ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: COM DP 8-0-0-2

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


HB 2741: liquor sampling; reporting; requirements.

Sponsor: Representative Lopez, LD 16

Caucus & COW

Overview

Allows a beer and wine store or liquor store to use any reasonable means for maintaining records and reports.

History

The Department of Liquor Licenses and Control (DLLC) regulates the manufacture, distribution and sale of liquor in Arizona through the issuance of a series of licenses and investigating licensee compliance with liquor laws. Certain liquor licenses have on-sale retail privileges allowing a customer to purchase and consume liquor on the licensed premises.

A liquor store licensee or a beer and wine store licensee may apply for sampling privileges associated with the license. A license with sampling privileges allows the licensee to provide spirituous liquor sampling subject to the following requirements:

1)   any open product must be kept locked by the licensee when the sampling area is not staffed;

2)   the licensee is otherwise subject to all other statutory requirements and is liable for any violation committed in connection with the sampling;

3)   the licensed retailer must make sales of sampled products from the licensed retail premises;

4)   the licensee is prohibited from charging any customer for the sampling of any products, except that the licensee may charge a fee for bona fide educational classes conducted in a classroom by an instructor on the licensed premises where the sampling of any spirituous liquor product is incidental to the course taught and to the course materials presented;

5)   the sampling must be conducted under the supervision of an employee of a sponsoring distiller, vintner, brewer, wholesaler or retail licensee;

6)   accurate records of sampling products dispensed must be retained by the licensee;

7)   sampling must be limited to three ounces of beer or cooler-type products, one and one-half ounces of wine and one ounce of distilled spirits per person, per brand, per day; and

8)   the sampling must be conducted only on the licensed premises (A.R.S. § 4-206.01).

Provisions

1.   Prohibits DLLC from requiring a beer and wine store or liquor store licensee who have sampling privileges to use a singular, department-maintained system for maintaining required records and reports. (Sec. 1)

2.   Requires a beer and wine store or liquor store to report scheduled samplings to DLLC once every two weeks. (Sec. 1)

3.   Allows a beer and wine store or liquor store to use any reasonable means:

a)   for maintaining the required records and reports; and

b)   to report scheduled samplings. (Sec. 1)

4.   Deletes archaic language. (Sec. 1)

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8.                     HB 2741

9.   Initials PB           Page 0 Caucus & COW

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