561.20 Limitation upon number of licenses issued.—
(1) No license under s. 565.02(1)(a)-(f), inclusive, shall be issued so that the number of such licenses within the limits of the territory of any county exceeds one such license to each 7,500 residents within such county. Regardless of the number of quota licenses issued prior to October 1, 2000, on and after that date, a new license under s. 565.02(1)(a)-(f), inclusive, shall be issued for each population increase of 7,500 residents above the number of residents who resided in the county according to the April 1, 1999, Florida Estimate of Population as published by the Bureau of Economic and Business Research at the University of Florida, and thereafter, based on the last regular population estimate prepared pursuant to s. 186.901, for such county. Such population estimates shall be the basis for annual license issuance regardless of any local acts to the contrary. However, such limitation shall not prohibit the issuance of at least three licenses in any county that may approve the sale of intoxicating liquors in such county.
(2)(a) The limitation of the number of licenses as provided in this section does not prohibit the issuance of a special license to:
1. Any bona fide hotel, motel, or motor court of not fewer than 80 guest rooms in any county having a population of less than 50,000 residents, and of not fewer than 100 guest rooms in any county having a population of 50,000 residents or greater; or any bona fide hotel or motel located in a historic structure, as defined in s. 561.01(20), with fewer than 100 guest rooms which derives at least 51 percent of its gross revenue from the rental of hotel or motel rooms, which is licensed as a public lodging establishment by the Division of Hotels and Restaurants; provided, however, that a bona fide hotel or motel with no fewer than 10 and no more than 25 guest rooms which is a historic structure, as defined in s. 561.01(20), in a municipality that on the effective date of this act has a population, according to the University of Florida’s Bureau of Economic and Business Research Estimates of Population for 1998, of no fewer than 25,000 and no more than 35,000 residents and that is within a constitutionally chartered county may be issued a special license. This special license shall allow the sale and consumption of alcoholic beverages only on the licensed premises of the hotel or motel. In addition, the hotel or motel must derive at least 60 percent of its gross revenue from the rental of hotel or motel rooms and the sale of food and nonalcoholic beverages; provided that this subparagraph shall supersede local laws requiring a greater number of hotel rooms;
2. Any condominium accommodation of which no fewer than 100 condominium units are wholly rentable to transients and which is licensed under chapter 509, except that the license shall be issued only to the person or corporation that operates the hotel or motel operation and not to the association of condominium owners;
3. Any condominium accommodation of which no fewer than 50 condominium units are wholly rentable to transients, which is licensed under chapter 509, and which is located in any county having home rule under s. 10 or s. 11, Art. VIII of the State Constitution of 1885, as amended, and incorporated by reference in s. 6(e), Art. VIII of the State Constitution, except that the license shall be issued only to the person or corporation that operates the hotel or motel operation and not to the association of condominium owners;
4. A bona fide food service establishment that has a minimum of 2,000 square feet of service area, is equipped to serve meals to 120 persons at one time, has at least 120 physical seats available for patrons to use during operating hours, holds itself out as a restaurant, and derives at least 51 percent of its gross food and beverage revenue from the sale of food and nonalcoholic beverages during the first 120-day operating period and the first 12-month operating period thereafter. Subsequent audit timeframes must be based upon the audit percentage established by the most recent audit and conducted on a staggered scale as follows: level 1, 51 percent to 60 percent, every year; level 2, 61 percent to 75 percent, every 2 years; level 3, 76 percent to 90 percent, every 3 years; and level 4, 91 percent to 100 percent, every 4 years. A licensee under this subparagraph may sell or deliver alcoholic beverages in a sealed container for off-premises consumption if the sale or delivery is accompanied by the sale of food within the same order. Such authorized sale or delivery includes wine-based and liquor-based beverages prepared by the licensee or its employee and packaged in a container sealed by the licensee or its employee. This subparagraph may not be construed to authorize public food service establishments licensed under this subparagraph to sell a bottle of distilled spirits sealed by a manufacturer. Any sale or delivery of malt beverages must comply with the container size, labeling, and filling requirements imposed under s. 563.06. Any delivery of an alcoholic beverage under this subparagraph must comply with s. 561.57. An alcoholic beverage drink prepared by the vendor and sold or delivered for consumption off the premises must be placed in a container securely sealed by the licensee or its employees with an unbroken seal that prevents the beverage from being immediately consumed before removal from the premises. Such alcoholic beverage also must be placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with, and a dated receipt for the alcoholic beverage and food must be provided by the licensee and attached to the bag or container. If transported in a motor vehicle, an alcoholic beverage that is not in a container sealed by the manufacturer must be placed in a locked compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle. It is a violation of the prohibition in s. 562.11 to allow any person under the age of 21 to deliver alcoholic beverages on behalf of a vendor. The vendor or the agent or employee of the vendor must verify the age of the person making the delivery of the alcoholic beverage before allowing any person to take possession of an alcoholic beverage for the purpose of making a delivery on behalf of a vendor under this section. A food service establishment granted a special license on or after January 1, 1958, pursuant to general or special law may not operate as a package store and may not sell intoxicating beverages under such license after the hours of serving or consumption of food have elapsed. Failure by a licensee to meet the required percentage of food and nonalcoholic beverage gross revenues during the covered operating period shall result in revocation of the license or denial of the pending license application. A licensee whose license is revoked or an applicant whose pending application is denied, or any person required to qualify on the special license application, is ineligible to have any interest in a subsequent application for such a license for a period of 120 days after the date of the final denial or revocation;
5. Any caterer, deriving at least 51 percent of its gross food and beverage revenue from the sale of food and nonalcoholic beverages at each catered event, licensed by the Division of Hotels and Restaurants under chapter 509. This subparagraph does not apply to a culinary education program, as defined in s. 381.0072(2), which is licensed as a public food service establishment by the Division of Hotels and Restaurants and provides catering services. Notwithstanding any law to the contrary, a licensee under this subparagraph shall sell or serve alcoholic beverages only for consumption on the premises of a catered event at which the licensee is also providing prepared food, and shall prominently display its license at any catered event at which the caterer is selling or serving alcoholic beverages. A licensee under this subparagraph shall purchase all alcoholic beverages it sells or serves at a catered event from a vendor licensed under s. 563.02(1), s. 564.02(1), or licensed under s. 565.02(1) subject to the limitation imposed in subsection (1), as appropriate. A licensee under this subparagraph may not store any alcoholic beverages to be sold or served at a catered event. Any alcoholic beverages purchased by a licensee under this subparagraph for a catered event that are not used at that event must remain with the customer; provided that if the vendor accepts unopened alcoholic beverages, the licensee may return such alcoholic beverages to the vendor for a credit or reimbursement. Regardless of the county or counties in which the licensee operates, a licensee under this subparagraph shall pay the annual state license tax set forth in s. 565.02(1)(b). A licensee under this subparagraph must maintain for a period of 3 years all records and receipts for each catered event, including all contracts, customers’ names, event locations, event dates, food purchases and sales, alcoholic beverage purchases and sales, nonalcoholic beverage purchases and sales, and any other records required by the department by rule to demonstrate compliance with the requirements of this subparagraph. Notwithstanding any law to the contrary, any vendor licensed under s. 565.02(1) subject to the limitation imposed in subsection (1), may, without any additional licensure under this subparagraph, serve or sell alcoholic beverages for consumption on the premises of a catered event at which prepared food is provided by a caterer licensed under chapter 509. If a licensee under this subparagraph also possesses any other license under the Beverage Law, the license issued under this subparagraph may not authorize the holder to conduct activities on the premises to which the other license or licenses apply that would otherwise be prohibited by the terms of that license or the Beverage Law. This section does not permit the licensee to conduct activities that are otherwise prohibited by the Beverage Law or local law. The Division of Alcoholic Beverages and Tobacco is hereby authorized to adopt rules to administer the license created in this subparagraph, to include rules governing licensure, recordkeeping, and enforcement. The first $300,000 in fees collected by the division each fiscal year pursuant to this subparagraph shall be deposited in the Department of Children and Families’ Operations and Maintenance Trust Fund to be used only for alcohol and drug abuse education, treatment, and prevention programs. The remainder of the fees collected shall be deposited into the Hotel and Restaurant Trust Fund created pursuant to s. 509.072; or
6. A culinary education program as defined in s. 381.0072(2) which is licensed as a public food service establishment by the Division of Hotels and Restaurants.
