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

beverages served for consumption on the premises on a bi- monthly basis. g) " Sale, preparation, and service of alcoholic beverages" shall not include cashier duties, whose sole job is accounting for guest checks and income, bussing tables, or general cleaning duties. 2) Each licensed vendor who employes anyone under 18 years of age shall maintain on the licensed premises a position description that lists all of their duties.  3) A licensed vendor is not prohibited from employing anyone under 18 years of age in a business which is not licensed to sell alcoholic beverages, or in the vendor's office, provided it is a separate premises and not connected to the licensed premises by an interior doorway. 4) Chapter 450, Part I, Florida Statutes, set forth special restrictions when employing persons under the age of 18. Specific Authority 561. 11 FS. Law Implemented 562. 13 FS. History — New 10 -1 -68, Repromulgated 12- 19 -74, Amended 3 -1 - 76, Formerly 7A -3. 39, 7A- 3. 039, Amended 2- 28 -94. 61A -3.043 Special Hotel, Motel, Motor Court and Condominium -owned Motor Court Minimum Requirements. 1) All hotel, motel and motor courts holding a license, in addition to quota limitations imposed by Section 561. 20( 1), Florida Statutes, and all hotel, motel, motor courts and condominium -owned motor courts, holding or applying for a license issued under Section 561. 20( 2), Florida Statutes, or any applicable special act must meet and maintain the minimum requirements for bona fide motel, hotel, motor court and condominium -owned motor courts. 2) The following criteria will be used in determining whether an applicant for a special liquor license is a bona fide hotel, motel, motor court or condominium -owned motel or motor court: a) The business must be advertised and held out to the public to be a hotel, motel, motor court or condominium -owned motor court, and b) All State, county and municipal licenses required by law for proper operation, must reflect hotel, motel, motor court or condominium -owned motor court, and c) The premises shall establish and maintain daily, weekly and monthly rates, on all transient guest rooms, required to qualify for special hotel, motel, motor court or condominium -owned motor court license, and d) The premises shall establish and maintain registration records and procedures, and the premises shall supply such services as commonly found in a bona fide hotel, motel, motor court or condominium -owned motor court, such as; linen, maid service, telephone, etc. All utilities such as gas, electric or telephone shall be under the name of the premises and paid for by same, and e) The primary operation of such premises shall be the operation of a bona fide hotel, motel, motor court or condominium -owned motor court, and at all times maintain sufficient equipment for the operation of same, and at no time shall the premises be maintained solely for the purpose of sale and service of alcoholic beverages. 3) Transient guest means " temporary occupancy" as a transient in a rental unit for less than six ( 6) months. Indications for determining whether an occupancy is temporary under this rule are as follows: a) All parties intend that the occupancy will last no longer than six ( 6) months from the beginning of the occupancy. b) No written document or oral agreement is executed or entered into between the parties, the terms of which clearly indicate an intention to enter into a lease agreement or lease type arrangement that lasts for more than six (6) months. Specific Authority 561. 11 FS. Law Implemented 561.20 FS. History — New 3 -1 - 76, Formerly 7A -3. 43, 7A- 3. 043. 61A -3. 049 Bottle Club Licenses. 1) Definition. A bottle club is: a) A commercial establishment; b) Operated for profit, whether or not a profit is actually made; c) A premises where alcoholic beverages are not sold but where patrons are allowed to consume alcoholic beverages on the premises; and d) Located in a building or other enclosed or covered structure. 2) The definition of a bottle club does not include: a) Sporting facilities where events sanctioned by nationally recognized regulatory athletic or sports associations are held. b) Bona fide restaurants licensed by the Division of Hotels and Restaurants, whose primary business is the service of full course meals. A public food service establishment licensed by the Division of Hotels and Restaurants is not conclusive in determining whether or not a public food service establishment is a bona fide restaurant. A bona fide restaurant is a premises that holds itself out to be primarily a restaurant, advertises as a full service restaurant, offers a complete menu as opposed to snacks or fast food, and meets all of the requirements of Rule 61A- 3. 0141, Florida Administrative Code, except for the requirement that 51 percent of the gross proceeds come from food and non -alcoholic beverages. c) Hotels and motels licensed by the Division of Hotels and Restaurants. 3)( a) Owners or operators of bottle clubs must hold a bottle club license issued by the Division of Alcoholic Beverages and Tobacco. Applications for a bottle club license shall be made on DBR form 42 -049, APPLICATION FOR BOTTLE CLUB LICENSE, incorporated herein by reference and effective 2- 26 -91. b) A DBR form 42 -050, PERSONAL QUESTIONNAIRE BOTTLE CLUBS, incorporated herein by reference and effective 2- 26 -91, must be completed by all applicants and persons directly connected with the business sought to be licensed. 