Knowing all the laws and regulations that are in place, and that each is followed exactly, is absolutely crucial for your bar or restaurant to continue serving alcohol. Even the slightest mistake can lead to the revocation of a liquor license. Below are some of the major Florida alcohol sales laws that need to be followed, that pertain the selling and serving of beer, wine, and liquor in Florida.
The state department that is responsible for issuing liquor licenses is the Florida Department of Business and Professional Regulation. There are several types of licenses that pertain to different types of establishments and what they sell.
Alcohol Sales Laws and Violations
Below are a few of the main laws (Federal and state), and hopefully, you know them all already, but if you are looking to apply for and acquire a liquor license in Florida, these are ones you should know right away.
- Legal Drinking Age – this is a Federal law, Florida is no exception, stating that no one under the age of 21 is allowed to drink alcohol in the United States. It is illegal to distribute or sell alcohol to anyone under the age of 21, and failing to comply with this law can result in jail time, heavy fines, and even revocation of an establishment’s liquor license. Even those under 21 that try to purchase alcohol can receive jail time and fines.
- Serving – while the legal drinking age is 21, employees only need to be 18 in order to prepare, serve, and sell alcohol in establishments. Some states have specific laws pertaining to the sale of alcohol during happy hour or other promotions, but Florida alcohol sales are not restricted by time or price in any way.
While employees may only need to be 18, there is a large responsibility for serving to the right people. It is illegal in Florida to sell alcohol to an obviously intoxicated person, and the violation of this can bring heavy civil and criminal liability for the damages caused by the intoxicated individual. All employees need to be properly trained in alcohol safety, in order to comply with all laws.
Here’s what they need to pay attention to:
- Hours – while there is no state or federal law that determines the hours of sale for alcoholic beverages, and leaves it up to each county or city to set their own ordinances. If no ordinance is passed, establishments are allowed to sell up until 2 am. Tampa bars and nightclubs are allowed to sell until 3 am, Broward County can sell until 4 am, and the entertainment district in Miami can sell 24-hours a day.
- Corking – Florida does not allow the carrying or transporting of open containers. Even a bottle of wine that has been re-corked, it is, also, considered an open container.
Diners, who purchase a bottle of wine from a restaurant or bar, cannot simply re-cork the bottle, instead, the restaurant must replace the cork, bag the bottle and seal the bag. The sealed bag must be placed in the trunk of your car, or in case you don’t have a trunk, it must be locked in the glove box to avoid violating the law.
These are just a few of the main laws that all restaurant, bars, and nightclubs should know in order to comply legally with federal, state, and city laws. You should always consult with the proper departments and agencies to ensure that all laws and regulations are being followed, prior to opening your establishment.
When selling alcohol in your bar or restaurant, making sure compliance is being tracked can be difficult. Compliance with the laws and regulations is extremely important, but also internal compliance with SOPs is crucial for running a successful establishment.
Glimpse can help your bottom line improve drastically by identifying areas of high-risk, like POS transactions and employee behavior, to help your management correct these issues.
Distilled spirits (liquor) are purchasable in either state-owned retail liquor stores, known as ABC Stores, or privately owned retail liquor stores. Privately owned retail liquor stores tend to be open on Sundays, public (federal & state) holidays, and later hours than state-owned liquor stores. State-owned liquor stores are closed on Sundays and public holidays. If a state-owned liquor store is located in an unincorporated area, only the state sales tax and county sales tax is collected.
Alaska No 8 a.m. – 5 a.m.,[12] except election days (liquor stores may not open until polls close) No (although many grocery stores have separate areas that sell all forms of alcoholic beverages and many bars sell packaged liquor as well) 21 21 Exception: Underage drinking allowed for medical purposes, and on private non-alcohol selling premises with parental consent [13] Most communities have more restrictive laws, ranging from restrictions on operating hours to bans on sale and possession.[14] Sellers/servers may not, for any reason, give a person alcohol for free or sell it for less than its cost. Sellers/servers may drink while on duty, but no intoxicated person may remain on the premises, so an impaired server could be arrested.[12] Arizona No 6 a.m. – 2 a.m. seven days a week—no election day nor holiday restrictions [15]Yes 21 21 Exception: Underage drinking allowed for religious[16] and medical purposes[17] Sales of any type of alcohol are legal at any store that has an off-premises liquor license, including but not limited to convenience stores and grocery stores. Bars may sell closed containers of alcohol for consumption off the premises. Drive-through liquor stores are allowed. Everclear Grain Alcohol Proof 190 (95% alcohol) is legal. A large percentage of the land area of Arizona is in Indian reservations, many of which have liquor laws considerably more restrictive than state law, up to and including total prohibition. "Beer busts" (all the beer/liquor one can drink for a set price) in bars are illegal. Persons 18 years of age or older may work in bars and liquor stores serving and selling alcohol. Patrons may not purchase for on premises consumption more than 50 ounces of beer, 1 liter of wine or 4 ounces of distilled spirits at one time.[18] DUI penalties are some of the most severe in the nation. A person convicted of a DUI (even first offense) must have an interlock installed in his car for one year. Arizona has an 'Impaired to the Slightest Degree' law that can convict a person even if his BAC is less than .08%. As a driver's BAC increases, so does the severity of the legal consequences they face. A driver with a BAC between .15 and .20 may face "extreme DUI" charges, and a driver with a BAC above .20 may face "super extreme DUI" charges.[19] Arkansas No 7 a.m. – 1 a.m. (Restaurants)
7 a.m. – 2 a.m. (Class A license)
10 a.m. – 5 a.m. (Class B license) 7 a.m. – 1 a.m.
