11c license florida statutes

Clubs fostering and promoting the general welfare and prosperity of members of showmen and amusement enterprises;. Clubs assisting, promoting, and developing subordinate lodges or clubs of national fraternal or benevolent associations; and. Clubs promoting, developing, and maintaining cultural relations of people of the same nationality. Any racquetball or tennis club which has been constructed and completed on or before July 1, , and which contains the requisite number of courts of proper size and attendant facilities may be granted a license without the necessity of securing additional approval from the incorporated municipality or county in which the racquetball or tennis club facility is located.

It is intended that this subsection be an exception to s. Nothing in this paragraph, however, shall be construed to limit the power of incorporated municipalities or counties to enact ordinances regulating hours of business and prescribing sanitary regulations for such racquetball or tennis club facilities.

The failure of such club to maintain the facilities shall be a ground for revocation of the license. Such licenses shall not be valid in any location beyond the confines of the terminal facilities of the airport. In the event of expiration or revocation of such licenses, such licenses shall revert to the board of county commissioners automatically, by operation of law.

However, no special license issued pursuant to this subsection shall permit the county or its transferee to sell alcoholic beverages by the package for off-premises consumption. Such license shall be applicable only in and for facilities used by the association for public auction of its products. No license issued pursuant to this subsection shall permit the licensee to sell alcoholic beverages by the package for off-premises consumption.

The provisions of this subsection do not preclude any cooperative marketing association of horse breeders from holding a license issued pursuant to any other provision of this chapter. Any holder of a license issued pursuant to this subsection shall, at its option, be permitted to sell alcoholic beverages to resident guests as well as members and nonresident guests for consumption on the premises only.

Revenue from the sale of such alcoholic beverages must be used to operate, maintain, or improve said American Legion Post facilities, grounds, or activities and to maintain an emergency fund not to exceed the costs of operation of the American Legion Post for the prior calendar year. Any remaining revenue from the sale of alcoholic beverages shall be donated to local nonprofit charitable organizations on an annual basis.

This section shall not apply to any county which has held an election under s. A sale pursuant to a levy and execution;. A sale by an insurance company in possession of alcoholic beverages;. Licenses to corporations shall be issued only to corporations whose officers are of good moral character and not less than 21 years of age.

There shall be no exemptions from the license taxes herein provided to any person, association of persons, or corporation, any law to the contrary notwithstanding.

If a corporation is unable to qualify for or continue to hold an alcoholic beverage license because an officer of the corporation has been convicted of an offense enumerated in subsection 2 , such conviction will not constitute an absolute bar to the issuance, renewal, or transfer of a license to the corporation, or to the continued holding of an alcoholic beverage license by the corporation, if the corporation can demonstrate to the satisfaction of the division that the corporation has terminated its relationship with the officer so convicted.

If any corporation has received a full pardon or restoration of civil rights pursuant to state law with respect to any conviction of a violation of law, the conviction does not constitute an absolute bar to the issuance, renewal, or transfer of a license or grounds for revocation or suspension of a license. The division shall annually report to the offices of the President of the Senate and the Speaker of the House of Representatives all agency actions taken pursuant to the provisions of this subsection.

The applicant must be a legal or business entity, person, or persons and must include all persons, officers, shareholders, and directors of such legal or business entity that have a direct or indirect interest in the business seeking to be licensed under this part. However, the applicant does not include any person that derives revenue from the license solely through a contractual relationship with the licensee, the substance of which contractual relationship is not related to the control of the sale of alcoholic beverages.

Before any application is approved, the division may require the applicant to file a set of fingerprints electronically through an approved electronic fingerprinting vendor or on forms prescribed by the Florida Department of Law Enforcement for herself or himself and for any person or persons interested directly or indirectly with the applicant in the business for which the license is being sought, when required by the division.

If the applicant or any person who is interested with the applicant either directly or indirectly in the business or who has a security interest in the license being sought or has a right to a percentage payment from the proceeds of the business, either by lease or otherwise, is not qualified, the division shall deny the application.

A shopping center with five or more stores, one or more of which has an alcoholic beverage license and is required under a lease common to all shopping center tenants to pay no more than 10 percent of the gross proceeds of the business holding the license to the shopping center, is not considered as having an interest, directly or indirectly, in the license. All applications for alcoholic beverage licenses for consumption on the premises shall be accompanied by a certificate of the Division of Hotels and Restaurants of the Department of Business and Professional Regulation, the Department of Agriculture and Consumer Services, the Department of Health, the Agency for Health Care Administration, or the county health department that the place of business wherein the business is to be conducted meets all of the sanitary requirements of the state.

