Title 4 Law Book - Arizona Department of Liquor Licenses and Control

H. If the department intends to disapprove a restaurant's continuation of operation pursuant to subsection E
of this section, or if the local jurisdiction or its agent timely objects to its continuation, the department shall set a
hearing before the board and the local jurisdiction shall post a notice of the hearing for a period of at least twenty
days on the licensed premises. The city or town or the county may testify at the hearing and bona fide residents who
own, lease or reside on property within a one mile radius of the licensed premises may testify before the board
regarding the licensee's request. The board shall determine whether the restaurant may continue its operation based
on consideration of the criteria listed in subsection E of this section.
I. A restaurant licensee may continue to operate with its restaurant license pursuant to subsection E of this
section if the restaurant and the restaurant licensee continue to meet the requirements of this subsection, subsection
E of this section and any other statute. As a condition of continuing operation as a restaurant under subsection E of
this section, the department may require the licensee to specifically acknowledge the representations made by the
licensee regarding its operations in support of the licensee's continuing operation as a restaurant. Notwithstanding
subsection A of this section, if the licensee changes its operation in any way that materially and detrimentally affects
the representations made by the licensee, the department may audit the licensee or terminate the license without an
audit.
J. Notwithstanding section 4-209, subsection D, paragraph 12, the state treasurer shall deposit five per cent
of the annual fee for a restaurant that is permitted to continue operating as a restaurant pursuant to subsection E of
this section in the driving under the influence abatement fund established by section 28-1304.
Chapter 2 REGULATIONS AND PROHIBITIONS
Article 2 Regulatory Provisions
A.R.S. §4-221. Registration of stills; forfeiture; sale; proceeds
A. Every person having in his possession or custody or under his control a still or distilling apparatus shall
register it with the director under the rules the director may prescribe, and every still or distilling apparatus not so
registered, together with all mash, wort or wash, for distillation or for the production of spirits or alcohol, and all
finished products, together with all personal property in the possession or custody of, or under the control of any
person, which may be used in the manufacture or transportation of spirituous liquors, and which is found in the
building or in any yard or enclosure connected with the building in which the unregistered still or distilling
apparatus is located, shall be forfeited to the state.
B. The still, distilling apparatus, mash, wort, wash or finished products shall forthwith be destroyed by any
peace officer, and all personal property forfeited to the state shall be sold at public auction to the highest bidder for
cash on five days' notice.
C. The notice shall be posted at the courthouse in the county in which the personal property was seized or
at the office of the director and shall be published in a newspaper of general circulation published in this state which
is nearest to the place where the personal property was seized. After paying the expenses of the publication and the
expenses of sale from the proceeds of the sale, any balance shall be paid into the general fund of the state.
A.R.S. §4-222. Registration of retail agents; fees
A. Every person who holds a bar, beer and wine bar, liquor store, beer and wine store, club, hotel-motel or
restaurant license and who is authorized by other similarly licensed retailers to act as their retail agent shall register
with the director. Such registration shall be in accordance with the regulations adopted by the director pursuant to
section 4-112 and shall also include a listing of the names and business addresses of those similarly licensed retailers
who have authorized him to act as their retail agent. While possessing a certificate of registration, a retail agent
shall be entitled to purchase and shall accept delivery of spirituous liquors for which he is licensed for and on behalf
of himself and those similarly licensed retailers who have authorized him to act as their retail agent. ON the
termination of such authorization by any retailer, the retail agent shall promptly notify the director. Nothing in this
section shall require a wholesaler to sell malt beverages to a registered retail agent for distribution to other retailers.
B. A fee of five dollars shall be collected for each registered retailer in this state, and a fee of fifty dollars
for each registered agent for a distillery, winery, brewery, importer or broker having its place of manufacture or
business OUTSIDE OF the state.
C. The director shall issue a certificate of registration to each person so registered as provided in this
section, and may, for good cause shown, cancel any certificate of registration so issued.
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June 8, 2012