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. 561.32

561.32 Transfer of licenses; change of officers or directors; transfer of interest.—

(1) Licenses issued under the provisions of the Beverage Law shall not be transferable except as follows:

(a) When a licensee has made a bona fide sale of the business which he or she is so licensed to conduct, he or she may obtain a transfer of such license to the purchaser of the business, provided the application of the purchaser is approved by the division in accordance with the same procedure provided for in ss. 561.17, 561.18, 561.19, and 561.65.

(b) A person holding a lien against an alcoholic beverage license may have his or her rights enforced in a judicial proceeding, subject to the rights of lienholders set forth in s. 561.65. However, any person having a security interest in an alcoholic beverage license is deemed to be interested indirectly in such license; and he or she shall be disclosed to the division and shall be subject to the qualifications of the Beverage Law as a precondition to the enforcement of the security interest. The foreclosure of a security interest or judicial transfer of a license shall not prevent the division from suspending the license or imposing a civil penalty against the licensee of record that held the license at the time of the Beverage Law violation. However, should the division obtain a revocation of the license against the previous licensee of record, the revocation shall be effective only to impair the qualifications of the officers, directors, stockholders, or persons having any interest in the license at the time of the revocable offense.

(2)(a) No person is entitled as a matter of right to a transfer of a license or interest in a license to a relative or to any other person or to a change of executive officers or directors:

1. If the division has notified the licensee in writing that a revocation, suspension, or administrative proceeding or a proceeding under s. 561.42 has been or will be brought against the license; or

2. If a licensee, executive officer, director, or person holding an interest in the license or business has been arrested, charged, indicted, or convicted, or has appealed the conviction, of a crime which is disqualifying under the alcoholic beverage laws. Any licensee, executive officer, director, or person holding an interest in a license or business who is arrested, charged, indicted, or convicted, or has appealed the conviction, of a crime which is disqualifying under the alcoholic beverage laws is required to immediately notify the division in writing of such action.

It is unlawful to transfer or attempt to transfer any license or interest in a license or business or change executive officers or directors contrary to the provisions of this section.

(b) The term “relative” with respect to this subsection means an individual who is related to the licensee, executive officer, director, or person holding an interest as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepsister, stepbrother, half brother, or half sister.

(c) The transfer of such license or financial interest in such license or the change of executive officers or directors in any such case shall be within the discretion of the division.

(3)(a) Before the issuance of any transfer of license herein provided, the transferee shall pay a transfer fee of 10 percent of the annual license tax to the division, except for those licenses issued pursuant to s. 565.02(1) and subject to the limitation imposed in s. 561.20(1), for which the transfer fee shall be assessed on the average annual value of gross sales of alcoholic beverages for the 3 years immediately preceding transfer and levied at the rate of 4 mills, except that such transfer fee shall not exceed $5,000; in lieu of the 4-mill assessment, the transferor may elect to pay $5,000. Further, the maximum fee shall be applied with respect to any such license which has been inactive for the 3-year period. Records establishing the value of such gross sales shall accompany the application for transfer of the license, and falsification of such records shall be punishable as provided in s. 562.45. All transfer fees collected by the division on the transfer of licenses issued pursuant to s. 565.02(1) and subject to the limitation imposed in s. 561.20(1) shall be returned by the division to the municipality in which such transferred license is operated or, if operated in the unincorporated area of the county, to the county in which such transferred license is operated.

(b) Each licensed manufacturer, distributor, broker, sales agent, and importer shall pay a transfer license fee equal to 10 percent of the total state, county, and city, if any, annual license fee.

(4)(a) Except as provided in paragraph (b), a license issued under s. 561.20(1) shall not be transferable in any manner, either directly or indirectly, including by any change in stock, partnership shares, or other form of ownership of any entity holding the license, except by probate or guardianship proceedings, for a period of 3 years from the date of original issuance. Any attempted assignment, sale, or transfer of interest in such license either directly or indirectly in violation of this provision is hereby declared void, and the license shall be deemed abandoned and shall revert to the state to be issued in the manner provided by law for issuance of new licenses.

(b) A license issued under s. 561.20(1) may be transferred as provided by law within the 3-year period only upon payment to the division of a transfer fee in an amount equal to 15 times the annual license fee specified in s. 565.02(1)(b)-(f) in the county in which the license is valid. However, if the county is only authorized for the issuance of liquor licenses for package sales only, the transfer fee shall be in an amount equal to 15 times the annual license fee specified in s. 565.02(1)(a). Subsequent to any such transfer, the transferee shall be subject to the provisions of the beverage laws with respect to the requirement for initial issuance of a license. Any change of ownership in any manner, either directly or indirectly, including any change in stock, partnership shares, or other form of ownership of any entity holding the license shall be considered a transfer and subject to the fees set forth in this paragraph. The transfer fees provided for in this paragraph shall be in addition to any other transfer fee provided for by this section. The funds collected pursuant to this paragraph shall be deposited in the Alcoholic Beverages and Tobacco Trust Fund and shall be used by the division to defray the costs of operation.

