A.R.S. § 5-349 — Arizona Code / Title 5 / Chapter 3 / Article 5 / Section 349
5-349 Watercraft casualties; violation; classification
Status: in_force

5-349. Watercraft casualties; violation; classification

A. The operator of a watercraft involved in a collision, accident or other casualty, to the extent the operator can do so without serious danger to the operator's own watercraft or persons aboard, shall:

1. Immediately stop the watercraft at the scene of the collision, accident or other casualty or as close to the scene of the collision, accident or other casualty as possible but shall immediately return to the scene.

2. Render all practical and necessary assistance to persons affected to save them from danger caused by the collision, accident or other casualty.

3. Remain at the scene of the collision, accident or other casualty until the operator has complied with subsection B of this section.

B. The operator of a watercraft involved in a collision, accident or other casualty shall give the operator's name and address and the identification of the operator's watercraft to any person injured and to the owners of any property damaged.

C. Whenever death or injury results from any watercraft collision, accident or other casualty, a written report shall be submitted within forty-eight hours.  For every other collision, accident or other casualty involving property damage exceeding five hundred dollars, a report shall be submitted within five days after the incident by the operator or owner of the watercraft involved. Written reports shall be submitted directly to the department for use in statistical studies for casualty prevention.  Reports shall not be used as evidence in any trial, civil or criminal, arising from any collision, accident or other casualty.  On request, a report shall be forwarded to the United States coast guard or other authorized federal agency to be used in statistical studies for casualty prevention.

D. To maintain uniformity, watercraft casualty reports shall be on a form approved by the commission.

E. Every peace officer who, in the regular course of duty, investigates any watercraft collision, accident or other casualty involving death or personal injury or involving property damage exceeding five hundred dollars shall prepare and transmit a report to the department pursuant to subsection C of this section.

F. If the operator of a watercraft is involved in a collision or accident that results in death or serious physical injury, as defined in section 13-105, and the operator fails to stop or comply with the requirements of subsection A of this section, the operator is guilty of a class 5 felony. If the operator of a watercraft is involved in a collision or accident that results in injury other than death or serious physical injury and the operator fails to stop and comply with the requirements of subsection A of this section, the operator is guilty of a class 6 felony. If the operator of a watercraft is involved in a collision or accident that results only in damage to property of another or another watercraft, and the operator fails to stop and comply with the requirements of subsection B of this section, the operator is guilty of a class 3 misdemeanor.
A.R.S. § 5-1213 — Arizona Code / Title 5 / Chapter 10 / Article 1 / Section 1213
5-1213 Conditional enactment; notice
Status: in_force

5-1213. Conditional enactment; notice

A. This chapter does not become effective unless and before each Indian tribe with a gaming facility in Pima county and each Indian tribe with a gaming facility in the Phoenix metropolitan area, as defined in the 2021 compact amendment, has entered into a 2021 gaming compact amendment and notice of the United States secretary of the interior's approval or approval by operation of law has been published in the federal register.

B. The department shall notify the director of the Arizona legislative council in writing of the date on which the condition was met.
A.R.S. § 5-1308 — Arizona Code / Title 5 / Chapter 11 / Article 1 / Section 1308
5-1308 Supplier license
Status: in_force

5-1308. Supplier license

A. The department may issue a supplier license to a person that manufactures, distributes, sells or leases event wagering equipment, systems or other gaming items to conduct event wagering and offers services related to the equipment or other gaming items and data to an event wagering operator or limited event wagering operator while the license is active.  The department may accept a license issued by another jurisdiction that the department determines to have similar licensure requirements as evidence the applicant meets supplier licensure requirements.

B. The department may adopt rules that establish additional requirements for a supplier and any system or other equipment used for event wagering.

C. An applicant for a supplier license shall demonstrate that the equipment, system or services that the applicant plans to offer to the event wagering operator conform to standards established by the department and applicable state law.  The department may accept approval by another jurisdiction that the department determines has similar equipment standards as evidence the applicant meets the standards established by the department and applicable state law.

D. An applicant shall pay to the department a nonrefundable license and application fee as prescribed by section 5-1310. A license is valid for two years.  The department shall grant a renewal of a supplier license if the renewal applicant has continued to comply with all applicable statutory and regulatory requirements, submits the renewal application on a department-issued renewal form and pays the renewal fee prescribed by section 5-1310.  The department shall deposit, pursuant to sections 35-146 and 35-147, the fees collected from licensees under this subsection in the event wagering fund established by section 5-1318.

E. A supplier shall submit to the department a list of all event wagering equipment and services sold, delivered or offered to an event wagering operator in this state, as required by the department, all of which must be tested and approved by an independent testing laboratory approved by the department. An event wagering operator or limited event wagering operator may continue to use supplies acquired from a licensed supplier, even if a supplier's license expires or is otherwise canceled, unless the department finds a defect in the supplies.
A.R.S. § 5-1172 — Arizona Code / Title 5 / Chapter 9 / Article 3 / Section 1172
5-1172 Investment of monies in the debt service account
Status: in_force

5-1172. Investment of monies in the debt service account

(Conditionally Rpld.)

A. The authority board may authorize the authority's fiscal agent to invest and reinvest any monies in the debt service account as provided by section 5-1173.

B. The order directing an investment shall state a date on which the monies and other resources in the debt service account will be needed for use, and the fiscal agent shall make the investment in such a way as to mature on or before the specified date.

C. All monies earned as interest or otherwise derived from the investment of the monies in the debt service account shall be credited as described in the authorizing resolution.
A.R.S. § 5-534 — Arizona Code / Title 5 / Chapter 5.1 / Article 1 / Section 534
5-534 State lottery revenue bond debt service fund
Status: in_force

5-534. State lottery revenue bond debt service fund

A. The state lottery revenue bond debt service fund is established.  The fund shall consist of monies transferred pursuant to law.  The department shall administer and account for the state lottery revenue bond debt service fund.

B. If the director issues state lottery revenue bonds:

1. Amounts distributable to the state general fund from the state lottery fund pursuant to section 5-522 shall be transferred first to the state lottery bond debt service fund until the state lottery bond debt service fund contains monies sufficient to meet all requirements for the current period as required by the bond documents and, after the requirements for the current period as required by the bond documents have been satisfied, shall be transferred to the state general fund.

2. After payment of the state lottery operating expenses, amounts distributable from the state lottery fund pursuant to section 5-572 shall be transferred first to the state lottery bond debt service fund until the state lottery bond debt service fund contains monies sufficient to meet all requirements for the current period as required by the bond documents and, after the requirements for the current period as required by the bond documents have been satisfied, shall be transferred in accordance with section 5-572.

C. Monies in the state lottery revenue bond debt service fund may be used only for the purposes authorized by this article.
A.R.S. § 5-347 — Arizona Code / Title 5 / Chapter 3 / Article 5 / Section 347
5-347 Interference with navigation or launching areas
Status: in_force

5-347. Interference with navigation or launching areas

A. No person shall unreasonably or unnecessarily interfere with other watercraft, with the free and proper use of the waterways of the state or with areas used for launching watercraft onto such waterways. Anchoring or swimming in heavily traveled channels or launching areas shall constitute such interference.

B. No person shall camp or park any vehicle on any boat launching area or otherwise restrict or prevent free access to any area.
A.R.S. § 5-395 — Arizona Code / Title 5 / Chapter 3 / Article 10 / Section 395
5-395 Operating or in actual physical control of a motorized watercraft while under the influence; violation; classification; definition
Status: in_force

5-395. Operating or in actual physical control of a motorized watercraft while under the influence; violation; classification; definition

A. It is unlawful for any person to operate or be in actual physical control of a motorized watercraft that is underway within this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.

2. If the person has an alcohol concentration of 0.08 or more within two hours of operating or being in actual physical control of the motorized watercraft and the alcohol concentration results from alcohol consumed either before or while operating or being in actual physical control of the motorized watercraft.

3. While there is any drug as defined in section 13-3401 or its metabolite in the person's body.

4. If the motorized watercraft is a commercial motorized watercraft and the person has an alcohol concentration of 0.04 or more.

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person using a drug prescribed by a medical practitioner who is licensed pursuant to title 32 and who is authorized to prescribe the drug is not guilty of violating subsection A, paragraph 3 of this section.

D. The state shall not dismiss a charge of violating this section for either of the following:

1. In return for a plea of guilty or no contest to any other offense by the person charged with the violation of this section.

2. For the purpose of pursuing any other misdemeanor or a petty offense, including those arising out of the same event or course of conduct, unless there is clearly an insufficient legal or factual basis to pursue the charge of violating this section.

E. In any prosecution for a violation of this section the state, for the purpose of classification and sentencing pursuant to section 5-395.01 or 5-396, shall allege all prior convictions of violating this section occurring within the past eighty-four months, unless there is clearly an insufficient legal or factual basis to do so.

F. In a trial, action or proceeding for a violation of this section or section 5-396 other than a trial, action or proceeding involving operating or being in actual physical control of a commercial motorized watercraft, the defendant's alcohol concentration within two hours of the time of operating or being in actual physical control as shown by analysis of the defendant's blood, breath or other bodily substance gives rise to the following presumptions:

1. If there was at that time 0.05 or less alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was not under the influence of intoxicating liquor.

2. If there was at that time in excess of 0.05 but less than 0.08 alcohol concentration in the defendant's blood, breath or other bodily substance, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.

3. If there was at that time 0.08 or more alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was under the influence of intoxicating liquor.

G. Subsection F of this section shall not be construed as limiting the introduction of any other competent evidence bearing on the question of whether or not the defendant was under the influence of intoxicating liquor.

H. If a blood test is administered, only a physician, a registered nurse or another qualified person may withdraw blood for the purpose of determining the alcohol concentration or drug content. The qualifications of the individual withdrawing the blood and the method used to withdraw the blood are not foundational prerequisites for the admissibility of any blood alcohol content determination made pursuant to this subsection.

I. If a law enforcement officer administers a duplicate breath test and the person tested is given a reasonable opportunity to arrange for an additional test pursuant to subsection J of this section, a sample of the person's breath does not have to be collected or preserved.

J. The person tested shall be given a reasonable opportunity to arrange for any physician, registered nurse or other qualified person of the tested person's own choosing to administer a test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person does not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.

K. If a person under arrest refuses to submit to a test or tests under section 5-395.03, whether or not a sample was collected pursuant to subsection L of this section or a search warrant, evidence of refusal is admissible in any civil or criminal action or other proceeding. The issue of refusal shall be an issue of fact to be determined by the trier of fact in all cases.

L. Notwithstanding any other law, if a law enforcement officer has probable cause to believe that a person has violated this section and a sample of blood, urine or any other bodily substance is taken from that person for any reason a portion of that sample sufficient for analysis shall be provided to a law enforcement officer if requested for law enforcement purposes.  A person who fails to comply with this subsection is guilty of a class 1 misdemeanor.

M. A person who collects blood, urine or any other bodily substance under this section or any hospital, laboratory or clinic employing or using the services of the person does not incur any civil liability as a result of this activity if requested by a law enforcement officer to collect blood, urine or any other bodily substances unless the person, while performing the activity, acts with gross negligence.

N. A statement by the defendant that the defendant was operating a motorized watercraft that was underway and that was involved in an accident resulting in injury to or death of any person is admissible in any criminal proceeding without further proof of corpus delicti if it is otherwise admissible.

O. At the arraignment, the court shall inform the defendant that the defendant may request a trial by jury and that the request, if made, shall be granted.

P. For the purposes of this section, "alcohol concentration" means grams of alcohol per one hundred milliliters of blood or grams of alcohol per two hundred ten liters of breath.
A.R.S. § 5-806 — Arizona Code / Title 5 / Chapter 8 / Article 1 / Section 806
5-806 Gift ban; principals and lobbyists; exemptions
Status: in_force

5-806. Gift ban; principals and lobbyists; exemptions

A. A principal or lobbyist or any other person acting on behalf of a principal or lobbyist shall not give a gift to any board member or employee of the board and a board member or employee of the board shall not accept a gift from a principal or lobbyist.

B. For the purpose of this section, a gift does not include any of the following:

1. Salary, compensation or employer reimbursed expenses lawfully paid to a board member or employee.

2. A family gift.

3. An award or prize that is given to competitors in a contest or event that is open to the public including a random drawing.

4. Any discount or other benefit that is offered to a board member or employee on the same conditions as to the public, to a class consisting of all board members and employees or to a group or class in which membership is unrelated to being a board member or employee.

5. An educational event or speaking engagement.

6.  Expenses relating to a special event or function to which all members of the board are invited and that are properly reported.

7. Flowers.

8. Food and beverage.

9. Informational material, including a book, calendar, pamphlet, periodical, report or video.

10. An item that is not used and that is returned within fifteen days of receipt to the donor or that is delivered within fifteen days of receipt to a charitable organization and that is not claimed as a charitable contribution for state or federal income tax purposes.

11. An item that is given to a board member or employee if the board member or employee gives an item of approximately the same value to the giver of the item at the same time that the item is given or on a similar occasion as the one that prompted the original item to be given.

12. An item of a personal nature that was customarily received by an individual from the donor before the individual became a board member or employee.

13. An item that is given to the general public at an event.

14. An item of nominal value such as a greeting card, baseball cap, t-shirt, mug or pen.

15. Nonrecreational travel or lodging, or both.

16. Personal hospitality.

17. A plaque or other form of recognition similar to a plaque to a board member or employee to signify the honorary recognition of a service or other notable accomplishment.

18. Professional or consulting services rendered on matters directly related to holding a position on the board or employee of the board and that are not rendered to obtain a benefit for any registered principal, public body, lobbyist, designated public lobbyist or authorized public lobbyist or the clients of a principal or lobbyist.
A.R.S. § 5-1314 — Arizona Code / Title 5 / Chapter 11 / Article 1 / Section 1314
5-1314 Event wagering authorized
Status: in_force

5-1314. Event wagering authorized

A. Notwithstanding any other law relating to wagering except for title 5, chapter 1 and title 13, chapter 33, the operation of event wagering is lawful only if the event wagering is conducted in accordance with this chapter and any other relevant laws and rules.

B. Notwithstanding section 5-112, wagers on racing meetings or simulcasted races may be made, offered or received through the means that other wagers allowed by this chapter are made, offered or received unless otherwise prohibited by federal law.

C. Each event wagering operator shall adopt and adhere to a written, comprehensive policy outlining the house rules governing the acceptance of wagers and payouts.  The policy and rules must be approved by the department before the event wagering operator accepts wagers.  The policy and rules must be readily available to a bettor at any event wagering facility location and on any event wagering platform.

D. The department shall adopt rules regarding:

1. The manner in which an event wagering operator accepts wagers from and issues payouts to bettors, including payouts in excess of $10,000.

2. Reporting requirements necessary to comply with the bank secrecy act (P.L. 91-508; 84 Stat. 1114) and patriot act (P.L. 107-56; 115 Stat. 272) and for any other applicable laws and rules governing reporting suspicious wagers.

E. Each wager placed in accordance with this chapter is deemed to be an enforceable contract under law.

F. If the governing body of a sport or sports league, organization or association or other authorized entity that maintains official league data opts to provide official league data for the purposes of event wagering, an event wagering operator shall exclusively use official league data for purposes of tier two sports wagers unless the event wagering operator can demonstrate to the department that the governing body of a sport or sports league, organization or association or other authorized entity cannot provide a feed of official league data for tier two sports wagers in accordance with commercially reasonable terms, as determined by the department.
A.R.S. § 5-805 — Arizona Code / Title 5 / Chapter 8 / Article 1 / Section 805
5-805 Executive director; duties
Status: in_force

5-805. Executive director; duties

A. The executive director is responsible for managing, administering and supervising the activities of the authority.

B. The executive director shall negotiate, make, execute, acknowledge and perform contracts and other agreements in the interest of the authority or to carry out or accomplish the purposes of this chapter, including construction contracts and agreements with users of the multipurpose facility, all of which are subject to approval by the board.

C. The executive director shall:

1. Employ a treasurer to serve as fiscal agent to deposit, hold, invest and disburse the authority’s monies.

2. Employ administrative and clerical employees and prescribe the terms and conditions of their employment as necessary to carry out the purposes of the authority. Employees of the authority are considered to be public employees for purposes of title 38.

3. Recommend the employment of consultants by the board, including outside counsel and a professional facility management company.

4. Direct the activities of outside consultants.
A.R.S. § 5-398.01 — Arizona Code / Title 5 / Chapter 3 / Article 10 / Section 398.01
5-398.01 Waiver of fine, surcharge or assessment
Status: in_force

5-398.01. Waiver of fine, surcharge or assessment

Notwithstanding any other law, the court shall not waive a fine or assessment imposed pursuant to this article or a surcharge imposed pursuant to section 12-116.01 or 12-116.02 for a conviction of an offense listed in this article.
A.R.S. § 5-323 — Arizona Code / Title 5 / Chapter 3 / Article 3 / Section 323
5-323 Disposition of fees
Status: in_force

5-323. Disposition of fees

Each month monies received from the registration and infrastructure fees received under this chapter for the numbering of watercraft shall be deposited, pursuant to sections 35-146 and 35-147, in the watercraft licensing fund.  Each month, the department shall distribute the monies as follows:

1. All revenues collected pursuant to section 5-321, subsection A and section 5-326 shall be allocated as follows:

(a) Sixty-five per cent shall be deposited in the watercraft licensing fund.  The watercraft licensing fund is to be used by the department for administering and enforcing this chapter, providing an information and education program relating to boating and boating safety and administering any aquatic invasive species program established under this title or title 17.  These monies are subject to legislative appropriation.

(b) Thirty-five per cent of such revenues shall be further allocated as follows:

(i) Fifteen per cent to the state lake improvement fund to be used as prescribed by section 5-382.

(ii) Eighty-five per cent to the law enforcement and boating safety fund to be used as prescribed by section 5-383.

2. All revenues collected from any additional registration fees collected pursuant to section 5-321, subsection C shall be paid to an account designated by a multi-county water conservation district established under title 48, chapter 22 to be used solely for the lower Colorado river multispecies conservation program and for no other purpose.
A.R.S. § 5-109 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 109
5-109 Identification of animals; exemptions
Status: in_force

5-109. Identification of animals; exemptions

A horse shall not take part in any race conducted under this article unless satisfactorily identified and registered by an association recognized by the department. A horse shall not be allowed to leave the racetrack premises unless it is accompanied by the certificate required by section 3-1335 unless:

1. An emergency situation requires immediate removal of the animal from the premises.

2. The director of the Arizona department of agriculture issues special permission in situations he determines to be in the best interest of the animal.
A.R.S. § 5-1105 — Arizona Code / Title 5 / Chapter 9 / Article 1 / Section 1105
5-1105 Executive director; duties
Status: in_force

5-1105. Executive director; duties

(Conditionally Rpld.)

