Florida Statutes Title XXXIV Chapter 561 - Beverage Law: Administration

• 561.01 - Definitions.
  As used in the Beverage Law:(1) “Division” means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation.(2) “Department” means the Department...
• 561.02 - Creation And Duties Of Division Of Alcoholic Beverages And Tobacco.
  There is created within the Department of Business and Professional Regulation the Division of Alcoholic Beverages and Tobacco, which shall supervise the conduct, management, and...
• 561.025 - Alcoholic Beverage And Tobacco Trust Fund.
  There is created within the State Treasury the Alcoholic Beverage and Tobacco Trust Fund. All funds collected by the division under ss. 210.15, 210.40, or...
• 561.027 - Federal Law Enforcement Trust Fund.
  (1) The Federal Law Enforcement Trust Fund is created within the Department of Business and Professional Regulation. The department may deposit into the trust fund receipts...
• 561.051 - Reporting Requirements Of Director.
  The director of the division shall promptly report and remit to the Chief Financial Officer all taxes and fees collected by him or her hereunder.History.—s....
• 561.08 - Enforcement Of Beverage Law; Division To Prescribe Forms.
  The division shall enforce the provisions of the Beverage Law and cigarette tax law and perform such other acts as may be necessary to carry...
• 561.11 - Power And Authority Of Division.
  (1) The division has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of the Beverage Law.(2) The division shall have full...
• 561.1105 - Inspection Of Licensed Premises; Coin-operated Amusement Machines.
  In conducting inspections of establishments licensed under the Beverage Law, the division shall determine if each coin-operated amusement machine that is operated on the licensed...
• 561.111 - Payment Of Taxes By Electronic Funds Transfer.
  The Secretary of Business and Professional Regulation may require a person who manufactures or distributes alcoholic beverages within the state to remit by electronic funds...
• 561.121 - Deposit Of Revenue.
  (1) All state funds collected pursuant to ss. 563.05, 564.06, and 565.12 shall be paid into the State Treasury and disbursed in the following manner:(a) Two percent...
• 561.1211 - Credit For Contributions To Eligible Nonprofit Scholarship-funding Organizations.
  There is allowed a credit of 100 percent of an eligible contribution made to an eligible nonprofit scholarship-funding organization under s. 1002.395 against any tax...
• 561.14 - License And Registration Classification.
  Licenses and registrations referred to in the Beverage Law shall be classified as follows:(1) Manufacturers licensed to manufacture alcoholic beverages and distribute the same at wholesale...
• 561.15 - Licenses; Qualifications Required.
  (1) Licenses shall be issued only to persons of good moral character who are not less than 21 years of age. Licenses to corporations shall be...
• 561.17 - License And Registration Applications; Approved Person.
  (1) Any person, before engaging in the business of manufacturing, bottling, distributing, selling, or in any way dealing in alcoholic beverages, shall file, with the district...
• 561.18 - License Investigation.
  After the application has been filed with the local district office supervisor, the district supervisor shall cause the application to be fully investigated, both as...
• 561.181 - Temporary Initial Licenses.
  (1)(a) When any person has filed a properly completed application which does not on its face disclose any reason for denying an alcoholic beverage license, the...
• 561.19 - License Issuance Upon Approval Of Division.
  (1) Upon the completion of the investigation of an application, the division shall approve or disapprove the application. If approved, the license shall be issued upon...
• 561.20 - Limitation Upon Number Of Licenses Issued.
  (1) No license under s. 565.02(1)(a)-(f), inclusive, shall be issued so that the number of such licenses within the limits of the territory of any county...
• 561.22 - Licensing Manufacturers, Distributors, And Registered Exporters As Vendors Prohibited.
  (1) Except as provided in this section, any applicant may receive a license as a manufacturer or distributor or may be registered as an exporter, but...
• 561.221 - Licensing Of Manufacturers And Distributors As Vendors And Of Vendors As Manufacturers; Conditions And Limitations.
  (1)(a) Nothing contained in s. 561.22, s. 561.42, or any other provision of the Beverage Law prohibits the ownership, management, operation, or control of not more...
• 561.23 - License Display.
  All vendors licensed under the Beverage Law shall display their licenses in conspicuous places on their licensed premises.History.—s. 2, ch. 16774, 1935; CGL 1936 Supp....
• 561.24 - Licensing Manufacturers As Distributors Or Registered Exporters Prohibited; Procedure For Issuance And Renewal Of Distributors’ Licenses And Exporters’ Registrations.
