Florida Statute 561.15 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 561
BEVERAGE LAW: ADMINISTRATION

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F.S. 561.15

¹561.15 Licenses; qualifications required.—

(1) Licenses shall be issued only to persons of good moral character who are not less than 21 years of age. Licenses to corporations shall be issued only to corporations whose officers are of good moral character and not less than 21 years of age. There shall be no exemptions from the license taxes herein provided to any person, association of persons, or corporation, any law to the contrary notwithstanding.

(2) A license under the Beverage Law may not be issued to any person who has been convicted within the last past 5 years of any offense against the beverage laws of this state, the United States, or any other state; who has been convicted within the last past 5 years in this state or any other state or the United States of soliciting for prostitution, pandering, letting premises for prostitution, or keeping a disorderly place or of any criminal violation of chapter 893 or the controlled substance act of any other state or the Federal Government; or who has been convicted in the last past 10 years of any felony in this state or any other state or the United States; or to a corporation, any of the officers of which have been so convicted. The term “conviction” includes an adjudication of guilt on a plea of guilty or nolo contendere or the forfeiture of a bond when charged with a crime.

(3) The division may suspend or revoke the license under the Beverage Law of, or may refuse to issue a license under the Beverage Law to:

(a) Any person, firm, or corporation the license of which under the Beverage Law has been revoked or has been abandoned after written notice that revocation or suspension proceedings had been or would be brought against the license;

(b) Any corporation if an officer, director, or person interested directly or indirectly in the corporation has had her or his license under the Beverage Law revoked or has abandoned her or his license after written notice that revocation or suspension proceedings had been or would be brought against her or his license; or

(c) Any person who is or has been an officer of a corporation, or who was interested directly or indirectly in a corporation, the license of which has been revoked or abandoned after written notice that revocation or suspension proceedings had been or would be brought against the license.

Any license issued to a person, firm, or corporation that would not qualify for the issuance of a new license or the transfer of an existing license may be revoked by the division. However, any company regularly traded on a national securities exchange and not over the counter; any insurer, as defined in the Florida Insurance Code; or any bank or savings and loan association chartered by this state, another state, or the United States which has an interest, directly or indirectly, in an alcoholic beverage license shall not be required to obtain division approval of its officers, directors, or stockholders or any change of such positions or interests. Any such company, insurer, bank, or savings and loan association which has a direct or indirect interest or which has an ownership interest in the business sought to be licensed, but which does not operate that business, may elect to place the license solely in the name of the operator. The operator’s license application shall list the direct, indirect, or ownership interest and the names of the officers, directors, stockholders, or partners of such company, insurer, bank, or association. A shopping center with five or more stores, one or more of which has an alcoholic beverage license and is required under a lease common to all shopping center tenants to pay no more than 10 percent of the gross proceeds of the business holding the license to the shopping center, shall not be considered as having an interest, directly or indirectly, in the license. A performing arts center, as defined in s. 561.01, which has an interest, directly or indirectly, in an alcoholic beverage license is not required to obtain division approval of its volunteer officers or directors or of any change in such positions or interests.

(4) If a corporation is unable to qualify for or continue to hold an alcoholic beverage license because the corporation has been convicted of a felony and the felony conviction is unrelated to any offense against the beverage laws of this state, any other state, or the United States, such conviction will not constitute an absolute bar to the issuance, renewal, or transfer of an alcoholic beverage license to the corporation, or to the continued holding of an alcoholic beverage license by the corporation, if the corporation can demonstrate to the satisfaction of the division, in a public hearing under ss. 120.569 and 120.57, that the corporation has terminated its relationship with any director, officer, employee, or controlling shareholder whose actions directly contributed to the conviction of the corporation. If a corporation is unable to qualify for or continue to hold an alcoholic beverage license because an officer of the corporation has been convicted of an offense enumerated in subsection (2), such conviction will not constitute an absolute bar to the issuance, renewal, or transfer of a license to the corporation, or to the continued holding of an alcoholic beverage license by the corporation, if the corporation can demonstrate to the satisfaction of the division that the corporation has terminated its relationship with the officer so convicted. If any corporation has received a full pardon or restoration of civil rights pursuant to state law with respect to any conviction of a violation of law, the conviction does not constitute an absolute bar to the issuance, renewal, or transfer of a license or grounds for revocation or suspension of a license. The division shall annually report to the offices of the President of the Senate and the Speaker of the House of Representatives all agency actions taken pursuant to the provisions of this subsection.

