26463945

 

DEPARTMENT OF BUISNESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

RULE NO.:RULE TITLE:

61A-3.055 Items Customarily Sold in a Restaurant

PURPOSE AND EFFECT:  To update and clarify the items permitted to be sold by licensees subject to the restrictions in Section 565.045, F.S., following the holding of the First District Court of Appeal in cases 1D18-5309, 1D18-5311 and 1D19-4599.

SUMMARY: The proposed language incorporates necessary changes to the items permitted to be sold by licensees pursuant to Section 565.045, F.S.

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, F.S.

LAW IMPLEMENTED: 565.045, 24.122(4) F.S.

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: Jason Holman, Counsel for Compliance and Regulatory Affairs, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 61A-3.055 follows. See Florida Administrative Code for present text.

 

61A-3.055 Items Customarily Sold in a Restaurant.

As used in Section 565.045, F.S., items customarily sold in a restaurant shall only include the following:

(1) Food; or

(2) Beverages; or

(3) Souvenirs; or

(4) Gift cards or gift certificates; or

(5) Services or sales authorized in the “Florida Public Lottery Act,” Section 24.122(4), F.S.

Rulemaking Authority 561.11 FS. Law Implemented 565.045, 24.122(4) FS. History–New 12-20-94, Amended ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jason Holman, Counsel for Compliance and Regulatory Affairs, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399, [e-mail]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Melanie S. Griffin, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 10, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 20, 2022