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-5.010 - Applications; Transfer Fee

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				application for new licensure shall be filed on DBPR ABT 6001, APPLICATION FOR
				ALCOHOLIC BEVERAGE LICENSE, effective February 2013, and incorporated herein by
				reference. 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.myfloridalicense.com/dbpr/abt/forms/index_licensing.html
or at
https://www.flrules.org/gateway/reference.asp?NO=Ref-02635
.
(2) An application for transfer of ownership
				of an existing license shall be filed on DBPR ABT 6002, APPLICATION FOR
				TRANSFER OF AN ALCOHOLIC BEVERAGE LICENSE AND NEW TOBACCO PERMIT, effective
				February 2013, and incorporated herein by reference. 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.myfloridalicense.com/dbpr/abt/forms/index_licensing.html
or at
https://www.flrules.org/gateway/reference.asp?NO=Ref-02636
.
				An applicant for transfer of a quota liquor license shall also provide records
				of gross sales of alcoholic beverages for the past 3 years, which the division
				will utilize to compute the applicable transfer fee. An applicant for transfer
				of a quota liquor license may elect to pay a $5, 000 transfer fee, in lieu of
				providing such records. This transfer fee shall be paid in addition to any
				other applicable transfer fees provided by general law and is subject to the
				following provisions:
(a) If the quota liquor
				license has been transferred by court order or certificate of title during the
				past 3 years, the applicant shall provide records of gross sales of alcoholic
				beverages from the date of such transfer. In lieu of providing these records,
				the applicant may elect to pay a $5, 000 transfer fee. For each month prior to
				the date of the court order or certificate of title, the applicant shall be
				entitled to claim zero gross sales of alcoholic beverages for purposes of
				calculating the transfer fee. If the quota liquor license has been transferred
				by court order or certificate of title in the past 3 years and there have been
				no gross sales of alcoholic beverages since the date of such transfer, there
				shall be no transfer fee.
(b) In an
				effort to assist applicants in establishing gross sales for the past 3 years,
				the Division shall attempt to obtain from the Department of Revenue records of
				gross sales of any prior licensee, except the immediate transferor, who held
				the license during the past 3 years. In the event the quota liquor license was
				transferred by court order of certificate of title during the past 3 years, the
				Division will not attempt to obtain records of gross sales prior to the date of
				such transfer. Notwithstanding this provision, it remains the applicant's
				burden to establish gross sales of alcoholic beverages for the past 3 years. In
				lieu of establishing such gross sales, the applicant may elect to pay $5, 000
				transfer fee.
(c) The applicant is
				not required to provide records of gross sales of alcoholic beverages for any
				month in which the quota liquor license was in Division-approved inactive
				status for the entire month, and the applicant shall be entitled to claim zero
				gross sales of alcoholic beverages for each such month.
(d) The applicant shall be entitled to claim
				zero gross sales of alcoholic beverages for any month in which a prior licensee
				did not have an open sales tax account with the Department of Revenue for the
				entire month.
(e) If a license has
				been inactive for the entire past 3 years, regardless of whether the Division
				approved the period of inactivity, the applicant shall pay a $5, 000 transfer
				fee.