The purpose and effect of the proposed rules is to promulgate forms to be used to apply for licenses issued by the division for the sale of alcoholic beverages and tobacco and, specifically, to address the requirements of chs. 2010-251 and 2010-252, ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

RULE NOS.:RULE TITLES:

61A-5.0011Application for Vehicle Permits

61A-5.0012Application for Mortgagee's Interest in Spirituous Alcoholic Beverage License; Request for Alcoholic Beverage Lien Search

61A-5.0013Application for One/Two/Three Day Permit or Special Sales License

61A-5.0014Application for Change to Licensed Entity

61A-5.0015Application for Importer or Broker Sales Agent Licenses

61A-5.0016Application for Common Carrier License; Application for Passenger Vessel Permit

61A-5.0017Application for Extension of Premises or Amended Sketch of Licensed Premises

61A-5.0018Application for Alcoholic Beverage Exporter Registration

61A-5.056Application for Retail Tobacco Products Dealer Permit

61A-5.708 License Cancellation Request

PURPOSE AND EFFECT: The purpose and effect of the proposed rules is to promulgate forms to be used to apply for licenses issued by the division for the sale of alcoholic beverages and tobacco and, specifically, to address the requirements of Chapters. 2010-251 and 2010-252, L.O.F.

SUMMARY: The proposed rules will address applications used by the division to issue licenses for the sale of alcoholic beverages and tobacco.

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 Division conducted an analysis of the proposed rule’s potential economic impact and determined that it 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: 210.15, 561.01(11), 561.14(4), (5), (7), 561.17, 561.422, 561.57, 561.65, 562.07, 565.02 FS.

LAW IMPLEMENTED: 561.08, 561.11(1) 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, Management Review Specialist, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1020, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61A-5.0011 Application for Vehicle Permits.

Any vendor may transport, in their owned or leased vehicle, alcoholic beverages purchased from a licensed Florida distributor to the vendor’s licensed premises or off-premises storage location. A vehicle permit may be obtained by completing DBPR ABT-6016, APPLICATION FOR VEHICLE PERMITS, effective February 2013, adopted 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 ___________________.

Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.57, 562.07 FS. History-New_____________.

 

61A-5.0012 Application for Mortgagee’s Interest in Spirituous Alcoholic Beverage License; Request for Alcoholic Beverage Lien Search.

(1) To request a lien search for a spirituous alcoholic beverage license complete DBPR ABT-6023 Request for Alcoholic Beverage LICENSE Lien Search, effective February 2013, adopted and incorporated herein by reference. 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 _________________.

(2) To file a lien or security interest in a spirituous alcoholic beverage license which may be enforceable against the license, the party which holds the lien or security interest, within 90 days of the date of creation of the lien or security interest, shall record the same with the division. An application must be filed on DBPR ABT-6022, Application for Mortgagee’s Interest in Spirituous Alcoholic Beverage License, effective February 2013, adopted and incorporated herein by reference. This form may be used to file one of the following:

(a) New Lien;

(b) Lien Assignment/Assumption;

(c) Lien Renewal/Extension;

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 ____________________________. Application must be complete and requirements furnished in accordance with the list of license application requirements.

Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.57, 562.07 FS. History-New_____________.

 

61A-5.0013 Application for One/Two/Three Day Permit or Special Sales License.

(1) One/Two/Three Day Permit (ODP) – A nonprofit civic organization may be issued a permit to sell alcoholic beverages for consumption on the premises only. Such nonprofit civic organizations may be issued up to three permits per calendar year unless otherwise authorized by special act.

(2) Special Sales License (SSL) – A person or organization may be issued a permit to sell alcholic beverages by the package only as authorized by 561.20(12)(a) FS. To obtain a One/Two/Three Day Permit or Special Sales License an application must be filed on DBPR ABT-6003, APPLICATION FOR ONE/TWO/THREE DAY PERMIT OR SPECIAL SALES LICENSE, effective February 2013, adopted 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 ______________________________.

Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.20(12)(a), 561.422 FS. History-New_____________.

 

61A-5.0014 Application for Change to a Licensed Legal Entity.

When permitted by law a licensee may make changes to the internal structure or amend the name of the licensed legal entity. An application must be filed with the Division on DBPR ABT-6004, Application for Change to a Licensed Legal Entity, effective February 2013, adopted 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 ________________________.

Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.17, 561.32 FS. History-New_____________.

 

 

61A-5.0015 Importer or Broker Sales Agent License.

Any person before engaging in the business of importing or acting as a broker or sales agent for alcholic beverages must file an application on DBPR ABT-6008, APPLICATION FOR Importer or Broker Sales Agent License, effective February 2013, adopted 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
________________________.

Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.14(4, (5), 561.351 FS. History-New_____________.

 

 

61A-5.0016 Application for Common Carrier License; Application for Passenger Vessel Permit.

(1) Operators of railroad lines, steamships, buses, and airplanes which operate and engage in the sale of alcoholic beverages within this state must file an application for licensure on DBPR ABT-6020, APPLICATION FOR COMMON CARRIER LICENSE, effective February 2013, adopted and incorporated herein by reference.

(2) Passenger Vessels engaged exclusively in foreign commerce and which operate and engage in the sale of alcoholic beverages within this state must file an application for licensure on DBPR ABT-6021, APPLICATION FOR PASSENGER VESSEL PERMIT, effective February 2013, adopted and incorporated herein by reference.

(3) The applications must be completed in accordance with the list of license requirements contained in the application instructions. The forms listed in this rule are 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 ______________________ and _____________________.

Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.02 FS. History-New_____________.

 

61A-5.0017 Application for Extension or Amended Sketch of Licensed Premises.

In order to file a change or alter the sketch of licensed premises that was previously approved by the division an application must be filed on DBPR ABT-6029, APPLICATION FOR EXTENSION OR AMENDED SKETCH OF LICENSED PREMISES, effective February 2013, adopted and incorporated herein by reference. This form may be used to request a:

(1) Temporary Extension; or

(2) Permanent Extension; or

(3) Amended Sketch.

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 __________________.

Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.01(11), 565.02(1)(g) FS. History-New_____________.

 

61A-5.0018 Application for Alcoholic Beverage Exporter Registration.

Any person engaged in the sale of alcoholic beverages outside the state must register with the Division on form DBPR ABT-6026, APPLICATION FOR ALCOHOLIC BEVERAGE EXPORTER REGISTRATION, incorporated herein by reference and effective February 2013, adopted 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 __________________________.

Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.01(16), 561.14(7), 562.12(2) FS. History-New_____________.

 

 

61A-5.056 Application for Retail Tobacco Products Dealer Permit.

(1) The term retail tobacco products dealer shall refer to the definition provided by Section 210.01(7), F.S., Section 210.095(g), F.S., and Section 569.002(4), F.S. For this section the term tobacco products shall refer to the definition provided by Section 569.002(6), F.S. A tobacco products retail dealer permit is required to sell cigarettes and tobacco products, and smoking pipes or smoking devices at retail within the State of Florida.

(2)(1) In order to be permitted as a Retail Tobacco Products Dealer or make changes to an existing permit, one of the following must be completed and filed with the division by the applicant or permittee:

(a) File for a permit or change thereto using form DBPR ABT 6028 DBR 42-056, Application for Retail Tobacco Products Dealer Permit incorporated herein by reference and effective February 2013, adopted and incorporated herein by reference December 20, 1992 or;

(b) File for a permit or make changes thereto and simultaneously file for an alcoholic beverage license by using form DBPR ABT 6001 DBR 42-001 Application for Alcoholic Beverage License, effective February 2013, adopted and incorporated herein by reference, Cigarette Wholesale Dealer, or Retail Tobacco Products Dealer Permit, or DBPR ABT 6002 Application for Transfer of an Alcoholic Beverage License. effective February 2013, incorporated herein by reference as adopted in Rule 61A-5.010, F.A.C., as referenced in Rule 61A-5.700, F.A.C., or;

(c) File for multiple permits or make changes thereto by using form DBR 42-056 and form DBR 42-057, Short Form Application for Tobacco Products Dealer Permit(s), incorporated herein by reference and effective December 20, 1992.

