562.13
Employment of minors or certain other persons by certain vendors prohibited; exceptions.
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562.13 Employment of minors or certain other persons by certain vendors prohibited; exceptions.—
(1) Unless otherwise provided in this section, it is unlawful for any vendor licensed under the Beverage Law to employ any person under 18 years of age.
(2) This section shall not apply to:
(a) Professional entertainers 17 years of age who are not in school.
(b) Minors employed in the entertainment industry, as defined by s. 450.012(5), who have either been granted a waiver under s. 450.095 or employed under the terms of s. 450.132 or under rules adopted pursuant to either of these sections.
(c) Persons under the age of 18 years who are employed in drugstores, grocery stores, department stores, florists, specialty gift shops, or automobile service stations which have obtained licenses to sell beer or beer and wine, when such sales are made for consumption off the premises.
(d) Persons 17 years of age or over or any person furnishing evidence that he or she is a senior high school student with written permission of the principal of said senior high school or that he or she is a senior high school graduate, or any high school graduate, employed by a bona fide food service establishment where alcoholic beverages are sold, provided such persons do not participate in the sale, preparation, or service of the beverages and that their duties are of such nature as to provide them with training and knowledge as might lead to further advancement in food service establishments.
(e) Persons under the age of 18 years employed as bellhops, elevator operators, and others in hotels when such employees are engaged in work apart from the portion of the hotel property where alcoholic beverages are offered for sale for consumption on the premises.
(f) Persons under the age of 18 years employed in bowling alleys in which alcoholic beverages are sold or consumed, so long as such minors do not participate in the sale, preparation, or service of such beverages.
(g) Persons under the age of 18 years employed by a bona fide dinner theater as defined in this paragraph, as long as their employment is limited to the services of an actor, actress, or musician. For the purposes of this paragraph, a dinner theater means a theater presenting consecutive productions playing no less than 3 weeks each in conjunction with dinner service on a regular basis. In addition, both events must occur in the same room, and the only advertised price of admission must include both the cost of the meal and the attendance at the performance.
(h) Persons under the age of 18 years who are employed in places of business licensed under s. 565.02(6), provided such persons do not participate in the sale, preparation, or service of alcoholic beverages.
However, a minor who qualifies for one of the exceptions in this subsection may not be employed as or perform as a professional entertainer or otherwise if such employment involves nudity, as defined in s. 847.001, on the part of the minor and such nudity is intended as a form of adult entertainment, or be employed by an adult entertainment establishment, as defined in s. 847.001.
(3)(a) It is unlawful for any vendor licensed under the beverage law to employ as a manager or person in charge or as a bartender any person:
1. 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.
2. 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, keeping a disorderly place, or any felony violation of chapter 893 or the controlled substances act of any other state or the Federal Government.
3. Who has, in the last past 5 years, been convicted of any felony in this state, any other state, or the United States.
The term “conviction” shall include an adjudication of guilt on a plea of guilty or nolo contendere or forfeiture of a bond when such person is charged with a crime.
History.—s. 11, ch. 16774, 1935; CGL 1936 Supp. 4151(237); s. 1, ch. 20830, 1941; s. 1, ch. 22669, 1945; s. 21, ch. 25359, 1949; s. 2, ch. 29964, 1955; s. 1, ch. 57-327; s. 1, ch. 61-429; s. 1, ch. 65-534; s. 1, ch. 67-2208; ss. 16, 35, ch. 69-106; s. 1, ch. 72-183; s. 2, ch. 72-230; s. 1, ch. 73-358; s. 1, ch. 73-365; s. 2, ch. 76-288; s. 1, ch. 77-174; s. 2, ch. 91-60; s. 6, ch. 92-176; s. 52, ch. 95-144; s. 1, ch. 97-44; s. 861, ch. 97-103; s. 5, ch. 2017-137; s. 6, ch. 2024-184.
Notes of Decisions
Cited in 10
cases, 1954–2003 · leading case: Hull & Company, Inc. v. Thomas
Hull & Company, Inc. v. Thomas (2003)
“The bar manager was a convicted felon; section 562.13(3)(a), Florida Statutes (2001) prohibited some convicted felons from being employed as a bartender, person in charge, or manager of a liquor lounge.”
Duncan v. Kasim, Inc. (2002)
“This made her management of the premises illegal, pursuant to section 562.13(3)(a), Florida Statutes. [2] In December 1998, Kasim *970 denied Duncan access to the premises and appropriated all of Duncan's personal property, appliances and fixtures located on the premises.”
State v. Redner (1983)
“If anything, an argument can be made that ordinance 25-9 serves to implement section 562.13(3)(a), Florida Statutes (1981), which prohibits licensed vendors from employing persons with criminal records as manager or bartenders.”
R & R LOUNGE, INC. v. Wynne (1973)
“NOTES [1] F.S. § 562.13, F.S.A. "Employment of minors or certain other persons by certain vendors prohibited.”
White v. Beary (1970)
“advised Westside that Isiah White had failed to meet the qualifications required by law and that Westside must “cease and terminate the employment of the above named person [Isiah White] upon receipt of this notice”, pursuant to the provisions of Section 562.13, Florida…”
Hunter v. Bullington (1954)
“'its employment a person under twenty-one years of age in violation of F.S. § 562.13, F.S.A., Foods," Inc., declined to discharge appellee, absent an order of a court of competent jurisdiction holding that her employment was illegal.”
State v. Altman (1958)
“45, Florida Statutes, providing penalties for violating beverage law; amending Sub-section (3) of Section 562.”
Damar Corp. v. Lee (1963)
“Section 562.13, Florida Statutes, F.S.A., provides that it shall be unlawful for a licensed vendor to knowingly employ any person in the place of business of such vendor who does not meet the qualifications required of licensees.”
G & B of Jacksonville, Inc. v. State, Department of Business Regulation, Division of Beverage (1978)
“The hearing officer concluded that petitioner violated F.S. 562.13 and recommended that a civil penalty in the amount of 0.”
Guthery v. State Beverage Department of Florida (1966)
“The director’s order found that the licensee “or your agents caused or permitted to be employed on your licensed premises certain minors for the purpose of providing entertainment, in violation of § 562.13, Fla.Stat. [F.S.A.]” The pertinent portion of the statute referred to is…”
— 562.13(3)(a) — 3 cases
Hull & Company, Inc. v. Thomas (2003)
“The bar manager was a convicted felon; section 562.13(3)(a), Florida Statutes (2001) prohibited some convicted felons from being employed as a bartender, person in charge, or manager of a liquor lounge.”
Duncan v. Kasim, Inc. (2002)
“This made her management of the premises illegal, pursuant to section 562.13(3)(a), Florida Statutes. [2] In December 1998, Kasim *970 denied Duncan access to the premises and appropriated all of Duncan's personal property, appliances and fixtures located on the premises.”
State v. Redner (1983)
“If anything, an argument can be made that ordinance 25-9 serves to implement section 562.13(3)(a), Florida Statutes (1981), which prohibits licensed vendors from employing persons with criminal records as manager or bartenders.”
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