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

Stand -alone bars holding an " ss" or " ssf' designation shall maintain records to substantiate reports, affidavits and designation qualifications. Records of all purchases of food, all gross retail sales of alcohol for consumption on the licensed premises, all gross retail sales of alcohol for consumption off the licensed premises, all gross retail sales of food sold for consumption on the premises, all gross retail sales of food sold for consumption off the premises, and gross revenue from all other sales shall be separately documented. 2) Stand -alone bars holding an " ss" or " ssf' designation shall maintain complete and accurate records of all sales and purchases. Records shall include, but are not limited to, purchase invoices, sales tickets, inventory records, receiving records, cash register journal tapes, on premises food sales records, computer records generated from automatic dispensing devices, Department of Revenue Sales Tax Returns, and any other record documenting sales. Sales records shall be sequentially organized by month and year and include a monthly statement summarizing the total sales revenue, food revenue, and percentage of food revenue for each month. Specific Authority 3862125, 561. 695( 9) FS. Law Implemented 386203( 11), 561. 695( 6) FS. History — New 1- 16 -06. 61A -7. 007 Formula for Compliance with Required Percentage of Gross Food Sales Revenues. In order to determine compliance, the division shall use the formula of gross food sales revenue from the sale of food the licensee sells for consumption on premises, including but not limited to non -alcoholic beverages, divided by gross total sales revenue, in any consecutive two month period. The results of the formula will represent the percentage of food sales revenues as defined herein and in Section 561. 695, F.S. Specific Authority 386 2125, 561. 695( 9) FS. Law Implemented 386 203( 11), 561. 695( 6) FS. History — New 1- 16 -06. 61A -7. 008 For Percentage of Gross Alcohol Sales for Consumption on the Licensed Premises Revenue Formula. In order to determine compliance, the division shall use the formula of gross alcohol sales revenues from the sale of alcohol the licensee sells for consumption on premises divided by gross total sales revenue, in any consecutive two -month period. Specific Authority 386.2125, 561. 695( 9) FS. Law Implemented 386203( 11), 561. 695( 6) FS. History — New 1- 16 -06. 61A -7.009 Method Used to Determine Whether an Establishment is Predominately Dedicated to the Serving of Alcoholic Beverages. In order to determine whether an establishment, other than one holding a specialty license designated in Rule 61A- 7. 003, F.A.C., is predominately dedicated to the serving of alcoholic beverages for consumption on the licensed premises, the division shall compare the percentage of gross alcohol sales revenue from the sale of alcohol the licensee sells for consumption on premises with the following categories of revenue: 1) For stand -alone bars holding the " ss" designation: a) The percentage of gross alcohol sales revenue from the sale of alcohol the licensee sells for consumption off the premises where the purchaser is required to enter the premises. b) The percentage of gross alcohol sales revenue from the sale of alcohol the licensee sells for consumption off the premises where the purchaser is not required to enter the premises, and c) The percentage of gross revenue from any source not included in the alcohol categories above. If the percentage of gross alcohol sales revenue from the sale of alcohol the licensee sells for consumption on premises is greater than that of the gross sales revenue from each individual category of gross sales in paragraphs 61A- 7. 009( 1)( a) -( c), F.A.C., an establishment is deemed predominately dedicated to the serving of alcoholic beverages. 2) For stand -alone bars holding the " ssf' designation: a) The percentage of gross food sales revenue from the sale of food the licensee sells for consumption on premises, b) The percentage of gross food sales revenue from the sale of food the licensee sells for consumption off premises, c) The percentage of gross alcohol sales revenue from the sale of alcohol the licensee sells for consumption off the premises, and d) The percentage of gross revenue from any source not included in the food and alcohol categories above. If the percentage of gross alcohol sales revenue from the sale of alcohol the licensee sells for consumption on premises is greater than that of the gross sales revenue from each individual category of gross sales in paragraphs 61A- 7. 009( 2)( a) -( d), F.A.C., an establishment is deemed predominately dedicated to the serving of alcoholic beverages. Specific Authority 386.2125, 561. 695( 9) FS. Law Implemented 386.203( 11), 561. 