Application for Vehicle Permits, Application for Mortgagee's Interest in Spirituous Alcoholic Beverage License; Request for Alcoholic Beverage Lien Search, Application for One/Two/Three Day Permit or Special Sales License, Application for Change to ...

 

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-5.708License Cancellation Request

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. 39, No. 87, May 3, 2013 issue of the Florida Administrative Register.

 

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 July 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, 561.57, 562.07 FS. History–New_____________.

 

Form DBPR ABT-6016, APPLICATION FOR VEHICLE PERMITS, is modified as follows. The title of the form has been amended to read “Application for Vehicle Permits” in order to match the rule text. The footer of the form has been amended to display the correct rule number 61A-5.0011. On page two in section three, the affidavit has been removed and replaced by a declaration of the applicant. The notarization requirement has been removed for this form. References have been added in the instructions and the declaration that would allow for a vehicle that is owned or leased by a person disclosed on the vendor’s license and approved by the department to be permitted. Prior language in the form that restricted eligibility for permitting to the license holder has been removed.

 

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

(1) No change.

(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 July 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 561.17, 561.32, 561.65 561.57, 562.07 FS. History–New ___________.

 

Form DBPR ABT-6022, Application for Mortgagee’s Interest in Spirituous Alcoholic Beverage License, is modified by removing “Sworn and Subscribed” as an option in the jurats.

 

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

(1) No change.

(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 July 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, 561.20(12)(a), 561.422 FS. History–New _____________.

 

Form DBPR ABT-6003, APPLICATION FOR ONE/TWO/THREE DAY PERMIT OR SPECIAL SALES LICENSE, is modied as folows. The word “agree” has been changed to “acknowledge” when referencing the applicants understanding that a licensed location may be searched without a warrant. The option to have the application acknowledged has been removed from the jurat. A gramatical error in the affidavit is corrected the word “is” in the affidavit is changed to “am.”

 

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 July 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 _____________.

 

Form DBPR ABT-6004, Application for Change to a Licensed Legal Entity, is modified as follows. A citation to the moral character rule has been added to the instructions section and to Question 10 on the form. The word “agree” has been changed to “acknowledge” when referencing the applicants understanding that a licensed location may be searched without a warrant. The option to have the application acknowledged has been removed from the jurat.

 

61A-5.0015 Application for 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 July 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), 4561.181, 561.351 FS. History–New ____________.

 

Form DBPR ABT-6008, APPLICATION FOR Importer or Broker Sales Agent License, is modified as follows. A citation to the moral character rule has been added to the instructions section. The option to have the application acknowledged has been removed from the jurat. The word “agree” has been changed to “acknowledge” when referencing the applicants understanding that a licensed location may be searched without a warrant.

 

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 July 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 July 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 565.02 561.02 FS. History–New _____________.

 

Form DBPR ABT-6020, APPLICATION FOR COMMON CARRIER LICENSE, is modified as follows. The word “agree” has been changed to “acknowledge” when referencing the applicants understanding that a licensed common carrier may be searched without a warrant. The option to have the application acknowledged has been removed from the jurat. A typographical error is corrected in the affidavit; the word “or” is changed to “of.”

Form DBPR ABT-6021, APPLICATION FOR PASSENGER VESSEL PERMIT, is modified as follows. The word “agree” has been changed to “acknowledge” when referencing the applicants understanding that a licensed passenger vessel may be searched without a warrant. The option to have the application acknowledged has been removed from the jurat.

 

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 July 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 _____________.

 

Form DBPR ABT-6029, APPLICATION FOR EXTENSION OR AMENDED SKETCH OF LICENSED PREMISES, is modified as follows. The rule number is the footer is corrected to reference this rule. The word “agree” has been changed to “acknowledge” when referencing the applicants understanding that a licensed location may be searched without a warrant. On page three, the affidavit has been removed and replaced by a declaration of the applicant. The notarization requirement has been removed for this form.

 

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 July 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), 561.17 (4), 562.12(2) FS. History–New __________.

 

Form DBPR ABT-6026, APPLICATION FOR ALCOHOLIC BEVERAGE EXPORTER REGISTRATION, is modified as follows. The language in the affidavit is corrected to reflect the role of the signor. The option to have the application acknowledged has been removed from the jurat.

 

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

(1) No change.

(2) 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, Application for Retail Tobacco Products Dealer Permit incorporated herein by reference and effective July February 2013, adopted and incorporated herein by reference or;

(b) File for a permit or make changes thereto and simultaneously file for an alcoholic beverage license by using form DBPR ABT 6001 Application for Alcoholic Beverage or Tobacco License, effective July February 2013, adopted and incorporated herein by reference, or DBPR ABT 6002, Application for Transfer of an Alcoholic Beverage or Tobacco License,. effective July February 2013, adopted and incorporated herein by reference as adopted in Rule 61A-5.010, F.A.C.,

(3) 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 July February, 2013, adopted and incorporated herein by reference, 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 and Tobacco 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., will submit the fee after the application has been approved. 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) through (8) No change.

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

 

Form DBPR ABT 6028, Application for Retail Tobacco Products Dealer Permit, is modified as follows. The options to have the application acknowledged has been removed from the jurats. The phrase “to the best of my knowledge” has been added to the affidavit where the signor swears to information that has been provided by other individuals.

Form DBPR ABT 6001 Application for Alcoholic Beverage License, is modified as follows. The title fo the form has been changed to “Application for Alcoholic Beverage or Tobacco License.” A citation to the moral character rule has been added to the instructions section. The options to have the application acknowledged has been removed from the jurats.

Form DBPR ABT 6002 Application for Transfer of Ownership of an Alcoholic Beverage License, is modifed as follows. Citation to this rule has been added to the footer. A citation to the moral character rule has been added to the instructions section. The options to have this application acknowledged have been removed from the jurats. A blank page at page 13 has been removed. The word “agree” has been changed to “acknowledge” when referencing the applicants understanding that a licensed location may be searched without a warrant.

 

61A-5.708 Request for License Cancellation.

Unless specifically authorized by statute, the division may not issue more than one license or permit to a location. A licensee may submit DBPR ABT-6007, Request for License CancellatioN, effective July February 2013, adopted and incorporated herein by reference, or a letter with the following information: Legal entity name, license number, signed by the licensee of record and notarized, to request cancellation of a license or permit issued by the division. 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 561.08, 561.11, 561.01(11), 561.17 FS. History–New 2-16-89, Formerly 7A-5.708, Amended________.

 

Form DBPR ABT-6007, Request for License CancellatioN, is modified as follows. The affidavit has been removed and replaced by a declaration of the applicant. The notarization requirement has been removed for this form.