138; July 16, 2024
Unless specifically authorized by statute, the division may
				  not issue more than one license or permit to a location. A licensee may submit
				  DBPR ABT-6007, REQUEST FOR LICENSE CANCELLATION, effective August 2013, adopted
				  and incorporated herein by reference, or a letter with the following
				  information: Legal entity name, license number, signed by the licensee of
				  record, to request cancellation of a license or permit issued by the division.
				  The application must be completed in accordance with the list of license
				  requirements contained in the application instructions. This form is available
				  upon request from the Department of Business and Professional Regulation,
				  Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road,
				  Tallahassee, Florida 32399-1021, the Division's district office serving your
				  area of interest whose contact information is provided at
http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc
,
				  or at
http://www.flrules.org/Gateway/reference.asp?No=Ref-03342
.
Rulemaking Authority
					 561.08,
					 561.11 FS. Law Implemented
					 561.08,
					 561.17
					 FS.
New 2-16-89, Formerly 7A-5.708, Amended
					 11-27-13.
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-5.710 - Personal Questionnaire (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 561.08,
					 561.11 FS. Law Implemented
					 561.08,
					 561.11,
					 561.15,
					 561.17,
					 561.18,
					 561.22,
					 561.25,
					 561.42
					 FS.
New 2-16-89, Formerly 7A-5.710, Repealed
					 8-1-12.
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-5.747 - Quota License Drawing Entry Form (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 561.08,
					 561.11 FS. Law Implemented
					 561.08,
					 561.17,
					 561.19,
					 561.20
					 FS.
New 3-6-90, Amended 6-28-90, 5-24-92, Formerly 7A-5.747,
					 Amended 12-7-09, Repealed 8-12-19.
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-5.761 - List of License Application Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 561.08,
					 561.11 FS. Law Implemented
					 561.08,
					 561.11
					 FS.
New 2-16-89, Formerly 7A-5.761, Repealed
					 8-1-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-7 - FLORIDA CLEAN INDOOR AIR ACT AND STAND-ALONE BAR SMOKING DESIGNATIONS › Section 61A-7.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The basic terms utilized in this rule are defined as
				  follows:
(1) "Customary bar snack"
				means popcorn and any ready to eat food item, commercially prepared and
				packaged off the premises, served without additions or preparations, that is
				not a potentially hazardous food. The definition of potentially hazardous food,
				provided in subparagraph 1-201.10(B)(61), Food Code, 1999 Recommendations of
				the United States Public Health Service/Food and Drug Administration,
				incorporated herein by reference, shall apply to chapter 61A-7,
				F.A.C.
(2) "Noncommercial
				activities" mean social gatherings, which encompass activities in compliance
				with section 849.0931, F.S., meetings,
				dining, dances and the services performed in furtherance of these activities
				can only be conducted by members, whether compensated or not.
(3) "Nonperishable snack food items" means
				food items commercially packaged off the premises of the stand-alone bar and
				served without any additions or further preparations of any kind. Popcorn is
				the only exception to the requirement of being a nonperishable snack food item,
				and can be prepared on the premises, provided that the equipment used to pop
				the popcorn is not used to prepare any other food for patrons.
(4) "Predominantly bounded by physical
				barriers" means:
(a) More than fifty percent
				covered from above, to be calculated when fully extended, by a physical
				barrier, that excludes rain, and
(b) More than fifty percent on the sides with
				surfaces that block air flow. Railings are not to be considered in making side
				surface calculations.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-7 - FLORIDA CLEAN INDOOR AIR ACT AND STAND-ALONE BAR SMOKING DESIGNATIONS › Section 61A-7.002 - Criteria for Smoking and Vaping Designation

Current through Reg. 50, No. 138; July 16, 2024
Stand-alone bars with an alcoholic beverage consumption on
				  premises license shall be issued a smoking and vaping designation of "ss" or
				  "ssf" upon meeting the following criteria:
(1) The premises meets the definition of a
				stand-alone bar in section
				386.203(12),
				F.S., and
(2) The licensee provides
				the division with a notice of election, using form DBPR ABT 6012, Notification
				of Election to Permit Tobacco Smoking and Vaping in the Licensed Premises,
				effective 9/12/19, and incorporated by reference herein. Form DBPR ABT 6012 may
				be obtained from the Department of Business and Professional Regulation,
				Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road,
				Tallahassee, Florida 32399-1021, from the district office serving your area of
				interest, or online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11073
,
				or
www.myfloridalicense.com
.
Rulemaking Authority
					 386.2125,
					 561.08,
					 561.11,
					 561.695(8) FS.
					 Law Implemented 386.203(12),
					 561.08,
					 561.695
					 FS.
New 6-14-05, Amended
					 9-12-19.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-7 - FLORIDA CLEAN INDOOR AIR ACT AND STAND-ALONE BAR SMOKING DESIGNATIONS › Section 61A-7.003 - Premises Not Eligible for Smoking Designation

