Define A Bar In Florida

This is a discussion on Define A Bar In Florida within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Can anyone define a bar in Florida? What if they only sell beer and wine and don't have a full liquor license but still have ...

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Thread: Define A Bar In Florida

  1. #1
    Senior Member Array puncho's Avatar
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    Define A Bar In Florida

    Can anyone define a bar in Florida? What if they only sell beer and wine and don't have a full liquor license but still have an area with a counter and seating where beer and wine is served along with food? Is it still considered a bar? I say it is, but would like to see what others think.

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  3. #2
    Ex Member Array triggerman's Avatar
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    I've been carrying in Florida since the CCW law was passed. I would never enter a bar, beer and wine or otherwise, while carrying. I have read somewhere, can't recall specifically offhand, that you're legal to carry in a restaurant that serves alcoholic beverages as long as more than 50% of the premises income is derived from food. I would advise you to contact the Department of Agriculture and Consumer Services or a criminal lawyer and ask them.

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    Senior Member Array puncho's Avatar
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    This kind of clears it up. This was taken from the FDOA website.

    Any portion of an establishment licensed to dispense alcoholic beverages for consumption*

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    Member Array Shadow662's Avatar
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    Well according to that your not allowed to carry in a restaurant that sells alcohol. Even tho most of the profit is from food they still have to have a license to dispense alcohol.
    Go into the place your in question and ask the staff if they sell more alcohol then food. If they says alcohol then don't carry. Or call the PD that covers that resturant and see if they would call it a bar or a resturant.

  6. #5
    Ex Member Array triggerman's Avatar
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    I quit drinking many years ago, so I don't have the problem, but I carry in restaurants that dispense alcohol. If some clown decides to do a Luby's, I won't get caught sitting there waiting to get my head blown off.

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    Member Array flaboatbum's Avatar
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    In Florida it is OK to carry in the dining area, but is NOT OK to carry in the bar portion. You can order a drink in the dining area. The 50% revenue test is a not mentioned in the Statutes and is a lingering myth.

  8. #7
    Ex Member Array triggerman's Avatar
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    Quote Originally Posted by flaboatbum View Post
    In Florida it is OK to carry in the dining area, but is NOT OK to carry in the bar portion. You can order a drink in the dining area. The 50% revenue test is a not mentioned in the Statutes and is a lingering myth.
    Yeah, it's lingering, alright. I heard it years ago when the law was first passed.

  9. #8
    Ex Member Array JOHNSMITH's Avatar
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    I think that you must go with the spirit of the law, which is that somewhere where the main purpose is dispensing alcoholic beverage for consumption at that place can be considered a bar.

    For example, I can go to my Chili's and have a burger, and not be in violation. However, if I go to the bar, most people sit there to drink, and not to eat. As such, that can be rightfully considered a bar. This would place me in violation.

  10. #9
    Member Array Chemistry08's Avatar
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    Here in Washington state you can carry in a restaurant that serves alcohol. A good rule of thumb for defining a bar would be age restriction. If you must be twenty one to be in the establishment I would say carry is a no go. However, if you stay in the regular dining area and avoid the 'bar' your fine if your state permits.

    My favorite bar is a beer and wine bar where it is probably 1000 sqft. of customer area and about a 200 sqft. section which is not technically in the bar (family area) and opposite the age restriction signs. I carry in there all the time (sober of course).

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    VIP Member Array miklcolt45's Avatar
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    Quote Originally Posted by puncho View Post
    This kind of clears it up. This was taken from the FDOA website.

    Any portion of an establishment licensed to dispense alcoholic beverages for consumption*
    Bingo!

    When all else fails, read the laws rather than listening to somebody who may or may not know what they are talking about.

    Even better, pick up Jon Gutmacher's book, Florida Firearms Law, 6th edition. It is used by 80+ LE agencies and 7 or 8 LE academies.

    It is important for us to know the law. It could cost us big time if we don't. And we can't trust someone off of this forum because we really don't know each other.

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    Member Array claybreaker0's Avatar
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    Quote Originally Posted by puncho View Post
    This kind of clears it up. This was taken from the FDOA website.

    Any portion of an establishment licensed to dispense alcoholic beverages for consumption*
    I just read that too......

    Damn that's disturbing. I ALWAYS carry into restaraunts, from what that says ....I can't even carry there? I just texted my buddy who's a cop here in NE Florida to have him check it out and let me know the exact stipulations.

    PS - just realized that "The places marked by an asterisk (*) may have exceptions or additional restrictions." So I wonder what those are? Maybe it IS that over 50% of business rule?
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    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by claybreaker0 View Post
    I just read that too......

    Damn that's disturbing. I ALWAYS carry into restaraunts, from what that says ....I can't even carry there? I just texted my buddy who's a cop here in NE Florida to have him check it out and let me know the exact stipulations.

    Not at all. You can carry in restaurants that serve alcohol. Just not into the "bar" portion of the restaurant. As the statute says......"that portion of an establishment primarily devoted to the sale and on premise consumption of alcoholic beverages".

    FL 790.06(12) applies.

    I'd also recommend a quick search of the forum. This one has been beaten to death.
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    The reference given is just a summary and has an asterisk (*) and says to see regulation for full rules. If you go to the actual code listed below it gives you a better reading of the law. If the primary function of the establishment, or portion of the establishment is the sales of alcoholic beverages you cannot carry. A restaurant is not a problem. If the restaurant has a bar area, it would be off limits. Most places like Applebee, Chili's, TGIF, have a separate bar area which you would not be allowed to carry in. The main food service area, although alcoholic beverages are served would be OK.

    790.06 License to carry concealed weapon or firearm.--
    (12) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; any elementary or secondary school facility; any career center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

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    VIP Member Array AllAmerican's Avatar
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    Quote Originally Posted by flaboatbum View Post
    In Florida it is OK to carry in the dining area, but is NOT OK to carry in the bar portion. You can order a drink in the dining area. The 50% revenue test is a not mentioned in the Statutes and is a lingering myth.
    This post is correct. It is what SC has modeled the current bill in this years session on. You cannot sit in the bar area and order drinks. You can sit in the dining area and order drinks.

    Florida indeed has rest. carry. The reason the 49/51 thing doesnt work is because its not your job to ask every place you eat at that serves alchohol what percentage is what. The establishment probably doesnt even know.
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    Senior Member Array PaulJ's Avatar
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    A quote from Gutmacher's book:

    "In orher words, if you go into a restaurant, you can't go in the bar, you can't even walk through the bar -- but you can sit at a dinner table, go to other places within the establishment not within or through the bar area, and even order drinks with your meal, or just order drinks."
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