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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Chapter 565
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F.S. 565.045
565.045 Regulations for consumption on premises; penalty; exemptions.
(1) Vendors licensed under s. 565.02(1)(b)-(f):
(a) Shall provide seats for the use of their customers;
(b) May sell or deliver alcoholic beverages by the drink or in sealed containers for consumption on or off the premises where sold; and
(c) May sell or deliver alcoholic beverages prepared by the licensee for off-premises consumption if the alcoholic beverage is in a container sealed by the licensee. All sales or deliveries of alcoholic beverages made pursuant to this paragraph must satisfy the following requirements:
1. The vendor must be licensed as a public food service establishment under chapter 509;
2. The sale or delivery must be accompanied by the sale of food within the same order;
3. The charge for the sale of food and nonalcoholic beverages must be at least 40 percent of the total charge for the order, excluding the charge for any manufacturer-sealed containers of alcoholic beverages included in the order; and
4. Sales and deliveries of the alcoholic beverages may not occur after the vendor ceases preparing food on the licensed premises for the day or after midnight, whichever is earlier.

The requirement in subparagraph 3. does not apply to vendors licensed under s. 561.20(2)(a)4.

(d) An alcoholic beverage drink prepared by the vendor and sold or delivered for consumption off the premises under paragraph (c) 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.
(e) Any delivery of an alcoholic beverage under this section must comply with s. 561.57. 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.
(2)(a) There shall not be sold at such places of business anything other than the beverages permitted, home bar and party supplies and equipment (including but not limited to glassware and party-type foods), cigarettes, and what is customarily sold in a restaurant.
(b) The provisions of paragraph (a) do not apply to any vendor who has been issued, pursuant to local law, a special alcoholic beverage license for an entertainment or lodging complex; nor do they apply to any vendor who operates an establishment which is part of an international tourist attraction located within a special improvement district that is created by local law and that includes territory in more than one county.
(3) The premises of all such vendors shall be subject to and meet all the applicable provisions of chapter 381 and the regulations promulgated thereunder.
History.s. 11, ch. 16774, 1935; CGL 1936 Supp. 4151(237); s. 1, ch. 20830, 1941; s. 14, ch. 23746, 1947; s. 1, ch. 67-256; s. 2, ch. 72-230; s. 2, ch. 77-471; s. 2, ch. 87-52; s. 3, ch. 2021-30.
Note.Former s. 562.10.