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

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

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B. For the purposes <strong>of</strong> this section "conviction" means a final conviction. A forfeiture <strong>of</strong> bail or collateral<br />

deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, is equivalent to a<br />

conviction.<br />

A.R.S. §4-249. Consumption <strong>of</strong> liquor by underage person in religious service allowed<br />

The dispensing to or possession or consumption by a person under the legal drinking age <strong>of</strong> spirituous<br />

liquor in the performance <strong>of</strong> a religious service or ceremony is not prohibited by this title.<br />

A.R.S. §4-250. Distilled spirits pricing; prohibition<br />

A. Out-<strong>of</strong>-state producers or suppliers <strong>of</strong> distilled spirits products shall not sell the products to an <strong>Arizona</strong><br />

wholesaler at a cost higher than the lowest price at which the item was sold by the producer or supplier, or any other<br />

person, to any wholesaler anywhere in any other state or in the District <strong>of</strong> Columbia, or to any state or state agency<br />

which owns <strong>and</strong> operates a retail liquor store.<br />

B. The director may require a producer or supplier <strong>of</strong> distilled spirits products to file an affirmation<br />

statement on a form prescribed by the director verifying the bottle <strong>and</strong> case price as well as any discounts then in<br />

effect.<br />

A.R.S. §4-250.01. Out-<strong>of</strong>-state person engaged in business as producer, exporter, importer or<br />

rectifier; violation; cease <strong>and</strong> desist order; civil penalty<br />

A. An out-<strong>of</strong>-state person engaged in business as a producer, exporter, importer or rectifier shall comply<br />

with this title as if licensed by this state. An out-<strong>of</strong>-state person engaged in business as a producer, exporter,<br />

importer or rectifier who violates this title is subject to a fine or a civil penalty <strong>and</strong> suspension or revocation <strong>of</strong> the<br />

right to do business in this state.<br />

B. If the director has reasonable cause to believe that an out-<strong>of</strong>-state person engaged in business as a<br />

producer, exporter, importer or rectifier is acting in violation <strong>of</strong> this title, the director may serve a cease <strong>and</strong> desist<br />

order requiring the person to cease <strong>and</strong> desist the violation.<br />

C. The director may impose a civil penalty not to exceed one hundred fifty thous<strong>and</strong> dollars against an<br />

out-<strong>of</strong>-state person engaged in business as a producer, exporter, importer or rectifier who knowingly violates a cease<br />

<strong>and</strong> desist order issued by the director pursuant to subsection B.<br />

A.R.S. §4-251. Spirituous liquor in motor vehicles; prohibitions; violation; classification; exceptions;<br />

definitions<br />

A. It is unlawful for any person to:<br />

1. Consume spirituous liquor while operating or while within the passenger compartment <strong>of</strong> a motor<br />

vehicle that is located on any public highway or right-<strong>of</strong>-way <strong>of</strong> a public highway in this state.<br />

2. Possess an open container <strong>of</strong> spirituous liquor within the passenger compartment <strong>of</strong> a motor vehicle that<br />

is located on any public highway or right-<strong>of</strong>-way <strong>of</strong> a public highway in this state.<br />

B. A person who violates subsection A <strong>of</strong> this section is guilty <strong>of</strong> a class 2 misdemeanor.<br />

C. This section does not apply to:<br />

1. A passenger in any bus, limousine or taxi.<br />

2. A passenger in the living quarters <strong>of</strong> a motor home as defined in section 28-4301.<br />

D. For the purposes <strong>of</strong> this section:<br />

1. "Motor vehicle" means any vehicle that is driven or drawn by mechanical power <strong>and</strong> that is designed<br />

primarily for use on public highways. Motor vehicle does not include a vehicle operated exclusively on rails.<br />

2. "Open container" means any bottle, can, jar or other receptacle that contains spirituous liquor <strong>and</strong> that<br />

has been opened, has had its seal broken or the contents <strong>of</strong> which have been partially removed.<br />

3. "Passenger compartment" means the area <strong>of</strong> a motor vehicle designed for the seating <strong>of</strong> the driver <strong>and</strong><br />

other passengers <strong>of</strong> the vehicle. Passenger compartment includes an unlocked glove compartment <strong>and</strong> any unlocked<br />

portable devices within the immediate reach <strong>of</strong> the driver or any passengers. Passenger compartment does not<br />

include the trunk, a locked glove compartment or the area behind the last upright seat <strong>of</strong> a motor vehicle that is not<br />

equipped with a trunk.<br />

4. "Public highway or right-<strong>of</strong>-way <strong>of</strong> a public highway" means the entire width between <strong>and</strong> immediately<br />

adjacent to the boundary lines <strong>of</strong> every way maintained by the federal government, this state or a county, city or<br />

town if any part <strong>of</strong> the way is generally open to the use <strong>of</strong> the public for purposes <strong>of</strong> vehicular travel.<br />

49<br />

June 8, 2012

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