The 2023 Florida Statutes (including Special Session C)

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 561
BEVERAGE LAW: ADMINISTRATION

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F.S. 561.14

¹561.14 License and registration classification.—Licenses and registrations referred to in the Beverage Law shall be classified as follows:

(1) Manufacturers licensed to manufacture alcoholic beverages and distribute the same at wholesale to licensed distributors and to no one else within the state, unless authorized by statute. Persons engaged in the business of distilling, rectifying, or blending spirituous liquors licensed under s. 565.03(2) shall sell and distribute such beverages at wholesale only to other manufacturers and to licensed distributors and to no one else within this state.

(2) Distributors licensed to sell and distribute alcoholic beverages at wholesale to persons who are licensed to sell alcoholic beverages.

(3) Vendors licensed to sell alcoholic beverages at retail only. No vendor shall purchase or acquire in any manner for the purpose of resale any alcoholic beverages from any person not licensed as a vendor, manufacturer, bottler, or distributor under the Beverage Law. Purchases of alcoholic beverages by vendors from vendors shall be strictly limited to purchases between members of a pool buying group for which the initial purchase of the alcoholic beverages was ordered by a pool buying agent as a single transaction. No vendor shall be a member of more than one cooperative or pool buying group at any time. No vendor shall import, or engage in the importation of, any alcoholic beverages from places beyond the limits of the state.

(4) Brokers or sales agents, whether resident or nonresident, licensed to sell, or to cause to be sold, shipped, and invoiced, alcoholic beverages to licensed manufacturers or licensed distributors, and to no one else, in this state. Such licensed brokers or sales agents, except as relates to malt beverages, only shall represent one or more primary American sources of supply, registered as such with the division, and may be compensated on a commission or remuneration basis and shall have no direct or indirect affiliation with any vendor licensed in this state. This license classification does not include manufacturers’ representatives who are registered with the division under the provisions of ss. 564.045(1) and (2) and 565.095(1) and (2).

(5) Importers, whether resident or nonresident, licensed to sell, or to cause to be sold, shipped, and invoiced, alcoholic beverages to licensed manufacturers or licensed distributors, and to no one else, in this state; provided that the provisions of ss. 564.045 and 565.095 are in no way violated by such imports. Such licensed importers shall have no direct or indirect affiliation with any vendor licensed in this state. The holder of an importer’s license shall be considered as having complied with the licensing requirements of a broker or sales agent. This license classification does not include manufacturers’ representatives who are registered with the division under the provisions of ss. 564.045(1) and (2) and 565.095(1) and (2).

(6) Bottle clubs. It is the finding of the Legislature that bottle clubs are susceptible to a distinct and separate classification under the Beverage Law for purposes of regulating establishments permitting the consumption of alcoholic beverages. Any person operating a bottle club must be licensed pursuant to this chapter and may not hold any other alcoholic beverage license for such premises while licensed as a bottle club. Nothing in this subsection shall be construed to permit the purchase at wholesale or retail of alcoholic beverages for supplying or reselling to the patrons pursuant to a license issued under this chapter. Any such business shall be subject to all general, special, and local laws regulating vendors of alcoholic beverages. Bottle club licenses shall be issued at a fee of $500 annually and shall be renewed in accordance with the schedule set out in ss. 561.26 and 561.27. This subsection shall include bottle clubs in existence on January 1, 1991. The Division of Alcoholic Beverages and Tobacco is hereby authorized to adopt rules to carry out the purposes of this section.

(7) Exporters registered to sell alcoholic beverages.

History.—s. 4, ch. 16774, 1935; CGL 1936 Supp. 4151(230); s. 1, ch. 19499, 1939; s. 2, ch. 25359, 1949; s. 10, ch. 26484, 1951; s. 11, ch. 57-420; s. 1, ch. 63-562; s. 1, ch. 72-230; s. 1, ch. 72-272; s. 5, ch. 79-163; s. 14, ch. 81-158; s. 3, ch. 83-79; s. 1, ch. 85-62; s. 4, ch. 89-361; s. 2, ch. 90-233; s. 6, ch. 91-60; s. 3, ch. 95-346; s. 3, ch. 2013-157.