a. This special license shall allow the sale and consumption of alcoholic beverages on the licensed premises of the culinary education program. The culinary education program shall specify designated areas in the facility where the alcoholic beverages may be consumed at the time of application. Alcoholic beverages sold for consumption on the premises may be consumed only in areas designated under s. 561.01(11) and may not be removed from the designated area. Such license shall be applicable only in and for designated areas used by the culinary education program.
b. If the culinary education program provides catering services, this special license shall also allow the sale and consumption of alcoholic beverages on the premises of a catered event at which the licensee is also providing prepared food. A culinary education program that provides catering services is not required to derive at least 51 percent of its gross revenue from the sale of food and nonalcoholic beverages. Notwithstanding any law to the contrary, a licensee that provides catering services under this sub-subparagraph shall prominently display its beverage license at any catered event at which the caterer is selling or serving alcoholic beverages. Regardless of the county or counties in which the licensee operates, a licensee under this sub-subparagraph shall pay the annual state license tax set forth in s. 565.02(1)(b). A licensee under this sub-subparagraph must maintain for a period of 3 years all records required by the department by rule to demonstrate compliance with the requirements of this sub-subparagraph.
c. If a licensee under this subparagraph also possesses any other license under the Beverage Law, the license issued under this subparagraph does not authorize the holder to conduct activities on the premises to which the other license or licenses apply that would otherwise be prohibited by the terms of that license or the Beverage Law. This subparagraph does not permit the licensee to conduct activities that are otherwise prohibited by the Beverage Law or local law. Any culinary education program that holds a license to sell alcoholic beverages shall comply with the age requirements set forth in ss. 562.11(4), 562.111(2), and 562.13.
d. The Division of Alcoholic Beverages and Tobacco may adopt rules to administer the license created in this subparagraph, to include rules governing licensure, recordkeeping, and enforcement.
e. A license issued pursuant to this subparagraph does not permit the licensee to sell alcoholic beverages by the package for off-premises consumption.
However, any license heretofore issued to any such hotel, motel, motor court, or restaurant or hereafter issued to any such hotel, motel, or motor court, including a condominium accommodation, under the general law may not be moved to a new location, such license being valid only on the premises of such hotel, motel, motor court, or restaurant. Licenses issued to hotels, motels, motor courts, or restaurants under the general law and held by such hotels, motels, motor courts, or restaurants on May 24, 1947, shall be counted in the quota limitation contained in subsection (1). Any license issued for any hotel, motel, or motor court under this law shall be issued only to the owner of the hotel, motel, or motor court or, in the event the hotel, motel, or motor court is leased, to the lessee of the hotel, motel, or motor court; and the license shall remain in the name of the owner or lessee so long as the license is in existence. Any special license now in existence heretofore issued under this law cannot be renewed except in the name of the owner of the hotel, motel, motor court, or restaurant or, in the event the hotel, motel, motor court, or restaurant is leased, in the name of the lessee of the hotel, motel, motor court, or restaurant in which the license is located and must remain in the name of the owner or lessee so long as the license is in existence. Any license issued under this section shall be marked “Special,” and nothing herein provided shall limit, restrict, or prevent the issuance of a special license for any restaurant or motel which shall hereafter meet the requirements of the law existing immediately before the effective date of this act, if construction of such restaurant has commenced before the effective date of this act and is completed within 30 days thereafter, or if an application is on file for such special license at the time this act takes effect; and any such licenses issued under this proviso may be annually renewed as now provided by law. Nothing herein prevents an application for transfer of a license to a bona fide purchaser of any hotel, motel, motor court, or restaurant by the purchaser of such facility or the transfer of such license pursuant to law.
(b) Any county in which special licenses were issued under the provisions of s. 561.20(2)(b) in effect prior to the effective date of this act shall continue to qualify for such licenses pursuant to those provisions in effect prior to the effective date of this act, and shall not be affected by the provisions of paragraph (a), except that in such counties, any restaurant located in a specialty center built on governmentally owned land shall be subject to the provisions of paragraph (a).
1. A specialty center means any development having at least 50,000 square feet of leasable area, containing restaurants, entertainment facilities, and specialty shops, and located adjacent to a navigable water body. Alcoholic beverages sold for consumption on the premises by a vendor in a specialty center may be consumed within the specialty center but may not be removed from such premises.
2. A specialty center also means any enclosed development that has at least 170,000 square feet of leasable area that is under the dominion and physical control of the owner or manager of the enclosed development, containing restaurants, entertainment facilities, specialty shops, and a movie theater with at least 18 operating screens. Alcoholic beverages sold for consumption on the premises by a vendor in a specialty center may be consumed only in areas designated pursuant to s. 561.01(11) and may not be removed from the designated area.
