Notatourist said:
Pluto, if they serve food, no smoking indoors. That simple.
Ahh, voting on state constitutional ammendments and then lawyers interpreting them...never simple. I'm thankful for this, tho, as it's how I earn my living.
Here's an excerpt of the constitutional ammendment House Bill 63A which passed in 2003:
"The constitutional amendment had language defining stand alone bars as places where food is only "incidental" to the serving of alcohol. The Florida Legislature chose to define incidental as meaning where food accounts for less than 10% of the total sales.
1. Stand-alone bars, subject to the following rules and definitions:
Any licensed premises devoted during any time of operation predominantly or totally to serving alcoholic beverages, intoxicating beverages, or intoxicating liquors, or combination thereof, in which the serving of food, if any, is merely incidental
2. No more than 10 percent of gross revenues may be derived from the sale of food consumed on the licensed premises
3. The 10-percent rule does not apply to food provided by the business if limited to popcorn or nonperishable snack items commercially prepackaged off the premises.
4. Not located within, and not sharing any common entryway or common indoor area with, any other enclosed workplace, such as a hallway, concourse or lobby.
5. Must file election to permit smoking."
Here is one of my client's (lawyer) interpretation:
"Stand-Alone Bar. One of the most important definitions, because it is tied to one of the exempt uses, is that of Stand-Alone Bar. There are several important criteria for a bar to meet the statutory test.
Food must be incidental to the consumption of alcohol, and no more than 10 percent of the gross revenue of the establishment can be from the sale of food consumed on the licensed premises. In order to monitor food consumption, aside from customary bar snacks (a term not defined), vendors may not provide or serve food without charging a separately stated price that reasonably approximates the retail value of the food. This means that free food and pricey drinks wont work to avoid the ban on smoking. An audit, at the vendors expense, must be submitted to the state every three years demonstrating the vendors compliance with this requirement. A Stand-Alone Bar cannot share any common entryway or indoor area (such as, for example, kitchens, bathrooms, hallways, stairs, elevators, foyers) with any other Enclosed Indoor Workplace. This is architecturally relevant for bars within hotels.
Stand-Alone Bars will be looked at very carefully, and the renewal of their vendors licenses will depend in part upon their compliance or non-compliance with this law. As of July 1, 2003, until the renewal of the vendors license, the vendor must post a notice of its intention to comply with the statutorily required conditions and qualifications of a Stand-Alone Bar. There are administrative obligations in terms of affidavits and license renewal that may be a burden. Similarly, there is an obligation for conspicuous signage at each entrance stating that smoking is permitted in the establishment."
