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

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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 36 June 8, 2012
entrance to the licensed establishment. The application shall be on a form prescribed by the director and shall include a description of the safety concerns. C. The director shall determine in the director's discretion whether to grant permission to lock the front entrance to a club license. The director shall consider, among other factors, the safety concerns documented by the club licensee and the location, method of operation and regulatory history of the club. Fire fighters, law enforcement officers, emergency medical personnel and the director shall have immediate access by means of a master key, master card or other similar device to the licensed establishment at all times that the establishment is occupied. At any time the director may revoke permission to lock the front entrance granted pursuant to this section. A.R.S. §4-229. Licenses; handguns; posting of notice A. A person with a permit issued pursuant to section 13-3112 may carry a concealed handgun on the premises of a licensee who is an on-sale retailer unless the licensee posts a sign that clearly prohibits the possession of weapons on the licensed premises. The sign shall conform to the following requirements: 1. Be posted in a conspicuous location accessible to the general public and immediately adjacent to the liquor license posted on the licensed premises. 2. Contain a pictogram that shows a firearm within a red circle and a diagonal red line across the firearm. 3. Contain the words, "no firearms allowed pursuant to A.R.S. section 4-229". B. A person shall not carry a firearm on the licensed premises of an on-sale retailer if the licensee has posted the notice prescribed in subsection A of this section. C. It is an affirmative defense to a violation of subsection B of this section if: 1. The person was not informed of the notice prescribed in subsection A of this section before the violation. 2. Any one or more of the following apply: (a) At the time of the violation the notice prescribed in subsection A of this section had fallen down. (b) At the time of the violation the person was not a resident of this state. (c) The licensee had posted the notice prescribed in subsection A of this section not more than thirty days before the violation. D. The department of liquor licenses and control shall prepare the signs required by this section and make them available at no cost to licensees. E. The signs required by this section shall be composed of block, capital letters printed in black on white laminated paper at a minimum weight of one hundred ten pound index. The lettering and pictogram shall consume a space at least six inches by nine inches. The letters comprising the words "no firearms allowed" shall be at least three-fourths of a vertical inch and all other letters shall be at least one-half of a vertical inch. Nothing shall prohibit a licensee from posting additional signs at one or more locations on the premises. F. This section does not prohibit a person who possesses a handgun from entering the licensed premises for a limited time for the specific purpose of either: 1. Seeking emergency aid. 2. Determining whether a sign has been posted pursuant to subsection A of this section. Chapter 2 REGULATIONS AND PROHIBITIONS Article 3 Prohibitions A.R.S. §4-241. Selling or giving liquor to underage person; illegally obtaining liquor by underage person; violation; classification; definitions A. If a licensee, an employee of the licensee or any other person questions or has reason to question that the person ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure the serving or delivery of spirituous liquor or entering a portion of a licensed premises when the primary use is the sale or service of spirituous liquor is under the legal drinking age, the licensee, employee of the licensee or other person shall do all of the following: 1. Demand identification from the person. 2. Examine the identification to determine that the identification reasonably appears to be a valid, unaltered identification that has not been defaced. 3. Examine the photograph in the identification and determine that the person reasonably appears to be the same person in the identification. 37 June 8, 2012
Page 1 and 2: State of Arizona Department of Liqu
Page 3 and 4: ARTICLE 2 REGULATORY PROVISIONS 35
Page 5 and 6: TITLE 4. ALCOHOLIC BEVERAGES Chapte
Page 7 and 8: not contiguous to the remainder of
Page 9 and 10: E. The director may enter into a co
Page 11 and 12: adius from the premises proposed to
Page 13 and 14: state, except that for a limited pa
Page 15 and 16: J. Notwithstanding subsection B of
Page 17 and 18: A.R.S. §4-203.03. Wine festival li
Page 19 and 20: B. The provisions of this section s
Page 21 and 22: C. The holder of a government licen
Page 23 and 24: F. A delivery of wine by a domestic
Page 25 and 26: A.R.S. §4-206.01. Bar, beer and wi
Page 27 and 28: through twelve or within three hund
Page 29 and 30: 9. For a liquor store license, whic
Page 31 and 32: was the basis for the felony convic
Page 33 and 34: the licensee in the form of a singl
Page 35: H. If the department intends to dis
Page 39 and 40: M. A person who is under the legal
Page 41 and 42: (e) Sampling shall be limited to on
Page 43 and 44: 4. For a distiller, vintner or brew
Page 45 and 46: PROVISIONS OF THIS SUBSECTION DO NO
Page 47 and 48: A.R.S. §4-244.02. Unlawful importa
Page 49 and 50: B. For the purposes of this section
Page 51 and 52: B. A licensee who has been served w
Page 53 and 54: Sec. 22. Department of liquor licen
Page 55 and 56: 11. Unless specifically authorized
Page 57 and 58: instrument or explosive used, displ
Page 59 and 60: 6. A valid current or expired conce
Page 61 and 62: 2. The nonprofit organization has b
Page 63 and 64: 3. All things of value used or inte
Page 65 and 66: or visual representation depicts a
Page 67 and 68: B. An application for a driver lice
Page 69 and 70: 3. Until the person's eighteenth bi
Page 71 and 72: R19-1-242. Recodified R19-1-243. Re
Page 73 and 74: 4. Newly discovered material eviden
Page 75 and 76: B. Nothing in this rule shall be co
Page 77 and 78: R19-1-213. Repealed R19-1-214. Proh
Page 79 and 80: R19-1-226. Commercial Coercion and
Page 81 and 82: L. Driver sales. All alcoholic beve
Page 83 and 84: plan to be approved by the Departme
Page 85 and 86: ARTICLE 3. UNLICENSED PREMISES DEFI
Page 87 and 88:
7. Course Summary and Evaluation (1
Page 89 and 90:
2. Restaurant equipment is not of s
Page 91:
Table A.- Licensing Time-frames No.
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Title 4 Law Book - Arizona Department of Liquor Licenses and Control

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