Arizona Liquor Laws - Arizona Department of Liquor Licenses and Control

Arizona title 4 Laws and regulations. The Arizona Department of Liquor Licenses and control is governed by Title 4 (Arizona liquor law) where you will find Arizona Revised Statutes. Arizona Administrative Code, also referred to as "Rules", are helpful guidelines which support and clarify Arizona liquor laws.

Click here for Arizona approved $7.95 online Title 4 training: Arizona Title 4 BASIC Liquor Law Training

Printable versions of Arizona liquor law and regulations

August 9, 2017 Title 4 Lawbook (PDF)
August 9, 2017 Title 4 Lawbook (Word Doc)

TITLE 4. ALCOHOLIC BEVERAGES

Chapter 1 GENERAL PROVISIONS

Article 1 Definitions

4-101. Definitions

In this title, unless the context otherwise requires:

Act of violence does not include the use of nonlethal devices by a peace officer.
~~later~~ SOONER.

(a) An individual who is personally familiar to the member, who is personally sponsored by the member andwhose presence as a guest is in response to a specific and personal invitation.

(b) In the case of a club that meets the criteria prescribed in paragraph 7, subdivision (a) of this section, a current member of the armed services of the United States who presents proper military identification and any member of a recognized veterans' organization of the United States and of any country allied with the United States during current or past wars or through treaty arrangements.

(a) A post, chapter, camp or other local unit composed solely of veterans and its duly recognized auxiliary that has been chartered by the Congress of the United States for patriotic, fraternal or benevolent purposes and that has, as the owner, lessee or occupant, operated an establishment for that purpose in this state.

(b) A chapter, aerie, parlor, lodge or other local unit of an American national fraternal organization that has, as the owner, lessee or occupant operated an establishment for fraternal purposes in this state. An American national fraternal organization as used in this subdivision shall actively operate in not less than thirty‑six states or have been in active continuous existence for not less than twenty years.

(c) A hall or building association of a local unit mentioned in subdivisions (a) and (b) of this paragraph, all of the capital stock of which is owned by the local unit or the members, and that operates the clubroom facilities of the local unit.

(d) A golf club that has more than fifty bona fide members and that owns, maintains or operates a bona fide golf links together with a clubhouse.

(e) A social club with more than one hundred bona fide members who are actual residents of the county in which it is located, that owns, maintains or operates club quarters, that is authorized and incorporated to operate as a nonprofit club under the laws of this state, and that has been continuously incorporated and operating for a period of not less than one year. The club shall have had, during this ~~one year period~~ ONE-YEAR-PERIOD, a bona fide membership with regular meetings conducted at least once each month, and the membership shall be and shall have been actively engaged in carrying out the objects of the club. The club's membership shall consist of bona fide dues paying members paying at least six dollars per year, payable monthly, quarterly or annually, which have been recorded by the secretary of the club, and the members at the time of application for a club license shall be in good standing having for at least one full year paid dues. At least fifty‑one percentof the members shall have signified their intention to secure a social club license by personally signing a petition, on a form prescribed by the board, which shall also include the correct mailing address of each signer. The petition shall not have been signed by a member at a date earlier than one hundred eighty days before the filing of the application. The club shall qualify for exemption from the payment of state income taxes under title 43. It is the intent of this subdivision that a license shall not be granted to a club that is, or has been, primarily formed or activated to obtain a license to sell liquor, but solely to a bona fide club, where the sale of liquor is incidental to the main purposes of the club.

(f) An airline club operated by or for airlines that are certificated by the United States government and that maintain or operate club quarters located at airports with international status.

, OR licensee ~~or controlling person~~, whether through the ownership of voting securities or a partnership interest, by agreement or otherwise. Control is presumed to exist if a person has the direct or indirect ownership of or power to vote ten percent or more of the outstanding voting securities of the applicant,OR licensee ~~or controlling person~~ or to control in any manner the election of one or more of the directors of the applicant,OR licensee ~~or controlling person~~. In the case of a partnership, control is presumed to mean the general partner or a limited partner who holds ten percent or more of the voting rights of the partnership. For the purposes of determining the percentage of voting securities owned, controlled or held by a person, there shall be aggregated with the voting securities attributed to the person the voting securities of ~~any other person directly or indirectly controlling, controlled by or under common control with the other person, or by~~ an officer, partner, employee or agent of the person or by a spouse, parent or child of the person. Control is also presumed to exist if a creditor of the applicant,OR licensee ~~or controlling person~~ holds a beneficial interest in ten percent or more of the liabilities of the licensee ~~or controlling person~~. The presumptions in this paragraph regarding control are rebuttable.
"Employee" means any person who performs any service on licensed premises on a full‑time, part‑time or contract basis with consent of the licensee, whether or not the person is denominated an employee, independent contractor or otherwise. Employee does not include a person exclusively on the premises for musical or vocal performances, for repair or maintenance of the premises or for the delivery of goods to the licensee.
20. "Licensee" means a person who has been issued a license or an interim retail permit pursuant to this title or a special event licensee.
21. "License fees" means fees collected for license issuance, license application, license renewal, interim permit issuance and license transfer between persons or locations.
27. "Person" includes a partnership, limited liability company, association, company or corporation, as well as a natural person.
28. "Premises" or "licensed premises" means the area from which the licensee is authorized to sell, dispense or serve spirituous liquors under the provision of the license. Premises or licensed premises includes a patio that is not contiguous to the remainder of the premises or licensed premises if the patio is separated from the remainder of the premises or licensed premises by a public or private walkway or driveway not to exceed thirty feet, subject to rules the director may adopt to establish criteria for noncontiguous premises.
29. "Registered mail" includes certified mail.
30. "Registered retail agent" means any person who is authorized pursuant to section 4‑222 to purchase spirituous liquors for and on behalf of himself and other retail licensees.
31. "Repeated acts of violence" means:

(a) For licensed premises with a permanent occupancy of two hundred or fewer persons, two or more acts of violence occurring within seven days or three or more acts of violence occurring within thirty days.

