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. 561.15

¹561.15 Licenses; qualifications required.—

(1) Licenses shall be issued only to persons of good moral character who are not less than 21 years of age. Licenses to corporations shall be issued only to corporations whose officers are of good moral character and not less than 21 years of age. There shall be no exemptions from the license taxes herein provided to any person, association of persons, or corporation, any law to the contrary notwithstanding.

(2) No license under the Beverage Law shall be issued to any person 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; 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, or keeping a disorderly place or of any criminal violation of chapter 893 or the controlled substance act of any other state or the Federal Government; or who has been convicted in the last past 15 years of any felony in this state or any other state or the United States; or to a corporation, any of the officers of which shall have been so convicted. The term “conviction” shall include an adjudication of guilt on a plea of guilty or nolo contendere or the forfeiture of a bond when charged with a crime.

(3) The division may suspend or revoke the license under the Beverage Law of, or may refuse to issue a license under the Beverage Law to:

(a) Any person, firm, or corporation the license of which under the Beverage Law has been revoked or has been abandoned after written notice that revocation or suspension proceedings had been or would be brought against the license;

(b) Any corporation if an officer, director, or person interested directly or indirectly in the corporation has had her or his license under the Beverage Law revoked or has abandoned her or his license after written notice that revocation or suspension proceedings had been or would be brought against her or his license; or

(c) Any person who is or has been an officer of a corporation, or who was interested directly or indirectly in a corporation, the license of which has been revoked or abandoned after written notice that revocation or suspension proceedings had been or would be brought against the license.

Any license issued to a person, firm, or corporation that would not qualify for the issuance of a new license or the transfer of an existing license may be revoked by the division. However, any company regularly traded on a national securities exchange and not over the counter; any insurer, as defined in the Florida Insurance Code; or any bank or savings and loan association chartered by this state, another state, or the United States which has an interest, directly or indirectly, in an alcoholic beverage license shall not be required to obtain division approval of its officers, directors, or stockholders or any change of such positions or interests. Any such company, insurer, bank, or savings and loan association which has a direct or indirect interest or which has an ownership interest in the business sought to be licensed, but which does not operate that business, may elect to place the license solely in the name of the operator. The operator’s license application shall list the direct, indirect, or ownership interest and the names of the officers, directors, stockholders, or partners of such company, insurer, bank, or association. A shopping center with five or more stores, one or more of which has an alcoholic beverage license and is required under a lease common to all shopping center tenants to pay no more than 10 percent of the gross proceeds of the business holding the license to the shopping center, shall not be considered as having an interest, directly or indirectly, in the license. A performing arts center, as defined in s. 561.01, which has an interest, directly or indirectly, in an alcoholic beverage license is not required to obtain division approval of its volunteer officers or directors or of any change in such positions or interests.

(4) If a corporation is unable to qualify for or continue to hold an alcoholic beverage license because the corporation has been convicted of a felony and the felony conviction is unrelated to any offense against the beverage laws of this state, any other state, or the United States, such conviction will not constitute an absolute bar to the issuance, renewal, or transfer of an alcoholic beverage license to the corporation, or to the continued holding of an alcoholic beverage license by the corporation, if the corporation can demonstrate to the satisfaction of the division, in a public hearing under ss. 120.569 and 120.57, that the corporation has terminated its relationship with any director, officer, employee, or controlling shareholder whose actions directly contributed to the conviction of the corporation. If a corporation is unable to qualify for or continue to hold an alcoholic beverage license because an officer of the corporation has been convicted of an offense enumerated in subsection (2), such conviction will not constitute an absolute bar to the issuance, renewal, or transfer of a license to the corporation, or to the continued holding of an alcoholic beverage license by the corporation, if the corporation can demonstrate to the satisfaction of the division that the corporation has terminated its relationship with the officer so convicted. If any corporation has received a full pardon or restoration of civil rights pursuant to state law with respect to any conviction of a violation of law, the conviction does not constitute an absolute bar to the issuance, renewal, or transfer of a license or grounds for revocation or suspension of a license. The division shall annually report to the offices of the President of the Senate and the Speaker of the House of Representatives all agency actions taken pursuant to the provisions of this subsection.

