The 2023 Florida Statutes (including Special Session C)

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 563
BEER AND MALT BEVERAGES

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F.S. 563.02

563.02 License fees; vendors; manufacturers and distributors.—

(1) Each vendor of malt beverages containing alcohol of 0.5 percent or more by volume shall pay an annual state license tax as follows:

(a) Vendors operating places of business where beverages are sold only for consumption off the premises, an amount equal to 50 percent of the amount of the license tax herein provided for vendors in the same county operating places of business where consumption on the premises is permitted. Vendors holding such off-premises sales licenses shall not be subject to zoning by municipal and county authorities.

(b) Vendors operating places of business where consumption on the premises is permitted in counties having a population of over 100,000, according to the latest population estimate prepared pursuant to s. 186.901, for such county, $200.

(c) Vendors operating places of business where consumption on the premises is permitted in counties having a population of over 75,000 and not over 100,000, according to the latest population estimate prepared pursuant to s. 186.901, for such county, $160.

(d) Vendors operating places of business where consumption on the premises is permitted in counties having a population of over 50,000 and less than 75,000, according to the latest population estimate prepared pursuant to s. 186.901, for such county, $120.

(e) Vendors operating places of business where consumption on the premises is permitted in counties having a population of over 25,000 and less than 50,000, according to the latest population estimate prepared pursuant to s. 186.901, for such county, $80.

(f) Vendors operating places of business where consumption on the premises is permitted in counties having a population of less than 25,000, according to the latest population estimate prepared pursuant to s. 186.901, for such county, $40.

(2) Each manufacturer engaged in the business of brewing only malt beverages shall pay an annual state license tax of $3,000 for each plant or branch he or she may operate. However, each manufacturer engaged in the business of brewing less than 10,000 kegs of malt beverages annually for consumption on the premises pursuant to s. 561.221(3) shall pay an annual state license tax of $500 for each plant or branch.

(3) Each distributor who shall distribute or sell alcoholic beverages containing less than 17.259 percent alcohol by volume shall pay an annual state license tax of $1,250 for each establishment or branch he or she may operate.

History.—s. 3, ch. 72-230; s. 8, ch. 86-269; s. 2, ch. 87-63; s. 7, ch. 92-176; s. 872, ch. 97-103.

Note.—Former ss. 561.34, 561.35.

F.S. 563.02 on Google Scholar

F.S. 563.02 on Casetext

Amendments to 563.02

Arrestable Offenses / Crimes under Fla. Stat. 563.02

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 563.02.

Annotations, Discussions, Cases:

Cases from cite.case.law:

VFW JOHN O CONNOR POST a v. SANTA ROSA COUNTY, FLORIDA, a, 506 F. Supp. 2d 1079 (N.D. Fla. 2007)

. . . However, this section shall not apply to licenses defined in s. 563.02(l)(a) and s. 564.02(l)(a), F.S . . .

CITY OF MIAMI BEACH, v. AMOCO OIL COMPANY,, 510 So. 2d 609 (Fla. Dist. Ct. App. 1987)

. . . We hold that by enacting section 563.02, Florida Statutes (1985), the legislature has expressly preempted . . . Section 563.02(l)(a) expressly provides that state regulation preempts municipal and county zoning ordinances . . . Claiming that section 563.02(l)(a) does not invalidate its ordinance, the city cites a number of cases . . . The decision in each of these cases was, therefore, unaffected by section 563.02(l)(a) which expressly . . . In pertinent part section 563.02, Florida Statutes (1985) provides: 563.02 License fees; vendors; manufacturers . . .

STATE DADE COUNTY, v. A. NUZUM,, 372 So. 2d 441 (Fla. 1979)

. . . manufacturers, distributors, exporters, and vendors. (1)Twenty-four percent of the taxes imposed under §§ 563.02 . . . the appropriate county tax collector. (2) Thirty-eight percent of the license taxes imposed under §§ 563.02 . . .