The purpose and effect of the proposed rules is to make changes to the entry form and drawing process for new quota alcoholic beverage licenses in order to clarify and streamline the process.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Alcoholic Beverages and Tobacco

RULE NO: RULE TITLE
61A-5.0105: Beverage Licenses, New Quota Issue
61A-5.747: Preliminary Application for a New Quota Alcoholic Beverage License
PURPOSE AND EFFECT: The purpose and effect of the proposed rules is to make changes to the entry form and drawing process for new quota alcoholic beverage licenses in order to clarify and streamline the process.
SUMMARY: These proposed rules make changes to the entry form and drawing process for new quota alcoholic beverage licenses in order to clarify and streamline the process.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC 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.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lisa Livezey Comingore, Assistant General Counsel, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Office of the General Counsel, 1940 North Monroe Street, Suite 42, Tallahassee, Florida 32399, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

61A-5.0105 Beverage Licenses, New Quota Issue.

The division will follow the below listed procedures when entry forms are accepted for inclusion in the drawing for the right to apply issuance of for new state liquor licenses authorized by Florida Law, when they become available by reason of an increase in the population of a county or city, voting to permit the sale of intoxicating beverages when such sale had previously been prohibited, or by revocation of a license under Section 565.02(1)(a)-(f), F.S., or issued by Special Act prior to 1981:

(1) The entry application period for each quota alcoholic beverage drawing shall begin on the third Monday in August of each year issuance of quota alcoholic beverage licenses has been authorized, and last 45 90 days. The division shall publish legal notices in newspapers of general circulation within the counties in which licenses become available and the Florida Administrative Weekly and on AB&T’s page of the Department of Business and Professional Regulation’s web site at: http://www.state.fl.us/dbpr/abt/contact/index.shtml. In the event there is no newspaper of general circulation in the county where a new liquor license is authorized, the alternative posting procedure, found in Section 49.11, F.S., shall be used. Each legal notice published will include the deadline for filing entry forms applications, the number of licenses available for issuance in each county or city, and the location of the division's office where entry forms applications may be obtained and filed.

(2) All persons seeking entry into each drawing to apply for a new license shall file DBPR form ABT -60334000-033L, QUOTA LICENSE DRAWING Entry Form, effective 1/98 and incorporated herein, together with the non-refundable filing fee stated on the form. The entry form shall be delivered to the division or postmarked on or before the final date, set forth in the legal notice, and shall be date stamped by the division on the date the form is received. Forms not complete, not signed, or not accompanied by the required non-refundable filing fee shall result in a deficiency letter be returned to the applicant's mailing address by regular mail. 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 Applicants shall not be granted extensions for filing entry forms applications except by petition showing good cause and no negligence by the applicant.

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

(4) The division shall notify those entrants applicants who are selected as a result of the double random selection drawing by certified mail. Such notification will be sent to the mailing address listed on the entry form or subsequently filed with the division. It shall be the entrant’s applicant’s responsibility to maintain a correct mailing address with the division.

(5) All entrants applicants selected for the opportunity to apply for licenses shall file a completed 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.

(6) When any application has been disapproved and all hearings and appeals, pursuant to Sections 120.57 and 561.19(5), F.S., have been completed, the division shall 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 parties. The division shall follow such procedure until all available licenses have been awarded.

(7) Any person or persons who have been selected for licenses shall not be prohibited from having the license issued in the name of a corporation, or other legal entity, if 100% of the business is owned by the person or persons listed on the winning entry form for inclusion in the drawing.

(8) For the purposes of this section, “more than one applicant” shall mean that an entrant applicant may have a direct or indirect interest in only one application in each county or city for which a license is available, but may file separate entry forms for licenses in different counties or cities 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 which determines the order of selection for the director as prescribed in Section 561.19(2)(a), F.S.

(10) Notwithstanding subsection (2) above, persons applying for the application period beginning April 1, 1998 through June 29, 1998, shall use Form ABT 4000-999L, Quota License Entry Form, effective 10/16/97 and incorporated herein.

Specific Authority 561.11 FS. Law Implemented 120.57, 561.14, 561.15, 561.17, 561.18, 561.19, 561.20 FS. History–New 1-20-97, Amended 1-8-98,__________.

 

61A-5.747 Quota License Drawing Entry Form Preliminary Application for a New Quota Alcoholic Beverage License.

(1) DBPR form ABT-603342-033, QUOTA LICENSE DRAWING ENTRY FORM PRELIMINARY APPLICATION FOR A NEW QUOTA ALCOHOLIC BEVERAGE LICENSE, incorporated herein by reference and effective 5-24-92, must be used by an entrant to gain entry into a quota license drawing.

(2) The information contained in the form must be affirmed sworn to and must be completed by all parties listed on the entry form or an authorized representative application.

(3) The division will only accept entry forms applications for filing which are complete. A complete entry form application includes the payment required to enter the drawing. Incomplete entry forms applications delivered to the division will result in a deficiency be returned with the application fee to the applicant with a letter advising the reason the entry form application is incomplete being returned. Entrants must deliver corrected entry forms 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.

Specific Authority 561.08, 561.11 FS. Law Implemented 561.08, 561.11, 561.17, 561.19, 561.20 FS. History–New 3-6-90, Amended 6-28-90, 5-24-92, Formerly 7A-5.747, Amended                  .

NAME OF PERSON ORIGINATING PROPOSED RULE: Steve Hougland, Ph.D., Division Director, Alcoholic Beverages and Tobacco
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Michael Wheeler, Acting Chief Attorney, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 29, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 4, 2007