  (1) A manufacturer, rectifier, or distiller that manufactures, rectifies, or distills spirituous liquors or wine may not be granted a license as a distributor and may...
• 561.25 - Officers And Employees Prohibited From Being Employed By Or Engaging In Beverage Business; Penalties; Exceptions.
  (1) No officer or employee of the division, and no sheriff or other state, county, or municipal officer with state police power granted by the Legislature,...
• 561.26 - Term Of License.
  (1) Except as provided in s. 561.351, no license shall be issued except an annual license. Licenses shall be renewed annually, and the division shall adopt...
• 561.27 - Renewal Of License.
  (1) A licensee under the Beverage Law shall be entitled to a renewal of his or her annual license from year to year, as a matter...
• 561.29 - Revocation And Suspension Of License; Power To Subpoena.
  (1) The division is given full power and authority to revoke or suspend the license of any person holding a license under the Beverage Law, when...
• 561.32 - Transfer Of Licenses; Change Of Officers Or Directors; Transfer Of Interest.
  (1) Licenses issued under the provisions of the Beverage Law shall not be transferable except as follows:(a) When a licensee has made a bona fide sale of...
• 561.33 - Licensee Moving To New Location; Changing Name Of Business.
  (1) Any licensee may move his or her place of business and sell at his or her new place of business upon approval by the division...
• 561.331 - Temporary License Upon Application For Transfer, Change Of Location, Or Change Of Type Or Series.
  (1) Upon the filing of a properly completed application for transfer pursuant to s. 561.32, which application does not on its face disclose any reason for...
• 561.342 - County And Municipal License Tax.
  (1) Twenty-four percent of the license taxes imposed under ss. 561.14(6), 563.02, 564.02, 565.02(1), (4), and (5), and 565.03 collected within the county shall be returned...
• 561.351 - Manufacturers, Brokers, Sales Agents, Importers, And Passenger Common Carriers; Term Of License.
  All licenses of manufacturers, brokers, sales agents, importers, and passenger common carriers as provided for under s. 565.02 shall be issued annually and shall run...
• 561.37 - Bond For Payment Of Taxes.
  Each manufacturer and each distributor shall file with the division a surety bond acceptable to the division in the sum of $25,000 as surety for...
• 561.371 - Bond For Payment Of Taxes By Spirituous Liquor Distributors.
  Each distributor of spirituous liquors shall file with the division a surety bond acceptable to the division in the sum of $100,000 as surety for...
• 561.38 - Issuance Of License Prohibited Until Bond Approved; Cancellation Or Expiration Of Bond.
  A license may not be issued to a manufacturer or distributor until the bond herein provided for has been approved by the division. If at...
• 561.41 - Maintenance And Designation Of Principal Office By Manufacturers, Distributors, Importers, And Exporters.
  Each licensed manufacturer, distributor, and importer and each registered exporter must have within this state an office designated as its principal office within this state...
• 561.411 - Qualifications For Distributors.
  No distributor’s license shall be issued to or held by any person or business which does not meet and maintain the following qualifications with respect...
• 561.42 - Tied House Evil; Financial Aid And Assistance To Vendor By Manufacturer, Distributor, Importer, Primary American Source Of Supply, Brand Owner Or Registrant, Or Any Broker, Sales Agent, Or Sales Person Thereof, Prohibited; Procedure For Enforcement; Exception.
  (1) No manufacturer, distributor, importer, primary American source of supply, or brand owner or registrant of any of the beverages herein referred to, whether licensed or...
• 561.421 - Temporary Convention Permits.
  In convention halls, coliseums, and similar type buildings where there is an existing beverage license, upon the approval of the incorporated city, town, or board...
• 561.422 - Nonprofit Civic Organizations; Temporary Permits.
  Upon the filing of an application, presentation of a local building and zoning permit, and payment of a fee of $25 per permit, the director...
• 561.423 - Beer And Malt Beverages; In-store Servicing Authorized.
  Nothing in s. 561.42 or any other provision of the Beverage Law shall prohibit a distributor of beer or malt beverages from providing in-store servicing...
• 561.424 - Vinous Beverages; In-store Servicing Authorized.
  (1) It is the finding of the Legislature that the in-store servicing of wine by a distributor is a necessary part of a distributor’s function and...
• 561.43 - Dry Counties; Manufacturers’ Or Distributors’ Licenses; Exporters’ Registrations; Exemptions.
