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Florida Administrative Code (Last Updated: April 18, 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-3. Vendors And Licensees |
1(1) Definition. A bottle club is:
7(a) A commercial establishment;
11(b) Operated for profit, whether or not a profit is actually made;
23(c) A premises where alcoholic beverages are not sold but where patrons are allowed to consume alcoholic beverages on the premises; and
45(d) Located in a building or other enclosed or covered structure.
56(2) The definition of a bottle club does not include:
66(a) Sporting facilities where events sanctioned by nationally recognized regulatory athletic or sports associations are held.
82(b) Bona fide restaurants licensed by the Division of Hotels and Restaurants, whose primary business is the service of full course meals. A public food service establishment licensed by the Division of Hotels and Restaurants is not conclusive in determining whether or not a public food service establishment is a bona fide restaurant. A bona fide restaurant is a premises that holds itself out to be primarily a restaurant, advertises as a full service restaurant, offers a complete menu as opposed to snacks or fast food, and meets all of the requirements of Rule 17661A-3.0141, 177F.A.C., except for the requirement that 51 percent of the gross proceeds come from food and non-alcoholic beverages.
195(c) Hotels and motels licensed by the Division of Hotels and Restaurants.
207(3)(a) Owners or operators of bottle clubs must hold a bottle club license issued by the Division of Alcoholic Beverages and Tobacco. Applications for a bottle club license shall be made on DBR form 42-049, APPLICATION FOR BOTTLE CLUB LICENSE, incorporated herein by reference and effective 2-26-91.
254(b) A DBR form 42-050, PERSONAL QUESTIONNAIRE BOTTLE CLUBS, incorporated herein by reference and effective 2-26-91, must be completed by all applicants and persons directly connected with the business sought to be licensed.
287(4) Bottle club licenses are subject to all of the pertinent laws, rules and regulations relevant to alcoholic beverages.
306(5) Bottle club licensees may not purchase alcoholic beverages for subsequent sale to patrons nor may they sell alcoholic beverages to patrons.
328(6) Bottle club licensees are subject to all general, special, and local laws regulating vendors of alcoholic beverages including laws or ordinances permitting the operation of bottle clubs after the hours of sale for alcoholic beverages have elapsed.
366Specific Authority 368561.11, 369561.14 FS. 371Law Implemented 373561.14, 374562.121 FS. 376History–New 2-26-91, Formerly 7A-3.049.