History.—s. 3, ch. 16774, 1935; CGL 1936 Supp. 4151(229); s. 12, ch. 57-420; s. 1, ch. 61-219; ss. 16, 35, ch. 69-106; s. 1, ch. 72-230; s. 48, ch. 77-121; s. 3, ch. 77-471; s. 1, ch. 80-74; s. 1, ch. 81-166; s. 1, ch. 84-262; s. 2, ch. 85-62; ss. 1, 6, 8, ch. 85-285; s. 1, ch. 89-309; s. 255, ch. 96-410; s. 1178, ch. 97-103; s. 1, ch. 2011-150.

¹Note.—As amended by s. 1, ch. 85-285; s. 6, ch. 85-285, in pertinent part provides that “[i]n the event that a federal court of last resort determines that it is unconstitutional for the Federal Government to withhold transportation funds from the state because the legal age of the sale, consumption, or possession of alcoholic beverages is under 21 years of age or if federal legislation is enacted to allow the drinking age to be lowered or modified from 21 years of age, it is the intent of the Legislature that the amendments to [this section] contained in this act shall be null and void and that [this section reverts] to the language existing . . . on June 30, 1985.”

F.S. 561.15 on Google Scholar

F.S. 561.15 on Casetext

Amendments to 561.15

Arrestable Offenses / Crimes under Fla. Stat. 561.15

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 561.15.

Annotations, Discussions, Cases:

Cases from cite.case.law:

YEOMAN, v. CONSTRUCTION INDUSTRY LICENSING BOARD,, 919 So. 2d 542 (Fla. Dist. Ct. App. 2005)

. . . (racing and jai alai permits); § 561.15(2), Fla. Stat. . . .

C. VETTER, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ELECTRICAL CONTRACTORS LICENSING BOARD,, 920 So. 2d 44 (Fla. Dist. Ct. App. 2005)

. . . See, e.g., §. 561.15(2), Fla. . . .

In L. PETERSEN, IRS, v. L., 312 B.R. 385 (Bankr. N.D. Iowa 2004)

. . . See Iowa Code § § 633.240, 633.236-239, 561.11, 561.12, and 561.15. . . . Iowa Code § 561.15. He may claim the homestead exempt. Iowa Code § 561.4. . . .

KATZ v. WOLTIN, 765 So. 2d 279 (Fla. Dist. Ct. App. 2000)

. . . See §§ 561.15, 561.17, Fla. Stat. (1997); Robbie’s Yum Yum Tree West, Inc. v. . . .

McCOY RESTAURANTS, INC. d b a v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 616 So. 2d 545 (Fla. Dist. Ct. App. 1993)

. . . Section 561.15(3) provides for the revocation of an alcoholic beverage license if the licensee would . . . And section 561.15(2) precludes the issuance of a license if an officer of a corporate licensee has recently . . . Department of Business Regulation, 472 So.2d 1331 (Fla. 3d DCA1985), under section 561.15(2) it is irrelevant . . . Unlike the statutes involved in Shields and Rotstein, section 561.15(2) clearly addresses offenses which . . .

G. W. LIQUORS OF COLLIER, INC. d b a G. W. d b a v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 556 So. 2d 464 (Fla. Dist. Ct. App. 1990)

. . . circumstances surrounding his prior conviction and may give weight to the general policy expressed in section 561.15 . . .

In EPIC ASSOCIATES V,, 62 B.R. 918 (Bankr. E.D. Va. 1986)

. . . . §§ 561.15-561.16 (1985). . . .

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION v. GORMAN, 18 Fla. Supp. 2d 261 (Fla. Div. Admin. Hearings 1986)

. . . 1102 (Fla. 1st DCA 1977), the Court construed the term “moral character,” as it appears in Section 561.15 . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO v. ROGERS d b a CIRCUIT BAR, 21 Fla. Supp. 2d 267 (Fla. Div. Admin. Hearings 1985)

. . . Section 561.15(3), Florida Statutes (1983), authorizes the Division to proceed with disciplinary proceedings . . .

