562.51
Retail alcoholic beverage establishments; rights as private enterprise.
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562.51 Retail alcoholic beverage establishments; rights as private enterprise.—A licensed retail alcoholic beverage establishment open to the public is a private enterprise and:
(1) May refuse service to any person who is objectionable or undesirable to the licensee, but such refusal of service shall not be on the basis of race, creed, color, religion, sex, national origin, marital status, or physical handicap.
(2)(a) May not refuse service to any person solely because the person is not purchasing alcoholic beverages if that person is the designated driver for one or more persons who are purchasing alcoholic beverages at the establishment.
(b) This subsection does not excuse a retail alcoholic beverage establishment from complying with any applicable municipal or county ordinance regulating the presence of persons under 21 years of age on the premises of any such establishment.
History.—s. 4, ch. 85-285; s. 1, ch. 2007-135.
Notes of Decisions
Cited in 7
cases, 1987–2007 · leading case: Ellis v. NGN of Tampa, Inc.
Ellis v. NGN of Tampa, Inc. (1991)
“As a result of this judicial trend to extend liability towards vendors of alcoholic beverages, the legislature enacted section 562.51, now section 768.125, Florida Statutes (1989).”
Ellis v. NGN of Tampa, Inc. (1990)
“125 was enacted, the legislature numbered it section 562.51, placing it directly after section 562.”
Ranger Ins. Co. v. Bal Harbour Club (1989)
“118 (in RV parks); § 562.51 (in bars); § 641.3102 (in HMOs); chapter 760 (in housing); § 760.”
Bankston v. Brennan (1987)
“As specified in its enacting title, the legislature enacted chapter 80-37, Laws of Florida, "[a]n act relating to the Beverage Law," creating section 562.51, which evidences the fact that the legislature clearly intended this act to be included within chapter 562, Beverage Law:…”
Publix Supermarkets, Inc. v. Austin (1995)
“As a judicial trend developed extending liability towards vendors of alcoholic beverages, the Florida Legislature intervened in 1980 and enacted section 562.51, now codified as section 768.”
Bardy v. WALT DISNEY WORLD COMPANY (1994)
“125 (formerly section 562.51) became effective on May 23, 1980.”
Luque v. Ale House Management, Inc. (2007)
“"As a judicial trend developed extending liability towards vendors of alcoholic beverages, the Florida Legislature intervened in 1980 and enacted section 562.51," which is now codified in section 768.”
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