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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 |
1The basic terms utilized in this rule are defined as follows:
12(1) “Customary bar snack” means popcorn and any ready to eat food item, commercially prepared and packaged off the premises, served without additions or preparations, that is not a potentially hazardous food. The definition of potentially hazardous food, provided in subparagraph 1-201.10(B)(61), Food Code, 1999 Recommendations of the United States Public Health Service/Food and Drug Administration, incorporated herein by reference, shall apply to chapter 61A-7, F.A.C.
78(2) “Noncommercial activities” mean social gatherings, which encompass activities in compliance with section 91849.0931, F.S., 93meetings, dining, dances and the services performed in furtherance of these activities can only be conducted by members, whether compensated or not.
115(3) “Nonperishable snack food items” means food items commercially packaged off the premises of the stand-alone bar and served without any additions or further preparations of any kind. Popcorn is the only exception to the requirement of being a nonperishable snack food item, and can be prepared on the premises, provided that the equipment used to pop the popcorn is not used to prepare any other food for patrons.
184(4) “Predominantly bounded by physical barriers” means:
191(a) More than fifty percent covered from above, to be calculated when fully extended, by a physical barrier, that excludes rain, and
213(b) More than fifty percent on the sides with surfaces that block air flow. Railings are not to be considered in making side surface calculations.
238(5) “Stand-alone bar” means those licensed premises defined in section 248386.203(12), F.S.
250(6) “Stand-alone smoking and vaping (ss)” means those licensed premises that operate a business that meets the definition of a stand-alone bar in section 274386.203(12), F.S., 276if the only food provided is limited to nonperishable snack food items.
288(7) “Stand-alone smoking and vaping with food (ssf)” means those licensed premises that operate a business that meets the definition of a stand-alone bar in section 314386.203(12), F.S., 316in which the serving of food is merely incidental, that is the licensed premises may derive no more than ten percent of its gross revenue from the sale of food consumed on the licensed premises.
351Rulemaking Authority 353386.2125, 354561.11, 355561.695(3), 356561.695(8) FS. 358Law Implemented 360386.203(5), 361386.203(12), 362561.695(3) FS. 364History–New 6-14-05, Amended 9-12-19.
