Florida Regulations 61A-3.039: Exceptions in Employment of Minors and Others
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(1) As used in Florida Statutes § 562.13:
(a) “”Employ”” means selecting a person to perform work for wages or tips who is subject to dismissal and control by the licensee. It shall also include permitting a person to work or the presence of any person in any place of employment during open hours who is not a customer.
(b) “”Drugstores, grocery stores, department stores, florists, specialty gift shops, automobile service stations””, shall mean any premises for which a beer or beer and wine package only license is issued.
(c) “”Senior high school student”” shall mean any person who has completed the ninth grade and enrolled in the tenth, eleventh, or twelfth grade in a public or private school.
(d) “”Senior high school graduate”” shall mean any person who has been issued a high school or high school equivalency diploma.
(e) “”Written permission”” shall mean that the licensee has on the licensed premises a copy of the high school diploma or evidence that the person is a senior high school student.
(f) “”Bona fide food service establishment”” shall mean any premises issued a current and valid restaurant license from the Division of Hotels and Restaurants and which derives at least 51 percent of its total gross revenues from the retail sale of food and non-alcoholic beverages served for consumption on the premises on a bi-monthly basis.
(g) “”Sale, preparation, and service of alcoholic beverages”” shall not include cashier duties, whose sole job is accounting for guest checks and income, bussing tables, or general cleaning duties.
(2) Each licensed vendor who employes anyone under 18 years of age shall maintain on the licensed premises a position description that lists all of their duties.
(3) A licensed vendor is not prohibited from employing anyone under 18 years of age in a business which is not licensed to sell alcoholic beverages, or in the vendor’s office, provided it is a separate premises and not connected to the licensed premises by an interior doorway.
(4) Florida Statutes Chapter 450, Part I, set forth special restrictions when employing persons under the age of 18.
Rulemaking Authority 561.11 FS. Law Implemented Florida Statutes § 562.13. History-New 10-1-68, Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-3.39, 7A-3.039, Amended 2-28-94.
Terms Used In Florida Regulations 61A-3.039
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
(b) “”Drugstores, grocery stores, department stores, florists, specialty gift shops, automobile service stations””, shall mean any premises for which a beer or beer and wine package only license is issued.
(c) “”Senior high school student”” shall mean any person who has completed the ninth grade and enrolled in the tenth, eleventh, or twelfth grade in a public or private school.
(d) “”Senior high school graduate”” shall mean any person who has been issued a high school or high school equivalency diploma.
(e) “”Written permission”” shall mean that the licensee has on the licensed premises a copy of the high school diploma or evidence that the person is a senior high school student.
(f) “”Bona fide food service establishment”” shall mean any premises issued a current and valid restaurant license from the Division of Hotels and Restaurants and which derives at least 51 percent of its total gross revenues from the retail sale of food and non-alcoholic beverages served for consumption on the premises on a bi-monthly basis.
(g) “”Sale, preparation, and service of alcoholic beverages”” shall not include cashier duties, whose sole job is accounting for guest checks and income, bussing tables, or general cleaning duties.
(2) Each licensed vendor who employes anyone under 18 years of age shall maintain on the licensed premises a position description that lists all of their duties.
(3) A licensed vendor is not prohibited from employing anyone under 18 years of age in a business which is not licensed to sell alcoholic beverages, or in the vendor’s office, provided it is a separate premises and not connected to the licensed premises by an interior doorway.
(4) Florida Statutes Chapter 450, Part I, set forth special restrictions when employing persons under the age of 18.
Rulemaking Authority 561.11 FS. Law Implemented Florida Statutes § 562.13. History-New 10-1-68, Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-3.39, 7A-3.039, Amended 2-28-94.