G. G. P. INC. a v. DIVISION OF ALCOHOLIC BEVERAGES TOBACCO,, 479 So. 2d 797 (Fla. Dist. Ct. App. 1985)

. . . See § 561.15(3). . . . automatically entitled to an SRX license unless the owner(s) come under the limiting provisions of § 561.15 . . . Where § 561.15 applies to an owner, such as when an owner has had a license revoked previously, DABT . . .

GUISEPPE PIZZERIA, v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 472 So. 2d 1331 (Fla. Dist. Ct. App. 1985)

. . . The Division, however, rejected the recommendation and denied Porto a license based on section 561.15 . . . Section 561.15(2), Florida Statutes (1981) provides that “[n]o license under the Beverage Law shall be . . . Therefore, the automatic bar of section 561.15(2) still applies. . . . Section 561.15(2), Florida Statutes (1981), authorizes the denial of a license under these circumstances . . .

MR. BUMBLE, INC. v. DIVISION OF ALCOHOLIC BEVERAGES TOBACCO,, 461 So. 2d 223 (Fla. Dist. Ct. App. 1984)

. . . revocation, constitutes an “abandonment” of that license so as to justify revocation under Section 561.15 . . . Therefore, under the purview of Section 561.15(3)(a), Florida Statutes (1981), the Division revoked appellant . . . According to the Division, this action placed appellant in violation of Section 561.15(3)(a), Florida . . . Section 561.15(3)(a), Florida Statutes (1981) provides: (3) The division may suspend or revoke the license . . . appellant returned its alcoholic beverage license constituted an “abandonment” as contemplated by Section 561.15 . . .

HARRY S RESTAURANT LOUNGE, INC. d b a s v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES TOBACCO,, 456 So. 2d 1286 (Fla. Dist. Ct. App. 1984)

. . . of the Division of Alcoholic Beverages and Tobacco which found it guilty of violating § 561.20 and § 561.15 . . . The charge also cited § 561.15(3)(c). . . . The pertinent part of § 561.15(3)(c) provides: Any license issued to a person, firm or corporation that . . .

UNITED STATES v. HAIMOWITZ, L., 725 F.2d 1561 (11th Cir. 1984)

. . . The Florida statutes regulating alcoholic beverage license applications provide in pertinent part: 561.15 . . .

ADULT WORLD, INC. d b a v. STATE DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 408 So. 2d 605 (Fla. Dist. Ct. App. 1981)

. . . Section 561.15 provides that “Licenses to corporations shall be issued only to corporations whose officers . . .

STATE v. A. ZARDON, Jr. A. Sr., 406 So. 2d 61 (Fla. Dist. Ct. App. 1981)

. . . .-43(3) (polygraph examiner); § 550.181(l)(b) (racing or jai alai licensee); § 561.15(2) (alcoholic beverage . . .

In BY FLORIDA BOARD OF BAR EXAMINERS-, 350 So. 2d 1072 (Fla. 1977)

. . . jury); Section 775.13 (registration of convicted felons); Section 97.041(3)(d) (voting); and Section 561.15 . . .

ZEMOUR, INC. v. STATE DIVISION OF BEVERAGE,, 347 So. 2d 1102 (Fla. Dist. Ct. App. 1977)

. . . Section 561.15(1), Florida Statutes, limits the issuance of a beverage license to persons of good moral . . . Section 561.15(2), Florida Statutes, describes certain persons who are automatically excluded from obtaining . . . Beary, 237 So.2d 263 (Fla.lst DCA 1970), this court, in disposing of the contention that Section 561.15 . . . application corporate officer, Edgard Zemour was not believed to be of good moral character, as required by § 561.15 . . . When not one included in the prohibitions of Section 561.15(2), Florida Statutes. . . .

