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

Amended 4- 15 -87, Formerly 7A- 3. 017. 61A -3. 019 Club Licenses. All clubs licensed under the beverage law must adhere to the following regulations: 1) Alcoholic beverages may be served only to bona fide club members or to their guests. The payment for such service and distribution must be made only by bona fide club members. 2) Such clubs must have a definite fixed method of electing persons to membership in the club; such method must be described by the club' s bylaws and must have some relation to the object and purpose of the club. 3) Such clubs may sell and serve alcoholic beverages to club members and their invited guests only within the license premises as described by such sketch appearing on the application. 4) Spirituous beverages may be purchased only in individual containers which are not larger than 1. 75 liters or 59. 18 ounces nor smaller than 0. 75 liter or 25. 36 ounces. 5) Such clubs are required to observe the same hours of sale as permitted other licensees in the same city or county, unless a special act, city ordinance or resolution of the board of county commissioners establishes different hours of service for holders of such club licenses. 6) All service and distribution of alcoholic beverages by any such club must be for consumption on the premises only and no alcoholic beverages may be sold in sealed containers for off premises - consumption.  7) Clubs are prohibited from selling or serving or permitting their service of alcoholic beverages at social functions given at the club by any non -member of the club. 8) Clubs, in order to qualify, shall have been in continuous active existence devoted to promoting and pursuing the objectives provided by statute for a club for a period of not less than two years in the county where they exist, provided, however, the statutory exceptions as found in 565. 02( 4), Florida Statutes, shall not be affected by this subsection. 9) It shall be shown conclusively that the organization has actively pursued the purposes and objectives and goals of the charter and bylaws of that organization prior to issuance of a club license. 10) Nothing in this rule shall prohibit the sale of vinous or malt beverages in unsealed containers not otherwise prohibited by law for on- premises consumption only. 11) If any club holding a beverage license shall change club officers, such club shall within 10 days of the change file an application with the district office of the Division of Alcoholic Beverages and Tobacco and give a declaration of current officers. Any newly elected officers who have not previously been fingerprinted by the Division must have their fingerprints taken by the Division within this 10 day period. 12) Subsection ( 11) does not apply to club licenses issued to national fraternal organizations. For these licenses, instead of all officers, only the official club manager, club steward, or bar manager needs to file an application and be fingerprinted when there is a change. Specific Authority 561. 11 FS. Law Implemented 561. 20( 7), 565.02( 4), 565.05, 565. 06 FS. HistoryAmended 3- 22 -73, Repromulgated 12- 19 -74, Amended 3 -1 - 76, 7- 18 -85, Formerly 7A -3. 19, 7A- 3. 019. 61A -3. 020 Licenses, Change of Series. Any person, firm, or corporation holding a beverage license for which the annual fee has been paid in full may, upon qualifying for a license requiring a higher annual license fee, exchange it for the license requiring a higher annual license fee, upon payment of the difference between the annual rate of the first license purchased and the annual rate of the license desired; provided, however, all such transactions must be based upon the director' s approval of the application to make such transactions. Applications for such transactions must be submitted to the district supervisor of the district of the Division of Beverage wherein the premises of the license in question is located and must be processed in the manner prescribed in Sections 561. 17, 561. 18, and 561. 19, Florida Statutes. No reimbursement will be made by the Division to a holder of a beverage license who desires exchanging it for a license requiring a lower annual license fee. Specific Authority 561. 11 FS. Law Implemented 561. 17, 561. 18, 561. 19, 563. 02, 564.02, 565.02, 565.03 FS. History -Formerly 12- 19 -74, Amended 3 -1 - 76, Formerly 7A -3. 20, 7A- 3. 020. 61A- 3.0305 Pool Buying Procedures. 1) " Purchases between members of a pool buying group" shall mean that a member of a pool buying group who is part of the pool order making up a single transaction shall pay the buying agent directly for its share of the order, or shall give the buying agent the payment to remit to the distributor owed for the alcoholic beverages received. All payments shall be for the exact amount shown delivered on the invoice from the distributor, and all orders shall be placed in the following manner: a) All pool orders for alcoholic beverages shall be ordered from distributors by the pool buying agent. b) The pool buying agent shall place the order under the name of the pool buying group and provide instructions for delivery as well as each licensed vendor' s part of the pool order. c) Each distributor shall be responsible for creating the individual invoices for each vendor and a master invoice which shall include all alcoholic beverages ordered following the invoice rule and referring to each associated invoice supporting the master invoice. 