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State clarifies DeSantis’ executive orders for bars, clubs, breweries and restaurants
The Florida Department of Business and Professional Regulation (DBPR) has sent out clarified guidance for Florida business owners following Governor Ron DeSantis’ March 17 executive orders to mitigate the risk of Covid-19 coronavirus. The unprecedented orders suspended operations of bars and nightclubs for 30 days, and called for a maximum of 50 percent occupancy in restaurants, leaving many business owners in uncertain waters with unanswered questions.
Wednesday night, Florida DBPR, alongside DeSantis, weighed in on the issue, providing legal guidance with a fact sheet answering frequently asked questions.
The Florida DBPR specified that the restrictions placed by the executive order apply to any business licensed “to sell alcoholic beverages for consumption on the premises that derives more than 50% of its gross revenue from the sale of alcoholic beverages.” These businesses are ordered to suspend all sales of alcoholic beverages for 30 days, as of 5 p.m. March 17.
If a business fitting these criterion holds both a food service license and an alcoholic beverage license, that business may continue operating, as long as the sale of alcoholic beverages has been suspended.
According to Florida DBPR, despite ordering the suspension of operations of bars and clubs, the March 17 executive order allows for alcoholic beverage manufacturers, like breweries or distilleries that hold vendor licenses for a tasting room, to make to-go package sales for off-premise consumption. Kegs, growlers, canned and bottled beverage sales are lawful, and businesses like Green Bench Brewing Co. and 3 Daughters Brewing Co. have already begun to-go sales in accordance with the order.
The Florida DBPR also clarified that the determination of whether 50 percent of gross revenue coming from the sale of alcoholic beverages should be established by sales figures of the 12 months prior to the executive order date. For co-licensed food establishments, which are still allowed to sell alcoholic beverages, because they account for less than 50 percent of sales, the DBPR recommended that establishments not allow patrons to stand and drink, and not to serve drinks from the bar. Instead, it recommends selling drinks exclusively at tables.
Finally, the DBPR establishes a standard for establishing 50 percent occupancy for restaurants, asking establishments to half the number given on the establishment’s building occupancy, authorized by the local building or fire authority. The maximum number halved provides the number of people legally allowed to congregate in the building during the executive order period.
