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

House Engrossed

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.

Provisions

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. 9)

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. 9)

3.   Outlines the application process. (Sec. 9)

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. 9)

5.   Asserts the retail licensees that are subject to the extension are responsible for compliance. (Sec. 9)

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. 9)

Mixed Cocktails To-Go

Lease Privileges

7.   Allows, and outlines a process for, a bar or liquor store licensee to decline to lease its mixed cocktails privileges to a restaurant licensee. (Sec. 2)

8.   Stipulates a restaurant licensee who has been approved for a lease must be immediately granted the privilege of selling mixed cocktails for off-premises consumption whether or not the bar or liquor store licensee has accepted the lease. (Sec. 2)

Miscellaneous

9.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteTransfers 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. 3, 11)

10.  Updates statutory references relating to wine produced by a farm winery licensee under an alternating proprietorship. (Sec. 1, 3)

11.  Removes the restriction on issuing a license to premises located within 300 feet of a church. (Sec. 5)

12.  Permits, and provides requirements for, an on-sale spirituous liquor licensee to apply to DLLC for an extension of premises on a temporary basis. (Sec. 6)

13.  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. 8)

14.  Excludes dispensing or tapping machines or equipment as promotional items which may be provided from a wholesaler to an on-sale retailer. (Sec. 10)

15.  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. 12)

16.  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. 12)

17.  Exempts DLLC from rulemaking for one year for specified purposes. (Sec. 13)

18.  Makes technical and conforming changes. (various sections)

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22.                    HB 2660

23.  Initials PRB           Page 0 House Engrossed

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