This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed.

Arizona Regulations Regarding the Sale of Alcoholic Beverages:

• The Arizona liquor authority is the Arizona Department of Liquor Licenses and Control.

• Arizona Department of Liquor Licenses and Control phone number is (602)542-5141.
• Arizona Department of Liquor Licenses and Control website is www.azliquor.gov.
• Duties of Arizona Department of Liquor Licenses and Control include enforcement, investigation (complaints and violations) and penalty (fines/suspensions).
• Arizona Legislature is the body responsible for enacting alcohol laws.
• Peace Officers have authority to enforce all liquor laws.

Consequences for Violations:

• Fines for a business range $200 to $3,000 per violation.
• License Suspension and/or License Revocation.
• Purchasing, giving or supplying alcohol to a minor may result is losing driving privileges for 30-days.

Liability - Criminal Liability:

• Serving a minor or intoxicated patron (class 1 misdemeanor) – fine up to $2500 and/or up to 6 months in jail.
• A class 2 misdemeanor will be any other violation of TITLE 4 and may produce a fine of up to $750 and/or up to 4 months in jail.

Liability - Civil Liability and Dram Shop Liability:

• Sales to a minor or an already intoxicated customer (who in turn is involved in an accident where bodily damage, personal property damage or death occurs) may result in the Licensee and/or employee being held liable in civil proceedings.
• Dram shop liability refers to the body of law governing the liability of taverns, liquor stores and other commercial establishments that serve alcoholic beverages. Generally, dram shop laws establish the liability of establishments arising out of the sale of alcohol to visibly intoxicated persons or minors who subsequently cause death or injury to third-parties - those not having a relationship to the bar, as a result of alcohol-related car crashes and other accidents.

Arizona Laws Regarding Intoxication:

• The sale of alcohol to a person who is “Obviously Intoxicated” is unlawful. (An obviously intoxicated person is displaying impaired coordination, impaired physical dysfunction and appears to be obviously intoxicated to a reasonable person).
• Arizona law states that an intoxicated person may not remain on the premises for more than thirty minutes.

Types of Liquor Licenses

* On-sale license with off-sale privileges.

Arizona Laws Regarding Age:

• A person must be at least 21 years old to consume alcohol.
• A person under 21 years old may not purchase, possess or consume alcohol.
• A person must be at least 21 years old to deliver alcohol for a business licensed for off-sale delivery.
• A person may bus tables at the age of 16 as long as they are under the direct supervision of a person that is at least 19 years old.
• A person may stock, sell and pour alcohol as long as they are at least 19 years old.
• A minor may be in a establishment licensed primarily to sell alcohol for on-site consumption if:
  • The minor is an employee of the business (the minor is still prohibited from consuming, purchasing or possessing alcohol).
  • The minor is accompanied by a spouse, parent or legal guardian that is 21 years of age or older.

• Arizona laws dictate that a seller of alcohol will be deemed to have constructive knowledge of a person’s age if they fail to ask for and/or check for proper identification.
• A licensee or employee must request identification from any purchaser of alcohol who is suspected to be a minor.
• Minimum $500 fine for permitting a minor to remain in an establishment licensed primarily to sell alcohol for on-site consumption.
• Fine of $250 plus 30-day driver’s license suspension for failure to check for proper identification.

Recording Identification in Arizona:

• The following are acceptable forms of identification in Arizona.
  • Military identification card
  • Passport
  • Drivers License or Identification issued by any state, Canada, Mexico or United States Territory.
  • Mexican voter ID or border crossing card (must contain picture)
  • A valid employment authorization card containing a picture and date of birth issued by the U.S. Department of Justice, Immigration and Notarization service

• Licensee to maintain “Identification Registration” booklet, form(s) or register.
• Licensee and employees serving/selling alcohol record a written registration as legal proof that the server/seller of alcohol has checked for proper identification. (Should not serve customers providing identification that is suspected to be fake, counterfeit or not valid).

• By not recording identification, the licensee and employee serving/selling alcohol is presumed to have constructive knowledge that the purchaser is not a minor.
• The Identification Register may protect the licensee and employee in case the person purchasing alcohol was in fact a minor and had provided identification that appeared valid but was in fact false.
• Use of ID readers that record information with retrieval capabilities is an acceptable means of recording identification. (Licensee to print documents containing information recorded and keep these records). Licensee must also receive a signature from any person the licensee may suspect is presenting questionable identification.

Arizona Laws Concerning the Sale of Tobacco Products:

• It is unlawful to sell tobacco products to any person under the age of 18 years old.
• FDA regulations require a seller of tobacco products to card anyone who appears to be under the age of 27 years old.
• Businesses providing tobacco vending machines are to place these machines in a location where they can be monitored.
• The fine for selling tobacco products to a person under the age of 18 years old is not more than $300 for the seller and not more than $1000 for the business.

Arizona Laws Concerning Acts of Violence:

·         It is illegal to sell or provide alcohol to a “Disorderly Person”. It is also illegal to allow a “Disorderly Person” to remain on the premises.

·         If any violent act takes place in or around a licensed establishment, law enforcement MUST be informed. In case law enforcement is not contacted, the licensee must inform the DLLC of the incident in writing no later than seven days following the incident.

·         Administrative actions may include license suspension, revocation and/or fines for a licensee where two or more acts of violence occur within seven days, three or more in any 30-day period or any unusually high level of violent activity as deemed by the Director of the Department of Liquor.