¹Note.—Section 6(1), ch. 2013-157, provides that “[t]he Legislature declares that it would not have enacted individually the amendments to ss. 565.03 and 561.14, Florida Statutes, and expressly finds the amendments to those provisions not to be severable. If a court of competent jurisdiction determines any provision of those sections as amended by this act to be in conflict with any law of this state, a federal law or regulation, the State Constitution, or the United States Constitution, or to be otherwise invalid for any reason, it is the intent of the Legislature that the amendments to ss. 565.03 and 561.14, Florida Statutes, shall be void, that such invalidity shall void only those changes made by this act to ss. 565.03 and 561.14, Florida Statutes, and that no other law be affected.”

F.S. 561.14 on Google Scholar

F.S. 561.14 on Casetext

Amendments to 561.14

Arrestable Offenses / Crimes under Fla. Stat. 561.14

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 561.14.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In NASSAU COUNTY STRIP SEARCH CASES, 12 F. Supp. 3d 485 (E.D.N.Y. 2014)

. . . Brinckerhoff Partner 172.9 $450.00 $ 77,805.00 Mariann Meier Wang Partner 561.14 450.00 252,513.00 Nina . . .

GESAULDI, D O A. Sr. H. F. v. DAN YANT INC., 6 F. Supp. 3d 264 (E.D.N.Y. 2014)

. . . Other Costs In addition to attorney’s fees and audit costs, plaintiffs claim $561.14 in costs incurred . . .

In RUIZ,, 440 B.R. 197 (Bankr. D. Utah 2010)

. . . petition date: (1) $3,524.99 held at Zions Bank; (2) $73.66 held at Mountain America Credit Union; (3) $561.14 . . .

BAINBRIDGE, E. v. E. TURNER,, 311 F.3d 1104 (11th Cir. 2002)

. . . . § 561.14(3). . . .

FLORIDA DEPARTMENT OF BUSINESS REGULATION v. ZACHY S WINE AND LIQUOR, INC., 125 F.3d 1399 (11th Cir. 1997)

. . . . §§ 561.14, 561.54, 561.57. . . .

HILLSBOROUGH COUNTY, a v. FLORIDA RESTAURANT ASSOCIATION, INC., 603 So. 2d 587 (Fla. Dist. Ct. App. 1992)

. . . See, e.g., § 561.14 (hours of operation in absence of county or municipal ordinance); § 562.45(2)(a) . . .

McKESSON CORPORATION v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, DEPARTMENT OF BUSINESS REGULATION OF FLORIDA,, 496 U.S. 18 (U.S. 1990)

. . . . § 561.14. . . .

PADDINGTON CORPORATION, v. SOUTHERN WINE AND SPIRITS, INC., 397 So. 2d 958 (Fla. Dist. Ct. App. 1981)

. . . Southern Wine and Spirits, Inc., a distributor [as defined in Section 561.14(2), Florida Statutes (1979 . . . requiring The Paddington Corporation as the then manufacturer or representative [as defined in Section 561.14 . . .

TAMPA WHOLESALE LIQUORS, INC. v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, DEPARTMENT OF BUSINESS REGULATION,, 376 So. 2d 1195 (Fla. Dist. Ct. App. 1979)

. . . Alcoholic Beverages and Tobacco which held that Tampa Wholesale was guilty of violations of Sections 561.14 . . .

CASTLEWOOD INTERNATIONAL CORPORATION, v. SIMON, 367 So. 2d 613 (Fla. 1979)

. . . . § 561.14, Fla.Stat. (1977). . . .

BELK- JAMES, INC. a v. A. NUZUM,, 358 So. 2d 174 (Fla. 1978)

. . . . §§ 561.14-.19, Fla.Stat. (1975). . . . .

DIVISION OF BEVERAGE, DEPARTMENT OF BUSINESS REGULATION, v. BONANNI SHIP SUPPLY, INC., 356 So. 2d 308 (Fla. 1978)

. . . declaratory action brought against the Department of Business Regulation, in which it held Section 561.14 . . . Section 561.14(4), which requires exporters such as Bonanni to obtain a license and to comply with the . . . These requirements appear specifically in Sections 561.14(4) (license), 561.37 (bond), 561.41 (inspections . . .