Current through Reg. 50, No. 138; July 16, 2024
Licensed premises shall not be designated as a stand-alone
				  bar if the qualifications for licensure require the premises be devoted
				  predominantly to activities other than the service of alcohol. The following
				  licenses are not eligible for a stand-alone bar designation:
S - Special Hotel
SH - Special Hotel in counties with population of 50, 000 or
				  less
SR - Special Restaurant issued on or after September 1,
				  1969
SRX - Special Restaurant
SBX - Special Bowling
SAL - Special Airport
SCX - Special Civic Center
SCC - Special County Commission
SPX - Pleasure, Excursion, Sightseeing, or Charter
				  Boats
X - Airplanes, Buses, and Steamships
IX - Railroad Cars
XL - Passenger Waiting Lounge operated by an airline
PVP - Passenger Vessels engaged in foreign commerce
FEX - Special Public Fairs/Expositions
HBX - Special Horse Breeders
11AL - American Legion Post permitted to sell to general
				  public
11C - Social, Tennis, Racquetball, Beach, or Cabana
				  Club
11CE - Licensed vendors exempt from payment of surcharge
				  tax
11CS - Special Act Club License
11CT - John and Mable Ringling Museum
11GC - Golf Club
11PA - Symphony, Live Performance Theatre, Performing Arts
				  Center
12RT - Dog or Horse Track or Jai Alai Fronton
13CT - Catering
Specific Authority
					 386.2125,
					 561.695(9) FS.
					 Law Implemented 386.203(11),
					 561.695
					 FS.
New 6-14-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-7 - FLORIDA CLEAN INDOOR AIR ACT AND STAND-ALONE BAR SMOKING DESIGNATIONS › Section 61A-7.004 - Annual Certification Requirements

Current through Reg. 50, No. 138; July 16, 2024
A qualifying stand-alone bar receiving an "ss" or "ssf"
				  designation shall file an annual affidavit, DBPR ABT 4000A-040, incorporated
				  herein by reference, certifying that, on or before the licensee's annual
				  beverage license renewal, for the preceding twelve months, no more than ten
				  percent of total gross revenue was derived from retail sales of food consumed
				  on the licensed premises. The percentage of food sales shall be computed by
				  dividing gross revenues from the sale of food consumed on the premises by the
				  gross revenue of the licensed premises. Failure to file an affidavit in
				  compliance with Section
				  561.695(5),
				  F.S., shall result in loss of designation.
Specific Authority
					 561.695(9) FS.
					 Law Implemented 561.695(5)
					 FS.
New 6-14-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-7 - FLORIDA CLEAN INDOOR AIR ACT AND STAND-ALONE BAR SMOKING DESIGNATIONS › Section 61A-7.005 - Triennial Renewal Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 386.2125,
					 561.695(9) FS.
					 Law Implemented 386.203(11),
					 561.695(6)
					 FS.
New 6-14-05, Repealed
					 6-3-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-7 - FLORIDA CLEAN INDOOR AIR ACT AND STAND-ALONE BAR SMOKING DESIGNATIONS › Section 61A-7.006 - Records Required to Maintain the Designation

Current through Reg. 50, No. 138; July 16, 2024
(1) Stand-alone bars holding an "ss" or "ssf"
				designation shall maintain records to substantiate reports, affidavits and
				designation qualifications. Records of all purchases of food, all gross retail
				sales of alcohol for consumption on the licensed premises, all gross retail
				sales of alcohol for consumption off the licensed premises, all gross retail
				sales of food sold for consumption on the premises, all gross retail sales of
				food sold for consumption off the premises, and gross revenue from all other
				sales shall be separately documented.
(2) Stand-alone bars holding an "ss" or "ssf"
				designation shall maintain complete and accurate records of all sales and
				purchases. Records shall include, but are not limited to, purchase invoices,
				sales tickets, inventory records, receiving records, cash register journal
				tapes, on premises food sales records, computer records generated from
				automatic dispensing devices, Department of Revenue Sales Tax Returns, and any
				other record documenting sales. Sales records shall be sequentially organized
				by month and year and include a monthly statement summarizing the total sales
				revenue, food revenue, and percentage of food revenue for each
				month.
Specific Authority
					 386.2125,
					 561.695(9) FS.
					 Law Implemented 386.203(11),
					 561.695(6)
					 FS.
New 1-16-06.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-7 - FLORIDA CLEAN INDOOR AIR ACT AND STAND-ALONE BAR SMOKING DESIGNATIONS › Section 61A-7.007 - Formula for Compliance with Required Percentage of Gross Food Sales Revenues

