First Regular Session H.B. 2281
COMMITTEE ON COMMERCE
SENATE AMENDMENTS TO H.B. 2281
(Reference to House engrossed bill)
Page 17, lines 8 and 9, strike "from the purchaser at the time of delivery that the order is placed" insert "from the purchaser before the product leaves the licensed premises"
Page 18, line 8, strike "business" insert "farm winery or craft distiller"
Line 9, strike "licensee's business" insert "farm winery or craft distiller"
Page 35, lines 33 and 34, strike "farm winery license, including a farm winery" insert "remote"
Line 36, after the period insert "the proposed joint premises shall be limited to common areas that are pedestrian only and that are not immediately adjacent to a road, driveway or parking area."
Line 37, after the period insert "the application shall contain plans and diagrams that completely disclose and designate the physical arrangement of the proposed joint premises."
Line 38, strike "clerk of"
Strike lines 39 and 40
Line 41, strike "unincorporated area. the city, town or county" insert "local governing body before submitting the application to the director. the local governing body"
Page 36, between lines 24 and 25, insert:
"3. the director may require that during the time the premises are being used as a joint premises under a permit that the participating licensees identify the spirituous liquor beverages sold by each licensee by using distinguishable containers.
B. the licensees shall file with the director and may modify from time to time a schedule showing the days and time periods when the joint premises will be in use."
Reletter to conform
Page 55, after line 41, insert:
"Sec. 15. Pilot program; licensees; regional shopping centers; extended premises; fee; delayed repeal
A. A pilot program is established in the department of liquor licenses and control for spirituous liquor licensees at regional shopping centers. Pursuant to the pilot program, the director may establish guidelines and may issue up to five extensions of premises pursuant to the pilot program to retail licensees at regional shopping centers. The premises extensions, if issued, shall allow one on-sale retail licensee to sell spirituous liquor and to allow patrons to consume spirituous liquor throughout a designated pedestrian area of a regional shopping center.
B. The owner or management of a regional shopping center that encompasses at least four hundred thousand square feet of retail space may designate one retail licensee that may apply for an extension of premises under this pilot program. The retail licensee may then apply for an extension of premises on a form that the director of the department of liquor licenses and control shall prescribe. At least thirty days before submitting the application to the director, the retail licensee shall file a copy of the application with the local governing body for review. The local governing body has thirty days after the retail licensee submits the application to the local governing body to review the application and provide advisory recommendations to the director. The director may not accept an application under the pilot program before the local governing body review period has elapsed or the local governing body makes its advisory recommendations, whichever is sooner. The application shall include the requirement that the retail licensee provide plans or diagrams designating the specific extension of premises requested within the regional shopping center. The plan shall delineate the physical arrangement of the extended premises showing the locations of ingress and egress to and from the extended premises and such other features of the extended premises as the director may require. The extended premises authorized by the pilot program may include only areas limited to pedestrian traffic and may not include or be bisected by any public or private roadways or be immediately adjacent to a public or private roadway. To delineate the extended premises and to control liquor service in the extended premises, the plan may use physical barriers, signage, electronic surveillance, security guards, cordons or a combination of these barriers and strategies. The application shall also include the requirement that the retail licensee designate times of liquor service on the extended premises. Licensees may file with the director a request to temporarily modify the designated times of liquor service and the director, for good cause shown, may temporarily modify the designated times of liquor service.
C. A retail licensee that obtains an extension of premises under the pilot program is responsible for compliance with title 4, Arizona Revised Statutes, on the extended premises.
D. An extension of premises under the pilot program is subject to the following conditions:
1. The department may charge a fee in an amount prescribed by the director for the review and processing of an application submitted pursuant to this section.
2. The director may set day and time limits on the use of the extended premises and establish security requirements as a condition for approval.
3. The extended premises under this section may not overlap the licensed premises of any other licensee under title 4, Arizona Revised Statutes.
4. The on‑sale retail licensee may not alter the physical arrangement of the extended premises to use additional or different space, locations of ingress or egress or accommodations without first complying with the process stated in subsection B of this section.
5. Notwithstanding any other law, the director may cancel or suspend an on‑sale retail licensee's approval to extend its premises under this section for good cause at any time. The on‑sale retail licensee may not appeal such a cancellation or suspension to the state liquor board. An appeal of the cancellation or suspension of a regional shopping center extension of premises must be made directly to the superior court of the county where the regional shopping center is located.
6. An extension of premises issued pursuant to this section is not transferable.
E. This section is repealed from and after December 31, 2022. At such time, the licensed premises of a retail licensee that was granted an extension under this section revert to the delineated licensed premises in effect before applying under this section."
Amend title to conform