Bill Text: AZ HB2002 | 2010 | Forty-ninth Legislature 2nd Regular | Chaptered
Bill Title: Technical correction; corporation commission; powers
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-04-19 - Governor Signed [HB2002 Detail]
Download: Arizona-2010-HB2002-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HOUSE BILL 2002 |
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AN ACT
amending title 4, chapter 2, article 1, Arizona Revised Statutes, by adding section 4-203.05; amending section 4-206.01, Arizona Revised Statutes; amending title 4, chapter 2, article 4, Arizona Revised Statutes, by adding section 4-261.01; relating to spirituous liquor licenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 4, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 4-203.05, to read:
4-203.05. Licenses held in nonuse status
A licensee who holds a license in nonuse status shall not be responsible for and shall not accrue any municipal license fee or tax or municipal renewal fee or tax attributed to the time that the license is properly held in nonuse status.
Sec. 2. Section 4-206.01, Arizona Revised Statutes, is amended to read:
4-206.01. Bar, beer and wine bar or liquor store licenses; number permitted; fee; sampling privileges
A. The director shall determine the total number of spirituous liquor licenses by type and in each county. The director shall publish a listing of that information as determined by the director.
B. In each county, the director shall issue additional bar, beer and wine bar or liquor store licenses at the rate of one of each type for each additional ten thousand person increase over the population in that county as of July 1, 2010. For purposes of this paragraph subsection, the population of a county is deemed to be the population estimated by the department of economic security as of July 1 of each year.
C. A person issued a license authorized by subsection B of this section shall pay an additional issuance fee equal to the license's fair market value which that shall be paid to the state general fund. The fair market value shall be defined to mean the mean value of licenses of the same type sold on the open market in the same county during the prior twelve months, but if there are not three or more such sales then the fair market value shall be determined by three appraisals furnished to the department by independent professional appraisers employed by the director.
D. The director shall employ professional appraisal services to determine the fair market value of bar, beer and wine bar or liquor store licenses.
E. If more than one person applies for an available license, a priority of applicants shall be determined by a random selection method prescribed by the director.
F. After January 1, 2011, bar licenses and beer and wine bar licenses shall be issued and used only if the clear primary purpose and actual primary use is for on-sale retailer privileges. The off-sale privileges associated with a bar license and a beer and wine bar license shall be limited to a minor use, which is clearly auxiliary to the primary on-sale privilege. A bar license or a beer and wine bar license shall not be issued or used if the associated off-sale use, by total retail liquor sales, exceeds ten per cent of the sales price of on-sale spirituous liquors by the licensee at that location.
G. The director may issue a beer and wine store license to the holder of a beer and wine bar license simultaneously at the same premises. An applicant for a beer and wine bar license and a beer and wine store license may consolidate the application and may apply for both licenses at the same time. The holder of each license shall fully comply with all applicable provisions of this title. A beer and wine bar license and beer and wine store license on the same premises shall be owned by and issued to the same licensee.
H. The director may issue a beer and wine bar license to the holder of a liquor store license issued simultaneously at the same premises. An applicant for a liquor store license and a beer and wine bar license may consolidate the application and may apply for both licenses at the same time. The holder of each license shall fully comply with all applicable provisions of this title. A liquor store license and a beer and wine bar license on the same premises shall be owned by and issued to the same licensee.
I. The director may issue a restaurant license to the holder of a beer and wine bar license issued simultaneously at the same premises. An applicant for a restaurant license and a beer and wine bar license may consolidate the application and may apply for both licenses at the same time. The holder of each license shall fully comply with all applicable provisions of this title. A restaurant license and a beer and wine bar license on the same premises shall be owned by and issued to the same licensee. The limitation set forth in subsection f with respect to the off-sale privileges of the beer and wine bar licenses shall be measured against the on-sales of beer and wine sales of the establishment. For purposes of compliance with section 4-205.02, subsection G, paragraph 2, it shall be conclusively presumed that all on premises sales of spirituous liquors are made under the authority of the restaurant license.
