reglab/statecodes huggingface dataset:
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-3 - VENDORS AND LICENSEES › Section 61A-3.043 - Special Hotel, Motel, Motor Court and Condominium-owned Motor Court Minimum Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) All hotel,
				motel and motor courts holding a license, in addition to quota limitations
				imposed by Section 561.20(1),
				F.S., and all hotel, motel, motor courts and condominium-owned motor courts,
				holding or applying for a license issued under Section
				561.20(2),
				F.S., or any applicable special act must meet and maintain the minimum
				requirements for bona fide motel, hotel, motor court and condominium-owned
				motor courts.
(2) The following
				criteria will be used in determining whether an applicant for a special liquor
				license is a bona fide hotel, motel, motor court or condominium-owned motel or
				motor court:
(a) The business must be
				advertised and held out to the public to be a hotel, motel, motor court or
				condominium-owned motor court; and,
(b) All State, county and municipal licenses
				required by law for proper operation, must reflect hotel, motel, motor court or
				condominium-owned motor court; and,
(c) The premises shall establish and maintain
				daily, weekly and monthly rates, on all transient guest rooms, required to
				qualify for special hotel, motel, motor court or condominium-owned motor court
				license; and,
(d) The premises
				shall establish and maintain registration records and procedures, and the
				premises shall supply such services as commonly found in a bona fide hotel,
				motel, motor court or condominium-owned motor court, such as; linen, maid
				service, telephone, etc. All utilities such as gas, electric or telephone shall
				be under the name of the premises and paid for by same; and,
(e) The primary operation of such premises
				shall be the operation of a bona fide hotel, motel, motor court or
				condominium-owned motor court, and at all times maintain sufficient equipment
				for the operation of same, and at no time shall the premises be maintained
				solely for the purpose of sale and service of alcoholic
				beverages.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-3 - VENDORS AND LICENSEES › Section 61A-3.046 - Promotional Displays and Advertising (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 561.11 FS. Law Implemented
					 561.42(1), (12)
					 FS.
New 1-2-85, Formerly 7A-3.46, 7A-3.046, Repealed
					 1-20-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-3 - VENDORS AND LICENSEES › Section 61A-3.047 - Exploitation of Dwarfs (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 561.11,
					 561.665 FS. Law Implemented
					 561.665
					 FS.
New 9-18-89, Amended 8-28-91, Formerly 7A-3.47, Repealed
					 7-5-95.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-3 - VENDORS AND LICENSEES › Section 61A-3.048 - Exploitation of Dwarfs

Current through Reg. 50, No. 138; July 16, 2024
(1) A dwarf is a
				person with the medical condition known as dwarfism. Dwarfism means a person of
				disproportionate or proportionate short stature most often caused by a genetic
				syndrome.
(2) It is unlawful for a
				licensee to promote, engage in, or permit any exploitative contest, promotion
				or other form of recreational activity which results in the endangerment of the
				health, safety or welfare of a dwarf on any premises licensed under the
				beverage law. Any activity described as dwarf-tossing is specifically included
				within those acts of exploitation prohibited by this rule.
(3) Nothing contained herein shall be
				construed to prohibit dwarfs from engaging in non-exploitative sporting or
				recreational events of the type engaged in by persons who are not
				dwarfs.
(4) The division is
				authorized to impose all the penalties set forth in Section
				561.29 or
				561.665, F.S., against the
				license of any entity found in violation of this rule.
Rulemaking Authority
					 561.11,
					 561.665 FS. Law Implemented
					 561.665
					 FS.
New 8-21-02.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-3 - VENDORS AND LICENSEES › Section 61A-3.049 - Bottle Club Licenses

Current through Reg. 50, No. 138; July 16, 2024
(1) Definition. A
				bottle club is:
(a) A commercial
				establishment;
(b) Operated for
				profit, whether or not a profit is actually made;
(c) A premises where alcoholic beverages are
				not sold but where patrons are allowed to consume alcoholic beverages on the
				premises; and,
(d) Located in a
				building or other enclosed or covered structure.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-3 - VENDORS AND LICENSEES › Section 61A-3.050 - Special Low-proof Products

