Section 6 of Ch. 2016-190, Laws of Florida, amended section 561.422, Florida Statutes, to clarify the applicant entities eligible for issuance of a temporary alcoholic beverage permit and the conditions of eligibility pertaining to certain applicant ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: Section 6 of Ch. 2016-190, Laws of Florida, amended section 561.422, Florida Statutes, to clarify the applicant entities eligible for issuance of a temporary alcoholic beverage permit and the conditions of eligibility pertaining to certain applicant entities. Proposed Rule 61A-5.0013, F.A.C. is intended to amend the current rule related to the application for a temporary permit to promulgate form updates that are necessary for implementation of the amendments in law and to eliminate obsolete, redundant, or unnecessary rule language.

SUMMARY: The proposed rulemaking will amend Rule 61A-5.0013, F.A.C., related to the application for a temporary permit, will promulgate form updates that are necessary for implementation of the amendments in law, and eliminate obsolete, redundant, or unnecessary rule language.

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, 561.422 FS.

LAW IMPLEMENTED: 561.17, 561.20(12), 561.422, 562.41 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-5.0013 Application for Temporary One/Two/Three Day Permit or Special Sales License.

(1) Temporary One/Two/Three Day Permit (ODP) – A bona fide nonprofit civic organization, charitable organization, municipality, or county may apply for be issued a temporary permit to sell alcoholic beverages for consumption on the premises only, for a period not to exceed three days. Such bona fide nonprofit civic organizations, charitable organizations, municipalities, or counties may be issued up to twelve three permits per calendar year unless otherwise authorized by special act.

(a) Municipalities and counties must first attempt to solicit a qualified nonprofit civic or charitable organization to conduct such sales prior to requesting the temporary permit.

(b) Municipalities and counties must donate all profits from the sales of alcoholic beverages collected during the permitted event to a nonprofit civic or charitable organization within 90 days after the permitted event.

(c) Nonprofit or civic organizations must retain all profits from sales of alcoholic beverages collected during the permitted event.

(2) Records of all alcoholic beverage purchases and sales for each event must be maintained for a period of three years, including documentation by the municipalities and counties to evidence efforts to solicit a qualified nonprofit civic or charitable organization to conduct the alcoholic beverage sales, or the donation of all net profits collected during the permitted event to a nonprofit civic or charitable organization within 90 days after the permitted event.

(3)(2) Special Sales License (SSL) – A person or organization may be issued a Special Sales License permit to sell alcoholic beverages by the package only for the limited circumstances and time periods as authorized by sSection 561.20(12)(a), F.S.

(4) To obtain a Temporary One/Two/Three Day Permit or Special Sales License, an application must be filed on DBPR ABT-6003, APPLICATION FOR TEMPORARY ONE/TWO/THREE DAY PERMIT OR SPECIAL SALES LICENSE, effective MM/YYYY August 2013, and 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 Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division’s district offices serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc, or may be accessed electronically at https://www.flrules.org/Gateway/reference.asp?No=Ref-10726.

Rulemaking Authority 561.08, 561.11, 561.422, FS., Chapters 2007-302, 2008-294, 2009-262, 2010-251, 2010-252, 2011-260 Laws of Florida Law Implemented 561.17, 561.20(12), 561.422, 562.41 FS., Chapters 2007-302, 2008-294, 2009-262, 2010-251, 2010-252, 2011-260, 2012-244 Laws of Florida. History‒New 11-27-13, Amended______.

 

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