February 2022 

Legislative Update ~ 1ST Quarter 2022


                                                    

Founded 1936 | 2020



From the Arizona Licensed Beverage Association (ALBA)

Got a Question?

Please don’t hesitate to contact us if you have any questions or comments.

customersercive@albainc.org (602) 285-1092

As always, the Legislature has been busy on many matters. The Legislature went into session in January and has considered nearly 2000 bills. Several of those bills directly relate to the liquor industry, including the near-annual omnibus bill. ALBA is taking the lead in advancing the interests of individual Arizona retailers. HB 2660, the “omnibus bill”, contains (or is being amended to contain) the following pro-retail licensee provisions: 

     1) Permitting a licensee to remove a person from the premises who is harming or threatening to harm another person or who is damaging the premises or threatening to disrupt or damage the premises. The action taken must be “necessary“ and “reasonable“ 

     2) With respect to cocktails to go, permits a series 6 or 9 licensee to decline being designated a “lease“, but the restaurant who has been matched with that license for their own “to-go” privileges, will still pay $2500 per year for the privilege; the payments from that category of licensee will go into a pool and be distributed proportionately to the series 6 and 9 licensees who have participated in the “to-go“ lease program. 

     3) Permitting a shopping center, and other commercial premises, to have extended premises to create a “promenade“ authority for their licensees within the shopping center or commercial property. A plan that provides for security (camera, cording, security guard, barricade, etc.) must demonstrate the premises are to be controlled. Before the application is filed with the DLLC, the application must be filed 60 days in advance with the applicable city or county; the city or county is to make recommendations to the DLLC. These would be “alternative premises“ used on regular occasions, or on special occasions by the licensee, approved in advance. 

     4) Permit individual on sale licensee to also have alternative extended premises, approved in advance by the DLLC. The extended premises would not require a special event permit, and would be able to be used by the licensee on a regular basis, or on a special basis for NCAA tournaments, NFL games, Cinco de Mayo, St. Patrick’s Day, etc. Similar to the shopping center authority, an application would be filed first with the city or county, which would make recommendations to the DLLC. The application with the city would be required to be filed at least 60 days prior to filing the application with the DLLC. The city could recommend, and the DLLC could require, cordons, security guards, cameras, barricades, and other strategies to enable the licensee to control the premises. 

     5) Authorize the Governor to issue an executive order to extend closing time to 3 a.m., for one day per event in connection with National championship sporting events held in Arizona. Sporting events would be limited to National championship professional or college games. This would include the Super Bowl, the Final Four, World Series game, etc. 

     6) Eliminating the prohibition of locating a series 6, 7 or 9 license within 300 feet of a church. 

The bill has cleared the House Commerce Committee and is scheduled to be heard this week on the House floor. Assuming that it will pass then, it will be sent to the Arizona Senate for consideration. 

ALBA is working hard to protect the rights of individuals licensees, and to expand their opportunities to provide hospitality to the public.

 Respectfully,


Don Isaacson
ISAACSON LAW FIRM, P.C.