A. The executive director of the authority is responsible to the authority board for managing, administering and supervising the activities of the authority.

B. The executive director shall negotiate, make, execute, acknowledge and perform contracts and other agreements in the interest of the authority or to carry out or accomplish the purposes of this chapter, including construction contracts and agreements with users of a multipurpose facility, all of which are subject to approval by the authority board.

C. The executive director shall:

1. Employ a fiscal agent to deposit, hold, invest and disburse the authority's monies.

2. Employ administrative and clerical employees and prescribe the terms and conditions of their employment as necessary to carry out the purposes of the authority.  Employees of the authority are considered to be public employees for purposes of title 38.

3. Recommend the employment of consultants by the authority board, including outside counsel and a professional facility management company.

4. Direct the activities of outside consultants.
A.R.S. § 5-1206 — Arizona Code / Title 5 / Chapter 10 / Article 1 / Section 1206
5-1206 Problem gambling; self-exclusion list; program; liabilities
Status: in_force

5-1206. Problem gambling; self-exclusion list; program; liabilities

A. A fantasy sports contest operator shall develop a procedure to inform fantasy sports contest players that help is available if an individual has a problem with gambling and, at a minimum, provide the statewide toll-free helpline telephone number, text message and website information established by the department.

B. The department and the fantasy sports contest operator shall comply with the following requirements to allow problem gamblers to voluntarily exclude themselves from fantasy sports contests statewide:

1. The department shall establish a list of persons who acknowledge, in a manner to be established by rule, that they have a compulsive play problem and voluntarily seek to exclude themselves from fantasy sports contests statewide. The department shall establish procedures for the placement on and removal from the list of self-excluded persons.  Only a person seeking voluntary self-exclusion shall be allowed to include the person's name on the self-exclusion list of the department.

2. The fantasy sports contest operator shall establish procedures for advising persons who inquire about self-exclusion and offer self-exclusion application forms provided by the department to those persons when requested.

3. The department shall compile identifying information concerning self-excluded persons.  Such information shall contain, at a minimum, the full name and any aliases of the person, a photograph of the person, the social security or driver's license number of the person and the current physical and electronic contact information, including mailing address, of the person.

4. The department, on a weekly basis, shall provide the compiled information to fantasy sports contest operators.  Fantasy sports contest operators shall treat the information received from the department under this section as confidential, and the information may not be disclosed except to vendors approved by the department for purposes of complying with this section, appropriate law enforcement agencies if needed in conducting an official investigation, or unless ordered by a court of competent jurisdiction.

5. A fantasy sports contest operator shall check the most recent self-excluded persons list provided by the department before creating a player account for any self-excluded person.  A fantasy sports contest operator shall revoke a player account and remove all self-excluded persons from all marketing lists of the fantasy sports contest operator.

6. A fantasy sports contest operator shall take reasonable steps to ensure that persons on the department's list of self-excluded persons are denied access to all fantasy sports contests.

7. A fantasy sports contest operator shall take reasonable steps to identify self-excluded persons.

8. If a self-excluded person participates in a fantasy sports contest, the fantasy sports contest operator shall report to the department, at a minimum, the name of the self-excluded person, the date of participation, the amount or value of any monies, prizes or awards forfeited, if any, and any other action taken.  The report shall be provided to the department within twenty-four hours of discovery.

C. A fantasy sports contest operator may not pay any prize or award to a person who is on the department's self-exclusion list.  Any prize or award won by a person on the self-exclusion list shall be forfeited and shall be donated by the fantasy sports contest operator to the department's division of problem gambling on a quarterly basis by the twenty-fifth day of the following month.

D. Notwithstanding any other provision of this chapter, the department's list of self-excluded persons is not open to public inspection.

E. A fantasy sports contest operator shall develop and maintain a program to mitigate compulsive play and curtail compulsive play, which may be in conjunction with the department.
A.R.S. § 5-221 — Arizona Code / Title 5 / Chapter 2 / Article 2 / Section 221
5-221 Definitions
Status: in_force

5-221. Definitions

In this article, unless the context otherwise requires:

1. "Boxing":

(a) Means the act of attack and defense with the fists, using padded gloves, that is practiced as a sport.

(b) Includes kickboxing, if applicable.

2. "Combatant" means any person who practices the sport of unarmed combat.

3. "Commission" means the Arizona state boxing and mixed martial arts commission.

4. "Contest" means any boxing or mixed martial arts bout, event, contest, match or exhibition between two combatants.

5. "Department" means the department of gaming.

6. "Director" means the director of the department.

7. "Executive director" means the executive director of the commission.

8. "Kickboxing" means a form of boxing, including muay thai pursuant to rules and regulations of the United States muay thai association or another muay thai sanctioning body that is approved by the commission, in which blows are delivered with any part of the arm below the shoulder, including the hand, and any part of the leg below the hip, including the foot.

9. "Mixed martial arts" means any form of competition or contest, other than boxing or kickboxing, in which blows are delivered and in which the combatants use any combination of tactics, including boxing, wrestling, striking, kicking, martial arts and submission techniques.

10. "Professional" means any person who competes for any money prize or a prize that exceeds the value of $35 or teaches, pursues or assists in the practice of boxing or mixed martial arts as a means of obtaining a livelihood or pecuniary gain.

11. "Tough man contest":

(a) Means any boxing match that consists of one-minute rounds between two or more persons who use their hands, wearing padded gloves that weigh at least twelve ounces, or their feet, or both, in any manner.

(b) Does not include kickboxing or any recognized martial arts competition.
A.R.S. § 5-1168 — Arizona Code / Title 5 / Chapter 9 / Article 3 / Section 1168
5-1168 Lien of pledge
Status: in_force

5-1168. Lien of pledge

(Conditionally Rpld.)

A. Any pledge made under this article is valid and binding from the time when the pledge is made.

B. The monies pledged to the holders of the bonds and received by the authority for placement in the debt service account are immediately subject to the lien of the pledge without any further act.  Any lien of any pledge is valid and binding against all parties who have claims of any kind against the authority, regardless of whether the parties have notice of the lien.  The official resolution or any instrument by which this pledge is created, when adopted by the authority board, is notice to all concerned of the creation of the pledge, and those instruments need not be recorded in any other place to perfect the pledge.
A.R.S. § 5-1306 — Arizona Code / Title 5 / Chapter 11 / Article 1 / Section 1306
5-1306 License revocation; suspension; denial; grounds; definitions
Status: in_force

5-1306. License revocation; suspension; denial; grounds; definitions

A. The department may revoke, suspend or deny a license when an applicant or licensee meets any of the following criteria:

1. Violates, fails or refuses to comply with the provisions, requirements, conditions, limitations or duties imposed by this chapter and other laws and rules, or if any such violation has occurred on any event wagering system operated by any such person or over which the person has substantial control.

2. Knowingly causes, aids, abets or conspires with another to cause any person to violate any of the laws of this state or the rules of the department.

3. Obtains a license by fraud, misrepresentation, concealment or through inadvertence or mistake.

4. Is convicted or forfeited bond on a charge of or pleads guilty to:

(a) Forgery, larceny, extortion or conspiracy to defraud.

(b) Wilful failure to make required payment or reports to any tribal, state or federal governmental agency, filing false reports with any tribal, state or federal governmental agency or any similar offense or offenses.

(c) Bribing or otherwise unlawfully influencing a public official of this state or any other state or jurisdiction.

(d) Any crime, whether a felony or misdemeanor, involving any gaming activity, physical harm to an individual or moral turpitude.

5. Misrepresents or fails to disclose a material fact to the department.

6. Fails to prove, by clear and convincing evidence, that the person is qualified for licensure.

7. Is subject to current prosecution or pending charges or a conviction that is under appeal for any of the offenses included in this subsection.  At the request of an applicant for an original license, the department may defer decision on the application during the pendency of the prosecution or appeal.

8. Has had a gaming license issued by any jurisdiction in the United States revoked or denied.

9. Demonstrates a wilful disregard for compliance with gaming regulatory authority in any jurisdiction, including suspension, revocation or denial of an application for a license or forfeiture of a license.

10. Has pursued or is pursuing economic gain in an occupational manner or context in violation of the criminal laws of any state if the pursuit creates probable cause to believe that the person's participation in gaming or related activities would be detrimental to the proper operation of an authorized gaming or related activity in this state.

11. Is a career offender or a member of a career offender organization or an associate of a career offender or career offender organization thereby establishing probable cause to believe that the association is of such a nature as to be detrimental to the proper operation of the authorized gaming or related activities in this state.

12. Is a person whose prior activities, criminal record, if any, habits and associations pose a threat to the public interest of this state or to the effective regulation and control of event wagering, creates or enhances the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of event wagering or the carrying on of the business and financial arrangements incidental thereto.

13. Fails to provide any information requested by the department within seven days after the request for the information, except for good cause as determined by the department.

B. Any applicant for licensure or holder of a license shall be entitled to a full hearing on any final action by the department that may result in the revocation, suspension or denial of licensure.  The hearing shall be conducted in accordance with the procedures as provided in title 41, chapter 6 and the department's rules.

C. The department may summarily suspend any license if the continued licensing of the person constitutes an immediate threat to the public health, safety or welfare.

D. For the purposes of this section:

1. "Career offender" means any individual who behaves in an occupational manner or context for the purposes of economic gain by violating federal law or the laws and public policy of this state.

2. "Career offender organization" means any group of individuals who operate together as career offenders.

3. "Occupational manner or context" means the systematic planning, administration, management or execution of an activity for financial gain.
A.R.S. § 5-110 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 110
5-110 Racing days, times and allocations; emergency transfer; county fairs; charity days
Status: in_force

5-110. Racing days, times and allocations; emergency transfer; county fairs; charity days

A. Permits for horse or harness racing meetings shall be approved and issued for substantially the same dates allotted to permittees for the same type of racing during the preceding year or for other dates that permittees request, provided that, in the event there is a conflict in dates requested between two or more permittees in the same county for the same kind of racing, the permittee whose application is for substantially the same dates as were allotted to the permittee in the preceding year shall be entitled to have preference over other permittees. In the event two or more permittees have agreed that the dates to be allotted to each of them each year shall be alternated from one year to the next, the commission shall recognize their agreement and those permittees may be accorded preference over any other permittee as to those dates to be allotted to those permittees on an alternating basis. Except as otherwise provided, the commission shall allot dates to the respective permittees after giving due consideration to all of the factors involved and the interests of permittees, the public and this state.

B. The commission may require by the terms of any permit that the permittee offer such number of races during any racing meeting as the commission shall determine, provided that the permittee shall be permitted to offer at least the same number of races each day as offered in the prior year. The commission shall require each horse racing permittee to conduct for a period of thirty days a number of races equal to an average of at least two races for each day of racing exclusively for quarter horses.  If, in the opinion of the commission, the permittee is offering acceptable quarter horse races but an honest effort is not being put forth to fill these races by the horsemen, the commission may rescind the two race per day quarter horse requirement.

C. Live racing and wagering on simulcast races shall be permissible in either daytime or nighttime. Unless otherwise agreed by written contract that is submitted to the department between all the permittees in the same county, there shall be no wagering on simulcast dog races before 4:15 p.m., mountain standard time, on the same day that there is live daytime horse or harness racing in any county in which commercial horse or harness racing has been conducted before February 1, 1971. The hours during which any other harness or horse racing is to be conducted shall be determined by the commission. The application for a permit shall state the exact days on which racing will be held and the time of day during which racing will be conducted.

D. If the commission determines that an emergency has obligated or may obligate a permittee to discontinue racing at a location, the commission may authorize the permittee to transfer racing for the number of days lost to any other location.

E. A racing meeting, when operated by a county fair racing association or under lease during the county fair to any individual, corporation or association, shall not come under the limitation placed on days of racing in this section.

F. The department shall be the judge of whether a county fair racing meeting is being operated pursuant to this section. A county fair racing meeting conducted by an individual, corporation or association, other than the properly authorized county fair racing association, shall come under the general provisions of this article the same as a commercial meeting.  Notwithstanding this subsection, a county fair racing meeting, whether conducted by a county fair racing association or by an individual, corporation or association other than a county fair racing association, is exempt from the requirement prescribed in section 5-111 to pay to the state a percentage of the pari-mutuel pool collected at the meeting.

G. The commission may allow a permittee, in addition to the days specified in this permit, to operate up to three racing days during any one meeting as charity days. From the amount deducted from the total handled in the pari-mutuel pool on charity days, the permittee shall deduct an amount equal to the purses and the cost of conducting racing on these days, and shall donate the balance to nonprofit organizations and corporations that benefit the general public, that are engaged in charitable, benevolent and other like work and that are selected by the permittee and approved by the department.  The amount given to charity from charity racing days may not be less than the amount that otherwise would have gone to this state as this state's share on a noncharity racing day.

H. Notwithstanding any other law, live dog racing shall not be conducted in this state after December 31, 2016. Notwithstanding any other law, pari-mutuel wagering on simulcast dog racing shall not be conducted in this state on or after December 31, 2028. Notwithstanding any other law, pari-mutuel wagering on simulcasts of dog racing that originate outside of the continental United States are not allowed in this state on or after June 30, 2024. This subsection does not apply to nonprofit organizations that host lure coursing or similar events that test a dog's ability, stamina and breeding or training for such events. Notwithstanding any other provision of this article, any dog racing permittee that offered live dog racing in 2016 or that has offered live dog racing in eight out of ten calendar years from 1980 to 1990 in counties that have a population of less than five hundred thousand persons shall be considered as operating a racetrack enclosure for all purposes under this article and shall not be authorized or required to conduct live racing as a condition of that permittee's racing permit. Any permittee qualified under this subsection may conduct advance deposit wagering, wagering at additional wagering facilities that are owned or leased by that permittee and wagering on telecasts of races conducted at racetrack enclosures within this state or at racetrack enclosures outside this state without offering live racing at that permittee's racetrack enclosure.
A.R.S. § 5-112.01 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 112.01
5-112.01 Defense to a charge of false arrest
Status: in_force

5-112.01. Defense to a charge of false arrest

Reasonable cause shall be a defense to a civil or criminal action brought for false arrest, false imprisonment or wrongful detention against a peace officer, employee or security personnel of the department or the permittee by a person suspected of wagering violations as provided pursuant to section 5-111, subsection A and section 5-112.
A.R.S. § 5-552 — Arizona Code / Title 5 / Chapter 5.1 / Article 2 / Section 552
5-552 Arizona state lottery commission; membership; appointment; term; chairman; removal; reimbursement of expenses
Status: in_force

5-552. Arizona state lottery commission; membership; appointment; term; chairman; removal; reimbursement of expenses

A. There is established the Arizona state lottery commission consisting of five members who shall be citizens and residents of this state and appointed by the governor pursuant to section 38-211. No more than three members may be from the same political party. The term of members appointed to the commission is five years. The commission members shall annually elect one of the members to serve as chairman of the commission.

B. At least one member of the commission shall have a minimum of five years' experience in law enforcement.

C. At least one member of the commission shall have a minimum of five years' experience as a certified public accountant.

D. At least one member of the commission shall have a minimum of five years' experience in marketing or advertising, or both.

E. At least one member of the commission shall have a minimum of five years' experience in convenience store, minimart or grocery retailing.

F. Any member of the commission may be removed from office by the governor for cause upon notice and opportunity to be heard at a public hearing.

G. Members of the commission are eligible to receive compensation pursuant to section 38-611.

H. The commission shall hold at least one meeting each quarter.

I. No commission member may have a pecuniary interest in any contract or agreement to which the commission is a party.

J. No action of the commission is binding unless taken at a meeting with at least three members present voting in favor of the action in question.
A.R.S. § 5-570 — Arizona Code / Title 5 / Chapter 5.1 / Article 2 / Section 570
5-570 Award of prize to certain persons prohibited
Status: in_force

5-570. Award of prize to certain persons prohibited

No prize may be paid on any winning ticket or share to any person who is under twenty-one years of age.
A.R.S. § 5-803 — Arizona Code / Title 5 / Chapter 8 / Article 1 / Section 803
5-803 Board of directors
Status: in_force

5-803. Board of directors

A. The authority is governed by a board of directors consisting of the following members who must reside in the county in which the authority is established:

1. Five members appointed by the governor pursuant to section 38-211. No more than three of these members may be from the same political party.  Of these members, the governor shall appoint:

(a)  One member from the tourism industry in the authority.

(b)  One member from the hotel and motel industry located in the authority.

(c)  One member representing a youth sports organization in the authority.

(d)  One member representing a major league baseball spring training organization in the authority.

2. Two members who are appointed by the president of the senate and who are not of the same political party.

3. Two members who are appointed by the speaker of the house of representatives and who are not of the same political party.

B. No member of the board may simultaneously hold any state or local elective public office. The governor, president of the senate and speaker of the house of representatives shall make appointments to produce a general geographically diverse representation of areas in the authority. Members of the board shall be appointed for terms of five years. A member may be reappointed for one full subsequent term.

C. Members of the board are eligible for compensation as provided by section 38-611.
A.R.S. § 5-565.02 — Arizona Code / Title 5 / Chapter 5.1 / Article 2 / Section 565.02
5-565.02 Purchase of lottery tickets or shares by minors
Status: in_force

5-565.02. Purchase of lottery tickets or shares by minors

It is unlawful for a person under twenty-one years of age to purchase a lottery ticket or share.
A.R.S. § 5-343 — Arizona Code / Title 5 / Chapter 3 / Article 5 / Section 343
5-343 Speed restrictions; excessive wake
Status: in_force

5-343. Speed restrictions; excessive wake

No person shall operate a watercraft in excess of the posted limit or at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person or other watercraft, swamping other watercraft or otherwise endangering the lives or property of other persons.
A.R.S. § 5-1409 — Arizona Code / Title 5 / Chapter 12 / Article 1 / Section 1409
5-1409 Annual report; appearance before joint legislative budget committee
Status: in_force

5-1409. Annual report; appearance before joint legislative budget committee

A. Within three months after the end of each fiscal year, the authority shall prepare a report signed by the executive director and transmit the report to the joint legislative budget committee. The report shall include a progress report of the activities of the authority during the previous year.