Current through Reg. 50, No. 138; July 16, 2024
In order to determine compliance, the division shall use the
				  formula of gross food sales revenue from the sale of food the licensee sells
				  for consumption on premises, including but not limited to non-alcoholic
				  beverages, divided by gross total sales revenue, in any consecutive two month
				  period. The results of the formula will represent the percentage of food sales
				  revenues as defined herein and in Section
				  561.695, F.S.
Specific Authority
					 386.2125,
					 561.695(9) FS.
					 Law Implemented 386.203(11),
					 561.695(6)
					 FS.
New 1-16-06.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-7 - FLORIDA CLEAN INDOOR AIR ACT AND STAND-ALONE BAR SMOKING DESIGNATIONS › Section 61A-7.008 - For Percentage of Gross Alcohol Sales for Consumption on the Licensed Premises Revenue Formula

Current through Reg. 50, No. 138; July 16, 2024
In order to determine compliance, the division shall use the
				  formula of gross alcohol sales revenues from the sale of alcohol the licensee
				  sells for consumption on premises divided by gross total sales revenue, in any
				  consecutive two-month period.
Specific Authority
					 386.2125,
					 561.695(9) FS.
					 Law Implemented 386.203(11),
					 561.695(6)
					 FS.
New 1-16-06.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-7 - FLORIDA CLEAN INDOOR AIR ACT AND STAND-ALONE BAR SMOKING DESIGNATIONS › Section 61A-7.009 - Method Used to Determine Whether an Establishment is Predominately Dedicated to the Serving of Alcoholic Beverages

Current through Reg. 50, No. 138; July 16, 2024
In order to determine whether an establishment, other than
				  one holding a specialty license designated in Rule
				  61A-7.003, F.A.C., is
				  predominately dedicated to the serving of alcoholic beverages for consumption
				  on the licensed premises, the division shall compare the percentage of gross
				  alcohol sales revenue from the sale of alcohol the licensee sells for
				  consumption on premises with the following categories of revenue:
(1) For stand-alone bars holding the "ss"
				designation:
(a) The percentage of gross
				alcohol sales revenue from the sale of alcohol the licensee sells for
				consumption off the premises where the purchaser is required to enter the
				premises.
(b) The percentage of
				gross alcohol sales revenue from the sale of alcohol the licensee sells for
				consumption off the premises where the purchaser is not required to enter the
				premises, and
(c) The percentage of
				gross revenue from any source not included in the alcohol categories above. If
				the percentage of gross alcohol sales revenue from the sale of alcohol the
				licensee sells for consumption on premises is greater than that of the gross
				sales revenue from each individual category of gross sales in paragraphs
				61A-7.009(1)(a)
				-(c), F.A.C., an establishment is deemed predominately dedicated to the serving
				of alcoholic beverages.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-7 - FLORIDA CLEAN INDOOR AIR ACT AND STAND-ALONE BAR SMOKING DESIGNATIONS › Section 61A-7.010 - Penalty Guidelines for Chapter 386, F.S. - Florida Clean Indoor Air Act

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule sets forth the penalties which
				shall be routinely imposed upon licensees who are supervised by the Division of
				Alcoholic Beverages and Tobacco, Department of Business and Professional
				Regulation. Enforcement supervisors and bureau chiefs are authorized to accept
				settlement offers that do not deviate from the penalty guidelines. The
				penalties below shall be assessed for violations occurring thirty days after a
				notice to comply is issued. If a person refuses to comply with this part after
				having been assessed such penalty the department may file a complaint in the
				circuit court of the county in which the enclosed indoor workplace is located
				to require compliance.
(2) The
				penalty guidelines set forth in the table that follows shall serve to provide
				field offices and licensees or permittees with penalties that the division will
				routinely impose for violations.
STATUTE
VIOLATION
FIRST
OCCURRENCE
SECOND
OCCURRENCE
THIRD
OCCURRENCE
EACH SUBSEQUENT
OCCURRENCE
386
Failure to comply with Florida Clean Indoor Air Act
							 within chapter 386, F.S.
$275
$550
$750
$1, 750
Rulemaking Authority
					 386.2125,
					 561.695(9) FS.
					 Law Implemented 386.206,
					 386.207(3)
					 FS.
New 6-14-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-7 - FLORIDA CLEAN INDOOR AIR ACT AND STAND-ALONE BAR SMOKING DESIGNATIONS › Section 61A-7.011 - Aggravating or Mitigating Circumstances for Chapter 386, F.S. - the Florida Clean Indoor Air Act