Current through Reg. 50, No. 138; July 16, 2024
Special low-proof products are defined as products which
				  contain less than 6 percent alcohol by volume. Distilled, mixed, or fermented
				  products which contain less than 6 percent alcohol by volume shall mean only
				  those products sealed by the manufacturer and offered for sale to vendors
				  through licensed distributors in the originally sealed
				  containers.
Rulemaking Authority
					 561.11 FS. Law Implemented
					 564.06(5),
					 562.02
					 FS.
New 4-1-91, Formerly 7A-3.050, Amended
					 1-20-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-3 - VENDORS AND LICENSEES › Section 61A-3.051 - Transfer of Quota License (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 561.11 FS. Law Implemented
					 561.19,
					 561.32
					 FS.
New 2-28-94, Repealed
					 1-20-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-3 - VENDORS AND LICENSEES › Section 61A-3.052 - Identification to Verify Age

Current through Reg. 50, No. 138; July 16, 2024
(1) A licensee
				who has been cited in an administrative action for violations of sections
				562.11(1)(a)
				and 859.06, F.S., shall have a
				defense to any administrative action if the underage person falsely evidenced
				that he was of legal age to purchase the alcoholic beverage, cigarettes, or
				tobacco products or consume the alcoholic beverage product and the appearance
				of the person was such that an ordinarily prudent person would believe the
				person is of legal age to purchase or consume those products, and if the
				licensee attempted to verify the person's age by checking one of the following
				forms of identification with respect to the person:
(a) A driver's license, issued by any
				government agency, domestic or foreign, provided it includes a
				photograph;
(b) Identification
				cards issued by any state, provided it includes a photograph;
(c) Passports;
(d) An identification card issued by any
				branch of the United States military which shows the customer is currently
				serving in the United States Armed Services or is a family member of a person
				currently serving in the United States Armed Services.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-3 - VENDORS AND LICENSEES › Section 61A-3.053 - Hardship for Extension to Activate Quota License (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 561.11 FS. Law Implemented
					 561.29
					 FS.
New 2-28-94, Repealed
					 1-10-16.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-3 - VENDORS AND LICENSEES › Section 61A-3.054 - Party-Type Supplies

Current through Reg. 50, No. 138; July 16, 2024
(1) Party-type
				supplies shall only include the following:
(a)
				All dairy products;
(b) Ready to
				eat deli meats and cheeses, including those packaged by a
				manufacturer;
(c)
				Condiments;
(d) Sauces;
(e) Spices;
(f) Eggs;
(g) Chips, popcorn, and nuts;
(h) Crackers;
(i) Ingredients for salads, dips, and
				dressings;
(j) Cooked foods ready
				to eat;
(k) Bread;
(l) Candy; and,
(m) Fruit;
(n) Napkins, paper and plastic plates and
				cups, and eating and serving utensils;
(o) Wine and liquor opening, storage, and
				serving utensils and equipment;
(p)
				Publications relating to alcoholic beverage products and recipes;
(q) Items containing the logo, trade name, or
				trademark relating to alcoholic beverages;
(r) Gift wrapping accessories and greeting
				cards; and,
(s)
				Ice.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-3 - VENDORS AND LICENSEES › Section 61A-3.055 - Items Customarily Sold in a Restaurant

Current through Reg. 50, No. 138; July 16, 2024
As used in Section
				  565.045, F.S., items customarily
				  sold in a restaurant shall only include the following:
(1) Food; or
(2) Beverages; or
(3) Souvenirs; or
(4) Gift cards or gift
				certificates.
Rulemaking Authority
					 561.11 FS. Law Implemented
					 565.045
					 FS.
New 12-20-94, Amended
					 5-2-23.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.003 - Delinquent Accounts, Reporting (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 561.11 FS. Law Implemented
					 561.01(10),
					 561.42(3), (4),
					 (5) FS. Florida Beverage Corporation, Inc. et
					 al. v. Wynne, 306 So. 2d 200 (Fla. 1st DCA
					 1975).
Repromulgated 12-19-74, Amended 3-1-76, 11-28-76, 1-28-80,
					 Formerly 7A-4.03, 7A-4.003, Repealed
					 8-1-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.007 - Salesmen Excluded as Vendors