J. An applicant for a liquor store license or the licensee of a liquor store license may apply for sampling privileges associated with the license. a person desiring a sampling privilege associated with a liquor store license shall apply to the director on a form prescribed and furnished by the director. The application for sampling privileges may be filed for an existing license or may be submitted with an initial license application. The request for sampling approval, the review of the application and the issuance of approval shall be conducted under the same procedures for the issuance of a spirituous liquor license prescribed in section 4-201. After a sampling privilege has been issued for a liquor store license, the sampling privilege shall be noted on the license itself and in the records of the department. The sampling rights associated with a license are not transferable. Notwithstanding section 4-244, paragraph 19, a liquor store licensee that holds a license with sampling privileges may provide spirituous liquor sampling subject to the following requirements:
1. Any open product shall be kept locked by the licensee when the sampling area is not staffed.
2. The licensee is otherwise subject to all other provisions of this title. The licensee is liable for any violation of this title committed in connection with the sampling.
3. The licensed retailer shall make sales of sampled products from the licensed retail premises.
4. The licensee shall not charge any customer for the sampling of any products.
5. The sampling shall be conducted under the supervision of an employee of a sponsoring distiller, vintner, brewer, wholesaler or retail licensee.
6. Accurate records of sampling products dispensed shall be retained by the licensee.
7. Sampling shall be limited to three ounces of beer or cooler‑type products, one ounce of wine and one ounce of distilled spirits per person, per brand, per day.
8. The sampling shall be conducted only on the licensed premises.
K. If a beer and wine bar license and a beer and wine store license are issued at the same premises, for purposes of reporting liquor purchases under each license, all spirituous beverages purchased for sampling are conclusively presumed to be purchased under the beer and wine bar license and all spirituous liquor sold off-sale are conclusively presumed to be purchased under the beer and wine store license.
Sec. 3. Title 4, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 4-261.01, to read:
4-261.01. Display of license
All on-sale licensees shall display the liquor license in a conspicuous public area of the licensed premises that is readily accessible for inspection by any peace officer, distributor, wholesaler or member of the public.
Sec. 4. Existing licenses
A. To resolve potential conflicting legal claims between this state and holders of bar liquor licenses that exceed the sale limitation of section 4‑206.01, subsection F, Arizona Revised Statutes, as amended by this act, the holder of a bar liquor license issued and actively used primarily for off‑sale purposes may surrender the bar liquor license to the department of liquor licenses and control before January 1, 2011, in exchange for a liquor store license at no additional cost or charge. The replacement liquor store license shall be issued without any further application by the licensee, without any further approval by the department and shall immediately be put to use by the licensee at the location where the surrendered bar liquor license was previously used. The licensee shall thereafter have all rights and privileges associated with the liquor store license, notwithstanding any other provisions of title 4, Arizona Revised Statutes. The department of liquor licenses and control shall render void and extinguish any bar liquor license surrendered pursuant to this subsection.
B. For any license issued pursuant to subsection A of this section, notwithstanding the requirements prescribed in section 4-206.01, subsection I, Arizona Revised Statutes, as amended by this act, the original licensee shall have all rights specified in section 4-206.01, subsection I, Arizona Revised Statutes, as amended by this act, without any further application by the licensee and without any further approval by the department of liquor licenses and control. The department of liquor licenses and control shall identify on the license and in the records of the department that the new license has the sampling privileges specified in section 4-206.01, subsection I, Arizona Revised Statutes, as amended by this act. The sampling rights prescribed in this subsection are nontransferrable and apply automatically only to the benefit of the licensee that is issued a replacement liquor store license after the surrender of a bar liquor license pursuant to subsection A of this section.
C. To resolve potential conflicting legal claims between this state and holders of beer and wine bar liquor licenses that do not meet the requirements of section 4-206.01, subsection F, Arizona Revised Statutes, as amended by this act, the holder of a beer and wine bar license that is issued and actively used primarily for off-sale purposes may apply to the department of liquor licenses and control for a beer and wine store license, which shall be issued at no additional cost or charge. A beer and wine store license that is issued pursuant to this subsection shall immediately be put to use by the licensee at the location where the beer and wine bar license is being used. The beer and wine bar and beer and wine store licenses shall be held by the same licensee. The licensee shall thereafter have all rights and privileges associated with the beer and wine bar and beer and wine store license.
