The 2023 Florida Statutes (including Special Session C)

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 561
BEVERAGE LAW: ADMINISTRATION

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F.S. 561.17

561.17 License and registration applications; approved person.—

(1) Any person, before engaging in the business of manufacturing, bottling, distributing, selling, or in any way dealing in alcoholic beverages, shall file, with the district licensing personnel of the district of the division in which the place of business for which a license is sought is located, a sworn application in the format prescribed by the division. The applicant must be a legal or business entity, person, or persons and must include all persons, officers, shareholders, and directors of such legal or business entity that have a direct or indirect interest in the business seeking to be licensed under this part. However, the applicant does not include any person that derives revenue from the license solely through a contractual relationship with the licensee, the substance of which contractual relationship is not related to the control of the sale of alcoholic beverages. Before any application is approved, the division may require the applicant to file a set of fingerprints electronically through an approved electronic fingerprinting vendor or on forms prescribed by the Florida Department of Law Enforcement for herself or himself and for any person or persons interested directly or indirectly with the applicant in the business for which the license is being sought, when required by the division. If the applicant or any person who is interested with the applicant either directly or indirectly in the business or who has a security interest in the license being sought or has a right to a percentage payment from the proceeds of the business, either by lease or otherwise, is not qualified, the division shall deny the application. However, any company regularly traded on a national securities exchange and not over the counter; any insurer, as defined in the Florida Insurance Code; or any bank or savings and loan association chartered by this state, another state, or the United States which has an interest, directly or indirectly, in an alcoholic beverage license is not required to obtain the division’s approval of its officers, directors, or stockholders or any change of such positions or interests. A shopping center with five or more stores, one or more of which has an alcoholic beverage license and is required under a lease common to all shopping center tenants to pay no more than 10 percent of the gross proceeds of the business holding the license to the shopping center, is not considered as having an interest, directly or indirectly, in the license. A performing arts center, as defined in s. 561.01, which has an interest, directly or indirectly, in an alcoholic beverage license is not required to obtain division approval of its volunteer officers or directors or of any change in such positions or interests.

(2) All applications for any alcoholic beverage license must be accompanied by proof of the applicant’s right of occupancy for the entire premises sought to be licensed. All applications for alcoholic beverage licenses for consumption on the premises shall be accompanied by a certificate of the Division of Hotels and Restaurants of the Department of Business and Professional Regulation, the Department of Agriculture and Consumer Services, the Department of Health, the Agency for Health Care Administration, or the county health department that the place of business wherein the business is to be conducted meets all of the sanitary requirements of the state.

(3) A transfer of 10 percent of any financial interest, a change of executive officers or directors, or a divestiture or resignation of such interest or position, in a business holding a vendor’s license permitting the sale of any alcoholic beverages regardless of alcoholic content shall be contingent upon the express approval by the division of the persons holding or acquiring such interest or position except for persons exempted in subsection (1).

(4) Any person, before engaging in the business of exporting alcoholic beverages, must file with the district supervisor of the district of the division in which the exporter’s business is located, a registration on forms provided to the district supervisor by the division. An exporter may not register unless she or he has complied with all appropriate federal regulations, including federal permitting regulations.

(5) Any person or entity licensed or permitted by the division must provide an electronic mail address to the division to function as the primary contact for all communication by the division to the licensee or permittee. Licensees and permittees are responsible for maintaining accurate contact information on file with the division.

History.—s. 2, ch. 16774, 1935; CGL 1936 Supp. 4151(228); s. 5, ch. 22663, 1945; s. 4, ch. 25359, 1949; s. 3, ch. 29786, 1955; s. 14, ch. 57-420; s. 1, ch. 59-316; ss. 16, 19, 35, ch. 69-106; s. 1, ch. 72-230; s. 459, ch. 77-147; s. 2, ch. 77-192; s. 2, ch. 81-166; s. 3, ch. 90-17; s. 7, ch. 91-60; s. 215, ch. 94-218; s. 4, ch. 95-346; s. 841, ch. 97-103; s. 251, ch. 99-8; s. 4, ch. 2000-191; s. 41, ch. 2010-106; s. 2, ch. 2011-150; s. 2, ch. 2017-137; s. 14, ch. 2021-135.

F.S. 561.17 on Google Scholar

F.S. 561.17 on Casetext

Amendments to 561.17

Arrestable Offenses / Crimes under Fla. Stat. 561.17

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 561.17.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In WADSWORTH, s, 383 B.R. 330 (Bankr. N.D. Ohio 2007)

. . . for payroll taxes and social security, $1,694.33 for child support, $641.33 for a 401(k) plan, and $561.17 . . .

KATZ v. WOLTIN, 765 So. 2d 279 (Fla. Dist. Ct. App. 2000)

. . . See §§ 561.15, 561.17, Fla. Stat. (1997); Robbie’s Yum Yum Tree West, Inc. v. . . .

In FOTO, v., 258 B.R. 567 (Bankr. S.D.N.Y. 2000)

. . . Compilation Report $1,182.06; page 1 lower middle $1,182.06; page 2 near the top — $76.00; page 7 center $561.17 . . .

SILVER SHOW INC. v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION OF STATE OF FLORIDA, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 763 So. 2d 348 (Fla. Dist. Ct. App. 1998)

. . . Compare §§ 120.60(l)-(3) and 561.17, with §§ 120.60(5)-(6) and 561.29, Fla. Stat. (1997). . . .

