Bill Amendment: AZ HB2204 | 2013 | Fifty-first Legislature 1st Regular
Bill Title: Law enforcement; surviving spouse; insurance
Status: 2013-04-05 - Governor Signed [HB2204 Detail]
Download: Arizona-2013-HB2204-HOUSE_PROPOSED_AMENDMENT_Reform_and_Human_Services_-_Strike_Everything.html
Fifty-first Legislature RHS
First Regular Session H.B. 2205
PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2205
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 4-210, Arizona Revised Statutes, is amended to read:
4-210. Grounds for revocation, suspension and refusal to renew; notice; complaints; hearings
A. After notice and hearing, the director may suspend, revoke or refuse to renew any license issued pursuant to this chapter for any of the following reasons:
1. There occurs on the licensed premises repeated acts of violence or disorderly conduct.
2. The licensee fails to satisfactorily maintain the capability, qualifications and reliability requirements of an applicant for a license prescribed in section 4‑202 or 4‑203.
3. The licensee or controlling person knowingly files with the department an application or other document which that contains material information which that is false or misleading or while under oath knowingly gives testimony in an investigation or other proceeding under this title which that is false or misleading.
4. The licensee or controlling person is on the premises habitually intoxicated.
5. The licensed business is delinquent for more than one hundred twenty days in the payment of taxes, penalties or interest in an amount that exceeds two hundred fifty dollars to the state or to any political subdivision of the state.
6. The licensee or controlling person obtains, assigns, transfers or sells a spirituous liquor license without compliance with this title or leases or subleases a license.
7. The licensee fails to keep for two years and make available to the department on reasonable request all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of spirituous liquors and, in the case of a restaurant or hotel‑motel licensee, all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of food.
8. The licensee or controlling person is convicted of a felony provided that for a conviction of a corporation to serve as a reason for any action by the director, conduct which that constitutes the corporate offense and was the basis for the felony conviction must have been engaged in, authorized, solicited, commanded or recklessly tolerated by the directors of the corporation or by a high managerial agent acting within the scope of employment.
9. The licensee or controlling person violates or fails to comply with this title, any rule adopted pursuant to this title or any liquor law of this state or any other state.
10. The licensee fails to take reasonable steps to protect the safety of a customer of the licensee entering, leaving or remaining on the licensed premises when the licensee knew or reasonably should have known of the danger to such the person, or the licensee fails to take reasonable steps to intervene by notifying law enforcement officials or otherwise to prevent or break up an act of violence or an altercation occurring on the licensed premises or immediately adjacent to the premises when the licensee knew or reasonably should have known of such the acts of violence or altercations.
11. The licensee or controlling person lacks good moral character.
12. The licensee or controlling person knowingly associates with a person who has engaged in racketeering, as defined in section 13‑2301, or who has been convicted of a felony, and the association is of such a nature as to create a reasonable risk that the licensee will fail to conform to the requirements of this title or of any criminal statute of this state.
13. The licensee violates the restrictions on use of automatic teller machines or point‑of‑sale terminals regarding electronic transfer cards prescribed in section 4-242.01.
B. For the purposes of:
1. Subsection A, paragraph 8 of this section, "high managerial agent" means an officer of a corporation or any other agent of the corporation in a position of comparable authority with respect to the formulation of corporate policy.
2. Subsection A, paragraphs 9 and 10 of this section, acts or omissions of an employee of a licensee, which violate any provision of this title or rules adopted pursuant to this title shall be deemed to be acts or omissions of the licensee. Acts or omissions by an employee or licensee committed during the time the licensed premises were operated pursuant to an interim permit or without a license may be charged as if they had been committed during the period the premises were duly licensed.
C. The director may suspend, revoke or refuse to issue, transfer or renew a license under this section based solely on the unrelated conduct or fitness of any officer, director, managing agent or other controlling person if the controlling person retains any interest in or control of the licensee after sixty days following written notice to the licensee. If the controlling person holds stock in a corporate licensee or is a partner in a partnership licensee, the controlling person may only divest himself of his interest by transferring the interest to the existing stockholders or partners who must demonstrate to the department that they meet all the requirements for licensure. For the purposes of this subsection, the conduct or fitness of a controlling person is unrelated if it would not be attributable to the licensee.
D. If the director finds, based on clear and convincing evidence in the record, that a violation involves the use by the licensee of a drive‑through or walk‑up service window or other physical feature of the licensed premises that allows a customer to purchase spirituous liquor without leaving the customer’s vehicle or, with respect to a walk‑up service window that prevents the licensee from fully observing the customer, and that the use of that drive-through or walk‑up service window or other physical feature caused the violation, the director may suspend or terminate the licensee's use of the drive-through or walk‑up service window or other physical feature for the sale of spirituous liquor, in addition to any other sanction.
E. The director may refuse to transfer any license or issue a new license at the same location if the director has filed a complaint against the license or location which that has not been resolved alleging a violation of any of the grounds set forth in subsection A of this section until such the time as the complaint has been finally adjudicated.
