To update and consolidate language regarding quota drawing entry procedure.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

RULE NO.:RULE TITLE:

61A-5.0105Beverage Licenses, New Quota Issue

PURPOSE AND EFFECT: To update and consolidate language regarding quota drawing entry procedure.

SUMMARY: To update the quota drawing entry procedure by consolidating information regarding the Quota License Drawing Entry Form, found in Rule 61A-5.747, F.A.C., into Rule 61A-5.0105, F.A.C., and incorporating the Quota License Drawing Entry Form into Rule 61A-5.0105, F.A.C.

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: 561.08, 561.11 FS.

LAW IMPLEMENTED: 561.08, 561.14, 561.15, 561.17, 561.18, 561.19, 561.20 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-5.0105 Selection of Applicants for Quota Alcoholic Beverage Licenses by Public Drawing Beverage Licenses, New Quota Issue.

When quota alcoholic beverage licenses become available by reason of an increase in the population of a county, by reason of a county permitting the sale of intoxicating beverages when such sale had been prohibited, or by reason of the revocation of a quota beverage license, the division shall determine the order in which an interested applicant is considered for an available license by accepting and validating entries for a public drawing to be conducted in a manner of double random selection in accordance with section 561.19, F.S.  Interested applicants must follow the procedures for drawing entry promulgated by this rule to be considered for selection in the drawing. The division will follow the below listed procedures when entry forms are accepted for inclusion in the drawing for the right to apply for new state liquor licenses authorized by Florida Law, when they become available by reason of an increase in the population of a county, by voting to permit the sale of intoxicating beverages when such sale had previously been prohibited, or by revocation of a license as provided in Section 561.19(2)(a), F.S.

(1) To identify the population of eligible and interested applicants, an The entry period for each quota alcoholic beverage license drawing shall begin on the third Monday in August and continue for a period of 45 days of each during any year issuance of in which one or more quota alcoholic beverage licenses has been authorized, and last 45 days determined to be available by reason of a circumstance provided in section 561.19, F.S. The division shall publish a legal notices in the Florida Administrative Register and on the division’s website AB&T’s page of the Department of Business and Professional Regulation’s web site at: http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/, which shall http://www.myflorida.com/dbpr/abt. Each legal notice published will include the deadline for filing entry forms, the name of each county in which a license is available for issuance, the number of licenses available for issuance in each county included in the drawing, the fee for filing of an entry form, the deadline for filing of an entry form, and the website address location of the division’s office where the printable and online entry forms may be obtained.

(2) To enter the quota alcoholic beverage license drawing, an interested person shall submit the Quota Beverage License Drawing Entry Form DBPR ABT 6033, All persons seeking entry into each drawing file DBPR form ABT-6033, QUOTA LICENSE DRAWING ENTRY FORM, effective _____9/2008 and incorporated herein, together with accompanied by the non-refundable entry filing fee stated on the form. The form may be submitted online, or a printed copy may be mailed to the address provided on the form. The entry form shall be received by delivered to the division on or before the date and time published as the entry deadline in final set forth in the legal notice. Forms not complete, not signed, or not accompanied by the required non-refundable filing fee shall result in a deficiency letter. Corrected entry forms must be delivered to the division on or before fourteen (14) days from the date of the deficiency letter. The division will not grant any other extensions of time for filing entry forms. To access the online entry form, visit DBPR Online Services at www.myfloridalicense.com/DBPR/online-services/.  The online entry form will be available only during the qualifying dates of the entry period in a year in which a public drawing is scheduled. A copy of the online entry form is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09926. A printable copy of the form is available on the division’s website at http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/ and at https://www.flrules.org/Gateway/reference.asp?No=Ref-10450 This form is available on the division’s Internet website, from any division office, by e-mail or phone request to the department, or by writing to Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021.

(3) A list of all entrants selected may be obtained from any of the division’s offices.

(3) The division shall only process entry forms which are determined to be complete.  Forms not complete, not signed, or not accompanied by the required non-refundable filing fee shall result in a deficiency letter. Corrected entry forms must be received by the division on or before fourteen (14) days from the date of the deficiency letter. The division will not grant any other extensions of time for filing entry forms. A complete entry form shall include the payment of the entry fee required to accompany the entry form.  Upon expiration of the entry deadline published in the legal notice, any entry form for which payment of the entry fee has not been satisfied shall be deemed incomplete and shall not be included in the drawing.

(4) The division shall provide notice by certified mail to an entrant notify those entrants who are selected in the public as a result of the double random selection drawing by certified mail. The notice of selection shall Such notification will be sent to the entrant’s mailing address as listed on the entry form or as subsequently updated by the entrant upon written notification to filed with the division. Each It shall be the entrant’s is solely responsible responsibility to for filing and maintaining a current and valid correct mailing address with the division.

(5) Upon notification by the division of selection in the public drawing, the selected entrant All entrants selected for the opportunity to apply for licenses shall file a completed license application, referenced in Rule 61A-5.010, F.A.C., Failure to file a completed application package within 45 days of the date of the selection notice shall result in the denial of the application filed. Any selected entrant that fails to file a completed license application within 45 days of the selection notice shall forfeit the selection priority awarded by the entrant’s selection in the drawing, and the division shall proceed with notification of the next entrant selected in sequential order of the drawing results for the county in which the license remains available for issuance.

(6) If the license When any application filed by a selected entrant is denied by the division, has been disapproved and all any hearings and or appeals, pursuant to sSections 120.569, 120.57, 120.68 and 561.19(4)(5), F.S., has concluded, or the time to file a petition or notice for such hearing or appeal has passed, have been completed, the division shall proceed with notification of the next entrant selected in sequential order of the drawing results for the county in which the license remains available for issuance notify the next person in order of priority from the random drawing by certified mail of their opportunity to obtain an available license in accordance with the procedures for notifying the originally selected. The division shall follow such procedure until all available licenses have been awarded.

(7) Any person or persons who have been selected by public drawing for the opportunity to apply for a quota alcoholic beverage licenses shall not be prohibited from filing an application to obtain the issuance of the having the license issued in the name of a corporation, or other legal entity, if 100 percent % of the business or other legal entity is owned only by the person or persons listed on the drawing winning entry form as initially filed with the division for inclusion in the drawing.

(8) For the purposes of this section, “more than one applicant” shall mean that an entrant may have a direct or indirect interest in only one entry form application in each county for which a license is available, but may file separate entry forms for licenses in different counties for an opportunity to obtain an available license.

(9) For the purposes of this section, “method of double random selection by public drawing” shall mean a computer program developed by or under the direction of the division which determines the order of selection for the director in accordance with as prescribed in sSection 561.19(2)(a), F.S.

Rulemaking Authority 561.08, 561.11 FS. Law Implemented 120.57, 561.08, 561.14, 561.15, 561.17, 561.18, 561.19, 561.20 FS. History–New 1-20-97, Amended 1-8-98, Amended 12-7-09., Amended [MM-DD-YY].

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sterling Whisenhunt, Director, Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation

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: May 3, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 21, 2019