The Florida Division of Alcoholic Beverages and Tobacco (DABT) promulgated updated language for Rule 61A-3.057, governing catered event enforcement and recordkeeping requirements for 13CT licenses. The changes represent DABT's response to ongoing compliance challenges that have consistently frustrated both state and local permitting agencies.
The 13CT license framework has long been plagued by a fundamental issue: the absence of a clear definition for "catered event," the very concept that underpins the entire licensing model. This definitional gap creates confusion among regulators and licensees alike, making consistent enforcement difficult and compliance uncertain.
Compounding these definitional challenges, the relative ease of obtaining a 13CT license and the absence of specific regulatory requirements contributed to a troubling trend of illegal "license rental" arrangements, where unlicensed vendors operate under the banner of legitimate 13CT licensees. This practice undermines the regulatory framework and creates unfair competitive advantages for non-compliant operators.
The updated rule introduces several key changes designed to strengthen oversight and ensure compliance. The rule now requires licensees to maintain comprehensive records, clarifies that the event contract and receipts associated with a specific “catered event” must be maintained with the newly promulgated form during the entire duration of the event, and retained for a period of three years following the date of the event.
Further, the rule now specifies that a representative of the 13CT licensee must be present at all times during the catered contracted event, which targets the illegal renting of a license by ensuring that the person responsible for the sale of alcoholic beverages is in fact associated with the identified licensee rather than a third-party.
These changes signal DABT's commitment to closing regulatory loopholes when such items are addressable and ensuring that 13CT licenses operate within their intended parameters. The enhanced recordkeeping requirements and mandatory compliance demonstrations will likely make it more difficult for unlicensed operators to exploit the 13CT framework through rental arrangements. The updated rule also provides greater clarity for legitimate caterers seeking to understand their obligations, while giving enforcement officials clearer standards for evaluation and compliance verification.
Operators currently holding 13CT licenses should review their current practices to ensure alignment with the new requirements, particularly regarding on-site representation, documentation retention, and the ability to demonstrate statutory compliance through sales records.
While this updated rule addresses many of the operational compliance issues that have plagued the 13CT licensing framework, the underlying definitional challenges around "catered events" remain unresolved. Future regulatory developments may need to tackle this fundamental definitional gap to provide complete clarity for the industry.
Any entity with questions or interest in the 13CT "caterer's" license or any other alcoholic beverage, nicotine, or tobacco product or license should contact Jones Walker's regulated industries attorneys for guidance on compliance and regulatory strategy.
Operators currently holding 13CT licenses should review their current practices to ensure alignment with the new requirements, particularly regarding on-site representation, documentation retention, and the ability to demonstrate statutory compliance through sales records.
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