(c) In addition to any special licenses that may be issued under the provisions of paragraph (a), the division is authorized to issue special licenses to qualified applicants who own or lease bowling establishments having 12 or more lanes and all necessary equipment to operate them. Any license issued for any bowling establishment under the provisions of this paragraph shall be issued only to the owner of the bowling establishment or, in the event the bowling establishment is leased, to the lessee of the bowling establishment; and the license shall remain in the name of the owner or lessee so long as the license is in existence. Any such license issued under this paragraph shall not be moved to a new location. No license issued pursuant to this paragraph shall permit the licensee to sell alcoholic beverages by the package for off-the-premises consumption. The provisions of this paragraph do not preclude any bowling establishment from holding a beverage license issued pursuant to any other provision of this section.
(d) Any board of county commissioners may be issued a special license which shall be issued in the name of the county and be applicable only in and for facilities which are owned and operated by the county and in which the sale and consumption of alcoholic beverages are not otherwise prohibited. The license may be transferred from one qualified county facility to another upon written notification to the department.
(e) The owner of a hotel, motel, or motor court may lease his or her restaurant operation to another corporation, individual, or business association that, upon meeting the requirements for a restaurant license set forth in this chapter, may operate independently of the hotel, motel, or motor court and be permitted to provide room service for alcoholic and intoxicating beverages within such hotel, motel, or motor court in which the restaurant is located.
(f) In addition to the exceptions set forth in this subsection, no such limitation of the number of licenses as herein provided shall prohibit the issuance of special airport licenses as defined in s. 561.01(12) to restaurants that are a part of, or serve, publicly owned or leased airports. The special airport license provided for herein shall allow for consumption within designated areas of the airport terminal as defined in s. 561.01(13). Any holder of such special license located at a publicly owned and operated airport may sell and serve alcoholic beverages for consumption on the premises to the general public under such license in not more than four places or locations in control of the holder of such license. Any license so issued may not be transferred to a new location, except that a vendor operating a place of business under a special license may transfer such license when the publicly owned or leased airport at which the vendor operates a place of business under a special license moves its terminal facilities on the same airport premises, or when the airport is required by law to move its entire operation to a new location. Any license so issued shall entitle the vendor operating a place of business under such license to sell to airlines vinous beverages and distilled spirits in sealed miniature containers and other alcoholic beverages for consumption on the aircraft using the facility, but only for consumption by the passengers of the aircraft when such aircraft is airborne.
(g) In addition to any special licenses issued under the Beverage Law, the division may issue a special license for consumption on the premises only to any public fair or exposition which is organized in accordance with chapter 616. No licensee under this special license shall enter into any exclusive contract for its use. The special license may not be used in connection with any youth agricultural activity or during any regularly scheduled public fair or exposition, and such license may be used only in connection with special events held on the premises of the fairgrounds, which premises are considered to be licensed premises under the dominion and control of the public fair or exposition authority at all times. This special license is not transferable.
(h) In addition to any special licenses issued under the Beverage Law, the division may issue a special license for consumption on the premises only to any civic center authority or sports arena authority which is authorized by state law or by a local government ordinance or which civic center or sports arena is otherwise owned by a political subdivision of this state. The license may be transferred to a qualified applicant authorized by contract with the authority to provide food service for the facility. The license shall at all times remain the exclusive property of the authority, and upon termination by any manner of the contract between the authority and the applicant concerning the furnishing of food service, the license shall revert to the authority by operation of law.
(i) The division shall not charge a fee in excess of $250 for the license authorized by paragraph (g) or paragraph (h).
(j) In addition to any special licenses issued under the Beverage Law, the division may issue a special license for consumption on the premises only to a performing arts center, provided that any consumption of alcoholic beverages under this license, except as part of food and beverage service for banquets or receptions, may occur only in conjunction with an artistic, educational, cultural, promotional, civic, or charitable event occurring on the premises under the authorization of or offered directly by the performing arts center. The license may be transferred to a qualified applicant authorized by contract with the performing arts center to provide food and beverage service for the center. The license shall at all times remain the exclusive property of the performing arts center, and upon termination by any manner of the contract between the performing arts center and the applicant concerning the furnishing of food and beverage service, the license shall revert to the performing arts center by operation of law. The division shall not charge a fee in excess of $400 for the license authorized by this paragraph.
(3) The limitation upon the number of such licenses to be issued as herein provided does not apply to existing licenses or to the renewal or transfer of such licenses; but upon the revocation of any existing license, no renewal thereof or new license therefor shall be issued contrary to the limitation herein prescribed.
(4) The limitations herein prescribed shall not affect or repeal any existing or future local or special act relating to the limitation by population and exceptions or exemptions from such limitation by population of such licenses within any incorporated city or town or county that may be in conflict herewith. Any license issued under a local or special act relating to the limitation by population shall be subject to all requirements and restrictions contained in the Beverage Law that are applicable to licenses issued under subsection (1).
(5) Provisions of subsections (2) and (4) as amended by chapter 57-773, Laws of Florida, shall take effect January 1, 1958, and shall apply only to those places of business licensed to operate after January 1, 1958, and shall in no manner repeal or nullify any license issued under provisions of law which are now operating or will operate prior to the effective date January 1, 1958; and all such places of business shall be exempt from the provisions of this law so long as they are in continuous operation.
(6) When additional licenses become available by reason of an increase in population or by reason of a county permitting the sale of intoxicating beverages when such sale has been prohibited, the division may issue the number of new licenses that become available by reason of the last regular population estimate; however, in no event shall any person, firm, or corporation licensed as a vendor under subsection (1) have an interest, directly or indirectly, in more than 30 percent of the number of licenses authorized for issuance in such county. Notwithstanding the foregoing limitation, any licensed vendor having an interest, directly or indirectly, in more than 30 percent of the licenses authorized for issuance in any one county on July 1, 1981, may continue to qualify for such licenses.
(7)(a) There shall be no limitation as to the number of licenses issued pursuant to s. 565.02(4). However, any licenses issued under this section shall be limited to:
1. Subordinate lodges or clubs of national fraternal or benevolent associations;
2. Golf clubs, tennis clubs, and beach or cabana clubs which are municipally or privately owned or leased;
3. Nonprofit corporations or clubs devoted to promoting community, municipal, or county development or any phase of community, municipal, or county development;
4. Clubs fostering and promoting the general welfare and prosperity of members of showmen and amusement enterprises;
5. Clubs assisting, promoting, and developing subordinate lodges or clubs of national fraternal or benevolent associations; and
6. Clubs promoting, developing, and maintaining cultural relations of people of the same nationality.
(b) Any corporation, partnership, or individual operating a club owning or leasing and maintaining any bona fide regular, standard golf course consisting of at least nine holes, with clubhouse, locker rooms, and attendant golf facilities and comprising in all at least 35 acres of land owned or leased by such club may be issued a license under s. 565.02(4); but failure of such club to maintain the golf course and golf facilities shall be grounds for revocation of the license.
