Florida Administrative Code

(1) A dwarf is a person with the medical condition known as dwarfism. Dwarfism means a person of disproportionate or proportionate short stature most often caused by a genetic syndrome. (2) It is unlawful for a licensee to promote, engage in, or permit any exploitative contest, p…

(1) Definition. A bottle club is: (a) A commercial establishment; (b) Operated for profit, whether or not a profit is actually made; (c) A premises where alcoholic beverages are not sold but where patrons are allowed to consume alcoholic beverages on the premises; and, (d) Locate…

Special low-proof products are defined as products which contain less than 6 percent alcohol by volume. Distilled, mixed, or fermented products which contain less than 6 percent alcohol by volume shall mean only those products sealed by the manufacturer and offered for sale to ve…

(1) A licensee who has been cited in an administrative action for violations of Sections 562.11(1)(a) and 859.06, F.S., shall have a defense to any administrative action if the underage person falsely evidenced that he was of legal age to purchase the alcoholic beverage, cigarett…

Rulemaking Authority 561.11 FS. Law Implemented 561.29 FS. History-New 2-28-94, Repealed 1-10-16.

(1) Party-type supplies shall only include the following: (a) All dairy products; (b) Ready to eat deli meats and cheeses, including those packaged by a manufacturer; (c) Condiments; (d) Sauces; (e) Spices; (f) Eggs; (g) Chips, popcorn, and nuts; (h) Crackers; (i) Ingredients for…

As used in Section 565.045, F.S., items customarily sold in a restaurant shall only include the following: (1) Food; or (2) Beverages; or (3) Souvenirs; or (4) Gift cards or gift certificates. Rulemaking Authority 561.11 FS. Law Implemented 565.045 FS. History-New 12-20-94, Amend…

(1) Any licensee catering an event using a 13CT license must prepare and maintain the Catered Event Form DBPR BLE-202, as part of the records for a catered event. In addition to the Catered Event Form DBPR BLE-202, any licensee who caters an event using a 13CT license must have t…

Rulemaking Authority 561.11 FS. Law Implemented 561.01(10), 561.42(3),(4),(5) FS. Florida Beverage Corporation, Inc. et al. v. Wynne, 306 So. 2d 200 (Fla. 1st DCA 1975). History-Repromulgated 12-19-74, Amended 3-1-76, 11-28-76, 1-28-80, Formerly 7A-4.03, 7A-4.003, Repealed 8-1-12…

(1) Each brand or label of spirituous beverages sold or offered for sale within the State of Florida or transported within the State of Florida must be registered with the Division and must have a brand registration number assigned to it by the Division. Requests for registration…

No person employed by a distributor of alcoholic beverages in the capacity of a salesman may be issued a vendor's license. Rulemaking Authority 561.11 FS. Law Implemented 561.22 FS. History-Repromulgated 12-19-74, Formerly 7A-4.07, 7A-4.007.

(1) On or before the 10th day of each month, manufacturers, distributors, brokers, sales agents, and importers of alcoholic beverages shall remit to the Division the appropriate excise taxes along with full and complete reports that reflect the details of all transactions for the…

All out of state manufacturers, importers and distributors who ship any alcoholic beverages into the State of Florida shall file a report of all such shipments with the Division on or before the 10th of each month for the previous month. Such reports shall be made on forms prescr…

(1) Each manufacturer and distributor of spirituous, vinous, or malt beverages shall have printed or reproduced inventory forms listing each brand or label and size container of all spirituous, vinous, and malt beverages sold by such manufacturer or distributor. Such inventory fo…

Each distributor of spirituous beverages must maintain at his licensed premises a ledger account or print-out of electronic data processing accounting records for each vendor to which sales of spirituous beverages are made. All sales to each vendor and all payment received from e…

(1) If a manufacturer or distributor of malt beverages establishes differential prices or change of prices on such beverages according to the quantity sold, such manufacturer or distributor must file the differential prices or changes of prices with the Division giving ten (10) d…

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 …