Current through Reg. 50, No. 138; July 16, 2024
When either the petitioner or respondent is able to
				  demonstrate aggravating or mitigating circumstances to the division by clear
				  and convincing evidence, the division shall be entitled to impose adjusted
				  penalties within the guidelines. Based upon the following factors, the division
				  may impose a disciplinary action within the statutory guidelines:
(1) The number of counts in the
				administrative complaint;
(2) The
				disciplinary history of the applicant or licensee;
(3) The applicant or licensee has corrected
				the violation and implemented written corrective policies and
				procedures;
(4) The degree of
				financial hardship incurred by a licensee as a result of the imposition of
				suspension or a fine.
Specific Authority
					 386.2125,
					 561.695(9) FS.
					 Law Implemented 386.206(2),
					 386.207(3)
					 FS.
New 6-14-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-7 - FLORIDA CLEAN INDOOR AIR ACT AND STAND-ALONE BAR SMOKING DESIGNATIONS › Section 61A-7.012 - Investigation and Notification Procedures for Section 386.207, F.S

Current through Reg. 50, No. 138; July 16, 2024
The following procedures shall be followed by division
				  personnel when investigating complaints and notifying alleged violators.
(1) Upon receipt of a complaint of a
				violation of Chapter 386, F.S., the division shall determine if the premises is
				designated as a stand-alone bar. If the premises are designated as a
				stand-alone bar the complaint shall be closed.
(2) If the premises are not designated as a
				stand-alone bar a notice to comply shall be issued.
(3) If the initial complaint is based on an
				observed violation then the premises shall be rechecked for
				compliance.
(4) A notice to show
				cause shall be issued for violations occurring at least thirty days after a
				notice to comply has been issued.
Specific Authority
					 386.207(1),
					 386.2125,
					 561.695(9) FS.
					 Law Implemented 386.206(2),
					 386.207(3)
					 FS.
New 6-14-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-7 - FLORIDA CLEAN INDOOR AIR ACT AND STAND-ALONE BAR SMOKING DESIGNATIONS › Section 61A-7.013 - Penalty Guidelines for Section 561.695, F.S. - Stand-Alone Bar Enforcement

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule sets
				forth the penalties which shall be imposed upon licensees who are supervised by
				the Division of Alcoholic Beverages and Tobacco, Department of Business and
				Professional Regulation. Enforcement supervisors and bureau chiefs are
				authorized to accept settlement offers that do not deviate from the penalty
				guidelines. The penalties provided below are for violations one through three,
				within a two-year period, and a fourth or subsequent violation occurring
				anytime within the aforementioned time period or thereafter.
(2) The penalty guidelines set forth in the
				table that follows shall serve to provide field offices and licensees or
				permittees with penalties that the division will routinely impose for
				violations.
STATUTE
VIOLATION
FIRST
OCCURRENCE
SECOND
OCCURRENCE
THIRD
OCCURRENCE
FOURTH OCCURRENCE
SUBSEQUENT OCCURRENCE
561.695
Failure to comply with stand-alone bar designation
							 requirements within Section 561.695, F.S.
Warning
$500
Suspension of designation for 14 days and $1,
							 000.
60 days suspension of designation and $2, 000.
Revocation
Rulemaking Authority
					 561.695(9) FS.
					 Law Implemented 561.695(5), (8)
					 FS.
New 6-14-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-7 - FLORIDA CLEAN INDOOR AIR ACT AND STAND-ALONE BAR SMOKING DESIGNATIONS › Section 61A-7.014 - Aggravating or Mitigating Circumstances for Section 561.695, F.S. - Stand-Alone Bar Violations

