Arizona Revised Statutes
Title 4 - Alcoholic Beverages
§ 4-112 - Powers and duties of board and director of department of liquor licenses and control; investigations; county and municipal regulation; definition

4-112. Powers and duties of board and director of department of liquor licenses and control; investigations; county and municipal regulation; definition
A. The board shall:
1. Grant and deny applications in accordance with the provisions of this title.
2. Adopt rules in order to carry out the provisions of this section.
3. Hear appeals and hold hearings as provided in this section.
B. Except as provided in subsection A of this section, the director shall administer the provisions of this title, including:
1. Adopting rules:
(a) For carrying out the provisions of this title.
(b) For the proper conduct of the business to be carried on under each specific type of spirituous liquor license.
(c) To enable and assist state officials and political subdivisions to collect taxes levied or imposed in connection with spirituous liquors.
(d) For the issuance and revocation of certificates of registration of retail agents, including provisions governing the shipping, storage and delivery of spirituous liquors by registered retail agents, the keeping of records and the filing of reports by registered retail agents.
(e) To establish requirements for licensees under section 4-209, subsection B, paragraph 12.
2. Subject to title 41, chapter 4, article 4, employing necessary personnel and fixing their compensation pursuant to section 38-611.
3. Keeping an index record that is a public record open to public inspection and that contains the name and address of each licensee and the name and address of any person having an interest, either legal or equitable, in each license as shown by any written document that is placed on file in the office of the board.
4. Providing the board with supplies and personnel as directed by the board.
5. Responding in writing to any law enforcement agency that submits an investigative report to the department relating to a violation of this title, setting forth what action, if any, the department has taken or intends to take on the report and, if the report lacks sufficient information or is otherwise defective for use by the department, what the agency must do to remedy the report.
6. Taking steps that are necessary to maintain effective liaison with the department of public safety and all local law enforcement agencies in the enforcement of this title including the laws of this state against the consumption of spirituous liquor by persons under the legal drinking age.
7. Providing training to law enforcement agencies in the proper investigation and reporting of violations of this title.
C. The director shall establish within the department a separate investigations unit that has as its sole responsibility the investigation of compliance with this title including the investigation of licensees alleged to have sold or distributed spirituous liquor in any form to persons under the legal drinking age. Investigations conducted by this unit may include covert undercover investigations.
D. All employees of the department of liquor licenses and control, except members of the state liquor board and the director of the department, shall be employed by the department in the manner prescribed by the department of administration.
E. The director may enter into a contract or agreement with any public agency for any joint or cooperative action as provided for by title 11, chapter 7, article 3.
F. The board or the director may take evidence, administer oaths or affirmations, issue subpoenas requiring attendance and testimony of witnesses, cause depositions to be taken and require by subpoena duces tecum the production of books, papers and other documents that are necessary for the enforcement of this title. Proceedings held during the course of a confidential investigation are exempt from title 38, chapter 3, article 3.1. If a person refuses to obey a subpoena or fails to answer questions as provided by this subsection, the board or the director may apply to the superior court in the manner provided in section 12-2212. The board or director may serve subpoenas by personal service or certified mail, return receipt requested.
G. The director may:
1. Examine books, records and papers of a licensee.
2. Require applicants, licensees, employees who serve, sell or furnish spirituous liquors to retail customers, managers and managing agents to take training courses approved by the director in spirituous liquor handling and spirituous liquor laws and rules. The director shall adopt rules that set standards for approving training courses. The director may suspend or revoke the previous approval of trainers who do not adhere to course administration requirements prescribed by the department or who do not meet course standards. If the director suspends or revokes the previous approval of a trainer pursuant to this paragraph, the trainer may appeal to the board pursuant to section 4-210.02 as if the suspension or revocation was a sanction against a licensee. After January 1, 2019, the rules for on-sale retailer basic training and on-sale retailer management training shall include security procedures for security personnel assigned to monitor admission of patrons, interaction with patrons, calls to law enforcement and strategies for use of force and for the use of de-escalation techniques. If the retailer uses a registered security guard, the retailer shall attempt to verify the validity and status of the security guard's registration certificate. The department's licensed investigators may participate and receive compensation as lecturers at approved training courses within this state's jurisdiction that are conducted by other entities but shall not participate in in-house training programs for licensees.
3. Delegate to employees of the department authority to exercise powers of the director in order to administer the department.
4. Regulate signs that advertise a spirituous liquor product at licensed retail premises.
5. Cause to be removed from the marketplace spirituous liquor that may be contaminated.
6. Regulate the age and conduct of erotic entertainers at licensed premises. The age limitation governing these erotic entertainers may be different from other employees of the licensee.
7. Issue and enforce cease and desist orders against any person or entity that sells beer, wine or spirituous liquor without an appropriate license or permit.
8. Confiscate wines carrying a label including a reference to Arizona or any Arizona city, town or place unless at least seventy-five percent by volume of the grapes used in making the wine were grown in this state.
9. Accept and expend private grants of monies, gifts and devises for conducting educational programs for parents and students on the repercussions of underage alcohol consumption. State general fund monies shall not be expended for the purposes of this paragraph. If the director does not receive sufficient monies from private sources to carry out the purposes of this paragraph, the director shall not provide the educational programs prescribed in this paragraph. Grant monies received pursuant to this paragraph are nonlapsing and do not revert to the state general fund at the close of the fiscal year.
10. Procure fingerprint scanning equipment and provide fingerprint services to license applicants and licensees. The department may charge a fee for providing these services.
11. Accept electronic signatures on all department and licensee forms and documents and applications. The director may adopt requirements that would require facsimile signatures to be followed by original signatures within a specified time period.
12. For use after January 1, 2019, adopt a form that is required to be used by all on-sale retailers that hire or designate employees to serve as security personnel. All security personnel job applicants and employees for on-sale retailers shall complete the form, which shall be notarized, before assignment to a security role. The form shall require the applicant or other person to disclose whether in the previous five years the person has been a registered sex offender or pled guilty, pled no contest or been convicted of any offense that constitutes assault, homicide, domestic violence, sexual misconduct, misconduct involving a deadly weapon or a drug violation that constitutes the illegal sale, manufacturing, cultivation or transportation for sale of marijuana, a dangerous drug or a narcotic drug. A licensee may not hire or assign to a role as security personnel any person who fails to complete the form or if the form discloses one of the listed offenses within the previous five years. The licensee shall maintain on file affidavits of all security personnel hired or designated by the licensee. The form may not be required for a peace officer who is certified by the Arizona peace officer standards and training board or other security personnel who hold a current security guard registration certificate or armed security guard registration certificate issued pursuant to title 32, chapter 26.
H. A county or municipality may enact and enforce ordinances regulating the age and conduct of erotic entertainers at licensed premises in a manner at least as restrictive as rules adopted by the director.
I. For the purposes of this section, " security personnel" includes individuals whose primary assigned responsibilities include the security and safety of employees and patrons of an on-sale retailer premises. Security personnel does not include a person whose primary responsibilities include checking the identification cards of patrons to determine compliance with age requirements.