4) Bottle club licenses are subject to all of the pertinent laws, rules and regulations relevant to alcoholic beverages. 5) Bottle club licensees may not purchase alcoholic beverages for subsequent sale to patrons nor may they sell alcoholic beverages to patrons.  6) Bottle club licensees are subject to all general, special, and local laws regulating vendors of alcoholic beverages including laws or ordinances permitting the operation of bottle clubs after the hours of sale for alcoholic beverages have elapsed. Specific Authority 561. 11, 561. 14 FS. Law Implemented 561. 14, 562. 121 FS. HistoryNew 2- 26 -91, Formerly 7A- 3. 049. 61A -3. 050 Special Low -proof Products. Special low -proof products are defined as products which contain less than 6 percent alcohol by volume. Distilled, mixed, or fermented products which contain less than 6 percent alcohol by volume shall mean only those products sealed by the manufacturer and offered for sale to vendors through licensed distributors in the originally sealed containers. Specific Authority 561. 11 FS. Law Implemented 564. 06(5), 562.02 FS. History — New 4 -1 - 91, Formerly 7A- 3. 050, Amended 1- 20 -97. 61A -3. 052 Identification to Verify Age. 1) A licensee who has been cited in an administrative action for violations of Sections 562. 11( 1)( a) and 859. 06, Florida Statutes, shall have a defense to any administrative action if the underage person falsely evidenced that he was of legal age to purchase the alcoholic beverage, cigarettes, or tobacco products or consume the alcoholic beverage product and the appearance of the person was such that an ordinarily prudent person would believe the person is of legal age to purchase or consume those products, and if the licensee attempted to verify the person's age by checking one of the following forms of identification with respect to the person: a) A driver's license, issued by any government agency, domestic or foreign, provided it includes a photograph; b) Identification cards issued by any state, provided it includes a photograph; c) Passports; d) An identification card issued by any branch of the United States military which shows the customer is currently serving in the United States Armed Services or is a family member of a person currently serving in the United States Armed Services. 2) It is the responsibility of each licensee /permittee to provide and train their employees so that they will recognize or be able to compare an identification card presented by a customer with a facsimile of the legitimate identification card. The division shall advise any licensee who requests information about identification source materials where they can be purchased to assist in their training programs to determine if an identification card is genuine. 3) No other type of identification will be recognized as mitigation if a licensee or a licensee' s employee sells, gives, or serves alcoholic beverages, cigarettes, or tobacco products to an underage person. Specific Authority 561. 11 FS. Law Implemented 561.29, 561. 701-. 706, 562. 11 FS. History — New 2- 28 -94. 61A -3.053 Hardship for Extension to Activate Quota License. 1) The division shall grant an extension to all licensees who request that their license remain inactive if the licensee can demonstrate to the division that: a) The value of the license is less than the licensee' s original cost of the license; b) The licensee has listed the license with a broker in a formal writen agreement; c) The licensee is advertising the license at least monthly in a newspaper of general circulation in the classified section; d) If a corporate license has more than one shareholder, then documentation proving that corporate approval is pending for activation of the license at a new location; e) Documentation that activation of the license is pending a land use approval of a new site ( special exceptions, zoning, variances, environmental approvals, and comprehensive plan amendments); or f) Documentation showing the ongoing negotiation of a lease or purchase of a building or land. 2) A licensee who owns a quota license may petition the division for an extension to activate the license by setting forth in writing evidence of any one or more of the hardships or attempts to activate as specified above. Each petition must include an estimated date to activate the license and additional extension must be requested by petition at least 30 days prior to the activation date. 3) The division shall state in all extension letters the 12 -month period the licensee must operate the license for the required time set forth in Sections 561. 29( 1)( h) and ( 1)( i), Florida Statutes. 4) " Active" shall mean that the licensee is in compliance with 561. 29, Florida Statutes, and is making weekly purchases of alcoholic beverages from distributors, the license is located at a business premises, and sales of alcoholic beverages are made each week. Specific Authority 561. 11 FS. Law Implemented 561. 29 FS. History — New 2- 28 -94. 61A -3. 054 Party -Type Supplies. 1) Party -type supplies shall only include the following: a) All dairy products; b) Ready to eat deli meats and cheeses, including those packaged by a manufacturer; c) Condiments;  d) Sauces; e) Spices; f) Eggs; g) Chips, popcorn, and nuts; h) Crackers; i) Ingredients for salads, dips, and dressings; 0) Cooked foods ready to eat; k) Bread; 1) Candy; and m) Fruit; n) Napkins, paper and plastic plates and cups, and eating and serving utensils; o) Wine and liquor opening, storage, and serving utensils