To specify the requirements and conditions by which a holder of a quota alcoholic beverage license must notify the Division of inactive status of the license or request a waiver of operation requirements applicable to the license subject to the ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

RULE NO.:RULE TITLE:

61A-5.0106Application for Inactive Status or Waiver of Active Operation Requirements for Quota Alcoholic Beverage Licenses

PURPOSE AND EFFECT: To specify the requirements and conditions by which a holder of a quota alcoholic beverage license must notify the Division of inactive status of the license or request a waiver of operation requirements applicable to the license subject to the restrictions in section 561.29, F.S.

SUMMARY: To promulgate and incorporate by reference form DBPR ABT-6027, Application for Inactive Status or Waiver of Active Operation Requirements for Quota Alcoholic Beverage Licenses, and clarify the process by which a holder of a quota alcoholic beverage license shall notify the Division of inactive status or request the applicable waiver of operation requirements subject to the restrictions in section 561.29, F.S.

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: 561.29 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-5.0106 Application For Inactive Status or Waiver of Active Operation Requirements For Quota Alcoholic Beverage Licenses.

(1) The application for placing a quota alcoholic beverage license into an inactive status or requesting a waiver of active operation requirements must be filed with the Division of Alcoholic Beverages and Tobacco on form DBPR ABT-6027, APPLICATION FOR INACTIVE STATUS OR WAIVER OF ACTIVE OPERATION REQUIREMENTS FOR QUOTA ALCOHOLIC BEVERAGE LICENSES, incorporated herein by reference and effective ______.  The application must be completed in accordance with the list of license requirements contained in the application instructions.  The form listed in this rule is available upon request from the Division’s district office serving your area of interest, or may be accessed electronically at http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/, or https://www.flrules.org/Gateway/reference.asp?No=Ref-10724.

(2) “Active” shall mean that the licensee is in compliance with section 561.29, Florida Statutes, in a manner so as to maximize sales and tax revenues thereon.

Rulemaking  Authority 561.08, 561.11 FS. Law Implemented 561.29 FS. History–New _______.

 

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 15, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 1, 2016