Current through Reg. 50, No. 138; July 16, 2024
When either the petitioner or respondent demonstrates
				  aggravating or mitigating circumstances by clear and convincing evidence, the
				  division may adjust penalties within statutory guidelines.
Specific Authority
					 561.695(9) FS.
					 Law Implemented 561.695(8)
					 FS.
New 6-14-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-7 - FLORIDA CLEAN INDOOR AIR ACT AND STAND-ALONE BAR SMOKING DESIGNATIONS › Section 61A-7.015 - Appeals

Current through Reg. 50, No. 138; July 16, 2024
The procedure for appeal under Chapter 61A-7, F.A.C., shall
				  be as provided in Section
				  120.68, F.S.
Specific Authority
					 386.207(1),
					 386.2125,
					 561.695(9) FS.
					 Law Implemented 561.695
					 FS.
New 6-14-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-10 - CIGARETTE TAX DIVISION RULES › Section 61A-10.001 - Definition

Current through Reg. 50, No. 138; July 16, 2024
(1) "Cigarette Distributing Agent" also known
				as "CDA" means a "distributing agent" as defined in Section
				210.01(14),
				F.S.
(2) "Bill of Lading" means a
				receipt given by a carrier for goods accepted for transportation.
(3) "Stamping Agent" means an "agent" as
				defined in Section 210.01(9),
				F.S.
(4) "Audit" means the process
				of examining and verifying the records, stock and equipment of manufacturers,
				importers, distributing agents, wholesale dealers, stamping agents, and retail
				dealers licensed by the Division.
(5) "Unconditional Guaranty Contract" is
				similar to an irrevocable letter of credit in that it is issued through a bank
				and the bank unconditionally guarantees payment under the terms and conditions
				contained in the contract.
Specific Authority
					 210.10 FS. Law Implemented
					 210.01,
					 210.085,
					 210.09,
					 210.15
					 FS.
Amended 9-17-73, Repromulgated 12-19-74, Formerly 7A-10.01,
					 7A-10.001, Amended 9-2-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-10 - CIGARETTE TAX DIVISION RULES › Section 61A-10.002 - Stamps, Sale of

Current through Reg. 50, No. 138; July 16, 2024
(1) Stamps will be
				sold only to stamping agents who have been given permission by the Division to
				use such stamps to evidence payment of taxes and the Division may sell such
				stamps in individual units of 1 roll or multiples thereof.
(2) Any such stamps purchased by a stamping
				agent may not be transferred or sold to any entity including other stamping
				agents; however, such stamps may be returned to the Division for credit or
				refund as specified in Rule
				61A-10.008, F.A.C.
(3) Stamping agents shall requisition stamps
				using DBPR form AB&T 4000A-006, Requisition and Invoice for Cigarette Tax
				Stamps, which may be obtained as specified in Rule
				61A-5.001, F.A.C., and is
				incorporated herein by reference and effective (2/08). Each stamping agent
				purchasing tax stamps shall file with the Division DBPR form AB&T
				4000A-040, Cigarette Stamp Signature Card, which may be obtained as specified
				in Rule 61A-5.001, F.A.C., and is
				incorporated herein by reference and effective (2/08), listing employees
				authorized to requisition and receive tax stamps. Stamps will not be delivered
				to unauthorized individuals.
Specific Authority
					 210.10 FS. Law Implemented
					 210.05
					 FS.
New 12-19-74, Amended 10-8-81, 8-29-84, Formerly 7A-10.02,
					 7A-10.002, Amended 9-2-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-10 - CIGARETTE TAX DIVISION RULES › Section 61A-10.0021 - Stamping Agent - Requirements

