Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 561.01 | Lawyer Caselaw & Research
F.S. 561.01 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 561.01

The 2023 Florida Statutes (including Special Session C)

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO
Chapter 561
BEVERAGE LAW: ADMINISTRATION
View Entire Chapter
F.S. 561.01
561.01 Definitions.As used in the Beverage Law:
(1) “Division” means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation.
(2) “Department” means the Department of Business and Professional Regulation.
(3) “State bonded warehouse” means any licensed warehouse used to store alcoholic beverages.
(4)(a) “Alcoholic beverages” means distilled spirits and all beverages containing one-half of 1 percent or more alcohol by volume.
(b) The percentage of alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with the volume of the remainder of the ingredients as though said remainder ingredients were distilled water.
(5) “Intoxicating beverage” and “intoxicating liquor” mean only those alcoholic beverages containing more than 4.007 percent of alcohol by volume.
(6) “The Beverage Law” means this chapter and chapters 562, 563, 564, 565, 567, and 568.
(7) “Manufacturer” means all persons who make alcoholic beverages except those who make beer or wine for personal or family consumption pursuant to s. 562.165.
(8)(a) “Tax” means all taxes or payments required under the Beverage Law.
(b) “There shall be paid” means “there is hereby levied and imposed and shall be paid.”
(9) “Sale” and “sell” mean any transfer of an alcoholic beverage for a consideration, any gift of an alcoholic beverage in connection with, or as a part of, a transfer of property other than an alcoholic beverage for a consideration, or the serving of an alcoholic beverage by a club licensed under the Beverage Law.
(10) “Discount in the usual course of business” means a cash or spirituous or vinous beverage merchandise discount given pursuant to an agreement made at the time of sale. However, such agreement shall not result in an accrued, accumulated, or retroactive discount. The same discounts shall be offered to all vendors of the same license series or type buying similar quantities. Any discount which is in violation of this section shall be considered an arrangement for financial assistance by gift.
(11) “Licensed premises” means not only rooms where alcoholic beverages are stored or sold by the licensee, but also all other rooms in the building which are so closely connected therewith as to admit of free passage from drink parlor to other rooms over which the licensee has some dominion or control and shall also include all of the area embraced within the sketch, appearing on or attached to the application for the license involved and designated as such on said sketch, in addition to that included or designated by general law. The area embraced within the sketch may include a sidewalk or other outside area which is contiguous to the licensed premises. When the sketch includes a sidewalk or other outside area, written approval from the county or municipality attesting to compliance with local ordinances must be submitted to the division to authorize inclusion of sidewalks and outside areas in licensed premises. The division may approve applications for temporary expansion of the licensed premises to include a sidewalk or other outside area for special events upon the payment of a $100 application fee, stipulation of the timeframe for the special event, and submission of a sketch outlining the expanded premises and accompanied by written approval from the county or municipality as required in this subsection. All moneys collected from the fees assessed under this subsection shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund.
(12) “Special airport license” means a vendor license to sell certain alcoholic beverages only on those airport premises which have been designated in the 1United States National Airport System Plan, 49 U.S.C. s. 1711, as air carrier airports, commuter airports, and reliever airports.
(13) “Airport terminal” means the airport passenger handling facilities or premises publicly owned or leased by a county, municipality, or public authority at airports which have been designated in the 1United States National Airport System Plan, 49 U.S.C. s. 1711, as air carrier airports, commuter airports, and reliever airports.
(14) “Licensee” means a legal or business entity, person, or persons that hold a license issued by the division and meet the qualifications set forth in s. 561.15.
(15) “Bottle club” means a commercial establishment, operated for a profit, whether or not a profit is actually made, wherein patrons consume alcoholic beverages which are brought onto the premises and not sold or supplied to the patrons by the establishment, whether the patrons bring in and maintain custody of their own alcoholic beverages or surrender custody to the establishment for dispensing on the premises, and which is located in a building or other enclosed permanent structure. This definition does not apply to sporting facilities where events sanctioned by nationally recognized regulatory athletic or sports associations are held, bona fide restaurants licensed by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation whose primary business is the service of full course meals, or hotels and motels licensed by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation.
