4-243.04. On-sale retail licensees; ownership interests; conditions
A. Notwithstanding section 4-243, a distiller, vintner, brewer, rectifier, blender or other producer of spirituous liquor may have a direct or indirect ownership interest or a financial interest in the license, premises or business on an on-sale retail licensee if each of the following conditions are met:
1. The retail licensee purchases all spirituous liquor for sale at the premises from wholesalers that are licensed in this state.
2. The retail licensee does not purchase or sell any brand of spirituous liquor produced by the distiller, vintner, brewer, rectifier, blender or other producer of spirituous liquor or by any of its subsidiaries or affiliates.
3. The sale and service of spirituous liquor at the premises is an independent business that is owned, managed and supervised by a person or entity that is not employed by and does not have an ownership interest in the retailer's license, premises or business and is not employed by and does not have an ownership interest in the distiller, vintner, brewer, rectifier, blender or other producer of spirituous liquor. The person owning, managing and supervising the sale and service of spirituous liquor on the premises of the on-sale retail licensee shall be properly licensed by the department and shall have entered into a commercial lease or operating or management agreement with the owner or operator of the premises. This paragraph does not prohibit the sale and service of spirituous liquor by employees of the owner or operator of the premises who act under the supervision of the independent licensee. This paragraph does not prevent the payment of rent, rent calculated as a percentage of gross receipts or a percentage of gross receipts from the sale of spirituous liquor to the owner or operator of the premises.
B. Notwithstanding section 4-243, a distiller, vintner, brewer, rectifier, blender or other producer of spirituous liquor may directly or indirectly furnish, give, rent, lend or sell to an on-sale retail licensee equipment, fixtures, signs, furnishings, money or other things of value if each of the following conditions are met:
1. The retail licensee purchases all spirituous liquor for sale at the premises from wholesalers that are licensed in this state.
2. The retail licensee does not purchase or sell any brand of spirituous liquor produced by the distiller, vintner, brewer, rectifier, blender or other producer of spirituous liquor or by any of its subsidiaries or affiliates.
3. The retail licensee is a franchisee of a person that is affiliated with the distiller, vintner, brewer, rectifier, blender or other producer of spirituous liquor and the compensation paid by the retail licensee as a franchise fee or royalty is not based on revenue derived from the sale of spirituous liquor.
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