Current through Reg. 50, No. 138; July 16, 2024
No person employed by a distributor of alcoholic beverages in
				  the capacity of a salesman may be issued a vendor's license.
Specific Authority
					 561.11 FS. Law Implemented
					 561.22
					 FS.
Repromulgated 12-19-74, Formerly 7A-4.07,
					 7A-4.007.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.010 - Reports, Out of State Shipments

Current through Reg. 50, No. 138; July 16, 2024
All out of state manufacturers, importers and distributors
				  who ship any alcoholic beverages into the State of Florida shall file a report
				  of all such shipments with the Division on or before the 10th of each month for
				  the previous month. Such reports shall be made on forms prescribed by the
				  Division for that purpose and shall reflect the kind of beverages shipped into
				  Florida, the date of shipment, the quantity shipped and the party to whom such
				  alcoholic beverages were shipped and must include beverages shipped in Federal
				  bond.
Specific Authority
					 561.11 FS. Law Implemented
					 561.54
					 FS.
Repromulgated 12-19-74, Formerly 7A-4.10,
					 7A-4.010.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.011 - Inventory Forms, Spirituous, Vinous, and Malt Beverages

Current through Reg. 50, No. 138; July 16, 2024
(1) Each manufacturer and distributor of
				spirituous, vinous, or malt beverages shall have printed or reproduced
				inventory forms listing each brand or label and size container of all
				spirituous, vinous, and malt beverages sold by such manufacturer or
				distributor. Such inventory form shall indicate the advance disposal fee status
				of each container and the number of units per case.
(2) Each such manufacturer or distributor
				shall be required to furnish the division's office wherein such manufacturer
				distributor's licensed place of business is situated and reporting, upon
				request, a sufficient supply of such inventory forms to be used in connection
				with the division's audit of such manufacturer or distributor's
				records.
Specific Authority
					 561.02,
					 561.11 FS. Law Implemented
					 561.55,
					 561.29(2)
					 FS.
Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-4.11,
					 7A-4.011, Amended 2-24-94.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.012 - Spirituous Beverages, Distributor Ledger Records or Print-out of Electronic Data Processing Accounting Records

Current through Reg. 50, No. 138; July 16, 2024
Each distributor of spirituous beverages must maintain at his
				  licensed premises a ledger account or print-out of electronic data processing
				  accounting records for each vendor to which sales of spirituous beverages are
				  made. All sales to each vendor and all payment received from each vendor must
				  be recorded on the ledger account or printout of electronic data processing
				  accounting records as follows:
(1)
				Sales to Vendors: The date of sale, the number of the invoice covering the sale
				and the amount of the sale must be posted to the ledger account or printout of
				electronic data processing accounting record.
(2) Payments from Vendors: The date payment
				was received and the amount of payment must be posted to the ledger account or
				printout of electronic data processing accounting record.
(3) Such ledger accounts or printout of
				electronic data processing accounts must be retained by the distributor at his
				licensed premises for a period of three years.
Specific Authority
					 561.11 FS. Law Implemented
					 561.55
					 FS.
Repromulgated 12-19-74, Amended 3-1-76, 6-27-76, Formerly
					 7A-4.12, 7A-4.012.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.013 - Malt Beverages, Differential Prices or Change of Prices

Current through Reg. 50, No. 138; July 16, 2024
(1) If a manufacturer or distributor of malt
				beverages establishes differential prices or change of prices on such beverages
				according to the quantity sold, such manufacturer or distributor must file the
				differential prices or changes of prices with the Division giving ten (10) days
				notice before change of price becomes effective.
(2) If any such manufacturer or distributor
				operates branches and maintains a price structure that establishes different
				prices in said branches than the prices established at the parent place of
				business, price list for such branches and the parent place of business must be
				filed with the Division.
(3) If any
				such manufacturer or distributor establishes price differentials on the same
				quantity but in different counties, price lists should be filed by
				county.
(4) All price lists
				required to be filed in the following manner: original to central office of the
				Division at Tallahassee; duplicate to the appropriate district
				office.
Rulemaking Authority
					 561.11 FS. Law Implemented
					 561.42(1),
					 563.065
					 FS.
Repromulgated 12-19-74, Formerly 7A-4.13,
					 7A-4.013.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.0131 - Malt Beverages, Keg Deposits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 561.11 FS. Law Implemented
					 561.42(1),
					 563.08
					 FS.
New 6-13-77, Formerly 7A-4.131, 7A-4.0131, Repealed
					 9-20-16.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.014 - Alcoholic Beverages, Sale to Government Installations

