ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: COM DP 8-0-1-1

HB 2660: liquor; licensing; processes; procedures

Sponsor: Representative Weninger, LD 17

Caucus & COW

Overview

Authorizes an owner of a regional shopping center to apply for an extension of premises. Amends liquor statutes relating to Farm Winery Licenses and liquor sales.

History

The Department of Liquor Licenses and Control (DLLC), which consists of the State Liquor Board and the Office of the Director of the Department regulates the manufacture, distribution and sale of liquor in this state through the issuance of 21 license types or series.

Pursuant to A.R.S. § 4-207.02, one or more on-sale spirituous liquor licensees with the same type of bar, beer and wine bar, restaurant or remote tasting room license may apply to DLLC for a joint premises permit. The application must contain plans and diagrams that completely disclose and designate the physical arrangement of the proposed joint premises. If approved, the joint premises area is considered an extension of premises for each of the approved applicants. The joint premises is limited to common areas that are pedestrian only and not immediately adjacent to a road, driveway or parking area.

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProvisions

Regional Shopping Centers

Extension of Premises

1.   Authorizes certain owners of a regional shopping center, on behalf of the shopping center's retail licensees, to apply to DLLC for an extension of the premises. (Sec. 6)

2.   Specifies the premises extension allows designated on-sale retail licensees to sell spiritous liquor for consumption by patrons throughout a designated pedestrian area. (Sec. 6)

3.   Outlines the application process. (Sec. 6)

4.   Requires the application to include:

a)   plans or diagrams designating the specific premises extension and prescribes limitations to the extended premises; and

b)   the designated times of spiritous liquor service. (Sec. 6)

5.   Asserts the retail licensees that are subject to the extension are responsible for compliance. (Sec. 6)

6.   Provides further extension of premises regulations, including: a) application fees; b) day and time limitations; c) prohibition on altering the physical arrangement of the extended premises. (Sec. 6)

 

 

Miscellaneous

7.   Transfers the authorization for a farm winery licensee to group two or more farm winery licenses at one location from the Farm Winery statutes to the Alternating Proprietorship statute. (Sec. 7)

8.   Stipulates spiritous liquor sales made in connection with a professional or collegiate national sporting championship event held in Arizona may be extended until 3:00 a.m. if issued by a gubernatorial executive order. (Sec. 8)

9.   Stipulates spiritous liquor consumption may be extended until 3:30 a.m. if a gubernatorial executive order extends the sales until 3:00 a.m. (Sec. 8)

10.  Excludes wine produced under an alternating proprietorship as wine that may be:

a)   consumed for quality control on the licensed farm winery festival premises. (Sec. 1)

b)   served for sampling purposes on the licensed farm winery premises. (Sec. 2)

c)   sold to a consumer physically present on the licensed farm winery premises. (Sec. 2)

d)   sold at the remote tasting and retail premises of a licensed farm winery. (Sec. 2)

11.  Removes the restriction on issuing a license to premises located within 300 feet of a church. (Sec. 3)

12.  Clarifies the licensee's duty to protect the customer's safety does not limit them from using reasonable intervention, restraint or removal of a person to prevent them from injuring others. (Sec. 5)

13.  Makes conforming changes. (Sec. 2, 3, 4, 5, 8)

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17.                    HB 2660

18.  Initials PRB           Page 0 Caucus & COW

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