Florida Statute 562.13 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562
BEVERAGE LAW: ENFORCEMENT

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F.S. 562.13

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.

(b) This subsection shall not apply to any vendor licensed under the provisions of s. 563.02(1)(a) or s. 564.02(1)(a).

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.

F.S. 562.13 on Google Scholar

F.S. 562.13 on Casetext

Amendments to 562.13

Arrestable Offenses / Crimes under Fla. Stat. 562.13

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

S562.13 1 - LIQUOR - ALCOHOL VENDER EMPLOY CERTAIN MINORS SUBSQ OFF - F: T

S562.13 1 - LIQUOR - ALCOHOL VENDER EMPLOY CERTAIN MINORS 1ST VIOL - M: S

S562.13 3 - LIQUOR - EMPLOY FELON AS MANAGER BARTENDER 1ST VIOL - M: S

S562.13 3 - LIQUOR - EMPLOY FELON AS MANAGER BARTEND SUBSQ OFF - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 562.13

Total Results: 13

Hull & Company, Inc. v. Thomas

Court: District Court of Appeal of Florida | Date Filed: 2003-01-08

Citation: 834 So. 2d 904, 2003 WL 48034

Snippet: The bar manager was a convicted felon; section 562.13(3)(a), Florida Statutes (2001) prohibited some

Duncan v. Kasim, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2002-02-01

Citation: 810 So. 2d 968, 2002 Fla. App. LEXIS 957, 2002 WL 125686

Snippet: management of the premises illegal, pursuant to section 562.13(3)(a), Florida Statutes.[2] In December 1998, Kasim

State v. Freund

Court: District Court of Appeal of Florida | Date Filed: 1990-05-14

Citation: 561 So. 2d 305, 1990 WL 11794

Snippet: except a person employed under the provisions of s. 562.13 acting in the scope of his employment, to have

Bankston v. Brennan

Court: Supreme Court of Florida | Date Filed: 1987-05-21

Citation: 507 So. 2d 1385, 55 U.S.L.W. 2679

Snippet: except a person employed under the provisions of s. 562.13 acting in the scope of his employment, to have

State v. Redner

Court: District Court of Appeal of Florida | Date Filed: 1983-01-14

Citation: 425 So. 2d 174

Snippet: that ordinance 25-9 serves to implement section 562.13(3)(a), Florida Statutes (1981), which prohibits

G & B of Jacksonville, Inc. v. State, Department of Business Regulation, Division of Beverage

Court: District Court of Appeal of Florida | Date Filed: 1978-08-30

Citation: 362 So. 2d 959, 1978 Fla. App. LEXIS 16636

Snippet: Armstrong Beard, age 16 years, in violation of 562.13, Florida State Statutes.” *960A hearing was conducted

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: convicted felon in violation of Sections 561.29 and 562.13, Florida Statutes. The hearing officer recommended

R & R LOUNGE, INC. v. Wynne

Court: District Court of Appeal of Florida | Date Filed: 1973-11-27

Citation: 286 So. 2d 13

Snippet: petitioner charging it with violation of F.S. Section 562.13, F.S.A., which makes it unlawful for any licensed

White v. Beary

Court: District Court of Appeal of Florida | Date Filed: 1970-07-02

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

Snippet: notice”, pursuant to the provisions of Section 562.13, Florida Statutes. Rather than request a hearing

Guthery v. State Beverage Department of Florida

Court: District Court of Appeal of Florida | Date Filed: 1966-03-01

Citation: 183 So. 2d 704, 1966 Fla. App. LEXIS 5584

Snippet: purpose of providing entertainment, in violation of § 562.13, Fla.Stat. [F.S.A.]” The pertinent portion of the

Damar Corp. v. Lee

Court: District Court of Appeal of Florida | Date Filed: 1963-08-07

Citation: 155 So. 2d 655

Snippet: one who had been convicted of a felony. Section 562.13, Florida Statutes, F.S.A., provides that it shall

State v. Altman

Court: Supreme Court of Florida | Date Filed: 1958-10-31

Citation: 106 So. 2d 401

Snippet: for package store restrictions; amending Section 562.13, Florida Statutes, prohibiting employment of minors

Hunter v. Bullington

Court: Supreme Court of Florida | Date Filed: 1954-09-24

Citation: 74 So. 2d 673, 1954 Fla. LEXIS 1151

Snippet: twenty-one years of age in violation of F.S. § 562.13, F.S.A., Foods," Inc., declined to discharge appellee