Current through Reg. 50, No. 187; September 24, 2024
(1) Definition. A
bottle club is:
(a) A commercial
establishment;
(b) Operated for
profit, whether or not a profit is actually made;
(c) A premises where alcoholic beverages are
not sold but where patrons are allowed to consume alcoholic beverages on the
premises; and,
(d) Located in a
building or other enclosed or covered structure.
(2) The definition of a bottle club does not
include:
(a) Sporting facilities where events
sanctioned by nationally recognized regulatory athletic or sports associations
are held.
(b) Bona fide restaurants
licensed by the Division of Hotels and Restaurants, whose primary business is
the service of full course meals. A public food service establishment licensed
by the Division of Hotels and Restaurants is not conclusive in determining
whether or not a public food service establishment is a bona fide restaurant. A
bona fide restaurant is a premises that holds itself out to be primarily a
restaurant, advertises as a full service restaurant, offers a complete menu as
opposed to snacks or fast food, and meets all of the requirements of Rule
61A-3.0141, F.A.C., except for
the requirement that 51 percent of the gross proceeds come from food and
non-alcoholic beverages.
(c) Hotels
and motels licensed by the Division of Hotels and
Restaurants.
(3)
(a) Owners or operators of bottle clubs must
hold a bottle club license issued by the Division of Alcoholic Beverages and
Tobacco. Applications for a bottle club license shall be made on DBPR ABT-6036,
Division of Alcoholic Beverages and Tobacco Application for Bottle Club License
and Retail Tobacco Products Dealer Permit, incorporated herein by reference and
effective 2-26-91.
(b) A DBR form
42-050, PERSONAL QUESTIONNAIRE BOTTLE CLUBS, incorporated herein by reference
and effective 2-26-91, must be completed by all applicants and persons directly
connected with the business sought to be licensed.
(4) Bottle club licenses are subject to all
of the pertinent laws, rules and regulations relevant to alcoholic
beverages.
(5) Bottle club
licensees may not purchase alcoholic beverages for subsequent sale to patrons
nor may they sell alcoholic beverages to patrons.
(6) Bottle club licensees are subject to all
general, special, and local laws regulating vendors of alcoholic beverages
including laws or ordinances permitting the operation of bottle clubs after the
hours of sale for alcoholic beverages have elapsed.
Rulemaking Authority
561.11,
561.14 FS. Law Implemented
561.14,
562.121
FS.
New 2-26-91, Formerly
7A-3.049.