(b) For licensed premises with a permanent occupancy of more than two hundred but not more than four hundred persons, four or more acts of violence within thirty days.

(c) For licensed premises with a permanent occupancy of more than four hundred but not more than six hundred fifty persons, five or more acts of violence within thirty days.

(d) For licensed premises with a permanent occupancy of more than six hundred fifty but not more than one thousand fifty persons, six or more acts of violence within thirty days.

(e) For licensed premises with a permanent occupancy of more than one thousand fifty persons, seven or more acts of violence within thirty days. For the purposes of this paragraph, "permanent occupancy" means the maximum occupancy of the building or facility as set by the fire marshal for the jurisdiction in which the building or facility is located.

32. "Sell" includes soliciting or receiving an order for, keeping or exposing for sale, directly or indirectly delivering for value, peddling, keeping with intent to sell and trafficking in.
33. "Spirituous liquor" includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor or malt beverage, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, which produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one‑half of one percent of alcohol by volume.
34. "Vehicle" means any means of transportation by land, water or air, and includes everything made use of in any way for such transportation.
35. "Vending machine" means a machine that dispenses merchandise through the means of coin, token, credit card or other nonpersonal means of accepting payment for merchandise received.
36. "Veteran" means a person who has served in the United States air force, army, navy, marine corps or coast guard, as an active nurse in the services of the American red cross, in the army and navy nurse corps in time of war, or in any expedition of the armed forces of the United States, and who has received a discharge other than dishonorable.
37. "Voting security" means any security presently entitling the owner or holder of the security to vote for the election of directors of an applicant, licensee or controlling person.
38. "Wine" means the product obtained by the fermentation of grapes, other agricultural products containing natural or added sugar or cider or any such alcoholic beverage fortified with grape brandy and containing not more than twenty‑four percent of alcohol by volume.

Chapter 1 GENERAL PROVISIONS

Article 2 Department of Liquor Licenses and Control

4-111. State liquor board; department of liquor licenses and control; members; director; appointment and removal
One member shall be a member of a neighborhood association recognized by a county, city or town. The term of members is three years. Members' terms expire on the third Monday in January of the appropriate year. The governor may remove any member of the board for cause. No member may represent a ANOTHER licensee before the board ~~or the department~~ for a period of one year after the conclusion of the member's service on the board.
A majority of the board constitutes a quorum, and a concurrence of a majority of a quorum is sufficient for taking any action. If there are unfilled positions on the board, a majority of those persons appointed and serving on the board constitutes a quorum.
~~upon~~ON the concurrence of a majority of the members of the panel take final action on hearings and appeals of administrative disciplinary proceedings concerning licenses issued pursuant to this chapter.
the person's appointment. No NOT more than four members may be of the same political party. Persons eligible for appointment shall have a continuous recorded registration pursuant to title 16, chapter 1 with the same political party or as an independent for at least two years immediately preceding appointment. No NOT more than ~~two~~THREE members may be appointed from the same county.

4-112. Powers and duties of board and director of department of liquor licenses and control; investigations; county and municipal regulation

(a) For carrying out the provisions of this title.

(b) For the proper conduct of the business to be carried on under each specific type of spirituous liquor license.

(c) To enable and assist state officials and political subdivisions to collect taxes levied or imposed in connection with spirituous liquors.

(d) For the issuance and revocation of certificates of registration of retail agents, including provisions governing the shipping, storage and delivery of spirituous liquors by registered retail agents, the keeping of records and the filing of reports by registered retail agents.

(e) To establish requirements for licensees under section 4‑209, subsection B, paragraph 12.

Subject to Title 41, Chapter 4, Article 4, employing necessary personnel and fixing their compensation pursuant to section 38-611.
Investigations conducted by this unit may include covert undercover investigations.
The department’s licensed investigators may participate and receive compensation as lecturers at approved training courses within this state’s jurisdiction that are conducted by other entities but shall not participate in in-house training programs for licensees.
State general fund monies shall not be expended for the purposes of this paragraph. If the director does not receive sufficient monies from private sources to carry out the purposes of this paragraph, the director shall not provide the educational programs prescribed in this paragraph. Grant monies received pursuant to this paragraph are nonlapsing and do not revert to the state general fund at the close of the fiscal year.
The department may charge a fee for providing these services.

4-113. Enforcement officer; credentials; peace officer status

Each enforcement officer within the department who is designated by the director shall, for identification purposes, have credentials signed by the director and countersigned by the governor and, when bearing these credentials, has the powers and duties of a peace officer.

4-114. Interest in business prohibited; forfeiture of office

4-115. Disposition of fees and penalties

4-116. Receipts from club licenses and applications

Notwithstanding any provision of law to the contrary all receipts derived from club licenses and applications therefore are appropriated to the department of economic security for buildings, equipment or other capital investments. All revenue so received by the department shall be deposited, pursuant to sections 35‑146 and 35‑147, in economic security capital investments fund.

4-118. Inspection of premises

The director, the director's agents and any peace officer may, in enforcing the provisions of this title, visit during the hours in which the premises are occupied and inspect the premises of a licensee.

4-119. Records

A licensee shall keep records of licensed business activity in a manner and location and for such duration as prescribed by the director. The rules of the director shall require that each on-sale retailer maintain at the licensed premises a copy of all required records including a current log of all persons employed at the licensed premises including each employee's full legal name, date of birth, address and responsibilities. A licensee shall retain records for two years.

4-120. Liquor licenses fund; exemption
The department of liquor licenses and control shall administer the fund. The amount deposited in the fund each year shall not exceed the amount appropriated by the legislature.

