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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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6. The business establishment <strong>and</strong>/or its proprietor, manager, comptroller, controlling person,<br />

or employee shall not permit the number <strong>of</strong> patrons within the business establishment to<br />

exceed the maximum occupancy limitations. The maximum occupancy limitations are:<br />

a. Small restaurant: shall not exceed 40 patrons.<br />

b. Catering establishment: shall not exceed 300 patrons.<br />

c. Associations: shall not exceed 300 patrons.<br />

d. Business establishments hosting private social functions: shall not exceed 300 patrons.<br />

7. If any clause, sentence, subsection, Section, or part <strong>of</strong> this act shall be adjudged by any<br />

court <strong>of</strong> competent jurisdiction to be invalid, such judgment shall not affect, impair, or<br />

invalidate the remainder there<strong>of</strong>, but shall be confined in its operation to the clause,<br />

sentence, subsection, Section or part there<strong>of</strong> directly involved in the controversy in which<br />

such judgment shall have been rendered.<br />

R19-1-316. Public Facilities Exemption<br />

Publicly owned <strong>and</strong>/or facilities operated by governmental entities (“Public Facility”) are exempt from<br />

A.R.S. § 4-244.05 if such facilities meet all <strong>of</strong> the following conditions:<br />

1. The possession or consumption <strong>of</strong> spirituous liquor is permitted only within the hours <strong>of</strong> noon<br />

to 10 p.m. as permitted by <strong>Arizona</strong> law, <strong>and</strong> is limited to no more than 10 hours per day;<br />

2. The possession or consumption <strong>of</strong> spirituous liquor is permitted only as an incidental<br />

convenience to the person attending such public facility;<br />

3. The maximum permitted occupancy <strong>of</strong> such public facility shall be 250,000.<br />

4. A person attending such public facility shall possess no more than 24 ounces <strong>of</strong> beer, 6<br />

ounces <strong>of</strong> distilled spirits or 6 ounces <strong>of</strong> wine per person to be consumed on the premises.<br />

5. The Director’s agent <strong>and</strong>/or any peace <strong>of</strong>ficer shall be empowered to enforce A.R.S. <strong>Title</strong> 4<br />

to visit <strong>and</strong> inspect the public facility during business hours.<br />

6. The public facility <strong>and</strong>/or its proprietor, manager, comptroller, controlling person or employee<br />

shall comply with the provisions <strong>of</strong> A.R.S. <strong>Title</strong> 4, Chapters 1, 2, <strong>and</strong> 3, <strong>and</strong> 19 A.A.C. 1.<br />

7. If any clause, sentence, subsection, Section, or part <strong>of</strong> this act shall be adjudged by any<br />

court <strong>of</strong> competent jurisdiction to be invalid, such judgment shall not affect, impair or<br />

invalidate the remainder there<strong>of</strong>, but shall be confined in its operation to the clause,<br />

sentence, subsection, Section or part there<strong>of</strong> directly involved in the controversy in which<br />

such judgment shall have been rendered.<br />

R19-1-317. Licensing Time-frames<br />

The following time-frames apply to licenses issued by the <strong>Department</strong>. The licensing time-frames<br />

consist <strong>of</strong> an administrative completeness review time-frame, a substantive review time-frame, <strong>and</strong><br />

an overall time-frame as defined in A.R.S. § 41-1072.<br />

1. Within the applicable administrative completeness review time-frame set forth in subsection<br />

(5), the <strong>Department</strong> shall notify the applicant in writing when an application is incomplete.<br />

The notice shall specify what information or component is required to make an application<br />

complete.<br />

2. An applicant with an incomplete application shall supply the missing information within 30<br />

days from the date <strong>of</strong> the notice or within such further time as the Director may specify,<br />

unless another time is specified by statute or rule. If the applicant fails to submit the missing<br />

information or component within the specified time period, the <strong>Department</strong> may deem the<br />

application withdrawn <strong>and</strong> close the file. Closing the file under this provision does not preclude<br />

the applicant from filing a new application.<br />

3. Within the applicable overall time-frame set forth in subsection (5), unless extended by<br />

written notification pursuant to A.R.S. § 4-201.01(B), or by mutual agreement pursuant to<br />

A.R.S. § 41-1075, the <strong>Department</strong> shall notify the applicant in writing that the application is<br />

granted or denied. If the application is denied, the <strong>Department</strong> shall serve the applicant with<br />

a written order containing justification for the denial <strong>and</strong> an explanation <strong>of</strong> the applicant’s<br />

right to appeal.<br />

4. For all types <strong>of</strong> liquor licenses, except Special Event <strong>and</strong> Wine Festival <strong>Licenses</strong>, the<br />

Director may extend the overall time-frame as prescribed by A.R.S. § 4-201(B).<br />

5. The licensing time-frames are set forth in Table A.<br />

90<br />

June 8, 2012

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