Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-1 - DEFINITIONS › Section 61A-1.006 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) As used in Section
				565.045, F.S., the term "place
				of business" shall include all interior rooms, or areas which are directly
				connected by interior openings or doorways from the space where alcoholic
				beverages are sold, delivered, consumed, or stored. It shall not include common
				areas used by patrons to enter buildings or malls with more than two places of
				business. Common areas shall not be considered rooms or areas of the licensed
				place of business if they are not leased to any tenant occupying the building
				and are not used as part of any occupant's business.
(2) As used in Sections 561.20(2)(a)4., and
				(2)(b), F.S., the term "restaurant" shall include all interior rooms or areas
				which are directly connected by interior openings or doorways from the place
				where food is delivered, stored, prepared, served, or sold. It shall not
				include common areas used by patrons to enter buildings or malls with more than
				two places of business, or hotels, motels, motor courts, and condominium
				accommodations which are licensed as a vendor. Common areas shall not be
				considered rooms or areas of the licensed place of business if they are not
				leased to any tenant occupying the building and are not used as part of any
				occupant's business.
(3) The term
				"package store" shall mean a licensed place of business where alcoholic
				beverages are sold in the original sealed containers as received from the
				distributor for consumption off the premises only.
(4) The term "single transaction" as used in
				the Division's rules means any single order given on any day and does not mean
				accumulated orders on a day-to-day basis. When used with reference to malt
				beverage sales, the term "single transaction" means any single order given on
				any day and delivered to one licensed location or to one permitted off premises
				storage warehouse on a single day during the calendar week.
(5) The term "manufacturer" shall mean any
				person, business enterprise, political subdivision of a government, receiver,
				trustee, or liquidating agent who makes alcoholic beverages in this country or
				any place outside the boundaries of the United States of America for
				distribution to any vendor licensed by the state.
(6) The term "military, naval, or air force
				reservation" as used in Sections
				563.05,
				564.06, and
				565.12, F.S., shall mean any
				building, group of buildings, or land under the jurisdiction of the Secretary
				of Defense or Secretary of the United States of America Military Department.
(a) Prior to making excise tax exempt sales,
				a licensed Florida distributor must have written notice of reservation status
				from the most senior officer or his designee in charge of the
				reservation.
(b) Military, naval,
				or air force reservations shall be exempt from any licensing or registration
				requirements set forth in Chapters 561, 562, 563, 564, and 565, F.S..
(c) The Coast Guard shall be included in a
				military reservation since it is a military service and a branch of the armed
				service of the United States at all times (14 USCS §
				1).