  (1) A license may not be issued to a manufacturer or distributor, and a registration may not be issued to an exporter, for the operation of...
• 561.49 - No Tax On Out-of-state Sales.
  The excise taxes provided for in this chapter shall be paid as to all such beverages sold within this state. No excise tax shall be...
• 561.495 - Legislative Findings; Cost Of Regulating Imported Beverages.
  Effective July 1, 1988, the Legislature finds and determines that the authorized transportation and importation into the state of alcoholic beverages described in chapters 564...
• 561.50 - One State Tax Payment; Reports.
  (1) There shall be only one state tax paid as to each gallon or fraction thereof of beverage sold under the Beverage Law, and no other...
• 561.5101 - Come-to-rest Requirement; Exceptions; Penalties.
  (1) For purposes of inspection and tax-revenue control, all malt beverages, except those manufactured and sold by the same licensee, pursuant to s. 561.221(2) or (3),...
• 561.54 - Certain Deliveries Of Beverages Prohibited.
  (1) It is unlawful for common or permit carriers, operators of privately owned cars, trucks, buses, or other conveyances or out-of-state manufacturers or suppliers to make...
• 561.545 - Certain Shipments Of Beverages Prohibited; Penalties; Exceptions.
  The Legislature finds that the direct shipment of alcoholic beverages by persons in the business of selling alcoholic beverages to residents of this state in...
• 561.55 - Manufacturers’, Distributors’, Brokers’, Sales Agents’, Importers’, Vendors’, And Exporters’ Records And Reports.
  (1) Each manufacturer, distributor, broker, sales agent, importer, and exporter shall keep a complete and accurate record and make reports showing the amount of:(a) Beverages manufactured or...
• 561.56 - Transportation Of Beverages By Manufacturers, Distributors, And Exporters.
  Manufacturers, distributors, and exporters may transport or cause to be transported such beverages from one place in this state to another place in this state,...
• 561.57 - Deliveries By Licensees.
  (1) Vendors shall be permitted to make deliveries away from their places of business of sales actually made at the licensed place of business; provided, telephone...
• 561.58 - Issuance Of License For A Prior License Revoked.
  When a license is revoked by the division, it may prohibit or permit a license to be issued for the location of the place of...
• 561.65 - Mortgagee’s Interest In License.
  (1) Any person holding a bona fide mortgage or lien or security interest in a spirituous alcoholic beverage license in this state shall have the right...
• 561.66 - Legislative Intent.
  It is the intent of the Legislature that this chapter and chapters 562, 563, 564, and 565 shall apply within the state boundaries of Florida,...
• 561.665 - Division To Restrict Licensees From Permitting Certain Activities.
  The division shall promulgate rules, to become effective no later than October 1, 1989, to prohibit every person maintaining, owning, or operating a commercial establishment...
• 561.67 - Reclamation By Distributor Of Beverages Not Paid For By Licensed Vendors.
  (1) The division shall issue to the distributor a written statement of reclamation, upon written request by such licensed distributor of spirituous, vinous, or malt beverages,...
• 561.68 - Licensure; Distributor’s Salespersons.
  (1)(a) Before any person may solicit or sell to vendors or become employed as a salesperson of spirituous or vinous beverages for a licensed Florida distributor...
• 561.695 - Stand-alone Bar Enforcement; Qualification; Penalties.
  (1) The division shall designate as a stand-alone bar the licensed premises of a vendor that operates a business that meets the definition of a stand-alone...
• 561.701 - Short Title.
  This act may be cited as the “Florida Responsible Vendor Act.”History.—s. 1, ch. 89-107.
• 561.702 - Legislative Intent.
  It is the intent of the Legislature to:(1) Eliminate the sale of alcoholic beverages to, and consumption of alcoholic beverages by, underaged persons.(2) Reduce intoxication-related accidents, injuries,...
• 561.703 - Definitions Relating To Florida Responsible Vendor Act.
  As used in this act, the term:(1) “Division” means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation.(2) “Vendor” means a...
• 561.705 - Responsible Vendor Qualification.
  To qualify as a responsible vendor, the vendor must:(1) Provide a course of instruction for its employees that must include subjects dealing with alcoholic beverages and...
• 561.706 - Exemption From License Suspension Or Revocation; Mitigation For Certain Beverage Law Violations; Records Of Arrests.
  (1) The license of a vendor qualified as a responsible vendor under this act may not be suspended or revoked for an employee’s illegal sale or...

Last modified: September 23, 2016