B. At the request of the chairperson of the joint legislative budget committee, the executive director shall appear before the joint legislative budget committee to report on the activities and financial performance of the authority during the previous year.
A.R.S. § 5-811 — Arizona Code / Title 5 / Chapter 8 / Article 1 / Section 811
5-811 Conflicts of interest; violation; classification
Status: in_force

5-811. Conflicts of interest; violation; classification

A. The directors, officers and employees of the authority are subject to title 38, chapter 3, article 8 relating to conflicts of interest.

B. A director, officer or employee of the authority shall not have any direct or indirect financial interest in any property owned, purchased or constructed by the authority.

C. A person who violates this section is guilty of a class 1 misdemeanor.
A.R.S. § 5-222 — Arizona Code / Title 5 / Chapter 2 / Article 2 / Section 222
5-222 Application of this chapter
Status: in_force

5-222. Application of this chapter

A. This chapter does not apply to any amateur boxing or mixed martial arts contest conducted by the following:

1. Any school, community college, college or university or an association or organization composed exclusively of schools, community colleges, colleges or universities if each combatant is a student enrolled in a school, community college, college or university.  For the purposes of this paragraph, "school, community college, college or university" means every school, community college, college or university and every other school, community college, college or university determined by the state board of education, community college districts as defined in section 15-1401 or the Arizona board of regents to be maintained primarily for the giving of general academic education.

2. A government unit or agency of the United States, this state or a political subdivision of this state or a unit of the United States armed forces or the national guard if all combatants are members of that unit of the armed forces or the national guard.

3. An amateur athletic program that is authorized by and sanctioned under the rules, regulations and policies of a national governing body that is recognized by the United States olympic committee in which all combatants are amateur combatants.

4. Kickboxing events that are sanctioned by and conducted under the direct supervision of the United States muay thai association or another muay thai sanctioning body that is approved by the commission if all combatants are amateur combatants.

5. Any bona fide private school whose primary purpose is instruction and training in the martial arts, if:

(a) The contests held in conjunction with the instruction and training are amateur.

(b) The contests are of a sparring nature with no official decisions awarded.

(c) At least one combatant in each contest has been a member in good standing of the sponsoring private school for at least sixty continuous days before the contest.

(d) An admission fee or a mandatory donation or other form of payment is not charged for attendance.

6. Any bona fide private school whose primary purpose is instruction in karate, if the contests held in conjunction with the instruction are amateur.

B. An amateur mixed martial arts combatant shall not be licensed as a professional mixed martial arts combatant until the person has completed five or more verified amateur contests that are regulated by the commission or by a sanctioning body that is approved by the commission. The five-contest requirement prescribed by this subsection may be waived by the commission or by the executive director.
A.R.S. § 5-604 — Arizona Code / Title 5 / Chapter 6 / Article 1 / Section 604
5-604 Department of gaming; director; qualifications; term; conflict of interest; grounds for dismissal
Status: in_force

5-604. Department of gaming; director; qualifications; term; conflict of interest; grounds for dismissal

A. The department of gaming is established.

B. The governor shall appoint a director of the department of gaming pursuant to section 38-211. The director serves at the pleasure of the governor.  To be eligible for appointment as director, a person shall not have a financial interest in a gambling operation or in the gambling industry in this state during the term of appointment. The governor may appoint an acting director if there is a vacancy in the office.

C. The director and all other employees of the department are subject to title 41, chapter 4, article 4. The director is eligible to receive compensation pursuant to section 38-611.

D. The employment or financial interest of any relative to the first degree of consanguinity or affinity to the director or any other employee of the department in the gambling industry in this state is grounds for the dismissal of the director or employee of the department.
A.R.S. § 5-1401 — Arizona Code / Title 5 / Chapter 12 / Article 1 / Section 1401
5-1401 Definitions
Status: in_force

5-1401. Definitions

In this chapter, unless the context otherwise requires:

1. "Advisory board" means the advisory board of the authority.

2. "Authority" means the southern Arizona sports, tourism and film authority.

3. "Board" means the board of directors of the authority.

4. "Indian tribe" means any organized Indian nation, tribe, band or community that is recognized as an Indian tribe by the United States department of the interior.
A.R.S. § 5-1104 — Arizona Code / Title 5 / Chapter 9 / Article 1 / Section 1104
5-1104 Sports authority plan; authority board powers and duties; advisory board
Status: in_force

5-1104. Sports authority plan; authority board powers and duties; advisory board

(Conditionally Rpld.)

A. The authority board shall submit a plan for the operation of the sports authority, including proposals for the construction, renovation, expansion or repair of stadiums, multipurpose facilities and youth sports facilities as provided in this chapter.  The plan shall:

1. Be developed and submitted to the board of directors within ninety days after the appointment of the initial authority board.

2. Be finalized following public hearings and meetings held in the authority.

3. Specify the general purposes for which the monies of the authority, including tax revenues pursuant to sections 5-1133 through 5-1137, will be spent during the first twenty years of the authority's operations.

B. In addition, the authority board, on behalf of the sports authority, shall:

1. Promote major league baseball spring training in the authority.

2. Acquire, construct, lease, finance, lease-purchase or otherwise obtain use of facilities for major league baseball spring training and related activities.

3. Provide grants and assistance to political subdivisions of this state and to nonprofit corporations for the development and operations of sporting activities.

4. Approve capital projects that are provided by the budget.

5. Issue revenue bonds pursuant to article 3 of this chapter.

6. Appoint from among its members a chairperson, a secretary and such other officers as may be necessary to conduct its business.

7. Employ an executive director and prescribe the terms and conditions of employment.

8. Keep and maintain a complete and accurate record of all of its proceedings.  The board is a public body for purposes of title 38, chapter 3, article 3.1 and title 39, chapter 1.

9. Provide for the use, maintenance and operation of the properties and interests owned or managed by the authority.

C. The authority board may:

1. Enter into contracts, including intergovernmental agreements under title 11, chapter 7, article 3, as necessary to carry out the purposes and requirements of this chapter.

2. Adopt administrative rules as necessary to administer and operate the authority and any property under its jurisdiction.

3. Acquire by any lawful means, other than eminent domain, and operate, maintain, encumber and dispose of real and personal property and interests in property.

4. Retain legal counsel and other consultants as necessary to carry out the purposes of the authority.

5. Enter into contracts for the lease or rental of any facility or facilities of the authority with a nonprofit community based organization that sponsors a professional or youth sporting event that provide for the payment to the organization of a ticket surcharge or facility user fee associated with parking if the authority has fully paid the current year's required principal and interest payments on any outstanding authority bonds for which these revenues were pledged pursuant to article 3 of this chapter.

D. The authority shall comply with zoning, lighting and all other laws and ordinances of the county, city or town with zoning jurisdiction over any property owned by the authority.

E. The authority board shall appoint an advisory board consisting of members representing a broad spectrum of interested parties for the purpose of advising the authority in its activities to fully perform and accomplish its purposes.
A.R.S. § 5-1140 — Arizona Code / Title 5 / Chapter 9 / Article 2 / Section 1140
5-1140 Annual audit
Status: in_force

5-1140. Annual audit

(Conditionally Rpld.)

A. The board of directors of the district shall cause an annual audit to be conducted of each of the authority's funds, accounts and subaccounts by an independent certified public accountant within one hundred twenty days after the end of the fiscal year.

B. The board shall immediately file a certified copy of the audit with the auditor general. The auditor general may make such further audits and examinations as necessary and may take appropriate action relating to the audit or examination pursuant to title 41, chapter 7, article 10.1.  If the auditor general takes no further action within thirty days after the audit is filed, the audit is considered to be sufficient.

C. The authority board shall pay negotiated and approved fees and costs of the certified public accountant and auditor general under this section from the authority's general fund.
A.R.S. § 5-302 — Arizona Code / Title 5 / Chapter 3 / Article 1 / Section 302
5-302 Application of chapter
Status: in_force

5-302. Application of chapter

A. This chapter applies to all watercraft operating on all of the waterways of this state, including that part of waters that is common to interstate boundaries and that is within the boundaries of this state, excluding vessels owned by agencies of the federal government in performance of their official duties.

B. Section 5-391, subsections G and H and sections 5-392 and 5-393 apply to all watercraft in this state, whether or not operating on waterways of this state, and includes watercraft operating on waterways that are part of water that is common to interstate boundaries and that is within the boundaries of this state.
A.R.S. § 5-553 — Arizona Code / Title 5 / Chapter 5.1 / Article 2 / Section 553
5-553 Executive director; appointment
Status: in_force

5-553. Executive director; appointment

A. An executive director appointed by the governor pursuant to section 38-211 shall exercise immediate supervision over the lottery. The director shall be a person qualified by training and experience to administer the state lottery. The director shall be appointed by the governor and shall serve at the pleasure of the governor.

B. The director shall devote his entire time and attention to the administration of the state lottery and shall not be engaged in any other profession or occupation. The director is eligible to receive compensation pursuant to section 38-611.
A.R.S. § 5-108.01 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 108.01
5-108.01 Hearing on application for or renewal of original permit; notice of hearing; decisions of commission and director; appeal; transfer of permit
Status: in_force

5-108.01. Hearing on application for or renewal of original permit; notice of hearing; decisions of commission and director; appeal; transfer of permit

A. The commission shall hold a public hearing on an original application for a racing permit or renewal of a current racing permit under this article.  At least fifteen days' notice shall be given to all permittees holding a permit, and they may appear and be heard as parties in interest upon the hearing of an application.

B. The commission may provide by rule for rehearings of any final decision of the department in accordance with section 5-104, subsection D.  Except as provided in section 41-1092.08, subsection H, the parties to the proceeding before the commission or department may commence an action in the superior court in Maricopa county after a decision of the commission or director has become final to review the decision pursuant to title 12, chapter 7, article 6.  Pending determination of the appeal, the decision and order shall remain in full force and effect, and may not be superseded.

C. The commission shall not approve an original permit to conduct a horse racing, harness racing or dog racing meeting at any place, enclosure or track not used for racing purposes pursuant to permits actually issued as authorized by law prior to February 1, 1971, unless before the beginning of construction or preparation of the place, enclosure or track the commission determines that each of the following applies:

1. The conducting of horse, harness or dog racing meetings at such place will serve the public interest, convenience or necessity.

2. The plan of racing is economically feasible.

3. The issuance of a permit is in the best interest of racing and this state generally.

D. No place, enclosure or track used for horse, harness or dog racing on or before February 1, 1971 may be used for any other type of animal racing, except that in counties with a population of less than seven hundred thousand persons as shown by the last United States census, a place, enclosure or track used for one type of animal racing may be used for any other type of animal racing.  In considering an application for a permit under this section, the commission shall give consideration to the number and location of existing tracks, the number of permits already granted and the economic effect the granting of a new permit may have on existing tracks and permittees and the revenues of this state.

E. If the owner or lessee of any place, enclosure or track used for racing purposes pursuant to permits issued as authorized by law on or before February 1, 1971 is obligated for any reason to abandon the use of the place, enclosure or track, the owner or lessee may transfer the use and rights to use the premises for racing purposes to any other location in the same county.
A.R.S. § 5-103 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 103
5-103 Commissioners; qualifications; oath; interest in racing prohibited; exception; annual report
Status: in_force

5-103. Commissioners; qualifications; oath; interest in racing prohibited; exception; annual report

A. A member of the commission shall have been a resident of this state and a qualified elector for at least five years before the governor appoints the member.

B. Before entering on the discharge of the appointee's duties, each appointee shall take the official oath.

C. A person who has a financial interest, either directly or indirectly, in a racetrack, or the operation of licensed wagering on the results of races, is not qualified for membership on the commission or appointment or employment by the commission, but this subsection does not affect the entrance into a race outside this state of a horse or dog belonging to a member, or the winning of a purse or award by a member's horse or dog.

D. A commissioner or member or a relative of the commissioner or member to the first degree of consanguinity may not have a financial interest in a licensee or permittee regulated by the division.

E. Of the five members appointed to the commission, two shall have a financial interest or substantial experience in the horse or harness racing industry.

F. Members of the commission are eligible to receive compensation pursuant to section 38-611 for each day spent in the discharge of their duties and reimbursement for all expenses necessarily and properly incurred in attending meetings of or for the commission.

G. The governor shall remove any commissioner who ceases to meet the qualifications prescribed by this section.
A.R.S. § 5-1475 — Arizona Code / Title 5 / Chapter 12 / Article 3 / Section 1475
5-1475 Characteristics of bonds; negotiability; legal investments; exemption from taxation
Status: in_force

5-1475. Characteristics of bonds; negotiability; legal investments; exemption from taxation

A. Bonds issued under this article are fully negotiable within the meaning and for all purposes of the uniform commercial code, subject only to any provisions for registration, regardless of whether the bonds actually constitute negotiable instruments under the uniform commercial code.

B. The bonds, their transfer and the income from the bonds are at all times free from taxation in this state.

C. Bonds issued under this article:

1. Are securities in which public officers and bodies of this state and of municipalities and political subdivisions of this state, all companies, associations and other persons carrying on an insurance business, all financial institutions, investment companies and other persons carrying on a banking business, all fiduciaries and all other persons who are authorized to invest in government obligations may properly and legally invest.

2. Are securities that may be deposited with public officers or bodies of this state and municipalities and political subdivisions of this state for purposes that require the deposit of government bonds or obligations.
A.R.S. § 5-350 — Arizona Code / Title 5 / Chapter 3 / Article 5 / Section 350
5-350 Personal watercraft; requirements for operation; definition
Status: in_force

5-350. Personal watercraft; requirements for operation; definition

A. A person shall not operate a personal watercraft unless each person aboard is wearing a wearable personal flotation device that is approved by the United States coast guard.

B. A person who operates a personal watercraft that is equipped by the manufacturer with a lanyard type engine cutoff switch shall attach the lanyard to his body, clothing or personal flotation device as appropriate for the specific watercraft.

C. A person shall not operate or knowingly allow another person to operate a personal watercraft under his ownership or control in a reckless or negligent manner endangering the life or property of another person. Prima facie evidence of reckless operation exists if the person commits two or more of the following acts simultaneously:

1. Operates the personal watercraft within a zone of proximity to another watercraft closer than sixty feet unless both are leaving a flat wake or are traveling at a speed of five nautical miles per hour or less.

2. Operates the personal watercraft within the vicinity of a motorboat in a manner that obstructs the visibility of either operator.

3. Heads into the wake of a motorboat that is within a zone of proximity closer than sixty feet and causes one-half or more of the length of the personal watercraft to leave the water.

4. Within a zone of proximity to another watercraft closer than sixty feet, maneuvers quickly, turns sharply or swerves, unless the maneuver is necessary to avoid a collision.

D. If equipped by the manufacturer, a person shall not operate a personal watercraft without a functioning spring-loaded throttle mechanism that immediately returns the engine to an idle speed on release of the operator's hand from the control or without any other engine cutoff feature that is installed by the manufacturer.

E. A personal watercraft shall not be loaded and operated with passengers or cargo beyond its safe carrying capacity or the manufacturer's recommended limits.

F. A person who owns, leases or hires a personal watercraft or who has charge or control over a personal watercraft shall not authorize or knowingly permit the personal watercraft to be operated in violation of this section.

G. This section does not apply to a performer who engages in a professional exhibition or to a person who participates in an officially sanctioned regatta, race, marine parade, tournament or exhibition.

H. For purposes of this section, "personal watercraft" means a watercraft that is less than sixteen feet long, propelled by machinery powering a water jet pump and designed to be operated by a person who sits, stands or kneels on rather than sitting or standing inside the watercraft.
A.R.S. § 5-1477 — Arizona Code / Title 5 / Chapter 12 / Article 3 / Section 1477
5-1477 Validity of bonds; legal opinion
Status: in_force

5-1477. Validity of bonds; legal opinion

A. This article constitutes full authority for authorizing and issuing bonds without reference to any other law of this state.  No other law with regard to authorizing or issuing obligations or that in any way impedes or restricts performing the acts authorized by this article applies to any proceedings taken or acts done pursuant to this article.

B. The validity of bonds issued under this article does not depend on and is not affected by the legality of any proceeding relating to the acquisition, construction, improvement, operation or maintenance of a stadium or multipurpose facility for which the bonds are issued.

C. The board may submit any bonds to be issued under this article to a nationally recognized bond counsel after all proceedings for authorizing the bonds have been completed.  On submission, the counsel shall examine and pass on the validity of the bonds and the regularity of the proceedings.  If the proceedings comply with this article and if the bonds, when delivered and paid for, will constitute binding and legal obligations of the authority, the counsel shall certify on the back of each bond, in substance, that it is issued according to the constitution and laws of this state and that the interest on the bonds will be exempt from state taxes as provided by law.

D. The bonds shall recite that they are regularly issued pursuant to this article. That recital, together with the legal opinion under subsection C of this section, constitutes prima facie evidence of the legality and validity of the bonds. From and after the sale and delivery of the bonds, they are incontestable by this state or the authority.
A.R.S. § 5-1320 — Arizona Code / Title 5 / Chapter 11 / Article 1 / Section 1320
5-1320 Problem gambling; self-exclusion list; program; liabilities
Status: in_force

5-1320. Problem gambling; self-exclusion list; program; liabilities

A. A licensee shall develop a procedure to inform players that help is available if a person has a problem with gambling and, at a minimum, provide the statewide toll-free helpline telephone number, text message and website information established by the department.

B. The department and licensees shall comply with the following requirements to allow problem gamblers to voluntarily exclude themselves from event wagering statewide:

1. The department shall establish a list of persons who, by acknowledging in a manner to be established by the department that they are problem gamblers, voluntarily seek to exclude themselves from event wagering statewide. The department shall establish procedures for the placement on and removal from the list of self-excluded persons. A person other than the person seeking voluntary self-exclusion may not include that person's name on the self-exclusion list of the department.

2. Event wagering operators, commercial sports license holders and limited event wagering operators shall establish procedures for advising persons who inquire about self-exclusion and offer self-exclusion application forms provided by the department to those persons when requested.

3. The department shall compile identifying information concerning self-excluded persons.  Such information shall contain, at a minimum, the full name and any aliases of the person, a photograph of the person, the social security or driver's license number of the person and the current physical and electronic contact information, including mailing address, of the person.

4. The department shall provide the compiled information to event wagering operators, commercial sports license holders and limited event wagering operators on a weekly basis. Event wagering operators, commercial sports license holders and limited event wagering operators shall treat the information received from the department under this section as confidential, and the information shall not be disclosed except to vendors approved by the department for purposes of complying with this section, appropriate law enforcement agencies if needed in conducting an official investigation or unless ordered by a court of competent jurisdiction.

