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Welcome. DLLC update New liquor laws - omnibus bill (SB 1937) New liquor rules New online sampling event registration. Today’s Discussion. Education Prevention Enforcement. Active Liquor Licenses. TODAY: 11,906 5-YEARS AGO: 10,928. License Series Growth. 5-years Ago Today

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Presentation Transcript
slide2
DLLC update

New liquor laws - omnibus bill (SB 1937)

New liquor rules

New online sampling event registration

Today’s Discussion

slide4

Active Liquor Licenses

TODAY: 11,906

5-YEARS AGO: 10,928

slide5

License Series Growth

5-years AgoToday

Restaurants 3,118 3,354

Wineries 36 87

Microbreweries 31 69

Special Events 1,362 2,500 (est)

slide6

The Omnibus Bill

Laws become effective

July 24, 2014

Arizona

S.B.

1397

slide7

A.R.S. § 4-101

Definitions

  • “craft distiller”
  • Removed the word “domestic” from “farm winery” and “microbrewery” licenses
slide8

A.R.S. § 4-112

Powers & Duties…

  • allows the Department of Liquor to continue to charge for fingerprint services
slide9

A.R.S. § 4-201.01

Extending Time Limits

  • allows the extension of time limits for good cause
slide10

A.R.S. § 4-203

Licenses: issuance, transfer, reversion

  • allows the “replacement” of a transferable license at a location that was previously licensed
  • allows a restaurant license to replace a hotel/motel license
slide11

A.R.S. § 4-203.01

Interim permit: fee: rules

  • permits an interim permit to be issued during the replacement of a hotel/motel license with a restaurant license
slide12

A.R.S. § 4-203.02

Special event license

slide13

A.R.S. § 4-203.02

Special event license

  • requires local government approval when:
    • a special event is held at an unlicensed location or
    • at a location not fully within a licensed premises
  • does not require local government approval when a special event occurs fully within a licensed premise

- illustration -

slide14

A.R.S. § 4-203.02(B) & (C)

Special Eventson licensed premiseson part of a licensed premises

slide15

A.R.S. § 4-203.02

Special event license

  • limits unlicensed premises to 12 special events per calendar year and
  • allows an unlimited number of special events at locations controlled by the U.S., Arizona or a city, town or county and
  • requires special events applications to be submitted to DLLC at least 10 days before the scheduled event

- illustration -

slide16

A.R.S. § 4-203.02(D)

Special event – unlicensed premises

slide17

A.R.S. § 4-203.02

Special event license: rules

  • allows wine festival and craft distiller festival licenses to be stacked with special event licenses and
  • a wine festival location must be specifically diagramed
  • possession of liquor purchased at the wine or craft distiller fair/festival is permitted. (Despite A.R.S. § 4-244.13 & 19.) - illustration -
slide18

A.R.S. § 4-203.02(D)

Special event – unlicensed premises

Special Event Premises

Craft Distillery

Festival

Wine Festival

Wine Festival

slide19

A.R.S. § 4-203.02

Special event license

  • a special event licensees may purchase liquor from:
    • a licensed wholesaler or
    • an off-premise licensed retailer, and
  • permits applicant to receive spirituous liquor from wholesaler, farm winery, or micro-brewery, or producer as a donation
  • the requirement that the billing invoice be in the name of the off-sale retailer is no longer required
slide20

A.R.S. § 4-203.02

Special event license

slide21

A.R.S. § 4-203.03

Wine festival/fair license: fee

  • afarm winery, in- and out-of-state, may be issued 50 wine festival licenses per calendar year
  • are allowed up to 150 calendar days per year per winery
  • $15 per day
slide22

A.R.S. § 4-203.04

Direct Shipment License

  • requires common carriers to keep records of liquor shipped to persons in the state
  • upon request, the shipper must provide the records to the Department of Liquor
slide23

A.R.S. § 4-205.02

Restaurant license

  • continues a fee for site inspections
slide25

A.R.S. § 4-205.04(A) & (B)

