61A-5.0105: Beverage Licenses, New Quota Issue
61A-5.747: Preliminary Application for a New Quota Alcoholic Beverage License
PURPOSE AND EFFECT: The purpose and effect of the proposed rules is to make changes to the preliminary drawing application and drawing process for new quota alcoholic beverage licenses.
SUBJECT AREA TO BE ADDRESSED: The subject area to be addressed is the implementation of statutory provisions relating to the sales of alcoholic beverages.
SPECIFIC AUTHORITY: 561.08, 561.11 FS.
LAW IMPLEMENTED: 561.08, 120.57, 561.14, 561.15, 561.17, 561.18, 561.19, 561.20 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: Wednesday, May 30, 2007, 10:00 a.m. – 12:00 p.m.
PLACE: Alcoholic Beverages and Tobacco Roscoe Hargett Conference Room, Suite 26, 1940 North Monroe Street, Tallahassee, Florida 32399-1020
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: DeeAnna Owens, Division of Alcoholic Beverages and Tobacco, (850)414-8125. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Lisa Livezey Comingore, Assistant General Counsel, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Office of the General Counsel, 1940 North Monroe Street, Suite 40, Tallahassee, Florida 32399, (850)487-9677
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
61A-5.0105 Beverage Licenses, New Quota Issue.
The division will follow the below listed procedures when applications entry forms are accepted for inclusion in the drawing for the right to apply issuance of for new state liquor licenses authorized by Florida Law, when they become available by reason of an increase in the population of a county or city, voting to permit the sale of intoxicating beverages when such sale had previously been prohibited, or by revocation of a license under Section 565.02(1)(a)-(f), F.S., or issued by Special Act prior to 1981:
(1) The application period for each quota alcoholic beverage drawing shall begin on the third Monday in August of each year issuance of quota alcoholic beverage licenses has been authorized, and last 45 90 days. The division shall publish legal notices in newspapers of general circulation within the counties in which licenses become available and the Florida Administrative Weekly and on AB&T’s page of the Department of Business and Professional Regulation’s web site at: http://www.state.fl.us/dbpr/abt/contact/index.shtml. In the event there is no newspaper of general circulation in the county where a new liquor license is authorized, the alternative posting procedure, found in Section 49.11, F.S., shall be used. Each legal notice published will include the deadline for filing applications, the number of licenses available for issuance in each county or city, and the location of the division's office where applications may be obtained and filed.
(2) All persons seeking entry into each drawing to apply for a new license shall file DBPR form ABT -60334000-033L, QUOTA LICENSE DRAWING APPLICATION Entry Form, effective 1/98 and incorporated herein, together with the non-refundable filing fee stated on the application form. The application entry form shall be delivered to the division or postmarked on or before the final date, set forth in the legal notice, and shall be date stamped by the division on the date the form is received. Forms not complete, not signed, or not accompanied by the required non-refundable filing fee shall result in a deficiency letter be returned to the applicant's mailing address by regular mail. Corrected applications must be delivered to the division on or before fourteen (14) days from the date of the deficiency letter. The division will not grant any other extensions of time Applicants shall not be granted extensions for filing applications except by petition showing good cause and no negligence by the applicant.
(3) A list of all applicants selected may be obtained from any of the division’s offices.
(4) The division shall notify those applicants who are selected as a result of the double random selection drawing by certified mail. Such notification will be sent to the mailing address listed on the application entry form or subsequently filed with the division. It shall be the applicant's responsibility to maintain a correct mailing address with the division.
(5) All applicants selected for the opportunity to apply for licenses shall file a completed application, referenced in Rule 61A-5.010, F.A.C. Failure to file a completed application package within 45 days of the date of the selection notice, shall result in the denial of the application filed.
(6) When any application has been disapproved and all hearings and appeals, pursuant to Sections 120.57 and 561.19(5), F.S., have been completed, the division shall notify the next person in order of priority from the random drawing by certified mail of their opportunity to obtain an available license in accordance with the procedures for notifying the originally selected parties. The division shall follow such procedure until all available licenses have been awarded.
(7) Any person or persons who have been selected for licenses shall not be prohibited from having the license issued in the name of a corporation, or other legal entity, if 100% of the business is owned by the person or persons listed on the winning entry form for inclusion in the drawing.
(8) For the purposes of this section, “more than one applicant” shall mean that an applicant may have a direct or indirect interest in only one application in each county or city for which a license is available, but may file separate applications entry forms for licenses in different counties or cities for an opportunity to obtain an available license.
(9) For the purposes of this section, “method of double random selection by public drawing” shall mean a computer program which determines the order of selection for the director as prescribed in Section 561.19(2)(a), F.S.
(10) Notwithstanding subsection (2) above, persons applying for the application period beginning April 1, 1998 through June 29, 1998, shall use Form ABT 4000-999L, Quota License Entry Form, effective 10/16/97 and incorporated herein.
Specific Authority 561.11 FS. Law Implemented 120.57, 561.14, 561.15, 561.17, 561.18, 561.19, 561.20 FS. History–New 1-20-97, Amended 1-8-98, __________.
61A-5.747 Quota License Drawing Application Preliminary Application for a New Quota Alcoholic Beverage License.
(1) DBPR form ABT-603342-033, QUOTA LICENSE DRAWING APPLICATION PRELIMINARY APPLICATION FOR A NEW QUOTA ALCOHOLIC BEVERAGE LICENSE, incorporated herein by reference and effective ______ 5-24-92, must be used by an applicant to gain entry into a quota license drawing.
(2) The information contained in the form must be affirmed sworn to and must be completed by all parties listed on the application or an authorized representative.
(3) The division will only accept applications for filing which are complete. A complete application includes the payment required to enter the drawing. Incomplete applications delivered to the division will result in a deficiency be returned with the application fee to the applicant with a letter advising the reason the application is incomplete being returned. Applicants must deliver corrected applications to the division on or before fourteen (14) days from the date of the deficiency letter. The division will not grant any other extensions of time for applications.
Specific Authority 561.08, 561.11 FS. Law Implemented 561.08, 561.11, 561.17, 561.19, 561.20 FS. History–New 3-6-90, Amended 6-28-90, 5-24-92, Formerly 7A-5.747, Amended_________.