Chapter 2 REGULATIONS AND PROHIBITIONS

Article 1 Licenses

4-201. Licensing; application procedure in city, town or county; burden of proof
If the written arguments are filed by a person on behalf of a corporation or other legal entity or association, the written arguments must be accompanied by a copy of the entity’s organizing document, a designation of the office or position that the person holds within the organization and a copy of the written appointment of the person to speak on behalf of the organization. If the written arguments are filed by a neighborhood association, block watch or other unincorporated association, written arguments must be accompanied by a letter of authority designating that person as a spokesperson. The posting shall contain substantially the following:

Notice

A hearing on a liquor license application shall be held before the local governing body at the following date, time and place:

(Insert date, time and address)

The local governing body will recommend to the state liquor board whether the board should grant or deny the license. The state liquor board may hold a hearing to consider the recommendation of the local governing body. Any person residing or owning or leasing property within a one‑mile radius may contact the state liquor board in writing to register as a protestor. To request information regarding procedures before the board and notice of any board hearings regarding this application, contact the state liquor board at:

(Insert address and telephone number).

No arguments shall be filed or accepted by the city or town clerk thereafter. This subsection shall not be construed to prevent a bona fide resident residing or owning or leasing property within a one‑mile radius from the premises proposed to be licensed from testifying in favor of or in opposition to the issuance of the license, regardless of whether or not the person is a user or nonuser of spirituous liquor.

On receipt of an application for a spirituous liquor license, the director shall set the application for hearing by the board on a date following the expiration of the time fixed for the submitting of the certified order by the governing body of the city or town or the board of supervisors. If the city or town or the county recommends approval of the license no hearing is required unless the director, the board or any aggrieved party requests a hearing on the grounds that the public convenience and the best interest of the community will not be substantially served if a license is issued. Any natural person residing or owning or leasing property within a one mile radius of the proposed location may file a written protest with the director no NOT later than fifteen calendar days ~~following~~ AFTERaction by the local governing body or sixty days after filing the application, WHICHEVER IS SOONER. The written argument shall contain the natural person’s complete name, street address or post office box address and written or electronic signature. If the written arguments are filed by a person on behalf of a corporation or other legal entity or association, the written arguments must be accompanied by a copy of the entity’s organizing document, a designation of the office or position that the person holds within the organization and a copy of the written appointment of the person to speak on behalf of the organization. If the written arguments are filed by a neighborhood association, block watch or other unincorporated association, written arguments must be accompanied by a letter of authority designating that person as a spokesperson.If no hearing is requested by the director, the board or any aggrieved party, the application may be approved by the director. If the recommendation is for disapproval of an application, the board shall hold a hearing. If the city, town or county recommends approval of the license pursuant to subsection C of this section or makes no recommendation, the director may cancel the hearing and issue the license unless the board or any aggrieved party requests a hearing. If the reason for the protest is clearly removed ordeemed satisfied by the director, the board shallcancel the hearing. If the board cancels the hearing, the department may administratively issue an order without the applicant licensee or other parties present. The certified order, the reasons contained in the order and the summary of the testimony and other evidence supporting the city, town or county disapproval of the recommendation shall be read into the record before the board and shall be considered as evidence by the board. The board shall consider the certified order together with other facts and a report of the director relating to the qualifications of the applicant. If the governing body of the city or town or the board of supervisors fails to return to the director, as provided in subsections C and D of this section, its order of disapproval, no hearing is required. An application shall be approved or disapproved within one hundred five days after filing of the application. If, after a hearing by the board where a license has been approved, a formal written order is not entered within thirty days after the hearing, the decision of the board shall be deemed entered on the thirtieth day after the hearing.
The administrative law judge shall submit a report of findings to the board within twenty days of AFTERthe hearing. The board may affirm, reverse, adopt, modify, supplement, amend or reject the administrative law judge's report in whole or in part.
An inappropriate business is one that cannot clearly demonstrate that the sale of spirituous liquor is directly connected to its primary purpose and that the sale of spirituous liquor is not merely incidental to its primary purpose.
These guidelines shall govern the recommendations and other approvals of the department and the local governing authority.

4-201.01. Extending time limits

4-202. Qualifications of licensees; application; background information; prior convictions
If a partnership, each partner shall be a citizen of the United States and a bona fide resident of this state or a legal resident alien who is a bona fide resident of this state, except that for a limited partnership an individual general partner is required to meet the qualifications of an individual licensee, a corporate general partner is required to meet the qualifications of a corporate licensee and a limited partner is not required to be a citizen of the United States, a legal resident alien ora bona fide resident of this state. If a corporation or limited liability company, it shall be a domestic corporation or a foreign corporation or a limited liability company that has qualified to do business in this state. A person shall hold a club license, corporation license, limited liability company license, partnership license or out‑of‑state license through an agent who shall be a natural person and meet the qualifications for licensure, except that an agent for an out‑of‑state license as specified in section 4‑209, subsection B, paragraph 2 need not be a resident of this state. Notice of change of agent shall be filed with the director within thirty days after a change. For the purposes of this subsection, "agent" means a person who is designated by an applicant or licensee to receive communications from the department and to file documents and sign documents for filing with the department on behalf of the applicant or licensee.
The director shall require any applicant and may require any controlling person, other than a bank or licensed lending institution, to furnish background information and to submit a full set of fingerprints to the department. The department of liquor licenses and control shall submit the fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. If a license is issued or transferred when fees are waived pursuant to section 4‑209, subsection I, no additional background check is required if the person has already completed a background investigation in connection with the continuing business.
The designated person may be the applicant or licensee. The manager shall be a natural person and shall meet all the requirements for licensure. The same person may be designated as the manager for more than one premises owned by the same licensee. Notice of a change in the manager shall be filed with the director within thirty days after a change.
No license shall be issued to or renewed for any person who, within five years before application, has been convicted of a felony, or convicted of an offense in another state that would be a felony in this state. For a conviction of a corporation to be a basis for a denial under this section, the limitations that are provided in section 4‑210, subsection A, paragraph 8 shall apply. No corporation shall have its annual license issued or renewed unless it has on file with the department a list of its officers and directors and any stockholders who own ten percent or more of the corporation.

