Fla. Admin. Code Ann. R. 61A-1.006 - Definitions

(1) As used in Section 565.045, F.S., the term "place of business" shall include all interior rooms, or areas which are directly connected by interior openings or doorways from the space where alcoholic beverages are sold, delivered, consumed, or stored. It shall not include common areas used by patrons to enter buildings or malls with more than two places of business. Common areas shall not be considered rooms or areas of the licensed place of business if they are not leased to any tenant occupying the building and are not used as part of any occupant's business.

(2) As used in Sections 561.20(2)(a)4., and (2)(b), F.S., the term "restaurant" shall include all interior rooms or areas which are directly connected by interior openings or doorways from the place where food is delivered, stored, prepared, served, or sold. It shall not include common areas used by patrons to enter buildings or malls with more than two places of business, or hotels, motels, motor courts, and condominium accommodations which are licensed as a vendor. Common areas shall not be considered rooms or areas of the licensed place of business if they are not leased to any tenant occupying the building and are not used as part of any occupant's business.

(3) The term "package store" shall mean a licensed place of business where alcoholic beverages are sold in the original sealed containers as received from the distributor for consumption off the premises only.

(4) The term "single transaction" as used in the Division's rules means any single order given on any day and does not mean accumulated orders on a day-to-day basis. When used with reference to malt beverage sales, the term "single transaction" means any single order given on any day and delivered to one licensed location or to one permitted off premises storage warehouse on a single day during the calendar week.

(5) The term "manufacturer" shall mean any person, business enterprise, political subdivision of a government, receiver, trustee, or liquidating agent who makes alcoholic beverages in this country or any place outside the boundaries of the United States of America for distribution to any vendor licensed by the state.

(6) The term "military, naval, or air force reservation" as used in Sections 563.05, 564.06, and 565.12, F.S., shall mean any building, group of buildings, or land under the jurisdiction of the Secretary of Defense or Secretary of the United States of America Military Department.

(a) Prior to making excise tax exempt sales, a licensed Florida distributor must have written notice of reservation status from the most senior officer or his designee in charge of the reservation.

(b) Military, naval, or air force reservations shall be exempt from any licensing or registration requirements set forth in Chapters 561, 562, 563, 564, and 565, F.S..

(c) The Coast Guard shall be included in a military reservation since it is a military service and a branch of the armed service of the United States at all times (14 USCS § 1).

(7) The term "conviction" shall mean any person who has been adjudicated guilty by any court in this state, or any other state, or the United States regardless of any pending appeals.

(8) The term "person" shall not mean a corporation that owns part or all of the stock of an applicant corporation or licensed corporation; however, it does include officers, directors, and shareholders of such a shareholder corporation.

(9) The terms "wine and liquor" as used with trade discounts shall mean wine and spirituous liquors but not malt beverages.

(10) The term "liquors" as used in credit sales of alcoholic beverages by distributors to any vendor shall mean malt beverages, wine, or spirituous beverages.

Notes

Fla. Admin. Code Ann. R. 61A-1.006

Rulemaking Authority 561.11 FS. Law Implemented 559.791, 561.01(10), (11), (14), 561.14(1), 561.15, 561.17, 561.19, 561.20(2)(a), (b), (e), 561.29, 561.42(2)-(6), 562.452, 563.02, 563.05, 564.02, 564.06, 565.02, 565.045, 565.10, 565.12 FS.

Formerly 12-19-74, Formerly 7A-1.06, 7A-1.006, Amended 12-20-94, 1-20-97.

Repromulgated 12-19-74, Formerly 7A-1.06, 7A-1.006, Amended 12-20-94, 1-20-97.