ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: COM DP 10-0-0-0

HB 2844: wineries; microbreweries; distilled spirits

Sponsor: Representative Weninger, LD 17

Caucus & COW

Overview

Modifies treatment of beer and spirituous liquor under health rules and other laws.

History

The Department of Liquor Licenses and Control issues licenses to microbreweries, farm wineries and craft distillers. A licensee may not generally allow spirituous liquor to be removed from the licensed premises, but there is an exception for bars, liquor stores, microbreweries and permitted restaurants if they sell up to one gallon of beer and do not dispense it through a drive-through or walk-up service window (A.R.S. § 4-244).

The Department of Health Services (DHS) issues rules that require reasonably necessary standards for food and drink for human consumption. These standards govern sanitary production facilities, warehouses and restaurants, as well as trucks or other vehicles involved in the transportation of food and drink. Some food and drink is statutorily exempted from these DHS rules (A.R.S. § 36-136).

Beer is any beverage that is obtained by alcoholic fermentation or infusion of barley malt, hops or other non-drinkable ingredients, or any combination of them (A.R.S. § 4-101).

Provisions

1. Includes, in the definition of beer, beverages that may be made using rice, bran, grain, glucose, sugar or molasses, and which may be aged in a barrel previously used to contain wine or distilled spirits. (Sec. 1, 4)

2. Allows a licensed bar, beer and wine bar, liquor store, beer and wine store, microbrewery or permitted restaurant to dispense beer through a drive-through or walk-up service window. (Sec. 2)

3. Exempts, from DHS rules governing production, processing, labeling, storing, handling, serving and transportation, the following:

a) Spirituous liquor produced on the premises of a holder of a permit issued by the federal Alcohol and Tobacco Tax and Trade Bureau, including state-licensed microbreweries, farm wineries or craft distillers; and

b) Commercially prepackaged food, crackers or pretzels for consumption of the premises of a of a spirituous liquor producer. (Sec. 3)

4. Prohibits the common use of any cup or glass by a producer of spirituous liquor. (Sec. 3)

5. Removes the restriction on beer franchises that beer may not contain spirituous liquor. (Sec. 4)

6. Makes technical and conforming changes. (Sec. 1, 2, 3, 4)

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10. HB 2844

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