Current through Reg. 50, No. 138; July 16, 2024
Each licensed manufacturer or distributor making such tax
				  free sales of alcoholic beverages shall attach to his monthly report a copy of
				  all invoices or sales slips for each such tax free sale. The invoices or sales
				  slips must be signed by a person authorized to receive and sign for such tax
				  free beverages. The name of every person authorized to receive and sign for
				  such tax free beverages must be filed with the appropriate district office of
				  the Division of Beverage by the commanding officer of the armed services
				  reservation concerned.
Rulemaking Authority
					 561.11,
					 564.06(9) FS.
					 Law Implemented 563.05,
					 564.06(8),
					 565.12
					 FS.
Repromulgated 12-19-74, Amended 3-1-76, 9-5-84, Formerly
					 7A-4.14, 7A-4.014
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.018 - Rental Between Vendor and Distributor Prohibited

Current through Reg. 50, No. 138; July 16, 2024
It shall be considered a violation of Section 561.42, Florida
				  Statutes, for any distributor to rent any property to a licensed vendor or from
				  a licensed vendor if said property is used, in whole or part as part of the
				  licensed premises of said vendor or if said property is used in any manner in
				  connection with said vendor's place of business.
Specific Authority
					 561.11 FS. Law Implemented
					 561.42(1)
					 FS.
Repromulgated 12-19-74, Formerly 7A-4.18,
					 7A-4.018.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.023 - Shipments, for Consumption Outside of Florida

Current through Reg. 50, No. 138; July 16, 2024
Manufacturers or distributors shipping or delivering
				  alcoholic beverages for consumption outside the confines of the State of
				  Florida must supply the Division with a copy of the bill of lading, must show
				  type of beverages, amount by size container and gallonage of each type shipped
				  by common carrier or licensees' vehicles and a certificate from a
				  representative of the appropriate regulatory agency of the jurisdiction into
				  which the alcoholic beverages were shipped stating the shipment has been
				  reported properly to that agency.
Specific Authority
					 561.11 FS. Law Implemented
					 561.49
					 FS.
Repromulgated 12-19-74, Formerly 7A-4.23,
					 7A-4.023.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.028 - Delivery or Imports into Florida

Current through Reg. 50, No. 138; July 16, 2024
Any person, firm or corporation bringing or delivering into
				  the State of Florida any alcoholic beverages in an amount exceeding one gallon
				  (standard U.S. gallon) is required to report such deliveries to the Division of
				  Beverage on forms prescribed for that purpose. Such reports shall show the name
				  of the shipper and consignee, the brand and type of beverages being delivered
				  and the quantity of alcoholic beverages being delivered. The quantity must be
				  reported, either in gallons or cases, and if it is reported in cases, the
				  report must show the number and sizes of bottles in each
				  case.
Specific Authority
					 561.11 FS. Law Implemented
					 561.55(1),
					 562.20
					 FS.
Repromulgated 12-19-74, Formerly 7A-4.28,
					 7A-4.028.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.030 - Deliveries to Vendors (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 561.11 FS. Law Implemented
					 561.14(1),
					 561.56,
					 561.57,
					 565.03(1)
					 FS.
Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-4.30,
					 7A-4.030, Repealed 11-29-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.031 - Delivery to Vendors and Accumulated Discounts