History.—s. 3, ch. 16774, 1935; CGL 1936 Supp. 4151(229); s. 12, ch. 57-420; s. 1, ch. 61-219; ss. 16, 35, ch. 69-106; s. 1, ch. 72-230; s. 48, ch. 77-121; s. 3, ch. 77-471; s. 1, ch. 80-74; s. 1, ch. 81-166; s. 1, ch. 84-262; s. 2, ch. 85-62; ss. 1, 6, 8, ch. 85-285; s. 1, ch. 89-309; s. 255, ch. 96-410; s. 1178, ch. 97-103; s. 1, ch. 2011-150; s. 18, ch. 2024-178.

¹Note.—As amended by s. 1, ch. 85-285; s. 6, ch. 85-285, in pertinent part provides that “[i]n the event that a federal court of last resort determines that it is unconstitutional for the Federal Government to withhold transportation funds from the state because the legal age of the sale, consumption, or possession of alcoholic beverages is under 21 years of age or if federal legislation is enacted to allow the drinking age to be lowered or modified from 21 years of age, it is the intent of the Legislature that the amendments to [this section] contained in this act shall be null and void and that [this section reverts] to the language existing . . . on June 30, 1985.”

F.S. 561.15 on Google Scholar

F.S. 561.15 on Casetext

Amendments to 561.15

Arrestable Offenses / Crimes under Fla. Stat. 561.15

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 561.15.

Annotations, Discussions, Cases:

Cases Citing Statute 561.15

Total Results: 20

City of Miami v. Cortes

Court: District Court of Appeal of Florida | Date Filed: 2008-11-19

Citation: 995 So. 2d 604, 2008 WL 4922913

Snippet: enforcement officer. See Acree v. State, 153 Fla. 561, 15 So.2d 262 (1943) (concluding that the right to

Yeoman v. CILB

Court: District Court of Appeal of Florida | Date Filed: 2005-12-22

Citation: 919 So. 2d 542, 2005 WL 3487856

Snippet: 1815(1)(b)1., Fla. Stat. (racing and jai alai permits); § 561.15(2), Fla. Stat. (alcoholic beverage licenses); §

Vetter v. Department of Business & Professional Regulation, Electrical Contractors' Licensing Board

Court: District Court of Appeal of Florida | Date Filed: 2005-12-14

Citation: 920 So. 2d 44, 2005 Fla. App. LEXIS 19712, 2005 WL 3408050

Snippet: to engage in certain occupations. See, e.g., §. 561.15(2), Fla. Stat. (2004) (disqualifying persons convicted

Katz v. Woltin

Court: District Court of Appeal of Florida | Date Filed: 2000-08-16

Citation: 765 So. 2d 279, 2000 WL 1154054

Snippet: his daughter could legally own the stock. See §§ 561.15, 561.17, Fla. Stat. (1997); Robbie's Yum Yum Tree

Muben-Lamar, LP v. Department of Revenue

Court: District Court of Appeal of Florida | Date Filed: 2000-04-20

Citation: 763 So. 2d 1209, 2000 WL 423459

Snippet: paid documentary stamp tax in the amount of $207,561.15. Muben-Lamar later sought a refund of the taxes

McCoy Restaurants, Inc. v. Department of Business Regulation, Division of Alcoholic Beverages & Tobacco

Court: District Court of Appeal of Florida | Date Filed: 1993-03-30

Citation: 616 So. 2d 545, 1993 Fla. App. LEXIS 3611, 1993 WL 88655

Snippet: provisions of chapter 561, Florida Statutes. Section 561.15(3) provides for the revocation of an alcoholic

Jackson v. State

Court: Supreme Court of Florida | Date Filed: 1991-01-18

Citation: 575 So. 2d 181, 1991 WL 6535

Snippet: continuance. See, e.g., Acree v. State, 153 Fla. 561, 15 So.2d 262 (Fla. 1943). We also find meritless Jackson's

