(1) Unless otherwise provided in this section, it is unlawful for any vendor licensed under the Beverage Law to employ any person under 18 years of age.
(2) This section shall not apply to:
(a) Professional entertainers 17 years of age who are not in school.
(b) Minors employed in the entertainment industry, as defined by s. 450.012(5), who have either been granted a waiver under s. 450.095 or employed under the terms of s. 450.132 or under rules adopted pursuant to either of these sections.
(c) Persons under the age of 18 years who are employed in drugstores, grocery stores, department stores, florists, specialty gift shops, or automobile service stations which have obtained licenses to sell beer or beer and wine, when such sales are made for consumption off the premises.
(d) Persons 17 years of age or over or any person furnishing evidence that he or she is a senior high school student with written permission of the principal of said senior high school or that he or she is a senior high school graduate, or any high school graduate, employed by a bona fide food service establishment where alcoholic beverages are sold, provided such persons do not participate in the sale, preparation, or service of the beverages and that their duties are of such nature as to provide them with training and knowledge as might lead to further advancement in food service establishments.
(e) Persons under the age of 18 years employed as bellhops, elevator operators, and others in hotels when such employees are engaged in work apart from the portion of the hotel property where alcoholic beverages are offered for sale for consumption on the premises.
(f) Persons under the age of 18 years employed in bowling alleys in which alcoholic beverages are sold or consumed, so long as such minors do not participate in the sale, preparation, or service of such beverages.
(g) Persons under the age of 18 years employed by a bona fide dinner theater as defined in this paragraph, as long as their employment is limited to the services of an actor, actress, or musician. For the purposes of this paragraph, a dinner theater means a theater presenting consecutive productions playing no less than 3 weeks each in conjunction with dinner service on a regular basis. In addition, both events must occur in the same room, and the only advertised price of admission must include both the cost of the meal and the attendance at the performance.
(h) Persons under the age of 18 years who are employed in places of business licensed under s. 565.02(6), provided such persons do not participate in the sale, preparation, or service of alcoholic beverages.
However, a minor to whom this subsection otherwise applies may not be employed if the employment, whether as a professional entertainer or otherwise, involves nudity, as defined in s. 847.001, on the part of the minor and such nudity is intended as a form of adult entertainment.
(3)(a) It is unlawful for any vendor licensed under the beverage law to employ as a manager or person in charge or as a bartender any person:
1. Who has been convicted within the last past 5 years of any offense against the beverage laws of this state, the United States, or any other state.
2. Who has been convicted within the last past 5 years in this state or any other state or the United States of soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly place, or any felony violation of chapter 893 or the controlled substances act of any other state or the Federal Government.
3. Who has, in the last past 5 years, been convicted of any felony in this state, any other state, or the United States.
The term “conviction” shall include an adjudication of guilt on a plea of guilty or nolo contendere or forfeiture of a bond when such person is charged with a crime.
(b) This subsection shall not apply to any vendor licensed under the provisions of s. 563.02(1)(a) or s. 564.02(1)(a).
History.—s. 11, ch. 16774, 1935; CGL 1936 Supp. 4151(237); s. 1, ch. 20830, 1941; s. 1, ch. 22669, 1945; s. 21, ch. 25359, 1949; s. 2, ch. 29964, 1955; s. 1, ch. 57-327; s. 1, ch. 61-429; s. 1, ch. 65-534; s. 1, ch. 67-2208; ss. 16, 35, ch. 69-106; s. 1, ch. 72-183; s. 2, ch. 72-230; s. 1, ch. 73-358; s. 1, ch. 73-365; s. 2, ch. 76-288; s. 1, ch. 77-174; s. 2, ch. 91-60; s. 6, ch. 92-176; s. 52, ch. 95-144; s. 1, ch. 97-44; s. 861, ch. 97-103; s. 5, ch. 2017-137.
Structure Florida Statutes
Title XXXIV - Alcoholic Beverages and Tobacco
Chapter 562 - Beverage Law: Enforcement
562.01 - Possession of Untaxed Beverages.
562.02 - Possession of Beverage Not Permitted to Be Sold Under License.
562.025 - Possession of Beverages as Food Ingredients.
562.03 - Storage on Licensed Premises.
562.06 - Sale Only on Licensed Premises.
562.061 - Misrepresentation of Beverages Sold on Licensed Premises.
562.07 - Illegal Transportation of Beverages.
562.111 - Possession of Alcoholic Beverages by Persons Under Age 21 Prohibited.
562.121 - Operating Bottle Club Without License Prohibited.
562.13 - Employment of Minors or Certain Other Persons by Certain Vendors Prohibited; Exceptions.
562.131 - Solicitation for Sale of Alcoholic Beverage Prohibited; Penalty.
562.15 - Unlawful Possession; Unpaid Taxes.
562.16 - Possession of Beverages Upon Which Tax Is Unpaid.
562.165 - Production of Beer or Wine for Personal or Family Use; Exemption.
562.17 - Collection of Unpaid Beverage Taxes.
562.18 - Possession of Beverage Upon Which Federal Tax Unpaid.
562.20 - Monthly Reports by Common and Other Carriers of Beverages Required.
562.23 - Conspiracy to Violate Beverage Law; Penalty.
562.24 - Administration of Oaths by Director or Authorized Employees.
562.25 - State Bonded Warehouses.
562.26 - Delivering Beverage on Which Tax Unpaid.
562.27 - Seizure and Forfeiture.
562.28 - Possession of Beverages in Fraud of Beverage Law.
562.29 - Raw Materials and Personal Property; Seizure and Forfeiture.
562.30 - Possession of Beverage Prima Facie Evidence; Exception.
562.31 - Possession of Raw Materials Prima Facie Evidence; Exception.
562.32 - Moving or Concealing Beverage With Intent to Defraud State of Tax; Penalty.
562.33 - Beverage and Personal Property; Seizure and Forfeiture.
562.34 - Containers; Seizure and Forfeiture.
562.35 - Conveyance; Seizure and Forfeiture.
562.36 - Beverage on Conveyance Prima Facie Evidence; Proviso.
562.408 - Exercise of Police Power.
562.42 - Destruction of Forfeited Property.
562.452 - Curb Service of Intoxicating Liquor Prohibited.
562.453 - Curb Drinking of Intoxicating Liquor Prohibited.
562.454 - Vendors to Be Closed in Time of Riot.
562.455 - Adulterating Liquor; Penalty.
562.46 - Legal Remedies Not Impaired.
562.47 - Rules of Evidence; Beverage Law.
562.48 - Minors Patronizing, Visiting, or Loitering in a Dance Hall.
562.50 - Habitual Drunkards; Furnishing Intoxicants To, After Notice.
562.51 - Retail Alcoholic Beverage Establishments; Rights as Private Enterprise.
562.61 - Sale, Offer for Sale, Purchase, or Use of Alcohol Vaporizing Devices Prohibited.