Current through Reg. 50, No. 138; July 16, 2024
Accrued, accumulative or retroactive discounts are prohibited
				  by statute. Therefore, any discount given on the purchase of alcoholic
				  beverages by a vendor must be given only on alcoholic beverages purchased in a
				  single transaction. In order for quantity discounts on malt beverages to be
				  granted, all of the quantity required to be purchased to qualify for the
				  quantity discount must be delivered to a single location i.e., the total volume
				  of malt beverages upon which the discount is based shall not be subdivided for
				  delivery to multiple locations. However, the total quantity may be subdivided
				  for delivery to a single licensed location or off-premise storage warehouse
				  provided the total volume is delivered to that premise on a single day during
				  the calendar week.
(1) Delivery of all
				alcoholic beverages purchased in a single transaction must be made during the
				same calendar week.
(2) Payment for
				alcoholic beverages purchased in a single transaction as defined by rule
				61A-1.006, F.A.C., must be made
				within the period of time prescribed by law.
(3) Any discount given a vendor for the
				purchase of alcoholic beverages shall be a cash discount and shall be reflected
				on the invoice covering such sale.
Rulemaking Authority
					 561.11 FS. Law Implemented
					 561.42(6),
					 561.01(10)
					 FS.
Amended 7-20-64, 3-24-65, 11-17-70, Repromulgated 12-19-74,
					 Amended 3-1-76, Formerly 7A-4.31, Amended 1-9-91, Formerly
					 7A-4.031.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.040 - Tax Free Beverages, Vessels or Aircraft

Current through Reg. 50, No. 138; July 16, 2024
Manufacturers and distributors may sell alcoholic beverages
				  to vessels or aircraft without payment of any of the taxes imposed on such
				  alcoholic beverages under the beverage law, if the Federal Government permits
				  such sales to be made without payment of Federal Excise taxes or if the Federal
				  Government permits a refund of the Federal Excise Tax on such sales of
				  alcoholic beverages. A copy of the evidence furnished to the Federal Government
				  by the manufacturer or distributor for the purpose of securing a tax exemption
				  or refund of tax payment on any such sale must be attached to the monthly
				  report filed by the manufacturer or distributor.
Specific Authority
					 561.11 FS. Law Implemented
					 561.49
					 FS.
Repromulgated 12-19-74, Formerly 7A-4.40,
					 7A-4.040.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.041 - Passenger Vessels Engaged in Foreign Commerce

Current through Reg. 50, No. 138; July 16, 2024
Each vendor holding a passenger vessel permit is required to
				  pay tax and surcharge, as applicable, for alcoholic beverages, cigarettes, and
				  other tobacco products sold pursuant to Section
				  565.02(9),
				  F.S., and such permittees must report and remit the tax and surcharge on a
				  quarterly basis to the division in accordance with the provisions of this
				  rule.
(1) As used in Section
				565.02(9)(a)3., F.S., the term "departs" includes every instance a passenger
				vessel leaves a port in Florida, including instances where the port is neither
				the initial port nor the final port.
(2) As used in Section 565.02(9)(a)4.a.,
				F.S., the term "affixed" means beds secured to the vessel in such a manner as
				to limit hazardous movement of the bed while in transit, no matter the form of
				attachment.
(3) Quarterly reports,
				including the payment of tax and surcharge, are due to the division on or
				before the 15th day of the month following the calendar quarter being reported.
				Permittees shall:
(a) Include each vessel's
				total number of lower berths and embarkations during the reported calendar
				quarter.
(b) File quarterly reports
				using the division's electronic filing system and remit payment via electronic
				funds transfer, unless otherwise directed by the division.
(c) Remit reports, taxes, and surcharge on or
				before the 15th day of the month after the calendar quarter for which the
				reports, taxes and surcharge are due. If the 15th day of the month is a
				Saturday, Sunday or legal holiday, remittance shall be made before the end of
				the next business day.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.043 - Invoice by Alcoholic Beverages K-LD License Series Distributors, Spirituous, Malt and Vinous Beverages

Current through Reg. 50, No. 138; July 16, 2024
(1) Any
				sale of spirituous beverages made by a distributor to a vendor must be
				evidenced by an invoice or sales ticket which shall reflect the following
				information:
(a) Name and address of the
				distributor;
(b) Date invoice was
				prepared;
(c) Date of
				delivery;
(d) Whether merchandise
				was delivered by common carrier or distributor's equipment;
(e) Identification of salesman making
				sale;
(f) Name, address and license
				number of the vendor to whom the merchandise was sold;
(g) Brand name, amount of cases and size of
				container in each case, or number of bottles and size of container in each
				case, or number of bottles and size of bottles and total gallons sold by each
				tax classification; provided, however, the gallonage tax breakdown is not
				required on the invoice if such information is retained elsewhere in the
				distributor's records on a daily summary basis;
(h) Gross unit cost, amount of discount and
				net cost of each item of merchandise. Gross amount of the invoice, total amount
				of discount and net amount due; and
(i) Date payment is due.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.044 - Loading Sheets, Beer and Wine Trucks

