Florida Administrative Code
61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
61A - Division of Alcoholic Beverages and Tobacco
Chapter 61A-3 - VENDORS AND LICENSEES
Section 61A-3.017 - Management, Operation and Responsibility Licensed Premises

Universal Citation: FL Admin Code R 61A-3.017

Current through Reg. 50, No. 187; September 24, 2024

(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 for services performed, for and in behalf of a licensee, under the exclusive control and direction of the latter. It do not include a lessee, an independent contractor or any person employed by collateral agreement to independently manage and control the said business on the licensed premises.

(3) Indicia for determining whether a purported managerial contract conforms to this rule are as follows:

(a) The licensee must retain control of the operation of the business.

(b) Salary or wages must be paid by the licensee to the manager or employee for conduct of the business under the ultimate direction of the former.

(c) Social Security and Workers' Compensation coverage must be paid and accounted for by the licensee.

(d) The licensee must be responsible for all debts of the business and legally entitled to all incomes therefrom. All alcoholic beverages for the business must be purchased in the licensee's behalf and under the license covering the premises.

(e) The licensed premises must be operated for all purposes in the name of the licensee or his legal trade name as distinguished from the name or names of any other person or persons.

(f) The licensee must be responsible for all conduct of the business and the license involved must be subject to suspension and revocation for any illegal acts committed on the premises or under the beverage law.

(g) Complete ultimate authority for the hiring and dismissal of all employees on the premises must rest with the licensee.

(h) The licensee must be primarily responsible for the rent, utilities and insurance covering the premises, and all other incidental expenses occasioned in the operation of the business.

(i) The licensee must remain at all times responsible for the maintenance and proper operation of equipment on the premises.

(j) The contract must contemplate the formation of the relationship of principal and agent between the licensee and the employee within the limits defined and implied by the contract.

(k) A contract wherein the so-called employee or manager pays a fixed sum to the licensee whether from net profits or not would not create the employer-employee relationship as contemplated by the rule.

(4) Any agreement woven in such language so as to clothe or disguise the true character of a contract either as a lease or a managerial contract will be shorn in order to effect the intent and purpose of the law and rule in this regard. The Pole Star which will guide the Division in determining whether or not a purported agreement is a bona fide managerial contract as distinguished from a lease will depend upon who has ultimate over-all control and direction of the licensed premises under the terms of the agreement.

(5) All agreements concerning ownership or operation of an alcoholic beverage license shall be attached to and submitted with each new or transfer application for a license, including, but not limited to, management agreements, options to purchase, and retailer franchise agreements. Any such agreements coming into existence following the issuance of a new or transfer license shall be submitted to the Division within ten (10) days of execution.

Rulemaking Authority 561.11 FS. Law Implemented 561.17(1), 561.29(1), 562.13 FS.

Formerly 12-19-74, Amended 1-3-76, Formerly 7A-3.17, Amended 4-15-87, Formerly 7A-3.017.

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