Florida Statute 561.17 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 561
BEVERAGE LAW: ADMINISTRATION

View Entire Chapter

F.S. 561.17

561.17 License and registration applications; approved person.—

(1) Any person, before engaging in the business of manufacturing, bottling, distributing, selling, or in any way dealing in alcoholic beverages, shall file, with the district licensing personnel of the district of the division in which the place of business for which a license is sought is located, a sworn application in the format prescribed by the division. The applicant must be a legal or business entity, person, or persons and must include all persons, officers, shareholders, and directors of such legal or business entity that have a direct or indirect interest in the business seeking to be licensed under this part. However, the applicant does not include any person that derives revenue from the license solely through a contractual relationship with the licensee, the substance of which contractual relationship is not related to the control of the sale of alcoholic beverages. Before any application is approved, the division may require the applicant to file a set of fingerprints electronically through an approved electronic fingerprinting vendor or on forms prescribed by the Florida Department of Law Enforcement for herself or himself and for any person or persons interested directly or indirectly with the applicant in the business for which the license is being sought, when required by the division. If the applicant or any person who is interested with the applicant either directly or indirectly in the business or who has a security interest in the license being sought or has a right to a percentage payment from the proceeds of the business, either by lease or otherwise, is not qualified, the division shall deny the application. 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 is not required to obtain the division’s approval of its officers, directors, or stockholders or any change of such positions or interests. 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, is not 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.

(2) All applications for any alcoholic beverage license must be accompanied by proof of the applicant’s right of occupancy for the entire premises sought to be licensed. All applications for alcoholic beverage licenses for consumption on the premises shall be accompanied by a certificate of the Division of Hotels and Restaurants of the Department of Business and Professional Regulation, the Department of Agriculture and Consumer Services, the Department of Health, the Agency for Health Care Administration, or the county health department that the place of business wherein the business is to be conducted meets all of the sanitary requirements of the state.

(3) A transfer of 10 percent of any financial interest, a change of executive officers or directors, or a divestiture or resignation of such interest or position, in a business holding a vendor’s license permitting the sale of any alcoholic beverages regardless of alcoholic content shall be contingent upon the express approval by the division of the persons holding or acquiring such interest or position except for persons exempted in subsection (1).

(4) Any person, before engaging in the business of exporting alcoholic beverages, must file with the district supervisor of the district of the division in which the exporter’s business is located, a registration on forms provided to the district supervisor by the division. An exporter may not register unless she or he has complied with all appropriate federal regulations, including federal permitting regulations.

(5) Any person or entity licensed or permitted by the division, or applying for a license or permit, must create and maintain an account with the division’s online system and provide an e-mail address to the division to function as the primary means of contact for all communication by the division to the licensee, permittee, or applicant. Licensees, permittees, and applicants are responsible for maintaining accurate contact information on file with the division. A person or an entity seeking a license or permit from the division must apply using forms prepared by the division and filed through the division’s online system before engaging in any business for which a license or permit is required. The division may not process an application for an alcoholic beverage license unless the application is submitted through the division’s online system.

History.—s. 2, ch. 16774, 1935; CGL 1936 Supp. 4151(228); s. 5, ch. 22663, 1945; s. 4, ch. 25359, 1949; s. 3, ch. 29786, 1955; s. 14, ch. 57-420; s. 1, ch. 59-316; ss. 16, 19, 35, ch. 69-106; s. 1, ch. 72-230; s. 459, ch. 77-147; s. 2, ch. 77-192; s. 2, ch. 81-166; s. 3, ch. 90-17; s. 7, ch. 91-60; s. 215, ch. 94-218; s. 4, ch. 95-346; s. 841, ch. 97-103; s. 251, ch. 99-8; s. 4, ch. 2000-191; s. 41, ch. 2010-106; s. 2, ch. 2011-150; s. 2, ch. 2017-137; s. 14, ch. 2021-135; s. 19, ch. 2024-178.

F.S. 561.17 on Google Scholar

F.S. 561.17 on Casetext

Amendments to 561.17

Arrestable Offenses / Crimes under Fla. Stat. 561.17

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 561.17.

