Alert: Florida DABT Proposes New Recordkeeping Rule for 13CT Caterers
While the Division of Alcoholic Beverages and Tobacco’s 13CT license allows caterers to sell or serve alcoholic beverages at events when the caterer is also providing prepared food, the caterer must derive at least 51% of its gross revenue from the service of food and non-alcoholic beverages. In an apparent effort to facilitate enforcement of this requirement, the Division is now proposing a new rule that clarifies recordkeeping requirements for 13CT licensees.
An excerpt of the notice and the full text of the proposed rule are reproduced below. The key change is that that licensees would be required to prepare and maintain a new “Catered Event Form” that would record details of each event. To the extent that the rule takes effect, this article will be updated with the final requirements and a link to the form.
Notice of Proposed Rule
Division of Alcoholic Beverages and Tobacco
RULE NO.: RULE TITLE:
61A-3.057 Catered Events Enforcement and Recordkeeping
PURPOSE AND EFFECT: The purpose and effect of the proposed new rule is to clarify recordkeeping required for catered events and catering licensees.
SUMMARY: The new rule is proposed to address concerns regarding the use of catering license issued pursuant to 561.20(2)(a)(5) by incorporating a recordkeeping form and clarifying what records need to be maintained at a catered event.
RULEMAKING AUTHORITY: 561.11, 561.08, 561.20(2)(a)(5), F.S.
LAW IMPLEMENTED: 561.20(2)(a)(5), F.S.
THE FULL TEXT OF THE PROPOSED RULE IS:
61A-3.057 Catered Events Enforcement and Recordkeeping.
(1) Any licensee catering an event using a 13CT license must prepare and maintain the Catered Event Form as part of the records for a catered event. In addition to the Catered Event Form, any licensee who caters an event using a 13CT license must have the following information available for inspection at the location of the event:
(a) Contract;
(b) Customers’ names;
(c) Event location;
(d) Event date or dates; and
(e) Identity of licensee’s representative at the event.
(2) The Catered Event Form, DBPR BLE-202, may be obtained on the Division’s website at https://www2.myfloridalicense.com/alcoholic-beverages-and-tobacco/forms-and-publications/#1507126373827-6fd96ad1-b842, incorporated herein by reference and effective ____________.
Rulemaking Authority 561.11, 561.08, 561.20(2)(a)(5) FS. Law Implemented 561.20 FS. History-New ____________.