Current through Reg. 50, No. 138; July 16, 2024
All manufacturers and/or distributors of beer and wine shall
				  require drivers of trucks distributing beer and wine to vendors to carry a copy
				  of a loading sheet or manifest showing the date the truck was loaded and the
				  number of cases or containers loaded thereon. Manufacturers and/or distributors
				  shall retain file copies of such loading sheets or manifests for a period of
				  three years after their issuance; and such records shall be open to inspection
				  by authorized employees of the Division. No alcoholic beverage may be
				  transported by a manufacturer or distributor unless it is accounted for by a
				  loading sheet, manifest or invoice accompanying the shipment or
				  delivery.
Specific Authority
					 561.11 FS. Law Implemented
					 561.42,
					 561.55,
					 563.08
					 FS.
Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-4.44,
					 7A-4.044.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.045 - Invoice by Alcoholic Beverages J-DBW and J-DB License Series Distributors, Malt Beverages and Wine

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				manufacturer, distributor, broker, sales agent or importer of malt beverages
				must complete a sales ticket or invoice at the time of sale and delivery of any
				such malt beverages. Such sales ticket or invoice must have the following
				information written or printed thereon:
(a)
				Date;
(b) Name and address of the
				manufacturer, distributor, broker, sales agent or importer making the
				sale;
(c) The name, address and
				license number of the purchaser;
(d) The number of cases of malt beverages
				sold;
(e) The price charged per
				case; and
(f) The total price paid
				for the total amount of merchandise listed on the invoice.
Charges made for deposits collected and credits allowed for
				  empty containers returned must be shown separately on all such sales tickets or
				  invoices. A copy of such sales tickets or invoices must be given to the
				  purchaser at the time of delivery.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.046 - Alcoholic Beverages, Samples, Withdrawals (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 561.11 FS. Law Implemented
					 561.42
					 FS.
Repromulgated 12-19-74, Amended 3-1-76, 11-20-85, Formerly
					 7A-4.46, 7A-4.046, Repealed 8-1-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.0461 - Discounts, Alcoholic Beverages (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 561.11 FS. Law Implemented
					 561.01(10),
					 561.42(1), (6)
					 FS.
New 3-1-76, Formerly 7A-4.461, Amended 1-9-91, Formerly
					 7A-4.0461, Repealed 8-1-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.0501 - Pool Buying - Definition; Creation; Procedures; Record Keeping; Restrictions

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) "Pool buying" shall mean the combining of
				orders into a single transaction, by two or more vendors, who are members of a
				cooperative or pool buying group approved by the Division of Alcoholic
				Beverages and Tobacco, for the purpose of maximizing purchasing
				power.
(b) "Members of a pool
				buying group" shall mean only those licensees reported by the pool buying agent
				and approved by the Division.
(c)
				"Pool buying agent" shall mean the vendor designated as such by the pool buying
				group in a pool buying agreement. A pool buying agent must be licensed as a
				vendor in this state and authorized by its license to purchase the types of
				alcoholic beverages which the agent orders on behalf of the
				group.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.056 - Primary American Source of Supply

