Signed by Governor Doug Ducey

Vote Smart's Synopsis:

Vote to amend and pass a bill that authorizes restaurants to continue selling to-go cocktails after food industry restrictions related to Covid-19 are lifted.

Highlights:

• Classifies “mixed cocktail” as (Sec. 1-26):

• Any drink combined at the premises of an authorized licensee that contains a spirituous liquor and that is combined with at least one other ingredient, which may include additional spirituous liquors. Fruit juice, vegetable juice, mixers, cream, flavored syrup, or other ingredients except for water, and that when combined contains more than ½ of 1% of alcohol by volume; and

• Does not include a drink sold in an original manufacturer’s packaging or any drink poured from an original manufacturer’s package without the addition of all of the cocktail’s other ingredients at the premises of the licensed bar, liquor store, or restaurant.

• Establishes a spirituous liquor license will be issued only after a satisfactory showing of the capability, qualifications, and reliability of the applicant and except for wholesaler, producer, government, or club licenses that the public convenience requires and that the best interest of the community will be substantially served by the issuance (Sec. 2.A).

• Authorizes alcoholic beverages to be sold by bars, liquor stores, and restaurants by adhering to the following protocols (Sec. 2.S):

• Bar licenses for beer, wine, distilled spirits, and mixed cocktails;

• Beer and wine bar licensees for beer and wine;

• Liquor store licensees for beer, wine, distilled spirits, and mixed cocktails;

• Beer and wine store licensees for beer and wine; and

• Restaurant licensees for any of the following:

• Mixed cocktails with the sale of menu items at a restaurant;

• Beer if the restaurant holds a permit;

• Beer, wine, and distilled spirits if the restaurant holds an off-sale privileges lease with a bar or liquor store; and

• Beer and wine if the restaurant holds an off-sale privileges lease with a beer and wine bar.

• Authorizes the Department of Liquor Licenses and Control to adopt a procedure to pay the lease amount to the lessor and may use the Department of Administration to facilitate the payments (Sec. 3-6).

• Authorizes the holder of a restaurant license to sell and serve spirituous liquors solely for consumption on the licensed premises (Sec. 5.C).

• Authorizes the director to consider as a mitigating factor or defense to a complaint against a licensee for a violation that the licensee acted reasonably, responsibly, and as expeditiously as possible by asking for intervention by a peace officer to prevent or break up a riot, a fight, an altercation or tumultuous conduct (Sec. 9.N).

• Establishes it is unlawful for a person to buy for resale, sell or deal in spirituous liquors in Arizona without first having procured a license duly issued by the board, except that the director may issue a temporary permit of any series to a trustee in bankruptcy to acquire and dispose of the spirituous liquor of a debtor (Sec. 12-1).

• Establishes it is unlawful for a licensee or employee to knowingly allow a person in possession of a firearm to serve, sell, or furnish spirituous liquor to a person in possession of a firearm while on the licensed premises of an on-sale retailer. This does not apply to the following (Sec. 12-30):

• Hotel or motel guest room accommodations;

• The exhibition or display of a firearm in conjunction with a meeting, show, class, or similar event; and

• A person with a permit who carries a concealed handgun on the licensed premises of an on-sale retailer that has not posed a notice.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes restaurants to continue selling to-go cocktails after food industry restrictions related to Covid-19 are lifted.

Highlights:

• Classifies “mixed cocktail” as (Sec. 1-26):

• Any drink combined at the premises of an authorized licensee that contains a spirituous liquor and that is combined with at least one other ingredient, which may include additional spirituous liquors. Fruit juice, vegetable juice, mixers, cream, flavored syrup, or other ingredients except for water, and that when combined contains more than ½ of 1% of alcohol by volume; and

• Does not include a drink sold in an original manufacturer’s packaging or any drink poured from an original manufacturer’s package without the addition of all of the cocktail’s other ingredients at the premises of the licensed bar, liquor store, or restaurant.

• Establishes a spirituous liquor license will be issued only after a satisfactory showing of the capability, qualifications, and reliability of the applicant and except for wholesaler, producer, government, or club licenses that the public convenience requires and that the best interest of the community will be substantially served by the issuance (Sec. 2.A).

• Authorizes alcoholic beverages to be sold by bars, liquor stores, and restaurants by adhering to the following protocols (Sec. 2.S):

• Bar licenses for beer, wine, distilled spirits, and mixed cocktails;

• Beer and wine bar licensees for beer and wine;

• Liquor store licensees for beer, wine, distilled spirits, and mixed cocktails;

• Beer and wine store licensees for beer and wine; and

• Restaurant licensees for any of the following:

• Mixed cocktails with the sale of menu items at a restaurant;

• Beer if the restaurant holds a permit;

• Beer, wine, and distilled spirits if the restaurant holds an off-sale privileges lease with a bar or liquor store; and

• Beer and wine if the restaurant holds an off-sale privileges lease with a beer and wine bar.

• Authorizes the Department of Liquor Licenses and Control to adopt a procedure to pay the lease amount to the lessor and may use the Department of Administration to facilitate the payments (Sec. 3-6).

• Authorizes the holder of a restaurant license to sell and serve spirituous liquors solely for consumption on the licensed premises (Sec. 5.C).

• Authorizes the director to consider as a mitigating factor or defense to a complaint against a licensee for a violation that the licensee acted reasonably, responsibly, and as expeditiously as possible by asking for intervention by a peace officer to prevent or break up a riot, a fight, an altercation or tumultuous conduct (Sec. 9.N).

• Establishes it is unlawful for a person to buy for resale, sell or deal in spirituous liquors in Arizona without first having procured a license duly issued by the board, except that the director may issue a temporary permit of any series to a trustee in bankruptcy to acquire and dispose of the spirituous liquor of a debtor (Sec. 12-1).

• Establishes it is unlawful for a licensee or employee to knowingly allow a person in possession of a firearm to serve, sell, or furnish spirituous liquor to a person in possession of a firearm while on the licensed premises of an on-sale retailer. This does not apply to the following (Sec. 12-30):

• Hotel or motel guest room accommodations;

• The exhibition or display of a firearm in conjunction with a meeting, show, class, or similar event; and

• A person with a permit who carries a concealed handgun on the licensed premises of an on-sale retailer that has not posed a notice.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes restaurants to continue selling to-go cocktails after food industry restrictions related to Covid-19 are lifted.