Current through Reg. 50, No. 138; July 16, 2024
The Division shall authorize a wholesale dealer as a stamping
				  agent to affix stamps to packages of cigarettes provided the dealer furnishes
				  the Division with:
(1) An irrevocable
				letter of credit, certificate of deposit, unconditional guarantee contract, or
				a surety bond, issued by a solvent surety company registered to do business in
				this state, equal to 110% of the estimated monthly tax liability, but not less
				than $2, 000, as required in Sections
				210.05 and
				210.08, F.S. The Division shall
				determine the estimated monthly tax liability based on the packs of unstamped
				cigarettes purchased for resale within the State of Florida, for which the
				stamps have been purchased on credit in lieu of cash payment.
(a) Surety amounts will be reviewed with
				every audit to verify compliance with this rule. The surety amount will be
				based on the highest month's total liability.
(b) Liability for stamp purchases shall not
				exceed the surety amount.
(c) Each
				month, an agent that has met the surety amount for credit liability may
				purchase additional stamps for cash on delivery, provided that the division
				receives the cash equivalent payment prior to sale of additional
				stamps.
(d) Payment for stamps must
				be made by certified check or the bank equivalent, or by electronic funds
				transfer, but not by cash currency.
(e) Stamping agents will provide the Division
				with a continuation certificate of the surety when the stamping agents pay
				their surety premium.
(f) If a
				surety instrument is cancelled, the stamping agent must cease
				operation.
(g) Applicants shall
				properly execute and submit form DBPR ABT-6032, Division of Alcoholic Beverages
				and Tobacco Surety Bond Form, which may be obtained as specified in Rule
				61A-5.001, F.A.C., and is
				incorporated herein by reference and effective (2/08). Instructions for filling
				out form DBPR ABT-6032 are provided in form DBPR ABT-6032i, Instructions for
				Completing DBPR ABT-6032, Division of Alcoholic Beverages and Tobacco Surety
				Bond Form, which may be obtained as specified in Rule
				61A-5.001, F.A.C., and is
				incorporated herein by reference and effective (2/08).
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-10 - CIGARETTE TAX DIVISION RULES › Section 61A-10.0022 - Cigarette Distributing Agent - Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 210.10 FS. Law Implemented
					 210.01,
					 210.05,
					 210.085,
					 210.15
					 FS.
New 9-2-08, Repealed
					 11-29-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-10 - CIGARETTE TAX DIVISION RULES › Section 61A-10.003 - Meter Imprints, Meter Machines (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 210.10(1) FS.
					 Law Implemented 210.07(1), (2)
					 FS.
New 12-19-74, Formerly 7A-10.03, 7A-10.003, Repealed
					 8-26-98.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-10 - CIGARETTE TAX DIVISION RULES › Section 61A-10.004 - Meter and Stamping Machines, Maintenance and Operation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 210.10(1) FS.
					 Law Implemented 210.07(1), (2)
					 FS.
New 12-19-74, Amended 3-1-76, Formerly 7A-10.04, 7A-10.004,
					 Repealed 8-26-98.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-10 - CIGARETTE TAX DIVISION RULES › Section 61A-10.005 - Excise Tax, Imposition and Exemption

Current through Reg. 50, No. 138; July 16, 2024
The cigarette excise tax is imposed upon the sale, receipt,
				  purchase, possession, handling, consumption, distribution and use of cigarettes
				  in Florida, except as follows:
(1)
				Cigarettes sold at post exchanges, ship service stores, ship stores, and slop
				chests when such agencies are operated under regulations of the Armed Forces of
				the United States or the United States Coast Guard or NASA on Armed Forces
				Reservations or other Federal Bases and Exchanges in Florida or on ships of the
				Armed Force Merchant Marines of the United States, may be sold without the
				payment of the Florida excise tax to members of the Armed Services of the
				United States only; tax exempt sales may not be made by such agencies to anyone
				other than members of the Armed Services of the United States and cigarettes
				sold to other persons must be properly stamped and Florida excise tax due
				thereon paid.
(2) Cigarettes sold
				or given by charitable organizations to bona fide patients in regularly
				established veterans hospitals in Florida or inmates of a federal prison, for
				personal use or consumption of such patients or inmates, are exempt from the
				Florida excise tax; cigarettes sold or given to anyone other than a bona fide
				patient in such hospitals or other personal use of such patients or inmates of
				a federal prison, must be properly stamped and the Florida excise tax due
				thereon paid.
(3) Each wholesale
				dealer or cigarette distributing agent handling any such tax-free cigarettes
				shall attach to their monthly report a copy of the invoice or sales slip
				substantiating any such tax-free sale. The invoice or sales slip must be signed
				by a person authorized to receive such tax-free cigarettes. The name of any
				person authorized to receive and sign for such tax-free cigarettes must be
				submitted by the commanding officer of the military installation, hospital, or
				prison to the Bureau of Auditing office of the Division wherein such
				installation is situated.
Specific Authority
					 210.10 FS. Law Implemented
					 U.S.C. Const. Art. VI cl. 2; 4 U.S.C. § 107, 14 U.S.C. §§ 1, 2;
					 42 U.S.C. §§ 2451; 2472,
					 210.03,
					 210.04,
					 210.05,
					 210.09,
					 210.11
					 FS.
Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-10.05,
					 7A-10.005, Amended 9-2-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-10 - CIGARETTE TAX DIVISION RULES › Section 61A-10.006 - Stamps, Method of Affixing