F. The director shall receive all complaints of alleged violations of this chapter and is responsible for the investigation of all allegations of a violation of, or noncompliance with, this title, any rule adopted pursuant to this title or any condition imposed on the licensee by the license. When the director receives three such complaints from any law enforcement agency resulting from three separate incidents at a licensed establishment within a twelve‑month period, the director shall transmit a written report to the board setting forth the complaints, the results of any investigation conducted by the law enforcement agency or the department relating to the complaints and a history of all prior complaints against the license and their disposition. The board shall review the report and may direct the director to conduct further investigation of a complaint or to serve a licensee with a complaint and notice of a hearing pursuant to subsection G of this section.
G. On the director's initiation of an investigation or on the receipt of a complaint and an investigation of the complaint as deemed necessary, the director may cause a complaint and notice of a hearing to be directed to the licensee setting forth the violations alleged against the licensee and directing the licensee, within fifteen days after service of the complaint and notice of a hearing, to appear by filing with the director an answer to the complaint. Failure of the licensee to answer may be deemed an admission by the licensee of commission of the act charged in the complaint. The director may then vacate the hearing and impose any sanction provided by this article. The director may waive any sanction for good cause shown including excusable neglect. With respect to any violation of this title or any rule adopted pursuant to this title that is based on the act or omission of a licensee's employee, the director shall consider evidence of mitigation presented by the licensee and established by a preponderance of the evidence that the employee acted intentionally and in violation of the express direction or policy adopted by the licensee and communicated to the employee and that the employee successfully completed training in a course approved by the director pursuant to section 4‑112, subsection G, paragraph 2. The director may set the hearing before himself or an administrative law judge on any of the grounds set forth in subsection A of this section. Instead of issuing a complaint, the director may provide for informal disposition of the matter by consent agreement or may issue a written warning to the licensee. If a warning is issued, the licensee may reply in writing and the director shall keep a record of the warning and the reply.
H. A hearing shall conform to the requirements of title 41, chapter 6, article 10. At the hearing an attorney or corporate officer or employee of a corporation may represent the corporation.
I. The expiration, cancellation, revocation, reversion, surrender, acceptance of surrender or termination in any other manner of a license does not prevent the initiation or completion of a disciplinary proceeding pursuant to this section against the licensee or license. An order issued pursuant to a disciplinary proceeding against a license is enforceable against other licenses or subsequent licenses in which the licensee or controlling person of the license has a controlling interest.
J. The department shall provide the same notice as is provided to the licensee to a lienholder, which has provided a document under section 4‑112, subsection B, paragraph 3, of all disciplinary or compliance action with respect to a license issued pursuant to this title. The state shall not be liable for damages for any failure to provide any notice pursuant to this subsection.
K. In any disciplinary action pursuant to this title, a lienholder may participate in the determination of the action. The director shall consider mitigation on behalf of the lienholder if the lienholder proves all of the following by a preponderance of the evidence:
1. That the lienholder's interest is a bona fide security interest. For the purposes of this paragraph, "bona fide security interest" means the lienholder provides actual consideration to the licensee or the licensee's predecessor in interest in exchange for the lienholder's interest. Bona fide security interest includes a lien taken by the seller of a license as security for the seller's receipt of all or part of the purchase price of the license.
2. That a statement of legal or equitable interest was filed with the department before the alleged conduct occurred which that is the basis for the action against the license.
3. That the lienholder took reasonable steps to correct the licensee's prior actions, if any, or initiated an action pursuant to available contract rights against the licensee for the forfeiture of the license after being provided with notice by the department of disciplinary action as provided in subsection J of this section.
4. That the lienholder was free of responsibility for the conduct which that is the basis for the proposed revocation.
5. That the lienholder reasonably attempted to remain informed by the licensee about the business' conduct.
L. If the director decides not to revoke the license based on the circumstances provided in subsection K of this section, the director may issue an order requiring either, or both, of the following:
1. The forfeiture of all interest of the licensee in the license.
2. The lienholder to pay any civil monetary penalty imposed on the licensee.
M. If any on‑sale licensee proposes to provide large capacity entertainment events or sporting events with an attendance capacity exceeding a limit established by the director, the director may request a security plan from the licensee that may include trained security officers, lighting and other requirements. This subsection exclusively prescribes the security requirements for a licensee and does not create any civil liability for the state, its agencies, agents or employees or a person licensed under this title or agents or employees of a licensee.
Sec. 2. Title 4, chapter 2, article 3, Arizona Revised Statutes, is amended by adding section 4-242.01, to read:
4-242.01. Prohibition of automatic teller machine or point‑of‑sale terminal that accepts electronic benefit transfer cards on premises
It is unlawful for a liquor store AS DEFINED IN SECTION 46‑297 to operate on the licensed premises an automatic teller machine or a point‑of‑sale terminal that accepts electronic benefit transfer cards issued pursuant to title 46, chapter 2, article 5 or that processes electronic benefit card transactions.
Sec. 3. Section 4-246, Arizona Revised Statutes, is amended to read:
4-246. Violation; classification
A. A person violating any provision of this title is guilty of a class 2 misdemeanor unless another classification is prescribed.