4-203. Licenses; issuance; transfer; reversion to state
If an application is filed for the issuance of a transferable or nontransferable license, other than for a craft distiller license, microbrewery license or a farm winery license, for a location that on the date the application is filed has a valid license of the same series, or in the case of a restaurant license application filed for a location with a valid hotel-motel license, issued at that location, there shall be a rebuttable presumption that the public convenience and best interest of the community at that location was established at the time the location was previously licensed. The presumption may be rebutted by competent contrary evidence. The presumption shall not apply once the licensed location has not been in use for more than one hundred eighty days and the presumption shall not extend to the personal qualifications of the applicant.
A spirituous liquor license may be transferred to a person qualified to be a licensee, provided such transfer is pursuant to either judicial decree, nonjudicial foreclosure of a legal or equitable lien, including security interests held by financial institutions pursuant to section 4-205.05, a sale of the license, a bona fide sale of the entire business and stock in trade, or such other bona fide transactions as may be provided for by rule. Any change in ownership of the business of a licensee, directly or indirectly, as defined by rule is deemed a transfer.
The application shall then be presented to the state liquor board, and the new license or transfer shall not become effective unless approved by the state liquor board.
No spirituous liquor license shall be leased or subleased. A concession agreement entered into under section 4‑205.03 is not considered a lease or sublease in violation of this section.
THERE IS NO ACQUISITION OF CONTROL IF A NEW PERSON IS ADDED TO THE OWNERSHIP OF A LICENSEE'S BUSINESS BUT THE CONTROLLING PERSONS REMAIN IDENTICAL TO THE CONTROLLING PERSONS THAT HAVE BEEN PREVIOUSLY DISCLOSED TO THE DIRECTOR AS PART OF THE LICENSEE'S EXISTING OWNERSHIP. All officers, directors or other controlling persons shall meet the qualifications for licensure as prescribed by this title. On request, the director shall conduct a preinvestigation before the assignment, sale or transfer of control of a license or licensee, the reasonable costs of which, not to exceed one thousand dollars, shall be borne by the applicant. The preinvestigation shall determine whether the qualifications for licensure as prescribed by this title are met. On receipt of notice of an acquisition of control or request of a preinvestigation, the director, shall forward the notice within fifteen days to the local governing body of the city or town, if the licensed premises is in an incorporated area, or the county, if the licensed premises is in an unincorporated area. The local governing body of the city, town or county may protest the acquisition of control within sixty daysbased on the capability, reliability and qualification of the person acquiring control. If the director does not receive any protests, the director may protest the acquisition of control or approve the acquisition of control based on the capability, reliability and qualification of the person acquiring control. Any protest shall be set for a hearing before the board. Any transfer shall be approved or disapproved within one hundred five days after the filing of the notice of acquisition of control. WITHIN FIFTEEN DAYS AFTER RECEIPT, SHALL FORWARD THE NOTICE OF THE ACQUISITION OF CONTROL TO THE LOCAL GOVERNING BODY OF THE CITY OR TOWN, IF THE LICENSED PREMISES IS IN AN INCORPORATED AREA, OR THE COUNTY, IF THE LICENSED PREMISES IS IN AN UNINCORPORATED AREA. THE DIRECTOR SHALL INCLUDE IN THE NOTICE TO THE LOCAL GOVERNING BODY WRITTEN INSTRUCTIONS ON HOW THE LOCAL GOVERNING BODY MAY EXAMINE, FREE OF CHARGE, THE RESULTS OF THE DEPARTMENT'S INVESTIGATION REGARDING THE CAPABILITIES, QUALIFICATIONS AND RELIABILITY OF ALL OFFICERS, DIRECTORS OR OTHER CONTROLLING PERSONS LISTED IN THE APPLICATION FOR ACQUISITION OF CONTROL. THE LOCAL GOVERNING BODY MAY PROVIDE THE DIRECTOR WITH A RECOMMENDATION, EITHER IN FAVOR OF OR AGAINST THE ACQUISITION OF CONTROL, WITHIN SIXTY DAYS AFTER THE DIRECTOR MAILS THE NOTICE, BUT SECTION 4‑201 DOES NOT APPLY TO THE ACQUISITION OF CONTROL PROVIDED FOR IN THIS SECTION. A LOCAL GOVERNING BODY MAY CHARGE NOT MORE THAN ONE FEE, REGARDLESS OF THE NUMBER OF LICENSES HELD BY THE APPLICANT, FOR REVIEW OF ONE OR MORE APPLICATIONS FOR ACQUISITION OF CONTROL SUBMITTED TO THE DEPARTMENT AT THE SAME TIME AND FOR THE SAME ENTITY. WITHIN ONE HUNDRED FIVE DAYS AFTER FILING NOTICE OF THE ACQUISITION OF CONTROL, THE DIRECTOR SHALL DETERMINE WHETHER THE APPLICANT IS QUALIFIED, CAPABLE AND RELIABLE FOR LICENSURE. A RECOMMENDATION BY THE LOCAL GOVERNING BODY AGAINST THE ACQUISITION OF CONTROL OR DENIAL BY THE DIRECTOR SHALL BE SET FOR A HEARING BEFORE THE BOARD. The person who has acquired control of a license or licensee has the burden of an original application at the hearing, and the board shall make its determination pursuant to section 4‑202 and this section with respect to capability, reliability and qualification.
The surcharge shall be paid at the time the license is returned to active status. A license automatically reverts to the state after being held in continuous nonuse in excess of thirty‑six months. The director may waive the surcharge and may extend the time period provided in this subsection for good cause IF THE LICENSEE FILES A WRITTEN REQUEST FOR AN EXTENSION OF TIME TO PLACE THE LICENSE IN ACTIVE STATUS BEFORE THE DATE OF THE AUTOMATIC REVERSION. A license shall not be deemed to have gone into active status if the license is transferred to a location that at the time of or immediately before the transfer had an active license of the same type, unless the licenses are under common ownership or control.
NEITHER an acquisition of control ~~pursuant to subsection F of this section and is~~ NOR a transfer of a spirituous liquor license ~~and not~~ NOR the issuance of a new spirituous liquor license if both of the following apply:
The director may prescribe a form and shall require the applicant to provide the necessary information to ensure compliance with this subsection and subsections F and G of this section.
The licensee may maintain a delivery service and shall be liable for any violation committed in connection with any sale or delivery of spirituous liquor, provided that such delivery is made by an employee who is at least twenty‑one years of age. The retail licensee shall collect payment for the price of the spirituous liquor no later than at the time of delivery. The director shall adopt rules that set operational limits for the delivery of spirituous liquors by the holder of a retail license

having off‑sale privileges. For the purposes of this subsection, an independent contractor or the employee of an independent contractor is deemed to be an employee of the licensee when making a sale or delivery of spirituous liquor for the licensee.

