Fla. Admin. Code Ann. R. 61A-1.020 - Sale of Alcoholic Beverages to Agents for Consumers

(1) The division shall not consider anyone to be selling alcoholic beverages in violation of Section 562.12, F.S., provided the person is an agent or employee of the consumer. All alcoholic beverages purchased by a person for off-premises consumption must be purchased from a licensed vendor that is authorized to sell packaged goods.

(2) A person will be considered an agent for a consumer if the following procedures are followed:

(a) The person is provided the total amount of money from a consumer to purchase alcoholic beverages on their behalf and does not add any cost to the alcoholic beverages purchased. The consumer's money must be in the possession of the purchaser and used to pay for all of the alcoholic beverages at the time of purchase.

(b) The person is provided authorization to charge the consumer's purchase to the consumer's account or credit card, and does so at the time of purchase.

(c) The person picks up and delivers alcoholic beverages which the consumer ordered and prepaid to the licensed vendor by cash or credit.

(3) The person separately bills a consumer for delivery charges, set-ups, food, bartending, and any services provided, but does not commingle the purchase of alcoholic beverages with the services provided unless the person has a license authorizing the package sale of the alcoholic beverages purchased. The person shall not invoice a consumer for alcoholic beverages but may use the authorized alcoholic beverage vendor's invoice to provide the consumer an accounting of the prices and quantities of alcoholic beverages purchased for the consumer.

(4) A food caterer licensed by the Division of Hotels and Restaurants will be considered an agent for a consumer if the following procedures are adhered to:

(a) The licensed food caterer takes the order from the consumer to purchase alcoholic beverages in his/her behalf from a licensed vendor, and purchases the alcoholic beverages indicated on the order. The licensed food caterer shall not commingle the alcoholic beverages with any other alcoholic beverages.

(b) The licensed food caterer invoices the customer for the alcoholic beverages. A copy of the original customer order form and a copy of the licensed vendor receipt must be attached to the invoice. The licensed food caterer may not charge a customer any amount different than that shown on the licensed vendor receipt. Notwithstanding this subsection, licensed food caterers may separately bill a consumer for delivery charges, setups, food, bartending, and other services provided.

(c) If the licensed vendor accepts unused and unopened alcoholic beverages, the licensed food caterer may, on behalf of the consumer, receive a credit or reimbursement from the licensed vendor. Any such credit or reimbursement shall be reflected as such on an invoice provided by the food caterer to the customer with a copy of the licensed vendor's receipt attached thereto.

(d) Each food service caterer shall maintain and keep for a period of three years such records of alcoholic beverages provided by the caterer acting as an agent for a consumer. Such records shall include customer orders, invoices, and licensed vendor receipts.

Notes

Fla. Admin. Code Ann. R. 61A-1.020

Rulemaking Authority 561.11 FS. Law Implemented 562.12, 561.01 FS.

New 8-1-93, Amended 7-5-95.

New 8-1-93, Amended 7-5-95.