5. Event wagering operators, commercial sports license holders and limited event wagering operators shall check the most recent self-excluded persons list provided by the department before creating a player account.  The event wagering operator, commercial sports license holder or limited event wagering operator shall revoke a player account and remove all self-excluded persons from all mailing lists of the event wagering operator, commercial sports license holder or limited event wagering operator.

6. Event wagering operators, commercial sports license holders and limited event wagering operators shall take commercially reasonable steps to ensure that persons on the department's list of self-excluded persons are denied access to all event wagering.

7. Event wagering operators, commercial sports license holders and limited event wagering operators shall take commercially reasonable steps to identify self-excluded persons.  If a self-excluded person participates in event wagering, the event wagering operator, commercial sports license holder and limited event wagering operator shall report to the department, at a minimum, the name of the self-excluded person, the date of participation, the amount or value of any monies, prizes or awards forfeited, if any, and any other action taken.  The report shall be provided to the department within twenty-four hours of discovery.

C. Event wagering operators, commercial sports license holders and limited event wagering operators may not pay any prize or award to a person who is on the department's self-exclusion list.  Any prize or award won by a person on the self-exclusion list shall be forfeited and shall be donated by the event wagering operator, commercial sports license holder or limited event wagering operator to the department's division of problem gambling on a quarterly basis by the twenty-fifth day of the following month.

D. Notwithstanding any other provision of this chapter, the department's list of self-excluded persons is not open to public inspection.

E. Event wagering operators, commercial sports license holders and limited event wagering operators shall develop and maintain a program to mitigate problem gambling and curtail compulsive gambling, which may be in conjunction with the department.

F. Before paying a person a payout of winnings that triggers the licensee's obligation to file a form W-2G or a substantially equivalent form with the United States internal revenue service, the event wagering facility operator shall check to determine if the person is identified as having a past-due, setoff obligation in the information provided to the department of gaming on a weekly basis by the administrative office of the courts or in the information provided on a monthly basis by the department of economic security division of child support enforcement, department of economic security supplemental nutrition assistance program and assistance overpayment and the Arizona health care cost containment system administration.  The department of gaming shall provide to the event wagering facility operator information of persons with outstanding obligations. Subsequent to statutory state and federal tax withholding, if a person receives a payout of winnings that triggers the licensee's obligation to file a form W-2G or a substantially equivalent form with the United States internal revenue service and is identified, the event wagering facility operator shall withhold the full amount of the winnings or such portion of the winnings that satisfies the person's past-due, setoff obligation and forward those monies to the identifying agency.  The event wagering facility operator shall disburse to the person only that portion of the prize, if any, remaining after the person's identified obligations have been satisfied. If the identified person is also self-excluded, tax liabilities and setoff obligations are to be satisfied before any monies are donated to the department's division of problem gambling. If the identified person has multiple liabilities, they shall be satisfied in this order:

1. Child support enforcement.

2. Supplemental nutrition assistance program and assistance overpayment.

3. The courts.

4. The Arizona health care cost containment system administration.

G. This section does not waive an Indian tribe's sovereign immunity from a suit by a person listed and whose winnings are withheld for an identified obligation.
A.R.S. § 5-706 — Arizona Code / Title 5 / Chapter 7 / Article 1 / Section 706
5-706 Release of liability
Status: in_force

5-706. Release of liability

In any action brought by a skier against a ski area operator, if the ski area operator proves that the skier signed a valid release, the ski area operator's liability shall be determined by the terms of the release.
A.R.S. § 5-1472 — Arizona Code / Title 5 / Chapter 12 / Article 3 / Section 1472
5-1472 Investment of monies in the debt service account
Status: in_force

5-1472. Investment of monies in the debt service account

A. The board may authorize the authority's fiscal agent to invest and reinvest any monies in the debt service account as provided by section 5-1473.

B. The order directing an investment shall state a date on which the monies and other resources in the debt service account will be needed for use, and the fiscal agent shall make the investment in such a way as to mature on or before the specified date.

C. All monies earned as interest or otherwise derived from the investment of the monies in the debt service account shall be credited as described in the authorizing resolution.
A.R.S. § 5-1132 — Arizona Code / Title 5 / Chapter 9 / Article 2 / Section 1132
5-1132 General fund; investments
Status: in_force

5-1132. General fund; investments

(Conditionally Rpld.)

A. The authority shall maintain a general fund and may establish accounts and subaccounts within the general fund as necessary and convenient. All revenues and monies received by the authority shall initially be deposited in the general fund.

B. The authority may invest any unexpended monies in the fund as provided in title 35, chapter 2.  Interest and other income from investments of monies in any account shall be credited to that account except as otherwise provided by law.

C. The authority's investments must mature when the fund assets will be required for the purposes of this chapter.  If the liquid assets in the fund or any account or subaccount become insufficient to meet the statutory obligations, the authority board shall direct the authority's fiscal agent to liquidate sufficient securities to meet all of the current obligations and immediately notify the district board of directors and the auditor general of the insufficiency.  The auditor general shall investigate and audit the circumstances surrounding the depletion of the fund, account or subaccount and report the findings to the authority board and the board of directors.
A.R.S. § 5-399.01 — Arizona Code / Title 5 / Chapter 3 / Article 11 / Section 399.01
5-399.01 Abandoned watercraft; notice of intent to transfer ownership
Status: in_force

5-399.01. Abandoned watercraft; notice of intent to transfer ownership

A. On receipt of a report as required by this article, the director shall determine the names and addresses of the owner and lienholder, if known, or any other person identified on the department's record who may have an interest in the watercraft by either:

1. Searching the department records.

2. Asking the watercraft registration agency of another state if the watercraft is registered in that state.

B. On receipt of information from reports pursuant to section 5-399 and after determining the names and addresses of the owner and lienholder, if known, or any other person identified on the department's record who may have an interest in the watercraft, the director shall notify all interested persons by mail within five business days for a watercraft with a record in this state or within thirty days for all other watercraft.  The notice shall include:

1. A complete description of the watercraft.

2. A notice of intent to transfer ownership of the watercraft to the towing company in possession of the watercraft if within thirty days from the date indicated in the notification by the department the owner or lienholder, if known, or a person who has an interest in the watercraft does not notify the department of the owner's, lienholder's, if known, or person's interest in the watercraft and claim the watercraft.

3. The watercraft's hull identification number.

4. The state issued registration number assigned to the watercraft.

5. The place from which and date the watercraft was towed.

6. The storage location of the watercraft.

C. If the records of the department or out of state jurisdiction do not disclose the names and addresses of the owner and lienholder, if any, or any other person identified on the department's record who may have an interest in the watercraft, or if the notice is returned marked unclaimed or address unknown, the department shall publish a notice of the intent of the director to transfer ownership of the towed watercraft pursuant to this article once in a newspaper or other publication of general circulation in the county in which the watercraft was towed.  The published notice shall include a statement of the intent of the director to transfer ownership of the watercraft after ten days of the published notice and the department shall make available to the public a complete description of abandoned watercraft subject to transfer of ownership.

D. The towing company that filed the report shall notify the director within twenty-four hours and in the manner prescribed by the director if the watercraft is released or returned to or redeemed or repossessed by the lawful owner or lienholder, if any, or any other known person who is identified on the department's record who may have an interest in the watercraft.
A.R.S. § 5-1176 — Arizona Code / Title 5 / Chapter 9 / Article 3 / Section 1176
5-1176 Effect of changing circumstances on bonds; agreement of state
Status: in_force

5-1176. Effect of changing circumstances on bonds; agreement of state

(Conditionally Rpld.)

A. Bonds issued under this article remain valid and binding obligations of the authority notwithstanding that before the delivery of the bonds any person whose signature appears on the bonds ceases to be an officer of the authority.

B. An amendment of any provision in this chapter does not diminish or impair the validity of bonds issued under this article or the remedies and rights of bondholders.

C. This state pledges to and agrees with the holders of the bonds authorized by this article that this state will not limit, alter or impair the rights vested in the authority to receive the monies necessary to fulfill the terms of any agreements made with the holders of the bonds, or in any way impair the rights and remedies of the bondholders, until all bonds issued under this article, together with interest on the bonds, interest on any unpaid installments of principal or interest and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders, are fully met and discharged.  The authority board, as agent for this state, may include this pledge and undertaking in its resolutions and indentures authorizing and securing its bonds.
A.R.S. § 5-225 — Arizona Code / Title 5 / Chapter 2 / Article 2 / Section 225
5-225 Regulation of boxing contests, tough man contests and mixed martial arts; fees
Status: in_force

5-225. Regulation of boxing contests, tough man contests and mixed martial arts; fees

A. All boxing contests are subject to this chapter and to rules adopted pursuant to this chapter.  The commission, for every contest that is subject to regulation by the commission, shall:

1. Direct a person authorized by the commission or by the executive director to be present.

2. Direct the person authorized to report results, including suspensions, to a national registry.

B. All tough man contests, including amateur tough man contests, are subject to this chapter.  Every combatant in a tough man contest shall wear headgear approved by the commission.

C. Mixed martial arts, including amateur mixed martial arts, are subject to this chapter and to rules adopted pursuant to this chapter, including rules adopted for boxing that are not inconsistent with specific mixed martial arts contest provisions and rules.  Combatants in mixed martial arts shall not strike other combatants in the spinal column or in the back of the head.  The commission may use rules for mixed martial arts that are consistent with the mixed martial arts unified rules adopted by a boxing commission or any alternative rules of mixed martial arts approved by another jurisdiction within the United States. This subsection does not prevent a promoter of a mixed martial arts event in this state from adopting more restrictive rules for that particular event than would otherwise be allowed. In addition to any applicable provisions of the mixed martial arts rules adopted by the commission, amateur mixed martial arts bouts shall consist of three rounds of three minutes per round and the amateur combatants shall not strike with elbows to the head of a grounded opponent, use twisting leg submissions, use linear kicks to the knee joint or use foot stomps. Amateur mixed martial arts bouts shall be clearly designated as such in all promotional materials and at the event.

D. The commission may establish a uniform nonrefundable fee for mixed martial arts and boxing events in an amount determined by the commission that shall be paid to the commission by a promoter when submitting an event application.  In determining the amount of the fee, the executive director may consider factors, including whether the event is televised, whether the event will be transmitted on pay-per-view, the amount of time likely to be expended in processing the event application and the complexity of the application. The commission may establish a nonrefundable fee that shall be paid to the commission by a promoter if the promoter submits a request to change a previously approved event date.  Monies that are derived from the fees charged pursuant to this subsection and monies derived from intergovernmental tribal agreements shall be available to the commission for the administration and regulation of mixed martial arts and boxing, and those monies are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

E. Weigh-ins for all contests shall not be more than one calendar day before the scheduled time of the event or less than three hours before the scheduled time of the event.  A representative of the commission shall attend and supervise all weigh-ins.
A.R.S. § 5-321 — Arizona Code / Title 5 / Chapter 3 / Article 3 / Section 321
5-321 Numbering; registration fees; exemption from taxation; penalty; procedures
Status: in_force

5-321. Numbering; registration fees; exemption from taxation; penalty; procedures

A. Except as provided in section 5-322, the owner of each motorized watercraft requiring numbering by this state shall file an application for a registration number with the department, or its agent, on forms approved by the department.  Except as provided by rule adopted by the commission, the application shall be signed by the owner of the motorized watercraft and shall be accompanied by a registration fee.  After the effective date of this amendment to this section, the commission shall establish by rule a registration fee for each motorized watercraft requiring numbering by this state.

B. Pursuant to article IX, section 16, Constitution of Arizona, watercraft are exempt from ad valorem property tax and from license taxes in lieu of property tax.

C. The length of the motorized watercraft shall be measured from the most forward part of the bow excluding the bowsprit or jibboom, over the centerline to the rearmost part of the transom excluding sheer, outboard motor, rudder, handles or other attachments.

D. The commission may assess an additional registration fee, to be collected at the same time and in the same manner as the registration fee imposed by subsection A of this section.  The amount of the additional fee shall be determined by the commission and may be imposed in different amounts with respect to resident and nonresident owners. An additional registration fee under this subsection is to be used solely for the purpose of the lower Colorado river multispecies conservation program under section 48-3713.03.

E. On receipt of the application in approved form with the applicable fees, the department or its agent shall enter the application on the records of its office and issue to the applicant two current annual decals and a certificate of number stating the number issued to the watercraft and the name and address of the owner.  The owner shall display the assigned number and the current annual decals in such manner as may be prescribed by rules of the commission. The number and decals shall be maintained in legible condition.  The certificate of number or commission approved proof of valid certificate of number, except as provided in section 5-371, shall be available at all times for inspection by a peace officer whenever the watercraft is in operation.  No number issued by another state or the United States coast guard, unless granted exemption or exception pursuant to this chapter, shall be displayed on the watercraft.

F. No person may operate a motorized watercraft on the waterways of this state unless the watercraft displays the assigned number and current annual decals or the person is in possession of a valid thirty-day temporary registration as prescribed by this article.

G. No motorized watercraft shall be purchased, sold or otherwise transferred without assignment by the owner of the current numbering certificate or other documentation as may be prescribed by rules of the commission.  Within fifteen days after such transfer, the person to whom such transfer is made shall make application to the department to have the motorized watercraft registered in the person's name by the department, for which the department shall charge a transfer fee as prescribed in rule by the commission. The department shall not issue or transfer a numbering certificate for a motorized watercraft to a person who is subject to the use tax under title 42, chapter 5, article 4 unless the applicable tax has been paid as shown by a receipt from the collecting officer.  Persons doing business as marine dealers and licensed as such by this state are not required to register in their name any watercraft in their possession that may be offered for resale.

H. In the event of the loss or destruction of the certificate of number or annual decal, the department shall issue a duplicate to the owner on payment of a fee as prescribed in rule by the commission.

I. The department may issue any certificate of number directly or may authorize any person to act as agent for the issuance of the certificate of number in conformity with this chapter and with any rules of the commission. An agent that contracts with the commission to renew certificates of number by telecommunication may impose additional fees for the services as provided in the contract.

J. The owner shall furnish to the department notice of the transfer of all or any part of the owner's interest other than the creation of a security interest in a motorized watercraft numbered in this state pursuant to this chapter or of the destruction or abandonment of such watercraft within fifteen days. Such transfer, destruction or abandonment shall terminate the certificate of number of such watercraft, except that in the case of a transfer of a part interest that does not affect the owner's right to operate such watercraft, the transfer shall not terminate the certificate of number.

K. Any holder of a certificate of number shall notify the department within fifteen days if the holder's address no longer conforms to the address appearing on the certificate and, as a part of such notification, shall furnish the department with the holder's new address.  The commission may provide in its rules for the surrender of the certificate bearing the former address and its replacement with a certificate bearing the new address or the alteration of an outstanding certificate to show the new address of the holder.

L. On renewal of any motorized watercraft registration that has not been renewed by the current expiration date, the department shall assess a penalty unless the watercraft ownership has been transferred and the watercraft was not registered subsequent to the expiration date. The commission shall establish the penalty by rule.  If more than twelve months have lapsed since the expiration date of the last registration or renewal, the penalty and back fees are waived.
A.R.S. § 5-383 — Arizona Code / Title 5 / Chapter 3 / Article 8 / Section 383
5-383 Law enforcement and boating safety fund; boating law enforcement, personnel, equipment and training funding to counties
Status: in_force

5-383. Law enforcement and boating safety fund; boating law enforcement, personnel, equipment and training funding to counties

A. A law enforcement and boating safety fund is established that consists of monies distributed to the fund pursuant to sections 5-323, 5-395.01, 5-395.03, 5-396 and 5-397. The monies are subject to legislative appropriation.

B. Only a board of supervisors of a county that has a law enforcement and boating safety program that was in existence before July 1, 1990 shall be eligible to receive law enforcement and boating safety fund monies.

C. The state treasurer shall administer the fund. Using an allocation formula as determined annually by the commission, the state treasurer shall distribute monies monthly from the law enforcement and boating safety fund to eligible counties as prescribed in subsection B of this section.

D. In determining the allocation formula, the commission may consider the following:

1. The adequacy of existing county boating safety programs that include accident investigations.

2. The number of recreational days of use on water within the jurisdiction of the counties in areas of administrative authority.

3. The surface acreage of water within the jurisdiction of the counties in areas of administrative authority.

4. The county water safety record.

5. The ability of the county to constructively use additional monies.

6. The ratio of boating use to water surface within the jurisdiction of the counties in areas of administrative authority.

7. The ability of participating counties to provide continued funding of the program.

8. Annual input and feedback from the county boards of supervisors receiving funds.

9. Boat accident data for the waterways within the jurisdiction of the county.

E. The monies distributed to a county board of supervisors shall be used by the law enforcement agencies of the county solely for boating law enforcement, personnel, equipment and training.
A.R.S. § 5-1466 — Arizona Code / Title 5 / Chapter 12 / Article 3 / Section 1466
5-1466 Debt service account
Status: in_force

5-1466. Debt service account

A. If the authority issues bonds under this article, the board shall establish a debt service account within the general fund consisting of monies designated and dedicated by the board for repayment of the bonds and payment of costs and related expenses associated with redeeming the bonds.

B. Monies in the debt service account may be used only for the purposes authorized by this article.

C. The authority's fiscal agent shall administer and account for the debt service account.
A.R.S. § 5-333 — Arizona Code / Title 5 / Chapter 3 / Article 4 / Section 333
5-333 Classification of watercraft; lights
Status: in_force

5-333. Classification of watercraft; lights

A. Watercraft subject to the provisions of this chapter shall be divided into four classes as follows:

1. Class A. Less than sixteen feet in length.

2. Class 1. Sixteen feet or over and less than twenty-six feet in length.

3. Class 2. Twenty-six feet or over and less than forty feet in length.

4. Class 3. Forty feet or over and not more than sixty-five feet in length.

B. Every motorboat, in all weather from sunset to sunrise, shall carry and exhibit the following lights when underway and, during such time, no other lights which may be mistaken for those prescribed shall be exhibited:

1. Every motorboat of classes A and 1 shall carry the following lights:

(a) A bright white light aft to show all around the horizon.

(b) A combined light in the fore part of the watercraft and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to two points (22 1/2 o) abaft the beam on their respective sides.

2. Every motorboat of classes 2 and 3 shall carry the following lights:

(a) A bright white light in the fore part of the watercraft as near the stem as practicable, so constructed as to show the unbroken light over an arc of the horizon of twenty points (225 o) of the compass, so fixed as to throw the light ten points (112 1/2 o) on each side of the watercraft, namely, from right ahead to two points (22 1/2 o) abaft the beam on either side.

