Florida Administrative Code

Rulemaking Authority 210.75 FS. Law Implemented 210.60 FS. History-New 9-2-08, Repealed 6-7-12.

(1) Tobacco products wholesale dealers are required to keep sales tickets or invoices covering all sales of tobacco products to retailers. Invoices of tobacco products sales by tobacco products wholesale dealers to retailers shall include: (a) Tobacco products wholesale dealer's …

(1) To receive a refund or credit for tobacco products upon which the excise tax has been paid and the products have been subsequently transferred to an out-of-state location, or returned to a manufacturer or importer, or been destroyed, the tobacco products wholesale dealer must…

(1) In order to be permitted as a manufacturer or importer, or to make changes to an existing manufacturer or importer permit, a completed application must be submitted to and approved by the Division. A completed application shall consist of the following: (a) Properly executed …

(1) In order to be permitted as a wholesale dealer, exporter, or cigarette distributing agent, or to make changes to an existing wholesale dealer permit, exporter permit, or cigarette distributing agent permit, a completed application must be submitted to and approved by the Divi…

(1) A tobacco products wholesale dealer permit is required by any entity acting as a distributor as defined in Section 210.25(4), F.S. (2) In order to be permitted as a tobacco products wholesale dealer, or to make changes to an existing permit, a completed application must be su…

(1) All corporate surety bonds required under Section 210.40 F.S. must be issued by a surety company authorized to do business in the State of Florida, conditioned for the payment when due of all taxes, penalties, and accrued interest which may be due the state. (2) All applicant…

(1) For this section the term retail tobacco products dealer shall refer to the definition provided by Section 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 dealer permit is…

(1) Any permittee desiring to make a change in the business name and/or the location of the place of business must secure a supplemental permit reflecting the new business name and/or location prior to initiating the change. Application for such supplemental permits must be made …

Any permittee desiring to replace a lost or destroyed permit, may make a request to the Division for the issuance of a duplicate permit. This request shall be in the form of an affidavit advising that the permit has been lost or destroyed. Rulemaking Authority 20.165, 120.536, 21…

All bonds required under the beverage law must be bonds of a surety company licensed to do business in the State of Florida and must be filed with and approved by the director. The surety bond form may be obtained by writing to the appropriate district office and requesting DBPR …

Permits to purchase wine from a licensed distributor or vendor for religious or sacramental purposes within the State of Florida may be issued upon approval of an application for each purchase by the division. (1) To obtain a permit from the division for each purchase of wine for…

(1) The division shall deny any application for a permanent or temporary license when the owners of the real estate have been served a Notice to Show Cause which has not been resolved to prohibit a license from being issued to the location for which a license is being requested. …

No alcoholic beverages may be delivered to a state bonded warehouse which were shipped into this state from beyond the limits of the state unless the person for whom the beverages are to be stored is a manufacturer, licensed importer, registered exporter, or licensed distributor …

(1) Each licensee under the Beverage Laws of this State shall designate, in writing, at the District Office, the name of an individual residing in this State upon whom service by this Division of any notice, subpoena, order or citation, issued by this Division shall be legally bi…

Rulemaking Authority 561.11 FS. Law Implemented 561.15, 561.17, 561.25 FS. History-New 10-20-72, Repromulgated 12-19-74, Formerly 7A-2.14, Amended 4-29-90, Formerly 7A-2.014, Repealed 11-29-15.

Rulemaking Authority 120.53(1)(b), 561.11 FS. Law Implemented 120.53(1)(b), 561.14, 561.17 FS. History-New 3-1-76, Formerly 7A-2.18, 7A-2.018, Repealed 8-1-12.

Rulemaking Authority 120.53(1)(b) FS. Law Implemented 120.53 FS. History-New 11-19-81, Formerly 7A-2.19, 7A-2.019, Repealed 11-29-15.

(1) This rule sets for the penalty guidelines which shall be imposed upon alcoholic beverage licensees and permittees who are supervised by the division. District supervisors, audit supervisors, and bureau chiefs are authorized to accept settlement offers that do not deviate from…

(1) When an audit is performed that indicates that there is an amount of tax owed by the Taxpayer to the Division which is unpaid, the Division shall notify the taxpayer of the proposed tax assessment, i.e., the deficiency plus the applicable interest and penalties. (2) A Taxpaye…

(1) The Division, upon determining that an application for refund should be wholly or partially denied, shall issue a notice of final refund denial to the Taxpayer with his or her application for refund. The notice of final refund denial shall include an explanation of the reason…

(1) A vendor must have a different license for each place of business operated. (2) All licenses issued to vendors, other than railroads, sleeping cars, steamships, or airplanes licensed under Sections 565.02(2), and (3), F.S., must be for a permanent location at which the busine…

(1) Every holder of an alcoholic beverage license who conducts an alcoholic beverage business within the enclosure of a stadium, coliseum or auditorium, may sell and serve alcoholic beverages to the general public under said license in more than one (1) location within the said s…

(1) Alcoholic beverage licenses shall be renewed annually pursuant to license years for all places of business in counties as follows: (a) Vendors and distributors - October 1 through September 30 - Alachua, Baker, Bay, Bradford, Calhoun, Citrus, Clay, Columbia, Dixie, Duval, Esc…

(1) A qualifying food service establishment receiving a special food service license after April 18, 1972, must have a service area occupying 2,500 or more square feet. The required square footage shall include only the food service establishment's buildings and other contiguous …

(1) All business conducted on the licensed premises under the beverage law shall be managed and controlled at all times by the licensee or managed by his authorized employee or employees. (2) The term "employee," as used herein, shall mean a person who receives a salary or wages …

All clubs licensed under the beverage law must adhere to the following regulations: (1) Alcoholic beverages may be served only to bona fide club members or to their guests. The payment for such service and distribution must be made only by bona fide club members. (2) Such clubs m…

Any person, firm, or corporation holding a beverage license for which the annual fee has been paid in full may, upon qualifying for a license requiring a higher annual license fee, exchange it for the license requiring a higher annual license fee, upon payment of the difference b…

Rulemaking Authority 561.11 FS. Law Implemented 561.14(3), 561.08, 561.42 FS. History-New 1-20-97, Repealed 3-20-13.

(1) Vendors may make payment to distributors for alcoholic beverages prior to the time such alcoholic beverages are ordered or delivered. All such advance payments must be made by check, or other legal tender, and the distributor must deposit any such check, or legal tender, in h…

Rulemaking Authority 561.11 FS. Law Implemented 561.42(3) FS. History-Formerly 12-19-74, Formerly 7A-3.33, 7A-3.033, Repealed 8-1-12.

(1) In accordance with Sections 561.42(3) and (4), F.S., the Division will establish a list of delinqent vendor accounts, which will be referred to as the "delinquent list." No vendor will be placed on or removed from the "delinquent list" unless the appropriate forms prescribed …

(1) As used in Section 562.13, F.S.: (a) "Employ" means selecting a person to perform work for wages or tips who is subject to dismissal and control by the licensee. It shall also include permitting a person to work or the presence of any person in any place of employment during …

(1) All hotel, motel and motor courts holding a license, in addition to quota limitations imposed by Section 561.20(1), F.S., and all hotel, motel, motor courts and condominium-owned motor courts, holding or applying for a license issued under Section 561.20(2), F.S., or any appl…

(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…