Title 4

1 Title 4 Arizona Liquor Law Effective August 9, 2017 FOR DLLC USE ONLY STATE OF ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL THIS LAW BOOK IS PROVIDED AS A COURTESY TO EMPLOYEES OF THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. IT IS INTENDED TO ACCURATELY PRESENT LIQUOR-RELATED STATUTES AND RULES. FOR AN OFFICIAL REFERENCE TO ARIZONA STATUTES, VISIT FOR AN OFFICIAL REFERENCE TO THE ARIZONA ADMINISTRATIVE CODE, VISIT Effective August 9, 2017 TABLE OF CONTENTS Title 4. ALCOHOLIC BEVERAGES .. 7 CHAPTER 1 GENERAL PROVISIONS .. 7 ARTICLE 1 DEFINITIONS .. 7 4-101. Definitions .. 7 ARTICLE 2 DEPARTMENT OF LIQUOR LICENSES AND CONTROL .. 10 4-111. State liquor board; department of liquor licenses and control; members; director; appointment and 10 4-112. Powers and duties of board and director of department of liquor licenses and control; investigations; county and municipal regulation.

2 10 4-113. Enforcement officer; credentials; peace officer status .. 12 4-114. Interest in business prohibited; forfeiture of office .. 12 4-115. Disposition of fees and penalties .. 12 4-116. Receipts from club licenses and applications .. 12 4-118. Inspection of premises .. 12 4-119. Records .. 13 4-120. Liquor licenses fund; exemption .. 13 CHAPTER 2 REGULATIONS AND PROHIBITIONS .. 13 ARTICLE 1 LICENSES .. 13 4-201. Licensing; application procedure in city, town or county; burden of proof .. 13 Extending time limits .. 15 4-202. Qualifications of licensees; application; background information; prior convictions .. 15 4-203. Licenses; issuance; transfer; reversion to state .. 16 Interim permit; fee; rules .. 18 Special event license; rules .. 19 Wine festival license; wine fair license; fee.

3 21 Direct shipment license; issuance; fee; requirements; renewal; civil penalties; limitations; duties; violation; classification; applicability .. 21 Licenses held in nonuse status .. 23 4-204. Personal representative or fiduciary acting for licensee .. 23 4-205. Issuance of club license; regulatory provisions: revocation .. 23 Hotel-motel license; issuance; revocation .. 24 Restaurant license; issuance; regulatory provisions; expiration; definitions .. 24 Government license; issuance; regulatory provisions; agreements with coliseum concessionaires; definitions .. 25 Farm winery license; issuance; regulatory provisions; retail site; fee .. 26 Disposal of seized or recovered 28 Hotel or motel minibars; rules; definitions .. 29 Conveyance license for excursion boats.

4 29 Microbrewery license; issuance; regulatory provisions; retail site .. 29 Domestic microbrewery and domestic farm winery licenses on same land; requirements .. 31 Craft distiller license; issuance; regulatory provisions; fee .. 31 Craft distillery festival license; craft distillery fair license; craft distillery fee .. 33 Tasting rooms with shared patios .. 33 Bar, beer and wine bar or liquor store licenses; number permitted; fee; sampling privileges .. 34 4-207. Restrictions on licensing premises near school or church buildings; definitions .. 35 Submission of floor plan required; alteration of licensed premises; ingress and egress to off-sale package sales in on-sale licensed premises .. 37 4-208. Rejection as to location .. 37 4-209. Fees for license, application, issuance, renewal and transfer; late renewal penalty; seasonal operation; surcharges.

5 37 2 Effective August 9, 2017 TABLE OF CONTENTS 4-210. Grounds for revocation, suspension and refusal to renew; notice; complaints; hearings .. 40 Authority to impose civil penalty; training .. 42 Appeals from director .. 42 4-211. Judicial review; 43 4-212. Injunctions .. 43 4-213. Restaurant audit .. 43 4-214. Arizona wines; labeling .. 45 ARTICLE 2 REGULATORY PROVISIONS .. 45 4-221. Registration of stills; forfeiture; sale; proceeds .. 45 4-222. Registration of retail agents; fees .. 45 4-223. Authority of cities and towns to tax transactions involving spirituous liquors; prohibitions .. 46 4-224. Local ordinances; prohibitions .. 46 4-226. Exemptions .. 46 4-227. Qualified retail cooperatives; pricing; definitions .. 46 Channel pricing; definition .. 46 4-228. Front entrance lock prohibited; exception.