(b) A bright white light aft, mounted higher than the white light forward, to show all around the horizon.

(c) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of ten points (112 1/2 o) of the compass, so fixed as to throw the light from right ahead to two points (22 1/2 o) abaft the beam on the starboard side. On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of ten points (112 1/2 o) of the compass, so fixed as to throw the light from right ahead to two points (22 1/2 o) abaft the beam on the port side. The side lights shall be fitted with inboard screens so set as to prevent these lights from being seen across the bow.

3. Motorboats of classes A and 1 when propelled by sail alone shall exhibit the combined light prescribed by paragraph 1 of this subsection and a twelve point (135 o) white light aft. Motorboats of classes 2 and 3, when so propelled, shall exhibit the colored side lights, suitably screened as prescribed by paragraph 2 of this subsection and a twelve point (135 o) white light aft.

4. Every white light prescribed by this section shall be of such character as to be visible at a distance of at least two miles. Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least one mile. The word "visible" in this subsection, when applied to lights, shall mean visible on a dark night with clear atmosphere.

5. When propelled by sail and machinery, every motorboat shall carry the lights required by this section for a motorboat propelled by machinery only.

6. All other watercraft over sixty-five feet in length and those propelled solely by wind effect on the sail shall display lights prescribed by the federal regulations.

C. Manually propelled watercraft shall carry, ready at hand, a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision. Manually propelled watercraft used on the waters of this state where power driven watercraft are prohibited are exempt from the provisions of this section.

D. Any watercraft may carry and exhibit the lights required by the international rules of the road as adopted by the federal regulations for preventing collisions at sea, 1960, federal act of September 24, 1963, (33 USC 1051-1053 and 1061-1064) as amended, in lieu of the lights required by subsection B of this section.

E. All watercraft, when anchored, other than in a special anchorage area, shall, from sunset to sunrise, carry and display a steady white light visible all around the horizon for a distance of no less than two miles.

F. No watercraft may display a blue light of any size or type unless it is either an authorized law enforcement watercraft of the federal, state or local government actually engaged in the enforcement of this chapter or an emergency watercraft.
A.R.S. § 5-814 — Arizona Code / Title 5 / Chapter 8 / Article 1 / Section 814
5-814 Monthly report; appearance before joint legislative budget committee
Status: in_force

5-814. Monthly report; appearance before joint legislative budget committee

A. Within three weeks after the end of each calendar month the authority shall prepare a report signed by the executive director of the authority and transmit the report to the governor, the legislature, as provided by section 41-1178, and the joint legislative budget committee.  The report shall include a progress report of the activities of the authority during the previous month.

B. At the request of the chairman of the joint legislative budget committee, the executive director shall appear before the joint legislative budget committee annually to report on the activities and financial performance of the authority during the previous year.
A.R.S. § 5-531 — Arizona Code / Title 5 / Chapter 5.1 / Article 1 / Section 531
5-531 Definitions
Status: in_force

5-531. Definitions

In this article, unless the context otherwise requires:

1. "Bond related expenses" means any expenses incurred by the director to issue and administer the bonds, including underwriting fees and costs, trustee fees, financial consultant fees, printing and advertising costs, paying agent fees, transfer agent fees, legal, accounting, feasibility consultant and other professional fees and expenses, bond insurance or other credit enhancements or liquidity facilities, attorney and accounting fees and expenses related to credit enhancement, bond insurance or liquidity enhancement, remarketing fees, rating agency fees and costs, travel and telecommunications expenses and all other fees considered necessary by the director in order to market and administer the bonds.

2. "Bond related obligations" means any agreement or contractual relationship between the director and any bank, trust company, insurance company, surety bonding company, pension fund or other financial institution providing increased credit on, or security for, the bonds or liquidity for secondary market transactions and any agreement to fund or replenish reserves for the bonds.

3. "Bonds" means any bonds issued pursuant to this article.

4. "Department" means the department of administration.

5. "Director" means the director of the department of administration.
A.R.S. § 5-562.01 — Arizona Code / Title 5 / Chapter 5.1 / Article 2 / Section 562.01
5-562.01 Prosecution; payment of costs
Status: in_force

5-562.01. Prosecution; payment of costs

A. The attorney general and county attorneys have concurrent prosecution authority for any offense arising out of or in connection with the formation, management, operation or conduct of the state lottery.

B. The director shall include, as an expense of the commission, all costs incurred by the attorney general or a county attorney as a result of prosecution of a person for a violation of the provisions of this article or for any violation directly or indirectly related to the state lottery operation. The director shall authorize reimbursement of prosecution costs on presentation of a certified invoice signed by the attorney general or a county attorney.

C. As used in this section prosecution costs may include but are not limited to costs for personnel, expenses, fees and other costs necessary in the preparation and prosecution of a person charged with a violation of the provisions of this article.
A.R.S. § 5-537 — Arizona Code / Title 5 / Chapter 5.1 / Article 1 / Section 537
5-537 Bond purchase; cancellation
Status: in_force

5-537. Bond purchase; cancellation

The director may purchase bonds for cancellation out of any monies available for the purchase, at a price of not more than either of the following:

1. If the bonds are redeemable at the time of the purchase, the applicable redemption price plus accrued interest to the next interest payment date on the bonds.

2. If the bonds are not redeemable at the time of the purchase, the applicable redemption price on the first date after the purchase on which the bonds become subject to redemption plus accrued interest to that date.
A.R.S. § 5-602 — Arizona Code / Title 5 / Chapter 6 / Article 1 / Section 602
5-602 Gaming certification and enforcement; powers; duties; deputy director
Status: in_force

5-602. Gaming certification and enforcement; powers; duties; deputy director

A. The department of gaming shall certify, as provided in tribal-state compacts, prospective gaming employees, facility support employees, tribal gaming office employees, financiers, management contractors, providers of gaming services and manufacturers and distributors of gaming devices to ensure that unsuitable individuals or companies are not involved in Indian gaming permitted under the tribal-state compacts.  In carrying out the duties prescribed in this section, the department shall seek to promote the public welfare and public safety and shall seek to prevent corrupt influences from infiltrating Indian gaming.

B. Certification pursuant to this chapter is a privilege and not a right.

C. The department of gaming shall execute the duties of this state under the tribal-state compacts in a manner that is consistent with this state's desire to have extensive, thorough and fair regulation of Indian gaming permitted under the tribal-state compacts.

D. The department of gaming shall establish a certification and enforcement unit charged with the investigative duties relevant to tribal-state compacts, including applications for certification, investigations and enforcement, and such other duties as the director of the department of gaming prescribes.

E. To determine the suitability of prospective applicants for any tribal gaming license or state certification, each applicant shall furnish a full set of fingerprints and such fingerprints shall be submitted to the department of public safety for a criminal records check. Each applicant's fingerprints shall also be submitted by the department of public safety to the federal bureau of investigation for a federal criminal records check. The department of gaming is authorized to receive criminal records information from the department of public safety and from the federal bureau of investigation for the purpose of evaluating the fitness of applicants for any tribal gaming license, state certification or renewal.

F. Hearings shall be conducted pursuant to title 41, chapter 6, article 10.  Except as provided in section 41-1092.08, subsection H, any party who is aggrieved by a final order or decision of the director of the department of gaming may seek judicial review pursuant to title 12, chapter 7, article 6.

G. The director of the department of gaming may issue subpoenas for the attendance of witnesses and the production of books, records and documents necessary for the enforcement of this article and the tribal-state compacts.  These subpoenas shall be served and enforced in a manner consistent with title 41, chapter 6, article 10.

H. The director of the department of gaming may establish the position of deputy director of the department of gaming.  The deputy director of the department of gaming position is exempt from title 41, chapter 4, articles 5 and 6.  Persons holding the position of deputy director of the department of gaming are eligible to receive compensation pursuant to section 38-611.

I. The director of the department of gaming may enter into a contract or agreement with any public agency for any joint and cooperative action as provided in title 11, chapter 7, article 3.

J. The department of gaming may investigate violations of section 13-3306 that occur on non-Indian lands in this state and may cooperate with appropriate law enforcement authorities and prosecutorial agencies in the investigation and prosecution of these violations.
A.R.S. § 5-107.02 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 107.02
5-107.02 Qualification for eligibility of racing meeting operator
Status: in_force

5-107.02. Qualification for eligibility of racing meeting operator

No person, association or corporation is eligible to operate a racing meeting with a permit issued under this chapter unless he is an owner or the lessee of the track named in the permit. A permit shall not be issued to any corporation or association unless the corporation or association in its application for the permit has specifically named the manager who will operate the racing meeting, has supplied the department with all relevant information concerning this manager including his relationship with the corporation or association, any previous experience in the racing field, and any other relevant and material information the commission may have requested, and has obtained the commission's approval of the manager so named in the application.
A.R.S. § 5-327 — Arizona Code / Title 5 / Chapter 3 / Article 3 / Section 327
5-327 Nonresident boating safety infrastructure fees
Status: in_force

5-327. Nonresident boating safety infrastructure fees

A. In accordance with section 5-326, the commission shall assess a nonresident boating safety infrastructure fee for each watercraft registered in this state by a nonresident as defined in section 5-301. The fees assessed pursuant to this section shall be paid in addition to the fees required pursuant to section 5-321.

B. For the purposes of section 5-326, subsection A, the commission shall establish nonresident boating safety infrastructure fees.  After the effective date of this amendment to this section, the commission shall establish by rule a nonresident boating safety infrastructure fee for each watercraft registered in this state by a nonresident.

C. The length of the motorized watercraft shall be measured in the same manner prescribed in section 5-321, subsection C.

D. Unless the person or watercraft qualifies for an exemption pursuant to section 5-326, no person who is subject to this section shall operate or grant permission to operate a watercraft within the boundaries of this state unless that watercraft displays a valid nonresident boating safety infrastructure decal in conformance with the rules adopted pursuant to section 5-326.
A.R.S. § 5-558 — Arizona Code / Title 5 / Chapter 5.1 / Article 2 / Section 558
5-558 Studies and investigations
Status: in_force

5-558. Studies and investigations

A. The director shall conduct an ongoing study and investigation of the lottery for the following purposes:

1. To ascertain any defects in this chapter or in the rules through which any abuses in the administration and operation of the lottery or any evasion of this chapter or the rules may arise or be practiced.

2. To formulate recommendations for changes in this chapter.

3. To guard against the use of this chapter and the rules as a cloak for organized gambling and crime.

4. To insure that this chapter and the rules are in a form and are administered to serve the true purposes of this chapter.

B. The director shall conduct an ongoing study and investigation of the operation and the administration of lottery laws in effect in other states or countries, any literature on the subject that may be published or available, any federal laws that may affect the operation of the lottery and the reaction of citizens to existing and potential features of the lottery with a view to recommending or effecting changes that will tend to serve the purposes of this chapter.
A.R.S. § 5-1321 — Arizona Code / Title 5 / Chapter 11 / Article 1 / Section 1321
5-1321 Conditional enactment; notice
Status: in_force

5-1321. Conditional enactment; notice

A. This chapter does not become effective unless and before each Indian tribe with a gaming facility in Pima county and each Indian tribe with a gaming facility in the Phoenix metropolitan area, as defined in the 2021 compact amendment, has entered into a 2021 gaming compact amendment and notice of the United States secretary of the interior's approval or approval by operation of law has been published in the federal register.

B. The department shall notify the director of the Arizona legislative council in writing of the date on which the condition was met.
A.R.S. § 5-1467 — Arizona Code / Title 5 / Chapter 12 / Article 3 / Section 1467
5-1467 Securing principal and interest
Status: in_force

5-1467. Securing principal and interest

In connection with issuing bonds authorized by this article and to secure the principal and interest on the bonds, the board by resolution may:

1. Pledge for the payment of principal and interest on the bonds all or part of the revenues and other monies received by the authority and deposited in the general fund or any account or subaccount of the general fund.

2. Pledge and assign to or in trust for the benefit of the holder or holders of the bonds all or part of the monies in the debt service account or any other account or subaccount as necessary to secure and pay the principal, the interest and any premium on the bonds as they come due.

3. Segregate the debt service account into one or more subaccounts and provide that bonds issued under this article may be secured by a lien on all or part of the monies paid into the debt service account or into any subaccount in the debt service account.

4. Establish priorities among bondholders based on criteria adopted by the board.

5. Set aside, regulate and dispose of reserves and sinking accounts.

6. Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent to and the manner in which the consent may be given.

7. Provide for payment of bond-related expenses from the proceeds of the sale of the bonds or other revenues available to the board.

8. Provide for the services of trustees, cotrustees, agents and consultants and other specialized services with respect to the bonds.

9. Take any other action that in any way may enhance the security and protection of the bonds or interest on the bonds.
A.R.S. § 5-601 — Arizona Code / Title 5 / Chapter 6 / Article 1 / Section 601
5-601 Gambling on Indian reservations; tribal-state compacts; tribal-state compact fund
Status: in_force

5-601. Gambling on Indian reservations; tribal-state compacts; tribal-state compact fund

A. Notwithstanding any other law, this state, through the governor, may enter into negotiations and execute tribal-state compacts with Indian tribes in this state pursuant to the Indian gaming regulatory act of 1988 (P.L. 100-497; 102 Stat. 2467; 25 United States Code sections 2701 through 2721 and 18 United States Code sections 1166 through 1168).  Notwithstanding the authority granted to the governor by this subsection, this state specifically reserves all of its rights, as attributes of its inherent sovereignty, recognized by the tenth and eleventh amendments to the United States Constitution.  The governor shall not execute a tribal-state compact which waives, abrogates or diminishes these rights.

B. Tribal-state gaming compacts shall prohibit persons under twenty-one years of age from wagering on gaming activities conducted pursuant to the compact as follows:

1. Beginning on June 1, 2003, any tribal-state gaming compact that is executed, modified, extended or renewed pursuant to this section shall include a provision that prohibits persons who are under twenty-one years of age from wagering on gaming activities.

2. Any tribal-state gaming compact that is executed, modified, extended or renewed pursuant to this section from and after July 18, 2000 but before June 1, 2003 shall include a provision that prohibits persons who are under twenty-one years of age from wagering on gaming activities, except that the provision shall not take effect until June 1, 2003.

C. The governor shall not concur in any determination by the United States secretary of the interior that would permit gaming on lands acquired after October 17, 1988 pursuant to 25 United States Code section 2719.

D. The department of gaming is authorized to carry out the duties and responsibilities of the state gaming agency in compacts executed by the state and Indian tribes of this state pursuant to the Indian gaming regulatory act.

E. In carrying out its duties under tribal-state gaming compacts, the department of gaming is exempt from the rule making requirements of title 41, chapter 6.

F. Indian tribes of this state that have executed compacts with the state shall pay to the department of gaming their share of the regulatory costs necessary to carry out the duties required by any executed tribal-state compact authorized by the Indian gaming regulatory act.  The department of gaming shall collect from each of the tribes that have executed a compact with the state their share of the costs incurred by the department pursuant to this chapter. The dates and methods of payment shall be as specified in the tribal-state compacts.

G. A permanent tribal-state compact fund is established consisting of monies received pursuant to subsection F of this section and other monies received pursuant to this chapter.  The department of gaming shall administer the fund.  The director of the department of gaming shall make an annual report to the governor, the president of the senate, the speaker of the house of representatives and each tribe which has executed a compact with the state disclosing in detail the activities of the department of gaming pursuant to this chapter, including a full and complete statement of revenues deposited in and expenditures from the permanent tribal-state compact fund.  The director shall provide a copy of this report to the secretary of state.  Monies paid by the tribes shall only be used for reimbursement of administrative and regulatory expenses incurred by the department pursuant to this chapter.

H. Monies deposited in the permanent tribal-state compact fund are subject to legislative appropriation.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

I. Any tribal-state gaming compact that is executed, modified, extended or renewed pursuant to this section shall include provisions that do all of the following:

1. Establish guidelines on automated teller machine use and on the use of credit cards or other forms of credit in gaming facilities.

2. Require the Indian tribe to post at all public entrances and exits to the gaming facilities signs that state that help is available if a person has a problem with gambling and the statewide toll-free crisis hotline telephone number, established by the Arizona state lottery commission.

3. Prohibit gaming facility advertising and marketing that specifically appeal to minors.  The provisions shall include guidelines for determining acceptable advertising and marketing.

4. Establish guidelines for the effective treatment and prevention of problem and pathological gambling.

5. Establish guidelines for voluntary ban procedures from all gaming facilities in the state, including but not limited to prohibiting the use of check cashing services, automatic teller machines, credit cards or other forms of credit offered at a gaming facility.  A third person may not request a ban on behalf of another person.
A.R.S. § 5-131 — Arizona Code / Title 5 / Chapter 1 / Article 2 / Section 131
5-131 Compact; authority to join
Status: in_force

5-131. Compact; authority to join

The department of gaming and the racing commission may join with other states in an interstate compact on licensure of participants in live racing with pari-mutuel wagering as follows:

Article I

Rights and Responsibilities of Each Party State

Section 1. Rights and responsibilities of each party state.

A. By enacting this compact, each party state:

1. Agrees to accept the decisions of the compact committee regarding the issuance of compact committee licenses to participants in live racing pursuant to the committee's licensure requirements.

2. Agrees not to treat a notification to an applicant by the compact committee that the compact committee will not be able to process the application further as the denial of a license, or to penalize such an applicant in any other way based solely on such a decision by the compact committee.

3. Reserves the right:

(a) To charge a fee for the use of a compact committee license in that state.

(b) To apply its own standards in determining whether, on the facts of a particular case, a compact committee license should be suspended or revoked.

(c) To apply its own standards in determining licensure eligibility, under the laws of that party state, for categories of participants in live racing that the compact committee determines not to license and for individual participants in live racing who do not meet the licensure requirements of the compact committee.

(d) To establish its own licensure standards for the licensure of nonracing employees at pari-mutuel racetracks and employees at separate satellite wagering facilities.

B. Any party state that suspends or revokes a compact committee license, through its racing commission or its equivalent or otherwise, shall promptly notify the compact committee of that suspension or revocation.

C. A party state shall not be held liable for the debts or other financial obligations incurred by the compact committee.

D. The department of gaming may adopt rules to carry out the purposes of this section.

Article II

Construction and Severability

Section 2. Construction and severability.

This compact shall be liberally construed so as to effectuate its purposes.  The provisions of this compact shall be severable, and, if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of the United States or of any party state, or the applicability of this compact to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and its applicability to any government, agency, person or circumstance shall not be affected thereby.  If all or some portion of this compact is held to be contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

Article III

Definitions

For the purposes of this compact:

1. "Compact committee" means the organization of officials from the party states that is authorized and empowered by the compact to carry out the purposes of this compact.

