Smoking and Vaping Regulations for Stand Alone Bars in Florida

Tapping a cigar on a bar. Unsplashed Licensed. Credit: Julian Lozano on unsplash.com

When it comes to smoking and vaping, businesses need to be aware of the rules and communicate them clearly to their customers. Understanding the relevant laws and definitions in Florida is crucial for businesses to determine if smoking and vaping can be allowed on their premises. In this blog post, we will delve into the statutes and explore which businesses are exempt and which are not.

The Florida Clean Air Act

The Florida Clean Air Act prohibits smoking or vaping in all indoor workplaces, except for specific locations. Certain places identified by the law allow tobacco smoking or vaping, or both. By understanding the law’s definitions, businesses can effectively address smoking and vaping within their establishments. The list of locations in which smoking or vaping may be permitted includes a “stand-alone bar that complies with all applicable provisions of the [Florida] Beverage law.” By identifying what your business is according to the law’s definitions, you will be able to address smoking and vaping in your business.

Defining a Stand-Alone Bar

The Florida Statutes defines a “stand-alone bar” as licensed premises that is primarily dedicated to serving alcoholic beverages for on-premises consumption. The sale of food in such establishments should be merely incidental to the consumption of beverages. Additionally, a stand-alone bar should not share any common entryway or indoor area with other enclosed workplaces, where the sale of food or any other product or service generates significant revenue. To put it simply, for smoking and vaping to be allowed, the business must primarily focus on selling alcoholic beverages, be physically separate from other workplaces, and generate less than 10% of gross revenue from food sales.

Determining Predominant Dedication to Alcohol Sales

The determination of whether an establishment is predominantly dedicated to the serving of alcoholic beverages for on-premises consumption is made by the Florida Division of Alcoholic Beverages and Tobacco (ABT). The ABT compares the percentage of gross alcohol sales revenue from on-premises consumption with other revenue categories:

(a) Gross alcohol sales revenue from alcohol sold for consumption off the premises where the purchaser is required to enter.

(b) Gross alcohol sales revenue from alcohol sold for consumption off the premises where the purchaser is not required to enter.

If the percentage of gross alcohol sales revenue from on-premises consumption is higher than that of each individual category, the establishment is considered predominantly dedicated to the serving of alcoholic beverages.

Recordkeeping Requirements

Qualifying stand-alone bars must file an annual affidavit with the Florida Division of Alcoholic Beverages and Tobacco (ABT), certifying that no more than 10% of total gross revenue in the preceding twelve months was derived from retail sales of food consumed on the licensed premises. The percentage of food sales is calculated by dividing gross revenues from on-premises food sales by the gross revenue of the licensed premises. In addition, stand-alone bars must maintain accurate records of all sales and purchases. This includes documenting purchases of food, gross retail sales of alcohol for on premises consumption, gross retail sales of alcohol for off premises consumption, gross retail sales of on premises food, gross retail sales of off premises food, and gross revenue from other sales.

Conclusion

To comply with smoking and vaping regulations in Florida, businesses must understand the definitions and provisions outlined in the Florida Clean Air Act. By determining whether they qualify as a stand-alone bar and adhering to the required record-keeping practices, businesses can ensure they are in compliance with the law. Clear communication with customers regarding smoking and vaping policies will contribute to a safer and healthier environment for all.

Because we’re attorneys: Disclaimer. Published 07/21/2023.