An exporter may not register unless she or he has complied with all appropriate federal regulations, including federal permitting regulations. Licensees and permittees are responsible for maintaining accurate contact information on file with the division.

This paragraph does not apply: 1. If the entity holding the temporary initial license is also the holder of a beverage license authorizing the purchase of the same type of alcoholic beverages as is authorized under the temporary license.

To purchases made as part of a single-transaction cooperative purchase placed by a pool buying agent. If the department issues a notice of intent to deny the license application for failure of the applicant to disclose the information required by s. If approved, the license shall be issued upon payment to the division of the license tax hereinafter provided.

The double random selection drawing method shall allow each applicant whose application is complete and does not disclose on its face any matter rendering the applicant ineligible an equal opportunity of obtaining an available license.

This paragraph does not prohibit a person holding a perfected lien or security interest in a quota alcoholic beverage license, in accordance with s. A revoked quota alcoholic beverage license encumbered by a lien or security interest, perfected pursuant to s.

The application shall be filed pursuant to s. If the applicant is not prepared to use the license at a business location, the license shall be held in an inactive status by the division, and the licensee shall be required to activate the license at a location in accordance with s. Nothing contained herein, however, shall prohibit the division from revoking a license issued to a person, firm, or corporation that would not qualify for the issuance of a new license or the transfer of an existing license.

The issuance of any such license shall occur no later than days after a drawing is held pursuant to notice published in the Florida Administrative Register or, in the event no drawing is held, within days of the final date for filing applications.

Any applicant who is not included in the pool for drawing to determine priority shall file, within 30 days of the date of mailing of notice to such applicant, a challenge to such action pursuant to ss. Any applicant whose name is included in the pool for drawing to determine priority but who is not issued a license shall be entitled to request a hearing on the denial pursuant to ss.

This initial license fee shall not be imposed on any license renewal and shall be in addition to the license fees imposed by s. Regardless of the number of quota licenses issued prior to October 1, , on and after that date, a new license under s. Such population estimates shall be the basis for annual license issuance regardless of any local acts to the contrary. However, such limitation shall not prohibit the issuance of at least three licenses in any county that may approve the sale of intoxicating liquors in such county.

Any bona fide hotel, motel, or motor court of not fewer than 80 guest rooms in any county having a population of less than 50, residents, and of not fewer than guest rooms in any county having a population of 50, residents or greater; or any bona fide hotel or motel located in a historic structure, as defined in s. This special license shall allow the sale and consumption of alcoholic beverages only on the licensed premises of the hotel or motel.

In addition, the hotel or motel must derive at least 60 percent of its gross revenue from the rental of hotel or motel rooms and the sale of food and nonalcoholic beverages; provided that this subparagraph shall supersede local laws requiring a greater number of hotel rooms;. Any condominium accommodation of which no fewer than condominium units are wholly rentable to transients and which is licensed under chapter , except that the license shall be issued only to the person or corporation that operates the hotel or motel operation and not to the association of condominium owners;.

Any condominium accommodation of which no fewer than 50 condominium units are wholly rentable to transients, which is licensed under chapter , and which is located in any county having home rule under s. VIII of the State Constitution, except that the license shall be issued only to the person or corporation that operates the hotel or motel operation and not to the association of condominium owners;.

A food service establishment that has 2, square feet of service area, is equipped to serve meals to persons at one time, and derives at least 51 percent of its gross food and beverage revenue from the sale of food and nonalcoholic beverages during the first day operating period and the first month operating period thereafter. Subsequent audit timeframes must be based upon the audit percentage established by the most recent audit and conducted on a staggered scale as follows: level 1, 51 percent to 60 percent, every year; level 2, 61 percent to 75 percent, every 2 years; level 3, 76 percent to 90 percent, every 3 years; and level 4, 91 percent to percent, every 4 years.

A licensee under this subparagraph may sell or deliver alcoholic beverages in a sealed container for off-premises consumption if the sale or delivery is accompanied by the sale of food within the same order. Such authorized sale or delivery includes wine-based and liquor-based beverages prepared by the licensee or its employee and packaged in a container sealed by the licensee or its employee.