2. "Official" means the appointed, elected, designated or otherwise duly elected representative of a racing commission or the equivalent thereof in a party state who represents that party as a member of the compact committee.

3. "Participants in live racing" means participants in live racing with pari-mutuel wagering in the party states.

4. "Party state" means each state that has enacted this compact.

5. "State" means each of the several states of the United States, the District of Columbia, the Commonwealth of Puerto Rico and each territory or possession of the United States.
A.R.S. § 5-402 — Arizona Code / Title 5 / Chapter 4 / Article 1 / Section 402
5-402 Licensing authority; powers; duties
Status: in_force

5-402. Licensing authority; powers; duties

The department of revenue is designated as the "licensing authority" of this article. The department of revenue shall be in charge of enforcement of the terms and provisions of this article and, as state licensing authority, it shall:

1. Grant or refuse licenses under this article. In addition, the licensing authority shall have the power on its own motion based on reasonable grounds or on a complaint made and after an investigation and public hearing, at which the licensee shall be afforded an opportunity to be heard, to suspend or revoke any license issued by the licensing authority for any violation by the licensee or any officer, director, agent, member or employee of such licensee of the provisions of this article or any rule authorized under this article. Notice of suspension or revocation, as well as notice of such hearing, shall be given by certified mail to the licensee at the address contained in such license. The licensing authority may suspend the operation of a game pending a hearing, in which case, the hearing shall be held within ten days after such notice. Proceedings to suspend or revoke a license shall be held pursuant to title 41, chapter 6, article 10.

2. Supervise the administration of this article and adopt, amend and repeal rules governing the holding, operating and conducting of games of bingo, the rental or purchase of premises and the purchase of equipment and providing that games of bingo shall be held, operated and conducted only by licensees for the purposes and in conformity with the provisions of this article.

3. Keep records of all actions and transactions of the licensing authority.

4. Report on request to the governor or the legislature respecting the administration of this article and make such recommendations in regard to legislation as the licensing authority shall deem necessary and proper.
A.R.S. § 5-234 — Arizona Code / Title 5 / Chapter 2 / Article 2 / Section 234
5-234 Attendance by peace officers; duty of chief of police or sheriff; private security
Status: in_force

5-234. Attendance by peace officers; duty of chief of police or sheriff; private security

If a contest is held within the corporate limits of a city or town, the promoter shall request that the chief of police assign not less than one officer to attend the contest, and if a contest is held outside the corporate limits of a city or town, the promoter shall request that the county sheriff assign not less than one of the sheriff's deputies to attend. The officer or deputy shall be charged with the duty of preventing disturbances amounting to breach of the peace by spectators.  The cost of providing such officer or deputy shall be paid by the promoter. If law enforcement officers or sheriff's deputies are not available to attend the contest, the commission may grant the promoter permission to use private security services to attend the contest.
A.R.S. § 5-403 — Arizona Code / Title 5 / Chapter 4 / Article 1 / Section 403
5-403 Qualification for license; renewal; transfer
Status: in_force

5-403. Qualification for license; renewal; transfer

A. A person shall not conduct or assist in conducting activity for which a license is required under this article unless the person conducting the activity first obtains the specific class of license for the activity.

B. A license prescribed by this article shall not be issued to an applicant qualified under this article until the licensing authority receives an original or certified copy of the application from the local governing body and the nonrefundable license fee prescribed in section 5-414 is paid to the licensing authority. The license expires one year from the date it is issued and may be renewed upon the filing with the licensing authority of an application for renewal of the license provided by the licensing authority and the payment of the license fee prescribed in section 5-414. A thirty day grace period shall be allowed during which the license may be renewed if a late filing penalty equal to the license fee is submitted with the regular license fee. A licensee filing late shall not conduct occasions of bingo until the licensing authority has renewed the license for the next one year period. If the licensee fails to apply to the licensing authority within the thirty day grace period the licensee must reapply for a new license under section 5-404.

C. If a license is revoked the licensing authority shall not issue a new license to the licensee for a period of five years from the effective date of the revocation.

D. A license issued pursuant to this article is not transferable to another person.

E. The licensing authority shall not issue more than one license to an applicant or licensee.
A.R.S. § 5-361 — Arizona Code / Title 5 / Chapter 3 / Article 6 / Section 361
5-361 Uniform navigational marking of waters; intergovernmental agreements
Status: in_force

5-361. Uniform navigational marking of waters; intergovernmental agreements

A. No city, county or person shall mark the waters of this state in any manner in conflict with the uniform navigational marking standards of waters as prescribed by the commission or the United States coast guard.

B. On waters where the uniform state waterway marking system has been established and maintained by a governmental agency, the commission may, upon request of such agency, enter into agreements to assist with the maintenance of the system.
A.R.S. § 5-108.03 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 108.03
5-108.03 Restrictions on ownership of licenses, permits and tracks; exemptions; sale for fair market value
Status: in_force

5-108.03. Restrictions on ownership of licenses, permits and tracks; exemptions; sale for fair market value

A. From and after December 31, 1978, no person, firm, partnership, corporation or association or any affiliate thereof shall simultaneously hold or have an ownership interest, direct or indirect, in permits to conduct racing meetings at more than four racetracks within this state. For the purpose of this chapter a person, firm, partnership, corporation or association holding or having an ownership interest, direct or indirect, in a place, enclosure or track at which a racing meeting is conducted in this state shall be considered as holding an ownership interest in the permit or permits issued for a racing meeting at that location. This subsection shall not apply with respect to a corporation unless the person, firm, partnership, corporation or association otherwise subject to the provisions of this subsection owns or controls ten per cent or more of any class of stock of the corporation.

B. From and after December 31, 1978, no person, firm, partnership, corporation or association or any affiliate thereof, which holds or has an ownership interest, direct or indirect, in a permit to conduct a racing meeting within a county having a population of seven hundred thousand persons, or more, as shown by the last United States decennial census, shall simultaneously hold or have any ownership interest, direct or indirect, in a permit to conduct the same kind of racing within any other county having a population of seven hundred thousand persons, or more, as shown by the last United States decennial census.

C. For the purposes of subsections A or B of this section, a person, firm, partnership, corporation or association shall be considered as itself holding or having any ownership interest held directly or indirectly by its affiliates. For the purposes of this chapter, one person, firm, partnership, corporation or association shall be considered the affiliate of another person, firm, partnership, corporation or association if any of the following applies:

1. They are either directly or indirectly under common control.

2. Any officer, director, manager, partner, supervisor, substantial stockholder, owner, trustee or administrator of one person, firm, partnership, corporation or association is an officer, director, manager, partner, substantial stockholder, owner, trustee or administrator of the other person, firm, partnership, corporation or association. For the purposes of this paragraph, a substantial stockholder is one who owns at least ten per cent of the issued and outstanding stock of a corporation.

3. They, at any time, within an immediately preceding three-year period, have each had a substantial ownership interest in the same permittee authorized to conduct a racing meeting in this state. For the purposes of this paragraph, the direct or indirect ownership of ten per cent or more of the equity of a permittee shall be considered a substantial ownership interest.

D. For purposes of determining interest in a permit or permittee, insofar as the determination is based on stock ownership:

1. Stock owned, directly or indirectly, by or for a corporation, partnership, estate or trust shall be considered as being owned proportionately by its shareholders, partners or beneficiaries.

2. An individual shall be considered as owning the stock owned, directly or indirectly, by or for his family or by or for his partner. For purposes of this section, the family of an individual includes only his brothers and sisters, whether by the whole or half blood, spouse, ancestors and lineal descendants.

3. Stock constructively owned by a person by reason of the application of paragraph 1 of this subsection shall, for purposes of applying paragraph 1 or 2 of this subsection, be treated as actually owned by the person. Stock constructively owned by the person by reason of the application of paragraph 2 of this subsection shall not be treated as owned by the person for purposes of again applying paragraph 2 of this subsection in order to make another the constructive owner of the stock.
A.R.S. § 5-1175 — Arizona Code / Title 5 / Chapter 9 / Article 3 / Section 1175
5-1175 Characteristics of bonds; negotiability; legal investments; exemption from taxation
Status: in_force

5-1175. Characteristics of bonds; negotiability; legal investments; exemption from taxation

(Conditionally Rpld.)

A. Bonds issued under this article are fully negotiable within the meaning and for all purposes of the uniform commercial code, subject only to any provisions for registration, regardless of whether the bonds actually constitute negotiable instruments under the uniform commercial code.

B. The bonds, their transfer and the income from the bonds are at all times free from taxation in this state.

C. Bonds issued under this article:

1. Are securities in which public officers and bodies of this state and of municipalities and political subdivisions of this state, all companies, associations and other persons carrying on an insurance business, all financial institutions, investment companies and other persons carrying on a banking business, all fiduciaries and all other persons who are authorized to invest in government obligations may properly and legally invest.

2. Are securities that may be deposited with public officers or bodies of this state and municipalities and political subdivisions of this state for purposes that require the deposit of government bonds or obligations.
A.R.S. § 5-1470 — Arizona Code / Title 5 / Chapter 12 / Article 3 / Section 1470
5-1470 Payment of bonds
Status: in_force

5-1470. Payment of bonds

A. The bonds shall be paid solely from monies in the debt service account.

B. The members of the board and any persons who execute the bonds are not personally liable for the payment of the bonds.

C. The authority's fiscal agent shall cancel all bonds when paid.
A.R.S. § 5-1171 — Arizona Code / Title 5 / Chapter 9 / Article 3 / Section 1171
5-1171 Investment of monies in the bond proceeds account
Status: in_force

5-1171. Investment of monies in the bond proceeds account

(Conditionally Rpld.)

A. The authority board may authorize the authority's fiscal agent to invest monies in the bond proceeds account in the manner prescribed by section 5-1173.

B. The order directing an investment shall state a date on which the proceeds from the sale of the bonds will be needed for use, and the fiscal agent shall make the investment in such a way as to mature on or before the specified date.

C. All monies earned as interest or otherwise derived from the investment of the monies in the bond proceeds account shall be credited as described in the authorizing resolution.
A.R.S. § 5-1212 — Arizona Code / Title 5 / Chapter 10 / Article 1 / Section 1212
5-1212 Fantasy sports contest fund
Status: in_force

5-1212. Fantasy sports contest fund

A. The fantasy sports contest fund is established consisting of monies deposited pursuant to section 5-1211 or from any other source.  The department shall administer the fund.  Monies in the fund are subject to legislative appropriation.

B. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

C. The department may spend not more than ten percent of monies on the department's annual costs of regulating and enforcing this chapter unless otherwise provided by the legislature. At the end of each fiscal year, any revenues collected in excess of the amount appropriated from the fund shall be transferred to the state general fund.
A.R.S. § 5-236 — Arizona Code / Title 5 / Chapter 2 / Article 2 / Section 236
5-236 Violations; classification
Status: in_force

5-236. Violations; classification

A. A person is guilty of a class 1 misdemeanor and may be subject to license revocation, denial or suspension if the person conducts, holds, sponsors, sanctions or gives boxing or other contests that are subject to regulation by the commission without first procuring an appropriate license or approval as prescribed in this article.

B. A person is guilty of a class 2 misdemeanor and may be subject to license revocation, denial or suspension if the person does either of the following:

1. Participates in any contest that is subject to regulation by the commission without first procuring an appropriate license or approval as prescribed in this article.

2. Violates this chapter or any rule or regulation adopted pursuant to this chapter.
A.R.S. § 5-108.04 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 108.04
5-108.04 Restrictions on loans; exemptions
Status: in_force

5-108.04. Restrictions on loans; exemptions

A permittee or an affiliate of a permittee shall not borrow from or accept loans or guarantees of loans from any licensed food and beverage concessionaire or any affiliate of a concessionaire, or make payments pursuant to any such loans, except that a permittee may accept loans or guarantees of loans, and may make payments pursuant to such loans, from a food and beverage concessionaire that is an affiliate of such permittee.
A.R.S. § 5-321.01 — Arizona Code / Title 5 / Chapter 3 / Article 3 / Section 321.01
5-321.01 Staggered watercraft registration; rules
Status: in_force

5-321.01. Staggered watercraft registration; rules

A. The commission shall establish a system of staggered registration on a monthly basis in order to distribute the work of registering watercraft as uniformly as practicable throughout the twelve months of the calendar year.

B. All watercraft registrations provided for in this article expire in accordance with the schedules established by the commission.  The commission may set the number of renewal periods within a month from one each month to one each day depending on which system is most economical and best accommodates the public.

C. The commission, in order to initiate the staggered registration system, may register a watercraft for a period of greater or less than twelve months up to a period of thirty-six months. If a registration period is set for a period other than twelve months the commission may prorate the registration fee.

D. The commission shall adopt rules necessary to accomplish the purposes of this section.
A.R.S. § 5-332 — Arizona Code / Title 5 / Chapter 3 / Article 4 / Section 332
5-332 Fire extinguishers
Status: in_force

5-332. Fire extinguishers

A. All watercraft, unless exempted by the commission, carrying as fuel any volatile liquid having a flash point of one hundred ten degrees Fahrenheit or less shall have aboard a readily accessible United States coast guard approved fire extinguisher in a condition available for immediate and effective use.

B. All watercraft over twenty-six feet in length and carrying as fuel any volatile liquid having a flash point of one hundred ten degrees Fahrenheit or less shall have aboard such fire extinguishers as may be prescribed or approved by the regulations of the United States coast guard.
A.R.S. § 5-408 — Arizona Code / Title 5 / Chapter 4 / Article 1 / Section 408
5-408 Examination of books and records
Status: in_force

5-408. Examination of books and records

The licensing authority and its agents shall have power to examine or cause to be examined the books, records and bingo paper inventory of any licensee to which any such license is issued so far as they may relate to any transactions connected with the holding, operating and conducting of any game of bingo. Such records shall be maintained and available to the licensing authority for a period of three years.
A.R.S. § 5-1107 — Arizona Code / Title 5 / Chapter 9 / Article 1 / Section 1107
5-1107 Youth sports and recreation; local financial participation
Status: in_force

5-1107. Youth sports and recreation; local financial participation

(Conditionally Rpld.)

A. Except as provided by section 5-1139, the authority shall spend at least ten per cent of its general revenues for the purpose of promoting youth sports and recreation and may:

1. Acquire land or construct, finance, furnish, maintain, improve, operate, market or promote the use of youth sports facilities, recreational facilities and other community facilities or programs that are located in the authority.

2. Do all things necessary or convenient to accomplish the purposes described in this subsection.

B. The authority board may require that any project undertaken pursuant to this section include financial participation from the county, municipality or school district in which the project is located, from any other party or from any combination of these entities.  Capital improvement monies spent by a county, municipality, school district or other party for a purpose authorized by this section may be considered to be financial participation with respect to any project the authority may undertake if the expenditures occur after the authority is established.

C. For the purposes of financing, designing, constructing or operating facilities or structures, the authority is not the agent of any other party participating in the funding of the facility or structure after the authority is established.

D. For the purposes of subsection A of this section, the amount spent shall be measured at the end of every tenth fiscal year following the establishment of the authority for the entire period since the formation of the authority, except that the requirement shall not interfere with, delay or impede the payment of any amounts due and payable on any outstanding obligation of the authority.
A.R.S. § 5-574 — Arizona Code / Title 5 / Chapter 5.1 / Article 2 / Section 574
5-574 Audit of accounts
Status: in_force

5-574. Audit of accounts

The certified public accountant hired to perform the annual audit under section 5-555, subsection A, paragraph 2 shall conduct postaudits of all accounts and transactions of the commission for each lottery game. The certified public accountant conducting an audit under this chapter shall have access and authority to examine any and all records of the commission, its redemption agents and its licensees.
A.R.S. § 5-1434 — Arizona Code / Title 5 / Chapter 12 / Article 2 / Section 1434
5-1434 Annual audit
Status: in_force

5-1434. Annual audit

A. The board shall cause an annual audit to be conducted of each of the authority's funds, accounts and subaccounts by an independent certified public accountant within one hundred twenty days after the end of the fiscal year.

B. The board shall immediately file a certified copy of the audit with the auditor general. The auditor general may make such further audits and examinations as necessary and may take appropriate action relating to the audit or examination pursuant to title 41, chapter 7, article 10.1. If the auditor general takes no further action within thirty days after the audit is filed, the audit is considered to be sufficient.

C. The board shall pay negotiated and approved fees and costs of the certified public accountant and auditor general under this section from the authority's general fund.
A.R.S. § 5-392 — Arizona Code / Title 5 / Chapter 3 / Article 9 / Section 392
5-392 Seizure and forfeiture of watercraft
Status: in_force

5-392. Seizure and forfeiture of watercraft

A. Peace officers, in the manner provided in title 13, chapter 39:

1. May seize any watercraft and its trailer if the watercraft displays a fictitious, falsified or altered number or annual decal, or an annual decal from which the accountability or expiration numbers have been intentionally removed or partially removed. This paragraph does not apply to a boat owner or an authorized agent who removes decals or boat numbers for routine maintenance or repair.

2. May seize for forfeiture any watercraft which has had a manufacturer's hull identification number, mark or label or any engine, outdrive, lower unit or power trim number intentionally removed, partially removed, falsified or altered.

B. Allocation of watercraft seized for forfeiture pursuant to subsection A, paragraph 2 of this section shall follow the provisions of section 13-4315, except that if the forfeited property is sold by public or otherwise commercially reasonable sale the expenses of keeping and selling the property and the amount of all valid interests established by claimants shall first be paid out of the proceeds of the sale and the balance shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 5-809 — Arizona Code / Title 5 / Chapter 8 / Article 1 / Section 809
5-809 Community youth and amateur sports and recreational facilities; local financial participation
Status: in_force

5-809. Community youth and amateur sports and recreational facilities; local financial participation

A. From monies in the youth and amateur sports facilities account established by section 5-838, the authority may:

1. Acquire land or construct, finance, furnish, maintain, improve, operate, market or promote the use of community youth and amateur sports facilities, recreational facilities and other community facilities or programs that are located in the authority.

2. Do all things necessary or convenient to accomplish those purposes.

B. The board shall require that any project undertaken pursuant to this section include financial participation from the county, municipality or school district in which the project is located, from any other party or from any combination of these entities that equals or exceeds one-half of the amount to be spent or distributed by the authority.  Capital improvement monies spent by a county, municipality, school district or other party for a purpose authorized by this section may be considered to be financial participation with respect to any project the authority may undertake.

