565.04

Package store restrictions.

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565.04 Package store restrictions.—

(1) Vendors licensed under s. 565.02(1)(a) shall not in said place of business sell, offer, or expose for sale any merchandise other than such beverages, and such places of business shall be devoted exclusively to such sales; provided, however, that such vendors shall be permitted to sell bitters; grenadine; nonalcoholic mixer-type beverages, not to include fruit juices produced outside this state; fruit juices produced in this state; home bar and party supplies and equipment, including but not limited to glassware and party-type foods; miniatures of no alcoholic content; nicotine products; and tobacco products. Such places of business shall have no openings permitting direct access to any other building or room, except to a private office or storage room of the place of business from which patrons are excluded.

(2) Notwithstanding any other law, when delivering alcoholic beverages to a vendor licensed under s. 565.02(1)(a), a licensed distributor may transport the beverages through another premises owned in whole or in part by the vendor.

History.—s. 11, ch. 16774, 1935; CGL 1936 Supp. 4151(237); s. 1, ch. 20830, 1941; s. 13, ch. 23746, 1947; s. 1, ch. 29964, 1955; s. 1, ch. 57-327; s. 1, ch. 65-143; s. 1, ch. 67-257; s. 5, ch. 72-230; s. 9, ch. 2016-190; s. 9, ch. 2023-211; s. 48, ch. 2024-2.

Note.—Former s. 562.09.

Notes of Decisions

Cited in 2 cases, 1978–2017 · leading case: Skaggs-Albertson's v. ABC Liquors, Inc.

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Skaggs-Albertson's v. ABC Liquors, Inc. (1978) fla · cites it 2× “However, petitioner created the liquor store to have its own entrance with no access from the liquor to the main grocery store pursuant to Section 565.04, Florida Statutes (1975), which requires *1084 that package stores be devoted exclusively to the sale of alcoholic beverages…”

Retail Liquor Ass'n v. Oklahoma Alcoholic Beverage Laws Enforcement Commission (2017) okwd “See Fla. Stat. § 565.04 . While Florida’s system might benefit retail liquor stores, it is not for the Court “to judge the wisdom, fairness, or logic of legislative choices.”

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