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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
REVISED
liquor; sales; delivery; original packaging
Purpose
Exempts, from the labeling requirement for transport and delivery, a retail licensee with off-sale privileges who delivers a container of spirituous liquor kept in the manufacturer's original packaging if plainly visible during transport and delivery or placed inside an open grocery or similar style bag.
Background
The Department of Liquor Licenses and Control issues 19 license types, or series, to regulate the production, distribution and sale of alcoholic beverages. Certain liquor licenses are categorized as having off-sale and on-sale privileges. A licensee with off-sale privileges may sell spirituous liquor for consumption off of the premises, subject to the limitations of the license (A.R.S. Title 4).
A retail licensee with off-sale privileges may sell and deliver spirituous liquor off of licensed premises to a person in Arizona. The licensee may maintain a delivery service and may contract with an independent contractor or a common carrier for delivery of spirituous liquor. An employee of a licensee or other authorized person must verify the age of the person accepting the delivery through the display of an identification document and receive the person's signature. A licensee must label containers of spirituous liquor delivered to a person in Arizona with the words, "contains alcohol, signature of person who is twenty-one years of age or older is required for delivery." The licensee is responsible for any violations of the requirements for the sale and delivery of spirituous liquor (A.R.S. § 4-203).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Exempts, from the delivered spirituous liquor labeling requirement, a retail licensee with off‑sale privileges who delivers a container of spirituous liquor within Arizona if the container is in the manufacturer's original packaging and the container is either:
a) kept plainly visible during transport or delivery; or
b) placed inside of an open or unsealed grocery or similar style bag for the explicit purpose of transport and delivery.
2. Makes technical changes.
3. Becomes effective on the general effective date.
Revisions
· Specifies that the exemption from the labeling requirement on delivered spirituous liquor applies to a retail licensee with off-sale privileges.
Prepared by Senate Research
January 29, 2020
LB/JDP/gs