(5) The division shall waive the transfer fee and the delinquent penalties, but not the license renewal fee, when the transfer of an interest in an alcoholic beverage license occurs by operation of law because of a death, judicial proceedings, court appointment of a fiduciary, foreclosure or forced judicial sale, bankruptcy proceedings, or seizure of a license by a government agency.

History.—s. 6, ch. 18015, 1937; CGL 1940 Supp. 4151(271f); s. 4, ch. 23746, 1947; s. 12, ch. 25359, 1949; s. 1, ch. 28123, 1953; ss. 16, 35, ch. 69-106; s. 1, ch. 72-230; s. 3, ch. 76-288; s. 1, ch. 77-192; s. 9, ch. 81-158; s. 4, ch. 81-166; s. 45, ch. 83-216; s. 5, ch. 89-293; s. 3, ch. 89-361; s. 11, ch. 91-60; s. 9, ch. 95-346; s. 846, ch. 97-103; s. 8, ch. 2000-191; s. 2, ch. 2001-257.

F.S. 561.32 on Google Scholar

F.S. 561.32 on Casetext

Amendments to 561.32

Arrestable Offenses / Crimes under Fla. Stat. 561.32

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

S561.32 2 - LIQUOR - ILLEGAL TRANSFER LIC CHANGE OFFICERS 1ST OFF - M: S

S561.32 2 - LIQUOR - ILLEGAL TRANSFER LIC CHANGE OFFICERS SUBSQ OFF - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

BROWN, C. v. THE McGRAW- HILL COMPANIES, INC., 526 F. Supp. 2d 950 (N.D. Iowa 2007)

. . . amount of $872.81, and (2) for the dates of September 30, 2007, to October 2, 2007, in the amount of $561.32 . . .

MITCHELL ENERGY DEVELOPMENT CORP. v. L. FAIN, G. F. H., 172 F. Supp. 2d 880 (S.D. Tex. 2001)

. . . Effective September 3, 2003, the monthly benefit will be reduced to $561.32. . . . .

J. LACHANCE v. DESPERADO S OF HOLLY HILL, INC., 760 So. 2d 1023 (Fla. Dist. Ct. App. 2000)

. . . . § 561.32(1), Florida Statutes (1999). Florida does not recognize the “lease” of a liquor license. . . . Section 561.32, Florida Statutes (1997), provides the sole means for transferring licenses. . . . The record shows that Lomar and Desperado’s complied with the requirements of section 561.32 to transfer . . . We have difficulty with applying the requirements of section 561.32 to the recon-veyance. . . .

WALLING ENTERPRISES, INC. v. J. MATHIAS,, 636 So. 2d 1294 (Fla. 1994)

. . . . §§ 561.32, 561.65, Fla.Stat. (1985). . . .

J. MATHIAS, v. WALLING ENTERPRISES, INC., 609 So. 2d 1323 (Fla. Dist. Ct. App. 1992)

. . . See § 561.32, Fla.Stat. (1985). .We note that in G.M.C.A. Corporation v. . . .

PARKER, v DEPARTMENT OF BUSINESS REGULATION,, 34 Fla. Supp. 2d 228 (Fla. Div. Admin. Hearings 1989)

. . . The transfer of alcoholic beverage licenses is governed, in pertinent part, by Section 561.32(1), Florida . . . Griffiths is the only person who “may obtain a transfer” of the license under Section 561.32(l)(a), Florida . . .

BALDWIN v. AGNETTI, v. FOUTS, 26 Fla. Supp. 2d 56 (Fla. Cir. Ct. 1988)

. . . agreement pertaining to a liquor license with the Division of Alcoholic Beverages and Tobacco (F.S. 561.32 . . .

HOWARD, v. E. METCALF W. KINARD, v. HOWARD,, 487 So. 2d 43 (Fla. Dist. Ct. App. 1986)

. . . The Division’s transfer of a liquor license, a function it is obligated to fulfill under section 561.32 . . .

OLHAUSEN d a v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES TOBACCO,, 472 So. 2d 514 (Fla. Dist. Ct. App. 1985)

. . . the receivers attempted to transfer the beverage license held by the Respondents pursuant to Section 561.32 . . .

FRESH START, INC. d b a v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 469 So. 2d 244 (Fla. Dist. Ct. App. 1985)

. . . Regulation, 463 So.2d 1130 (Fla.1985), a case involving a transfer of a liquor license under section 561.32 . . .

ASTRAL LIQUORS, INC. v. DEPARTMENT OF BUSINESS REGULATION,, 463 So. 2d 1130 (Fla. 1985)

. . . of Business Regulation, 432 So.2d 93 (Fla. 3d DCA 1983), in which that court declared valid section 561.32 . . . license because it did not explain its reasons or policy in denying the transfer, and (2) that section 561.32 . . . We agree with the district court that section 561.32(2) does not involve an unconstitutional delegation . . . Section 561.32(2) reasonably permits the state to deny the transfer of liquor licenses when the licensee . . . Section 561.32(2), Florida Statutes (1981), reads as follows: No one shall be entitled as a matter of . . .

