The purpose and effect of the proposed rule amendment is to update and promulgate application forms to be submitted for new licensure, transfer of ownership of a license, change of business name or mailing address of a license and request to ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Alcoholic Beverages and Tobacco

RULE NO.:RULE TITLE:
61A-5.010Completed Application
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to update and promulgate application forms to be submitted for new licensure, transfer of ownership of a license, change of business name or mailing address of a license and request to withdraw an application in process. The rule amendment also clarifies certain information to accompany the application form and removes language no longer valid or that exceeds statutory authority.
SUMMARY: Rule 61A-5.010, F.A.C., removes language not authorized by statute, indicates the proper form to be used and describes certain items that should accompany the application form in order to facilitate the processing of the applicant request.
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 proposed rule repeal is not expected to require legislative ratification based on the information expressly relied upon and described herein. The Division of Alcoholic Beverages and Tobacco conducted an analysis of the proposed rule potential economic impact and determined that they did not exceed any of the criteria established in Section 120.541(2)(a), F.S.
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, 561.01(11), 561.11, 561.15, 561.17, 561.18, 561.181, 561.19, 561.20, 561.22, 561.24,561.25, 561.32, 561.331, 561.37, 561.371, 561.42, 565.02(3)(a) 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: Renita Walton-Hayes, Operations Review Specialist, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone], Renita [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

61A-5.010 Completed Applications; Transfer Fee.

The term "completed application" as used herein is defined to describe the requirements by which the division will accept any application for a temporary or permanent alcoholic beverage license. The division will only accept applications for filing which are complete. Incomplete applications delivered to the division will be returned to the applicant with a letter advising the reason the application is being returned.

(1) An completed application for new licensure shall include the following: be filed on DBPR ABT 6001, APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE AND RETAIL TOBACCO, effective December, 2012 and incorporated herein by reference.  The application must be completed in accordance with the list of license requirements contained in the application instructions.  This form is available upon request from the Division of Alcoholic Beverages & Tobacco at 1940 N. Monroe Street, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html.

(a) The DBR form 700L, APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, incorporated herein by reference and effective 2-16-89, must be complete and requirements furnished in accordance with the DBR form 761L, LIST OF LICENSE APPLICATION REQUIREMENTS, incorporated herein by reference and effective 2-16-89. Any agreements or financial documentation which are required as attachments as a result of the completion of Section III of the DBR form 700L, APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE must also be furnished.

(b) A DBR form 710L, PERSONAL QUESTIONNAIRE, incorporated herein by reference and effective 2-16-89 must be completed by all applicants and persons directly connected with the business sought to be licensed.

(c) A set of fingerprints on regular United States Department of Justice forms for each applicant and for any person or persons interested directly or indirectly with the applicant in the business for which the license is being sought.

(d) The processing fee for each set of fingerprints submitted with the application.

(2) Applicants for the following types of licenses will be required to provide or complete the following additional documents: An application for transfer of ownership of an existing license shall be filed on DBPR ABT 6002, APPLICATION FOR TRANSFER OF OWNERSHIP OF AN ALCOHOLIC BEVERAGE LICENSE AND NEW TOBACCO PERMIT, effective December, 2012 and incorporated herein by reference.  The application must be completed in accordance with the list of license requirements contained in the application instructions. This form is available upon request from the Division of Alcoholic Beverages & Tobacco at 1940 N. Monroe Street, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html.  An applicant for transfer of a quota liquor license shall also provide records of gross sales of alcoholic beverages for the past 3 years, which the division will utilize to compute the applicable transfer fee.  An applicant for transfer of a quota liquor license may elect to pay a $5000 transfer fee, in lieu of providing such records.  This transfer fee shall be paid in addition to any other applicable transfer fees provided by general law and is subject to the following provisions:

(a) An applicant for a new issuance of a quota liquor license shall provide a right of occupancy to the specified location in the application. Right of occupancy includes, but is not limited to, a lease agreement, a rental contract, a sublease, a warranty deed or any documentation that in a court of law would establish an applicant's right to occupy the premise sought to be licensed. If the quota liquor license has been transferred by court order or certificate of title during the past 3 years, the applicant shall provide records of gross sales of alcoholic beverages from the date of such transfer.  In lieu of providing these records, the applicant may elect to pay a $5,000 transfer fee.  For each month prior to the date of the court order or certificate of title, the applicant shall be entitled to claim zero gross sales of alcoholic beverages for purposes of calculating the transfer fee.  If the quota liquor license has been transferred by court order or certificate of title in the past 3 years and there have been no gross sales of alcoholic beverages since the date of such transfer, there shall be no transfer fee.

