4-203

4-203. Licenses; issuance; transfer; reversion
to state

A. A spirituous liquor license shall be issued only after satisfactory showing of
the capability, qualifications and reliability of the applicant and, with the exception
of club licensees, that the public convenience requires and that the best interest of the
community will be substantially served by the issuance.

B. The license shall be to manufacture, sell or deal in spirituous liquors only at
the place and in the manner provided in the license. A separate license shall be issued
for each specific business, and each shall specify:

1. The particular spirituous liquors which the licensee is authorized to
manufacture, sell or deal in.

2. The place of business for which issued.

3. The purpose for which the liquors may be manufactured or sold.

C. A spirituous liquor license issued to a bar, a liquor store or a beer and wine
bar shall be transferable as to any permitted location within the same county, provided
such transfer meets the requirements of an original application. Such spirituous liquor
license may be transferred to a person qualified to be a licensee, provided such transfer
is pursuant to either judicial decree, nonjudicial foreclosure of a legal or equitable
lien, a bona fide bulk sale of the entire business and stock in trade, or such other bona
fide transactions as may be provided for by rule. Any change in ownership of the business
of a licensee, directly or indirectly, as defined by rule is deemed a transfer.

D. All applications for a new license pursuant to section 4-201 or for a transfer
to a new location pursuant to subsection C of this section shall be filed with and
determined by the director, except when the governing body of the city or town or the
board of supervisors receiving such application pursuant to section 4-201 orders
disapproval of such application or makes no recommendation or when the director, the
state liquor board or any aggrieved party requests a hearing. Such application shall then
be presented to the state liquor board, and the new license or transfer shall not become
effective unless approved by the state liquor board.

E. A person who assigns, surrenders, transfers or sells control of a business which
has a spirituous liquor license shall notify the director within fifteen business days
after the assignment, surrender, transfer or sale. No spirituous liquor license shall be
leased or subleased. A concession agreement entered into under section 4-205.03 is not
considered a lease or sublease in violation of this section.

F. If a person other than those persons originally licensed acquires control over a
license or licensee, the person shall file notice of the acquisition with the director
within fifteen business days after such acquisition of control and a list of officers,
directors or other controlling persons on a form prescribed by the director. All
officers, directors or other controlling persons shall meet the qualifications for
licensure as prescribed by this title. On request, the director shall conduct a
preinvestigation prior to the assignment, sale or transfer of control of a license or
licensee, the reasonable costs of which, not to exceed one thousand dollars, shall be
borne by the applicant. The preinvestigation shall determine whether the qualifications
for licensure as prescribed by this title are met. On receipt of notice of an acquisition
of control or request of a preinvestigation, the director shall forward the notice within
fifteen days to the local governing body of the city or town, if the licensed premises is
in an incorporated area, or the county, if the licensed premises is in an unincorporated
area. The local governing body of the city, town or county may protest the acquisition of
control within sixty days based on the capability, reliability and qualification of the
person acquiring control. If the director does not receive any protests, the director
may protest the acquisition of control or approve the acquisition of control based on the
capability, reliability and qualification of the person acquiring control. Any protest
shall be set for a hearing before the board. Any transfer shall be approved or
disapproved within one hundred five days of the filing of the notice of acquisition and
control. The person who has acquired control of a license or licensee has the burden of
an original application at the hearing, and the board shall make its determination
pursuant to section 4-202 and this section with respect to capability, reliability and
qualification.

G. A licensee who holds a license in nonuse status for more than five months shall
be required to pay a one hundred dollar surcharge for each month thereafter. The
surcharge shall be paid at the time the license is returned to active status. A license
automatically reverts to the state after being held in continuous nonuse in excess of
thirty-six months. The director may waive the surcharge and may extend the time period
provided in this subsection for good cause. A license shall not be deemed to have gone
into active status if the license is transferred to a location that at the time of or
immediately before the transfer had an active license of the same type, unless the
licenses are under common ownership or control.

H. A restructuring of a licensee's business is an acquisition of control pursuant
to subsection F of this section and is a transfer of a spirituous liquor license and not
the issuance of a new spirituous liquor license if both of the following apply:

1. All of the controlling persons of the licensee and the new business entity are
identical.

2. There is no change in control or beneficial ownership.

I. If subsection H of this section applies, the licensee's history of violations of
this title is the history of the new business entity. The director may prescribe a form
and shall require the applicant to provide the necessary information to ensure compliance
with this subsection and subsections F and G of this section.

J. Notwithstanding subsection B of this section, the holder of a retail license
having off-sale privileges may deliver spirituous liquor off of the licensed premises in
connection with the sale of spirituous liquor. The licensee may maintain a delivery
service and shall be liable for any violation committed in connection with any sale or
delivery of spirituous liquor, provided that such delivery is made by an employee at
least twenty-one years of age. The retail licensee shall collect payment for the price
of the spirituous liquor no later than at the time of delivery. The director shall adopt
rules that set operational limits for the delivery of spirituous liquors by the holder of
a retail license having off-sale privileges. For the purposes of this subsection, an
independent contractor or the employee of an independent contractor is deemed to be an
employee of the licensee when making a sale or delivery of spirituous liquor for the
licensee.

K. Nonretail Arizona licensees may transport spirituous liquors for themselves in
vehicles owned, leased or rented by such licensee.

L. Notwithstanding subsection B of this section, an off-sale retail licensee may
provide consumer tasting of wines off of the licensed premises.

M. The director may adopt reasonable rules to protect the public interest and
prevent abuse by licensees of the activities permitted such licensees by subsections J
and L of this section.

N. Failure to pay any surcharge prescribed by subsection G of this section or
failure to report the period of nonuse of a license shall be grounds for revocation of
the license or grounds for any other sanction provided by this title. The director may
consider extenuating circumstances if control of the license is acquired by another party
in determining whether or not to impose any sanctions under this subsection.

O. If a licensed location has not been in use for two years, the location must
requalify for a license pursuant to subsection A of this section and shall meet the same
qualifications required for issuance of a new license except when the director deems that
the nonuse of the location was due to circumstances beyond the licensee's control.

P. If the licensee's interest is forfeited pursuant to section 4-210, subsection L,
the location shall requalify for a license pursuant to subsection A of this section and
shall meet the same qualifications required for issuance of a new license except when a
bona fide lienholder demonstrates mitigation pursuant to section 4-210, subsection K.