The 2023 Florida Statutes (including Special Session C)

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 616
PUBLIC FAIRS AND EXPOSITIONS

View Entire Chapter

F.S. 616.265

616.265 Issuance of beverage license to the authority.—

(1) The Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation is authorized, upon application, to issue a beverage license, as contemplated in ss. 561.17 and 565.02, to the Florida State Fair Authority for use by the authority or by a concessionaire under contract with the authority within the Florida State Fairgrounds in Hillsborough County; however, the license issued pursuant to this section shall not permit the licensee or its transferee assigns to sell alcoholic beverages in sealed containers for consumption off the Florida State Fairgrounds.

(2) The application for the license authorized in this section shall be made in the name of the Florida State Fair Authority, and the applicant shall comply with all applicable provisions of chapter 561 prior to the issuance of the license in the name of the Florida State Fair Authority.

(3) The Florida State Fair Authority may transfer the beverage license authorized in this section to a concessionaire under contract with the Florida State Fair Authority to furnish alcoholic beverages within the Florida State Fairgrounds. The contract with the concessionaire must contain a provision that the concessionaire agrees not to discriminate on the basis of race, sex, age, or religion. The Florida State Fair Authority shall make application for the transfer of the license to the concessionaire, and the application shall be approved by the Director of the Division of Alcoholic Beverages and Tobacco in compliance with the applicable provisions of chapter 561. However, any transfer of the beverage license authorized in this section to a concessionaire operating under contract with the Florida State Fair Authority shall be on the condition that, if the concession contract is terminated at any time and for any cause, the concessionaire shall immediately retransfer the beverage license to the Florida State Fair Authority. In the event of the failure or refusal of the concessionaire so to retransfer the beverage license, it shall be retransferred to the Florida State Fair Authority upon proper request made in writing to the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation. Thereafter, the beverage license may again be transferred upon the same terms and conditions to any new concessionaire under contract with the Florida State Fair Authority. It is the intent and purpose of this section that the beverage license be at all times the property of the Florida State Fair Authority, subject to its transfer, from time to time, to enable the concessionaire under contract with the Florida State Fair Authority to furnish alcoholic beverages within the Florida State Fairgrounds while operating under the beverage license authorized by this section.

History.—ss. 1, 2, 3, ch. 77-252; s. 33, ch. 79-11; s. 2, ch. 81-318; ss. 23, 25, 26, ch. 83-239; ss. 39, 44, ch. 93-168; s. 223, ch. 94-218; s. 32, ch. 96-231.

F.S. 616.265 on Google Scholar

F.S. 616.265 on Casetext

Amendments to 616.265

Arrestable Offenses / Crimes under Fla. Stat. 616.265

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 616.265.

Annotations, Discussions, Cases:

Cases from cite.case.law:

TURNER, v. FLORIDA STATE FAIR AUTHORITY,, 974 So. 2d 470 (Fla. Dist. Ct. App. 2008)

. . . The Authority is organized and established under the provisions of sections 616.251 through 616.265, . . .

BEARDEN v. PNS STORES, INC. a s, 894 F. Supp. 1418 (D. Nev. 1995)

. . . Specifically, Subsection 616.265(l)(b) of the Act provides: A contract of employment, insurance, relief . . . The use of this device is clearly prohibited under N.R.S. § 616.265(l)(b). 2. . . .

AETNA CASUALTY AND SURETY COMPANY, v. L. K. COMSTOCK COMPANY, INC. a, 684 F.2d 1267 (9th Cir. 1982)

. . . There would be no merit to any suggestion that the only contracts prohibited by Nev.Rev.Stat. § 616.265 . . . Nev.Rev.Stat. § 616.265-1. . . . Nev.Rev.Stat. § 616.265-2. The Act contains no exceptions. . . . Nev.Rev.Stat. § 616.265. . . . Nev.Rev.Stat. § 616.265 states: 1. . . . . § 616.265, which prohibits indemnity contracts which would “modify, change or waive any liability created . . . Section 616.265 prohibits indemnity contracts only if they affect rights created by the NIIA. . . . modifying any liability created by the NIIA, such an agreement is not barred by the language of section 616.265 . . . The majority asserts that the express language of section 616.265 bars voluntary indemnity contracts . . . Nev.Rev.Stat. § 616.265 states: 1. . . .

SANTISTEVEN v. DOW CHEMICAL COMPANY, a v. KENNECOTT COPPER CORP. a, 506 F.2d 1216 (9th Cir. 1974)

. . . Section 616.265 repeats this theme: 1. . . .

SANTISTEVEN v. DOW CHEMICAL COMPANY, a DOW CHEMICAL COMPANY, a v. KENNECOTT COPPER CORPORATION, a, 362 F. Supp. 646 (D. Nev. 1973)

. . . observed, however, that the Nevada Legislature has made an even more explicit declaration of this policy: “616.265 . . .