3rd-Party Promotions

Helpful Information For Producers & Wholesalers' 3rd-party Promoters

This page will cover a few areas that relate to liquor-licensed producer or wholesale promotions held on liquor-licensed retail businesses in Arizona.

Printable 3rd-Party Promoter Employee Training.

Section 1: Responsibility

It is the responsibility of the Arizona-licensed producer or wholesaler and their employees to know Arizona law and regulations. A.R.S. §4-101 defines the 3rd party promoter as an employee of the Arizona-licensed producer or wholesaler hosting the promotional event.

Statute/Rule#	Description	View
4-101	Definitions	View

Section 2: Coupons

The information below pertains to both electronic and hard-copy coupons and liquor special/discount promotions.

Off-sale Coupons

Off-sale liquor-licensed retailers (businesses where you cannot consume liquor on the premises) may offer coupons. R19-1-112(M)

On-sale Coupons

On-sale retailers (where you can consume liquor on the premises) may not offer coupons unless their license also allows off-sale (carry-out) sale of liquor (see On-sale Exceptions below). R19-1-314(A)and(C)

On-sale Coupon Exceptions

Bars (series 6) and beer and wine bars (series 7) may offer coupons for purchases of carry-out liquor only. R19-1-314(B)

Statute/Rule #	Description	View
R19-1-314	Prohibited Inducement to Purchase or Consume Spirituous Liquor	View

Section 3: Promotional Items for Consumers Provided by Retail Licensee

Statute/Rule #	Description	View
4-243	Commercial coercion or bribery unlawful; exceptions	View
R19-1-314	Prohibited Inducement to Purchase or Consume Spirituous Liquor	View

Section 4: Promotional Items for Retail Customers Provided by Producer or Wholesaler

Statute/Rule #

Description

View

Section 5: Sampling Limits Per Brand, Per Individual

Statute/Rule #	Description	View
4-243	Commercial coercion or bribery unlawful; exceptions	View

Section 6: Items of Value for Retail Licensee & Retail Staff by Producer or Wholesaler

Statute/Rule #	Description	View
4-243	Commercial coercion or bribery unlawful; exceptions	View
R19-1-319	Commercial Coercion or Bribery Prohibited	View

Section 7: Market Research

Rule #

Description

View

Section 8: 3rd-Party Promotion Company Employee Training

3rd-party promotion company employees age 21 or older may not drink until after their shift is complete.

3rd-party promotion company employees under age 21 may not consume liquor.

Checking IDs

You have the right to refuse service to anyone, and you have the responsibility to ensure each person you serve is of legal drinking age (21). The responsibility to not provide liquor to persons under age 21 is critical to compliance with Arizona liquor law. You may adopt "refusal of service/sale" and "mandatory ID checking" policies and procedures for staff to follow to ensure compliance.

Statute #	Description	View
4-241	Selling or giving liquor to underage person; illegally obtaining liquor by underage person; violation; classification; definitions	View

Intoxicated Patrons

A.R.S. §4-244(14)

"Obviously intoxicated" means inebriated to the extent that a person's physical faculties are substantially impaired and the impairment is shown by significantly uncoordinated physical action or significant physical dysfunction that would have been obvious to a reasonable person.

It is unlawful for a person to:

• serve, sell or furnish liquor to a obviously intoxicated person,
• to allow or permit a disorderly or obviously intoxicated person to come into or remain on or about the premises,

Exception: you may allow an obviously intoxicated person to remain on the premises for a maximum of thirty minutes after the state of obvious intoxication is known or should be known to arrange for safe transportation from the premises.

Statute #	Description	View
4-244	Unlawful acts	View

Disorderly Patrons

A.R.S. §4-244(14) and A.R.S. §13-2904

It is unlawful for a person to:

• serve, sell or furnish liquor to a disorderly person,
• to allow or permit a disorderly or obviously intoxicated person to come into or remain on or about the premises,

Exception: you may allow an obviously intoxicated person to remain on the premises for a maximum of thirty minutes after the state of obvious intoxication is known or should be known to arrange for safe transportation from the premises.

A person commits disorderly conduct if, with intent or in knowledge of doing so, disturbs the peace or quiet of a neighborhood, a family, a person by doing one or more of the following:

Statute #	Description	View
4-244	Unlawful acts	View
13-2904	Disorderly conduct; classification	View

Class 1 misdemeanors:

• Engages in fighting, violent or seriously disruptive behavior; or
• Makes unreasonable noise; or
• Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or
• Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or
• Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or

Class 6 felony:

• Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.