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

and equipment; p) Publications relating to alcoholic beverage products and recipes; q) Items containing the logo, trade name, or trademark relating to alcoholic beverages; r) Gift wrapping accessories and greeting cards; and s) Ice. 2) A licensee may petition the division for permission to sell products other than those listed, provided the licensee can clearly show the item is to be used as a party- type supply. This petition shall be submitted to the director of the division at Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida 32399 -1020, and must be approved prior to selling or offering the item for sale. 3) For the purpose of package store restrictions set forth in Section 565. 04, Florida Statutes, merchandise shall not include services or sales authorized in the " Florida Public Lottery Act ",Chapter 24, Florida Statutes. Specific Authority 561. 11 FS. Law Implemented 565.04, 565.045 FS. History — New 2- 28 -94. 61A -3. 055 Items Customarily Sold in a Restaurant. 1) As used in s. 565. 045, Florida Statutes, items customarily sold in a restaurant shall only include the following: a) Ready to eat appetizer items; or b) Ready to eat salad items; or c) Ready to eat entree items; or d) Ready to eat vegetable items; or e) Ready to eat dessert items; or f)Ready to eat fruit items; or g) Hot or cold beverages. 2) A licensee may petition the division for permission to sell products other than those listed, provided the licensee can show the item is customarily sold in a restaurant. This petition shall be submitted to the director of the division at Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida 32399 -1020, and must be approved prior to selling or offering the item for sale. 3) For the purpose of consumption on premises regulations set forth in Section 565. 045, Florida Statutes, items customarily sold in a restaurant shall include services or sales authorized in the " Florida Public Lottery Act ", s. 24. 122( 4), Florida Statutes. Specific Authority 561. 11 FS. Law Implemented 565.045, 24. 122(4) FS. History — New 12- 20 -94. CHAPTER 61A -7 FLORIDA CLEAN INDOOR AIR ACT AND STAND -ALONE BAR SMOKING DESIGNATIONS 61A-7. 001 Definitions. 61 A -7. 002 Criteria for Smoking Designation. 61A- 7. 003 Premises Not Eligible for Smoking Designation. 61 A -7. 004 Annual Certification Requirements. 61A- 7. 005 Triennial Renewal Requirements. 61A- 7. 006 Records Required to Maintain the Designation. 61A-7. 007 Formula for Compliance with Required Percentage of Gross Food Sales Revenues. 61A -7. 008 For Percentage of Gross Alcohol Sales for Consumption on the Licensed Premises Revenue Formula. 61 A -7. 009 Method Used to Determine Whether an Establishment is Predominately Dedicated to the Serving of Alcoholic Beverages. 61A -7. 010 Penalty Guidelines for Chapter 386, F.S. — Florida Clean Indoor Air Act. 61A -7. 011 Aggravating or Mitigating Circumstances for Chapter 386, F.S. — the Florida Clean Indoor Air Act. 61A -7. 012 Investigation and Notification Procedures for Section 386.207, Florida Statutes. 61A -7. 013 Penalty Guidelines for Section 561. 695, F.S. — Stand -Alone Bar Enforcement. 61A -7. 014 Aggravating or Mitigating Circumstances for Section 561. 695, F.S. — Stand -Alone Bar Violations. 61 A -7. 015 Appeals. 61A -7. 001 Definitions. The basic terms utilized in this rule are defined as follows: 1) " Customary bar snack" means popcorn and any ready to eat food item, commercially prepared and packaged off the premises, served without additions or preparations, that is not a potentially hazardous food. The definition of potentially hazardous food, provided in subparagraph 1- 201. 10( B)( 61), Food Code, 1999 Recommendations of the United States Public Health Service/Food and Drug Administration, incorporated herein by reference, shall apply to Chapter 61 A -7, F.A.C. 2) " Noncommercial activities" mean social gatherings, which encompass activities in compliance with Section 849. 093 1, F.S., meetings, dining, dances and the services performed in furtherance of these activities can only be conducted by members, whether compensated or not. 3) " Nonperishable snack food items" means food items commercially packaged off the premises of the stand -alone bar and served without any additions or further preparations of any kind. Popcorn is the only exception to the requirement of being a nonperishable snack food item, and can be prepared on the premises, provided that the equipment used to pop the popcorn is not used to prepare any other food for patrons. 4) " Predominantly bounded by physical barriers" means: a) More than fifty percent covered from above, to be calculated when fully extended, by a physical barrier, that excludes rain, and b) More than fifty percent on the sides with surfaces that block air flow. Railings are not to be considered in making side surface calculations. 5) " Stand -alone bar" means those licensed premises defined in Section 386. 203( l 1), F.S. 6) " Stand -alone smoking ( ss)" means those licensed premises that operate a business that meets the definition of a stand -alone bar in Section 386. 203( l 1), F.S., if the only food provided is limited to nonperishable snack food items. 