(16) “Exporter” means any person that sells alcoholic beverages to persons for use outside the state and includes a ship’s chandler and a duty-free shop.
(17) “Performing arts center” means a facility consisting of not less than 200 seats, owned and operated by a not-for-profit corporation qualified as an exempt organization under the provisions of s. 501(c)(3) of the Internal Revenue Code of 1986 or of the corresponding section of a subsequently enacted federal revenue act, which is used and occupied to promote development of any or all of the performing, visual, or fine arts or any or all matters relating thereto and to encourage and cultivate public and professional knowledge and appreciation of the arts through:
(a) The preparation, production, public presentation, or public exhibition of dramatic or musical works, dance, opera, motion pictures, television, music, recordings, or works of fine, performing, or visual arts of any nature;
(b) The conducting of lectures, seminars, classes, or workshops for development of skills or techniques related to the practice or appreciation of any or all of these arts;
(c) The broadcast or telecast of the performing or visual arts through whatever means is desirable, including, but not limited to, television, radio, cable, or the latest state-of-the-art media, equipment, or techniques;
(d) The reproduction of the performing, visual, or fine arts through motion pictures, videotapes, video disks, delayed presentations, sound recordings, or whatever in the future becomes a viable means or state-of-the-art;
(e) The provision of banquet, concession, or other on-premises food and alcoholic and nonalcoholic beverage activities;
(f) The conduct of retail activities reasonably related to the other uses of the facility;
(g) The conduct of fundraising activities reasonably related to the arts;
(h) The provision of auxiliary services for performing or visual artists, educators, students, or the public which are necessary or desirable to promote or facilitate the foregoing uses, including, but not limited to, the publication and dissemination of any or all materials related to the foregoing;
(i) The conduct of rehearsals, conventions, meetings, or commercial or other activities; or
(j) Such other activities for the promotion and development of the arts not described in paragraphs (a)-(i) as the not-for-profit corporation determines, provided that no such activity is inconsistent with or otherwise violates any applicable statute, ordinance, or regulation.
(18) “Entertainment/resort complex” means a theme park comprised of at least 25 acres of land with permanent exhibitions and a variety of recreational activities, which has at least 1 million visitors annually who pay admission fees thereto, together with any lodging, dining, and recreational facilities located adjacent to, contiguous to, or in close proximity to the theme park, as long as the owner(s)/operators(s) of the theme park, or a parent or related company or subsidiary thereof, has an equity interest in the lodging, dining, or recreational facilities or is in privity therewith. Close proximity shall include an area within a 5-mile radius of the theme park complex.
(19) “Common carrier” means any person, firm, or corporation that undertakes for hire, as a regular business, the transportation of persons or commodities from place to place, offering its services to all who choose to employ it and pay its charges.
(20) For purposes of license qualification pursuant to s. 561.20(2)(a)1. the term “historic structure” means a structure that is listed on the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, or is within and contributes to a registered historic district pursuant to 26 U.S.C. s. 48(g)(3)(B), or has been found to meet the criteria of historical significance of the Division of Historical Resources of the Department of State, as certified by that division or by a locally established historic preservation board or commission, or like body, which has been granted authority to designate historically significant properties by the jurisdiction within which the hotel or motel is located.
(21) “Railroad transit station” means a platform or a terminal facility where passenger trains operating on a guided rail system according to a fixed schedule between two or more cities regularly stop to load and unload passengers or goods. The term includes a passenger waiting lounge and dining, retail, entertainment, or recreational facilities within the licensed premises owned or leased by the railroad operator or owner.
History.s. 13, ch. 16774, 1935; CGL 1936 Supp. 4151(239); s. 1, ch. 18015, 1937; ss. 1, 3A, ch. 19301, 1939; CGL 1940 Supp. 4151(271a,n); s. 1, ch. 21839, 1943; s. 1, ch. 25359, 1949; s. 4, ch. 28149, 1953; s. 1, ch. 29786, 1955; s. 1, ch. 57-420; s. 1, ch. 63-32; s. 1, ch. 67-73; ss. 16, 35, ch. 69-106; s. 213, ch. 71-377; s. 1, ch. 72-230; s. 4, ch. 77-421; s. 1, ch. 78-133; s. 27, ch. 79-4; s. 1, ch. 80-339; s. 2, ch. 80-365; s. 1, ch. 81-158; s. 1, ch. 86-269; s. 1, ch. 90-233; s. 5, ch. 91-60; s. 1, ch. 92-176; s. 1, ch. 92-205; s. 7, ch. 93-220; s. 1, ch. 97-165; s. 7, ch. 97-213; s. 1, ch. 99-216; s. 1, ch. 99-362; s. 3, ch. 2000-191; s. 2, ch. 2016-190; s. 13, ch. 2021-135.
1Note.49 U.S.C. ss. 1711 et seq., were repealed by Pub. L. No. 97-248, Title V, s. 523(a), 96 Stat. 695.