(Generally prohibited on Sundays, but exceptions can be made through local option.) Yes No 21 21 No exceptions to the law Has numerous dry counties and other dry areas, but private clubs can serve even in dry areas.
No sales on Christmas Day.
Alcohol sales are permitted 24 hours a day 7 days a week regardless of holiday in state casinos.
(1)The underage person called 911 and reported that either himself or herself or another person was in need of medical assistance due to alcohol consumption;
(2) The underage person was the first person to make the 911 report; and
(3) The underage person, who reported that another person was in need of medical assistance, remained on the scene with the other person until that medical assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene.[20] Relatively unrestricted; beer, wine and liquor available at grocery stores, convenience stores, gas stations, and warehouse clubs. No statewide holiday restrictions.
Motor vehicles entering from Mexico may only import 1 liter of alcohol (duty-free). Sale or distribution of grain alcohol higher than 60% ABV is illegal (legal if it is sold by a pharmacy or drug store to a person with a prescription), but there is no upper limit for other distilled liquors (B&P 23403).[21][22]
You may serve alcohol if you are at least 21 years of age.
City and county governments can set different sale hours.
18-, 19- and 20-year-old wine and beer production students can taste—but not consume—what they are making and studying.[23] Colorado No 7 a.m. – 2 a.m. Beer, wine, and liquor: 8 a.m. – midnight
3.2 beer: 5 a.m.-midnight
Yes No* 21 21 Exception: Underage consumption allowed for religious, medical, and educational purposes, or on private, non-alcohol selling premises with parental/guardian presence and consent.[24] Spirituous, vinous & malt liquor available in liquor stores and liquor-licensed drug stores only.Liquor stores closed on Christmas Day. Sunday sales restriction lifted on July 1, 2008. Liquor stores and liquor-licensed drug stores may have only one location, while beer may be sold in gas stations, supermarkets, and convenience stores. As of January 1, 2019, such establishments may sell full-strength beer.[25] Appropriately licensed businesses may sell beer for both on and off-premises consumption. A small number of grocery stores are licensed as drug stores and sell full strength beer, wine, and spirits. As an example, a chain grocery store that has pharmacy services at most or all locations may elect a single location in the chain as the licensed establishment to sell beer, wine, and spirits. Connecticut No 9 a.m. – 1 a.m. (Mon.–Thurs.)
9 a.m. – 2 a.m. (Fri.–Sat.)
11 a.m. – 1 a.m. (Sun.) 8 a.m. – 10 p.m. (Mon.–Sat.) 10 a.m. – 6 p.m. (Sun.) Yes No 21 Exception: No explicit age if a present legal guardian is 21 or older[26] 21 Exception: Underage consumption is allowed on private non alcohol selling premises with parental consent, for medical and religious purposes, and on alcohol selling premises with parental consent.[26] Sunday off-premises sales allowed as of May 20, 2012;[27][28] Sunday on-premises sales subject to local ordinances.
Beer can be purchased at grocery/convenience stores. Spirits and wine can be purchased only at liquor stores.
No off-premises alcohol sales on Thanksgiving, Christmas Day, and New Year's Day.
Open container law applies only to drivers, not passengers.
Delaware No 9 a.m. – 1 a.m. 9 a.m. – 1 a.m. (Mon.–Sat.)noon–8 p.m. (Sun.) Municipalities with a population over 50,000 persons may impose stricter hours of sale by local ordinance. No 21 21 Exception: A minor will not be penalized for if discovered consuming alcohol through a medical emergency. Underage drinking allowed on private non-alcohol selling premises with parental consent, for religious purposes.[29][30] For off-premises consumption, alcohol may be purchased only in a liquor store, taproom, or a brew pub that has an off-premises license. Unless accompanied by a parent or guardian over 21, no person under 21 may enter a liquor store or taproom for any reason, even for the intent of purchasing only tobacco or lottery tickets. No sales of alcohol by liquor stores or taprooms are permitted during designated holidays including Thanksgiving, Easter or Christmas.[31] District of Columbia No 8 a.m. – 2 a.m. Sun.–Thu.,
8 a.m. – 3 a.m. Fri.–Sat.
[32]
9 a.m. – midnight daily*
Grocery Stores:
9 a.m.-12 a.m. daily
[32]
No singles sold, but stores in some areas may apply for an exemption.[36]
Certain wards may be made dry by the decision of the local ANC, but as of 2005 none are
The day before a federal or district holiday, on-premises retailers may sell/serve from 8 a.m.-3 a.m. On New Year's Eve, on-premises retailers may sell/serve until 4 a.m. on January 1.[32]
No retail sale of wine in containers larger than 1 gallon. FS 564.05 Supermarkets and other licensed business establishments may sell beer, low-alcohol liquors, and wine. Liquor must be sold in dedicated liquor stores which may be in a separate part of a grocery or a drug store. As of July 1, 2015, the restriction on 64 ounce refillable containers, or growlers, has been lifted and beer may be sold in quantities of 64 ounces, in addition to the previously legal 32 and 128 ounce sizes.