Items Customarily Sold in a Restaurant

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

RULE NO.:RULE TITLE:

61A-3.055Items 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 sSection 565.045, Florida Statutes F.S., items customarily sold in a restaurant shall expressly only include the following:

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

(b) Hot or cold beverages; or

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

(d) Gift cards or certificates pertaining to the licensed premises.

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

(3) For determinations regarding any item not expressly enumerated in paragraph (1) above, vVendors 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 ________.