Farm winery license

  • changes annual reporting to a “calendar” year, for farm wineries
  • requires a farm winery that produces more than 40,000 gallons of wine per year to
    • apply for a producer license (series 1 or 2) and
    • surrender its farm winery license (series 13 or 2W)
slide26

A.R.S. § 4-205.04(C)

Farm winery license - defined

  • requires a farm winery:
    • to hold a winery permit issued by the TTB OR
    • produce and manufacturer wines from grapes grown on at least five producing acres of land owned or controlled by the applicant, AND
    • the land has been devoted to grow fruit for at least 3 consecutive calendar years
slide27

A.R.S. § 4-205.04

Two Farm Winery Categories

Determined by annual production:

200 – 40,000

less than 20,000 gallons

Each production limit has different privileges

slide28

A.R.S. § 4-205.04

200 – 40,000 gallons per year

  • May:
  • make sales & deliveries to wholesalers
  • serve wine produced on the premises for sampling
  • sell to consumers physically present
  • may sell another farm winery’s product not to exceed 20% of total sales
slide29

A.R.S. § 4-205.04

less than 20,000 gallons per year

  • May also:
  • make sales & deliveries to retailers (self distribute)
  • purchase & accept deliveries from retailers
  • deliver and accept orders by phone, mail, fax, catalogue or Internet (not to licensed retailers)
slide30

A.R.S. § 4-205.04(C)

Farm winery license200 – 40,000 gallon privileges

  • farm winery may purchase and sell wine for consumption on and off the premises if
    • the consumer is physically present
    • the sale of wine produced by other wineries does not exceed 20% of total sales
slide31

A.R.S. § 4-205.04(C)

Farm winery license - stacking

  • a farm winery may
    • no longer stack beer and wine bar (series 7) or beer and wine store (series 10) licenses
    • stack with a restaurant (series 12) license
slide33

Alternating Proprietorships

Tenants may share the cost of purchasing or renting equipment at a licensed farm winery. Each tenant has a farm winery (series 13 or 2W) license and sells the finished wine product at their license location.

slide34

A.R.S. § 4-205.04(D)

Farm winery licenseAlternating Proprietorship

  • permits “alternating proprietorships” if approved by TTB and
  • Defines “alternating proprietorships”
slide37

A.R.S. § 4-205.04(E)

Farm winery licenseCustom Crush

  • Permits “custom crush” arrangements if
    • approved by TTB
    • requires a farm winery license
    • requires annual production reporting to the Department of Liquor (custom crush only)
slide39

A.R.S. § 4-205.04(F)

Farm winery licenseRemote Tasting Room

  • allows farm wineries to operate up to two remote tasting and retail premises if:
slide40

A.R.S. § 4-205.04(F)

Farm winery licenseRemote Tasting Room

  • wine is produced or manufactured by the winery or other farm wineries
    • may sell to customers physically present
      • but no more than 20% of the total sales by volume for wine not produced or manufactured by the farm winery
    • this is a retail location, no in-bond wine
    • must follow the 300 foot law
slide41

A.R.S. § 4-205.04(F)

Farm winery licenseRemote Tasting Room

  • The farm winery is:
    • Obtains local governing body approval first
    • Responsible for the premises
    • Does not sublease the premises
    • Has a qualified agent who is a natural person
    • Meets licensing qualifications A.R.S. § 4-203(A)
slide42

A.R.S. § 4-205.04(G)

Farm winery licenseWith Craft Distiller License

  • permits a farm winery to hold a craft distiller license
    • the craft distiller may only produce 1,000 gallons in a calendar year from fruit processed at the winery
    • the farm winery may provide sampling and sales of distilled spirits for on and off premise consumption on the same premises as the wine sampling and retail sales (on-sale and off-sale)
slide43

A.R.S. § 4-205.04(L)Farm winery license- fees

  • permits a fee for
      • alternating proprietorships
      • custom crush arrangements
      • remote tasting rooms
slide44

A.R.S. § 4-205.05Dispose of liquor - auction

  • permits disposal of seized liquor by public auction
  • authorizes a qualified person to recycle liquor
slide45