ROBBIE S YUM YUM TREE WEST, INC. v. DIVISION OF BEVERAGE, DEPARTMENT OF BUSINESS REGULATION,, 330 So. 2d 743 (Fla. Dist. Ct. App. 1976)

. . . one Robert Llewellyn, to have a financial interest in the licensed premises in violation of Sections 561.15 . . .

In ADVISORY OPINION OF GOVERNOR CIVIL RIGHTS, 306 So. 2d 520 (Fla. 1975)

. . . firearms); 40.07(1) (jury); 77S.13 (registration of convicted felons); 97.041 [S] (d) (voting); and 561.15 . . .

HUBER DISTRIBUTING COMPANY, INC. a Co. a v. NATIONAL DISTRIBUTING COMPANY, INC. a, 307 So. 2d 176 (Fla. 1974)

. . . Section 561.15, F.S. prescribes the qualifications of persons who may apply pursuant to Section 561.17 . . . Section 561.15, F.S. provides licenses shall be issued only to persons and corporations of good moral . . .

JENKINS, v. E. BEARY,, 241 So. 2d 866 (Fla. Dist. Ct. App. 1970)

. . . was based on a finding that petitioner was not qualified to hold such a license by reason of Section 561.15 . . .

DADE COUNTY, a v. ATLANTIC LIQUOR CO. a, 245 So. 2d 229 (Fla. 1970)

. . . . § 561.15, F.S.A., requires stamps as an incident of possession for all beverage holders except manufacturers . . .

WHITE, v. E. BEARY,, 237 So. 2d 263 (Fla. Dist. Ct. App. 1970)

. . . found in the instant proceeding that Isiah was not of “good moral character” as prescribed in Section 561.15 . . . Section 561.15(1) expressed the legislative intent that persons licensed by the Beverage Division shall . . . Petitioner challenges the constitutionality of Section 561.15(1) primarily upon the contention that it . . .

WILKENFELD, v. D. MEIKLEJOHN,, 216 So. 2d 237 (Fla. Dist. Ct. App. 1968)

. . . person as is within the definition of persons to whom a license should be denied as prescribed by § 561.15 . . . Section 561.15 in the portion material to this case provides that persons who have had any beverage license . . . directly or indirectly interested in this license who is prohibited from obtaining such license by Section 561.15 . . .

FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, v. APOLLO SAVINGS, CHICAGO, ILLINOIS,, 285 F. Supp. 750 (N.D. Ill. 1968)

. . . 20 percent of the amount of its scheduled items (a type of substandard asset as defined in section 561.15 . . . of the Insurance Regulations (12 CFR 561.15)). c. . . .

VARLAS, Jr. v. D. MEIKLEJOHN,, 206 So. 2d 449 (Fla. Dist. Ct. App. 1968)

. . . an -adjudication of guilt made against the plaintiff within the past fifteen years, as intended by 561.15 . . . the Director could have only given his interpretation of whether the plaintiff was in violation of 561.15 . . . the class of persons prohibited from receiving and holding a beverage license within the purview of 561.15 . . . from should be reversed as to plaintiff’s right for a declaratory decree as to his position under F.S. 561.15 . . .

DAMAR CORPORATION, a v. E. LEE, Jr., 155 So. 2d 655 (Fla. Dist. Ct. App. 1963)

. . . Section 561.15, Florida Statutes, F.S.A., specifies that no license under the beverage law shall be issued . . .

In BRUCE CONSTRUCTION CORP. In MIAMI STATION, INC., 217 F. Supp. 926 (D. Fla. 1963)

. . . (b) 47,589.63 — extras 4,141.75 — -extras 100.00 — retainage $58,230.30 — Total Contract 1792 (a) $ 561.15 . . .

STATE OF FLORIDA, DAVID J. HOFFMAN, v. JAMES T. VOCELLE,, 159 Fla. 88 (Fla. 1947)

. . . Section 561.15, Fla. . . .

CONNELL STEAMBOAT COMPANY v. THE UNITED STATES, 58 Ct. Cl. 497 (Ct. Cl. 1923)

. . . Army Transport Service, New York, December 8, 1917. 561.15 From: General Superintendent, Army Transport . . .