Theo Nash
If you want to sell tobacco or alcohol in Florida, you'll need to obtain the correct license. The process is managed by the Division, which has numerous Bureau of Licensing offices located throughout the state. You can find out more about the types of licenses and permits available for tobacco and alcoholic beverages on the MyFloridaLicense.com website, along with information on associated fees. The website also provides a step-by-step tutorial on how to create an online account, where you can then link your license.
| Characteristics | Values |
|---|---|
| Who issues the license? | Florida Department of Business and Professional Regulation (DBPR) |
| Types of licenses | Consumption-on-premise, package license, craft distillery permit, beer, wine, and liquor consumption on-premises, non-quota, quota, etc. |
| License fee | Varies based on the type of license and county |
| Application process | Submit application to DBPR, which has 90 days to review and respond |
| Renewal | Licenses renew annually and must be paid on time to remain valid |
| Temporary licenses | Available for bona-fide non-profit civic organizations, charitable organizations, municipalities, and counties (limited to 12 per year) |
| Tobacco regulations | Retail tobacco dealers must comply with Chapter 569 of Florida Statutes; vending machines permitted on premises |
| Alcoholic beverage regulations | Vendors, manufacturers, and distributors are the main categories; vendors restricted to retail sales |
| Compliance | Audits and inspections conducted to ensure compliance with Chapters 210, 561-565, and 567-569 of Florida Statutes |
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What You'll Learn
Florida liquor license types and requirements
Florida has several types of liquor licenses for businesses intending to sell alcoholic beverages. The type of license required depends on the type of business and the alcoholic products it intends to sell.
Firstly, a business must decide whether it will sell alcohol only on its licensed premises or off-site as well. Secondly, it must consider the type of alcoholic beverage it intends to sell. For example, a business that only sells beer may opt for a 1APS or 1COP license. However, a bar or nightclub that serves mixed drinks and where more than 49% of gross sales are alcoholic beverages will require a quota liquor license. Restaurants and food establishments that have more than 51% of food and non-alcoholic beverage sales may qualify for a special 4COP/S license.
Quota licenses are also required by retail stores that sell liquor. The number of available quota licenses is based on county population, and they can be obtained through an annual liquor license lottery or purchased through a broker.
The application process for a liquor license in Florida can be complex and time-consuming, requiring extensive documentation and financing to cover fees and expenses. The application must include the required fee and supporting documents, including an employer identification number, a copy of the business license, and proof of the needed business permits such as health, zoning, and sales tax.
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How to apply for a liquor license
Florida has several large categories of liquor licenses, including dozens of different licenses and applications. The type of license you need depends on factors such as your business type, size, location, intended hours of alcohol sales, the specific beverages you plan to offer, and whether they are packaged or served. Many of these licenses are also based on population, which means they are issued as quota licenses.
To apply for a liquor license, you must first obtain a Certificate of Use. Once this has been processed, you can apply for a state liquor license with the Florida Department of Business and Professional Regulation. You can obtain all the necessary forms by contacting the Customer Contact Center. Once the DBPR receives your application, they have 90 days to examine it, notify you of any errors or omissions, request additional information, and ultimately issue a notice of intent to either grant or deny the license.
Your state license must be renewed annually, and the state of Florida does not typically issue temporary or one-day liquor licenses. Businesses must plan accordingly and apply for a regular liquor license before their intended grand opening or special event.
The Division of Alcoholic Beverages and Tobacco Licenses conducts audits to ensure the proper collection of taxes, surcharges, and fees and conducts inspections and investigations to ensure compliance with the laws and regulations governing the sale of alcoholic beverages.
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Tobacco dealer licensing
In Florida, the sale of tobacco products is governed by Chapter 569 of Florida Statutes. Tobacco products are defined as products that include "loose tobacco leaves, and products made from tobacco leaves, in whole or in part, and cigarette wrappers, which can be used for smoking, sniffing, or chewing".
Licensed tobacco dealers in Florida are permitted to sell tobacco products at retail and are allowed to have a tobacco products vending machine on their business premises. To obtain a license, you must apply to the Division of Alcoholic Beverages and Tobacco Licenses, which administers the state's regulations in this field.
The process for obtaining a tobacco license in Florida is as follows:
- Contact the Customer Contact Center of the Florida Department of Business and Professional Regulation to obtain the necessary forms and information for applying for a tobacco license.
- Submit your application to the DBPR. The agency will have 90 days to review your application, request additional information if needed, and notify you of any errors or omissions.
- Once your application is approved, you will be granted your tobacco license.
It is important to note that selling tobacco or nicotine products to persons under 21 is unlawful in Florida, and you must post a sign stating this restriction. Additionally, the Division conducts audits and inspections to ensure compliance with the laws and regulations governing the sale of tobacco products, so proper record-keeping and adherence to the law are crucial.
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Alcoholic beverage regulations
The three most common license categories for alcoholic beverages are vendors, manufacturers, and distributors. Vendors are permitted to sell alcoholic beverages at retail only. Distributors are licensed to sell alcoholic beverages wholesale to vendors. Manufacturers are licensed to produce alcoholic beverages and can sell them wholesale, but only to licensed distributors.
The Florida legislature has created the Division of Alcoholic Beverages and Tobacco Licenses to enforce the State's regulations in this field. This division conducts audits and inspections to ensure compliance with the laws and regulations governing the sale of alcoholic beverages.
To obtain a liquor license in Florida, one must first apply for a Certificate of Use, and once processed, the owner can then apply for a state liquor license with the Florida Department of Business and Professional Regulation. There are several categories of liquor licenses available, depending on factors such as business type, size, location, intended hours of alcohol sales, and the specific beverages offered.
It is important to note that Florida does not typically issue temporary or one-day liquor licenses, and businesses must plan accordingly by applying for a regular license before their intended opening or special event.
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License renewal and appeals
When the DBPR receives a license application, they have 90 days to examine the application, notify the applicant of any errors, omissions, or requests for additional information, and issue a notice of intent to either grant or deny the license. The DBPR may not deny renewal without a full, open, and fair hearing for license renewals.
If an applicant or licensee receives an adverse decision from the DBPR, they may request an administrative hearing to challenge it. The request for a hearing must be submitted within the timeframe specified in the agency's notice, which is generally 15 days from the date of the notice. The administrative hearing process commences with submitting a petition for a hearing to the agency.
If the petitioner is still unsatisfied with the DBPR's final order, they can seek judicial review by filing a notice of appeal with the appropriate District Court of Appeal. The court reviews the case to determine if the agency's decision follows from competent, substantial evidence and complies with the law.
The Division conducts audits to ensure the proper collection of taxes, surcharges, and fees and conducts inspections and investigations to ensure compliance with the laws and regulations governing the sale of alcoholic beverages and products containing tobacco or nicotine.
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Frequently asked questions
You can obtain an alcohol license in Florida by visiting the MyFloridaLicense.com website. Here, you will find information on the process, the relevant departments, and the types of licenses available.
The types of licenses include temporary permits for special events, licenses for food service establishments, licenses for craft distilleries, and licenses for beer, wine, and liquor consumption on-premises.
Similar to alcohol licenses, tobacco licenses can be obtained through the MyFloridaLicense.com website. The website provides information on the different types of tobacco licenses and permits, as well as the associated fees.
Yes, there are restrictions. The Division conducts audits and inspections to ensure compliance with laws and regulations. These laws include Chapters 210, 561-565, and 567-569 of the Florida Statutes.
After registering on the MyFloridaLicense.com website, you will receive an email with a temporary password. With this, you can log in and link your license to your online account. You can then manage your account and track your application status.
