Fort Walton Beach Council agenda — 04-28-09 regular — reading text

all beverages of alcoholic content if county is " Wet" EXPORTERS LICENSE This license pertains to the transportation of tax -exempt alcoholic beverages into Florida under bond, to be exported under bond for delivery beyond the borders of Florida. EXPORTER Series ( m) - EXP - To distribute beverages for export on 500. 00 VENDORS LICENSE This license pertains to the selling of alcoholic beverages at retail only. 2 -APS 2 -COP 1 - APS 1 - COP Beer & Beer & PS COP Beer Beer Wine Wine Liquor Liquor Package Consumption Package Consumption Package Consumption COUNTY Population Counties over 100, 000 100. 00 200.00 140. 00 280. 00 1312. 50 1750. 00 Counties 75, 000- 100, 000 80. 00 160. 00 120. 00 240. 00 1125. 00 1500. 00 Counties 50, 000- 75, 000 60. 00 120. 00 100. 00 200. 00 937. 50 1250. 00 Counties 25, 000 -50, 000 240. 00 380. 00 480.00 160. 00 618. 75 825. 00 Counties under 25, 000 20. 00 40.00 60. 00 120. 00 450. 00 600. 00 Liquor vendors holding COP licenses which have more than three ( 3) permanent separate locations serving alcoholic beverages for consumption on the licensed premises, shall pay in addition to the license tax imposed, an additional one thousand dollars 1000. 00). MISCELLANEOUS - VENDORS Series 11 - C - Club license to sell to members and non -resident guests 400.00 only Series 12 -RT - Caterers at Race Tracks ( Limited License) 675. 00 Series - Temporary (On Transfers Only) 100. 00 Liquor Salesman ( Distributor sales representative) No Fee Vehicle Permit ( Commercial Transport alcoholic beverages) 1. 00 Cigarette Permit ( CWD) - ( Cigarette wholesale dealer) 100. 00 Renewal Annually 5. 00 Cigarette Permit (EXP) - ( Exporter) 100. 00 Renewal Annually 5. 00 Cigarette Permit ( CDA) - ( Cigarette Distributing Agent) 5. 00 Renewal Annually 5. 00 Common Carrier - Beverage Vendor Airlines- Steamships- Business - ( Master Permit) 1100. 00 Certified Copy) 25. 00 Railroads - ( Master Permit) 2500. 00 Certified Copy) 10. 00 One Day Civic Organization 25. 00 Off Premises Storage Permit No Fee Temporary Convention Permit No Fee State Bonded Warehouse - ( initial fee, non -recurring) 1. 00 Brand Registration ( Spirituous Beverage) ( per label) 20. 00 Specific Authority 561. 11 FS. Law Implemented 561. 14, 561. 43, 563. 02, 564. 02, 565.02, 565. 03, 210 FS. History -New 3 -1 - 76, Formerly 7A -1. 13, 7A- 1. 013. 61A -1. 017 Moral Character. 1) For purposes of the Beverage Law, a person of "good moral character" shall mean a person who: a) Has the ability to distinguish between right and wrong and the character to observe the difference; b) Observes the rules of right conduct; and c) Acts in a manner that indicates and establishes the qualities of trust and confidence that is generally acceptable to the state. 2) Conduct that does not establish the qualities of trust and confidence include the following:  a) Being penalized for a criminal act in this country or a foreign country that is punishable by imprisonment for a term exceeding 1 year when the act is related to alcoholic beverages, failure to pay taxes, unlawful drugs or controlled substances, prostitution, or injuring another person in the preceding 15 years; b) Committing two or more crimes in this country or a foreign country that are punishable by imprisonment for a term exceeding 1 year, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years; c) Committing an unlawful lewd, lascivious, or indecent assault or act upon or in the presence of a person under the age of 16, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years; d) Having a delinquent child support obligation which has resulted in issuance of a court order for collection within the preceding 5 years; e) Committing two or more acts of prostitution or lewdness, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years; f)Committing an act of unlawful battery, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years; g) Committing an act of selling, delivering, giving, or possession with the intent to sell, give, or deliver unlawful controlled substances or drugs, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years; h) Committing two or more acts in violation of alcoholic beverage laws, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years; i) Committing perjury or giving false information under oath to a government agency or court, unless found not guilty by a court of competent jurisdiction during the preceding 5 years; 0) Engaging in a pattern of fraud as defined in Section 409.327, Florida Statutes, unless found not guilty by a court of competent jurisdiction during the preceding 5 years; and k) Having had an ownership interest or managed a business whose alcoholic beverage license or permit was revoked by a government agency for a violation of a criminal law that is punishable by imprisonment for a term exceeding 1 year or four violations of the same law during the preceding 3 years. 