The 2023 Florida Statutes (including Special Session C)

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562
BEVERAGE LAW: ENFORCEMENT

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F.S. 562.13

562.13 Employment of minors or certain other persons by certain vendors prohibited; exceptions.—

(1) Unless otherwise provided in this section, it is unlawful for any vendor licensed under the Beverage Law to employ any person under 18 years of age.

(2) This section shall not apply to:

(a) Professional entertainers 17 years of age who are not in school.

(b) Minors employed in the entertainment industry, as defined by s. 450.012(5), who have either been granted a waiver under s. 450.095 or employed under the terms of s. 450.132 or under rules adopted pursuant to either of these sections.

(c) Persons under the age of 18 years who are employed in drugstores, grocery stores, department stores, florists, specialty gift shops, or automobile service stations which have obtained licenses to sell beer or beer and wine, when such sales are made for consumption off the premises.

(d) Persons 17 years of age or over or any person furnishing evidence that he or she is a senior high school student with written permission of the principal of said senior high school or that he or she is a senior high school graduate, or any high school graduate, employed by a bona fide food service establishment where alcoholic beverages are sold, provided such persons do not participate in the sale, preparation, or service of the beverages and that their duties are of such nature as to provide them with training and knowledge as might lead to further advancement in food service establishments.

(e) Persons under the age of 18 years employed as bellhops, elevator operators, and others in hotels when such employees are engaged in work apart from the portion of the hotel property where alcoholic beverages are offered for sale for consumption on the premises.

(f) Persons under the age of 18 years employed in bowling alleys in which alcoholic beverages are sold or consumed, so long as such minors do not participate in the sale, preparation, or service of such beverages.

(g) Persons under the age of 18 years employed by a bona fide dinner theater as defined in this paragraph, as long as their employment is limited to the services of an actor, actress, or musician. For the purposes of this paragraph, a dinner theater means a theater presenting consecutive productions playing no less than 3 weeks each in conjunction with dinner service on a regular basis. In addition, both events must occur in the same room, and the only advertised price of admission must include both the cost of the meal and the attendance at the performance.

(h) Persons under the age of 18 years who are employed in places of business licensed under s. 565.02(6), provided such persons do not participate in the sale, preparation, or service of alcoholic beverages.

However, a minor to whom this subsection otherwise applies may not be employed if the employment, whether as a professional entertainer or otherwise, involves nudity, as defined in s. 847.001, on the part of the minor and such nudity is intended as a form of adult entertainment.

(3)(a) It is unlawful for any vendor licensed under the beverage law to employ as a manager or person in charge or as a bartender any person:

1. 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.

2. 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, keeping a disorderly place, or any felony violation of chapter 893 or the controlled substances act of any other state or the Federal Government.

3. Who has, in the last past 5 years, been convicted of any felony in this state, any other state, or the United States.

The term “conviction” shall include an adjudication of guilt on a plea of guilty or nolo contendere or forfeiture of a bond when such person is charged with a crime.

(b) This subsection shall not apply to any vendor licensed under the provisions of s. 563.02(1)(a) or s. 564.02(1)(a).

History.—s. 11, ch. 16774, 1935; CGL 1936 Supp. 4151(237); s. 1, ch. 20830, 1941; s. 1, ch. 22669, 1945; s. 21, ch. 25359, 1949; s. 2, ch. 29964, 1955; s. 1, ch. 57-327; s. 1, ch. 61-429; s. 1, ch. 65-534; s. 1, ch. 67-2208; ss. 16, 35, ch. 69-106; s. 1, ch. 72-183; s. 2, ch. 72-230; s. 1, ch. 73-358; s. 1, ch. 73-365; s. 2, ch. 76-288; s. 1, ch. 77-174; s. 2, ch. 91-60; s. 6, ch. 92-176; s. 52, ch. 95-144; s. 1, ch. 97-44; s. 861, ch. 97-103; s. 5, ch. 2017-137.