B. A person violating section 4‑244, paragraph 9, 14, 34, 42 or 44 is guilty of a class 1 misdemeanor.
C. A person violating sections section 4‑229, subsection B, or section 4‑244, paragraph 31 is guilty of a class 3 misdemeanor.
D. In addition to any other penalty prescribed by law, the court may suspend the privilege to drive of a person under eighteen years of age for a period of up to one hundred eighty days on receiving the record of the person’s first conviction for a violation of section 4-244, paragraph 9.
E. In addition to any other penalty prescribed by law, a person who is convicted of a violation of section 4‑244, paragraph 42 shall pay a fine of not less than at least five hundred dollars.
F. In addition to any other penalty prescribed by law, a person who is convicted of a violation of section 4‑241, subsection L, M or N shall pay a fine of not less than at least two hundred fifty dollars.
Sec. 4. Title 5, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 5-116, to read:
5-116. Prohibition of automatic teller machine or point‑of‑sale terminal that accepts electronic benefit transfer cards on premises; violation; classification
A. It is unlawful for a permittee, licensee or facility for commercial horse racing or dog racing licensed pursuant to this title to operate on the licensed premises an automatic teller machine or a point‑of‑sale terminal that accepts electronic benefit transfer cards issued pursuant to title 46, chapter 2, article 5 or that processes electronic benefit transfer card transactions.
B. Failure to comply with this section is a license violation subject to licensing action.
Sec. 5. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, title 46, chapter 2, article 5, Arizona Revised Statutes, is amended by adding section 46-297, to read:
46-297. Electronic benefit transfers; prohibitions; violation; classification; definitions
A. A head of household who receives cash assistance pursuant to this section, or on behalf of another person, and any person authorized by the head of household shall not conduct an electronic benefit transfer transaction at a prohibited business.
B. A prohibited business shall not allow an electronic benefit transfer card transaction on its premises. On or before February 1, 2014, a prohibited business shall disable the ability of every automatic teller machine and point‑of‑sale terminal operated on the prohibited business' premises to accept or process an electronic benefit transfer transaction. A prohibited business that violates this section is subject to licensing or permit action.
C. A state agency that licenses or regulates a prohibited business shall ensure that the prohibited business disables the ability of automatic teller machine and point‑of‑sale terminals operated on the prohibited business' premises to accept the electronic benefit transfer card or process an electronic benefit transfer card transaction and shall enforce the continued prohibition on the use of the electronic benefit transfer card.
D. An Indian community shall enact a tribal ordinance establishing responsible restrictions on the provision of financial services at a gaming establishment to comply with this section. At a minimum, the ordinance shall prohibit:
1. Locating an automatic teller machine adjacent to or in close proximity to any gaming device as defined in section 5-601.02.
2. Locating an automatic teller machine or point‑of‑sale terminal that accepts or processes an electronic benefit transfer card transaction in a gaming facility.
E. A municipality that licenses or regulates adult oriented entertainment businesses shall ensure that all adult oriented businesses in the municipality's jurisdiction disable the ability of automatic teller machine and point‑of‑sale terminals operated on the business' premises to accept the electronic benefit transfer card or process an electronic benefit transfer card transaction and shall enforce the continued prohibition on the use of the electronic benefit transfer card. A municipality shall enact ordinances necessary to ensure compliance with this section.
F. The department shall notify electronic benefit transfer card recipients of the restrictions prescribed in subsection A of this section.
G. An adult oriented entertainment establishment that violates this section is subject to licensing or permit action.
H. For the purposes of this section:
1. "Adult oriented establishment" means an entertainment business at which performers disrobe or perform in an unclothed state.
2. "Casino", "gambling casino" and "gaming establishment" do not include either of the following:
(a) A grocery store that sells groceries, including staple foods, and that is located in the same building or complex as casino, gambling or gaming activities.
(b) Any other business that offers casino, gambling or gaming activities incidental to the principal purpose business.
3. "Electronic benefit transfer card transaction" means the use of a credit or debit card service, automated teller machine, point‑of‑sale terminal or access to an online system for the withdrawal of cash assistance provided pursuant to this article or for the processing of a payment for merchandise or a service from cash assistance provided pursuant to this article.
4. "Liquor" means the following substances as defined in section 4‑101:
(a) beer
(b) wine
(c) distilled spirits
(d) spirituous liquor
5. "Liquor store" means:
(a) a retail establishment that exclusively or primarily sells liquor, but does not include a grocery store that sells both liquor and groceries, including staple foods.
(b) any person operating an establishment where liquor is sold in the original container for consumption off premises.
6. "Prohibited business" means any of the following, and includes the licensee or permitee of the prohibited business:
(a) A liquor store.
(b) A casino, gambling casino or gaming establishment, including a facility for commercial horse racing or dog racing as defined in section 5‑101.
(c) An adult oriented establishment.
7. "Staple food" means food in any of the following categories except accessory food items such as coffee, tea, cocoa, carbonated and uncarbonated drinks, candy, condiments and spices:
(a) Meat, poultry or fish.
(b) Bread or cereals.
(c) Vegetables or fruits.
Sec. 6. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 46-297, Arizona Revised Statutes, as added by this act, is effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature."
