Fla. Admin. Code Ann. R. 61A-3.043 - Special Hotel, Motel, Motor Court and Condominium-owned Motor Court Minimum Requirements

(1) All hotel, motel and motor courts holding a license, in addition to quota limitations imposed by Section 561.20(1), F.S., and all hotel, motel, motor courts and condominium-owned motor courts, holding or applying for a license issued under Section 561.20(2), F.S., or any applicable special act must meet and maintain the minimum requirements for bona fide motel, hotel, motor court and condominium-owned motor courts.

(2) The following criteria will be used in determining whether an applicant for a special liquor license is a bona fide hotel, motel, motor court or condominium-owned motel or motor court:

(a) The business must be advertised and held out to the public to be a hotel, motel, motor court or condominium-owned motor court; and,

(b) All State, county and municipal licenses required by law for proper operation, must reflect hotel, motel, motor court or condominium-owned motor court; and,

(c) The premises shall establish and maintain daily, weekly and monthly rates, on all transient guest rooms, required to qualify for special hotel, motel, motor court or condominium-owned motor court license; and,

(d) The premises shall establish and maintain registration records and procedures, and the premises shall supply such services as commonly found in a bona fide hotel, motel, motor court or condominium-owned motor court, such as; linen, maid service, telephone, etc. All utilities such as gas, electric or telephone shall be under the name of the premises and paid for by same; and,

(e) The primary operation of such premises shall be the operation of a bona fide hotel, motel, motor court or condominium-owned motor court, and at all times maintain sufficient equipment for the operation of same, and at no time shall the premises be maintained solely for the purpose of sale and service of alcoholic beverages.

(3) Transient guest means "temporary occupancy" as a transient in a rental unit for less than six (6) months. Indications for determining whether an occupancy is temporary under this rule are as follows:

(a) All parties intend that the occupancy will last no longer than six (6) months from the beginning of the occupancy.

(b) No written document or oral agreement is executed or entered into between the parties, the terms of which clearly indicate an intention to enter into a lease agreement or lease type arrangement that lasts for more than six (6) months.

Notes

Fla. Admin. Code Ann. R. 61A-3.043

Rulemaking Authority 561.11 FS. Law Implemented 561.20 FS.

New 3-1-76, Formerly 7A-3.43, 7A-3.043.

New 3-1-76, Formerly 7A-3.43, 7A-3.043.