Petrogram - Fall 2008 - (Page 26)
FEATURE Alcohol Beverages & Tobacco questions Regulation: and rs By John J. Harris Governmental Consultant, Grayrobinson, P.A. answe T he Division of Alcoholic Beverages & Tobacco is the agency responsible for licensing persons dealing in alcohol and/or tobacco products at the manufacturing, wholesaling and retailing levels; collecting all alcohol and tobacco excise taxes due the state, which are typically collected from the state’s licensed wholesalers of these products; enforcing the state’s alcohol beverage and tobacco products laws and administrative rules; maintaining official state records as required by law; and adopting state policies by formal rules as required by Florida’s Administrative Procedures Act (Chapter 120, Florida Statutes). As the primary agency overseeing and supervising alcohol and tobacco, the division has the responsibility of establishing rules and implementing laws passed by the Legislature for the industry to follow. The division recently adopted many new rules relating to trade practices governed by Section 561.41, Florida Statutes. These rules generally prohibit manufacturers and wholesalers from having any direct or indirect interest in a retailer’s business by giving gifts, loans of money or property, or rebates to licensed retailers. Since these rules directly affect your business dealings with alcohol beverage suppliers, you should take the time to review them to assure that your current business practices are in compliance with the new division. Liquor Package Stores Most convenience store operators sell beer and wine at their stores; however, very few, if any, have expanded into the distilled spirits business. There are many state policies governing the sale of distilled spirits, but none would prohibit convenience store operators from establishing a liquor package store next door to their convenience store operation. 26 | Petrogram | Fall 2008 Q A These types of licenses are called “quota” licenses, and they are issued by the state every year based on projected population increases. Every 10 years, the “quota” licenses are adjusted based on oﬃcial U.S. Census Bureau Figures of population in each Florida county. Quota licenses are issued by the division using a double-random drawing process, and each year the application period is opened to anyone wishing to apply. Another way to obtain a quota license is to purchase one from a current owner, since these types of licenses have a property right attached, and in Florida, unlike many other states, these licenses continue their existence unless revoked by the division. Prices for quota licenses vary depending on the number available, historic selling prices and other factors similar to real estate pricing. The range of prices for quota licenses in Florida could be from $25,000 to $500,000-plus. Because every business has to constantly determine the best use of its property for return on investment, a convenient liquor package store may be an added revenue opportunity for convenience store owners. Questions and Answers Q. I HAVE HEARD THAT THE FLORIDA DIVISION OF ALCOHOLIC BEVERAGES & TOBACCO IS NO LONGER REQUIRING FINGERPRINT CARDS FROM APPLICANTS FOR LICENSES OR CHANGES OF PRINCIPALS IN ACTIVE LICENSED ENTITIES. IS THAT TRUE? A. Not exactly. The division will no longer accept paper ﬁngerprint cards; however, the division continues to require ﬁngerprinting. Anyone required to be ﬁngerprinted under the division’s administrative rules must now submit a receipt demonstrating that he or she was electronically ﬁ ngerprinted by the division’s new contract provider. This new www.fpma.org
Table of Contents for the Digital Edition of Petrogram - Fall 2008
Petrogram - Fall 2008
Welcome, New Board Members
Getting the Message Out There
Spotlight on FPMA's 2008 Convention & Trade Show!
Out & About the Industry
Alcohol Beverages & Tobacco Regulation: Questions and Answers
Hedging 101: Part II
What Owners Should Know
The Price-Gouging Statute
Conference of Committees Registration Form
Index of Advertisers
Petrogram - Fall 2008
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