To update statutory citations within the rule, clarify application and permitting procedures, and promulgate form DBPR ABT-6017, Application for Off-Premises Storage Permit.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

RULE NO.:RULE TITLE:

61A-4.020Storage Permits

PURPOSE AND EFFECT: To update statutory citations within the rule, clarify application and permitting procedures, and promulgate form DBPR ABT-6017, Application for Off-Premises Storage Permit.

SUMMARY: The proposed rulemaking will amend Rule 61A-4.020, F.A.C., related to the application for an off-premises storage permit and will promulgate form DBPR ABT-6017, Application for Off-Premises Storage Permit.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 561.11 FS.

LAW IMPLEMENTED: 561.08, 561.18, 562.03, 562.41, 562.408, 565.03(3) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rebecca Hays, Counsel for Compliance and Regulatory Programs, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61A-4.020 Storage Permits.

(1) Manufacturers, rectifiers, distributors, vendors and cooperatives or pool buying vendors who require additional storage outside of their licensed premises must obtain a permit therefor. Such permits can be obtained from the Division without fee, provided that the storage room is located in the same county as the parent place of business of the licensee or agent of such cooperatives or pool buying vendors to whom the permit was issued and provided that no such permits shall be issued to a structure which is or is a part of the residence or garage of a licensee or any employee of any licensee. Such permits authorize the storage of alcoholic beverages only in sealed containers. Applications for such permits shall be made on Form DBPR ABT 6017, Application and Inspection Report for Off-Premises Storage Permit, effective MM-DD-2019, adopted and incorporated herein by reference. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399, or the Division’s district office serving your area of interest whose contact information is provided on the Division website at http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/license-information/, or at https://www.flrules.org/Gateway/reference.asp?No=Ref-10263. forms prescribed by the Division for that purpose and The application shall be submitted to the district supervisor office of the district in which the licensed place of business for which the permit is sought is located.

(2) The district office will prepare, in quadruplicate, a permit showing the name of the licensee and the licensed storage premise(s) the he licensee owns and operates. The storage permits shall be conspicuously posted at the off-premises storage facility will be validated by the signature of the district supervisor and distributed as follows: Original, to be posted on door of storage room; Second Copy, posted with license; Third copy, sent with copy of application and inspection report to Central Office licensing; Fourth copy, filed in field office license file.

(3) The renewal of off-premises storage permits will be automatic and concurrent with the beverage license renewal. Applications for off-premises storage permits may be accepted at any time; however, renewals will be issued on an annual basis concurrent with the beverage license year and shall automatically renew with the renewal of the beverage license. Should the ownership of the beverage license change, a new off-premises storage permit will be required, otherwise, Tthe permit shall remain in effect until cancelled by the licensee or Ddivision. Upon a change in ownership of the beverage license which corresponds to the off-premises storage permit, the licensee shall file an application pursuant to this rule for issuance of a new off-premises storage permit.

(4) In the event a licensee discontinues the use of the off-premises storage permits, the permit both copies shall be forwarded by the licensee to the district office for cancellation.

(5) By acceptance of such storage permit, the licensee shall agree that the storage premises shall be subject to search by authorized employees of the Division, sheriffs, deputy sheriffs, and police officers during the hours such premise is occupied by the permittee or other persons.

Specific Authority 561.08, 561.11 516.11 FS. Law Implemented 561.08, 561.18, 561.07, 562.03, 562.41, 562.408, 565.03(3)(2) FS. History–Repromulgated 12-19-74, Amended 3-1-76, 1-28-80,_____ , Formerly 7A-4.20, 7A-4.020.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rebecca Hays, Counsel for Compliance and Regulatory Programs, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Halsey Beshears, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 22, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 25, 2019