Arizona Revised Statutes
Title 4 - Alcoholic Beverages
§ 4-311 - Liability for serving intoxicated person or minor; definition

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

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