08/15/2023
Did you know that as of July, 2023 the new legislation expands the opportunities for new restaurants, that found the old criteria too restrictive, making licensure under an SFS unlikely. The revised statute, includes:
“A bona fide food service establishment that has 2,000 square feet (old statue required 2,000 sf) of service area, is equipped to serve meals to 120 persons at one time (old statue required 150) has at least 120 physical seats available (old statute did not mention seating, it did years ago but was changed and removed) for patrons to use during operating hours, holds itself out as a restaurant and derives at least 51 percent of its gross food and beverage revenue from the sale of food and nonalcoholic beverages…”
The amended statute opens the door for smaller restaurants (as in, square footage) to acquire the special license. Prior to the passage of the amended statute, smaller restaurants were limited to selling beer and wine (2COP), only or investing heavily in a Florida Quota license. Many aspiring restaurateurs found both options either too costly or too limiting to bottom-line revenue. Aspiring restaurateurs were forced to table their dining concepts and the dining public was denied more options. The language of the new statute limits the issuance of the SFS to bona fide restaurants that hold themselves out as such. So, if it looks like a duck, smells like a duck and in this instance, serves up a duck (hopefully, absent the quacking), it is indeed a bona fide restaurant and an SFS will be granted.