(3)(2) The fee for a new Retail Tobacco Products Dealer permit shall be $50.00. The fee must accompany the permit application DBPR ABT 6028 Application for Retail Tobacco Products Dealer Permit incorporated herein by reference and effective February, 2013, adopted and incorporated herein by reference DBR 42-056 or DBR 42-057, which is submitted to the division. Applicants filing simultaneously for an alcoholic beverage license and a retail tobacco products dealer permit on form DBPR ABT 6001 Application for Alcoholic Beverage License, or DBPR ABT 6002 Application for Transfer of Ownership of an Alcoholic Beverage License, effective February 2013, incorporated herein by reference as adopted in Rule 61A-5.010, F.A.C., DBR 42-001 will submit the fee after the application has been approved by the central office in Tallahassee. A notice of approval and fee payment due will be sent to the applicant for the alcoholic beverage license and the Retail Tobacco Products Dealer permit.

(3) No change.

(4) The permit year for a Retail Tobacco Products Dealer permit shall be from January 15 through the following January 15 of each year and shall not be pro rated except as follows:

(a) The division shall establish a process whereby the permit year for a Retail Tobacco Products Dealer permit shall be changed in order that the alcoholic beverage license and the tobacco permit may be renewed simultaneously.

(b) A person who is both an alcoholic beverage licensee and a Retail Tobacco Products Dealer permittee will have a permit year commensurate with the alcoholic beverage license year. as follows:

1. The initial issuance of a new permit to be valid on or after January 15, 1993 shall be issued at a pro rata fee of $12.50 to be valid through March 31, 1993 or at a pro rata fee of $37.50 to be valid through September 30, 1993, depending on the area wherein the Retail Tobacco Products Dealer’s alcoholic beverage license is located.

2. Thereafter, the permit will be renewed at a full year fee and the permit year shall be either April 1 through March 31, or October 1 through September 30 commensurate with the license year of the alcoholic beverage license.

(5) A Retail Tobacco Products Dealer permit may not be transferred to a new owner. Such permit may change location after an application has been filed with the division and after the application has been approved and a new permit issued. There shall be no fee to change the location of a retail tobacco products permit.

(6) A Retail Tobacco Products Dealer permit may not change location. The division shall issue at the request of the applicant a temporary Tobacco Products Dealer Permit whenever an applicant is also filing for a temporary alcohlic beverage license of any kind. There shall be no additional fee for the issuance of a temporary Tobacco Products Dealer Permit.

(7) The division shall issue at the request of the applicant a temporary Tobacco Products Dealer Permit whenever an applicant is also filing for a temporary alcoholic beverage license of any kind. There shall be no additional fee for the issuance of a temporary Tobacco Products Dealer Permit. If a permit is lost or destroyed, a retail tobacco products permittee may apply to the division for the issuance of a duplicate permit. This shall be in affidavit form, advising that the permit has been lost or destroyed accompanied by a payment of a $15 fee.

(8) If a permit is lost or destroyed, a retail tobacco products permittee may make a request to the division for the issuance of a duplicate permit. This shall be in affidavit form, advising that the permit has been lost or destroyed accompanied by a payment of a $15 fee. The division shall assess delinquent renewal penalties on permittees who fail to timely renew their permits. The division will use the postmark date as evidence of delinquency. Any renewal postmarked after the due date will be considered delinquent and must pay the applicable delinquent renewal penalty in addition to the renewal fee to the division prior to the permit being renewed.

Rulemaking Specific Authority 569.002, 569.003, 569.009 FS., Chapter 92-285, Laws of Florida. Law Implemented Chapter 92-285, Laws of Florida. History–New 12-20-92, Formerly 7A-5.056, Amended________.

 

61A-5.708 Request for License Cancellation.

Unless specifically authorized by statute, the division may not issue more than one alcoholic beverage license or permit to a location. A licensee property owner or his agent may submit DBPR ABT-6007, Request for License CancellatioN, effective February 2013, adopted and incorporated herein by reference, may use DBR 708L, LICENSE CANCELLATION REQUEST, or a letter with the following information: Legal entity name, license number, signed by the licensee of record and notarized referenced in Rule 61A-5.010, to request cancellation of a license or permit issued by the division an alcoholic beverage license when the current licensee has been evicted or has abandoned the premises and the premises has been rented or leased to a new tenant. 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 ________________________. The form is filed in duplicate and must be signed by the property owner or his agent.

Rulemaking Specific Authority 561.08, 561.11 FS. Law Implemented 561.08, 561.11, 561.01(11), 561.17 FS. History–New 2-16-89, Formerly 7A-5.708, Amended________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Allen Douglas, Division Director, Division of Alcoholic Beverages 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: April 23, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 12, 2013