Current through Reg. 50, No. 138; July 16, 2024
(1)
				One primary American source of supply shall be designated for each brand of
				spirituous liquors and wines handled in this state by any Florida distributor.
				The manufacturer or owner of the spirituous liquor or wine at the time the same
				became a marketable product shall designate the primary American source of
				supply and such primary American source of supply shall file a registration
				application with the Division on forms provided by the Division. Each brand of
				such spirituous liquor or wine shall be individually listed on such
				registration.
(2) No manufacturer,
				owner, agent of such person or primary American source of supply shall ship or
				cause to be shipped into Florida nor shall any Florida distributor receive any
				spirituous liquors or wines unless the primary American source of supply for
				such spirituous liquor or wine has filed an application for registration as
				primary American source which application has been approved by the
				Division.
(3) The Division shall
				register only one primary American source of supply for any one brand of
				spirituous beverages or wine.
(4)
				Distributors licensed in the State of Florida shall not purchase, receive or be
				in possession of any spirituous liquors or wines unless the same were obtained
				directly from a registered primary American source of supply and the invoice to
				the distributor for such product is from the registered primary American source
				of supply.
(5) Nothing in this rule
				shall prohibit subsequent intrastate sales, transfer, and invoicing of
				spirituous liquor or wine between licensed Florida distributors.
(6) It shall be the responsibility of the
				primary American source to report on forms provided by the Division all
				shipments of product to any Florida distributors and to provide copies of
				invoices going to such distributors.
Specific Authority
					 561.11 FS. Law Implemented
					 564.045,
					 565.095
					 FS.
New 8-31-83, Formerly 7A-4.56,
					 7A-4.056.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.061 - Malt Beverages; Exclusive Sales Territories

Current through Reg. 50, No. 138; July 16, 2024
(1) Each licensed distributor that sells or
				delivers malt beverages is required to file all formal written sales territory
				agreements prior to selling or delivering any brand or brands of malt beverages
				to vendors.
(a) Each licensed distributor
				that has an oral sales territory agreement that was in effect prior to July 6,
				1988 shall file a letter of notification to the division that such an oral
				agreement is in effect, which shall include the following information:
1. The name of the brand or brands covered in
				the agreement;
2. The name of the
				parties to the agreement;
3. The
				effective date of the agreement; and
4. The expiration date of the
				agreement.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-4 - MANUFACTURERS AND DISTRIBUTORS › Section 61A-4.063 - Alcoholic Beverage Surcharge Implemented for Consumption-on-Premises Vendors (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 561.11 FS. Law Implemented
					 561.501
					 FS.
New 1-15-91, Amended 11-4-91, 12-22-92, Formerly 7A-4.063,
					 Repealed 6-7-12.
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-5.001 - Obtaining of Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 561.11 FS. Law Implemented
					 561.08,
					 561.11
					 FS.
New 2-16-89, Formerly 7A-5.001, 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-5.0011 - Application for Vehicle Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 561.08,
					 561.11 FS. Law Implemented
					 561.17,
					 561.57,
					 562.07
					 FS.
New 11-27-13, Repealed
					 9-20-16.
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-5.0012 - Application for Mortgagee's Interest in Spirituous Alcoholic Beverage License; Request for Alcoholic Beverage Lien Search

Current through Reg. 50, No. 138; July 16, 2024
(1) To request a lien search for a spirituous
				alcoholic beverage license complete DBPR ABT-6023 REQUEST FOR ALCOHOLIC
				BEVERAGE LICENSE LIEN SEARCH, effective February 2013, adopted and incorporated
				herein by reference. 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-03359
.
(2) To file a lien or security interest in a
				spirituous alcoholic beverage license which may be enforceable against the
				license, the party which holds the lien or security interest, within 90 days of
				the date of creation of the lien or security interest, shall record the same
				with the division. An application must be filed on DBPR ABT-6022, APPLICATION
				FOR MORTGAGEE'S INTEREST IN SPIRITUOUS ALCOHOLIC BEVERAGE LICENSE, effective
				July 2013, adopted and incorporated herein by reference. This form may be used
				to file one of the following:
(a) New
				Lien;
(b) Lien
				Assignment/Assumption;
(c) Lien
				Renewal/Extension;
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-03330
.
				  Application must be complete and requirements furnished in accordance with the
				  list of license application requirements.
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-5.0013 - Application for Temporary Permit or Special Sales License

Current through Reg. 50, No. 138; July 16, 2024
(1) Temporary Permit (ODP) - A bona fide
				nonprofit civic organization, charitable organization, municipality, or county
				may apply for a temporary permit to sell alcoholic beverages for consumption on
				the premises only, for a period not to exceed three days. Such bono fide
				nonprofit civic organizations, charitable organizations, municipalities, or
				counties may be issued up to twelve permits per calendar year unless otherwise
				authorized by special act.
(a) Municipalities
				and counties must first attempt to solicit a qualified nonprofit civic or
				charitable organization to conduct such sales prior to requesting the temporary
				permit.
(b) Municipalities and
				counties must donate all profits from the sales of alcoholic beverages
				collected during the permitted event to a nonprofit civic or charitable
				organization within 90 days after the permitted event.
(c) Nonprofit or civic organizations must
				retain all profits from sales of alcoholic beverages collected during the
				permitted event.
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-5.0014 - Application for Change to Licensed Entity

