Understanding Florida’s Alcohol Licenses – 2APS, 2COP, and SFS Compared

Florida regulates alcoholic beverages under a framework that dates back to the Prohibition Era. The system is built on a three-tier model where manufacturers can only sell to distributors, distributors serve as middlemen to retailers, and retailers may only purchase from distributors. While this system was designed to limit access to alcohol, it creates challenges for business owners who need to navigate the licensing process.

If you plan on opening a retail establishment that sells alcoholic beverages, choosing the right license is an important first step. Outside of quota licenses, the most common retail options are the 2APS (Beer and Wine Package Sales) license, the 2COP (Consumption on Premises) license, and the Specialty Food Service (SFS) license. Each has distinct privileges, requirements, and limitations.

The 2APS License

The 2APS license is the most restrictive but is also simple to obtain and manage. It authorizes the sale of beer and wine in sealed containers for off-premises consumption only. See Section 561.14(3), Florida Statutes.

These licenses are common among supermarkets, convenience stores, and specialty shops that sell packaged beer and wine for customers to take home. Holders cannot allow customers to consume alcohol on-site, and liquor sales are prohibited.

The 2COP License

For businesses that want to allow on-site consumption, the 2COP license is the next step. It authorizes the sale of beer and wine for consumption on premises, as well as the option to sell sealed containers for takeout if not prohibited by local ordinances. See Section 565.045, Florida Statutes.

The 2COP license can only be issued to a permanent location that complies with local zoning, land use, and health codes. It is location-specific and cannot be transferred without approval. While it does not allow for liquor sales, it is popular among restaurants, cafes, breweries, and small venues that want to serve beer and wine alongside food.

The Special Food Service (SFS) License

Businesses that want to sell liquor without pursuing a quota license may qualify for the SFS license. Under Section 561.20(2)(a)4, Florida Statutes, restaurants can apply for an SFS license if they meet certain physical and revenue requirements.

The standard requirement is a minimum of 2,500 square feet of service area and seating for at least 150 patrons. However, special legislative acts apply in certain parts of Florida, reducing the minimum size and seating thresholds. For example:

• Downtown Jacksonville: 1,800 square feet, 100 patrons (Special Act 2022-259)
  
• Northside West, East & Kings Ave Corridor: 1,000 square feet, 50 patrons (Local Law of Application)
  
• Jacksonville Beach Incentive Zone: 1,200 square feet, 50 patrons (Special Act 2023-342)
  

In addition, an applicant must have a right of occupancy (such as a lease), a floor plan, and a valid food service license before applying. Licensees must maintain detailed itemized records of all purchases and sales of food and beverages for at least three years, subject to periodic audits by the Division of Alcoholic Beverages and Tobacco (ABT). Importantly, at least 51 percent of gross revenue must come from food and nonalcoholic beverages.

Choosing the Right License

Each license serves a different type of business, so choosing the right one depends on your business model and long-term goals.

• 2APS: Best for retail stores, specialty wine shops, and grocery chains that want to sell sealed beer and wine products for customers to take home. For example, a neighborhood corner market that sells packaged beer and wine alongside other convenience items would likely choose a 2APS.
  
• 2COP: Ideal for small restaurants, bars, or cafes that want to serve beer and wine as part of their dining experience. For example, a pizzeria that wants to sell draft beer with meals, or a small bistro that pairs wine with its menu, would benefit from a 2COP.
  
• SFS: Designed for larger or full-service restaurants that want to offer a full bar, including liquor, without the expense of a quota license. For example, an upscale steakhouse or family-style restaurant that draws in high-volume dining customers could qualify if it meets the square footage and seating requirements and can maintain the 51 percent food revenue threshold.
  

If you are unsure which license fits your business model, consider not just your immediate needs but also your growth goals. A cafe starting with a 2COP might eventually expand into a larger restaurant model that qualifies for an SFS.

Feature	2APS	2COP	SFS
Beverage Types	Beer & Wine	Beer & Wine	Beer, Wine & Liquor
Consumption	Off-premises only	On-premises	On-premises
Liquor Sales	❌	❌	✅
Revenue Requirements	None	None	51% food/nonalcoholic
Space Requirements	None	None	2,500 sq ft + 150 seats
Common Use	Retail stores	Restaurants, cafes	Full-service restaurants

*Some Florida jurisdictions permit smaller spaces and seating through special legislation.

Conclusion

Florida’s alcohol licensing framework can be challenging, but understanding the differences between 2APS, 2COP, and SFS licenses helps business owners align their license with their business model. Choosing correctly at the outset saves time, reduces risk, and positions your business for long-term success.

When considering a license, it is wise to check zoning and land use restrictions in your area, confirm whether any local ordinances limit off-premises sales or consumption, and plan for ABT audits by keeping accurate records from day one. For SFS applicants, keeping food and beverage revenue carefully tracked is critical to maintaining compliance.

If you are considering which license best fits your goals, contact Jimerson Birr. Our attorneys can guide you through the process, help you avoid common pitfalls, and ensure your business stays compliant with Florida’s regulatory requirements.