This subparagraph may not be construed to authorize public food service establishments licensed under this subparagraph to sell a bottle of distilled spirits sealed by a manufacturer. Any sale or delivery of malt beverages must comply with the container size, labeling, and filling requirements imposed under s. Any delivery of an alcoholic beverage under this subparagraph must comply with s.

An alcoholic beverage drink prepared by the vendor and sold or delivered for consumption off the premises must be placed in a container securely sealed by the licensee or its employees with an unbroken seal that prevents the beverage from being immediately consumed before removal from the premises.

Such alcoholic beverage also must be placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with, and a dated receipt for the alcoholic beverage and food must be provided by the licensee and attached to the bag or container. If transported in a motor vehicle, an alcoholic beverage that is not in a container sealed by the manufacturer must be placed in a locked compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle.

It is a violation of the prohibition in s. The vendor or the agent or employee of the vendor must verify the age of the person making the delivery of the alcoholic beverage before allowing any person to take possession of an alcoholic beverage for the purpose of making a delivery on behalf of a vendor under this section.

A food service establishment granted a special license on or after January 1, , pursuant to general or special law may not operate as a package store and may not sell intoxicating beverages under such license after the hours of serving or consumption of food have elapsed.

Failure by a licensee to meet the required percentage of food and nonalcoholic beverage gross revenues during the covered operating period shall result in revocation of the license or denial of the pending license application. A licensee whose license is revoked or an applicant whose pending application is denied, or any person required to qualify on the special license application, is ineligible to have any interest in a subsequent application for such a license for a period of days after the date of the final denial or revocation;.

Any caterer, deriving at least 51 percent of its gross food and beverage revenue from the sale of food and nonalcoholic beverages at each catered event, licensed by the Division of Hotels and Restaurants under chapter This subparagraph does not apply to a culinary education program, as defined in s. Notwithstanding any law to the contrary, a licensee under this subparagraph shall sell or serve alcoholic beverages only for consumption on the premises of a catered event at which the licensee is also providing prepared food, and shall prominently display its license at any catered event at which the caterer is selling or serving alcoholic beverages.

A licensee under this subparagraph shall purchase all alcoholic beverages it sells or serves at a catered event from a vendor licensed under s. A licensee under this subparagraph may not store any alcoholic beverages to be sold or served at a catered event. Any alcoholic beverages purchased by a licensee under this subparagraph for a catered event that are not used at that event must remain with the customer; provided that if the vendor accepts unopened alcoholic beverages, the licensee may return such alcoholic beverages to the vendor for a credit or reimbursement.

Regardless of the county or counties in which the licensee operates, a licensee under this subparagraph shall pay the annual state license tax set forth in s. Notwithstanding any law to the contrary, any vendor licensed under s. If a licensee under this subparagraph also possesses any other license under the Beverage Law, the license issued under this subparagraph may not authorize the holder to conduct activities on the premises to which the other license or licenses apply that would otherwise be prohibited by the terms of that license or the Beverage Law.

This section does not permit the licensee to conduct activities that are otherwise prohibited by the Beverage Law or local law. The Division of Alcoholic Beverages and Tobacco is hereby authorized to adopt rules to administer the license created in this subparagraph, to include rules governing licensure, recordkeeping, and enforcement. The remainder of the fees collected shall be deposited into the Hotel and Restaurant Trust Fund created pursuant to s. A culinary education program as defined in s.

This special license shall allow the sale and consumption of alcoholic beverages on the licensed premises of the culinary education program. The culinary education program shall specify designated areas in the facility where the alcoholic beverages may be consumed at the time of application.

Alcoholic beverages sold for consumption on the premises may be consumed only in areas designated under s. Such license shall be applicable only in and for designated areas used by the culinary education program.

If the culinary education program provides catering services, this special license shall also allow the sale and consumption of alcoholic beverages on the premises of a catered event at which the licensee is also providing prepared food. A culinary education program that provides catering services is not required to derive at least 51 percent of its gross revenue from the sale of food and nonalcoholic beverages.

Notwithstanding any law to the contrary, a licensee that provides catering services under this sub-subparagraph shall prominently display its beverage license at any catered event at which the caterer is selling or serving alcoholic beverages. Regardless of the county or counties in which the licensee operates, a licensee under this sub-subparagraph shall pay the annual state license tax set forth in s.