G.W. Liquors of Collier, Inc. v. Department of Business Regulation, Division of Alcoholic Beverages & Tobacco

Court: District Court of Appeal of Florida | Date Filed: 1990-01-31

Citation: 556 So. 2d 464, 1990 Fla. App. LEXIS 591, 1990 WL 7622

Snippet: weight to the general policy expressed in section 561.15, Florida Statutes (1985). Therefore, we reverse

G.G.P., Inc. v. Division of Alcoholic Beverages & Tobacco

Court: District Court of Appeal of Florida | Date Filed: 1985-12-05

Citation: 479 So. 2d 797, 10 Fla. L. Weekly 2686, 1985 Fla. App. LEXIS 17195

Snippet: another special beverage license in the future. See § 561.15(3). A business which meets the criteria of 561

Guiseppe Pizzeria v. Department of Business Regulation, Division of Alcoholic Beverages & Tobacco

Court: District Court of Appeal of Florida | Date Filed: 1985-07-23

Citation: 472 So. 2d 1331, 1985 Fla. App. LEXIS 15104, 10 Fla. L. Weekly 1787

Snippet: recommendation and denied Porto a license based on section 561.15(2), Florida Statutes (1981). The Division contends

Mr. Bumble, Inc. v. Division of Alcoholic Beverages & Tobacco

Court: District Court of Appeal of Florida | Date Filed: 1984-12-19

Citation: 461 So. 2d 223, 9 Fla. L. Weekly 2656, 1984 Fla. App. LEXIS 16344

Snippet: license so as to justify revocation under Section 561.15(3)(a), Florida Statutes (1981). We conclude that

Harry's Rest. v. Dept. of Bus. Reg.

Court: District Court of Appeal of Florida | Date Filed: 1984-10-02

Citation: 456 So. 2d 1286

Snippet: which found it guilty of violating § 561.20 and § 561.15(3)(c), Florida Statutes, and Florida Administrative

Webb v. State

Court: Supreme Court of Florida | Date Filed: 1983-04-14

Citation: 433 So. 2d 496

Snippet: judicial discretion. See Acree v. State, 153 Fla. 561, 15 So.2d 262 (Fla. 1943); Matera v. State, 218 So

Eason v. State

Court: District Court of Appeal of Florida | Date Filed: 1982-10-26

Citation: 421 So. 2d 35

Snippet: 2d 22, 24 (Fla. 1974); Acree v. State, 153 Fla. 561, 15 So.2d 262 (1943). While there was conflicting evidence

Adult World, Inc. v. STATE, ETC.

Court: District Court of Appeal of Florida | Date Filed: 1981-12-09

Citation: 408 So. 2d 605

Snippet: show an absence of agency proceedings. Section 561.15 provides that "Licenses to corporations shall be

State v. Zardon

Court: District Court of Appeal of Florida | Date Filed: 1981-11-17

Citation: 406 So. 2d 61, 1981 Fla. App. LEXIS 21675

Snippet: 550.181(l)(b) (racing or jai alai licensee); § 561.15(2) (alcoholic beverage licensee); § 648.45(1)(e)

Glades General Hospital v. Louis ex rel. Louis

Court: District Court of Appeal of Florida | Date Filed: 1981-09-16

Citation: 411 So. 2d 1318, 1981 Fla. App. LEXIS 21088

Snippet: trial court’s action. Aeree v. State, 153 Fla. 561, 15 So.2d 262 (1943). Several matters support the exercise

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-03-10

Snippet: license, permit, or certificate is sought), and s. 561.15(2), F. s. (no license may be issued under the Beverage

Griffin v. State

Court: District Court of Appeal of Florida | Date Filed: 1977-10-11

Citation: 350 So. 2d 567, 1977 Fla. App. LEXIS 16972

Snippet: discretion of the trial court. Acree v. State, 153 Fla. 561, 15 So.2d 262 (1943). We cannot find, from the record

In Re Florida Board of Bar Examiners

Court: Supreme Court of Florida | Date Filed: 1977-09-29

Citation: 350 So. 2d 1072

Snippet: felons); Section 97.041(3)(d) (voting); and Section 561.15 (beverage license), Florida Statutes (1975). It