A.R.S. § 4-205.08Microbrewery license

  • permits self-distribution of beer up to 93,000 gallons annually

(This means 93,000 gallons per year per microbrewery, not per retailer.)

craft distillery license
Craft Distillery License

Series 18 License

slide47

A.R.S. § 4-205.10Craft Distiller license

  • permits issuance of a craft distiller’s license which
    • may not be transferred
    • may not hold a producer’s license
    • limits production to 20,000 gallons of distilled spirituous per calendar year
slide48

A.R.S. § 4-205.10Craft Distiller license

  • requires
    • annual reporting
    • when production exceeds 20,000 gallons, the licensee must apply for a producer’s license and surrender the craft distiller’s license
slide49

A.R.S. § 4-205.10(C)(1) - (3)Craft Distiller license – sales & delivery

  • sales and deliveries are subject to the following:
    • to wholesalers
    • consumption on premise and may charge for samples
    • off premise consumption to consumers physically present
slide50

A.R.S. § 4-205.10(C)(4)

Craft Distiller license – sales & delivery

  • sales and deliveries are subject to the following:
    • sale of product from other craft distillers may not exceed 20% of the total sales
    • make deliveries of distilled spirits to retail licensed premises not to exceed 1,189 gallons
slide51

A.R.S. § 4-205.10(C)(4)Craft Distiller license – stacking

  • may hold either one bar (6) or restaurant (12) license on or adjacent to the licensed craft distiller’s premises
slide52

A.R.S. § 4-205.10(C)(6) & (7)Craft Distiller license

  • Authorizes on and off sale retailers to purchase spirituous liquor from a craft distiller licensee; and
  • Authorizes sales to-go and delivery if ordered by phone, mail, fax, catalog, internet or other means.
slide53

A.R.S. § 4-205.10(D)(1)Craft Distiller – remote tasting room

allows one remote tasting and retail premises, if:

  • sales are limited to liquor produced by the craft distiller or another licensed craft distillery
  • liquor in the original container is sold for on- or off premise consumption to consumers physically present
    • liquor manufactured by other craft distillers doesn’t exceed 20% of total sales; and
slide54

A.R.S. § 4-205.10(D)(2)Craft Distiller – remote tasting room

  • The Craft distiller licensee:
    • Obtains approval of the premises from the local governing body before submitting an application to the Department of Liquor;
    • Is responsible for premises;
    • Does not sublease the premises;
    • Has an agent who is a natural person and meeting licensure qualifications; and
    • Meets the qualifications for licensure A.R.S. § 4-203(A)
slide55

A.R.S. § 4-205.10(E)Craft Distiller – delivery requirements

  • A craft distiller is liable for violations of liquor laws and
  • Is subject to the delivery requirements of A.R.S. § 4-203.J and
  • the act of an employee selling or delivering is an act of the licensee for purposes of A.R.S. § 4-210.A.9.
slide56

A.R.S. § 4-205.10(J)Craft Distiller – stacking

  • may be stacked with a farm winery license (A.R.S. § 4-205.04).
slide57

A.R.S. § 4-205.11Craft Distiller Fair/Festival

  • authorizes
    • 25 craft distillery festival licenses each calendar year
    • for a total of 75 calendar days, per craft distillery and
    • sampling and sales for off and on premise consumption,
    • $15 per day
slide58

A.R.S. § 4-205.11Craft Distiller Fair/Festival

  • sample on the fair premises and sell for on or off premise consumption with permission of state or county fair organizers .
  • exempts craft distillery festival licenses from A.R.S. § 4-201 posting, protest, hearing, etc. requirements.
slide60

A.R.S. § 4-206.01(B)Reissued reverted licenses

  • allows the reissuance of lottery licenses that have been reverted or revoked after July 1, 2014.
slide61

A.R.S. § 4-207Transferrable license changes

  • eliminates the fence requirement for a golf course within 300 horizontal feet of a school or church.
  • clarifies that a person-to-person transfer previously issued within 300 horizontal feet is permitted.
  • permits the “replacement of a transferable license” with the same series.
slide62