C. For purposes of financing, designing, constructing or operating facilities or structures, the authority is not the agent of any other party participating in the funding of the facility or structure.

D. In evaluating projects under this section, the board shall give priority to youth recreational facilities that are adjacent, in proximity or of benefit to public schools.
A.R.S. § 5-1406 — Arizona Code / Title 5 / Chapter 12 / Article 1 / Section 1406
5-1406 Conflicts of interest
Status: in_force

5-1406. Conflicts of interest

A. The members of the board are subject to title 38, chapter 3, article 8, relating to conflicts of interest, including the penalties prescribed in section 38-510.

B. A member of the board of directors may not have any direct or indirect financial interest in any of the following:

1. Property owned, purchased or constructed by the authority.

2. A contract entered into by the authority.

3. A private corporation or other entity with which the authority contracts.
A.R.S. § 5-114 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 114
5-114 Races exclusively for Arizona bred horses; breeders' awards; certification; fee
Status: in_force

5-114. Races exclusively for Arizona bred horses; breeders' awards; certification; fee

A. For the purpose of promoting and encouraging the breeding of Arizona bred horses, each meeting shall offer not less than one race each day of racing which shall be exclusively for Arizona bred horses.  In the event such race does not fill with at least five Arizona bred horses, it shall be offered as an open race in which Arizona bred horses have a preference of entry.

B. To promote and improve the breeding of horses within this state, a sum of money equal to ten percent of the first money of every purse won by a horse bred in this state shall be paid by the permittee to the owner or lessee, or his heirs, devisees or successors, of the dam of the animal at the time the animal was foaled.  Such amount shall be paid within thirty days after the close of the racing meeting.  All claims or disputes as to the dam of a horse bred in this state shall be determined by the permittee, subject to review by the commission, and the decision of the commission shall be final and conclusive.  A horse bred in this state means a horse foaled in this state and certified by the commission.  To be eligible for Arizona bred certification, the horse must be physically present within this state for not less than six months during the period from the date he is foaled to the first anniversary date of his having been foaled.

C. The commission may contract with a breeders' association to certify that an animal is Arizona bred or is an Arizona stallion.  The commission may authorize the association, racing organization or department to charge and collect a reasonable fee from a stallion owner to cover the cost of certification or transfer and verification that the animal is Arizona bred or an Arizona stallion.
A.R.S. § 5-837 — Arizona Code / Title 5 / Chapter 8 / Article 2 / Section 837
5-837 Cactus league promotion account
Status: in_force

5-837. Cactus league promotion account

A. The authority shall maintain a cactus league promotion account consisting of monies transmitted to the account pursuant to section 5-835.

B. The authority shall use monies in the account for purposes of section 5-808.

C. The authority may pledge all or part of the revenues and other monies received by the authority to secure bonds or other debt obligations issued by the authority for the purposes of providing monies for expenditure under this section.  As nearly as practicable, the bonds issued pursuant to this subsection shall be authorized and issued in a manner consistent with article 3 of this chapter, except that the proceeds of the bonds shall be spent pursuant to this section.  The pledge securing bonds issued pursuant to this section is subordinate to the pledge securing bonds or other debt obligations issued pursuant to article 3 of this chapter and, except for monies already in the cactus league promotion account, to the distribution of monies pursuant to section 5-835, subsection B, paragraph 2.
A.R.S. § 5-1473 — Arizona Code / Title 5 / Chapter 12 / Article 3 / Section 1473
5-1473 Authorized investment of monies
Status: in_force

5-1473. Authorized investment of monies

A. The monies in either the bond proceeds account or the debt service account may be invested and reinvested at the direction of the board in any of the following:

1. United States treasury obligations.

2. Consolidated farm loan bonds.

3. Obligations issued by the federal intermediate credit banks or bonds for cooperatives on authority of the farm credit act of 1933 (48 Stat. 257).

4. Any other obligations guaranteed by the United States government.

5. Any investments that are authorized by any other agencies of the United States government and that are authorized to secure public deposits.

6. State and local government series United States treasury securities.

7. State, county or municipal bonds issued in this state and on which the payments of interest have not been deferred.

8. Investment agreements and repurchase agreements collateralized by investments described in paragraphs 1, 2, 3, 4 and 5 of this subsection.

9. Investment agreements from providers rated in one of the two highest rating categories by a nationally recognized rating agency.

B. The purchase of the securities shall be made by the authority's fiscal agent on authority of a resolution of the board.  The fiscal agent shall act as custodian of all securities purchased.

C. The board may place any restrictions on reinvestment yield on bond proceeds or on any monies pledged to pay the bonds if necessary to comply with federal income tax laws and regulations to gain any federal tax benefits available with respect to the bonds.
A.R.S. § 5-1135 — Arizona Code / Title 5 / Chapter 9 / Article 2 / Section 1135
5-1135 Tax on restaurants and bars
Status: in_force

5-1135. Tax on restaurants and bars

(Conditionally Rpld.)

A. The qualified electors, by majority vote at an election held pursuant to section 5-1103, may levy and, if levied, the department of revenue shall collect a tax on the gross proceeds of sales or gross income from the business of every person engaging or continuing in a business taxed under title 42, chapter 5 and classified under section 42-5074 in the authority.  A tax under this section is in addition to the tax imposed by title 42, chapter 5 and any tax imposed by any other political subdivision in the authority.

B. If levied, the tax shall be levied under this section beginning on the first day of the first month beginning ninety days after the election, and shall continue in this manner for three hundred sixty months except as provided by section 5-1139.

C. Except as provided by section 5-1139, the rate of the tax is .25 per cent of the tax base prescribed by section 42-5074.
A.R.S. § 5-101.01 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 101.01
5-101.01 Division of racing; director; qualifications; term; deputy director; conflict of interest
Status: in_force

5-101.01. Division of racing; director; qualifications; term; deputy director; conflict of interest

A. There is established a division of racing within the department of gaming.

B. The director shall administer the division.  To be eligible for appointment as director, a person must have a minimum of five years of experience in business and administration and shall not have a financial interest in a racetrack or in the racing industry in this state during that person's appointment.

C. The director may establish the position of deputy director of the division.

D. The position of deputy director, if applicable, is exempt from title 41, chapter 4, articles 5 and 6.  The deputy director, if applicable, is eligible to receive compensation pursuant to section 38-611.

E. The provisions of title 38, chapter 3, article 8, relating to conflict of interest, apply to the director and all other employees of the department.

F. Neither the director, any employee of the department nor any member of the immediate family of the director or other employee of the department may:

1. Have any pecuniary interest in a racetrack in this state or in any stable, compound or farm licensed under this chapter.

2. Wager money at a racetrack enclosure or additional wagering facility in this state or wager money on the results of any race held at a racetrack enclosure in this state.

3. Hold more than a five percent interest in any entity doing business with a racetrack in this state.

4. Have any interest, whether direct or indirect, in a license issued pursuant to this chapter or in a licensee, facility or entity that is involved in any way with pari-mutuel wagering. For the purposes of this paragraph, "interest" includes employment.

G. Failure to comply with subsection F of this section is grounds for dismissal.

H. For the purposes of subsection F of this section, "immediate family" means a spouse or children who regularly reside in the household of the director or other employee of the department.
A.R.S. § 5-839 — Arizona Code / Title 5 / Chapter 8 / Article 2 / Section 839
5-839 Car rental surcharge
Status: in_force

5-839. Car rental surcharge

A. The qualified electors residing in the authority, by majority vote at an election held in the authority, may levy and, if levied, the department of revenue shall collect a car rental surcharge beginning on the first day of the first month beginning ninety days after the election to levy the surcharge.  The surcharge shall be in effect for three hundred sixty months.

B. The rate of the surcharge is:

1. Three and one-fourth per cent of the gross proceeds or gross income from the business or two dollars fifty cents on each lease or rental, whichever is more.

2. In the case of a person who leases or rents the motor vehicle as a temporary replacement motor vehicle, two dollars fifty cents on each lease or rental.  For the purposes of this paragraph, "temporary replacement motor vehicle" means a vehicle loaned by a motor vehicle repair facility or dealer or rented by a person temporarily to use while the vehicle that it is replacing is not in use because of breakdown, repair, service, damage or loss.

C. The surcharge applies to the business of leasing or renting for less than one year motor vehicles for hire without a driver, that are designed to operate on the streets and highways of this state and that are primarily intended to carry not more than fourteen passengers, regardless of whether the vehicle is registered or licensed in this state.

D.  The surcharge does not apply to the lease or rental of a motor vehicle:

1. To an automobile dealership, a repair facility, an insurance company or any other person that provides that vehicle at no charge to a person whose own motor vehicle is being repaired, adjusted or serviced.

2. Used in an employee vanpool arrangement for a group of at least seven but not more than fourteen passengers including a driver who meets all of the following conditions:

(a) The driver operates the motor vehicle for the purpose of commuting between the driver's residence and place of employment.

(b) The driver operates the motor vehicle under a prearranged schedule for transporting the passengers between their residences and place of employment.

(c) The driver's operation of the motor vehicle is voluntary and not required as a work responsibility or condition of employment.

(d) The driver receives no compensation other than free transportation between the driver's residence and place of employment, plus limited personal use of the motor vehicle consisting of not more than twenty per cent of the mileage use of the motor vehicle for either:

(i) Purposes other than transporting passengers between their residences and place of employment.

(ii) Travel between the passengers' residences and place of employment in which passengers transported constitute less than one-half of the adult seating capacity of the motor vehicle, not including the driver.

E. The surcharge is not taxable under section 42-5071.

F. Unless the context otherwise requires, section 42-6102 governs the administration of a surcharge imposed under this section, which shall be reported on a form prescribed by the department of revenue.  The department of revenue shall require a report of the number of lease or rental transactions and shall transmit that number to the state treasurer.

G. Each month the state treasurer shall distribute revenues collected pursuant to this section as follows:

1. Transmit an amount equal to two dollars fifty cents on each lease or rental transaction to the county stadium district established in the county in which the authority is located pursuant to title 48, chapter 26 for deposit in the county stadium district fund.  The board of directors of the county stadium district may pledge all or part of these monies to secure district bonds or financial obligations under title 48, chapter 26.

2. Pay the remainder of the monies collected during the month to the authority for deposit in the tourism revenue clearing account established by section 5-835.
A.R.S. § 5-543 — Arizona Code / Title 5 / Chapter 5.1 / Article 1 / Section 543
5-543 State officials to comply with agreements
Status: in_force

5-543. State officials to comply with agreements

Notwithstanding any other law, all state officials shall comply with all agreements made by the director with or for the benefit of the owners of its state lottery revenue bonds.  The executive director of the state lottery commission shall provide assistance and information as requested by the director of the department of administration to accomplish the purposes of this article and the issuance, sale and administration of the bonds.
A.R.S. § 5-1405 — Arizona Code / Title 5 / Chapter 12 / Article 1 / Section 1405
5-1405 Executive director; duties
Status: in_force

5-1405. Executive director; duties

A. The executive director is responsible for managing, administering and supervising the activities of the authority.

B. The executive director shall negotiate, make, execute, acknowledge and perform contracts and other agreements in the interest of the authority or to carry out or accomplish the purposes of this chapter, including construction contracts and agreements with users of any facility, all of which are subject to approval by the board.

C. The executive director shall:

1. Employ a treasurer to serve as fiscal agent to deposit, hold, invest and disburse the authority's monies.

2. Employ administrative and clerical employees and prescribe the terms and conditions of their employment as necessary to carry out the purposes of the authority.  Employees of the authority are considered to be public employees for purposes of title 38.

3. Recommend the employment of consultants by the board, including outside counsel and a professional facility management company.

4. Direct the activities of outside consultants.
A.R.S. § 5-395.04 — Arizona Code / Title 5 / Chapter 3 / Article 10 / Section 395.04
5-395.04 Preliminary breath tests; authority
Status: in_force

5-395.04. Preliminary breath tests; authority

A. A law enforcement officer who has reasonable suspicion to believe that a person has committed a violation of section 5-395 may request that the person submit to a preliminary breath test or tests before an arrest.

B. In addition to a breath test or tests the officer may require that the person submit to further testing pursuant to section 5-395.03.

C. The director of the department of public safety shall adopt rules prescribing the approval of quantitative preliminary breath testing devices.
A.R.S. § 5-344 — Arizona Code / Title 5 / Chapter 3 / Article 5 / Section 344
5-344 Overloading
Status: in_force

5-344. Overloading

A. No watercraft shall be loaded and operated with passengers or cargo beyond its safe carrying capacity or the limitations on the manufacturer's load capacity plate.

B. All new watercraft twenty feet in length and under designed to carry two or more persons and to be propelled by machinery or oars, offered for sale or manufactured in the state after January 1, 1971, shall have affixed permanently thereto a manufacturer's load capacity plate in a location easily observed from the position designed or intended to be occupied by the operator. Canoes and sailboats shall be exempt from the provisions of this section.

C. The load capacity plate shall be certified by a licensed manufacturer or the United States coast guard.
A.R.S. § 5-872 — Arizona Code / Title 5 / Chapter 8 / Article 3 / Section 872
5-872 Investment of monies in debt service account
Status: in_force

5-872. Investment of monies in debt service account

A. The board may authorize the treasurer or fiscal agent of the authority to invest and reinvest any monies in the debt service account as provided by section 5-873.

B. The order directing an investment shall state a date on which the monies and other resources in the debt service account will be needed for use, and the treasurer or fiscal agent shall make the investment in such a way as to mature on or before the specified date.

C. All monies earned as interest or otherwise derived from the investment of the monies in the debt service account shall be credited to that account.
A.R.S. § 5-1161 — Arizona Code / Title 5 / Chapter 9 / Article 3 / Section 1161
5-1161 Definitions
Status: in_force

5-1161. Definitions

(Conditionally Rpld.)

In this article, unless the context otherwise requires:

1. "Bond" means any obligation authorized and issued pursuant to this article, including:

(a) Bonds and notes.

(b) Certificates of participation in a lease-purchase or certificates of purchase in a lease or installment purchase agreement.

(c) Obligations that are authorized and issued to refund or refinance obligations that are authorized and issued pursuant to this article.

2. "Bond related expenses" means any expenses incurred by the authority for issuing and administering its bonds, including underwriting fees and costs, trustee fees, financial consultant fees, printing and advertising costs, paying agent fees, transfer agent fees, legal, accounting, feasibility consultant and other professional fees and expenses, credit enhancement fees, attorney and accounting fees and expenses related to credit enhancement, bond insurance or liquidity enhancement, remarketing fees, rating agency fees and costs, travel and telephone expenses and all other fees considered necessary by the authority board in order to market and administer the bonds.

3. "Sports authority purpose" includes:

(a) The capital costs of acquiring, designing, developing, constructing, reconstructing, equipping, furnishing, repairing, maintaining and improving stadiums and multipurpose facilities, directly related improvements and infrastructure, except as otherwise limited by this article. For the purposes of this subdivision, "infrastructure" means  improvements that will directly and principally benefit the stadium or multipurpose facility and includes:

(i) Sanitary sewage systems.

(ii) Drainage and flood control systems.

(iii) Water systems.

(iv) Roadways for access, entry and exit and parking facilities.

(v) Pedestrian and other nonmotorized facilities for access, entry and exit and parking.

(vi) Landscaping.

(vii) Lighting systems.

(viii) Traffic control systems, signals, controls, markings and signage.

(b) The payment of bonds.

(c) Bond related expenses.
A.R.S. § 5-1137 — Arizona Code / Title 5 / Chapter 9 / Article 2 / Section 1137
5-1137 Tax on retail
Status: in_force

5-1137. Tax on retail

(Conditionally Rpld.)

A. The qualified electors, by majority vote at an election held pursuant to section 5-1103, may levy and, if levied, the department of revenue shall collect a tax on the gross proceeds of sales or gross income from the business of every person engaging or continuing in a business taxed under title 42, chapter 5 and classified under section 42-5061 in the authority.  A tax under this section is in addition to the tax imposed by title 42, chapter 5 and any tax imposed by any other political subdivision in the authority.

B. If levied, the tax shall be levied under this section beginning on the first day of the first month beginning ninety days after the election, and shall continue in this manner for three hundred sixty months except as provided by section 5-1139.

C. Except as provided by section 5-1139, the rate of the tax is .15 per cent of the tax base prescribed by section 42-5061.
A.R.S. § 5-239 — Arizona Code / Title 5 / Chapter 2 / Article 2 / Section 239
5-239 Judicial review
Status: in_force

5-239. Judicial review

Except as provided in section 41-1092.08, subsection H, final decisions of the commission are subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 5-235.01 — Arizona Code / Title 5 / Chapter 2 / Article 2 / Section 235.01
5-235.01 Disciplinary action; grounds; civil penalty; emergency suspension; injunction
Status: in_force

5-235.01. Disciplinary action; grounds; civil penalty; emergency suspension; injunction

A. The commission may take any one or a combination of the following disciplinary actions:

1. Revoke a license.

2. Suspend a license.

3. Impose a civil penalty in an amount of not more than $1,000 per violation of this chapter.

B. The commission may take disciplinary action or refuse to issue or renew a license for any of the following causes:

1. Committing an act involving dishonesty, fraud or deceit with the intent to substantially benefit oneself or another or substantially injure another.

2. Advertising by means of known false, misleading, deceptive or fraudulent statements through any communication medium.

3. Violating this chapter or any rule adopted pursuant to this chapter.

4. Making oral or written false statements to the commission.

5. Failing to complete the license application as prescribed by the commission.

C. The commission may conduct tests for the use of alcohol and drugs determined by the commission to impair combatants. Notwithstanding any other provision of this article, the commission may immediately suspend the license of, immediately revoke the license of or immediately impose a civil penalty of not more than $500 against a combatant, or any combination of these actions, if the combatant tests positive for alcohol and drugs, refuses or fails to take a test for alcohol and drugs under rules adopted by the commission or refuses or fails to take a test for alcohol and drugs after a test is requested by the commission or the executive director. All civil penalties assessed pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.  The rules adopted pursuant to this subsection may include appropriate definitions for drugs determined by the commission to impair combatants.

D. In case of emergency, a member of the commission, on the member's own motion or on the verified complaint of any person charging a violation of this chapter or of the rules adopted by the commission, may suspend for a period of not to exceed ten days any license until final determination by the commission, if in the member's opinion the action is necessary to protect the public welfare and the best interests of boxing.

