Florida Statutes

Fla. Stat. § 562.14 (2025)

Regulating the time for sale of alcoholic and intoxicating beverages; prohibiting use of licensed premises.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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562.14 Regulating the time for sale of alcoholic and intoxicating beverages; prohibiting use of licensed premises.—

(1) Except as otherwise provided by county or municipal ordinance, no alcoholic beverages may be sold, consumed, served, or permitted to be served or consumed in any place holding a license under the division between the hours of midnight and 7 a.m. of the following day. This section shall not apply to railroads selling only to passengers for consumption on railroad cars.

(2) Except as otherwise provided by county or municipal ordinance, no vendor issued an alcoholic beverage license to sell alcoholic beverages for consumption on the vendor’s licensed premises and whose principal business is the sale of alcoholic beverages, shall allow the licensed premises, as defined in s. 561.01(11), to be rented, leased, or otherwise used during the hours in which the sale of alcoholic beverages is prohibited. However, this prohibition shall not apply to the rental, lease, or other use of the licensed premises on Sundays after 8 a.m. Further, neither this subsection, nor any local ordinance adopted pursuant to this subsection, shall be construed to apply to a theme park complex as defined in s. 565.02(6) or an entertainment/resort complex as defined in s. 561.01(18).

(3) The division shall not be responsible for the enforcement of the hours of sale established by county or municipal ordinance.

(4) Any person violating this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 11, ch. 16774, 1935; CGL 1936 Supp. 4151(237); s. 1, ch. 20830, 1941; ss. 1-4, ch. 21944, 1943; s. 1, ch. 22605, 1945; s. 16, ch. 23746, 1947; s. 1, ch. 57-327; ss. 16, 35, ch. 69-106; s. 566, ch. 71-136; s. 2, ch. 72-230; s. 21, ch. 79-11; s. 3, ch. 97-165.

Arrestable Offenses under F.S. 562.14

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§562.14(2)LIQUORALCOHOL VIOL ALLOW PREM TO BE USED AFTER HOURSM · 2nd

§562.14(2)LIQUORALLOW PREMISES USED AFTER HOURS SUBSQ OFFF · 3rd

§562.14LIQUOR-SELLAFTER HOURSM · 2nd

§562.14LIQUOR-SELLAFTER HOURS SUBSQ OFFF · 3rd

Notes of Decisions

Cited in 20 cases, 1953–2012 · leading case: Vill. Saloon v. Div. of Alcoholic Bev., 463 So. 2d 278 (Fla. 1st DCA 1984).

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Vill. Saloon v. Div. of Alcoholic Bev., 463 So. 2d 278 (Fla. 1st DCA 1984). · cites it 21× “They appeal final orders of the Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, assessing them with a civil penalty for selling alcoholic beverages after the legal hours of sale permitted by section 562.14, Florida Statutes. The two cases involve…”

Makos v. Prince, 64 So. 2d 670 (Fla. 1953). · cites it 14× “Subsections 1 and 4 of section 562.14, Florida Statutes 1951, F.”

State Beverage Dep't v. Ernal, Inc., 115 So. 2d 566 (Fla. 3d DCA 1959). · cites it 8× “Essentially respondent was accused of selling whiskey during prohibited hours on Sunday, June 9, 1957, and with permitting consumption of whiskey or gin on the premises on the same Sunday; in violation of § 562.14, Fla. Stat., F.S.A. The licensee *568 sought relief from an order…”

Vill. of North Palm Beach v. S & H Foster's, Inc., 80 So. 3d 433 (Fla. 4th DCA 2012). · cites it 8× “Section 562.14, Florida Statutes (2010), provides in pertinent part: (1) Except as otherwise provided by county or municipal ordinance, no alcoholic beverages may be sold, consumed, served, or permitted to be served or consumed in any place holding a license under the division…”

Silver Rose Entertain. v. Clay Cnty., 646 So. 2d 246 (Fla. 1st DCA 1994). · cites it 4× “At the hearing for the first time, as a separate basis for relief, appellants urged that the County has no authority to regulate the days on which purveyors of alcoholic beverages may open for business, on account of section 562.14, Florida Statutes (1993). Even though this…”

Wednesday Night, Inc. v. City of Fort Lauderdale, 272 So. 2d 502 (Fla. 1972). · cites it 10× “The trial court entered a final judgment finding: "Section 562.14, Florida Statutes [F.S.A.] and so much of Ordinance C-70-34 of the City of Fort Lauderdale as limits the hours of sale of alcoholic beverages, be and they are hereby declared to be valid, constitutional, and…”

Jennings v. State, 667 So. 2d 442 (Fla. 1st DCA 1996). · cites it 4× “"); § 562.14, Fla. Stat. (1993) (regulating the sale of alcohol "between the hours of midnight and 7 a.”