~~two~~ THREE years, the location must requalify for a license pursuant to subsection A of this section and shall meet the same qualifications required for issuance of a new license except when the director deems that the nonuse of the location was due to circumstances beyond the licensee's controlAND AN EXTENSION OF TIME HAS BEEN GRANTED PURSUANT TO SUBSECTION G OF THIS SECTION.

4-203.01. Interim permit; fee; rules

4-203.02. Special event license; rules
issue on a temporary basis:
The fee for the license is twenty‑five dollars per day. The director shall transfer the monies collected to the department of health services for the purpose prescribed in title 36, chapter 18, article 2.
Before the director may issue a temporary special event license, a special event that is to occur at an otherwise unlicensed location or by a licensee at a location that is not fully within the licensee's existing licensed premises must be approved by the board of supervisors of a county if the event is to be held in an unincorporated area or by the governing body of the city or town if the event is to be held in a city or town.
The approval process prescribed in this section does not apply to physical locations that are fully within premises licensed pursuant to this title.
A physical location, other than a physical location that is owned, operated, leased, managed or controlled by the United States, this state or a city, town or county of this state, that is not licensed pursuant to this title may not be issued more than ~~twelve~~ A TOTAL OF THIRTY DAYS OF special event licenses during the same calendar year. All applications for a special event license issued pursuant to this ~~subsection~~ SECTIONmust be submitted to the department at least ten days before the scheduled event. THE DIRECTOR MAY WAIVE THE TEN-DAY REQUIREMENT FOR GOOD CAUSE SHOWN.
The director may only issue the special event license to a political party or campaign committee supporting a candidate for public office or a ballot measure, ~~an organization formed for a specific charitable or civic purpose, a fraternal organization in existence for over five years with a regular membership or a religious organization.~~ OR A NONPROFIT ENTITY THAT IS ORGANIZED AS A NON-PROFIT CORPORATION, LIMITED LIABILITY COMPANY, TRUST OR OTHER ENTITY IN THIS STATE OR PURSUANT TO THE LAWS OF ANOTHER STATE THAT IS ELIGIBLE FOR DESIGNATION AS A NONPROFIT ENTITY UNDER SECTION 501 (c) OF THE INTERNAL REVENUE CODE OF THE UNITED STATES. THE NONPROFIT ENTITY SHALL DEMONSTRATE THAT IT IS IN GOOD STANDING IN THIS STATE. AN APPLICANT FOR A SPECIAL EVENT LICENSE MAY AGREE WITH A SPECIAL EVENT CONTRACTOR TO ASSIST THE APPLICANT IN SELLING AND SERVING SPIRITUOUS LIQUOR AT THE SPECIAL EVENT. THE SPECIAL EVENT CONTRACTOR SHALL BE LISTED ON THE APPLICATION FORM. THE DIRECTOR SHALL REQUIRE A SPECIAL EVENT CONTRACTOR TO PROVIDE CONTROLLING PERSONS' IDENTIFICATION AND BACKGROUND INFORMATION DEEMED NECESSARY TO IDENTIFY THE SPECIAL EVENT CONTRACTOR AND TO DEMONSTRATE PROOF OF THE CONTRACTOR'S AUTHORITY TO CONDUCT BUSINESS IN THIS STATE, INCLUDING PROVIDING COPIES OF ANY REQUIRED STATE OR LOCAL BUSINESS LICENSES OR PERMITS. THE DEPARTMENT SHALL MAINTAIN A LIST OF SPECIAL EVENT CONTRACTORS THAT HAVE BEEN EMPLOYED BY SPECIAL EVENT LICENSEES DURING THE PAST YEAR AND THAT ARE NOT OTHERWISE IN PENALTY STATUS PURSUANT TO SUBSECTION H. A LICENSEE HOLDING A CURRENTLY ACTIVE SERIES 6, 7, 11 OR 12 LICENSE MAY SERVE AS THE SPECIAL EVENT CONTRACTOR FOR A SPECIAL EVENT LICENSE WITHOUT ANY ADDITIONAL REQUIREMENTS. A NEW APPLICANT FOR AN INITIAL SPECIAL EVENT LICENSE MAY BE REQUIRED BY THE DEPARTMENT TO DEMONSTRATE IT IS QUALIFIED, CAPABLE AND RELIABLE TO CONDUCT A SPECIAL EVENT. THE DEPARTMENT MAY REQUIRE NEW SPECIAL EVENT CONTRACTORS AND NEW SPECIAL EVENT LICENSEES TO REQUIRE PERSONS WHO SERVE OR SELL SPIRITUOUS LIQUOR TO PATRONS AT THE SPECIAL EVENT TO COMPLETE AN APPROVED TRAINING COURSE IN ACCORDANCE WITH SECTION 4-112, SUBSECTION G, PARAGRAPH 2. A SPECIAL EVENT CONTRACTOR SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 4-112, SUBSECTION G, PARAGRAPH 1.
~~An organization selling spirituous liquor under a special event license shall purchase the spirituous liquor~~ FOR THE PURPOSES OF THIS SECTION, A SPECIAL EVENT LICENSEE OR AN EMPLOYEE OF A SPECIAL EVENT LICENSEE AND A SPECIAL EVENT CONTRACTOR OR AN EMPLOYEE OF A SPECIAL EVENT CONTRACTOR THAT HAS BEEN RETAINED FOR AN APPROVED SPECIAL EVENT, MAY ORDER OR PURCHASE SPIRITUOUS LIQUOR from the holder of a license authorized to sell off‑sale or a licensed wholesaler. In the case of a nonprofit ~~organization~~ ENTITY that has obtained a special event license for the purpose of charitable fund raising activities, the nonprofit ~~organization~~ ENTITY OR SPECIAL EVENT CONTRACTOR may receive the spirituous liquor from a wholesaler, farm winery, microbrewery or producer as a donation, except that a licensee licensed pursuant to subsection A, paragraph 2 of this section may receive spirituous liquor from a donor when the donor receives no remuneration or payment of any kind, directly or indirectly, other than any tax benefits that might result. SPIRITUOUS LIQUOR MAY ONLY BE DISPENSED AND SERVED AT THE SPECIAL EVENT BY THE FOLLOWING PERSONS:
