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

A.R.S. §4-223. Authority of cities and towns to tax transactions involving spirituous liquors;
prohibitions
A. In addition to the taxes provided for in this chapter, incorporated cities and towns shall have the power
to levy a tax on the privilege of engaging or continuing in the business of selling spirituous liquor at retail within
their corporate limits and to impose a permit tax or fee, but this section shall not apply to wholesalers licensed under
section 4-209.
B. This section shall not be construed to give to incorporated cities and towns power to prohibit the
manufacture, sale, distribution, and disposal of intoxicating liquors.
A.R.S. §4-224. Local ordinances; prohibitions
A city, town or county shall not adopt ordinances or regulations in conflict with the provisions of this title
or any rules adopted pursuant to this title including, but not limited to, ordinances or regulations pertaining to hours
and days of liquor sales and ordinances or regulations that conflict with the definition of restaurant in section 4-
205.02. A city, town or county shall not limit any right granted by the license, by this title or by any rules adopted
pursuant to this title. A city, town or county may enforce lawful zoning requirements. Zoning shall not be a basis
for protesting or denying a license under this title.
A.R.S. §4-226. Exemptions
The provisions of this title do not apply to:
1. Drugstores selling spirituous liquors only upon prescription.
2. Any confectionery candy containing less than five per cent by weight of alcohol.
3. Ethyl alcohol intended for use or used for the following purposes:
(a) Scientific, chemical, mechanical, industrial and medicinal purposes.
(b) Use by those authorized to procure spirituous liquor or ethyl alcohol tax-free, as provided by the acts of
Congress and regulations promulgated thereunder.
(c) In the manufacture of denatured alcohol produced and used as provided by the acts of Congress and
regulations promulgated thereunder.
(d) In the manufacture of patented, patent, proprietary, medicinal, pharmaceutical, antiseptic, toilet,
scientific, chemical, mechanical and industrial preparations or products, unfit and not used for beverage purposes.
(e) In the manufacture of flavoring extracts and syrups unfit for beverage purposes.
4. The purchase, storage, distribution, service or consumption of wine in connection with the bona fide
practice of a religious belief or as an integral part of a religious exercise by a church recognized by the United States
internal revenue service under section 501(c)(3) of the internal revenue code and in a manner not dangerous to
public health or safety. This exemption does not apply to any alleged violation of section 4-244, paragraph 9, 34, 35
or 41.
A.R.S. §4-227. Spirituous liquor pricing; prohibition; definitions
A. Subject to subsection B of this section, a wholesaler shall sell its product to a qualified retail
cooperative without regard to the volume of the product purchased by the cooperative at the lowest price at which
the wholesaler sells the product to any other retail licensee at or near the location of the cooperative.
B. The provisions of subsection A of this section shall apply only to a purchase by a retail cooperative of
fifty cases or more of a product on a single occasion.
C. As used in this section:
1. "Product" means a particular brand of spirituous liquor in a designated size container or a mix of brands
and containers when sold on a combined basis established by the wholesaler which is offered on quantity discount
terms established by the wholesaler.
2. "Qualified retail cooperative" means a retail cooperative of twenty retail licensees or more established
pursuant to section 4-222.
A.R.S. §4-228. Front entrance lock prohibited; exception
A. Except as provided in this section, an on-sale licensee shall not lock or permit to be locked the front
entrance to a licensed establishment until all persons other than the licensee or the licensee's employees on duty have
left the premises. This section does not prohibit locking the premises immediately after the closing of the premises
if an employee and one other person remain on the premises.
B. If the holder of a club license issued pursuant to section 4-205 has bona fide concerns regarding the
safety of club members and their guests, the licensee may apply to the director for permission to lock the front
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June 8, 2012