F.S. 561.01 on Google Scholar

F.S. 561.01 on Casetext

Amendments to 561.01


Arrestable Offenses / Crimes under Fla. Stat. 561.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 561.01.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SWEET SAGE CAF LLC, LLC, LLC, v. TOWN OF NORTH REDINGTON BEACH, FLORIDA,, 380 F. Supp. 3d 1209 (M.D. Fla. 2019)

. . . business which is licensed and regulated by the Florida Beverage Law as defined in Florida Statutes § 561.01 . . . business which is licensed and regulated by the Florida Beverage Law as defined in Florida Statutes § 561.01 . . .

SOO LINE RAILROAD COMPANY, a v. WERNER ENTERPRISES, 825 F.3d 413 (8th Cir. 2016)

. . . . § 561.01 (“Anything which is injurious to health, or indecent or offensive to the senses, or an obstruction . . .

EBERT, v. GENERAL MILLS, INC., 48 F. Supp. 3d 1222 (D. Minn. 2014)

. . . . § 561.01 (2012). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES REPORT NO., 146 So. 3d 1110 (Fla. 2014)

. . . . § 561.01(h), Fla. Stat. . . . volume of the remainder of the ingredients as though the remainder ingredients were distilled water. § 561.01 . . . consideration, or the serving of an alcoholic beverage by a club licensed under the Beverage Law. § 561.01 . . .

SOO LINE RAILROAD COMPANY, a v. WERNER ENTERPRISES,, 8 F. Supp. 3d 1130 (D. Minn. 2014)

. . . . § 561.01. . . .

FOUNDERS INSURANCE COMPANY, v. TOME, N., 878 F. Supp. 2d 1266 (M.D. Fla. 2012)

. . . Next, Defendant’s citation to a Florida statute, section 561.01(11), which provides' an expansive definition . . . Stat. 561.01. . . . .

MINCH FAMILY LLLP, v. ESTATE OF I. NORBY N. I., 652 F.3d 851 (8th Cir. 2011)

. . . the Minch Family’s claims for trespass and nuisance, “a liability created by” Minnesota Statutes § 561.01 . . .

JPM INVESTMENT GROUP, INC. v. BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS,, 818 So. 2d 595 (Fla. Dist. Ct. App. 2002)

. . . . § 561.01(4).” § 6.1. . . .

J. FRITSCH, v. ROCKY BAYOU COUNTRY CLUB, INC., 799 So. 2d 433 (Fla. Dist. Ct. App. 2001)

. . . Stat. (1997); § 561.01(14), Fla. . . . Ap-pellee is a “person.” § 561.01(14), Fla. Stat. (1997); see Russo v. . . .

UNION PACIFIC RAILROAD COMPANY, v. REILLY INDUSTRIES, INC., 4 F. Supp. 2d 860 (D. Minn. 1998)

. . . . § 561.01. Ah owner of a nonpos-sessory estate can-recover in an action for private nuisance. . . .

D. LHOTKA, v. UNITED STATES, 114 F.3d 751 (8th Cir. 1997)

. . . . § 561.01. Highview North Apartments v. . . .

STATE v. MANFREDONIA D., 649 So. 2d 1388 (Fla. 1995)

. . . The percentage of alcohol by volume shall be determined in accordance with the provisions of s. 561.01 . . .

SAVE OUR HEALTH ORGANIZATION, a s a a a a RAL III a d b a v. RECOMP OF MINNESOTA, INC. a, 829 F. Supp. 288 (D. Minn. 1993)

. . . . § 561.01. . . .