IN ADDITION TO ALL OTHER ACTIONS THAT MAY BE TAKEN BY THE DIRECTOR FOR VIOLATION OF THIS TITLE OR THE REGULATIONS ISSUED PURSUANT TO THIS TITLE BY THE SPECIAL EVENT LICENSEE OR SPECIAL EVENT CONTRACTOR, THE DEPARTMENT MAY LIMIT THE RIGHT OF THE LICENSEE TO OBTAIN A SPECIAL EVENT LICENSE FOR A PERIOD OF UP TO ONE YEAR OR MAY LIMIT THE RIGHT OF THE SPECIAL EVENT CONTRACTOR TO SUPPORT ANY LICENSED SPECIAL EVENT FOR A PERIOD UP TO ONE YEAR. ANY PENALTY ISSUED PURSUANT TO THIS SUBSECTION MAY BE APPEALED TO THE DEPARTMENT PURSUANT TO SECTION 4-210.02 AS IF THE ORDER WAS A SANCTION AGAINST A LICENSEE. An organization that is issued a license pursuant to subsection A, paragraph 2 of this section shall receive at least seventy‑five ~~per cent~~ PERCENT of the gross receipts of the auction. Up to twenty‑five ~~per cent~~ PERCENT of the gross receipts of a special event auction conducted pursuant to subsection A, paragraph 2 of this section may be used to pay reasonable and necessary expenses incurred in connection with the auction. All expenses shall be supported by written contracts, invoices or receipts, which shall be made available to the director on request.
~~per cent~~ PERCENT of the gross revenues of all spirituous liquor sold at the special events, which shall be supported by a contract between the parties to be supplied at the time of application.
AT AN EVENT CONDUCTED PURSUANT TO SUBSECTION A, PARAGRAPH 1 OR 2 OF THIS SECTION, THE LICENSEE MAY CONDUCT A WINE PULL OR DISTILLED SPIRITS PULL OF UP TO FIFTY BOTTLES OF WINE OR DISTILLED SPIRITS. FOR THE PURPOSES OF THIS SUBSECTION A "WINE PULL" OR "DISTILLED SPIRITS PULL" MEANS AN ACTIVITY WHERE, FOR A SET PRICE, ONE OR MORE ATTENDEES AT A SPECIAL EVENT PAY FOR THE OPPORTUNITY TO SELECT AT THE EVENT ONE OR MORE BOTTLES OF WINE OR DISTILLED SPIRITS WHERE THE VARIETY AND VINTAGE ARE UNDISCLOSED. An organization that is issued a license pursuant to subsection A, paragraph 2 of this section shall not sell more than twenty cases of spirituous liquor annually under a special event license.
PRODUCER ORwholesaler may donate spirituous liquor directly to an organization that is issued a license pursuant to subsection A of this section. The licensed PRODUCER ORwholesaler shall in such instances issue a net zero cost billing invoice in the name of the special event licensee. All licensees making or receiving spirituous liquor donations remain subject to the applicable limitations and requirements set forth in this title and in the rules adopted by the department.
THE HOLDER OF A LICENSE AUTHORIZED TO SELL OFF-SALE OR a licensed wholesaler may leave PURCHASED spirituous liquor products at a special event if the products are properly described on a preliminary billing invoice ~~from the wholesaler~~ that is issued in the name of the special event licensee. The HOLDER OF A LICENSE AUTHORIZED TO SELL OFF-SALE OR THElicensed wholesaler has up to five business days after the special event ends to make any necessary billing adjustments and issue a final billing invoice to the special event licensee. WITHIN ONE BUSINESS DAY AFTER THE CONCLUSION OF THE SPECIAL EVENT, THE SPECIAL EVENT LICENSEE OR A SPECIAL EVENT CONTRACTOR SHALL RETURN UNBROKEN PACKAGES OF SPIRITUOUS LIQUOR TO THE APPROPRIATE OFF-SALE LICENSEE OR WHOLESALER SUBJECT TO THE APPLICABLE RULES OF THE UNITED STATES ALCOHOL AND TOBACCO TAX AND TRADE BUREAU AND THE POLICY OF THE APPLICABLE OFF-SALE LICENSEE OR WHOLESALER.

4-203.03. Wine festival license; wine fair license; fee
the products for consumption on the wine festival premises and the sale of the products in original containers for consumption off the wine festival premises. The fee for a farm winery wine festival license is fifteen dollars per day for each event.

4-203.04. Direct shipment license; issuance; fee; requirements; renewal; civil penalties; limitations; duties; violation; classification; applicability
The licensee may sell and ship:

(a) Until December 31, 2017, up to six nine‑liter cases of wine.

(b) Beginning January 1, 2018 and until December 31, 2018, up to nine nine‑liter cases of wine.

(a) The name of the licensee making the shipment.

(b) The address of the licensee making the shipment.

(d) The date of shipment.

(e) The address at which delivery is to be made.