Arizona Laws Regarding Employee Consumption and Purchases:

• If is unlawful for any employee engaged in the service of customers to:
  • Purchase and/or consume alcohol while on duty
  • Purchase alcoholic beverages for individuals
  • Give away alcohol
  • Loan money to individuals to be used for the purchase of alcohol
  • Accept alcohol as a gift
• It is unlawful for a licensee to consume alcohol while acting in the capacity of a server/waiter and serving customers.
• No persons, including a licensee and employees, may remain on the premises while intoxicated.
• Unpaid Volunteers who are actual or bona fide members of Private Clubs (series 14 private clubs only) that are not waiting on or serving customers may purchase and consume alcohol during events or functions.

Firearms in Arizona:

• It is unlawful for any person, other than a Peace Officer, an employee with the permission of the licensee, or the licensee, to carry a firearm in an on-sale licensed establishment. (Includes a concealed weapon even if the person has a permit to carry such weapon).
• No employee or licensee may “check” or “hold on to” a customer’s firearm.
• It is unlawful to serve/sell alcohol to a person who is in possession of a firearm or to allow a person in possession of a firearm to remain on the premises.

Additional Notes:

Front Entrance Lock - An on-sale licensed establishment may not lock the front entrance until all persons other than the licensee and employees have left the premises. If only one employee is on duty, another person is allowed to remain with the employee. No alcohol may be consumed while the front entrance is locked.

Legal Sale Limits - No licensee may conduct drinking contests, sell an unlimited supply of alcoholic beverages at a fixed price for a certain period of time, or sell to one person at one time more that 32 ounces of beer, four ounces of distilled spirits, one liter of wine and may not advertise any of these.

Gambling - Gambling is illegal in any licensed establishment (gambling is any game of chance that requires no skill). The DLLC does not regulate games that require skill including darts, pool, shuffleboard, foosball, etc. for the purposes of tournaments that are run by the establishment. Raffles are not legal except in establishments possessing #14(private club) and #15(special event) liquor licenses.

Wine and Food Club - A wine and food club must have a minimum of twenty members that each pay a minimum of six dollars each in annual dues and must have been in existence for a minimum of one year. Wine and Food Clubs are the only licensees allowed by the DLLC to let persons bring in their own alcoholic beverages for on-site consumption (there must be a purchased meal served and there must be at least seven members in attendance).

Management Agreement - A licensee must designate a person (may designate him/herself) as the acting manager of the premises. The manager is responsible and has the authority for all day-to-day activities and to operate the licensed premises (this may be on a full-time or temporary basis). If the manager is someone other than the licensee, the manager must have a written agreement and fingerprints on file at the Arizona Department of Liquor Licenses and Control.

Credit - It is unlawful to purchase alcohol on credit unless it is with an approved credit card (ex: Visa, MC, ect). Exception: Hotel and Motel guests may purchase alcohol and alcoholic beverages and have the charges put onto their room bill. Also, Private Clubs are allowed to bill bona fide members for alcohol and alcoholic beverage purchases.

Entertainment - Arizona Department of Liquor Licenses and Control regulates live entertainment. A licensee needs to be aware of exactly what is allowed and of any restrictions that may be in place for the establishment.

Warning Signs - Arizona laws require a licensee to post “Fetal Alcohol” signs behind a bar or within twenty feet of each cash register where alcohol sales are conducted.

These signs must read: “Warning: Drinking alcoholic beverages including distilled spirits, beer coolers, and wine during pregnancy can cause birth defects.”

Employee Records - On-sale licensees must maintain records (including at minimum the employee’s full name, birth date, place of birth, address and responsibilities) for all employees for a minimum of two years and must be made readily available for any Peace Officer or Investigator of the Arizona Department of Liquor Licenses and Control.

Definitions:

Obviously Intoxicated - Inebriated to such an extent that a persons physical faculties are substantially impaired and the impairment is shown by significant uncoordinated physical action or significant physical dysfunction that would have been obvious to a reasonable person.

Act of Violence - An incident consisting of a riot, brawl or disturbance, in which bodily injuries are sustained by any person and such injury could be obvious to a reasonable person, or tumultuous conduct of sufficient intensity to require the intervention of a peace officer to restore normal order; or any incident in which a weapon is brandished, displayed or used.

ARIZONA DRAM SHOP LAW

4-301. Liability limitation; social host

A person other than a licensee or an employee of a licensee acting during the employee's working hours or in connection with such employment is not liable in damages to any person who is injured, or to the survivors of any person kiled, or for damage to property, which is alleged to have been caused in whole or in part by reason of the furnishing or serving of spirituous liquor to a person of the legal drinking age. 

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 if a court or jury finds 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, and

2.  The purchaser consumed the spirituous liquor sold by the licensee, and

3.  The consumption of spirituous liquor was a proximate cause of the injury, death or property damage.

B.  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 reputable presumption that the underage person consumed the spirituous liquor sold to such person by the licensee.

C.  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. 

4-312. Liability limitation

A.  A licensee is not liable in damages to any consumer or purchaser of spirituous liquor over the legal drinking age who is injured or whose property is damaged, or to survivors of such a person, if the injury or damage is alleged to have been caused in whole or in part by reason of the sale, furnishing or serving of spirituous liquor to that person. A licensee is not liable in damages to any other adult person who is injured or whose property is damaged, or to the survivors of such a person, who was present with the person who consumed the spirituous liquor at the time the spirituous liquor was consumed and who knew of the impaired condition of the person, if the injury or damage is alleged to have been caused in whole or in part by reason of the sale, furnishing or serving of spirituous liquor.

B.  Subject to the provisions of subsection A of this section and except as provided in section 4-311, a person, firm, corporation or licensee is not liable in damages to any person who is injured, or to the survivors of any person killed, or for damage to property which is alleged to have been caused in whole or in part by reason of the sale, furnishing or serving of spirituous liquor.