695( 6) FS. History — New 1- 16 -06. 61A -7. 010 Penalty Guidelines for Chapter 386, F.S. — Florida Clean Indoor Air Act. 1) This rule sets forth the penalties which shall be routinely imposed upon licensees who are supervised by the Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation. Enforcement supervisors and bureau chiefs are authorized to accept settlement offers that do not deviate from the penalty guidelines. The penalties below shall be assessed for violations occurring thirty days after a notice to comply is issued. If a person refuses to comply with this part after having been assessed such penalty the department may file a complaint in the circuit court of the county in which the enclosed indoor workplace is located to require compliance. 2) The penalty guidelines set forth in the table that follows shall serve to provide field offices and licensees or permittees with penalties that the division will routinely impose for violations. FIRS I' SECOND THIRD EACH STATUTE VIOLATION OCCURRENCE OCCURRENCE OCCURRENCE SUBSEQUENT OCCURRENCE Failure to comply with Florida Clean Indoor Air Act within Chapter 386, F.S. Specific Authority 386.2125, 561. 695( 9) FS. Law Implemented 386206, 386207(3) FS. History — New 6- 14 -05. 61A -7.011 Aggravating or Mitigating Circumstances for Chapter 386, F.S. — the Florida Clean Indoor Air Act. When either the petitioner or respondent is able to demonstrate aggravating or mitigating circumstances to the division by clear and convincing evidence, the division shall be entitled to impose adjusted penalties within the guidelines. Based upon the following factors, the division may impose a disciplinary action within the statutory guidelines: 1) The number of counts in the administrative complaint; 2) The disciplinary history of the applicant or licensee; 3) The applicant or licensee has corrected the violation and implemented written corrective policies and procedures; 4) The degree of financial hardship incurred by a licensee as a result of the imposition of suspension or a fine. Specific Authority 386.2125, 561. 695( 9) FS. Law Implemented 386.206(2), 386.207(3) FS. History — New 6- 14 -05. 61A -7. 012 Investigation and Notification Procedures for Section 386. 207, F.S. The following procedures shall be followed by division personnel when investigating complaints and notifying alleged violators. 1) Upon receipt of a complaint of a violation of Chapter 386, F.S., the division shall determine if the premises is designated as a stand -alone bar. If the premises are designated as a stand -alone bar the complaint shall be closed. 2) If the premises are not designated as a stand -alone bar a notice to comply shall be issued. 3) If the initial complaint is based on an observed violation then the premises shall be rechecked for compliance. 4) A notice to show cause shall be issued for violations occurring at least thirty days after a notice to comply has been issued. Specific Authority 386 207( 1), 386 2125, 561. 695( 9) FS. Law Implemented 386.206(2), 386.207(3) FS. History — New 6- 14 -05. 61A -7.013 Penalty Guidelines for Section 561. 695, F.S. — Stand -Alone Bar Enforcement. 1) This rule sets forth the penalties which shall be imposed upon licensees who are supervised by the Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation. Enforcement supervisors and bureau chiefs are authorized to accept settlement offers that do not deviate from the penalty guidelines. The penalties provided below are for violations one through three, within a two -year period, and a fourth or subsequent violation occurring anytime within the aforementioned time period or thereafter. 2) The penalty guidelines set forth in the table that follows shall serve to provide field offices and licensees or permittees with penalties that the division will routinely impose for violations.  STATUTE VIOLATION OCCURRENCE OCCURRENCE OCCURRENCE OCCURRENCE ENT OCCURR ENCE ai ure to Warning Suspension of ays Revocation comply with designation for 14 suspension of stand -alone bar days and $ 1000 designation and designation 2000 requirements within Section 561. 695, F.S. Specific Authority 561. 695( 9) FS. Law Implemented 561. 695( 5), ( 8) FS. HistoryNew 6- 14 -05. 61A -7. 014 Aggravating or Mitigating Circumstances for Section 561. 695, F.S. — Stand -Alone Bar Violations. When either the petitioner or respondent demonstrates aggravating or mitigating circumstances by clear and convincing evidence, the division may adjust penalties within statutory guidelines. Specific Authority 561. 695(9) FS. Law Implemented 561. 695( 8) FS. History—New 6- 14 -05. 61A- 7. 015 Appeals. The procedure for appeal under Chapter 61A -7, F.A.C., shall be as provided in Section 120. 68, F.S. Specific Authority 386 207( 1), 386 2125, 561. 695( 9) FS. Law Implemented 561. 695 FS. History — New 6- 14