4-311. Liability for serving intoxicated person or minor; definition
A. A licensee is liable for property damage and personal injuries or is liable to a person who may bring an action for wrongful death pursuant to section 12-612, or both, if a court or jury finds all of the following:
1. The licensee sold spirituous liquor either to a purchaser who was obviously intoxicated, or to a purchaser under the legal drinking age without requesting identification containing proof of age or with knowledge that the person was under the legal drinking age.
2. The purchaser consumed the spirituous liquor sold by the licensee.
3. The consumption of spirituous liquor was a proximate cause of the injury, death or property damage.
B. No licensee is chargeable with knowledge of previous acts by which a person becomes intoxicated at other locations unknown to the licensee unless the person was obviously intoxicated. If the licensee operates under a restaurant license, the finder of fact shall not consider any information obtained as a result of a restaurant audit conducted pursuant to section 4-213 unless the court finds the information relevant.
C. For the purposes of subsection A, paragraph 2 of this section, if it is found that an underage person purchased spirituous liquor from a licensee and such underage person incurs or causes injuries or property damage as a result of the consumption of spirituous liquor within a reasonable period of time following the sale of the spirituous liquor, it shall create a rebuttable presumption that the underage person consumed the spirituous liquor sold to such person by the licensee.
D. For the purposes of this section, " obviously intoxicated" means inebriated to such an extent that a person's physical faculties are substantially impaired and the impairment is shown by significantly uncoordinated physical action or significant physical dysfunction that would have been obvious to a reasonable person.
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