Alcoholic Beverages & Tobacco – FAQs

We suggest that you submit your fingerprints using a Florida Department of Law Enforcement (FDLE) approved Livescan Device Vendor at least 5 days prior to submitting your application for licensure. This will allow sufficient time for FDLE to process your fingerprints and submit the results to the Department. If your fingerprint results are not received by the Department at the time your application is being processed, your application will be deemed incomplete.

The Department of Business and Professional Regulation accepts electronic fingerprinting service offered by Livescan device vendors that are approved by the Florida Department of Law Enforcement and listed at their site. You can view the vendor options and contact information at Livescan Device Vendors List.

If you are an applicant seeking a license for any profession regulated by the Department of Business and Professional Regulation, which requires a criminal background search as a condition of licensure, you must provide accurate demographic information at the time your fingerprints are taken. Please make sure that you clearly identify the profession for which you are seeking to be licensed or select “Temporary License for Military Spouse” and submit your fingerprints payment to the vendor. Any inaccurate information that you provide could cause a delay in processing your request. You must provide the correct ORI number

The following professions require submission of electronic fingerprints as a part of the licensure application. The ORI number identifies the correct profession and the agency that is responsible for processing your request. The ORI numbers are indicated next to each profession.

FDLE will only retain the criminal results from applicants for a period of six months from the date the fingerprints were rolled. Applicants should submit their applications soon after submitting their fingerprints in order to afford themselves an opportunity to resolve any application deficiencies prior to the expiration of the criminal history results

In the traditional method of fingerprinting, ink is applied to each of your fingers which are then “rolled” across a fingerprint card to obtain your prints. With electronic fingerprinting, there is no ink or card. Your fingerprints are “rolled” across a glass plate and scanned. It is faster and cleaner than the traditional method. Electronic fingerprinting reduces the likelihood of illegible fingerprints and will reduce the overall application processing time.

It should only take approximately 5-10 minutes.

The total fee charged by each vendor varies. Please contact the vendor to obtain this information. The fingerprint results are usually received by the department two to four days after your fingerprints are scanned. You can view the vendor options and contact information at Livescan Device Vendors List.

All applicants will be required to bring two (2) forms of identification to the electronic fingerprinting site on the day of scheduled fingerprinting. One of the two types of identification must bear your picture and signature such as a driver’s license, state identification card or passport. Applicants cannot be permitted to be fingerprinted without proper identification

As of the date of the mailing of the deficiency letter, your electronic fingerprinting results have not been transmitted to the Department of Business and Professional Regulation. We will not be able to process your application until we have received this information. You should contact your fingerprint vendor to determine if they have submitted the prints to the FDLE for processing. Vendor contact information can be viewed at Livescan Device Vendors List.

The electronic fingerprint scanning machines are equipped to determine if your fingerprints scanned successfully; however, if it is determined by the Federal Bureau of Investigation that your prints were not legible, we will send you a notification letter asking you to go back to the same vendor that did your initial prints and schedule a re-roll of your prints. You will be required to bring the notification letter with you as information such as the TCN (Transaction Control Number) and TCR (Transaction Control Reference) must be identified and used at the time of the reroll.

DBPR will retain results of the prints for 12 months from the date your digital fingerprints were electronically received by the Florida Department of Law Enforcement. FDLE retain the prints for 180 days only. If your prints have expired at the time your application is submitted to the department, you will be required to submit new prints again.

Per FBI regulation, your prints cannot be shared between professions or with other agencies. You are required to have separate prints for each license you are applying for, using the correct ORI.

As an applicant, you have the choice to select a vendor approved by the FDLE. Since DBPR does not approve or regulate Livescan vendors, you will be fully responsible for the fingerprint submission and for ensuring that the prints have been timely submitted to the FDLE. The DBPR retrieves the fingerprint results from the Department of Law Enforcement through a secure web site. We suggest that you ask the vendor for a receipt showing payment date and other pertinent information in case you need to go back to them for assistance.

Go to the FDLE Livescan Device Vendors List and choose a Livescan vendor that is certified as “hard card scanning capable”. These vendors have the ability to process fingerprints through additional methods, including the use of hard copy fingerprint cards. If the vendor requests that you provide a fingerprint card, you may call the Department of Business and Professional Regulation at 850.487.1395 to obtain one. When requesting a card, please specify the profession for which you are seeking licensure.