Structure Arizona Revised Statutes

Arizona Revised Statutes

Title 4 - Alcoholic Beverages

§ 4-101 - Definitions

§ 4-111 - State liquor board; department of liquor licenses and control; members; director; appointment and removal

§ 4-112 - Powers and duties of board and director of department of liquor licenses and control; investigations; county and municipal regulation; definition

§ 4-113 - Enforcement officer; credentials; peace officer status

§ 4-114 - Interest in business prohibited; forfeiture of office

§ 4-115 - Disposition of fees and penalties

§ 4-116 - Receipts from club licenses and applications

§ 4-116.01 - Receipts from sampling privilege and growler permits

§ 4-118 - Inspection of premises

§ 4-119 - Records

§ 4-120 - Liquor licenses fund; exemption

§ 4-201 - Licensing; application procedure in city, town or county; burden of proof

§ 4-201.01 - Extending time limits

§ 4-202 - Qualifications of licensees; application; background information; prior convictions

§ 4-203 - Licenses; issuance; transfer; reversion to state

§ 4-203.01 - Interim permit; fee; rules

§ 4-203.02 - Special event license; rules

§ 4-203.03 - Farm winery festival license; farm winery fair license; fee

§ 4-203.04 - Direct shipment license; issuance; fee; requirements; renewal; civil penalties; limitations; duties; violation; classification; applicability

§ 4-203.05 - Licenses held in nonuse status

§ 4-203.06 - Mixed cocktails; off-sale privileges; leases; fees

§ 4-203.07 - Off-sale privileges; leases; mixed cocktails; permits; fees

§ 4-204 - Personal representative or fiduciary acting for licensee

§ 4-205 - Issuance of club license; regulatory provisions; revocation

§ 4-205.01 - Hotel-motel license; issuance; revocation

§ 4-205.02 - Restaurant license; issuance; regulatory provisions; expiration; off-sale leases and permits; fee; definitions