(c) Any corporation, partnership, or individual operating a club owning or leasing and maintaining any bona fide tennis club or four-wall indoor racquetball club consisting of not fewer than 10 regulation-size tennis courts or 10 regulation-size four-wall indoor racquetball courts, or a combination of such courts totaling in the aggregate not fewer than 10 courts, or a combination of 8 such courts and exercise facilities which in square footage total not fewer than the aggregate square foot equivalent of 10 regulation-size courts with clubhouse facilities, pro shop, locker rooms, and attendant tennis or racquetball facilities, all located on a contiguous tract of land owned or leased by such club, may be issued a license under s. 565.02(4); but failure of such club to maintain such courts and facilities shall be grounds for revocation of any such license so issued. Any racquetball or tennis club which has been constructed and completed on or before July 1, 1980, and which contains the requisite number of courts of proper size and attendant facilities may be granted a license without the necessity of securing additional approval from the incorporated municipality or county in which the racquetball or tennis club facility is located. It is intended that this subsection be an exception to s. 562.45(2) preempting the zoning power of local government to the state only in instances involving tennis and racquetball clubs constructed and completed on or before July 1, 1980. Nothing in this paragraph, however, shall be construed to limit the power of incorporated municipalities or counties to enact ordinances regulating hours of business and prescribing sanitary regulations for such racquetball or tennis club facilities.
(d) Any corporation, partnership, or individual operating a club which owns or leases and which maintains any bona fide beach or cabana club consisting of beach facilities, swimming pool, locker rooms or bathroom facilities for at least 100 persons, and a public food service establishment as defined in s. 509.013(5)(a), comprising in all an area of at least 5,000 square feet located on a contiguous tract of land of in excess of 1 acre may be issued a license under s. 565.02(4). The failure of such club to maintain the facilities shall be a ground for revocation of the license.
(8) In addition to any licenses that may be issued to restaurants under the provisions of this section, the division is authorized to issue special licenses to qualified applicants whose applications have been approved by the Inter-American Center Authority for use within the confines of the Inter-American Cultural and Trade Center; however, any such license issued pursuant to this subsection shall not permit the licensee to sell alcoholic beverages by the package for off-premises consumption.
(9) In addition to any licenses that may be issued under the provisions of this chapter, the division is authorized to issue special licenses to any county which has a population of at least 1 million persons according to the latest federal census and which owns and operates airport facilities pursuant to chapters 125 and 332, for transfer to qualified applicants who have secured approval from the board of county commissioners of such county for use within the confines of such airport facilities. Such licenses shall not be valid in any location beyond the confines of the terminal facilities of the airport. In the event of expiration or revocation of such licenses, such licenses shall revert to the board of county commissioners automatically, by operation of law. However, no special license issued pursuant to this subsection shall permit the county or its transferee to sell alcoholic beverages by the package for off-premises consumption.
(10) In addition to any licenses that may be issued under the provisions of this chapter, the division is authorized to issue a special license to any marketing association of horse breeders organized under the laws of the state. Such license shall be applicable only in and for facilities used by the association for public auction of its products. No license issued pursuant to this subsection shall permit the licensee to sell alcoholic beverages by the package for off-premises consumption. The provisions of this subsection do not preclude any cooperative marketing association of horse breeders from holding a license issued pursuant to any other provision of this chapter.
(11) In addition to any licenses that may be issued under the provisions of this chapter, the division is authorized to issue a special license to historic American Legion Posts in Florida which were chartered prior to September 16, 1919, the date on which the United States Congress issued the National Charter for the American Legion. Any holder of a license issued pursuant to this subsection shall, at its option, be permitted to sell alcoholic beverages to resident guests as well as members and nonresident guests for consumption on the premises only. Revenue from the sale of such alcoholic beverages must be used to operate, maintain, or improve said American Legion Post facilities, grounds, or activities and to maintain an emergency fund not to exceed the costs of operation of the American Legion Post for the prior calendar year. Any remaining revenue from the sale of alcoholic beverages shall be donated to local nonprofit charitable organizations on an annual basis. Posts exercising their option under this subsection shall pay an annual license fee of $500. This section shall not apply to any county which has held an election under s. 567.01 and whose electors have voted to prohibit the sale of alcoholic beverages for consumption on the licensed premises.
(12)(a) In addition to any other licenses issued under the provisions of this chapter, the division is authorized to issue a special license to a person or to an organization for the purpose of authorizing:
1. A sale pursuant to a levy and execution;
2. A sale by an insurance company in possession of alcoholic beverages;
3. A bankruptcy sale;
4. A sale resulting from a license suspension or revocation;
5. A sale of damaged goods by a common carrier;
6. A sale by a bona fide wine collector; or
7. A sale of packaged alcoholic beverages pursuant to part V of chapter 679.
(b) A special license shall be issued under this subsection upon filing an application at the district office and paying a $25 fee. Such fee shall be deposited in the Alcoholic Beverages and Tobacco Trust Fund.
(c) A special license is valid for 3 days after the time of its effective date and time as set by the division. A license issued pursuant to this subsection does not permit the licensee to sell alcoholic beverages for consumption on the premises.
(d) A distributor may purchase packaged alcoholic beverages at any sale specified in paragraph (a).
(13) Notwithstanding any other provision of law, any license to sell or serve alcoholic beverages issued to a port authority, as defined in s. 315.02, entitles that port authority, or the lessee or lessees which it may choose, to sell and serve alcoholic beverages at any terminal within the port jurisdictional boundaries upon annual payment to the division of an annual fee equivalent to the annual license fee for each sales or service location. However, any lessees chosen by the port authority shall meet the criteria for licensure for sales and service of alcoholic beverages.
Cited 392 times | Published | Supreme Court of Florida
...Pursuant to Rule 4.6 of the Florida Appellate Rules we are responding to questions certified to this Court by the Circuit Court of the Seventh Judicial Circuit, in and for Volusia County. See Jaworski v. City of Opa-Locka, 149 So.2d 33 (Fla. 1963). The questions are: 1. Does the enactment of Section 561.20(2)(a)3, Florida Statutes, by Chapter 72-230, Laws of Florida, which states in pertinent part: "(2)(a) No such limitation of the number of licenses as herein provided shall henceforth prohibit the issuance of a special license to: ......
