ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: COM DPA 7-3-0-0

HB 2530: liquor producers; equipment donations

Sponsor: Representative Biasiucci, LD 5

Caucus & COW

Overview

Allows licensed producers of distilled spirits and spiritous liquor to donate used or excess equipment to certain establishments.

History

The Department of Liquor Licenses and Control (Department), which consists of the State Liquor Board and the Office of the Director (Director) of the Department regulates the manufacture, distribution and sale of liquor in this state through the issuance of 21 license types or series. The Department has the power to issue licenses, regulate business conduct, investigate allegations and suspicions, and suspend, revoke or otherwise rescind licenses (A.R.S. § 4-112).

In order to receive a spiritous liquor license, an applicant must be a bona fide resident of the State. When applying for a license, the applicant must furnish background information and submit a full set of fingerprints to the Department and undergo a background investigation. No licenses can be issued to persons who, within one year before application, have had a license revoked. A license cannot be issued to persons who have been convicted of a felony within 5 years of the application date (A.R.S. § 4-202).

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 (A.R.S. § 4-101)

Provisions

1. Allows a licensed producer of distilled spirits and spiritous liquor to make a good faith donation of used or excess equipment to an establishment licensed for serving and consuming liquor to expand outdoor dining capacity. (Sec. 1)

2. Stipulates a licensed producer who makes a good faith donation of equipment that is believed to be serviceable is liable for any injury or death that is a direct result of the intentional misconduct or gross negligence of the producer. (Sec. 1)

3. Stipulates a license establishment that in good faith receives a donation of equipment and reasonably believes the equipment is serviceable is liable for any injury or death that is a direct result of the intentional misconduct or gross negligence of the establishment. (Sec. 1)

Amendments

Committee on Commerce

1. Includes limits to the types of equipment that may be donated.

2. Repeals this act August 1, 2023.

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6. HB 2530

7. Initials PRB Page 0 Caucus & COW

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