If you are unable to obtain fingerprinting services through an FDLE approved “hard card scanning capable” vendor, please contact the Department of Business and Professional Regulation by calling 850.487.1395 to request the alternative procedure for fingerprint processing and fingerprint card. Each fingerprint card has a specific ORI code identifying the profession. When requesting a card, please specify the profession for which you are seeking licensure. Once the fingerprint card is received, you may then go to a local law enforcement office in your area to have your fingerprints rolled onto the card. Other information will be completed at the local law enforcement agency. For all programs, the completed card must be mailed to: FLDBPR, Florida Fingerprinting Program, Prints Inc., 119 East Park Avenue, Tallahassee, FL 32301, where the fingerprint card will be scanned. Prior to mailing your fingerprint card, you must complete the steps listed at https://pearson.ibtfingerprint.com/ in order to register and make an advance payment of $50.00 plus Florida Sales Tax. Do not send any money to Prints Inc. Out of State Alcoholic Beverage and Tobacco Applicants only: Your fingerprint card can be obtained from the Department of Business and Professional Regulation by contacting the Division of Alcoholic Beverages and Tobacco at 850.488.8284, or one of the division’s district offices. A listing of the district offices can be found here.. Once the fingerprint card is received, you may then go to a local law enforcement officer in your area to have your fingerprints rolled onto the card. Information specific to the Division of Alcoholic Beverages and Tobacco will be preprinted on the fingerprint card. Other information will be completed at the local law enforcement agency. The instructions for submitting your fingerprint card are outlined above.

The Livescan vendor will send your scanned fingerprint images to the Florida Department of Law Enforcement (FDLE) using the ORI number you provide to the vendor. The FDLE/FBI will process the fingerprints and provide the results to the Department of Business and Professional Regulation, usually within three to five business days from the scan date. You do not have to do anything with your fingerprint results unless the department contacts you for additional information.

The Florida Department of Law Enforcement (FDLE) has developed a new feature that will allow an individual or organization to perform a search to determine the status of an applicant Livescan transaction. The Civil Workflow Control System (CWCS) serves as the FDLE automated applicant criminal history request system. The status of a CWCS transaction can now be provided from a search within the newly developed “Civil Workflow Control System Transaction Status Search”. The only identifier needed to perform the search is the Transaction Control Number (TCN) which is generated at the time the applicant information and fingerprints are captured. The “Civil Workflow Control System Transaction Status Search” is available to the public at: https://web.fdle.state.fl.us/search/app/tcnlookup

If during the renewal process you find discrepancies between your records and the Department’s, please proceed as follows:

1. 1. Follow the renewal process for those brands that you desire to renew.
   2. To resolve the discrepancies, please send an explanation of the discrepancy and applicable supporting documentation to: Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee FL 32399-1021

Note: the FAQ: “Step-by-Step Online Brand Renewal Process with Screen Shots” includes instructions on how to print a report of your registered brands that are in a current and active status.

If the establishment is a Department of Business and Professional Regulation licensee, provide the complaint information to the department:

• On the department’s web site at www.MyFloridaLicense.com
• By contacting the department’s Customer Contact Center at 850.487.1395; or
• By mailing directly to the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-1021.

For all other enclosed workplaces call the Florida Department of Health at 1.800.337.3742.

Florida Statute defines “stand-alone bar” as “any licensed premises devoted during any time of operation predominantly or totally to serving alcoholic beverages, intoxicating beverages, or intoxicating liquors, or any combination thereof, for consumption on the licensed premises; in which the serving of food, if any, is merely incidental to the consumption of any such beverage; and the licensed premises is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace, including any business for which the sale of food or any other product or service is more than an incidental source of gross revenue. A place of business constitutes a stand-alone bar in which the service of food is merely incidental in accordance with this subsection if the licensed premises derives no more than 10 percent of its gross revenue from the sale of food consumed on the licensed premises.” “Stand-alone bar” is the designation given to those licensed premises that operate a business that meets the definition of a stand-alone bar in s. 386.203(11), Florida Statutes, if the only food provided is limited to “nonperishable snack food items.” “Stand-alone bar with food” is the designation given to those licensed premises that operate a business meeting the definition of a stand-alone bar in s. 386.203(11), Florida Statutes, in which the serving of food is merely incidental and the licensed premises derives no more than 10 percent of its gross revenue from the sale of food consumed on the licensed premises.

To qualify, an establishment with an active alcoholic beverage license permitting consumption on the premises must notify the division of its intent to allow smoking and must continue to meet all requirements of a stand-alone bar (see above requirements). (Please note: merely electing to make the stand-alone bar designation does not establish qualification for the exemption.)

