Items Customarily Sold in a Restaurant  

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    DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

    Division of Alcoholic Beverages and Tobacco

    RULE NO.: RULE TITLE:

    61A-3.055   Items Customarily Sold in a Restaurant

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 44 No. 204, October 18, 2018 issue of the Florida Administrative Register.

    61A-3.055 Items Customarily Sold in a Restaurant.

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

    (a) Ready to eat appetizer items; or

    (b) Ready to eat salad items; or

    (c) Ready to eat entree items; or

    (d) Ready to eat vegetable items; or

    (e) Ready to eat dessert items; or

    (f) Ready to eat fruit items; or

    (a) Food cooked or prepared on the licensed premises; or

    (g)(b) Hot or cold beverages.; or

    (c) Branded items bearing the name, logo, trade name, trademark, or location of the licensed vendor operating the licensed premises.

    (2) For the purpose of consumption on premises regulations set forth in Section 565.045, F.S., items customarily sold in a restaurant shall include services or sales authorized in the “Florida Public Lottery Act”, Section 24.122(4), F.S.

    (3) Vendors licensed under section 565.02(1)(b)-(f), Florida Statutes, may avail themselves of the declaratory statement process set forth in section 120.565, Florida Statutes, regarding compliance with section 565.045, Florida Statutes.

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