A.R.S. § 4-210Grounds for Revocation

  • to suspend revoke or refuse to renew a license, as follows:
    • added “any person” in addition to customer.
    • serious act of violence includes riot, brawl or disturbance were a serious injury causes death or critical injury and such injuries would be obvious to a reasonable person.
    • licensee fails to report a serious act of violence defined similar to subparagraph 14.
slide63

A.R.S. § 4-222Registration of Retail Agents; fees

  • requires delivery to a retail agent to be at the retail agent’s licensed premise or other authorized location
slide64

A.R.S. § 4-226Exemptions

  • liquor that contains marijuana is not allowed for medicinal purposes
  • allows beer produced for personal or family use that is not for sale to be removed from the premises and exhibited at organized affairs, exhibits or competitions such as home brewers’ contests and judging
slide65

A.R.S. § 4-227.01Channel Pricing

  • authorizes wholesalers use of channel pricing to sell its product to on sale licensees at a different price that it sells its product to off sale licensees and
  • discounts must be based upon volume,
  • delivered within 24 hours and
  • made equally available to each retailer in the retailers’ channel.
slide66

A.R.S. § 4-227.01Channel Pricing

  • defines “product” to mean
    • a singular brand of liquor in a designated size or
    • a mix of brands and containers sold on a combined basis
slide67

A.R.S. § 4-227.01Co-ops

Registered Retail Agent

Qualified Retail Cooperatives

  • holds a bar, beer and wine bar, liquor store, beer and wine store, club, hotel‑motel or restaurant license
  • similarly licensed retailers (on-sale with on-sale, off-sale with off-sale)
  • Pays for all product
  • PRICES ESTABLISHED BY THE QUANTITY
  • At least 2 retail licenses
  • Spirituous liquor in a designated size container or a mix of brands and containers when sold on a combined basis established by the wholesaler THAT is offered on quantity discount terms established by the wholesaler
slide68

A.R.S. § 4-227.01Co-ops

  • All members get a copy of co-op permit
  • Product not available for return
  • Provide a copy of the original invoice to all members
  • Charge the price to members that the wholesaler charged them
slide70

A.R.S. § 4-229Handguns

  • deletes the requirement that a person have a concealed carry permit to carry a concealed handgun on licensed premises.
slide71

A.R.S. § 4-241(K)Selling to underage

  • Amended to include as acceptable IDs:
    • the District of Columbia (Washington D.C.),
    • any territory of the U.S. if the license has a picture and the person’s date of birth.
    • A driver’s license issued “under age 21” is no longer acceptable 30 days after the person turns 21 years of age. Applies to any driver license or ID card, not just Arizona.
slide72

A.R.S. § 4-241(K)Acceptable IDs

  • Limits as a valid ID unexpired non-operating license to 30 day after the person turns 21 years of age
  • Allows an unexpired armed forces ID card that includes picture and date of birth
  • Deletes border crossing identification and Mexican voter ID
  • adds valid unexpired resident alien card to acceptable ID
slide73

Courtesy of Arizona

Business Council for Alcohol Education.

slide74

A.R.S. § 4-243Commercial Coercion & Bribery

  • requires 10 day notice to be given to the Department of Liquor by the producer or wholesale prior to a sampling event
  • sampling to 72 oz. of beer and 2 oz. of distilled spirituous per person, per day for consumption off premises (not wine)
  • limits the wholesaler or producer to 12 sampling events in any calendar year per approved off-sale retail location
slide75

A.R.S. § 4-243Commercial Coercion & Bribery

  • holds a retailer responsible for “requesting” OR“receiving” something of value
slide76

A.R.S. § 4-244Growlers

  • allows a growler to be made of any material approved by the National Sanitation Organization (ceramic, metal, plastic, etc.)
slide77

A.R.S. § 42-3356Farm Winery Qualifications & Stacking

  • grandfathers farm wineries that are licensed presently but do not qualify under the new statutory requirements to continue to operate until January 1, 2019
slide78

A.R.S. § 42-3356Farm Winery Qualifications & Stacking

  • allows series 13s that are currently stacked with series 7 and 10 licenses to continue at that location
slide79

Rules

Rules

Rules became effective

July 7, 2014

A.A.C.

