Florida Administrative Code

Rulemaking Authority 561.11 FS. Law Implemented 561.42(1), 563.08 FS. History-New 6-13-77, Formerly 7A-4.131, 7A-4.0131, Repealed 9-20-16.

Each licensed manufacturer or distributor making such tax free sales of alcoholic beverages shall attach to his monthly report a copy of all invoices or sales slips for each such tax free sale. The invoices or sales slips must be signed by a person authorized to receive and sign …

It shall be considered a violation of Section 561.42, F.S., for any distributor to rent any property to a licensed vendor or from a licensed vendor if said property is used, in whole or part as part of the licensed premises of said vendor or if said property is used in any manner…

(1) Distributors, vendors and cooperatives or pool buying vendors who require additional storage outside of their licensed premises must obtain a permit therefor. Such permits can be obtained from the Division without fee, provided that the storage room is located in the same cou…

Manufacturers or distributors shipping or delivering alcoholic beverages for consumption outside the confines of the State of Florida must supply the Division with a copy of the bill of lading, must show type of beverages, amount by size container and gallonage of each type shipp…

Any person, firm or corporation bringing or delivering into the State of Florida any alcoholic beverages in an amount exceeding one gallon (standard U.S. gallon) is required to report such deliveries to the Division of Beverage on forms prescribed for that purpose. Such reports s…

Rulemaking Authority 561.11 FS. Law Implemented 561.14(1), 561.56, 561.57, 565.03(1) FS. History-Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-4.30, 7A-4.030, Repealed 11-29-15.

Accrued, accumulative or retroactive discounts are prohibited by statute. Therefore, any discount given on the purchase of alcoholic beverages by a vendor must be given only on alcoholic beverages purchased in a single transaction. In order for quantity discounts on malt beverage…

Rulemaking Authority 561.11 FS. Law Implemented 561.55(1), 563.05, 564.06, 565.12 FS. History-New 3-1-76, Formerly 7A-4.371, Amended 7-1-87, Formerly 7A-4.0371, Amended 2-24-94, Repealed by Section 1, Chapter 1985-204, Laws of Florida.

Manufacturers and distributors may sell alcoholic beverages to vessels or aircraft without payment of any of the taxes imposed on such alcoholic beverages under the beverage law, if the Federal Government permits such sales to be made without payment of Federal Excise taxes or if…

Each vendor holding a passenger vessel permit is required to pay tax and surcharge, as applicable, for alcoholic beverages, cigarettes, and other tobacco products sold pursuant to Section 565.02(9), F.S., and such permittees must report and remit the tax and surcharge on a quarte…

(1) Any sale of spirituous beverages made by a distributor to a vendor must be evidenced by an invoice or sales ticket which shall reflect the following information: (a) Name and address of the distributor; (b) Date invoice was prepared; (c) Date of delivery; (d) Whether merchand…

All manufacturers and/or distributors of beer and wine shall require drivers of trucks distributing beer and wine to vendors to carry a copy of a loading sheet or manifest showing the date the truck was loaded and the number of cases or containers loaded thereon. Manufacturers an…

(1) Each manufacturer, distributor, broker, sales agent or importer of malt beverages must complete a sales ticket or invoice at the time of sale and delivery of any such malt beverages. Such sales ticket or invoice must have the following information written or printed thereon: …

Rulemaking Authority 561.11 FS. Law Implemented 561.42 FS. History-Repromulgated 12-19-74, Amended 3-1-76, 11-20-85, Formerly 7A-4.46, 7A-4.046, Repealed 8-1-12.

Rulemaking Authority 561.11 FS. Law Implemented 561.01(10), 561.42(1),(6) FS. History-New 3-1-76, Formerly 7A-4.461, Amended 1-9-91, Formerly 7A-4.0461, Repealed 8-1-12.

(1)(a) "Pool buying" shall mean the combining of orders into a single transaction, by two or more vendors, who are members of a cooperative or pool buying group approved by the Division of Alcoholic Beverages and Tobacco, for the purpose of maximizing purchasing power. (b) "Membe…

(1) One primary American source of supply shall be designated for each brand of spirituous liquors and wines handled in this state by any Florida distributor. The manufacturer or owner of the spirituous liquor or wine at the time the same became a marketable product shall designa…

(1) Each licensed distributor that sells or delivers malt beverages is required to file all formal written sales territory agreements prior to selling or delivering any brand or brands of malt beverages to vendors. (a) Each licensed distributor that has an oral sales territory ag…

Rulemaking Authority 561.11 FS. Law Implemented 561.501 FS. History-New 1-15-91, Amended 11-4-91, 12-22-92, Formerly 7A-4.063, Repealed 6-7-12.

Rulemaking Authority 561.11 FS. Law Implemented 561.08, 561.11 FS. History-New 2-16-89, Formerly 7A-5.001, Repealed 8-1-12.

Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.17, 561.57, 562.07 FS. History-New 11-27-13, Repealed 9-20-16.

(1) To request a lien search for a spirituous alcoholic beverage license complete DBPR ABT-6023 Request for Alcoholic Beverage LICENSE Lien Search, effective February 2013, adopted and incorporated herein by reference. This form is available upon request from the Department of Bu…

(1) Temporary Permit (ODP) - A bona fide nonprofit civic organization, charitable organization, municipality, or county may apply for a temporary permit to sell alcoholic beverages for consumption on the premises only, for a period not to exceed three days. Such bono fide nonprof…

When permitted by law a licensee may make changes to the internal structure or amend the name of the licensed legal entity. An application must be filed with the Division on DBPR ABT-6004, Application for Change to a Licensed Legal Entity, effective August 2013, adopted and incor…

Any person before engaging in the business of importing or acting as a broker or sales agent for alcoholic beverages must file an application on DBPR ABT-6008, APPLICATION FOR Importer or Broker Sales Agent License, effective August 2013, adopted and incorporated herein by refere…

(1) Operators of railroad lines, steamships, buses, and airplanes which operate and engage in the sale of alcoholic beverages within this state must file an application for licensure on DBPR ABT-6020, APPLICATION FOR COMMON CARRIER LICENSE, effective August 2013, adopted and inco…

In order to file a change or alter the sketch of licensed premises that was previously approved by the division an application must be filed on DBPR ABT-6029, APPLICATION FOR EXTENSION OR AMENDED SKETCH OF LICENSED PREMISES, effective August 2013, adopted and incorporated herein …

Any person engaged in the sale of alcoholic beverages outside the state must register with the Division on form DBPR ABT-6026, APPLICATION FOR ALCOHOLIC BEVERAGE EXPORTER REGISTRATION, incorporated herein by reference and effective August 2013, adopted and incorporated herein by …

(1) An application for new licensure shall be filed on DBPR ABT 6001, APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, effective February 2013, and incorporated herein by reference. The application must be completed in accordance with the list of license requirements contained in the …

When quota alcoholic beverage licenses become available by reason of an increase in the population of a county, by reason of a county permitting the sale of intoxicating beverages when such sale had been prohibited, or by reason of the revocation of a quota beverage license, the …

(1) The application for placing a quota alcoholic beverage license into an inactive status or requesting a waiver of active operation requirements must be filed with the Division of Alcoholic Beverages and Tobacco on form DBPR ABT-6027, APPLICATION FOR INACTIVE STATUS OR WAIVER O…

Rulemaking Authority 561.11 FS. Law Implemented 561.08, 561.11, 561.18, 561.19, 561.20 FS. History-New 2-16-89, Formerly 7A-5.011, Repealed 8-1-12.

(1) The term retail tobacco products dealer shall refer to the definition provided by sections 210.01(7), 210.095(g), and 569.002(4), F.S. For this section the term tobacco products shall refer to the definition provided by section 569.002(6), F.S. A tobacco products retail deale…

A culinary education program that educates students in the culinary arts, including the preparation, cooking, and presentation of food, or provides education and experience in culinary arts-related businesses, and which engages in the sale or service of alcoholic beverages within…

Rulemaking Authority 561.11, 561.08 FS. Law Implemented 561.08, 561.11, 561.17, 561.181, 561.19, 561.32, 561.33, 561.331 FS. History-New 2-16-89, Formerly 7A-5.700, Repealed 8-1-12.

Unless specifically authorized by statute, the division may not issue more than one license or permit to a location. A licensee may submit DBPR ABT-6007, Request for License CancellatioN, effective August 2013, adopted and incorporated herein by reference, or a letter with the fo…

Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.08, 561.11, 561.15, 561.17, 561.18, 561.22, 561.25, 561.42 FS. History-New 2-16-89, Formerly 7A-5.710, Repealed 8-1-12.

Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.08, 561.17, 561.19, 561.20 FS. History-New 3-6-90, Amended 6-28-90, 5-24-92, Formerly 7A-5.747, Amended 12-7-09, Repealed 8-12-19.

Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.08, 561.11 FS. History-New 2-16-89, Formerly 7A-5.761, Repealed 8-1-12.

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 defin…

Stand-alone bars with an alcoholic beverage consumption on premises license shall be issued a smoking and vaping designation of "ss" or "ssf" upon meeting the following criteria: (1) The premises meets the definition of a stand-alone bar in Section 386.203(12), F.S., and (2) The …

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…

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 te…

Rulemaking Authority 386.2125, 561.695(9) FS. Law Implemented 386.203(11), 561.695(6) FS. History-New 6-14-05, Repealed 6-3-12.

(1) 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 sale…

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 tw…

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. Rulemaking Authority 386.2125, 5…

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…

(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 set…