Current through Reg. 50, No. 138; July 16, 2024
When permitted by law a licensee may make changes to the
				  internal structure or amend the name of the licensed legal entity. An
				  application must be filed with the Division on DBPR ABT-6004, APPLICATION FOR
				  CHANGE TO A LICENSED LEGAL ENTITY, effective August 2013, adopted 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.flrules.org/Gateway/reference.asp?No=Ref-03333
.
Rulemaking Authority
					 561.08,
					 561.11 FS. Law Implemented
					 561.17,
					 561.32,
					 562.41
					 FS.
New 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-5.0015 - Application for Importer or Broker Sales Agent Licenses

Current through Reg. 50, No. 138; July 16, 2024
Any person before engaging in the business of importing or
				  acting as a broker or sales agent for alcoholic beverages must file an
				  application on DBPR ABT-6008, APPLICATION FOR IMPORTER OR BROKER SALES AGENT
				  LICENSE, effective August 2013, adopted 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.flrules.org/Gateway/reference.asp?No=Ref-03334
.
Rulemaking Authority
					 561.08,
					 561.11 FS. Law Implemented
					 561.14(4), (5),
					 561.17,
					 561.181,
					 561.351,
					 562.41
					 FS.
New 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-5.0016 - Application for Common Carrier License; Application for Passenger Vessel Permit

Current through Reg. 50, No. 138; July 16, 2024
(1) Operators of
				railroad lines, steamships, buses, and airplanes which operate and engage in
				the sale of alcoholic beverages within this state must file an application for
				licensure on DBPR ABT-6020, APPLICATION FOR COMMON CARRIER LICENSE, effective
				August 2013, adopted and incorporated herein by reference.
(2) Passenger Vessels engaged exclusively in
				foreign commerce and which operate and engage in the sale of alcoholic
				beverages within this state must file an application for licensure on DBPR
				ABT-6021, APPLICATION FOR PASSENGER VESSEL PERMIT, effective August 2013,
				adopted and incorporated herein by reference.
(3) The applications must be completed in
				accordance with the list of license requirements contained in the application
				instructions. The forms listed in this rule are 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-03335
and
http://www.flrules.org/Gateway/reference.asp?No=Ref-03336
.
Rulemaking Authority
					 561.08,
					 561.11 FS. Law Implemented
					 561.17,
					 562.41,
					 565.02
					 FS.
New 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-5.0017 - Application for Extension of Premises or Amended Sketch of Licensed Premises

Current through Reg. 50, No. 138; July 16, 2024
In order to file a change or alter the sketch of licensed
				  premises that was previously approved by the division an application must be
				  filed on DBPR ABT-6029, APPLICATION FOR EXTENSION OR AMENDED SKETCH OF LICENSED
				  PREMISES, effective August 2013, adopted and incorporated herein by reference.
				  This form may be used to request a:
(1) Temporary Extension; or
(2) Permanent Extension; or
(3) Amended Sketch.
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-03337
.
Rulemaking Authority
					 561.08,
					 561.11 FS. Law Implemented
					 561.01(11),
					 562.41,
					 565.02(1)(g)
					 FS.
New 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-5.0018 - Application for Alcoholic Beverage Exporter Registration

Current through Reg. 50, No. 138; July 16, 2024
Any person engaged in the sale of alcoholic beverages outside
				  the state must register with the Division on form DBPR ABT-6026, APPLICATION
				  FOR ALCOHOLIC BEVERAGE EXPORTER REGISTRATION, incorporated herein by reference
				  and effective August 2013, adopted 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.flrules.org/Gateway/reference.asp?No=Ref-03338
.
Rulemaking Authority
					 561.08,
					 561.11 FS. Law Implemented
					 561.01(16),
					 561.14(7),
					 561.17(4),
					 562.12(2)
					 FS.
New 11-27-13.