Title

19

slide80

A.A.C. R19-1-302Knowledge of Liquor Law

  • Licensee’s responsibility
  • Any employee who serves, sells, or furnishes spirituous liquor to a retail customer
slide81

A.A.C. R19-1-110Sign Limitations

  • do not exceed $400
  • may not be utilitarian
    • no information about retailer or location
    • no directional or business information
a a c r19 1 210
A.A.C. R19-1-210

(A)(1)

Example of “bears conspicuous and substantial advertising about the product”.

a a c r19 1 320 practices permitted by producer or wholesaler
A.A.C. R19-1-320Practices Permitted by Producer or Wholesaler
  • Special event participation
    • once application submitted for approval
      • sponsorship may include sign and advertising packages
      • no items of value left with licensee after event
      • all event monies go to the licensee
a a c r19 1 320 practices permitted by producer or wholesaler1
A.A.C. R19-1-320Practices Permitted by Producer or Wholesaler
  • Providing items to customers
    • given directly to the customer
      • if under $5, unlimited number
      • if over $5, limited to $100 per day
a a c r19 1 320 practices permitted by producer or wholesaler2
A.A.C. R19-1-320Practices Permitted by Producer or Wholesaler
  • Sponsoring a Sporting event
    • permanent occupancy over 1,000
    • primarily used as live sporting event
    • sponsorship means signs and advertising
    • Nationally recognized sporting event
  • Sponsoring a Golf Tournament
    • benefits unlicensed organization
    • all monies paid to unlicensed organization
slide93

Restaurant has the NFL package for customers to view occupancy of restaurant and patio is 1000 people?

slide94

Sports Bar has a permanent occupancy of 500

Temporary extension brings total occupancy to 1005

a a c r19 1 320 practices permitted by producer or wholesaler3
A.A.C. R19-1-320Practices Permitted by Producer or Wholesaler
  • Sponsoring a Concert
    • permanent occupancy over 1,000
    • primary use as concert or live sporting event venue
    • sponsorship includes sign and advertising packages
    • no items of value left with retailer after concert
live concert definition
Live Concert Definition

A live event with pre-sold tickets for a musical, vocal, theatrical, or comedic performance at the licensed premises or a live musical, vocal, theatrical, or comedic performance at the licensed premises that is not open to the public.

slide97

Restaurant used 365 days a year with occupancy of 300

Concert Venue used once a week with occupancy of 701

Even though the entire establishment is licensed under the same license it isn’t primarily used as a concert venue

a a c r19 1 320 practices permitted by producer or wholesaler4
A.A.C. R19-1-320Practices Permitted by Producer or Wholesaler
  • Participating in a trade show or convention
    • must be a trade association
    • must have 5 or more licensees with no common ownership in the association
    • sampling, advertising, and event sponsorship allowed
    • If signs are used, must be removed the following day
a a c r19 1 320 practices permitted by producer or wholesaler5
A.A.C. R19-1-320Practices Permitted by Producer or Wholesaler
  • Participation in educational seminar
    • must be a licensed premises
    • content substantial about liquor
    • cannot pay lodging or transportation
    • cannot pay retailer’s expenses
    • may provide meal and snacks or nominal value
a a c r19 1 320 practices permitted by producer or wholesaler6
A.A.C. R19-1-320Practices Permitted by Producer or Wholesaler
  • Furnish printed menu
    • fair market value within limit under 4-243
    • no utilitarian value
    • conspicuously bears name of product, producer or wholesaler
a a c r19 1 320 practices permitted by producer or wholesaler7
A.A.C. R19-1-320Practices Permitted by Producer or Wholesaler
  • Coupons
    • for locations with off-sale privileges
    • cannot be retailer-specific or offered to only one retailer
    • number of coupons match inventory of qualifying product
a a c r19 1 320 practices permitted by producer or wholesaler8
A.A.C. R19-1-320Practices Permitted by Producer or Wholesaler
  • Entertaining a retailer
    • meals, beverages, event tickets, and ground transportation
      • must accompany retailer
      • cost is deductible under IRS code
a a c r19 1 321 practices permitted by a wholesaler
A.A.C. R19-1-321Practices Permitted by a Wholesaler
  • Providing stocking services
    • cannot touch product of another wholesaler
    • only in point-of-sale and cold box where consumer may purchase product
    • may move from designated delivery to storage areas
    • can rotate, clean and prepare product in point-of-sale area
slide105

