561.17 License and registration applications;
approved person. ---
(1) Any person, before engaging in the business of manufacturing,
bottling, distributing, selling, or in any way dealing in alcoholic beverages,
shall file, with the district supervisor of the district of the division in
which the place of business for which a license is sought is located, a sworn
application in duplicate on forms provided to the district supervisor by the
division. Prior to any application being approved, the division may require
the applicant to file a set of fingerprints on regular United States
Department of Justice forms for himself and for any person or persons
interested directly or indirectly with the applicant in the business for which
the license is being sought, when so required by the division. If the
applicant or any person who is interested with the applicant either directly
or indirectly in the business or who has a security interest in the license
being sought or has a right to a percentage payment from the proceeds of the
business, either by lease or otherwise, is not qualified, the application
shall be denied by the division. However, any company regularly traded on a
national securities exchange and not over the counter; any insurer, as defined
in the Florida Insurance Code; or any bank or savings and loan association
chartered by this state, another state, or the United States which has an
interest, directly or indirectly, in an alcoholic beverage license shall not
be required to obtain division approval of its officers, directors, or
stockholders or any change of such positions or interests. A shopping center
with five or more stores, one or more of which has an alcoholic beverage
license and is required under a lease common to all shopping center tenants to
pay no more than 10 percent of the gross proceeds of the business holding the
license to the shopping center, shall not be considered as having an interest,
directly or indirectly, in the license.
(2) All applications for alcoholic beverage licenses for
consumption on the premises shall be accompanied by a certificate of the
Division of Hotels and Restaurants of the Department of Business and
Professional Regulation or the Department of Agriculture and Consumer Services
or the Department of Health and Rehabilitative Services or the county health
department that the place of business wherein the business is to be conducted
meets all of the sanitary requirements of the state.
(3) A transfer of 10 percent of any financial interest, a change
of executive officers or directors, or a divestiture or resignation of such
interest or position, in a business holding a vendor's license permitting the
sale of any alcoholic beverages regardless of alcoholic content shall be
contingent upon the express approval by the division of the persons holding or
acquiring such interest or position except for persons exempted in subsection
(1).
(4) Any person, before engaging in the business of exporting
alcoholic beverages, must file with the district supervisor of the district of
the division in which the exporter's business is located, a registration on
forms provided to the district supervisor by the division. An exporter may
not register unless he has complied with all appropriate federal regulations,
including federal permitting regulations.
History: s. 2, ch. 16774, 1935; CGL 1936 Supp. 4151(228); s. 5, ch. 22663, 1945;
s. 4, ch. 25359, 1949; s. 3, ch. 29786, 1955; s. 14, ch. 57-420; s. 1, ch.
59-316; ss. 16, 19, 35, ch. 69-106; s. 1, ch. 72-230; s. 459, ch. 77-147; s.
2, ch. 77-192; s. 2, ch. 81-166; s. 3, ch. 90-17; s. 7, ch. 91-60; s. 215, ch.
94-218; s. 4, ch. 95-346.