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Florida Administrative Code (Last Updated: October 28, 2024) |
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61. Department of Business and Professional Regulation |
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61A. Division of Alcoholic Beverages and Tobacco |
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61A-7. Florida Clean Indoor Air Act And Stand-Alone Bar Smoking Designations |
61A-7.009. Method Used to Determine Whether an Establishment is Predominately Dedicated to the Serving of Alcoholic Beverages
1In order to determine whether an establishment, other than one holding a specialty license designated in Rule 1861A-7.003, 19F.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:
64(1) For stand-alone bars holding the “ss” designation:
72(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.
102(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
134(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 18861A-7.009(1)(a)-189(c), F.A.C., an establishment is deemed predominately dedicated to the serving of alcoholic beverages.
203(2) For stand-alone bars holding the “ssf” designation:
211(a) The percentage of gross food sales revenue from the sale of food the licensee sells for consumption on premises,
231(b) The percentage of gross food sales revenue from the sale of food the licensee sells for consumption off premises,
251(c) The percentage of gross alcohol sales revenue from the sale of alcohol the licensee sells for consumption off the premises, and
273(d) The percentage of gross revenue from any source not included in the food and 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 32961A-7.009(2)(a)-330(d), F.A.C., an establishment is deemed predominately dedicated to the serving of alcoholic beverages.
344Specific Authority 346386.2125, 347561.695(9) FS. 349Law Implemented 351386.203(11), 352561.695(6) FS. 354History–New 1-16-06.