...of the Beverage Department existing since 1969 which required special license restaurants to derive at least 30% of all proceeds from food and non-alcoholic beverages. To determine the legislative intent we look to the plain language of the statute. Section 561.20(2)(a)3, Florida Statutes, speaks in terms of future licenses only: "No such limitation of the number of licenses as herein provided shall henceforth prohibit the issuance of a special license to: 3....
...Knight Bros. Paper Co., 118 So.2d 664 (Fla.1st DCA 1960). The reason for this rule is that the Legislature must be assumed to know the meaning of words and to have expressed its intent by the use of the words found in the statute. In the same subsection of Section 561.20(2)(a)3, the Legislature made three direct references to the treatment of existing licenses....
...Respondents argue that if this Court interprets the Act in favor of petitioners' contentions, then a great deal of mischief will result because petitioners' licenses would contemporaneously with the Court's ruling be converted to "quota" licenses contrary to Section 561.20(1), Florida Statutes....
...This argument is without merit for the following reason. Respondents have promulgated "bona fide restaurant" requirements for special licenses in Chapter 7A-3.15, Florida Administrative Code. "Quota" licenses are not held to these requirements. Even if the 51% requirements of Section 561.20(2)(a)3, Florida Statutes, is not applied to petitioners, the Chapter 72-3.15, Florida Administrative Code, requirements save petitioners' licenses from effective conversion into quota licenses....
Cited 51 times | Published | Supreme Court of Florida
...§ 554.27, providing for a foreign trade zone within the Trade Center; Chapter 29827, Acts of 1955, F.S.A. § 210.20, providing for payment to the Trade Center of cigarette taxes collected on cigarettes sold at retail on property of the Trade Center, less 2 1/2% for administration; Chapter 29829, Acts of 1955, F.S.A. § 561.20, amending Sec. 561.20, Florida Statutes, to permit the issuance of not exceeding three liquor licenses to qualified applicants within the Trade Center....
Cited 21 times | Published | Florida 1st District Court of Appeal
...ority. We affirm the order of the hearing officer. Chapter 565, Florida Statutes, limits the number of liquor licenses to be issued in Florida. However, certain businesses and enterprises are exempt from such limitations if they meet the criteria of Section 561.20(2)(a)3., Florida Statutes (1981), which provides in pertinent part: (2)(a) No such limitation of the number of licenses as herein provided shall henceforth prohibit the issuance of a special license to: * * * * * * 3....
...east 51 percent of its gross revenue from the sale of food and nonalcoholic beverages... . Rule 7A-3.15(3) contains criteria which DABT uses to determine whether a special restaurant licensee is operating a bona fide restaurant within the meaning of Section 561.20(2)(a), supra....
...DABT's general rule-making power stems from Section 561.11: (1) The division shall have full power and authority to make, adopt, amend, or repeal rules, regulations, or administrative orders to carry out the purposes of the Beverage Law... . Through Section 561.20(2)(a)3., the legislature has enumerated specific criteria for a special restaurant beverage license....
...larly prepared, served, or sold." Obviously, the correct statutory definition quoted above, which is in the disjunctive, is erosive rather than supportive of DABT's position. Finally, it has not been shown that rejection of DABT's contention that Section 561.20(2)(a)3....
...Human Development Center, 413 So.2d 1251 (Fla. 1st DCA 1982). In Department of Business Regulation, Division of Beverage v. Huddle, Inc., 342 So.2d 140, 142 (Fla. 1st DCA 1977), this court said: It has always been the legislative intent that a special restaurant license under Section 561.20(2) was available only when there was a bona fide substantial restaurant operation primarily engaged in the service of food and nonalcoholic beverages....
Cited 17 times | Published | Florida 1st District Court of Appeal
...(Shell Harbor) appeals from a final order of the Division of Alcoholic Beverages and Tobacco denying its application for a change in the status of its special hotel liquor license to a special restaurant license (SRX). We affirm. The operative statute herein, Section 561.20(2)(a)3, Florida Statutes (1983) provides that a special restaurant license may be issued to an applicant which 1) is a restaurant, 2) having 2500 square feet of service area, 3) is equipped to serve 150 persons full-course meals at tab...
Cited 15 times | Published | Florida 1st District Court of Appeal
...d ... shall not apply to existing licenses nor to the renewal or transfer of such licenses but upon the revocation of any existing license no renewal thereof or new license therefor shall be issued contrary to the limitations herein prescribed. F.S. § 561.20(3), F.S.A....
Cited 13 times | Published | Supreme Court of Florida
...nates in favor of the class of which the particular licensee here involved is a member. For example, the Legislature itself has created various classifications regarding liquor licenses involving hotels, motels, restaurants, golf clubs and the like. Section 561.20, Florida Statutes, F.S.A....
Cited 11 times | Published | Florida 3rd District Court of Appeal
...The amended complaint reveals that there were accommodations to serve 200 or more patrons, that the restaurant contained more than 4,000 square feet of space, that it contained all necessary equipment to serve its patrons, and in other respects met the requirements of Section 561.20(2), Florida Statutes 1955, F.S.A....
...enied under ordinances Nos. 720 and 1014, supra, which in the view of the Chancellor, were properly enacted pursuant to Chapter 13972, Special Laws of Florida 1929, as amended. Appellant Davidson asks us to reverse the Chancellor because in her view Section 561.20(2, 4), Florida Statutes 1955, F.S.A., set up a special class of restaurant licenses which under the general Beverage Law then in effect could not be included within municipal population quota limitations, the City Charter provisions notwithstanding....
...ood v. City of Jacksonville, Fla. 1955, 80 So.2d 443. It was there held that a 1949 special act applicable to the City of Jacksonville, for all practical purposes identical with the 1947 Coral Gables Act, supra, would not supersede the provisions of Section 561.20(2, 4), Florida Statutes 1953, F.S.A., which authorized so-called special licenses in restaurants of certain sizes....
...cial Act) made provision for special hotel licenses but did not include the special type of restaurant license as an exception to the population quota. It was the view of the majority of the Supreme Court that under the then prevailing provisions of Section 561.20(2) and (4), Florida Statutes 1953, F.S.A., liquor licenses could properly be limited on a population quota basis within a municipality except as to *707 those special types of licenses such as these restaurant licenses which under the general act were reserved for general state-wide regulation. However, the decision in the Abood case is not applicable or controlling here. This is so because subsequent to the filing of the present suit, but before the entry of the final decree the legislature amended § 561.20(4), Fla....
...ity's charter by which issuance of a restaurant liquor license on the basis applied for was interdicted. At the time the Abood case was decided, and when the present application was made and the suit for declaratory decree was filed, subsection 4 of § 561.20 of the Beverage Law (Chapter 561, Fla....