§ 4-205.03 - Government license; issuance; regulatory provisions; agreements with coliseum concessionaires; definitions

§ 4-205.04 - Farm winery license; issuance; regulatory provisions; retail site; fee

§ 4-205.05 - Disposal of seized or recovered liquor

§ 4-205.06 - Hotel or motel minibars; rules; definitions

§ 4-205.07 - Conveyance license for excursion boats

§ 4-205.08 - Microbrewery license; issuance; regulatory provisions; retail site

§ 4-205.09 - Microbrewery and farm winery licenses on same land; requirements

§ 4-205.10 - Craft distiller license; issuance; regulatory provisions; fee

§ 4-205.11 - Craft distillery festival license; craft distillery fair license; craft distillery fee

§ 4-205.12 - Tasting rooms with shared patios

§ 4-205.13 - Registered alcohol delivery contractor; issuance; fee; regulatory provisions

§ 4-206.01 - Bar, beer and wine bar or liquor store licenses; number permitted; fee; sampling privileges; off-sale permit

§ 4-207 - Restrictions on licensing premises near school buildings; definition

§ 4-207.01 - Submission of floor plan required; alteration of licensed premises; ingress and egress to off-sale package sales in on-sale licensed premises

§ 4-207.02 - Multiple licensees with joint premises

§ 4-207.03 - Extended premises; application; requirements; fee

§ 4-208 - Rejection as to location

§ 4-209 - Fees for license, application, issuance, renewal and transfer; late renewal penalty; seasonal operation; surcharges

§ 4-210 - Grounds for revocation, suspension and refusal to renew; notice; complaints; hearings; defense

§ 4-210.01 - Authority to impose civil penalty; training

§ 4-210.02 - Appeals from director

§ 4-211 - Judicial review; bond

§ 4-212 - Injunctions

§ 4-213 - Restaurant audit

§ 4-214 - Arizona wines; labeling

§ 4-215 - Regional shopping centers; commercial offices and retail centers; extension of premises; application; approval; fee; definition

§ 4-221 - Registration of stills; forfeiture; sale; proceeds

§ 4-222 - Registration of retail agents; fees

§ 4-223 - Authority of cities and towns to tax transactions involving spirituous liquors; prohibitions

§ 4-224 - Local ordinances; prohibitions

§ 4-225 - Food safety; federal law; preemption

§ 4-226 - Exemptions

§ 4-227 - Qualified retail cooperatives; pricing; definitions

§ 4-227.01 - Channel pricing; definition

§ 4-228 - Front entrance lock prohibited; exception

§ 4-229 - Licenses; handguns; posting of notice

§ 4-241 - Selling or giving liquor to underage person; illegally obtaining liquor by underage person; violation; classification; definitions

§ 4-242 - Sale of liquor on credit prohibited; exceptions

§ 4-242.01 - Prohibition of automatic teller machine or point-of-sale terminal that accepts electronic benefit transfer cards on premises

§ 4-243 - Commercial coercion or bribery unlawful; exceptions

§ 4-243.01 - Purchasing from other than primary source of supply unlawful; definitions

§ 4-243.02 - Sale of beer, wine or distilled spirits by producer; limitations

§ 4-243.03 - Alternating proprietorships

§ 4-243.04 - On-sale retail licensees; ownership interests; conditions

§ 4-244 - Unlawful acts; definition

§ 4-244.02 - Unlawful importation of spirituous liquor; exceptions

§ 4-244.04 - Farm winery sampling

§ 4-244.05 - Unlicensed business establishment or premises; unlawful consumption of spirituous liquor; civil penalty; seizure and forfeiture of property

§ 4-246 - Violation; classification; fine; civil penalty

§ 4-247 - Peace officers

§ 4-248 - Reporting by court of convictions; definition

§ 4-249 - Consumption of liquor by underage person in religious service allowed

§ 4-250 - Distilled spirits pricing; prohibition

§ 4-250.01 - Out-of-state person engaged in business as producer, exporter, importer, rectifier, retailer or wholesaler; violation; cease and desist order; civil penalty

§ 4-251 - Spirituous liquor in motor vehicles; prohibitions; violation; classification; exceptions; definitions

§ 4-261 - Warning signs; consumption of spirituous liquor during pregnancy; composition of signs; rules; inspection of premises; penalty

§ 4-262 - Display of license

§ 4-301 - Liability limitation; social host

§ 4-302 - Notice of litigation

§ 4-311 - Liability for serving intoxicated person or minor; definition

§ 4-312 - Liability limitation