Second Regular Session S.B. 1381
COMMITTEE ON COMMERCE AND WORKFORCE DEVELOPMENT
SENATE AMENDMENTS TO S.B. 1381
(Reference to printed bill)
Page 1, between lines 19 and 20, insert:
"1. The address of the premises where the applicant's principal place of business is located."
Renumber to conform
Between lines 22 and 23, insert:
"3. A COMPLETE AND FULL DISCLOSURE BY THE APPLICANT AND BY ANY OFFICER, DIRECTOR, ADMINISTRATOR OR CONTROLLING PERSON OF THE APPLICANT OF ANY CRIMINAL CONVICTIONS IN ANY STATE OR FOREIGN JURISDICTION WITHIN THE FIVE YEARS IMMEDIATELY PRECEDING THE APPLICATION."
Renumber to conform
Between lines 31 and 32, insert:
"C. THE DIRECTOR MAY REFUSE TO ISSUE A DIRECT SHIPMENT LICENSE FOR GOOD CAUSE. THE DIRECTOR may NOT ISSUE A DIRECT SHIPMENT LICENSE TO ANY PERSON WHO:
1. HAS HAD A DIRECT SHIPMENT LICENSE OR ANY other LICENSE TO DEAL IN SPIRITUOUS LIQUOR REVOKED IN THIS STATE OR ANY OTHER STATE WITHIN ONE YEAR PRECEDING THE APPLICATION.
2. HAS BEEN CONVICTED OF A FELONY IN THIS STATE OR ANY OTHER STATE OR HAS BEEN CONVICTED OF AN OFFENSE IN ANOTHER STATE THAT WOULD BE A FELONY IF CONVICTED IN THIS STATE WITHIN FIVE YEARS immediately PRECEDING THE APPLICATION."
Reletter to conform
Line 32, strike "three years" insert "one year"
Line 40, after "section" insert "or for good cause"; after the period insert "Any aCT OR OMISSION OF A PERSON WHO MAKES A SALE OR DELIVERY OF WINE FOR A LICENSEE UNDER SUBSECTION F 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."
Page 1, lines 41 and 42, strike "of two hundred fifty dollars" insert "pursuant to section 4‑210.01 against a licensee"
Page 2, line 1, after "licensee" insert "annually"
Line 2, strike "eighteen" insert "twelve"; strike "annually" insert "that is produced by the licensee"
Lines 9 and 10, strike "issued by this state, another state or the federal government" insert "as prescribed in section 4‑241, subsection K demonstrating that the person is at least twenty‑one years of age"
Between lines 20 and 21, insert:
"8. THE DELIVERY MUST BE MADE ONLY DURING THE HOURS OF LAWFUL SERVICE OF SPIRITUOUS LIQUOR TO A PERSON WHO IS AT LEAST twenty‑one YEARS OF AGE.
9. THE DELIVERY MUST BE MADE only AFTER INSPECTION OF the VALID PHOTO IDENTIFICATION of the person accepting delivery that demonstrates THAT THE PERSON IS AT LEAST twenty‑one YEARS OF AGE.
10. THE person ACCEPTING DELIVERY MAY NOT BE INTOXICATED."
Renumber to conform
Lines 24 and 25, strike "as prescribed by the director"
Line 26, after "year" insert "that includes the information required in paragraph 2 of this subsection"
Between lines 26 and 27, insert:
"2. COMPLETE A RECORD OF EACH SHIPMENT AT THE TIME OF SHIPMENT. THE LICENSEE SHALL ENSURE THAT THE RECORD PROVIDES THE FOLLOWING INFORMATION:
(a) The NAME OF the LICENSEE MAKING THE SHIPMENT.
(b) The ADDRESS OF the LICENSEE MAKING THE SHIPMENT.
(c) The LICENSE NUMBER.
(d) The DATE OF SHIPMENT.
(e) The ADDRESS AT WHICH DELIVERY IS TO BE MADE.
(f) The AMOUNT SHIPPED."
Renumber to conform
Page 2, line 28, after the period insert "The director may request the licensee submit records to demonstrate compliance with this section. The licensee shall maintain records of each shipment of wine made to purchasers in this state for two years."
Between lines 35 and 36, insert:
"6. Ship not more than twelve nine-liter cases of wine to any purchaser in this state in any calendar year for personal use."
Line 37, after "state" insert "shall be deemed to have consented to the jurisdiction of the department, any other agency of this state, the courts of this state and all related laws, rules or regulations. A person who knowingly sells and ships wine directly to a purchaser in this state"
Page 3, line 2, strike "into and" insert "from, to or"
Strike line 3, insert:
"1. Not later than january 31 of each year, file a report with the director regarding the wine transported pursuant to this section in this state during the preceding calendar year. The report shall include"
Line 4, strike "shipper's company" insert "direct shipment licensee's"
Strike lines 6 and 7, insert:
"2. On the request of the director, make available to the director all records supporting the report within thirty days after that request. The common carrier shall maintain all records of wine transported PURSUANT to this section for two years. These records shall be open and available for inspection by the director at all times during business hours.
3. Be subject to A CIVIL PENALTY imposed by the director if the director determines that the common carrier KNOWINGLY VIOLATEd THE REPORTING AND RECORDKEEPING REQUIREMENTS prescribed in this subsection. The amount of the civil penalty shall be two hundred dollars FOR the FIRST VIOLATION, five hundred dollars FOR THE SECOND VIOLATION, one thousand dollars FOR THE THIRD VIOLATION and three thousand dollars FOR the FOURTH VIOLATION AND ANY SUBSEQUENT VIOLATIONS. Civil penalties collected pursuant to this paragraph shall be transmitted to the state treasurer for deposit in the state general fund."
Page 3, line 12, strike "e" insert "f"
Line 15, after "licenses" insert "; rules"
Line 16, before "All" insert "A."
Line 21, strike "4‑204.03" insert "4‑203.04"
After line 23, insert:
"B. The legislature intends for the continued application of rules adopted by the department of liquor licenses and control that relate to the delivery of alcohol and that were adopted to prevent the sale and delivery of alcohol to minors. Nothing in this act is intended to affect the continued applicability of rules adopted by the department under section 4‑203.04, Arizona Revised Statutes, as repealed by this act, regarding the record of delivery of spirituous liquor by farm wineries or retailers having off‑sale privileges."
Amend title to conform