...herewith." The effective date of that amendment was January 1, 1958. This was expressly provided for by § 3 of Chapter 57-773 as amended and clarified by § 1 of Chapter 57-1991, Laws of Florida, Extra.Sess. 1957, now appearing as subsection 4A of § 561.20, Fla....
...957. The final decree which dismissed the cause was entered on July 11, 1958. Thus the change in the law above referred to occurred during the pendency of the suit, and was in effect at the time of the rendition of the final decree. We will refer to § 561.20(4) as it read at the time of the commencement of the suit as the earlier law, and to the section as amended, effective January 1, 1958, as the present law....
...ense under the rule of Abood v. City of Jacksonville, Fla. 1955, 80 So.2d 443. The appellee city thereafter made no changes in its municipal ordinance. The majority sustains the decree of the Chancellor with the view that when the decree was entered Section 561.20(4), Florida Statutes, as amended, F.S.A., had become effective on January 1, 1958....
Cited 10 times | Published | Florida 1st District Court of Appeal
...On March 29, 1976, the hearing officer published his recommended order that the administrative complaint against Harvey be dismissed. In support of this recommendation, the hearing officer found that the division had failed to present any admissible evidence that Harvey had violated any provision of Section 561.20, Florida Statutes, and that it also failed to offer evidence that Harvey even held a beverage license issued by the State....
Cited 4 times | Published | Florida 1st District Court of Appeal
...of Moorey, Seals, Garvin & Tripp, Fort Myers, for appellant. *1287 Louisa E. Hargrett and Janice G. Scott, Dept. of Business Regulation, Tallahassee, for appellee. WENTWORTH, Judge. Appellant, the holder of a special beverage license issued pursuant to § 561.20(2)(a)3, is seeking review of a final order of the Division of Alcoholic Beverages and Tobacco which found it guilty of violating § 561.20 and § 561.15(3)(c), Florida Statutes, and Florida Administrative Code Rule 7A-3.15....
...rcentage had been less than 51% of its total sales. On August 9, 1982, the Division served Harry's with a notice to show cause why its license should not be disciplined for violation of the Beverage laws. The notice alleged that Harry's had violated § 561.20 and Florida Administrative Code Rule 7A3.15 on two occasions by failing to discontinue the sale of alcoholic beverages when the service of full course meals had been discontinued. § 561.20(2)(a)3; FACR 7A-3.15(1). A third charge alleged, after amendment, that the principal business of the licensed premises was not the serving of bona fide meals, and that the licensee did not meet the requirements of § 561.20, i.e., that Harry's was operating in violation of the beverage laws by failing to derive 51% of its gross revenues from the sale of food and nonalcoholic beverages. The charge also cited § 561.15(3)(c). [2] A formal hearing was held on March 16, 1983, and the hearing officer entered a recommended order finding that appellant had violated § 561.20(2)(a)3 by continuing to serve alcoholic beverages after the hours of serving food had elapsed, and by failing to derive 51% of its gross revenues from the sale of food and nonalcoholic beverages for the period of January through June 1982, as charged in the Notice to Show Cause....
...a restaurant during the charged period. Second, in imposing the penalty for the violations, the Division required appellant to produce records demonstrating that for the period June 1, 1982, through July 31, 1983, Harry's met the 51% requirement of § 561.20(2)(a)3 and that "[f]ailing such showing, said license ......
...a finding of fact. [4] As such, it is an improper rejection of the hearing officer's finding of fact since the officer's finding is supported by the record. § 120.57(1)(b)9, Florida Statutes. Because the parties agree that appellant met all of the § 561.20 requirements for a special license except the 51% requirement, and because the Division failed to prove non-compliance with that requirement, the finding that appellant was in violation as alleged in Count III is reversed....
...her than the hamburger and cheeseburger plates. [2] Verbatim, the amended third count alleged: The principal business of the licensed premises is not the serving of full course, bona fide meals and the licensee does not meet the requirements of sec. 561.20, Fla....
Cited 4 times | Published | Florida 3rd District Court of Appeal
...s service bar consumption" in the relator's restaurant, located at the corner of Lincoln Road and Collins Avenue. The city had the power to grant or withhold special liquor licenses or permits in restaurants, beyond its population quota limitations. Section 561.20(4), Fla....
...e "D" district, and further alleged as follows: "VI. Your Petitioner represents that it is entitled to a special license for the sale of alcoholic beverages for on the premises consumption to its patrons in accordance with Florida Statutes Annotated 561.20(2) and it has complied with all the requirements thereof. Florida Statutes Annotated 561.20(2) as follows: "`No such limitation of the number of licenses as herein provided shall prohibit the issuance of a special license at any hotel, motel, or motor court of not less than fifty (50) guest rooms or to any restaurant containing all n...
...constitutional exercise of the police powers by the Council of the City of Miami Beach and is highly discriminating against the Petitioner. Furthermore said ordinance is unconstitutional in so far as it is in conflict with Florida Statutes Annotated 561.20 (2)....
...nd is discriminatory against your Petitioner and imposes requirements that in no way reasonably promote the public health, welfare, safety or morals of the citizens of Miami Beach and furthermore is in direct conflict with Florida Statutes Annotated 561.20(2)." The respondents' motion to quash the alternative writ was denied....
...This is so because the State Beverage Law provides that its restrictions as to population and its exceptions to population quotas, such as the created special licenses for hotels or restaurants, shall not prevail over contrary provisions relating thereto in municipalities. This was expressly provided for in § 561.20 (4), Fla....
...1955, 80 So.2d 443, that the provision of the State Beverage Law for a special license in restaurants should prevail over a contrary regulation within the City of Jacksonville, was no longer applicable because of the subsequent amendment to the beverage law, now appearing as subsection 4 of § 561.20, Fla. Stat., F.S.A. At the time the Abood case was decided, subsection 4 of § 561.20 of the Beverage Law provided the limitations of the state law would not affect or repeal any conflicting local or special act "relating to the limitation by population * * * of such licenses within any incorporated city." Effective January 1, 1958, subsection 4 of § 561.20 was amended to read that it would not affect or repeal such conflicting local provisions of incorporated cities which related not only to the limitations by population but to "exceptions or exemptions from such limitation by population of such licenses within any incorporated city." By virtue of that change in 1958 in subsection 4 of § 561.20, it was held in the Davidson case that the exception to population limitation created by the State Beverage Law which provided for special liquor licenses for restaurants meeting certain stated requirements could not be used as a basis for...
...om within the building." [3] It should be noted that while the special restaurant licenses provided for by the city code specified 480 capacity and 4,800 square feet, the State Beverage Law's provision for the restaurant exception or special license § 561.20(2) specified only 200 capacity and 4,000 square feet....