(f) The amount shipped.

4-203.05. Licenses held in nonuse status

A licensee who holds a license in nonuse status shall not be responsible for and shall not accrue any municipal license fee or tax or municipal renewal fee or tax attributed to the time that the license is properly held in nonuse status.

4-204. Personal representative or fiduciary acting for licensee

4-205. Issuance of club license; regulatory provisions; revocation
Attendance at private clubs is limited to enrolled members of the club and their spouses, families and bona fide guests. Admitted nonmember guests shall not exceed more than fifty ~~per cent~~ PERCENT of attendance during any month. This provision shall not limit the ability of a member or the club to host wedding receptions, group meetings, civic meetings, scheduled social functions, including bingo games and other member or club hosted functions where individuals are not admitted on the basis of being a guest of a member of the club and attendance at the event shall not be considered in computing the fifty ~~per cent~~ PERCENT requirement. EVENTS THAT ARE HOSTED BY THE CLUB OR OTHER MEMBERS WHERE INDIVIDUALS ARE NOT ADMITTED ON THE BASIS OF BEING A GUEST OF A MEMBER OF THE CLUB SHALL BE LIMITED TO NOT MORE THAN TWELVE EVENTS IN A CALENDAR YEAR FOR EACH CLUB.
~~which~~ THAT on January 1, 1975 holds a spirituous liquor license other than one issued pursuant to this section may use such license until such time as the license is revoked or reverted.

4-205.01. Hotel-motel license; issuance; revocation

4-205.02. Restaurant license; issuance; regulatory provisions; expiration; definitions
The holder of such license is subject to the penalties prescribed for any violation of the law relating to alcoholic beverages.
For the purpose of this subsection, "licensed premises" may include rooms, areas or locations in which the restaurant normally sells or serves spirituous liquors pursuant to regular operating procedures and practices and that are contiguous to the restaurant or a noncontiguous patio pursuant to section 4-101, paragraph 2728. For the purposes of this subsection, a restaurant licensee must submit proof of tenancy or permission from the landowner or lessor for all property to be included in the licensed premises.
The surrender of a license pursuant to this subsection does not prevent the director from revoking the license for other grounds prescribed in this title or for making deliberate material misrepresentations to the department regarding the licensee's equipment, service or entertainment items or seating capacity in applying for the restaurant license.
The plan shall be completed on forms provided by the department and shall include listings of all restaurant equipment and service items, the restaurant seating capacity and other information requested by the department to substantiate that the restaurant will operate in compliance with this section.
c) on a form prescribed and furnished by the director. The department shall not issue a permit to a restaurant applicant or licensee that does not meet the requirements in section 4-207, subsection A. ~~The provisions of~~ Section 4-207, subsection B do DOES not apply to this subsection. The permit shall be issued only after the director has determined that the public convenience requires and that the best interest of the community will be substantially served by the issuance of the permit, considering the same criteria adopted by the director for issuing a restaurant license described in section 4-209, subsection b, paragraph 12. The amount of beer sold under the permit shall not exceed ten percent of gross revenue of spirituous liquor sold by the establishment. After the permit has been issued, the permit shall be noted on the license itself and in the records of the department. The director may charge a fee for processing the application for the permit and a renewal fee.

4-205.03. Government license; issuance; regulatory provisions; agreements with coliseum concessionaires; definitions
The department may issue a government license to any state agency, state board, state commission, county, city, town, community college or state university, the national guard or the Arizona exposition and state fair board on application authorized by the governing body of the state agency, state board, state commission, county, city, town, community college or state university, the national guard or the Arizona exposition and state fair board.
If the department issues the license, it shall be issued in the name of the state agency, state board, state commission, county, city, town, community college or state university, the national guard or the Arizona coliseum and exposition center. No application shall be filed unless authorized by the respective governing body. The application shall designate for each location a manager or other individual responsible for administering the license. The state agency, state board, state commission, county, city, town, community college or state university, the national guard or the Arizona exposition and state fair board shall give notice to the department within ten days after any change in the designee. The state agency, state board, state commission, county, city, town, community college or state university, the national guard or the Arizona coliseum and exposition center to which a license is issued is subject to the fine or penalty prescribed for any violation of the statutes relating to alcoholic beverages.
purposes of this section:

4-205.04. Farm winery license; issuance; regulatory provisions; retail site; fee
In addition to any provision of this title, if the total amount of wine produced or manufactured during the year exceeds the amount permitted annually by the license, the licensee shall apply for and receive a producer's license only on surrender of the farm winery license or licenses.
may make sales and deliveries of wine only as specifically provided in this section and as follows:
the licensed farm winery shall purchase all other spirituous liquor for sale at the on-sale retail premises from wholesalers that are licensed in this state, except that a licensed farm winery may:

(a) Purchase wine from other farm wineries pursuant to paragraph 7 of this subsection.

(b) Make deliveries of the wine that the farm winery produces to the farm winery's own commonly controlled retail licensed premises.

(a) The purchaser of the wine provided the licensed farm winery with verification of the purchaser's legal age to purchase alcohol.

(b) The shipping container in which the wine is shipped is marked to require the signature on delivery of an adult who is of legal age to purchase alcohol and delivery confirmation.

(d) The wine is delivered by the licensed farm winery or shipped by the licensed farm winery by a common carrier to a residential or business address other than a premises licensed pursuant to this title.

(e) The purchaser could have carried the wine lawfully into or within this state.

(f) The delivery is made by a person who is at least twenty-one years of age.

(g) The farm winery shall collect payment for the price of the spirituous liquor no later than at the time of delivery.