G. SANTIAGO, v. ALLEN, 449 So. 2d 388 (Fla. Dist. Ct. App. 1984)

. . . Astral Liquors, Inc., was the “licensee” pursuant to statutory transfers of the license under section 561.32 . . . See Wright (purpose of section 561.32 is to apprise Beverage Department of the ownership and management . . .

BROWN L. d b a s v. STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 432 So. 2d 91 (Fla. Dist. Ct. App. 1983)

. . . There at page 95, the court noted, “[S]ection 561.32(2) places the grant or denial of a license transfer . . .

ASTRAL LIQUORS, INC. R. J. v. STATE, DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 432 So. 2d 93 (Fla. Dist. Ct. App. 1983)

. . . In my view, Section 561.32(2), Florida Statutes (1981), unconstitutionally delegates legislative power . . . DABT’s evidentiary posture was a result of the statutory provisions - of F.S. 561.32 wherein the Division . . . The provisions of F.S. 561.32 require no explanation of the Division’s discretion thereunder and as a . . . Accordingly, because I believe that Section 561.32(2) would allow the DABT to approve or disapprove transfers . . . Section 561.32(2), Florida Statutes (1981), under which the application for transfer was denied, states . . . Thus, section 561.32(2) places the grant or denial of a license transfer within the discretion of the . . . Mandell’s second contention is that section 561.32(2), Florida Statutes (1981) is an unconstitutional . . . Section 561.32 itself, as well as case law interpreting the beverage laws, State ex rel. Hoffman v. . . . We therefore hold that section 561.32(2) constitutes a valid delegation of authority to the Division. . . .

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

. . . Section 561.32, as set out in footnote one, does not state that transfer of a license is automatic upon . . . Section 561.32(1), Florida Statutes (1979), provides in relevant part: Licenses issued under the provisions . . .

RISCILE, v. RISCILE,, 370 So. 2d 819 (Fla. Dist. Ct. App. 1979)

. . . Section 561.32(1), Florida Statutes (1977). . . .

M. WRIGHT, Jr. D. v. J. CADE,, 349 So. 2d 833 (Fla. Dist. Ct. App. 1977)

. . . owns the beverage license today arises out of “statutory” transfers of the license pursuant to Section 561.32 . . . Section 561.32(1), Florida Statutes, does not, as a matter of law, vest title of a beverage license to . . . . § 561.32(1), Florida Statutes (1975), which with its predecessor statutes has been in effect in all . . .

M. BEVERLY v. DIVISION OF BEVERAGE OF DEPARTMENT OF BUSINESS REGULATION,, 282 So. 2d 657 (Fla. Dist. Ct. App. 1973)

. . . license is revoked, dead and no longer exists is contrary to the provisions of Florida Statutes, §§ 561.32 . . . The former, § 561.32, provides that the transfer of a license, when revocation or suspension proceedings . . .

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

. . . The application, filed pursuant to Section 561.32 — 561.-33, Florida Statutes, F.S.A., reflects that . . . petitioner had purchased the business operated under the license in question as is required by Section 561.32 . . .

J. H. TAYLOR Y. d b a v. STATE BEVERAGE DEPARTMENT, 194 So. 2d 321 (Fla. Dist. Ct. App. 1967)

. . . Section 561.32, Florida Statutes 1949, F.S.A.’ House v. . . .

E. KEATING, v. STATE AUSEBEL,, 173 So. 2d 673 (Fla. 1965)

. . . Section 561.32, Florida Statutes, 1949, F.S.A.” House v. Cotton, Fla., 52 So.2d 340. . . . Sections 561.32 and 561.58, F.S.A., and other provisions of the State Beverage Laws, we cannot in the . . .

S. HUBBARD, s, v. P. JEBB I., 163 So. 2d 307 (Fla. Dist. Ct. App. 1964)

. . . Sections 561.32 and 561.33 F.S.A. as promulgated by chapters 65 A-309, 65 A-3.21 and 65 A-2.06 Florida . . .

R. YARBROUGH, v. VILLENEUVE F., 160 So. 2d 747 (Fla. Dist. Ct. App. 1964)

. . . Section 561.32, Florida Statutes, 1949, F.S. A.” . . .

RONTA, INC. a v. CITY OF FORT LAUDERDALE, a W. Jr. E., 153 So. 2d 35 (Fla. Dist. Ct. App. 1963)

. . . Counsel for the appellant has raised the question of the effect of § 561.32, Fla.Stat., F.S.A., on the . . .

STATE v. ALTMAN,, 106 So. 2d 401 (Fla. 1958)

. . . “An Act Amending Sections 561.05, 561.20, 561.29, 561.32, 561.34, 561.42, 561.43, 561.44, 561.45, 561.47 . . .

J. R. HUNTER, Jr. v. E. SOLOMON,, 75 So. 2d 803 (Fla. 1954)

. . . Section 561.32, F.S.A. provides as follows: “Transfer of licenses' “Licenses issued under the provisions . . .

BORIS RIVKIND J- M CORP. a v. STATE OF FLORIDA, THEO R. GIBSON, 159 Fla. 553 (Fla. 1947)

. . . the sale of liquor and transferred it to J-M Corp. and. that such transfer was a violation of Section 561.32 . . .