The purpose and effect of the proposed rule is to address changes necessary to remove obsolete and/or redundant language and to clarify certain provisions of the rule pertaining to qualifications of the special restaurant license.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

RULE NO.:RULE TITLE:

61A-3.0141Special Restaurant Licenses

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to address changes necessary to remove obsolete and/or redundant language and to clarify certain provisions of the rule pertaining to qualifications of the special restaurant license.

SUMMARY: The subject area to be addressed is the license requirements for a special restaurant license.

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: 561.11 FS.

LAW IMPLEMENTED: 20.165, 561.01(11), 561.17, 561.18, 561.19, 561.20(2)(a)4, 561.20(4), 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: Renita Walton-Hayes, Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation, 1940 North Monroe Street, Suite 26, Tallahassee, Florida 32399, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 61A-3.0141 Special Restaurant Licenses follows. See Florida Administrative Code for present text.

61A-3.0141 Special Restaurant Licenses.

(1) A qualifying food service establishment must meet and continually comply with the requirements of this rule and the Beverage Law as a condition of holding a special restaurant license.

(2) A special restaurant license shall be issued only to an applicant that is engaged in the sale and service of food and non-alcoholic beverages and that meets the criteria set forth herein.

(a) A qualifying food service establishment receiving a special restaurant license after April 18, 1972, must have a service area occupying 2,500 or more square feet.  The required square footage shall include only the food service establishment’s building and other outside areas which are contiguous to the building.  The square footage shall be under the management and control of a single licensed food service establishment and be exclusively used in the operation of the food service establishment.  Measurements of the required square footage will be taken from the outside of qualifying structures and outdoor spaces.

(b) A qualifying food service establishment receiving a special restaurant license after April 18, 1972, must have sufficent equipment and accommodations to serve and seat 150 or more patrons at tables at one time.  The tables and seats must be for the exclusive use of the food service establishment and located within the service area meeting the criteria of paragraph (2)(a) of this rule.  Seating at counters where food service is available at all times shall be included in the minimum table service requirements.

(c) An applicant for a special restaurant license must hold the appropriate food service establishment license issued by the Division of Hotels and Restaurants or the Department of Health prior to issuance of a temporary or permanent special restaurant license by the Division of Alcoholic Beverages and Tobacco.

(d) Food service must be available at all times when the food service establishment is serving alcoholic beverages.  Alcoholic beverage service may continue until food service is completed to the final seating of patrons, provided that the time of sale is permitted under Section 562.14, F.S.

(3) A qualifying food service establishment receiving a special restaurant license after April 18, 1972, must maintain the required revenue percentage and the required records, as set forth in paragraph (a) below.  Administrative action will be initiated by the division when audit findings determine that a special restaurant license failed to meet the required revenue percentage applicable to the license during the audit period.

(a) For the first 60-day operating period and for each 12-month operating period thereafter, at least 51 percent of gross food and beverage revenue must be derived from the retail sale of food and non-alcoholic beverages on the licensed premises. 

1. Separate records of all purchases and all retail sales shall be maintained on the licensed premises, or other designated place approved in writing by the division, for a period of 3 years.  The required records shall be legible and clear and shall be made available within 14 days upon request of the division.

2. The required revenue percentage shall be computed as the sum of gross food and non-alcoholic beverage revenue divided by the sum of gross food and beverage revenue.  Proceeds of catering sales shall not be included in the calculation of gross food and beverage revenue.  Catering sales include any sale of food or non-alcoholic beverages prepared by the licensee on the licensed premises for service by the licensee outside the licensed premises.  For purposes of determining food and beverage revenue, an alcoholic beverage means the retail price of a serving of beer, wine, straight distilled spirits, or a mixed drink.

(4) When a special restaurant license is issued or governed by special act or general law that differs from the Beverage Law, the standards and methodology herein shall be used to determine compliance with the requirements of the special act or general law. Any license issued under or governed by a local or special act shall be subject to all requirements and restrictions contained in the Beverage Law.

Rulemaking Authority 561.11 FS. Law Implemented 20.165, 561.01(11), 561.17, 561.18, 561.19, 561.20(2)(a)4, 561.20(4), 561.29 FS. History–New 8-23-90, Amended 5-19-91, 10-22-91, 7-1-2016, Formerly 7A-3.014.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Thomas Philpot, Director, Division of Alcoholic Beverages and Tobacco

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 4, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 12, 2014