On application by one or more persons, the director may approve applications for grouping two or more farm winery licenses at one location under a plan of alternating proprietorships if a licensed winery has received approval of the alternating proprietorship by the United States alcohol and tobacco tax and trade bureau and the participating wineries operate under the regulations and guidelines that are issued by the United States alcohol and tobacco tax and trade bureau. Each participating winery shall be responsible for filing all reports that relate to its wine production or manufacturing with the United States alcohol and tobacco tax and trade bureau and the department.
A person otherwise qualified to receive a farm winery license may enter into a custom crush arrangement where a licensed winery produces or manufactures wine from grapes or other fruit supplied by the person. The winery receiving the fruit shall be licensed by the United States alcohol and tobacco tax and trade bureau and the department and shall be responsible for filing all reports that relate to its wine production or manufacturing with the United States alcohol and tobacco tax and trade bureau and the department. Each person supplying the grapes or other fruit shall first apply for and receive a farm winery license and shall report to the department all volumes of wine from its custom crush arrangements, which shall not be allocated to the gallonage of the receiving farm winery if the supplying farm winery has an active basic permit issued by the United States alcohol and tobacco tax and trade bureau.
On application by a farm winery licensee, the director may authorize a farm winery licensee to operate up to two remote tasting and retail premises if:
The wine sold at the premises is limited to wine produced or manufactured by the licensed farm winery and wines produced or manufactured by other licensed farm wineries, including wines produced or manufactured pursuant to subsections D and E of this section. The farm winery may sell wine to a consumer physically present on the premises for consumption on or off the premises. Sales of wines not produced or manufactured by the farm winery shall be limited to no more than twenty percent of the total sales by volume at that location. The percentage limitation shall not apply to wine produced pursuant to subsections D and E of this section.
The farm winery licensee:

(a) Remains responsible for the premises.

(b) Obtains approval for the premises from the local governing body before submitting an application to the department. A copy of an order from the local governing body recommending approval of the premises must be filed with the department as part of the application.

(d) Has an agent who is a natural person who meets the qualifications of licensure in this state.

(e) Meets the qualifications for a license pursuant to section 4-203, subsection A.

A farm winery licensee may hold a craft distiller license issued pursuant to section 4-205.10. The farm winery and craft distiller licensee may only produce distilled spirits up to a gallonage of one thousand gallons in a calendar year from fruit processed at the winery for the primary purpose of making wine. The farm winery and craft distiller licensee is subject to all other requirements of this section and section 4-205.10. The farm winery may provide sampling and sales of the distilled spirits pursuant to section 4-205.10, subsection C, paragraphs 2 and 3 on the same premises as the wine sampling and retail sales.
The farm winery is liable for any violation committed in connection with any sale or delivery of the wine. The rules adopted by the director pursuant to section 4-203, subsection J shall apply to the delivery of wine under subsection C, paragraph 9 of this section. An act or omission of any person who makes a sale or delivery of wine for a licensee under subsection C, paragraph 9 of this section is deemed to be an act or omission of the licensee for the purposes of section 4-210, subsection A, paragraph 9.

4-205.05. Disposal of seized or recovered liquor
The licensed wholesaler that distributes the spirituous liquor brand in that sales territory may, but is not required to, accept a return of the liquor at no cost for disposal or to enable it to be returned to the supplier.

4-205.06. Hotel or motel minibars; rules; definitions
~~nineteen~~ EIGHTEEN years of age.
The portion of the cabinet or similar device in which spirituous liquors are stored shall comply with the requirements of this section.

4-205.07. Conveyance license for excursion boats

4-205.08. Microbrewery license; issuance; regulatory provisions; retail site
, manufacturing and bottling these products must obtain a separate microbrewery license. The licensee may not transfer the microbrewery license from person to person or from location to location.
microbrewery license, at the time of filing the application for the license, shall accompany the application with the license fee. Persons holding amicrobrewery license shall report annually at the end of each calendar year, at such time and in such manner as the director may prescribe, the amount of beerproduced or manufactured by them during the calendar year and the amount delivered pursuant to subsection D, paragraph 4, subdivision (b) of this section. If the total amount of beerthat is produced or manufacturedduring the calendar year exceeds the amount permitted annually by the license, the licensee shall apply for and receive a producer's license only on surrender of the microbrewery license or licenses and shall have no continuing rights as a microbrewery under this section. On the surrender of the microbrewery license or licenses, the licensee shall transfer, surrender or otherwise relinquish control of all of its retail licenses located remotely from a microbrewery.
law, a licensed microbrewery may:
Make sales and deliveries of beerthat the microbrewery produces or manufactures to persons licensed to sell beer under this title through wholesalers licensed under this title or as provided in subsection D, paragraph 5, subdivision (a) or (b) of this section.
that the microbrewery produces or manufacturesto persons licensed to sell beer in another state if lawful under the laws of that state.
Sell beer produced or manufactured by other microbreweries for consumption only on the premises of the licensee, except that the sales percentage of beer from other microbreweries may not exceed twenty percent of the licensee's annual sales of beer by volume at the premises. If the other microbrewery has established a distribution relationship with one or more wholesalers who are licensed under this title, the beer shall be purchased through those wholesalers.
or manufacturenot less than five thousand gallons of beer in each calendar year following the first year of operation.
or manufacturemore than six million two hundred thousand gallons of beer in a calendar year.
the microbrewery may sell other spirituous liquor products if the microbrewery holds an on-sale retail license for a bar, beer and wine bar, or restaurant. The microbrewery may be issued up to a combined total of seven retail licenses in this state whether located on or adjacent to a microbrewery or remotely from a microbrewery. The limit on the number of retail licenses applies on an aggregated basis to all microbreweries that are under common control of any person with control of the microbrewery.
The microbrewery may make sales and deliveries of beer that it has produced or manufacturedto both:

(a) Retail licensees that meet the requirements prescribed in paragraph 3 of this subsection in any amount.

(b) Any other retail licenseein a cumulative amount not to exceed ninety‑three thousand gallons in total for all licensed retailers in any calendar year.

A microbrewery that sells or delivers beer pursuant to this section shall:
A delivery of beer by a microbrewery to a purchaser in this state is a transaction deemed to have occurred in this state.
The director shall adopt rules in order to administer this section.

4-205.09. Domestic microbrewery and domestic fa