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Florida Statute 561.15 - Full Text and Legal Analysis
Florida Statute 561.15 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO
Chapter 561
BEVERAGE LAW: ADMINISTRATION
View Entire Chapter
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(a) Any person, firm, or corporation the license of which under the Beverage Law has been revoked or has been abandoned after written notice that revocation or suspension proceedings had been or would be brought against the license;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 CourtListener

Amendments to 561.15


Annotations, Discussions, Cases:

Cases Citing Statute 561.15

Total Results: 21

State v. Vocelle

31 So. 2d 52, 159 Fla. 88, 1947 Fla. LEXIS 689

Supreme Court of Florida | Filed: Jun 10, 1947 | Docket: 3273833

Cited 33 times | Published

par. 21 and 22; 15 R. C. L. 255-6, par. 10. Section 561.15, Fla. Stats. 1941 (FSA), provides that licenses

House v. Cotton

52 So. 2d 340, 1951 Fla. LEXIS 1321

Supreme Court of Florida | Filed: Apr 24, 1951 | Docket: 1407719

Cited 14 times | Published

under the above quoted provisions of the lease. Section 561.15, F.S.A., provides that licenses to sell liquor

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

456 So. 2d 1286

District Court of Appeal of Florida | Filed: Oct 2, 1984 | Docket: 1731952

Cited 4 times | Published

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

In Re Florida Board of Bar Examiners

350 So. 2d 1072

Supreme Court of Florida | Filed: Sep 29, 1977 | Docket: 1757844

Cited 4 times | Published

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

Dade County v. Overstreet

59 So. 2d 862, 1952 Fla. LEXIS 1730

Supreme Court of Florida | Filed: Jul 11, 1952 | Docket: 1249165

Cited 3 times | Published

writ of mandamus stated a prima facie case. Section 561.15, F.S.A., provides that liquor licenses shall

Adult World, Inc. v. STATE, ETC.

408 So. 2d 605

District Court of Appeal of Florida | Filed: Dec 9, 1981 | Docket: 1732574

Cited 2 times | Published

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

Zemour, Inc. v. State Division of Beverage

347 So. 2d 1102, 1977 Fla. App. LEXIS 16255

District Court of Appeal of Florida | Filed: Jul 20, 1977 | Docket: 1290753

Cited 2 times | Published

denying its application for a beverage license. Section 561.15(1), Florida Statutes, limits the issuance of

Wilkenfeld v. Meiklejohn

216 So. 2d 237, 1968 Fla. App. LEXIS 4686

District Court of Appeal of Florida | Filed: Dec 5, 1968 | Docket: 64507475

Cited 2 times | Published

prescribed by § 561.15 * * * then the application shall be denied by the director.” Section 561.15 in the portion

Yeoman v. CILB

919 So. 2d 542, 2005 WL 3487856

District Court of Appeal of Florida | Filed: Dec 22, 2005 | Docket: 1269000

Cited 1 times | Published

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

Jenkins v. Beary

241 So. 2d 866, 1970 Fla. App. LEXIS 5507

District Court of Appeal of Florida | Filed: Dec 15, 1970 | Docket: 64517802

Cited 1 times | Published

qualified to hold such a license by reason of Section 561.15(1), Florida Statutes, F.S.A., which provides

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

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

District Court of Appeal of Florida | Filed: Mar 30, 1993 | Docket: 64695386

Published

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

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

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

District Court of Appeal of Florida | Filed: Jan 31, 1990 | Docket: 64647977

Published

give 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

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

District Court of Appeal of Florida | Filed: Dec 5, 1985 | Docket: 64616050

Published

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

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

District Court of Appeal of Florida | Filed: Jul 23, 1985 | Docket: 64613274

Published

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

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

District Court of Appeal of Florida | Filed: Dec 19, 1984 | Docket: 64608967

Published

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

State v. Zardon

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

District Court of Appeal of Florida | Filed: Nov 17, 1981 | Docket: 64586213

Published

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

Huber Distributing Co. v. National Distributing Co.

307 So. 2d 176, 1974 Fla. LEXIS 4002

Supreme Court of Florida | Filed: Dec 4, 1974 | Docket: 64544033

Published

modification, or conditioning of a license.” Section 561.15, F.S. prescribes the qualifications of persons

Dade County v. Atlantic Liquor Co.

245 So. 2d 229, 1970 Fla. LEXIS 2795

Supreme Court of Florida | Filed: Dec 2, 1970 | Docket: 64519254

Published

distributor for tax collecting efforts; (4) F.S. § 561.15, F.S.A., requires stamps as an incident of possession

White v. Beary

237 So. 2d 263, 1970 Fla. App. LEXIS 6145

District Court of Appeal of Florida | Filed: Jul 2, 1970 | Docket: 64515292

Published

of “good moral character” as prescribed in Section 561.15 because of (1) the above mentioned violation

Varlas v. Meiklejohn

206 So. 2d 449, 1968 Fla. App. LEXIS 6069

District Court of Appeal of Florida | Filed: Feb 1, 1968 | Docket: 64503844

Published

declaratory decree as to his position under F.S. 561.15(2), F. S.A., but affirm as to the court’s order

Damar Corp. v. Lee

155 So. 2d 655

District Court of Appeal of Florida | Filed: Aug 7, 1963 | Docket: 60214519

Published

meet the qualifications required of licensees. Section 561.15, Florida Statutes, F.S.A., specifies that no