Bill
Number: S.B. 1030
Smith
Floor Amendment
Reference
to: CWD amendment
Amendment
drafted by: David Fernandez
FLOOR
AMENDMENT EXPLANATION
This amendment incorporates the amendment adopted in the
Commerce and Workforce Development committee.
Under this amendment, a microbrewery may hold a combined
total of seven retail licenses under the bar, beer and wine bar, or restaurant
series. These retail locations may be sited remotely or adjacent to the
production facility. Upon surrender of microbrewery license for a producer’s
license, a microbrewery must transfer, surrender or otherwise relinquish
control of all retail licenses for remote locations.
The amendment establishes a maximum production limit of
6,200,000 gallons of beer for all microbreweries under common ownership, with
the stipulation that any microbrewery producing more than 1,240,000 gallons may
not apply for retail licenses for remote locations or distribute beer directly
to retail licensees.
Page 1, before line 1, insert:
Page 1, line 16, strike “5” insert “4”
Line 20, after “license” strike remainder of line
Strike lines 21, 22 and 23, insert “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.”
Line 39, after “BEER” insert “by volume”
Page 2, line 6, strike “one” insert “SIX”
Line 7 strike “forty”
Line 9, after the comma strike remainder of line
Strike lines 10 through 16, insert “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.”
Renumber to conform
Line 20, strike “4,” insert “3”
Line 21, strike “SUBDIVISIONS
(a) AND (b)”
Line 22, strike “IF THE MICROBREWERY DOES NOT OTHERWISE”
Line 23, strike “HOLD A PRODUCER’S LICENSE, TO”; after “ANY”
insert “OTHER”
Strike lines 26 through 37, insert:
“E. A MICROBREWERY THAT
PRODUCES OR MANUFACTURES MORE THAN ONE MILLION TWO HUNDRED FORTY THOUSAND
GALLONS OF BEER IN A CALENDAR YEAR MAINTAINS ALL OF THE RIGHTS ASSOCIATED WITH
A MICROBREWERY LICENSE, WITH THE EXCEPTION THAT IT SHALL NOT:
1. APPLY FOR OR RECEIVE
A RETAIL LICENSE PURSUANT TO SUBSECTION D, PARAGRAPH 3 OF THIS SECTION THAT IS
LOCATED REMOTELY FROM THE MICROBREWERY.
2. MAKE SALES OR
DELIVERIES OF BEER THAT IT HAS PRODUCED OR MANUFACTURED TO ANY RETAIL LICENSE
AS PROVIDED IN SUBSECTION D, PARAGRAPH 4 OF THIS SECTION, EXCEPT FOR ITS RETAIL
LICENSES ON OR ADJACENT TO THE MICROBREWERY.
F. THE GALLONAGE
AMOUNTS PRESCRIBED IN SUBSECTION d, paragraph 2 AND subsection E of this
section APPLY TO THE AGGREGATE MANUFACTURE OR PRODUCTION OF ALL MICROBREWERIES
THAT ARE UNDER COMMON CONTROL OF ANY PERSON WITH CONTROL OF THE MICROBREWERY.
G. A MICROBREWERY THAT
IS OTHERWISE ENGAGED AS A DISTILLER, VINTNER, BREWER, RECTIFIER, BLENDER OR
OTHER PRODUCER OF SPIRITUOUS LIQUOR IN ANY JURISDICTION IS PROHIBITED FROM
HOLDING ANY RETAIL LICENSE THAT IS LOCATED REMOTELY FROM A MICROBREWERY.”
Reletter to conform
Page 1, strike lines 5 and 6, insert:
Line 14, strike “E” insert “D”
Line 15, strike “and”
Line 16, strike “are not required to surrender any” insert
“each”; strike “held”; strike “is”; insert “becomes”
Strike lines 18 through 23, insert:
“B. Notwithstanding section 4-205.08, Arizona Revised Statutes,
as amended by this act, a person who holds any interest in any microbrewery
license that also holds an on-sale retail license on or before December 31,
2015, that is not on or adjacent to the microbrewery premises and who becomes a
producer as provided by section 4-205.08, Arizona Revised Statutes, as amended
by this act, on or before December 31, 2018, may continue to hold those retail
licenses, notwithstanding section 4-243, subsection A, paragraph 3, Arizona
Revised Statutes.
C. Notwithstanding section 4-205.08, Arizona Revised Statutes,
as amended by Laws 2014, chapter 253, section 13, a person who holds any
interest in any microbrewery license issued by the department of liquor
licenses and control on or before the effective date of this act and any
interest in any retail licenses issued by the department of liquor licenses and
control may continue to hold each retail license unless that license becomes
inactive at that location for more than six months.
D. Notwithstanding section 4-205.08, Arizona Revised Statutes, as
amended by Laws 2014, chapter 253, section 13, a person who holds any interest in
any microbrewery license issued by the department of liquor licenses and
control on or before the effective date of this act and any interest in any
producer license or out-of-state producer license issued by the department of
liquor licenses and control on or before the effective date of this act, and
who also holds any retail licenses issued by the department of liquor licenses
and control on or before the effective date of this act, may continue to hold
each retail license unless that license becomes inactive at that location for
more than six months.
E. Notwithstanding section 4-205.08, Arizona Revised Statutes, as
amended by Laws 2014, chapter 253, section 13, a person who holds any
microbrewery licenses issued by the department of liquor licenses and control
on or before the effective date of this act and who also holds or controls any
interest in any producer or out-of-state producer license on or before the
effective date of this act may continue to hold or control the microbrewery
licenses and producer licenses.
Sec. 3. Severability
If a provision of this act or its application to any person or
circumstances is held invalid by a final, nonappealable decision of a court of
competent jurisdiction, the invalidity does not affect other provisions or applications
of the act that can be given effect without the invalid provision or
application, and to this end the provisions of this act are severable.”
Amend title to conform