AB 127 — Relating to: the face-to-face requirement for retail sales of alcohol beverages and remote orders for the sale of alcohol beverages to be delivered or picked up on retail licensed premises. (FE)

Bill Text

• Bill Text View text Current pdf

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill allows for online or telephone sales of alcohol to be picked up or delivered, overriding local regulations on such sales.

• 125.272

  a retail license issued under s. 125.25 or 125.26, and a retail permit issued under s. 125.27, authorizes only face-to-face sales to consumers at the premises described in the retail license or permit. → a retail license issued under s. 125.25 or 125.26, and a retail permit issued under s. 125.27, authorizes face-to-face sales to consumers at the premises described in the retail license or permit, as well as online or telephone sales for pickup or delivery in accordance with s. 125.272 (2) and (3).

  This change expands the authorization for retail licenses to include online or telephone orders for pickup or delivery.

• 125.25 (3)

  Class “A” licenses shall particularly describe the premises for which issued and are not transferable, except under s. 125.04 (12). A Class “A” license is subject to revocation for violation of any of the terms or provisions thereof. → Class “A” licenses shall particularly describe the premises for which issued and are not transferable, except under s. 125.04 (12). A Class “A” license is subject to revocation for violation of any of the terms or provisions thereof; however, the licensed premises may include parking spaces associated with the structure described as licensed premises.

  This change allows licensed premises to include parking spaces associated with the licensed structure.

• 125.51 (2) (c)

  A “Class A” license shall particularly describe the premises for which issued and are not transferable, except as provided in s. 125.04 (12). → A “Class A” license shall particularly describe the premises for which issued and are not transferable, except as provided in s. 125.04 (12) and may include parking spaces associated with the structure described as licensed premises.

  This change allows parking spaces associated with a licensed structure to be included as part of the premises.

• 125.20

  The department shall issue alcohol delivery permits to retail licensees, delivery services under common ownership with retail licensees, and third-party delivery services, allowing them to deliver alcohol beverages in connection with remote orders.

  This creates a new alcohol delivery permit allowing retailers and delivery services to handle remote alcohol orders.

• 125.07 (1) (b) 7.

  If a licensee processes and fills a remote delivery order in reliance on the customer's assertion that the customer has attained the legal drinking age and delivery is made by a third-party delivery service, the licensee is not subject to any penalty under this paragraph.

  This provides liability protection for licensees when alcohol is delivered by authorized third-party services.

Action History

1. April 15, 2024

   Failed to pass pursuant to Senate Joint Resolution 1

2. April 06, 2023

   Fiscal estimate received

3. March 24, 2023

   Read first time and referred to Committee on State Affairs

4. March 24, 2023

   Introduced by Representatives Duchow, Myers, J. Anderson, Bare, Behnke, Clancy, Hong, Joers, Kitchens, Macco, Madison, Rodriguez, Schmidt, Spiros, Stubbs, Zimmerman and Haywood; cosponsored by Senators Stroebel, Roys, Ballweg, Bradley, Feyen and Nass

Sponsors

• Cindi Duchow · Primary
• Myers · Primary
• Mike Bare · Primary
• Elijah Behnke · Primary
• Ryan Clancy · Primary
• Francesca Hong · Primary
• Alex Joers · Primary
• Joel Kitchens · Primary
• Macco · Primary
• Darrin Madison · Primary
• Jessie Rodriguez · Primary
• Schmidt · Primary
• John Spiros · Primary
• Shelia Stubbs · Primary
• Shannon Zimmerman · Primary
• Kalan Haywood · Primary
• Clinton Anderson · Primary

Subjects