(b)  An applicant for a transfer of a quota liquor license shall provide records of gross sales for the past 3 years or for the period of time current licensee has held license in order that the division may compute the transfer fee.   An applicant may, in lieu of providing these records, elect to pay the applicable transfer fee as provided by general law.  In an effort to assist applicants in establishing gross sales for the past 3 years, the Division shall attempt to obtain from the Department of Revenue records of gross sales of any prior licensee, except the immediate transferor, who held the license during the past 3 years.  In the event the quota liquor license was transferred by court order of certificate of title during the past 3 years, the Division will not attempt to obtain records of gross sales prior to the date of such transfer.  Notwithstanding this provision, it remains the applicant’s burden to establish gross sales of alcoholic beverages for the past 3 years.  In lieu of establishing such gross sales, the applicant may elect to pay  $5,000 transfer fee.

(c) An applicant for a club license shall provide:

1. The club by-laws;

2. The club charter; and

3. The articles of incorporation.

The applicant is not required to provide records of gross sales of alcoholic beverages for any month in which the quota liquor license was in Division-approved inactive status for the entire month, and the applicant shall be entitled to claim zero gross sales of alcoholic beverages for each such month. 

(d)  An applicant for a special pleasure or excursion boat license shall provide a Certificate of Documentation and a Certificate of Inspection from the Coast Guard showing the boat has a capacity for at least 125 passengers.

The applicant shall be entitled to claim zero gross sales of alcoholic beverages for any month in which a prior licensee did not have an open sales tax account with the Department of Revenue for the entire month.

(e) An applicant for a new or transfer license to be issued at a location where a current license exists shall provide:

1. A DBR form 708L, LICENSE CANCELLATION REQUEST, incorporated herein by reference and effective 2-16-89; or If a license has been inactive for the entire past 3 years, regardless of whether the Division approved the period of inactivity, the applicant shall pay a $5,000 transfer fee.

(f) An applicant for a distributors or manufacturers license shall provide a surety bond as required by general law.

(3) Once an application is accepted by the division nothing herein shall be construed to prohibit the agency from requiring additional information or documentation that becomes necessary as a result of processing or investigation of the application by the division.  A licensee may change its Business Name or Mailing Address on DBPR ABT 6009, CHANGE BUSINESS NAME/CHANGE OF MAILING ADDRESS APPLICATION, effective December, 2012 and incorporated herein by reference.  The application must be completed in accordance with the list of license requirements contained in the application instructions.   This form is available upon request from the Division of Alcoholic Beverages & Tobacco at 1940 N. Monroe Street, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html.

(4) When the applicant no longer wishes to proceed with the application process, the application must be withdrawn using DBPR ABT 6031, REQUEST FOR WITHDRAWAL OF APPLICATION, effective December, 2012 and incorporated herein by reference.  The application must be completed in accordance with the list of license requirements contained in the application instructions.  This form is available upon request from the Division of Alcoholic Beverages & Tobacco at 1940 N. Monroe Street, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html.

(5) An applicant for an alcoholic beverage license shall provide a right of occupancy to the specified location in the application. Right of occupancy includes, but is not limited to, a lease agreement, a rental contract, a sublease, a warranty deed or any documentation that in a court of law would establish an applicant's right to occupy the premise sought to be licensed.

(6) Applicants for the following types of licenses will be required to provide or complete the following additional documents:

(a)  An applicant for a club license shall provide the club’s by-laws, the club’s charter, and the club’s articles of incorporation.

(b)  An applicant for a special pleasure or excursion boat license shall provide a Certificate of Documentation and a Certificate of Inspection from the Coast Guard showing the boat has a capacity for at least 125 passengers.

(c)  An applicant for a distributors or manufacturers license shall provide a surety bond as required by general law.

(7) Once an application is accepted by the Division, nothing herein shall be construed to prohibit the Division from requiring additional information or documentation that becomes necessary as a result of processing or investigation of the application by the Division.

 

Rulemaking Specific Authority 561.11 FS. Law Implemented 561.08, 561.01(11), 561.11, 561.15, 561.17, 561.18, 561.181, 561.19, 561.20, 561.22, 561.24, 561.25, 561.32, 561.331, 561.37, 561.371, 561.42, 565.02(3)(a) FS.  History–New 2-16-89, Amended__________,

NAME OF PERSON ORIGINATING PROPOSED RULE: Allen Douglas, Director, Division of Alcoholic Beverage and Tobacco, Department of Business and Professional Regulation
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 4, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 21, 2011