Spotlight: Record Retention for Alcohol Vendors
The Spotlight series is intended to provide helpful information about important licenses, permits, and registrations issued by the State of Florida. This installation is regarding the record-keeping requirements imposed on licensed alcoholic beverage vendors in Florida.
“The division, or any employee designated by it, shall have the power and authority to examine into the business, books, records, and accounts of any licensee, to issue subpoenas to said licensee or any other person from whom information is desired, and to take depositions of witnesses within or without of the state. ”
Please note that the firm recommends consulting with your lawyer or local ABT licensing office for a more detailed description of these obligations. You may find value in reviewing this blog’s previous article on the state inspection process as well.
According the the Division, records should be stored for a period 3 years at the licensed place of business. Generally, those records should indicate all alcoholic beverages manufactured, received, sold, or delivered. Each vendor shall keep records of all purchases and other acquisitions of alcoholic beverages for a period of 3 years.
“Any person willfully and knowingly making any false entries in any records required under the Beverage Law or willfully violating any of the provisions of the Beverage Law, concerning the excise tax herein provided for shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”
However, there are some specific requirements related to certain types of licensees. For instance, Florida law provides that a quota liquor license may be revoked or suspended for a “[f]ailure to maintain records of all monthly sales and all monthly purchases of alcoholic beverages and to produce such records for inspection by any division employee within 10 days of written request therefor.” In addition, note that certain business records are required to calculate the appropriate transfer fee for quota licenses.
Per section 561.20 of the Florida Statutes, a 13CT catering licensee “must maintain for a period of 3 years all records and receipts for each catered event, including all contracts, customers’ names, event locations, event dates, food purchases and sales, alcoholic beverage purchases and sales, nonalcoholic beverage purchases and sales, and any other records required by the department by rule to demonstrate compliance with the requirements of this subparagraph.
Per section 561.20 of the Florida Statutes, culinary education programs must maintain for a period of 3 years all records required by the department by rule to demonstrate compliance with the requirements of this sub-subparagraph.