4-243.01. Purchasing from other than primary source of supply unlawful; definitions
A. It is unlawful:
1. For any supplier to solicit, accept or fill any order for any spirituous liquor from any wholesaler in this state unless the supplier is the primary source of supply for the brand of spirituous liquor sold or sought to be sold and is duly licensed by the board.
2. For any wholesaler or any other licensee in this state to order, purchase or receive any spirituous liquor from any supplier unless the supplier is the primary source of supply for the brand ordered, purchased or received.
3. Except as provided by section 4-243.02 for a retailer to order, purchase or receive any spirituous liquor from any source other than any of the following:
(a) A wholesaler that has purchased the brand from the primary source of supply.
(b) A wholesaler that is the designated representative of the primary source of supply in this state and that has purchased such spirituous liquor from the designated representative of the primary source of supply within or without this state.
(c) A registered retail agent as defined in section 4-101.
(d) A farm winery that is licensed under section 4-205.04 and that is subject to the limits prescribed in section 4-205.04, subsection C, paragraph 7.
(e) A licensed microbrewery licensed under section 4-205.08.
(f) A craft distiller that is licensed under section 4-205.10 and that is subject to the limits prescribed in section 4-205.10, subsection C, paragraph 5.
B. All spirituous liquor shipped into this state shall be invoiced to the wholesaler by the primary source of supply. All spirituous liquor shall be unloaded and remain at the wholesaler's premises for at least twenty-four hours. A copy of each invoice shall be transmitted by the wholesaler and the primary source of supply to the department of revenue.
C. The director may suspend for a period of one year the license of any wholesaler or retailer who violates this section.
D. On determination by the department of revenue that a primary source of supply has violated this section, a wholesaler may not accept any shipment of spirituous liquor from such primary source of supply for a period of one year.
E. For the purposes of this section:
1. " Primary source of supply" means the distiller, producer, owner of the commodity at the time it becomes a marketable product, bottler or exclusive agent of any such distributor or owner. In the case of imported products, the primary source of supply means either the foreign producer, owner, bottler or agent or the prime importer from, or the exclusive agent in, the United States of the foreign distiller, producer, bottler or owner.
2. " Wholesaler" means any person, firm or corporation that is licensed in this state to sell to retailers and that is engaged in the business of warehousing and distributing brands of various suppliers to retailers generally in the marketing area in which the wholesaler is located.
Structure Arizona Revised Statutes
§ 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
§ 4-120 - 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
§ 4-203.05 - 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
§ 4-205.04 - 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
§ 4-207 - Restrictions on licensing premises near school buildings; definition
§ 4-207.02 - Multiple licensees with joint premises
§ 4-207.03 - Extended premises; application; requirements; fee
§ 4-208 - Rejection as to location
§ 4-210.01 - Authority to impose civil penalty; training
§ 4-210.02 - Appeals from director
§ 4-211 - Judicial review; bond
§ 4-214 - Arizona wines; labeling
§ 4-221 - Registration of stills; forfeiture; sale; proceeds
§ 4-222 - Registration of retail agents; fees
§ 4-224 - Local ordinances; prohibitions
§ 4-225 - Food safety; federal law; preemption
§ 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
§ 4-242 - Sale of liquor on credit prohibited; exceptions
§ 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
§ 4-246 - Violation; classification; fine; civil penalty
§ 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
§ 4-301 - Liability limitation; social host
§ 4-302 - Notice of litigation
§ 4-311 - Liability for serving intoxicated person or minor; definition