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				stamps affixed to or meter imprints placed on packages of cigarettes for the
				purpose of evidencing payment of the excise tax due thereon must be placed on
				the bottom of the package of such cigarettes in such a manner that the stamps
				are clearly visible, legible and complete.
(2) Wholesale dealers within this state must
				affix or cause to be affixed such stamps within 10 calendar days of receipt of
				the cigarettes.
(3) Wholesale
				dealers within this state may not maintain stocks of unstamped cigarettes
				unless that part is identified for sale or distribution outside this state or
				intended as tax exempt sales as defined in Section
				210.04(4), F.S.
				Such unstamped stock must be maintained separately and apart from stamped
				cigarettes.
(4) Wholesale dealers
				from outside the state must affix Florida tax stamps prior to shipping
				cigarettes into this state.
Specific Authority
					 210.10 FS. Law Implemented
					 210.04,
					 210.05,
					 210.06
					 FS.
Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-10.06,
					 Amended 3-15-90, 7-9-91, 1-7-92, Formerly 7A-10.006, Amended
					 9-2-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-10 - CIGARETTE TAX DIVISION RULES › Section 61A-10.007 - Stamps, Limitation of Use

Current through Reg. 50, No. 138; July 16, 2024
Stamping agents are prohibited from affixing stamps to or
				  placing meter imprints upon any packages of cigarettes not actually owned by
				  such stamping agents unless written permission for such action is received from
				  the Division.
Specific Authority
					 210.10 FS. Law Implemented
					 210.06,
					 210.05
					 FS.
Repromulgated 12-19-74, Formerly 7A-10.07, 7A-10.007,
					 Amended 9-2-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-10 - CIGARETTE TAX DIVISION RULES › Section 61A-10.008 - Refunds

Current through Reg. 50, No. 138; July 16, 2024
(1) No refund or credit will be made for
				stamps affixed to or meter imprints placed upon packages of cigarettes shipped
				from a wholesale dealer to a manufacturer or importer unless such wholesale
				dealer furnishes the Division with an original affidavit issued by the
				manufacturer or importer acknowledging the receipt of the cigarettes. Such an
				affidavit must be submitted with a completed DBPR form AB&T 4000A-004,
				Application for Refund or Credit of Cigarette Stamps, incorporated herein by
				reference and effective (2/08). Only upon receipt of a properly executed
				application will the Division make such refunds or credits. Applications for
				refunds or credits and supporting affidavits must be filed with the Division
				within nine months from the dates the shipments of such cigarettes were made as
				set forth in the affidavit.
(2)
				Unused stamps will be redeemed by the Division only in full rolls or partial
				rolls that can be re-sold to another stamping agent.
(3) Stamps misapplied to packages or stamps
				that become unusable may be destroyed by authorized employees of the Division
				and a credit or refund issued upon the submission of a completed DBPR form
				AB&T 4000A-004. Out of state stamping agents with misapplied Florida stamps
				must submit a sworn affidavit for misapplied or unusable
				stamps.
Specific Authority
					 210.10 FS. Law Implemented
					 210.11
					 FS.
Amended 8-25-66, Repromulgated 12-19-74, Formerly 7A-10.08,
					 7A-10.008, Amended 9-2-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-10 - CIGARETTE TAX DIVISION RULES › Section 61A-10.0091 - Manufacturer's and Importer's Reporting Requirements

Current through Reg. 50, No. 138; July 16, 2024
Each manufacturer or importer shipping or causing to be
				  shipped cigarettes into this state shall report such shipments to the Division
				  on or before the 10th calendar day of each month for the previous month's
				  shipments. Reports shall be made on the following DBPR forms:
(1) AB&T 4000A-250, Instate Cigarette
				Manufacturer's Report, which may be obtained as specified in Rule
				61A-5.001, F.A.C., and is
				incorporated herein by reference and effective (2/08).
(2) AB&T 4000A-251, Out of State
				Cigarette Manufacturer's Report, which may be obtained as specified in Rule
				61A-5.001, F.A.C., and is
				incorporated herein by reference and effective (2/08).
(3) AB&T 4000A-255, Instate Cigarette
				Importer's Receipt Report, which may be obtained as specified in Rule
				61A-5.001, F.A.C., and is
				incorporated herein by reference and effective (2/08).
(4) AB&T 4000A-256, Out of State
				Cigarette Importer's Report, which may be obtained as specified in Rule
				61A-5.001, F.A.C., and is
				incorporated herein by reference and effective (2/08).
In those cases where the 10th calendar day falls on a
				  Saturday, Sunday, or a legal holiday, monthly reports shall be accepted as
				  timely filed if postmarked or delivered to the Division on the following
				  business day which is neither a Saturday, Sunday or legal holiday. As used in
				  this rule, legal holiday means those days as designated in Section
				  110.117, F.S., and Federal
				  holidays.
Specific Authority
					 210.10 FS. Law Implemented
					 210.09
					 FS.
New 9-2-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-10 - CIGARETTE TAX DIVISION RULES › Section 61A-10.010 - Sales, Passenger Carriers