...Additionally, the affidavit showed relator claimed a right to the special restaurant liquor license under the exception as provided for in the State Beverage Law rather than as provided for in the city code, by stating: "That said restaurant complies with all of the terms and conditions of Florida Statutes Annotated 561.20 (2)." [5] § 562.45, Fla....
Cited 3 times | Published | Supreme Court of Florida | 160 Fla. 906, 1948 Fla. LEXIS 960
...ch limitation shall in no event be such as to prohibit the issuance of at least two such licenses in any such cities or towns or not less than three such licenses in any county as to territory lying without the limits of such cities or towns.” — Section 561.20, F.S; 1941, F.S.A.,' as amended by c....
Cited 3 times | Published | Florida 3rd District Court of Appeal
...ess Regulation, Division of Beverage, State of Florida. In its answer, the Department of Business Regulation essentially took the position that the plaintiffs' liquor license had been issued pursuant to the provisions of the Beverage Law, Fla. Stat. § 561.20(2), F.S.A., and that it "was done after proof of compliance with the Ordinances of the City of Miami Beach; and approved by the Official of Miami Beach authorized to submit such an approval." The intervenors filed a motion for summary judgment which was denied by the *701 court....
...stock broker's office, a sundry shop, an art gallery shop, a beauty salon, an antiques and accessories shop, a ladies' wear shop, a photography studio, a men's wear shop, and a barber shop. A portion of the text *702 of the Beverage Law, Fla. Stat. § 561.20(2), F.S.A., also makes provision for hotels containing more than one hundred rooms....
Cited 3 times | Published | Supreme Court of Florida
...a Statutes, F.S.A. Chapter 29827, Acts of 1955, provided for payment to the authority of cigarette taxes collected on cigarettes sold at retail on property of the authority, less 2 1/2 percent for administration. Chapter 29829, Acts of 1955, amended § 561.20, Florida Statutes, F.S.A., to permit the issuance of not to exceed three liquor licenses within the authority and Chapter 30990, Acts of 1955, authorized the City of Miami to grant and convey to the authority property in Dade County known a...
Cited 2 times | Published | Supreme Court of Florida
...gislature cannot materially increase or decrease the total number of judges by modifying geographic boundaries of judicial circuits. This is not true of the question here presented concerning issuance of alcoholic beverage licenses. Florida Statutes § 561.20, F.S.A....
...Article X, respectively, (1) to appoint additional circuit judges as prescribed in Section 6(2), Article V, State Constitution, pursuant to the 1970 Federal decennial census population figures and (2), to issue alcoholic beverage licenses under F.S. section 561.20 F.S.A., pursuant to such census....
...t matter involved in this litigation for it to be named the proper respondent. Passing now to the second question, I agree with the majority's conclusion that issuance of beverage licenses under the new Federal Census figures as contemplated in F.S. section 561.20, F.S.A., must be postponed until the Legislature can review that subject pursuant to Section 8, Article X....
Cited 1 times | Published | Florida 1st District Court of Appeal | 1998 WL 161269
...ovision. See § 561.02, Fla. Stat. (1997). Appellees alleged in their complaints that the licensing fees were inapplicable to them because the alcoholic beverage licenses which had been issued to them were not subject to the limitations contained in section 561.20(1), Florida Statutes....
...JOANOS, J., and SMITH, LARRY G., Senior Judge, concur. NOTES [1] Section 561.19(5), Florida Statutes (1995) provides: A fee of $10,750 shall be collected from each person, firm, or corporation that is issued a new liquor license subject to the limitation imposed in s. 561.20(1) as provided in this section.......
...the policy of this director to carefully scruntinize the background and qualifications of each and every applicant for a retail liquor license with the intention of issuing said license only to the most qualified of individuals and/or corporations. Section 561.20, Florida Statutes, provides for the issuance of an unlimited number of beer and wine licenses, but only a limited number of quota liquor licenses are available on the basis of the population of the county in which the establishment is located....
...erage Department, was directed to revoke and annul a beverage license theretofore issued to the appellant Jones to sell alcoholic beverages for consumption on the premises in a restaurant operated by her. The case has to do with an interpretation of Section 561.20(2), Fla.Stat.1953, F. S.A., which provides that the population limitation as to the number of beverage licenses which may be issued, contained in subsection (1) of Section 561.20, shall not be applicable to “ * * * any restaurant containing all necessary equipment and supplies for, and serving full course meals regularly and having accommodations for service of two hundred or more patrons at tables and occupying more than four thousand square feet of space; * * (Emphasis added)....
OWEN, Judge. Petitioner is a corporation organized under the laws of this state as a corporation for profit. Its application to the respondent for a Type II-C “Club” license provided for under Fla.Stat. § 561.20(7) (1973) was denied on the grounds that a corporation for profit is not qualified for this type beverage license. Petitioner seeks judicial review by certiorari pursuant to Fla.Stat. § 120.68 (Supp.1974). Fla.Stat. § 561.20(7) reads in pertinent part as follows: “(7) There shall be no limitation as to the number of licenses issued pursuant to § 565.02(4)....
...qualify as one “de *61 voted to promoting community development”. Thus, our decision here turns squarely upon our construction of the emphasized portion of Fla.Stat. § 561.-20(7) quoted above. Our reading of the emphasized portion of Fla.Stat. § 561.20(7) leads to the conclusion that it was the legislative intent (1) that the word “nonprofit” modify or describe the word “clubs” as well as the word “corporations”, and, (2) that, whether the applicant be a “nonprofit corporati...
...ereas a club devoted to promoting community development could qualify irrespective of whether it was a nonprofit club or a chib for profit. Yet this would be the result if we adopted the construction which petitioner advocates, namely that Fla.Stat. § 561.20(7) and Fla.Stat....
...the issuance of a liquor license to establishments such as that operated by appellant, regardless of the provisions of any local or special act, such *444 doubt is dispelled by a consideration of Chapter 28117, Laws of Florida, Acts of 1953, F.S.A. § 561.20 and note, which is the last expression of the Legislature on the subject and concerning which more will be said later....
...Said Section 7 also contained the provision, “no such limitation of the number of licenses as herein provided shall be applicable to * * * restaurant[s] * * * having accommodations for service of two hundred or more patrons at tables and occupying more than four thousand square feet of space * * *.” F.S.A. § 561.20....
...The Complaint shows that Ren Morris, as Beverage Director of the State of Florida, and the County Commissioners of Hernando County, Florida, granted a license to sell intoxicating liquors in Her-nando County to defendants C. Hale Daniel and Audrey M. Daniel, husband and wife, d/b/a Hale’s Sundries under Section 561.20 F.S.A., and Chapter 65-1125, Laws of Florida, which was a population act that applied to Hernando County....