F.S. 562.13 on Google Scholar

F.S. 562.13 on Casetext

Amendments to 562.13

Arrestable Offenses / Crimes under Fla. Stat. 562.13

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

S562.13 1 - LIQUOR - ALCOHOL VENDER EMPLOY CERTAIN MINORS SUBSQ OFF - F: T

S562.13 1 - LIQUOR - ALCOHOL VENDER EMPLOY CERTAIN MINORS 1ST VIOL - M: S

S562.13 3 - LIQUOR - EMPLOY FELON AS MANAGER BARTENDER 1ST VIOL - M: S

S562.13 3 - LIQUOR - EMPLOY FELON AS MANAGER BARTEND SUBSQ OFF - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE BRIGGS,, 570 B.R. 730 (Bankr. W.D. La. 2017)

. . . additionally increase monthly disposable income (line 45 of Form 122C-2) by $50.00, to a total of $562.13 . . . this “mechanical” test was applied to the debtor in this case, the debtor would be required to pay $562.13 . . .

HULL COMPANY, INC. v. THOMAS,, 834 So. 2d 904 (Fla. Dist. Ct. App. 2003)

. . . The bar manager was a convicted felon; section 562.13(3)(a), Florida Statutes (2001) prohibited some . . .

DUNCAN, v. KASIM, INC., 810 So. 2d 968 (Fla. Dist. Ct. App. 2002)

. . . This made her management of the premises illegal, pursuant to section 562.13(3)(a), Florida Statutes. . . .

STATE v. FREUND,, 561 So. 2d 305 (Fla. Dist. Ct. App. 1990)

. . . unlawful for any person under the age of 21 years, except a person employed under the provisions of s. 562.13 . . .

BANKSTON, v. J. BRENNAN, Jr., 507 So. 2d 1385 (Fla. 1987)

. . . unlawful for any person under the age of 19 years, except a person employed under the provisions of s. 562.13 . . .

STATE v. REDNER,, 425 So. 2d 174 (Fla. Dist. Ct. App. 1983)

. . . If anything, an argument can be made that ordinance 25-9 serves to implement section 562.13(3)(a), Florida . . .

ZENTGRAF, v. TEXAS A M UNIVERSITY, 492 F. Supp. 265 (S.D. Tex. 1980)

. . . . §§ 562, 562.13 and 562.15 (1979). . . .

G B OF JACKSONVILLE, INC. d b a v. STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF BEVERAGE,, 362 So. 2d 959 (Fla. Dist. Ct. App. 1978)

. . . employ a person under the age of 18 years, one Teri Armstrong Beard, age 16 years, in violation of 562.13 . . . The hearing officer concluded that petitioner violated F.S. 562.13 and recommended that a civil penalty . . .

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

. . . found to have employed said Robert Llewellyn, a convicted felon in violation of Sections 561.29 and 562.13 . . .

R R LOUNGE, INC. v. W. WYNNE,, 286 So. 2d 13 (Fla. Dist. Ct. App. 1973)

. . . Section 562.13, F. . . . Section 562.13, F.S.A., for the violation of which petitioner has been found guilty. . . . F.S. § 562.13, F.S.A. “Employment of minors or certain other persons by certain vendors prohibited. . . .

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

. . . above named person [Isiah White] upon receipt of this notice”, pursuant to the provisions of Section 562.13 . . .

H. GUTHERY, v. STATE BEVERAGE DEPARTMENT, 183 So. 2d 704 (Fla. Dist. Ct. App. 1966)

. . . your licensed premises certain minors for the purpose of providing entertainment, in violation of § 562.13 . . . The pertinent portion of the statute referred to is as follows : “562.13 Employment of minors, or certain . . .

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

. . . Section 562.13, Florida Statutes, F.S.A., provides that it shall be unlawful for a licensed vendor to . . .

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

. . . amending Section 562.09, Florida Statutes, providing for package store restrictions; amending Section 562.13 . . .

J. R. HUNTER, Jr. v. W. BULLINGTON,, 74 So. 2d 673 (Fla. 1954)

. . . . § 562.13, F.S.A., Foods," Inc., declined to discharge appellee, absent an order of a court of competent . . . F.S. § 562.13, F.S.A., declares it unlawful for any vendor of alcoholic beverages under the law of this . . .