Annotations, Discussions, Cases:

Cases Citing Statute 561.17

Total Results: 18

Katz v. Woltin

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

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

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

Silver Show Inc. v. Department of Business & Professional Regulation of the State

Court: District Court of Appeal of Florida | Date Filed: 1998-04-22

Citation: 763 So. 2d 348, 1998 Fla. App. LEXIS 4847, 1998 WL 188294

Snippet: discipline proceedings. Compare §§ 120.60(l)-(3) and 561.17, with §§ 120.60(5)-(6) and 561.29, Fla. Stat. (1997)

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

Court: District Court of Appeal of Florida | Date Filed: 1985-06-18

Citation: 472 So. 2d 514, 10 Fla. L. Weekly 1531, 1985 Fla. App. LEXIS 14917

Snippet: application for a beverage license pursuant to Section 561.17, Florida Statutes, and there is no evidence that

Adult World, Inc. v. STATE, ETC.

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

Citation: 408 So. 2d 605

Snippet: accord with the same procedure provided for in ss. 561.17, 561.18, and 561.19, in the case of issuance of

Redwing Enterprises, Inc. v. Division of Alcoholic Beverages & Tobacco

Court: District Court of Appeal of Florida | Date Filed: 1980-07-29

Citation: 386 So. 2d 1255, 1980 Fla. App. LEXIS 17476

Snippet: interested in its operations in violation of Section 561.17(1), Florida Statutes (1977). See, Tony’s Fish Market

Tony's Fish Market of Ft. Lauderdale, Inc. v. State Board of Business Regulation

Court: District Court of Appeal of Florida | Date Filed: 1978-05-04

Citation: 358 So. 2d 125, 1978 Fla. App. LEXIS 15840

Snippet: PER CURIAM. Section 561.17, Florida Statutes (1977), is not unconstitutionally vague. Substantial competent

Wright v. Cade

Court: District Court of Appeal of Florida | Date Filed: 1977-09-16

Citation: 349 So. 2d 833

Snippet: accord with the same procedure provided for in ss. 561.17, 561.18 and 561.19, in the case of issuance of

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-04-30

Snippet: answered in the affirmative. AS TO QUESTION 3: Section 561.17(2), F. S., expressly provides that: All applications

Robbie's Yum Yum Tree West, Inc. v. Division of Beverage, Department of Business Regulation

Court: District Court of Appeal of Florida | Date Filed: 1976-04-28

Citation: 330 So. 2d 743, 1976 Fla. App. LEXIS 15059

Snippet: licensed premises in violation of Sections 561.15 and 561.17, Florida Statutes, and was charged and found to

Huber Distributing Co. v. National Distributing Co.

Court: Supreme Court of Florida | Date Filed: 1974-12-04

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

Snippet: qualifications of persons who may apply pursuant to Section 561.17, F.S. for any type of beverage license to manufacture

Rock Springs Land Co. v. West

Court: District Court of Appeal of Florida | Date Filed: 1973-08-29

Citation: 281 So. 2d 555, 1973 Fla. App. LEXIS 7721

Snippet: the correct balance having been the sum of $2,561.17. The error was not discovered until several months

Westerman v. Shell's City, Inc.

Court: Supreme Court of Florida | Date Filed: 1972-07-19

Citation: 265 So. 2d 43

Snippet: in violation of that provision of Fla. Stat. § 561.17, F.S.A., regarding applications for Florida beverage

Wilkenfeld v. Meiklejohn

Court: District Court of Appeal of Florida | Date Filed: 1968-12-05

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

Snippet: application was filed on August 23, 1967. *239Section 561.17(1), Florida Statutes, F.S.A., provides that: “*

Segal v. Simpson

Court: Supreme Court of Florida | Date Filed: 1960-07-06

Citation: 121 So. 2d 790

Snippet: of the alcoholic beverage law; amending Sections 561.17, 561.18, 561.27 and 561.34, Florida Statutes; setting

Hunter v. Solomon

Court: Supreme Court of Florida | Date Filed: 1954-11-16

Citation: 75 So. 2d 803

Snippet: accord with the same procedure provided for in §§ 561.17, 561.18 and 561.19 of the beverage law, in the

Dade County v. Overstreet

Court: Supreme Court of Florida | Date Filed: 1952-07-11

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

Snippet: convicted of violating the Beverage Act. Section 561.17 provides that any person desiring to engage in

House v. Cotton

Court: Supreme Court of Florida | Date Filed: 1951-04-24

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

Snippet: may by the Beverage Director be revoked. Section 561.17, F.S.A., outlines the method to observe and follow

State v. Vocelle

Court: Supreme Court of Florida | Date Filed: 1947-06-10

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

Snippet: Acts of 1945, Laws of Florida, amending Section 561.17, Fla. Stats. 1941 (FSA), and Section 6 of Chapter