Other Place of Miami, Inc. v. City of Hialeah Gardens, 353 So. 2d 861 (Fla. 3d DCA 1977). · cites it 4× “Subsequently, by public referendum, on September 7, 1976 the City's charter was amended to provide for the regulation of hours of sale of alcoholic beverages by ordinance as authorized by Section 562.14, Florida Statutes (1975). Subsequently, the City council enacted ordinances…”

Playpen South, Inc. v. City of Oakland Park, 396 So. 2d 830 (Fla. 4th DCA 1981). · cites it 2× “With regard to appellant's right to the relief requested, Section 562.14, Florida Statutes (1979), authorizes municipalities to establish hours for establishments dispensing alcoholic beverages.”

City of Pompano Beach v. Big Daddy's, Inc., 375 So. 2d 281 (Fla. 1979). · cites it 3× “14, Florida Statutes (1975) permits a municipality to reasonably regulate the hours of sale of alcoholic beverages, and the legislative body of a municipality has a full measure of proper legislative discretion in the enactment of such regulatory ordinances.”

BMZ CORP. v. City of Oakland Park, 415 So. 2d 735 (Fla. 4th DCA 1982). · cites it 2× “Such delay seems not only consistent with the right of a city pursuant to section 562.14, Florida Statutes (1979), to establish by ordinance the hours when alcoholic beverages can be sold but also with appellant's rights for the balance of the license year, which ended on…”

Moheb, Inc. v. City of Miami, Florida, 756 F. Supp. 2d 1370 (S.D. Fla. 2010). · cites it 2× “Although the Defendant cites several cases interpreting Fla. Stat. § 562.14 , which concerns the regulation of alcohol sales by municipalities, 4 neither Party has presented any case law interpreting Miami Code of Ordinances, Sec.”

Show all 20 citing cases →

— 562.14(1) — 6 cases

Vill. Saloon v. Div. of Alcoholic Bev., 463 So. 2d 278 (Fla. 1st DCA 1984). “They appeal final orders of the Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, assessing them with a civil penalty for selling alcoholic beverages after the legal hours of sale permitted by section 562.14, Florida Statutes. The two cases involve…”

Vill. of North Palm Beach v. S & H Foster's, Inc., 80 So. 3d 433 (Fla. 4th DCA 2012). “Section 562.14, Florida Statutes (2010), provides in pertinent part: (1) Except as otherwise provided by county or municipal ordinance, no alcoholic beverages may be sold, consumed, served, or permitted to be served or consumed in any place holding a license under the division…”

Jennings v. State, 667 So. 2d 442 (Fla. 1st DCA 1996). “"); § 562.14, Fla. Stat. (1993) (regulating the sale of alcohol "between the hours of midnight and 7 a.”

Makos v. Prince, 64 So. 2d 670 (Fla. 1953). “Subsections 1 and 4 of section 562.14, Florida Statutes 1951, F.”

City of Pompano Beach v. Big Daddy's, Inc., 375 So. 2d 281 (Fla. 1979). “14, Florida Statutes (1975) permits a municipality to reasonably regulate the hours of sale of alcoholic beverages, and the legislative body of a municipality has a full measure of proper legislative discretion in the enactment of such regulatory ordinances.”

— 562.14(2) — 2 cases

Silver Rose Entertain. v. Clay Cnty., 646 So. 2d 246 (Fla. 1st DCA 1994). “At the hearing for the first time, as a separate basis for relief, appellants urged that the County has no authority to regulate the days on which purveyors of alcoholic beverages may open for business, on account of section 562.14, Florida Statutes (1993). Even though this…”

Pensacola Yacht Club v. State Beverage Dep't, 30 Fla. Supp. 178 (Fla. Cir. Ct., Escambia Cty. 1968).

— 562.14(3) — 5 cases

Wednesday Night, Inc. v. City of Fort Lauderdale, 272 So. 2d 502 (Fla. 1972). “The trial court entered a final judgment finding: "Section 562.14, Florida Statutes [F.S.A.] and so much of Ordinance C-70-34 of the City of Fort Lauderdale as limits the hours of sale of alcoholic beverages, be and they are hereby declared to be valid, constitutional, and…”

Makos v. Prince, 64 So. 2d 670 (Fla. 1953). “Subsections 1 and 4 of section 562.14, Florida Statutes 1951, F.”

South Daytona Restaurants, Inc. v. City of South Daytona, 186 So. 2d 78 (Fla. 1st DCA 1966).

City of Pensacola v. Christie, 20 Fla. Supp. 66 (Fla. Cir. Ct., Escambia Cty. 1962).

Pensacola Yacht Club v. State Beverage Dep't, 30 Fla. Supp. 178 (Fla. Cir. Ct., Escambia Cty. 1968).

— 562.14(4) — 1 case

Makos v. Prince, 64 So. 2d 670 (Fla. 1953). “Subsections 1 and 4 of section 562.14, Florida Statutes 1951, F.”

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