6 47 4-229. Licenses; handguns; posting of 47 ARTICLE 3 48 4-241. Selling or giving liquor to underage person; illegally obtaining liquor by underage person; violation; classification; definitions .. 48 4-242. Sale of liquor on credit prohibited; exceptions .. 50 Prohibitions of automatic teller machine or point-of-sale terminal that accepts electronic benefit transfer cards on premises .. 50 4-243. Commercial coercion or bribery unlawful; exceptions .. 50 Purchasing from other than primary source of supply unlawful; definitions .. 52 Sale of beer, wine or distilled spirits by producer; limitations .. 53 On-sale retail licensees; ownership interests; conditions .. 53 4-244. Unlawful acts .. 53 Unlawful importation of spirituous liquor; 57 Farm winery sampling.

7 58 Unlicensed business establishment or premises; unlawful consumption of spirituous liquor; civil penalty; seizure and forfeiture of property .. 58 4-246. Violation; classification .. 59 4-247. Peace officers .. 59 4-248. Reporting by court of convictions; definition .. 59 4-249. Consumption of liquor by underage person in religious service 59 4-250. Distilled spirits pricing; prohibition .. 60 Out-of-state person engaged in business as producer, exporter, importer or rectifier; violation; cease and desist order; civil penalty .. 60 4-251. Spirituous liquor in motor vehicles; prohibitions; violation; classification; exceptions; definitions .. 60 ARTICLE 4 WARNING SIGNS .. 61 4-261. Warning signs; consumption of spirituous liquor during pregnancy; composition of signs; rules; inspection of premises; penalty.

8 61 4-262. Display of license .. 61 CHAPTER 3 CIVIL LIABILITY OF LICENSEES AND OTHER PERSONS .. 62 ARTICLE 1 LIABILITY LIMITATION .. 62 4-301. Liability limitation; social host .. 62 4-302. Notice of litigation .. 62 3 Effective August 9, 2017 TABLE OF CONTENTS ARTICLE 2 ILLEGAL SALE OF SPIRITUOUS LIQUOR .. 62 4-311. Liability for serving intoxicated person or minor; definition .. 62 4-312. Liability limitation .. 62 OTHER RELEVANT STATUTES NOT IN Title 4 .. 63 Title 5. AMUSEMENT AND SPORTS .. 63 CHAPTER 1 HORSE AND DOG RACING .. 63 ARTICLE 1 GENERAL PROVISIONS .. 63 5-116. Prohibition of automatic teller machine or point-of-sale terminal that accepts electronic benefit transfer cards on premises; violation; classification .. 63 Title 9. CITIES AND TOWNS .. 63 CHAPTER 4 GENERAL POWERS.

9 63 ARTICLE MUNICIPAL ZONING .. 63 Public hearing required .. 63 ARTICLE 8 MISCELLANEOUS .. 65 Hospitality industry; discrimination prohibited; use of tax proceeds; exemption; definitions .. 65 Title 13. CRIMINAL CODE .. 66 CHAPTER 29 OFFENSES AGAINST PUBLIC ORDER .. 66 13-2904. Disorderly conduct; classification .. 66 CHAPTER 31 WEAPONS AND EXPLOSIVES .. 66 13-3102. Misconduct involving weapons; defenses; classification; definitions .. 66 13-3105. Forfeiture of weapons and explosives .. 69 13-3108. Firearms regulated by state; state preemption; injunction; civil penalty; cause of action; violation; classification; definition .. 69 13-3111. Minors prohibited from carrying or possessing firearms; exceptions; seizure and forfeiture; penalties; classification .. 71 13-3112.

10 Concealed weapons; qualification; application; permit to carry; civil penalty; report; applicability .. 72 13-3122. Unlawful use of electronic firearm tracking technology; classification; definitions .. 74 CHAPTER 33 GAMBLING .. 75 13-3301. Definitions .. 75 13-3302. Exclusions .. 76 13-3303. Promotion of gambling; classification .. 77 13-3304. Benefiting from gambling; classification .. 77 13-3305. Betting and wagering; 77 13-3306. Possession of a gambling device; classification .. 78 13-3307. Possession of gambling records; classification .. 78 13-3308. Presumption .. 78 13-3309. Seizure; exception; definition .. 78 13-3310. Forfeiture .. 78 13-3311. Amusement gambling intellectual contests or events; registration; filing of rules; sworn statement; exceptions .. 79 13-3312. Crane games; prohibited acts; classification.