Items Customarily Sold in a Restaurant

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

RULE NO.: RULE TITLE:

61A-3.055: Items 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, and amended in the Vol. 45, No. 43 and Vol. 45, No. 120, issues of the Florida Administrative Register on March 4, 2019, and June 20, 2019, respectively.

 

61A-3.055 Items Customarily Sold in a Restaurant.

(1) As used in section 565.045, Florida Statutes, items customarily sold in a restaurant shall only expressly include the following:

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

(b) Hot or cold beverages; or

(c) Souvenirs 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 section 565.045, Florida Statutes, items customarily sold in a restaurant shall include services or sales authorized in the “Florida Public Lottery Act”, section 24.122(4), Florida Statutes.

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