• This is done by filing Form DBPR ABT-6039 “Notification of Election to Permit Tobacco Smoking in the Licensed Premises” with the Division of Alcoholic Beverages & Tobacco, 2601 Blair Stone Road, Tallahassee, FL 32399-1021.

There is no fee to add this designation to your alcoholic beverage license.

The following licenses are not eligible for a standalone bar designation:

• S – Special Hotel
• SH – Special Hotel in counties with population of 50,000 or less
• SR – Special Restaurant issued on or after January 1, 1958
• SFS – Special Food Service
• SBX – Special Bowling
• SPX – Pleasure, Excursion, Sightseeing, or Charter boats
• SAL – Special Airport
• SCX – Special Civic Center
• SCC – Special County Commission
• X – Airplanes, Buses, and Steamships
• IX – Railroad Cars
• XL – Passenger Waiting Lounge operated by an airline
• PVP – Passenger Vessels engaged in foreign commerce
• 11AL – American Legion Post permitted to sell to general public
• 11C – Social, Tennis, Racquetball, Beach, or Cabana Club
• 11CT – John and Mable Ringling Museum
• 11GC – Golf Club
• 11PA – Symphony, Live Performance Theatre, Performing Arts Center
• 11CE – Licensed vendors exempt from payment of surcharge tax
• 11CS – Special Club license; not transferable, consumption on premise only
• 12RT – Dog or Horse Track or Jai Alai Fronton
• 13CT – Catering
• HBX – Special Horse Breeders
• FEX – Special Public Fairs/Expositions
• 1APS, 2APS, 3PS, 3APS, 3BPS, 3CPS, and 3DPS – Package Stores

Before making changes, an operator should first rely on s. 386.203(5) and 386.203(11), Florida Statutes, and should consider consulting an attorney.

No, before allowing smoking in this situation, the licensee would have to obtain a separate license for those premises

To allow smoking a stand-alone bar must meet the following conditions:

• No more than 10 percent of the gross revenue of the business may be derived from the retail sale of food consumed on the licensed premises;
• All food must be paid for by a patron at a charge that reasonably approximates the retail value of the food; and
• Any food given away at no charge must be restricted to customary bar snacks only.
• A standalone bar must be totally or predominantly dedicated to the serving of alcoholic beverages for consumption on premises. “Predominantly” means that the revenue from the sale of alcoholic beverages for consumption on premises must exceed all other categories of gross sales listed in Florida Administrative Rule 61A 7.009.

If a complaint is received on such an establishment, the licensee can be issued a notice to comply with the requirements of the law. Failure to comply within 30 days will result in the following penalties:

• First Violation: Civil penalty of not less than $250 and not to exceed $750; and
• Subsequent Violations: Civil penalty of not less than $500 and not to exceed $2,000.

A caterer may deliver food to the stand-alone bar; however, only the licensed operator may provide or serve food on the licensed premises.

“Customary bar snack” means popcorn and any ready to eat food item, commercially prepared and packaged off the premises, served without addition or preparation, that is not a potentially hazardous food. The definition of potentially hazardous food, provided in subparagraph 1-201.10(B)(61), Food Code, 1999 Recommendations of the United States Public Health Service/Food and Drug Administration, incorporated herein by reference, shall apply to Chapter 61AER03-1, F.A.C. Customary bar snacks include:

• Pre-packaged or bulk items: chips (potato, plantain, yucca, etc.), pretzels, nuts, crackers, trail mix, party mix, and pork rinds, and the like.
• Pickled items: eggs, pickles, pigs feet and sausages.

The above may be provided without charge, but may also be provided for sale.

An outdoor patio is a place NOT predominantly or totally bounded all sides and above by physical barriers regardless of whether such barriers consist of or include, without limitation, uncovered openings, screened or otherwise partially covered openings, or open or closed windows, jalousies, doors or the like. A place is “predominantly” bounded by physical barriers anytime BOTH of the following conditions exist:

• it is more than 50 percent covered from above by a physical barrier that excludes rain, and
• more than 50 percent of the combined surface area of its sides is covered by closed physical barriers.  [See s. 386.203(5), Florida Statutes]

Yes. However, if the area is more than 50 percent covered from above by a physical barrier that excludes rain, and more than 50 percent of the combined surface area of its sides is covered by closed physical barriers, smoking is not permitted in the area.