MILLS, Judge. The issues raised by this appeal are: 1. Whether that provision of Section 561.20(2)(a)3, Flordia Statutes (1975), effective 18 April 1972, which requires a special restaurant alcoholic beverage licensee to derive 51% of its gross revenue from the sale of food and nonalcoholic beverages applies to Huddle’s special restaurant license which was issued prior to 18 April 1972....
...The trial court concluded that the 51% requirement was not applicable but that the 30% requirement was applicable. The Division appealed both rulings. Huddle appealed the 30% ruling. The trial court correctly found that the 51% requirement was not applicable. Section 561.20(2)(b), Florida Statutes (1975), effective 18 April 1972, provides: “Any county in which special licenses were issued under the provisions of s. 561.20(2)(b) in effect prior to the effective date of this act shall continue to qualify for such licenses pursuant to those provisions in effect prior to the effective date of this act, and shall not be *142 affected by the provisions of paragraph (a) of this subsection.” The prior Section 561.20(2)(b), enacted in 1961 and in effect until 18 April 1972, provided: “This subsection shall not apply to any county having home rule under the constitution in which county the provisions of Section 561.20(2) in effect prior to the effective date of this law shall apply.” Dade County has home rule under the provisions of Article VIII, Section 6(e), Florida Constitution (1968), and had it under its predecessor, Article VIII, Section 11, Florida Constitution (1885) as amended. Although the current subsection (b) refers to “any county” in which special licenses were issued under the pre-1972 Section 561.20(2)(b), it then adds “shall continue to qualify for such licenses” pursuant to the prior law....
...ovisions. The objective of the exception is to permit licensees who have complied with the prior law to obtain renewals under the requirements of the prior law. Huddle comes within this construction. As a holder of a special restaurant license under Section 561.20(2)(b) in effect prior to 18 April 1972, it is entitled to qualify for and receive a license pursuant to the provisions of the law in effect prior to 18 April 1972, provided it meets the other requirements set forth in Fla.Admin.Code Rule 7A-3.15 and the applicable rules and regulations of the Division....
...sued prior to 18 April 1972. The court reached this result by reasoning that the provisions of the Act required that it be applied prospectively and not retroactively. It has always been the legislative intent that a special restaurant license under Section 561.20(2) was available only when there was a bona fide substantial restaurant operation primarily engaged in the service of food and nonalcoholic beverages....
...han 30% of the (total gross revenue of the overall restaurant operation. This administrative rule sets forth a test of a bona fide restaurant operation and the test is reasonable and consistent with the statute then in force. Under the provisions of Section 561.20(2)(b), effective 18 April 1972, the provisions of this section in effect prior to that date would include not only the statutory language but also duly promulgated rules and regulations which were not inconsistent with the statutory provisions....
...This is an appeal of a Final Order of Appellee, Division of Alcoholic Beverages and Tobacco (hereafter referred to as DABT), which revoked the alcoholic beverage license under its SRX classification, which was issued to Appellant, G.G.P., Inc., t/a Thee Doll House Beach. Such license is issued pursuant to Section 561.20(2)(a)3., Florida Statutes, 1983, to a restaurant of at least 2500 square feet of service area, equipped to serve 150 persons full course meals at tables at one time, and deriving at least 51% of its gross revenue from the sale of food and non-alcoholic beverages. This type of license is permitted as an exception to the general limitation on number of beverage licenses to one per 2500 residents or major fraction thereof within the territory of a county, as specified in Section 561.20(1), Florida Statutes. The Final Order appealed was the culmination of proceedings pursuant to a notice to show cause to appellant which charged that it failed to derive at least 51% of its gross revenue from the sale of food and non-alcoholic beverages, contrary to Section 561.20(2)(a)3., Florida Statutes, 1983, and Rule 7 A-3.15(3)(b), Florida Administrative Code....
...The percentage of food and non-alcoholic beverage sales at Respondent’s premises during the calendar year 1983 never approached 51% and that the reports submitted “reveals a steady decline from 40.5% in January to 23.3% in December. ...” B. Florida Statute 561.20 requires that 51% of gross revenue sales be from food and non-alcoholic beverage sales....
...We find no error in DABT’s rejection of the Hearing Officer’s conclusion concerning lack of culpability. Further, we find that DABT did give adequate explanation for increasing appellant’s penalty. DABT recited those facts which support a finding that appellant failed to meet the criteria of Section 561.20(2)(a)3., which failure entitled DABT to revoke appellant’s license pursuant to 561.29 (1)....
...Accordingly, the order on appeal is AFFIRMED. BOOTH, C.J., concurs. ZEHMER, J., concurs specially. . Revocation does not disqualify appellant from obtaining another special beverage license in the future. See § 561.15(3). A business which meets the criteria of 561.20(2)(a)3., is automatically entitled to an SRX license unless the owner(s) come under the limiting provisions of § 561.15....
...ent. It appears that on two prior separate occasions and in two separate suits the ordinance in question, or one similar to it, had been determined by the Circuit Court to be unconstitutional and void for the reason that it was in conflict with F.S. Section 561.20 et seq., F.S.A....
...everage license issued to you, in that you did not have 200 seats at tables and the necessary equipment and supplies for serving full course meals, and were not serving full course meals, regularly, at your licensed place of business in violation of section 561.20 Florida Statutes [F.S.A.].” Pursuant to notice, a hearing was had December 6, 1956. Thereafter, on December 31, 1956, the Director issued an order wherein he revoked the licensee’s *356 license. The Director made an exhaustive finding of fact which showed a violation on the part of licensee. The purpose of Section 561.20(2), Florida Statutes, F.S.A., is to license those restaurants containing a certain minimum capacity to serve alcoholic beverages at those times when regular meals are being served....
...There is no question of zoning, hours of sale, or sanitary or health conditions involved herein, nor does it appear that there is involved any violation of any municipal ordinance. On these facts the relator municipality states the question to be that: “Florida Statute 561.20(1) makes it unlawful for the beverage director to issue or transfer a liquor license into a municipality with less than 1251 population.” In support of its question the relator argues that the clear intent of § 561.20(1), F.S.A., is that there should be no new liquor license issued nor any existing license transferred into the limits of a municipality having less than 1,251 population....
...nsus, either federal or state, of such county or municipality; provided, however, that such limitation shall not prohibit the issuance of at least three licenses in any county that may approve the sale of intoxicating liquors in such county.” Sec. 561.20(1), Fla....
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