PARKER, v DEPARTMENT OF BUSINESS REGULATION,, 34 Fla. Supp. 2d 228 (Fla. Div. Admin. Hearings 1989)

. . . the purchaser is approved by the division in accordance with the same procedure provided for in §§ 561.17 . . .

OLHAUSEN d a v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES TOBACCO,, 472 So. 2d 514 (Fla. Dist. Ct. App. 1985)

. . . The court appointed receivers did not file an application for a beverage license pursuant to Section 561.17 . . . Section 561.17, Florida Statutes, requires that any person, before engaging in the alcoholic beverage . . . The co-receivers did not follow the provisions of section 561.17, Florida Statutes, or the provisions . . .

UNITED STATES v. HAIMOWITZ, L., 725 F.2d 1561 (11th Cir. 1984)

. . . the United States; or to a corporation, any of the officers of which shall have been so convicted. 561.17 . . .

ADULT WORLD, INC. d b a v. STATE DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 408 So. 2d 605 (Fla. Dist. Ct. App. 1981)

. . . the purchaser shall be approved by the division in accord with the same procedure provided for in ss. 561.17 . . .

REDWING ENTERPRISES, INC. d b a v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, DEPARTMENT OF BUSINESS REGULATION,, 386 So. 2d 1255 (Fla. Dist. Ct. App. 1980)

. . . ground that a disqualified person was indirectly interested in its operations in violation of Section 561.17 . . .

TONY S FISH MARKET OF FT. LAUDERDALE, INC. t a s v. STATE BOARD OF BUSINESS REGULATION, DEPARTMENT OF BUSINESS REGULATION,, 358 So. 2d 125 (Fla. Dist. Ct. App. 1978)

. . . Section 561.17, Florida Statutes (1977), is not unconstitutionally vague. . . .

M. WRIGHT, Jr. D. v. J. CADE,, 349 So. 2d 833 (Fla. Dist. Ct. App. 1977)

. . . the purchaser shall be approved by the division in accord with the same procedure provided for in ss. 561.17 . . .

ROBBIE S YUM YUM TREE WEST, INC. v. DIVISION OF BEVERAGE, DEPARTMENT OF BUSINESS REGULATION,, 330 So. 2d 743 (Fla. Dist. Ct. App. 1976)

. . . Llewellyn, to have a financial interest in the licensed premises in violation of Sections 561.15 and 561.17 . . .

HUBER DISTRIBUTING COMPANY, INC. a Co. a v. NATIONAL DISTRIBUTING COMPANY, INC. a, 307 So. 2d 176 (Fla. 1974)

. . . Section 561.15, F.S. prescribes the qualifications of persons who may apply pursuant to Section 561.17 . . .

WESTERMAN, a v. SHELL S CITY, INC. a, 265 So. 2d 43 (Fla. 1972)

. . . . § 561.17, F.S.A., regarding applications for Florida beverage licenses and therefore that the contract . . .

THOM R. J. v. NEW YORK STOCK EXCHANGE, J. MILLER, v. NEW YORK STOCK EXCHANGE,, 306 F. Supp. 1002 (S.D.N.Y. 1969)

. . . . polygraph operators); id. ch. 550.181(2) (holders of racing permits and their employees); id. ch. 561.17 . . .

R. GROSS, v. SOUTHERN RAILWAY COMPANY, CANIPELLI, v. SOUTHERN RAILWAY COMPANY,, 414 F.2d 292 (5th Cir. 1969)

. . . See also, 6 Moore’s Federal Practice, § 561.17(42) p. 2232. The rule was stated in St. John v. . . .

WILKENFELD, v. D. MEIKLEJOHN,, 216 So. 2d 237 (Fla. Dist. Ct. App. 1968)

. . . Section 561.17(1), Florida Statutes, F.S.A., provides that: “* * * If the applicant or any person interested . . .

INDUSTRIAL AGGREGATE COMPANY, a v. UNITED STATES, 284 F.2d 639 (8th Cir. 1960)

. . . December 31, 1951, (c) for treble damages, amounting to $490,050.00, for waste under Minnesota Statutes, § 561.17 . . .

SEGAL E. O v. H. SIMPSON, L., 121 So. 2d 790 (Fla. 1960)

. . . following title: “An Act relating to the administration of the alcoholic beverage law; amending Sections 561.17 . . .

ROUCHER v. TRADERS GENERAL INSURANCE COMPANY,, 235 F.2d 423 (5th Cir. 1956)

. . . of negligence are ordinarily not susceptible of summary adjudication. 6 Moore’s Federal Practice, § 561.17 . . .

J. R. HUNTER, Jr. v. E. SOLOMON,, 75 So. 2d 803 (Fla. 1954)

. . . approved by the director of the beverage department in accord with the same procedure provided for in §§ 561.17 . . . Sections 561.17, 561.18 and 561.19, F.S.A. . . .

STATE OF FLORIDA, DAVID J. HOFFMAN, v. JAMES T. VOCELLE,, 159 Fla. 88 (Fla. 1947)

. . . Section 5 of Chapter 22663, Acts of 1945, Laws of Florida, amending Section 561.17, Fla. . . .