AMERICAN COMPUTER TRUST LEASING, v. JACK FARRELL IMPLEMENT CO. AMERICAN COMPUTER TRUST LEASING, v. BOERBOOM INTERNATIONAL, INC., 763 F. Supp. 1473 (D. Minn. 1991)

. . . . § 561.01. . . . Minn.Stat. § 561.01. . . . IH’s motion for summary judgment on the nuisance claim is also granted because Minn.Stat. § 561.01 specifically . . .

UNITED STATES v. J. MARSHALL, UNITED STATES v. L. CHAPMAN, M., 908 F.2d 1312 (7th Cir. 1990)

. . . . §§ 561.01, 562.451. . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, v. COST PLUS IMPORTS OF TAMPA BAY, INC. d b a, 513 So. 2d 763 (Fla. Dist. Ct. App. 1987)

. . . charge to persons renting a limousine constitutes a sale of alcoholic beverages pursuant to section 561.01 . . . Section 561.01(9) defines the term “sale” as follows: “Sale” and “sell” mean any transfer of an alcoholic . . .

INTERNATIONAL FOOD BEVERAGE SYSTEMS, a v. CITY OF FORT LAUDERDALE, a, 664 F. Supp. 482 (S.D. Fla. 1987)

. . . . §§ 561.01-.68 (1987). . . .

EASTERN AIR LINES, INC. v. HILLSBOROUGH COUNTY AVIATION AUTHORITY,, 454 So. 2d 1076 (Fla. Dist. Ct. App. 1984)

. . . At the time the Eastern Lease was executed, the Florida Beverage Law, sections 561.01, et seq., Florida . . .

PETERSON v. DEPARTMENT OF BUSINESS REGULATION,, 451 So. 2d 983 (Fla. Dist. Ct. App. 1984)

. . . intent of the above section requires consideration of the following definitional provision of Section 561.01 . . . We believe that the intent of Section 561.19(2), when read together with Section 561.01(14), is that . . .

In JENKINS CLINIC HOSPITAL FOUNDATION, INC. JENKINS CLINIC HOSPITAL FOUNDATION, INC. v. DOTSON, Jr. JENKINS CLINIC HOSPITAL FOUNDATION, INC. v. SIMPSON,, 18 B.R. 873 (Bankr. E.D. Tenn. 1982)

. . . Musgrave seeking judgment in the amount of $6,246,-561.01, and against Dr. . . .

WINE INDUSTRY OF FLORIDA, INC. v. G. MILLER,, 609 F.2d 1167 (5th Cir. 1980)

. . . . § 561.01(10). . . .

TAMPA WHOLESALE LIQUORS, INC. v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, DEPARTMENT OF BUSINESS REGULATION,, 376 So. 2d 1195 (Fla. Dist. Ct. App. 1979)

. . . AGENCY DIRECTOR’S CONCLUSIONS OF LAW The term “sale” is defined pursuant to Section 561.01(9), Florida . . .

CASTLEWOOD INTERNATIONAL CORPORATION, a v. SIMON, As, 596 F.2d 638 (5th Cir. 1979)

. . . . § 561.01 et seq. . . . F.S.A. § 561.01(10). . . .

CASTLEWOOD INTERNATIONAL CORPORATION, v. SIMON, 367 So. 2d 613 (Fla. 1979)

. . . Before 1963, a “discount in the usual course of business” was defined by Section 561.01(13), Florida . . . See Bureau of Alcohol, Tobacco and Firearms Rulings 74-6 and 75-5. . § 561.01(10), Fla.Stat. (1977), . . .

CASTLEWOOD INTERNATIONAL CORPORATION, a v. SIMON,, 564 F.2d 695 (5th Cir. 1977)

. . . . §§ 561.01 et seq. . . . The term “discounts in the usual course of business” is defined in F.S.A. § 561.01(10) to mean: a cash . . .

CASTLEWOOD INTERNATIONAL CORPORATION, a v. SIMON,, 404 F. Supp. 88 (S.D. Fla. 1975)

. . . Section 561.01(10) of Title XXXII of the Florida Code defines the terms “discount in the usual course . . .