3) Mitigation the division will consider in determining a person' s good moral character when there is evidence of the conduct described in subsection ( 2) of this rule includes: a) An affidavit explaining the circumstances of past conduct and evidence of the qualities of trust and confidence, the ability to distinguish between right and wrong, and the character to observe the difference; and b) Character references from people who have personal knowledge of the applicant' s or licensee's qualities of trust and confidence, the ability to distinguish between right and wrong, and the character to observe the difference. References may not include spouses, sons, daughters, or anyone employed by the applicant or licenses. c) Evidence of good citizenship and improving the quality of life in their community. 4)( a) Licensee' s who fail to continue meeting the good moral character standard will be issued an administrative action to determine if the license should be revoked. b) Corporate and partnership licenses shall not be revoked when there are adversely affected people having an ownership interest if the licensee: 1. Terminates the employment of the person who is not of good moral character; 2. Does not give or sell additional ownership interest in the enterprise to the person who is not of good moral character where it has the legal right to restrict such purchase of additional ownership interest; 3. Prohibits the person who is not of good moral character from being on the licensed premises or talking with any employee of the licensee, except at scheduled shareholder's meeting, unless the division has approved a petition or stipulation agreeing to vary from this restriction; and 4. Demonstrates to the satisfaction of the division that the conduct by an owner was not on a licensed premises owned by the corporation or partnership. Specific Authority 561. 11 FS. Law Implemented 561. 15, 561. 29, 559. 791 FS. HistoryNew 8 -1 - 93. 61A -1. 020 Sale of Alcoholic Beverages to Agents for Consumers. 1)The division shall not consider anyone to be selling alcoholic beverages in violation of Section 562. 12, Florida Statutes, provided the person is an agent or employee of the consumer. All alcoholic beverages purchased by a person for off premises - consumption must be purchased from a licensed vendor that is authorized to sell packaged goods. 2) A person will be considered an agent for a consumer if the following procedures are followed: a) The person is provided the total amount of money from a consumer to purchase alcoholic beverages on their behalf and does not add any cost to the alcoholic beverages purchased. The consumer' s money must be in the possession of the purchaser and used to pay for all of the alcoholic beverages at the time of purchase. b) The person is provided authorization to charge the consumer' s purchase to the consumer's account or credit card, and does so at the time of purchase. c) The person picks up and delivers alcoholic beverages which the consumer ordered and prepaid to the licensed vendor by cash or credit.  3) The person separately bills a consumer for delivery charges, set -ups, food, bartending, and any services provided, but does not commingle the purchase of alcoholic beverages with the services provided unless the person has a license authorizing the package sale of the alcoholic beverages purchased. The person shall not invoice a consumer for alcoholic beverages but may use the authorized alcoholic beverage vendor's invoice to provide the consumer an accounting of the prices and quantities of alcoholic beverages purchased for the consumer. 4) A food caterer licensed by the Division of Hotels and Restaurants will be considered an agent for a consumer if the following procedures are adhered to: a) The licensed food caterer takes the order from the consumer to purchase alcoholic beverages in his/her behalf from a licensed vendor, and purchases the alcoholic beverages indicated on the order. The licensed food caterer shall not commingle the alcoholic beverages with any other alcoholic beverages. b) The licensed food caterer invoices the customer for the alcoholic beverages. A copy of the original customer order form and a copy of the licensed