Current through Reg. 50, No. 138; July 16, 2024
Railroads, passenger vessels, and airlines are permitted to
				  sell unstamped cigarettes to bona fide travelers while in transit; provided,
				  however, such firm must report all such sales for the previous month to the
				  Division on or before the tenth calendar day of each month. Such reports must
				  be on DBPR form AB&T 4000A-220, Passenger Carrier Cigarette Report, which
				  may be obtained as specified in Rule
				  61A-5.001, F.A.C., and is
				  incorporated herein by reference and effective (2/08) and shall show all sales
				  for the previous calendar month. A remittance for the amount of excise tax due
				  the State on such sales must be submitted with the report. In those cases where
				  the 10th calendar day falls on a Saturday, Sunday, or a legal holiday, reports
				  shall be accepted as timely filed if postmarked or delivered to the Division on
				  the following business day which is neither a Saturday, Sunday or legal
				  holiday. As used in this rule, legal holiday means those days as designated in
				  Section 110.117, F.S., and Federal
				  holidays.
Specific Authority
					 210.10 FS. Law Implemented
					 210.09
					 FS.
Repromulgated 12-19-74, Formerly 7A-10.10, 7A-10.010,
					 Amended 9-2-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-10 - CIGARETTE TAX DIVISION RULES › Section 61A-10.011 - Cigarette, Monthly Reports

Current through Reg. 50, No. 138; July 16, 2024
(1) Cigarette
				wholesale dealers, cigarette distributing agents, and exporters shall maintain
				complete and accurate records of all purchases and sales of cigarettes within
				or without the state. On or before the 10th calendar day of each month, such
				wholesale dealers, cigarette distributing agents, and exporters shall report to
				the Division all such purchases and sales of cigarettes for the preceding
				month. Monthly reports shall be made on the appropriate and applicable forms
				which may be obtained as specified in Rule
				61A-5.001, F.A.C., and are
				incorporated herein by reference and effective (2/08); DBPR form AB&T
				4000A-200 Cigarette Distributing Agent's Report, DBPR form AB&T 4000A-205
				Taxable Cigarette Wholesale Dealers Report, DBPR form AB&T 4000A-210
				Cigarette Exporters Report, DBPR form AB&T 4000A-225 Tax Paid Cigarette
				Wholesale Dealers Report, or DBPR form AB&T 4000A-235 Common Carrier
				Monthly Report. Such reports shall be prepared in triplicate; the original and
				one copy of the report shall be filed with the Division wherein the wholesale
				dealer's, cigarette distributing agent's, or exporter's place of business is
				located. The third copy of the report shall be maintained by the wholesale
				dealer, cigarette wholesale dealer or exporter and kept as part of their
				accounting records for a period of three years. In those cases where the 10th
				calendar day falls on a Saturday, Sunday, or a legal holiday, monthly reports
				shall be accepted as timely filed if postmarked or delivered to the Division on
				the following business day which is neither a Saturday, Sunday or legal
				holiday. As used in this rule, legal holiday means those days as designated in
				Section 110.117, F.S., and Federal
				holidays.
(2) If the Division
				determines that any amount of gross tax is due from the monthly reports, the
				Division shall notify the permit holder in writing by personal delivery or U.S.
				Mail, stating that the permit holder has 10 calendar days from the receipt of
				written notification in which to correct the report and payment amount. If the
				permit holder does not correct the report and payment within the allotted time,
				the Division will assess the amount due together with interest and penalties
				and initiate administrative proceedings.
Specific Authority
					 210.09,
					 210.10 FS. Law Implemented
					 210.01,
					 210.09,
					 210.13
					 FS.
Repromulgated 12-19-74, Formerly 7A-10.11, 7A-10.011,
					 Amended 9-2-08.