FLORIDA BEVERAGE CORPORATION, INC. v. W. WYNNE, a, 306 So. 2d 200 (Fla. Dist. Ct. App. 1975)

. . . Section 561.01(10), Florida Statutes, provides, in pertinent part, that “the same discounts shall be . . .

CASTLEWOOD INTERNATIONAL CORPORATION, a v. WYNNE, a, 305 So. 2d 773 (Fla. 1974)

. . . In 1943, via Chapter 21839, Laws of Florida, then § 561.01, amended various statutes including § 561.01 . . . Under § 561.01, F.S., its definitive construction of the words “alcoholic beverages” is termed to mean . . .

ROLLING GREENS COUNTRY CLUB, a v. A. R. BRAUTIGAM,, 255 So. 2d 693 (Fla. Dist. Ct. App. 1971)

. . . . § 561.01(12), F.S.A. . . .

MUSLEH, d b a s v. FULTON DISTRIBUTING COMPANY OF FLORIDA, 254 So. 2d 815 (Fla. Dist. Ct. App. 1971)

. . . . § 561.01(13), F.S.A. . F.S. § 561.01(13), F.S.A. . . .

PENSACOLA YACHT CLUB v. STATE BEVERAGE DEPARTMENT,, 30 Fla. Supp. 178 (Escambia Cty. Cir. Ct. 1968)

. . . Subsection (12) of §561.01 dealing with definitions under the beverage administration laws of Florida . . . Subsection (9) of §561.01 declares that the term “beverage law” shall refer to chapters 561, 562, 567 . . . and each, must be considered in pari materia with the provisions of §561.34(6). supra, because of §561.01 . . .

POLSTON, v. STATE, 137 So. 2d 602 (Fla. Dist. Ct. App. 1962)

. . . refers to certain sections of Chapter 561, Fla.Stat., F.S.A., while Section 1 thereof amends Section 561.01 . . .

R. A. M. v. C. B. A. v., 32 T.C. 104 (T.C. 1959)

. . . determined that the partnership for its fiscal year ended August 31, 1952, had ordinary net income of $561.01 . . .

W. v. L. v., 31 T.C. 1199 (T.C. 1959)

. . . determined that the partnership for its fiscal year ended August 31,1952, had ordinary net income of $561.01 . . .

J. FISH E. v. HANNA COAL AND ORE CORP. a, 164 F. Supp. 870 (D. Minn. 1958)

. . . Minnesota Statutes Annotated § 561.01 defines a nuisance to be: “Anything which is injurious to health . . .

LANE, v. STATE, 99 So. 2d 609 (Fla. 1958)

. . . . § 561.01 et seq. by manufacturing and having in his possession moonshine whiskey and has appealed from . . .

K. R. SHIPBAUGH, v. CITY OF SARASOTA, a, 94 So. 2d 728 (Fla. 1957)

. . . to any applicant for consumption or sale of liquor as defined under the Laws of Florida, Section ■ 561.01 . . .

JONES, d b a d b a d b a d b a d b a s d b a d b a s v. CITY OF SARASOTA, a, 89 So. 2d 346 (Fla. 1956)

. . . attack Ordinance No. 729, which purports to regulate “liquor” establishments are defined by Section 561.01 . . .

J. ABOOD, s v. CITY OF JACKSONVILLE, a, 80 So. 2d 443 (Fla. 1955)

. . . . § 561.01 et seq., which was passed in the same session but subsequent to the aforesaid Chapter 25919 . . .

STATE v. ELLIS, 6 Fla. Supp. 151 (Pinellas Cty. Cir. Ct. 1955)

. . . . §§ 561.01, 561.06, 561.09, 561.29, 561.35, enacted subsequent to the decision in Brown v. . . .

R. WARREN, J. H. Jr. B. A. M. R. a R. F. B. M. D. a v. STATE FOUR FORTY,, 76 So. 2d 485 (Fla. 1954)

. . . . § 561.01 et seq. . . .

THE CITY OF MIAMI, FLORIDA, a v. STATE OF FLORIDA, WADELL L. SHEHAN, 158 Fla. 56 (Fla. 1946)

. . . Secs. 561.01 et seq., 562.01 et seq. “In our view, this question was answered by us in William D. . . . Secs. 561.01 et seq. and 562.01 et seq., was considered and decided by us in Mechlow v. . . .