E. The commission, the attorney general or a county attorney may apply to the superior court in the county in which acts or practices of any person that constitute a violation of this chapter or the rules adopted pursuant to this chapter are alleged to have occurred for an order enjoining those acts or practices.
A.R.S. § 5-409 — Arizona Code / Title 5 / Chapter 4 / Article 1 / Section 409
5-409 Forfeiture of license; ineligibility to apply for license; classification
Status: in_force

5-409. Forfeiture of license; ineligibility to apply for license; classification

Any person who knowingly makes any false statement in any application for any license pursuant to this article or in any statement annexed to the application or fails to keep sufficient books and records to substantiate the financial reports required under section 5-407 or knowingly falsifies any books or records so far as they relate to any transaction connected with the holding, operating and conducting of any game of bingo under any license or violates any of the provisions of this article or of any term of a license is guilty of a class 2 misdemeanor and shall, if convicted, in addition to suffering any other penalties which may be imposed, forfeit any license issued to it pursuant to this article and shall be ineligible to apply for a license pursuant to this article for at least five years thereafter.
A.R.S. § 5-875 — Arizona Code / Title 5 / Chapter 8 / Article 3 / Section 875
5-875 Characteristics of bonds; negotiable; obligation; legal investments; exemption from taxation
Status: in_force

5-875. Characteristics of bonds; negotiable; obligation; legal investments; exemption from taxation

A. Bonds issued under this article are fully negotiable within the meaning and for all purposes of the uniform commercial code, subject only to any provisions for registration, regardless of whether the bonds actually constitute negotiable instruments under the uniform commercial code.

B. The bonds, their transfer and the income from the bonds are at all times free from taxation in this state.

C. Bonds issued under this article:

1. Are obligations of the authority.  The members of the board and persons who execute the bonds are not personally liable for payment of the bonds.

2. Are payable only according to their terms.

3. Are obligations of the authority and are not general, special or other obligations of this state.

4. Do not constitute a debt of this state.

5. Are not enforceable against this state nor is payment of the bonds enforceable out of any monies other than the revenue pledged and assigned to, or in trust for the benefit of, the holder or holders of the bonds.

6. Are securities in which public officers and bodies of this state and of municipalities and political subdivisions of this state, all companies, associations and other persons carrying on an insurance business, all financial institutions, investment companies and other persons carrying on a banking business, all fiduciaries and all other persons who are authorized to invest in government obligations may properly and legally invest.

7. Are securities that may be deposited with public officers or bodies of this state and municipalities and political subdivisions of this state for purposes that require the deposit of government bonds or obligations.
A.R.S. § 5-395.02 — Arizona Code / Title 5 / Chapter 3 / Article 10 / Section 395.02
5-395.02 Admissibility of breath test or other records
Status: in_force

5-395.02. Admissibility of breath test or other records

A. The results of a breath test administered for the purpose of determining a person's alcohol concentration as defined in section 5-395 are admissible as evidence in any trial, action or proceeding on establishing the following foundational requirements:

1. The test was performed using a quantitative breath testing device approved by the department of public safety.  A properly authenticated certification by the department of public safety or judicial notice of department of public safety rules is sufficient to establish this requirement.

2. The operator who conducted the test possessed a valid permit issued by the department of health services or the department of public safety to operate the device used to conduct the test.

3. Duplicate tests were administered and the test results were within 0.02 alcohol concentration of each other and an operator observed the person charged with the violation for fifteen minutes immediately preceding the administration of the test.

4. The operator who conducted the test followed an operational checklist approved by the department of public safety for the operation of the device used to conduct the test. The testimony of the operator is sufficient to establish this requirement.

5. The device used to conduct the test was in proper operating condition.  Records of periodic maintenance that show that the device was in proper operating condition are admissible in any proceeding as prima facie evidence that the device was in proper operating condition at the time of the test. Calibration checks with a standard alcohol concentration solution bracketing each person's duplicate breath test are one type of records of periodic maintenance that satisfies the requirements of this section.  The records are public records.

B. Compliance with subsection A of this section is the only requirement for the admission in evidence of a breath test result.

C. The inability of any person to obtain manufacturer's schematics and software for a quantitative breath testing device that is approved as prescribed in subsection A of this section shall not affect the admissibility of the results of a breath test pursuant to this section.

D. Records that may be obtained or are otherwise maintained pursuant to section 28-1327 are admissible as evidence in any trial, action or proceeding.
A.R.S. § 5-118 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 118
5-118 Authorization to own or lease new additional wagering facilities; written consent
Status: in_force

5-118. Authorization to own or lease new additional wagering facilities; written consent

A. A permittee that is authorized to conduct live racing may own or lease new additional wagering facilities.

B. A permittee that is authorized to conduct live racing in a county with a population of seven hundred thousand persons or more but less than one million five hundred thousand persons may not own or lease an additional wagering facility within sixty miles of a racetrack enclosure located in a county with a population of two hundred thousand persons or more but less than five hundred thousand persons or in a county with a population of more than three million persons without the prior written consent of the racetrack enclosure.
A.R.S. § 5-227 — Arizona Code / Title 5 / Chapter 2 / Article 2 / Section 227
5-227 Jurisdiction of commission
Status: in_force

5-227. Jurisdiction of commission

A. The commission shall:

1. Except for the financial and accounting functions delegated to the director pursuant to section 5-226, have sole direction, management, control and jurisdiction over all boxing and mixed martial arts contests held within this state unless exempt from the application of this chapter by section 5-222.

2. Have sole control, authority and jurisdiction over all licenses required by this chapter.

B. The commission shall grant a license to an applicant if in the judgment of the commission the financial responsibility, experience, character and general fitness of the applicant are such that the applicant's participation is consistent with the public interest, convenience or necessity and the best interests of boxing and in conformity with the purposes of this chapter. The commission may delegate the commission's licensing authority to the commission's executive director.
A.R.S. § 5-1101 — Arizona Code / Title 5 / Chapter 9 / Article 1 / Section 1101
5-1101 Definitions
Status: in_force

5-1101. Definitions

(Conditionally Rpld.)

In this chapter, unless the context otherwise requires:

1. "Advisory board" means the advisory board of the sports authority.

2. "Authority" means a sports authority established pursuant to this chapter.

3. "Authority board" means the governing board of the sports authority.

4. "Board of directors" means the county board of supervisors serving as the board of directors of the district.

5. "District" means a sports authority district established pursuant to this chapter.

6. "Multipurpose facility" means a stadium or a facility for youth sports that is adapted for additional entertainment, cultural, civic, meeting, trade show or convention events, on-site infrastructure and related parking facilities and commercial activity within the facility.

7. "Stadium" means a facility intended primarily for use by one or more major league baseball spring training operations, including baseball stadiums, clubhouses, practice facilities, other related facilities, on-site infrastructure and related parking facilities and commercial activity within the facility.

8. "Youth sports" means recreational and amateur sporting related activities and competitions organized in the district.
A.R.S. § 5-1468 — Arizona Code / Title 5 / Chapter 12 / Article 3 / Section 1468
5-1468 Lien of pledge
Status: in_force

5-1468. Lien of pledge

A. Any pledge made under this article is valid and binding from the time when the pledge is made.

B. The monies pledged to the holders of the bonds and received by the authority for placement in the debt service account are immediately subject to the lien of the pledge without any further act.  Any lien of any pledge is valid and binding against all parties who have claims of any kind against the authority, regardless of whether the parties have notice of the lien. The official resolution or any instrument by which this pledge is created, when adopted by the board, is notice to all concerned of the creation of the pledge, and those instruments need not be recorded in any other place to perfect the pledge.
A.R.S. § 5-1170 — Arizona Code / Title 5 / Chapter 9 / Article 3 / Section 1170
5-1170 Payment of bonds
Status: in_force

5-1170. Payment of bonds

(Conditionally Rpld.)

A. The bonds shall be paid solely from monies in the debt service account.

B. The members of the authority board and any persons who execute the bonds are not personally liable for the payment of the bonds.

C. The authority's fiscal agent shall cancel all bonds when paid.
A.R.S. § 5-871 — Arizona Code / Title 5 / Chapter 8 / Article 3 / Section 871
5-871 Investment of monies in the bond proceeds subaccount
Status: in_force

5-871. Investment of monies in the bond proceeds subaccount

A. The board may authorize the treasurer or fiscal agent of the authority to invest monies in the bond proceeds subaccount in the manner prescribed by section 5-873.

B. The order directing an investment shall state a date on which the proceeds from the sale of the bonds will be needed for use, and the treasurer or fiscal agent shall make the investment in such a way as to mature on or before the specified date.

C. All monies earned as interest or otherwise derived from the investment of the monies in the bond proceeds subaccount shall be credited to that subaccount.
A.R.S. § 5-801 — Arizona Code / Title 5 / Chapter 8 / Article 1 / Section 801
5-801 Definitions
Status: in_force

5-801. Definitions

In this chapter, unless the context otherwise requires:

1. "Authority" means the tourism and sports authority.

2. "Board" means the board of directors of the authority.

3.  "Indian tribe" means any organized Indian nation, tribe, band or community that is recognized as an Indian tribe by the United States department of the interior.

4. "Multipurpose facility" means any facility that is suitable to be used to accommodate professional football franchises, major college football bowl sponsors, other sporting events and entertainment, cultural, civic, meeting, trade show or convention events or activities and may include a stadium, on-site infrastructure, parking garages and lots and related commercial uses within the facility.

5.  "Site host" means any of the following entities that owns all or part of the multipurpose facility site at the time the site is provided to the authority pursuant to section 5-807:

(a)  This state or any agency of this state.

(b)  The county in which the authority is located.

(c)  Any city or town located in the county in which the authority is located.

(d)  Any Indian tribe if all or part of the tribe's reservation is located in that county.
A.R.S. § 5-336 — Arizona Code / Title 5 / Chapter 3 / Article 4 / Section 336
5-336 Muffling devices
Status: in_force

5-336. Muffling devices

A. Every motor driven watercraft shall at all times be equipped with effective equipment, in good working order and in constant operation, to prevent excessive or unusual noise except as provided in subsection C.

B. It is not the intent of this section to prohibit the use of any type of exhaust system or exhaust device, including those systems and devices which do not discharge water with the exhaust gases, if such system or device complies with subsection A of this section.

C. All watercraft actually competing in a regatta, boat race or official trials for speed records, and within the time limits authorized by the sanctioning body of such event are exempt from this section. Permits designating place and time limits are required and shall be issued by the department prior to the testing of watercraft on the water when sufficient evidence is provided by the applicant that such watercraft is actually entered in an event sanctioned by a national or regional organization having jurisdiction over the event.
A.R.S. § 5-602.01 — Arizona Code / Title 5 / Chapter 6 / Article 1 / Section 602.01
5-602.01 Rules; civil penalties
Status: in_force

5-602.01. Rules; civil penalties

A. The department of gaming may adopt rules to carry out the purposes of this chapter.  The rules shall be consistent with the provisions contained in tribal-state compacts.

B. The department may impose a civil penalty not to exceed five thousand dollars per day and not to exceed a total of twenty-five thousand dollars against a certificate holder in lieu of or in addition to revocation of the certificate.  The department may impose a civil penalty against a certificate holder in an amount not to exceed five hundred dollars for a violation of any rule adopted pursuant to this section if the violation does not constitute grounds for revocation of the certificate.  In determining the amount of the civil penalty, the department shall consider the seriousness of the violation and the financial impact that the penalty will have on the certificate holder.  All civil penalties collected by the department pursuant to this section shall be transferred to the state treasurer for deposit in the state general fund.

C. At the director's request, the attorney general shall file an action in superior court to recover civil penalties imposed pursuant to this section.
A.R.S. § 5-707 — Arizona Code / Title 5 / Chapter 7 / Article 1 / Section 707
5-707 Competition
Status: in_force

5-707. Competition

A. Before the beginning of any competition, a ski area operator shall allow any competitor a reasonable visual inspection of the course or area where the competition is to be held.

B. A competitor accepts the risk of all course conditions, including weather and snow conditions, course construction or layout and obstacles that a visual inspection immediately before the run could have revealed.

C. In any action brought by a competitor against any ski area operator, if the ski area operator proves that the participant in the competition signed a valid release, the ski area operator's liability shall be determined by the terms of the release.
A.R.S. § 5-861 — Arizona Code / Title 5 / Chapter 8 / Article 3 / Section 861
5-861 Definitions
Status: in_force

5-861. Definitions

In this article, unless the context otherwise requires:

1. "Bond related expenses" means any expenses incurred by the authority to issue and administer its bonds including underwriting fees and costs, trustee fees, financial consultant fees, printing and advertising costs, paying agent fees, transfer agent fees, legal, accounting, feasibility consultant and other professional fees and expenses, credit enhancement fees, attorney and accounting fees and expenses related to credit enhancement, bond insurance or liquidity enhancement, remarketing fees, rating agency fees and costs, travel and telephone expenses and all other fees considered necessary by the authority in order to market and administer the bonds.

2. "Bonds" means the bonds of the authority issued pursuant to this article.

3. "Multipurpose facility purpose" includes the following purposes:

(a) Acquiring, designing, developing, constructing, reconstructing, equipping, repairing, maintaining, operating and improving a multipurpose facility and improvements.

(b) The payment of bond obligations.

(c) Bond related expenses.
A.R.S. § 5-810 — Arizona Code / Title 5 / Chapter 8 / Article 1 / Section 810
5-810 Regulating sale, use and consumption of alcoholic beverages
Status: in_force

5-810. Regulating sale, use and consumption of alcoholic beverages

Subject to the requirements of title 4, the board may permit and regulate the sale, use and consumption of alcoholic beverages at events held on property acquired, leased or subleased under this chapter.
A.R.S. § 5-876 — Arizona Code / Title 5 / Chapter 8 / Article 3 / Section 876
5-876 Effect of changing circumstances on bonds; agreement of state
Status: in_force

5-876. Effect of changing circumstances on bonds; agreement of state

A. Bonds issued under this article remain valid and binding obligations of the authority notwithstanding that before the delivery of the bonds any of the persons whose signatures appear on the bonds cease to be officers of the authority.

B. An amendment of any provision in this chapter does not diminish or impair the validity of bonds issued under this article or the remedies and rights of bondholders.

C. This state pledges to and agrees with the holders of the bonds authorized by this article that this state will not limit, alter or impair the rights vested in the authority to receive the monies necessary to fulfill the terms of any agreements made with the holders of the bonds, or in any way impair the rights and remedies of the bondholders, until all bonds issued under this article, together with interest on the bonds, interest on any unpaid installments of principal or interest and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders, are fully met and discharged. The board, as agent for this state, may include this pledge and undertaking in its resolutions and indentures authorizing and securing its bonds.
A.R.S. § 5-348 — Arizona Code / Title 5 / Chapter 3 / Article 5 / Section 348
5-348 Dumping refuse, rubbish or debris on waterways
Status: in_force

5-348. Dumping refuse, rubbish or debris on waterways

No person shall dump, deposit, place, throw or leave refuse, rubbish, debris, filthy or odoriferous objects, substances or other trash on any waterways or the shorelines of any waterways of the state.
A.R.S. § 5-1139 — Arizona Code / Title 5 / Chapter 9 / Article 2 / Section 1139
5-1139 Conditional reduction of district taxes
Status: in_force

5-1139. Conditional reduction of district taxes

(Conditionally Rpld.)

A. If, seventy-two months after the district is established, at least two major league baseball franchises have not executed binding contractual agreements for use of stadiums and other facilities in the district as their exclusive sites for spring training operations for terms of at least ten years, the respective tax rates prescribed by sections 5-1133 through 5-1137 are reduced by fifty per cent as provided by paragraph 2 of this subsection, and the district shall use all revenues produced by the reduced rates exclusively for the promotion of youth and amateur sports as provided by section 5-1107.  If the condition described by this subsection occurs:

1. The executive director shall notify the department of revenue in writing on or before the date that is seventy-two months after the district is established.

2. The reduced tax rates are effective on the first day of the first month that is at least ninety days after the date of notification.

B. If, at any subsequent time, at least two major league baseball franchises execute binding contractual agreements for use of stadiums and other facilities in the district as their exclusive sites for spring training operations for terms of at least ten years, the respective tax rates prescribed by sections 5-1133 through 5-1137 shall be reinstated at the full amounts as provided by paragraph 2 of this subsection, and the district shall use the revenues as provided by law without condition. If the condition described by this subsection occurs:

1. The executive director shall notify the department of revenue in writing on or before the date that the second contract is entered into.

2. The increased tax rates are effective on the first day of the first month that is at least ninety days after the date of notification.
A.R.S. § 5-411 — Arizona Code / Title 5 / Chapter 4 / Article 1 / Section 411
5-411 Credentials and authority of employees of the licensing authority
Status: in_force

5-411. Credentials and authority of employees of the licensing authority

Each employee designated by the licensing authority to investigate compliance with this chapter shall, for identification purposes, possess credentials signed by the chief administration officer of the licensing authority and countersigned by the governor. When bearing such credentials the employee has the authority of a peace officer for the limited purposes of enforcing this chapter but does not thereby participate in the public safety personnel retirement system.
A.R.S. § 5-1408 — Arizona Code / Title 5 / Chapter 12 / Article 1 / Section 1408
5-1408 Regulating sale, use and consumption of alcoholic beverages
Status: in_force

5-1408. Regulating sale, use and consumption of alcoholic beverages

Subject to the requirements of title 4, the board may allow and regulate the sale, use and consumption of alcoholic beverages at events held on property acquired, leased or subleased under this chapter.
A.R.S. § 5-103.01 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 103.01
5-103.01 Prohibited activities
Status: in_force

5-103.01. Prohibited activities

An employee or appointee of the commission may not:

1. Enter into any business dealing, venture or contract with an owner or lessee of a race track or any permittee.

2. Be employed in any capacity by any race track or permittee.

3. Participate as an owner-trainer, trainer or jockey in any racing meeting conducted in this state.
A.R.S. § 5-1136 — Arizona Code / Title 5 / Chapter 9 / Article 2 / Section 1136
5-1136 Tax on amusements and sporting events
Status: in_force

5-1136. Tax on amusements and sporting events

(Conditionally Rpld.)

A. The qualified electors, by majority vote at an election held pursuant to section 5-1103, may levy and, if levied, the department of revenue shall collect a tax on the gross proceeds of sales or gross income from persons taxed under title 42, chapter 5 and classified under section 42-5073 in the authority.

B. If levied, the tax shall be levied under this section beginning on the first day of the first month beginning ninety days after the election, and shall continue in this manner for three hundred sixty months except as provided by section 5-1139.

C. Except as provided by section 5-1139, the rate of the tax is .35 per cent of the tax base prescribed by section 42-5073.