7) " Stand -alone smoking with food (ssf)" means those licensed premises that operate a business that meets the definition of a F.S., in which the serving of food is merely incidental, that is the licensed premises may stand -alone bar in Section 386. 203( l 1), derive no more than ten percent of its gross revenue from the sale of food consumed on the licensed premises. Specific Authority 3862125, 561. 695( 3), ( 9) FS. Law Implemented 386.203( 5), ( 11), ( 12), 561. 695( 3), ( 6) FS. History — New 6- 14 -05. 61A -7. 002 Criteria for Smoking Designation. Stand -alone bars with an alcoholic beverage consumption on premises license shall be issued a smoking designation of "ss" or " ssf' upon meeting the following criteria: 1) The premises meet the definition of a stand -alone bar in Section 386.203( l 1), F.S. 2) Licensee provides the division with a notice of election, using the division' s Internet site accessible at www.myflorida.com, Interactive Voice Response system at ( 850) 487 -1395, the Customer Call Center at ( 850) 487 -1395, or by delivering in person or through the mail form DBPR ABT 6039, incorporated herein by reference. Form DBPR ABT 6039, Notification of Election to Permit Tobacco Smoking in the Licensed Premises, effective July 1, 2003, may be obtained by writing the division at 1940 North Monroe Street, Tallahassee, FL 32399 -1021, or may be downloaded from the internet at http: / w/ ww.state .fl.us /dbpr /abt/forms /index.shtml. Specific Authority 3862125, 561. 695( 9) FS. Law Implemented 386203( 11), 561. 695( 1) FS. HistoryNew 6- 14 -05.  61A -7.003 Premises Not Eligible for Smoking Designation. Licensed premises shall not be designated as a stand -alone bar if the qualifications for licensure require the premises be devoted predominantly to activities other than the service of alcohol. The following licenses are not eligible for a stand -alone bar designation: S — Special Hotel SH —Special Hotel in counties with population of 50, 000 or less SR —Special Restaurant issued on or after September 1, 1969 SRX —Special Restaurant SBX —Special Bowling SAL —Special Airport SCX —Special Civic Center SCC —Special County Commission SPX — Pleasure, Excursion, Sightseeing, or Charter Boats X —Airplanes, Buses, and Steamships IX —Railroad Cars XL —Passenger Waiting Lounge operated by an airline PVP —Passenger Vessels engaged in foreign commerce FEX —Special Public Fairs /Expositions HBX —Special Horse Breeders 11 AL —American Legion Post permitted to sell to general public 11 C — Social, Tennis, Racquetball, Beach, or Cabana Club 11 CE —Licensed vendors exempt from payment of surcharge tax 11CS — Special Act Club License 11 CT —John and Mable Ringling Museum 11 GC —Golf Club 11 PA — Symphony, Live Performance Theatre, Performing Arts Center 12RT —Dog or Horse Track or Jai Alai Fronton 13CT —Catering Specific Authority 3862125, 561. 695( 9) FS. Law Implemented 386203( 11), 561. 695 FS. History — New 6- 14 -05. 61A -7. 004 Annual Certification Requirements. A qualifying stand -alone bar receiving an " ss" or " ssf' designation shall file an annual affidavit, DBPR ABT 4000A -040, incorporated herein by reference, certifying that, on or before the licensee' s annual beverage license renewal, for the preceding twelve months, 'no more than ten percent of total gross revenue was derived from retail sales of food consumed on the licensed premises. The percentage of food sales shall be computed by dividing gross revenues from the sale of food consumed on the premises by the gross revenue of the licensed premises. Failure to file an affidavit in compliance with Section 561. 695( 5), F.S., shall result in loss of designation. Specific Authority 561.695( 9) FS. Law Implemented 561. 695( 5) FS. History — New 6- 14 -05. 61A -7.005 Triennial Renewal Requirements. Every third year after the initial designation, on or before the licensee' s annual beverage license renewal, in order to renew the designation, a licensed vendor holding an " ssf' designation shall provide to the division a Procedures Report, prepared by a Florida certified public accountant, on DBPR Form ABT 4000A -400 and containing the license name, license number, physical location address, the owner of the license and the period of the report, along with the CPA company name, accountant name and signature and the accountant' s license number with date of expiration. DBPR Form ABT 4000A -400, herein incorporated by this reference, effective 2- 15 -05, may be obtained by writing the division at 1940 North Monroe Street, Tallahassee, FL 32399 -1022 or may be downloaded from the internet at http: / www. / state .fl.us /dbpr /abt/ forms /index.shtml. The report must: 1) Provide the actual percentage of food sales for consumption on premises calculated pursuant to subsection ( 3) of this rule; and 2) Provide information for the preceding 36 -month period from the renewal date; and 3) Provide the total gross sales revenue for each year, with a total for the 3 -year period, as well as the total gross sales revenue from food for consumption on premises for each year and a total for the 3 -year period, and the percentage of food sales for consumption on premises to total revenue for each year and for the 3 -year period. Specific Authority 386.2125, 561. 695( 9) FS. Law Implemented 386.203( 11), 561. 695( 6) FS. History — New 6- 14 -05.  61A -7.006 Records Required to Maintain the Designation. 1)