 Who must apply
Qualifications of licensee
Application requirements
Background and disclosure requirements
Additional requirements prior to license issuance
License restrictions
Approval process
Note: Terms in BOLD CAPITALS are defined in the glossary.
1. WHO MUST APPLY
Any person intending to manufacture, sell or DEAL in spirituous liquor in the state of Arizona must apply for a spirituous liquor license.
An application for an original license or transfer of a license must be filed with the Department, along with a non-refundable fee of $100.00.
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2. QUALIFICATIONS OF LICENSEE
a. If the licensee is an individual, this person must be a U.S. citizen or a legal resident alien, and a bona fide resident of Arizona.
b. If the licensee is a general partnership, each partner must be a U.S. citizen or a legal resident alien, and a bona fide Arizona resident. The license must be held through a designated AGENT who meets the requirements of an individual licensee.
c.If the licensee is a limited partnership, a general partner is required to meet the qualifications of an individual licensee; the limited partners are not required to be Arizona residents. The license must be held through a designated agent who meets the requirements of an individual licensee.
d. If the licensee is a corporate general partnership, each corporate partner must be qualified to do business in Arizona. The license must be held through a designated agent who meets the requirements of an individual licensee.
e. If the licensee is a corporation, it must be qualified to do business in Arizona. The license must be held through a designated agent who meets the requirements of an individual licensee.
f. If the licensee is a limited liability company, it must be qualified to do business in Arizona. The license must be held through a designated agent who meets the requirements of an individual licensee.
g. If the licensee is a club, the license must be held through a designated agent who meets the requirements of an individual licensee.
h. If the licensee is a joint tenancy (j.t.w.r.o.s.), each person must meet the requirements of an individual licensee. ARS 4-202
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3.APPLICATION REQUIREMENTS
An application for an original license or transfer of a license must be filed with the Department, along with a non-refundable fee of $100.00. The application must specify the type of ownership (individual, partnership, corporation, etc.) type of license being applied for, the applicant's name, and the names of any partners. A corporation must file a list of its officers and directors and the names of any stockholders who own ten percent (10%) or more of the corporation.
Every applicant or licensee must designate a person responsible for managing the premises. This MANAGER may be the applicant or licensee or another person who meets the requirements of an individual licensee.
Every applicant, manager and CONTROLLING PERSON must complete a BACKGROUND information questionnaire and submit a set of fingerprints, along with a fingerprint card fee.
Every applicant must file floor plans and diagrams designating the physical layout of the premises.
Every applicant must file geographic data listing all churches, schools and spirituous beverage outlets within a one-half (=) mile radius of the proposed location.
All applications for a TRANSFER or INTERIM PERMIT must include a license surrender authorization signed by the current licensee and the current, valid (non-expired) license attached to the application. ARS 4-202.
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4.BACKGROUND AND DISCLOSURE REQUIREMENTS
The Department will conduct a background investigation of all applicants.
A license will not be issued to, or renewed for, any person who, within five (5) years prior to application, has been convicted of a felony (or convicted of an offense in another state that would be a felony in Arizona.)
A license will not be issued to any person who, within one (1) year prior to application, has had a license revoked.
The Department will not issue or renew a license for any person who, on the request of the DIRECTOR, fails to provide the Department with complete financial disclosure statements indicating all financial holdings of the person or any other person with an interest in the license, including all co-signees on financial holdings, land, buildings, leases or other forms of indebtedness that the applicant has incurred. ARS 4-202.
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5. ADDITIONAL REQUIREMENTS PRIOR TO LICENSE ISSUANCE
a. INTERIM PERMIT fee to continue business operations at the same location, pending approval of the application.
b. If born outside of the United States, applicant must submit Proof of Citizenship or Alien Status from one of the following:
- Certificate of Naturalization
- U.S. Passport
- Permanent Resident Alien Card
- Or other proof of legal alien residency status
c. Proof of Arizona residency (Drivers license or voter registration card.)
d. Corporate status must be verified by Arizona Corporation Commission.
e. Menu and Restaurant Operation Plan for Series 12 (Restaurant) license.
f. Menu for Series 11 (Hotel/Motel) license.
g. Recommendation from local government.
h. Payment of local government processing fees.
i. Satisfactory completion of background investigation.
j. Payment of final issuance fees.
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6.LICENSE RESTRICTIONS
a. A spirituous liquor retailer's license will not be issued for any premises which are, at the time the application is filed, within three-hundred (300) feet of a church, a school building with any grades K-12 or a fenced recreational area adjacent to a school building. This restriction does not apply to premises granted a restaurant, hotel-motel, special event, club or government license. Nor does it apply to the transfer of premises which had been operating under a previously issued valid license.
b. An application for a spirituous liquor license will not be accepted for a location which has been previously rejected until twelve (12) months after the date of the prior rejection. ARS 4-207, 4-208
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7. APPROVAL PROCESS
Upon receipt of an application for a spirituous liquor license, the Department will send two (2) copies of the application to the clerk of the city or town in which the proposed licensed premises would be located. If the proposed business is outside an incorporated city or town, the copies will be sent to the clerk of the County Board of Supervisors. If the proposed business is on a sovereign Indian reservation, the copies will be sent to the governing body of the reservation, and an "information only" copy will be forwarded to the clerk of the county Board of Supervisors for that county.
The clerk must post one (1) copy of the application on the front of the proposed licensed premises for twenty (20) days.
The appropriate governing body will hold a meeting and must either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within sixty (60) days of the filing of the application. During the time the governing body is processing the application, the Department will conduct a background check of the applicant.
If the application is approved at the appropriate government level, and no written protests have been received by the Department, and if there is no objection by the DIRECTOR, the application will be approved. This process normally takes sixty-five (65) to one-hundred five (105) days after the filing of the application.
If the governing body disapproves the application or offers a "no-recommendation", or if protests have been filed with the Department, the application must be set for a hearing before the State LIQUOR BOARD.
HEARINGS may be conducted by the board or a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in a person to person transfer an applicant need only prove his or her "capability, qualifications and reliability"; an applicant in a location to location transfer need only prove that the granting of the license is in the "best interest of the community".
The decision by the board to grant or deny an application will normally take place within one-hundred five (105) days after the application has been filed, unless the Director deems it necessary to extend the time period. ARS 4-201, 4-201.01, 4-203; Rule R19-1-102 |