A.A.C. R19-1-321Practices Permitted by a Wholesaler

  • Providing reset services
    • cannot disturb product of another wholesaler
    • only in point-of-sale and cold box where consumer may purchase product
    • two-working days notice from retailer
    • cannot be done more than once per year if it involves substantial reconfiguration
slide106

A.A.C. R19-1-321Practices Permitted by a Wholesaler

  • Accepting returned product
    • if business closes for at least 30-days wholesaler may exchange beer and malt beverage
      • check DLLC website to confirm inactive status of license
      • restocking fees are allowed
  • With permission from the director
    • return of beer and malt beverage product may be refunded
      • no obvious over-ordering
      • no indication of consignment
slide107

A.A.C. R19-1-321Practices Permitted by a Wholesaler

  • Providing shelves, bins or racks
    • can only be loaned
    • value no more than $300
    • bears substantial advertising regarding liquor which is permanently inscribed or affixed
    • only product on shelf is the product that is advertised on the shelf (unless cross-promotion)
    • cannot be temperature controlled
off sale locations series 9 and 10 even the locations with permanent sampling
Off-Sale Locations Series 9 and 10 Even the locations with Permanent Sampling
  • Producer or Wholesaler brings the product
  • 12 samplings per Wholesaler every year at each qualifying location
  • 12 samplings per Producer every year at each qualifying location
  • Must notify DLLC 10 days prior to event
  • Only one Wholesaler or Producer each day
  • Limited to 3oz beer,1 1/2oz wine or 1oz distilled per person per day
  • Limited to 3 hours
  • Product must come from Wholesaler
  • Designate area and secure it
  • No benefits for retailer
slide111

Grocery Store

Liquor area

Sample area

9 and 10 v s 9s and 10s
9 and 10 vs. 9S and 10S

9 and 10

9S and 10S

Product comes from store stock

Can have sampling anytime they want from their stock

Producer / Wholesaler can be present

Can still have 12 free from Producers and Wholesalers

  • Product comes from Wholesaler
  • Can only have 12 per Wholesaler and Producer each calendar year
  • Wholesaler or Producer must request and receive permission from DLLC 10 days early
store with 9 or10 with a 7 stacked
Store with 9 or10 with a 7 “stacked”

Sampling for 9

Sampling for 7

DLLC not notified

Consumer present

Conducted by Wholesaler or Producer

12oz beer, 6oz wine or 2oz spirits (per person per brand)

No benefits to retailer

  • Product comes from Wholesaler
  • DLLC notified 10 days prior
  • Limited to 3oz beer,1 1/2oz wine or 1oz distilled per person per day
slide115

Grocery Store with Series 9 or 10

Liquor area

Beer and Wine Bar

slide117
Craig Miller

Office: (602) 542-9041

Cell: (928) 200-1889

[email protected]

www.azliquor.gov

D.L.L.C. - Title 4 Training

producer wholesaler authorization code
Producer/Wholesaler Authorization Code

Authorization Code

2

4

6

8

10

12

1

3

5

7

9

11

www azliquor gov sampling addsponsorcontact cfm
www.azliquor.gov/sampling/AddSponsorContact.cfm

Producer/Wholesaler Authorization Code

www azliquor gov sampling addlocationcontact cfm
www.azliquor.gov/sampling/AddLocationContact.cfm

Retail Location Authorization Codes

www azliquor gov
www.azliquor.gov

Link To Online Sampling Sign-on

link

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