FLORIDA BEVERAGE CORPORATION, INC. v. W. WYNNE, a, 306 So. 2d 200 (Fla. Dist. Ct. App. 1975)

. . . Rule 7A-4.50, supra, was the passage of Chapter 72-272, Laws of Florida, 1972, which amended Section 561.14 . . . obvious purpose of Rule 7A-4.50 is to effectuate the intention and purpose of the legislature in amending 561.14 . . . bears a reasonable relationship to the purposes intended by the Legislature when it amended Section 561.14 . . . This is true because as of the date of its amendment by Chapter 72-272, supra, Section 561.14(3), supra . . .

MAYHUE S SUPER LIQUOR STORE, INC. v. MEIKLEJOHN, As, 426 F.2d 142 (5th Cir. 1970)

. . . Section 561.14 specifies that licensees shall be classified as-(1) manufacturers; (2) distributors; ( . . .

PENSACOLA YACHT CLUB v. STATE BEVERAGE DEPARTMENT,, 30 Fla. Supp. 178 (Escambia Cty. Cir. Ct. 1968)

. . . Subsection (3) of §561.14 defines vendors as “all persons, associations of persons or corporations selling . . .

UNITED STATES v. ACRES OF LAND, MORE OR LESS, IN LOGAN AND FRANKLIN COUNTIES, ARKANSAS, J. W., 255 F. Supp. 427 (W.D. Ark. 1966)

. . . A major portion of the order appears in United States v. 561.14 Acres of Land, etc., (W.D.Ark.1962) 203 . . .

UNITED STATES v. ACRES OF LAND, MORE OR LESS, IN BENTON COUNTY, ARKANSAS, a UNITED STATES v. ACRES OF LAND, MORE OR LESS, IN BENTON AND WASHINGTON COUNTIES, ARKANSAS, C., 244 F. Supp. 831 (W.D. Ark. 1965)

. . . also, United States v. 116.00 Acres of Land, (W.D.Ark.1964) 227 F.Supp. 100, 107; United States v. 561.14 . . .

UNITED STATES v. ACRES OF LAND, MORE OR LESS, IN JOHNSON AND LOGAN COUNTIES, ARKANSAS,, 240 F. Supp. 545 (W.D. Ark. 1965)

. . . United States v. 561.14 Acres of Land, More or Less, in Johnson and Logan Counties, Ark., (W.D.Ark.1962 . . .

UNITED STATES v. ACRES OF LAND, MORE OR LESS, IN BENTON COUNTY, ARKANSAS, UNITED STATES v. ACRES OF LAND, MORE OR LESS, IN BENTON AND WASHINGTON COUNTIES, ARKANSAS,, 226 F. Supp. 829 (W.D. Ark. 1964)

. . . Acres of Land, etc., (W.D.Ark.1963) 220 F.Supp. 893, the court at page 896 referred to United States v. 561.14 . . .

UNITED STATES v. ACRES OF LAND, MORE OR LESS, IN JOHNSON AND LOGAN COUNTIES, ARKANSAS V., 206 F. Supp. 816 (W.D. Ark. 1962)

. . . UNITED STATES of America, Plaintiff, v. 561.14 ACRES OF LAND, MORE OR LESS, IN JOHNSON AND LOGAN COUNTIES . . . under Rule 71 A(h), Fed.R.Civ.P. 28 U.S.C.A., for the reasons stated by the court in United States v. 561.14 . . .

UNITED STATES v. ACRES OF LAND, MORE OR LESS, IN JOHNSON AND LOGAN COUNTIES, ARKANSAS L. UNITED STATES v. ACRES OF LAND, MORE OR LESS, IN JOHNSON AND LOGAN COUNTIES, ARKANSAS J. D. UNITED STATES v. ACRES OF LAND, MORE OR LESS, IN JOHNSON AND LOGAN COUNTIES, ARKANSAS E. G., 30 F.R.D. 512 (W.D. Ark. 1962)

. . . 1962, Commissioners were appointed in Civil No. 1651, for the reasons set forth in United States v. 561.14 . . .

UNITED STATES v. ACRES OF LAND, MORE OR LESS, IN JOHNSON AND LOGAN COUNTIES, ARKANSAS No. V., 203 F. Supp. 673 (W.D. Ark. 1962)

. . . UNITED STATES of America, Plaintiff, v. 561.14 ACRES OF LAND, MORE OR LESS, IN JOHNSON AND LOGAN COUNTIES . . .