2) " Members of a pool buying group" shall mean all licensed premises reported and on file with the division, using form DBPR 42 -010, " Application for Changes to Pool Buying Group ", effective 6/ 93 and incorporated herein and available upon request from the Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, FL 32399 -1021, prior to being a part of a pool order. 3) " Pool Buying Agent" shall be the licensed vendor who is registered by the pool buying group with the division, using form DBPR 42 -010, " Application for Changes to Pool Buying Group ", effective 6/ 93 and incorporated herein and available upon request from the Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, FL 32399 -1021, prior to placing any pool orders. 4) All of the members of a pool buying group who participate in an order which was not timely paid by the pool buying agent, shall be considered delinquent accounts and reported to the division as required by s. 561. 42, F.S. 5) Pool buying agents are required to maintain, for a period of 3 years, records of each pool order placed. The following information must be included in these records: a) The date the pool order was placed and each date it was revised. b) The distributor who was given the order. c) The names and license numbers of each pool member participating in the pool order. d) The price, discounts, and net price of all alcoholic beverages ordered by each member in the pool order.  e) The date when deliveries of pool orders are made to the pool buying agents premises, which is a permitted off premises - storage area. 6) Upon written request, a pool buying agent must make available for inspection all papers and reports related to pool orders, purchases, and payments within 10 days to any division employee. 7) Transfer of alcoholic beverages to the vendor who ordered the products as a part of a single transaction pool purchase from a vendor who received the products shall be considered a purchase between members of a pool buying group; provided the transfer is made within 7 days after delivery and a record of the transaction is made by the vendor transferring the products to another vendor. This record shall include: a) Business name and license number of each vendor; b) Names, sizes, and quantities of products transferred; c) Date delivery of products was received; d) Date physical transfer of products was made; e) Unique identifier that links the record with a specific pool order. Specific Authority 561. 11 FS. Law Implemented 561. 14(3), 561. 08, 561. 42 FS. History -New 1- 20 -97. 61A -3. 032 Alcoholic Beverages, Deposit for Future Purchases. 1) Vendors may make payment to distributors for alcoholic beverages prior to the time such alcoholic beverages are ordered or delivered. All such advance payments must be made by check, or other legal tender, and the distributor must deposit any such check, or legal tender, in his account on the next successive banking day after such payment is received. 2) The distributor must maintain records for any vendor who makes such advance payments whereby any advance payments and any sales to the vendor will be posted daily and it will be possible to ascertain the balance on hand in the vendor's account. Specific Authority 561. 11 FS. Law Implemented 561. 42 FS. History -Formerly 12- 19 -74, Amended 3 -1 - 76, Formerly 7A -3.32, 7A- 3. 032. 61A -3. 033 Delinquency, Payment of. Upon payment of a delinquent account by a vendor, who has been placed the " delinquent list, " to the distributor who had reported such delinquency, the distributor shall immediately notify the Division of the payment of such account. Such notice shall be made under oath on forms prescribed by the Division for that purpose; and a copy of such notice shall be furnished the vendor by the distributor. Specific Authority 561. 11 FS. Law Implemented 561. 42( 3) FS. HistoryFormerly 12- 19 -74, Formerly 7A -3. 33, 7A- 3. 033. 61A -3. 035 Delinquent List. No vendor will be placed on or removed from the " delinquent list" unless the appropriate forms prescribed for that purpose have been properly executed and received by the Division in the Central Office at Tallahassee or has otherwise provided by the director after sufficient cause is shown. Specific Authority 561. 11 FS. Law Implemented 561. 42( 3), ( 4), (5) FS. History -Formerly 12 -19- 74, Amended 3 -1- 76, Formerly 7A -3. 35, 7A- 3. 035. 61A -3. 039 Exceptions in Employment of Minors and Others. 1) As used in Section 562. 13, Florida Statutes: a) " Employ" means selecting a person to perform work for wages or tips who is subject to dismissal and control by the licensee. It shall also include permitting a person to work or the presence of any person in any place of employment during open hours who is not a customer. b) " Drugstores, grocery stores, department stores, florists, specialty gift shops, automobile service stations ", shall mean any premises for which a beer or beer and wine package only license is issued. c) " Senior high school student" shall mean any person who has completed the ninth grade and enrolled in the tenth, eleventh, or twelfth grade in a public or private school. d) " Senior high school graduate" shall mean any person who has been issued a high school or high school equivalency diploma. e) " Written permission" shall mean that the licensee has on the licensed premises a copy of the high school diploma or evidence that the person is a senior high school student. f) "Bona fide food service establishment" shall mean any premises issued a current and valid restaurant license from the Division of Hotels and Restaurants and which derives at least 51 percent of its total gross revenues from the retail sale of food and non -alcoholic