No. All food consumed on the licensed premises must be provided by the licensed operator.

No. There is no hourly designation for smoking. Smoking is allowed in stand-alone bars that meet the requirements of the law as described in question 13.

Yes. For stand-alone bars with smoking designation, signs stating that smoking is permitted must be posted in a conspicuous place at each and every entrance to the establishment. It is left to the establishment’s discretion to determine the color and design of the signs to be posted. Additionally, after the licensee notifies the Division of Alcoholic Beverages & Tobacco of the election to operate as a stand-alone bar, the licensee must post a notice of such intention in the same place the operator’s current alcoholic beverage license is posted. The notice shall affirm the operator’s intent to comply with the conditions and qualifications of a stand-alone bar imposed pursuant to Part II of Chapter 386 and the Beverage Law. Enclosed indoor workplaces that had designated smoking areas prior to this legislation must conspicuously post a sign stating that smoking is now prohibited. This requirement applies to restaurants that were previously required to maintain a “no smoking” section. The requirement will expire on July 1, 2005. While smoking is allowed in designated smoking guestrooms at public lodging establishments, no sign requirement is currently in the law. For all other enclosed indoor workplaces, in order to increase public awareness, the proprietor may, at his or her discretion, post “No Smoking” signs.

No smoking is ever permitted in kitchen or food prep areas. Otherwise, unless the business is eligible for and has made the election to be designated as a stand-alone bar that permits smoking, neither the owner nor his employees may smoke in the licensed premises.

No.

Stand-alone bars holding an “ss” or “ssf” designation shall maintain records to substantiate reports, affidavits and designation qualifications. Records of all purchases of food, all gross retail sales of alcohol for consumption on the licensed premises, all gross retail sales of alcohol for consumption off the licensed premises, all gross retail sales of food sold for consumption on premises, all gross retail sales of food sold for consumption off the premises, and gross revenue from all other sales shall be separately documented. These records include, but are not limited to: purchase invoices, sales tickets, inventory records, receiving records, cash register journal tapes, on premises food sales records, computer records generated from automatic dispensing devices, and any other record documenting or evidencing sales. Records of all purchases and gross retail sales of food consumed on premises must be separately documented. Department of Revenue Sales Tax Returns are acceptable as a record of total sales revenue. All required records must be maintained on the premises, or a designated place approved in writing by the Division of Alcoholic Beverages & Tobacco for a period of 3 years and provided within 14 days of a request by the division. The required records must be legible, clear, and in the English language.

To retain its smoking designation, the establishment must continue to meet all stand-alone bar requirements and must file the following with the Division of Alcoholic Beverages & Tobacco: 0

• At the first renewal of the beverage license that occurs at least 12 months after the initial smoking designation, the licensee must file an affidavit verifying that food sales for the preceding 12 months did not exceed 10 percent of the gross revenue of the business.
• For each subsequent year, to continue to qualify as a stand-alone bar, the licensee must provide to the division annually, on or before the licensee’s annual renewal date, an affidavit that certifies that food sales for the preceding 12 months did not exceed 10 percent of the gross revenue of the business.
• The 10 percent food sales requirement is continual, not annual, and audits are based on any consecutive 2-month period.

Failure to file the required documents or reports will result in loss of the smoking designation and smoking will not be allowed on the premises.

Yes. The department shall have access and the right to examine all records and source documents used to determine compliance with this rule. Licensees must give the department the means, facilities, and opportunity to verify the accuracy of these records. The 10 percent food sales requirement is continual, not annual, and audits are based on consecutive 2-month periods.

To change this status, the licensee must simply notify the division of its desire to cancel its designation as a stand-alone bar.

For more information regarding enforcement for premises licensed by DBPR please contact: The Florida Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, FL 32399 Phone: 850.487.1395 Email: Call.Center@dbpr.state.fl.us Internet:www.MyFlorida.com/dbpr For more information regarding all other enclosed workplaces or the Florida Clean Indoor Act please call the Florida Department of Health at 1.800.337.3742.

Due to an incomplete data upload some people received the second notice in error. Please give the below information to the division and we will research the particular license and will notify you if we need additional information.

• License Number
• Contact Name
• Phone Number

If you have more than one license/location and reported then all under one license and paid with one certified check or money order, we still need a surcharge form for each license.

Please give the below information to the division and we will research the particular license and will notify you if we need additional information.

• License Number
• Contact Name
• Phone Number