A licensee under this sub-subparagraph must maintain for a period of 3 years all records required by the department by rule to demonstrate compliance with the requirements of this sub-subparagraph. If a licensee under this subparagraph also possesses any other license under the Beverage Law, the license issued under this subparagraph does not authorize the holder to conduct activities on the premises to which the other license or licenses apply that would otherwise be prohibited by the terms of that license or the Beverage Law.

This subparagraph does not permit the licensee to conduct activities that are otherwise prohibited by the Beverage Law or local law. Any culinary education program that holds a license to sell alcoholic beverages shall comply with the age requirements set forth in ss. The Division of Alcoholic Beverages and Tobacco may adopt rules to administer the license created in this subparagraph, to include rules governing licensure, recordkeeping, and enforcement.

A license issued pursuant to this subparagraph does not permit the licensee to sell alcoholic beverages by the package for off-premises consumption. A specialty center means any development having at least 50, square feet of leasable area, containing restaurants, entertainment facilities, and specialty shops, and located adjacent to a navigable water body. Alcoholic beverages sold for consumption on the premises by a vendor in a specialty center may be consumed within the specialty center but may not be removed from such premises.

A specialty center also means any enclosed development that has at least , square feet of leasable area that is under the dominion and physical control of the owner or manager of the enclosed development, containing restaurants, entertainment facilities, specialty shops, and a movie theater with at least 18 operating screens. Alcoholic beverages sold for consumption on the premises by a vendor in a specialty center may be consumed only in areas designated pursuant to s.

No package sales allowed. Unless otherwise noted, must be in continuous active existence and operation for a period of two years in the county where it exists. Special requirements must be met. May not increase in series to an 11CS. Need not be in continuous active existence for two years in the county location. Must be in continuous active existence and operation for a period of not less than two years in the county where it exists. Bona fide tennis club or four-walled indoor racquetball club having no fewer than 10 regulation-size tennis courts; or no fewer than 10 regulation-size four-wall indoor racquetball courts; or a combination of regulation-size tennis courts and regulation-size four-wall indoor racquetball courts totaling in the aggregate not fewer than 10 courts; or a combination of 8 regulation-size tennis courts and regulation- size four-wall indoor racquetball courts and exercise facilities which in square footage total not fewer than the aggregate square foot equivalent of 10 regulation-size courts.

Must have clubhouse facilities, pro shop, locker rooms, and attendant tennis or racquetball facilities, all located on a contiguous tract of land owned or leased by the club. Must own or lease and maintain a bona fide beach or cabana club consisting of beach facilities, swimming pool, locker rooms with facilities for at least persons, and a restaurant with seats at tables for at least persons, comprising in all an area of at least 5, square feet located on a contiguous tract of land of in excess of 1 acre.

Sales may be made to resident guests as well as members and nonresident guests for consumption on the premises only. Revenue generated from the sale of alcoholic beverages which exceeds the cost of operation must be donated to a local non-profit charitable organization on an annual basis. Standard Golf Course consisting of at least 9 holes, clubhouse, locker rooms and attendant golf facilities, comprising at least 35 acres. Sales may be made to members and nonresident guests only.

Consumption on the premises only. Standard Golf Course open to the general public consisting of at least 9 holes, clubhouse, locker rooms and attendant golf facilities, comprising at least 35 acres. Sales may be made for consumption on the premises only.

Package sales not allowed. May only have spirituous beverages liquor in quarts, fifths, or miniatures. Alcoholic beverage sales allowed only 10 days before to 10 days after approved racing or Jai Alai dates. If the caterer is also licensed under A bona fide non-profit civic organization may apply for sale of alcoholic beverages on premises for a period not to exceed 3 days; no more than 3 permits per calendar year.

Valid for three 3 days only. Dennis E. Sawan Managing Partner. Dennis P. Sawan Senior Partner. Christopher A. Sawan Partner. Contact an Attorney today to discuss your case. Meet Our Lawyers. Request A Call. Play Video. More Content. December 6, Establishments with a 2COP license are allowed to sell both beer and wine for on-premise consumption.

Also, under this license, establishments are allowed to sell packaged beer and wine in sealed containers. There is no set number of licenses that can be issued by the county, which differs from the quota structure with the 4COP-Quota license. Licensees are able to sell beer and wine for off-premise consumption. Glimpse has created a perfect solution for bars and restaurants, to help capture more revenue and eliminate unnecessary costs. Enter your phone number: What's the best time to call?