A.R.S. § 5-228 — Arizona Code / Title 5 / Chapter 2 / Article 2 / Section 228
5-228 Persons required to procure licenses; requirements; background information; fee; bond; examination results
Status: in_force

5-228. Persons required to procure licenses; requirements; background information; fee; bond; examination results

A. All referees, judges, matchmakers, promoters, trainers, ring announcers, timekeepers, ringside physicians, inspectors, mixed martial arts combatants, boxers, managers and seconds are required to be licensed by the commission. The commission shall not allow any of these persons to participate in holding any contest unless the person has first procured a license.

B. Before participating in holding any boxing or mixed martial arts contest, a corporation, its officers and directors and any person that holds twenty-five percent or more of the ownership of the corporation shall obtain a license from the commission. Such a corporation must be authorized to do business under the laws of this state.

C. The commission shall require referees, judges, matchmakers, promoters and managers to furnish fingerprints and background information pursuant to section 41-1750, subsection G before licensure. The commission shall charge a fee for fingerprints and background information in an amount determined by the commission.  The commission may require referees, judges, matchmakers, promoters and managers to furnish fingerprints and background information pursuant to section 41-1750, subsection G before license renewal if the commission determines the fingerprints and background information are necessary. The fee may include a reasonable charge for expenses incurred by the commission or the department of public safety. For such purpose, the commission and the department of public safety may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3. The fee shall be credited pursuant to sections 35-148 and 41-1750.

D. Before the commission issues a license to a promoter, matchmaker or corporation, the applicant shall:

1. Provide the commission with a copy of any agreement between any combatant and the applicant that binds the applicant to pay the combatant a certain fixed fee or percentage of the gate receipts.

2. Show on the application the owner or owners of the applicant entity and the percentage interest if they hold twenty-five percent or more interest in the applicant.

3. Provide the commission with a copy of the latest financial statement of the entity.

4. Provide the commission with a copy of the insurance contract required by this chapter.

E. Before the commission issues a license to a promoter, the applicant shall deposit with the department a cash bond or surety bond in an amount set by the commission. The bond shall be executed in favor of this state and shall be conditioned on the faithful performance by the promoter of the promoter's obligations pursuant to this chapter and the rules adopted pursuant to this chapter.

F. Before the commission issues a license to a referee or combatant, the applicant shall submit to the commission the results of a current medical examination performed by a physician licensed in the United States on forms furnished or approved by the commission. In addition to the medical examination, the following information must be submitted:

1. The results of an ophthalmological examination that is recorded on forms furnished or approved by the commission.

2. For combatants, negative test results for the human immunodeficiency virus, the hepatitis B surface antigen and the hepatitis C antibody.

3. For combatants who are at least thirty-eight years of age, the results of a stress test that is administered by a physician licensed in the United States and that is accompanied by a clearance letter and the results of an electrocardiogram that demonstrates normal cardiovascular function. These results shall be completed within twenty-four months before the person submits the license application.

4. For combatants who are at least forty years of age, if recommended by an examining physician, the results of a brain magnetic resonance imaging scan.

5. For female combatants, a pregnancy test that demonstrates a negative result. A pregnancy test that demonstrates a negative result shall also be submitted to the commission by a female combatant before each weigh-in.

6. Any other examination or testing ordered by the commission.

G. All medical examinations and tests, license applications, national identification card applications, photographs and any other required documents must be completed and received by the commission staff not later than 4:30 p.m. on the day that begins forty-eight hours before the scheduled event. An exception to the forty-eight-hour requirement prescribed in this subsection may be granted by the executive director if a person is a late substitute or is traveling from outside this state and demonstrates good cause for not meeting the forty-eight-hour requirement.
A.R.S. § 5-1111 — Arizona Code / Title 5 / Chapter 9 / Article 1 / Section 1111
5-1111 Performance audits
Status: in_force

5-1111. Performance audits

(Conditionally Rpld.)

A. Beginning in 2011 and at least every fifth year thereafter, the auditor general shall conduct or cause to be conducted a performance audit, as defined in section 41-1278, of the authority.

B. On or before June 30 of the respective year, the auditor general shall issue a public report of the performance audit, including findings and specific recommendations for statutory and administrative changes to improve the operation of the authority. The auditor general shall submit copies of the report to the governor, the president of the senate, the speaker of the house of representatives, the secretary of state and the Arizona state library, archives and public records.

C. The authority board shall pay the costs of the performance audits prescribed by this section from the authority's general fund.
A.R.S. § 5-395.01 — Arizona Code / Title 5 / Chapter 3 / Article 10 / Section 395.01
5-395.01 Operating or in actual physical control of a motorized watercraft while under the influence; classification; penalties
Status: in_force

5-395.01. Operating or in actual physical control of a motorized watercraft while under the influence; classification; penalties

A. A person who is convicted of a violation of section 5-395 is guilty of a class 1 misdemeanor.  The person:

1. Shall be sentenced to serve not less than ten consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.

2. Shall pay a fine of not less than two hundred fifty dollars.

3. May be ordered by a court to perform community restitution.

4. Shall pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer.

5. Shall pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the law enforcement and boating safety fund established by section 5-383. This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

B. In addition to any other penalties under this section, the judge shall order the person to complete alcohol or other drug screening that is provided by a facility approved by the department of health services, the United States department of veterans affairs or a probation department.  If a judge determines that the person requires further alcohol or other drug education or treatment, the person may be required pursuant to court order to obtain alcohol or other drug education or treatment under the court's supervision from an approved facility.  The judge may review an education or treatment determination at the request of the state or the defendant or on the judge's own initiative.  The person shall pay the costs of the screening, education or treatment unless the court waives part or all of the costs. If a person is referred to a screening, education or treatment facility, the facility shall report to the court whether the person has successfully completed the screening, education or treatment program.

C. Notwithstanding subsection A, paragraph 1 of this section and except as provided in section 5-398.01, the judge may either:

1. Suspend any imposed sentence for a first violation of section 5-395 if the person completes a court ordered alcohol or other drug screening, education or treatment program.  If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.

2. Suspend all but twenty-four consecutive hours of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program and if the court determines the person recklessly endangered another person with a substantial risk of physical injury.  If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.

D. If within a period of eighty-four months a person is convicted of a second violation of section 5-395 or is convicted of a violation of section 5-395 and has previously been convicted of an act in another jurisdiction that if committed in this state would be a violation of section 5-395, the person:

1. Shall be sentenced to serve not less than ninety days in jail, thirty days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served.

2. Shall pay a fine of not less than five hundred dollars.

3. Shall be ordered by the court to perform at least thirty hours of community restitution. If the person fails to complete the community restitution ordered pursuant to this paragraph, the court may order alternative sanctions if the court determines that alternative sanctions are more appropriate.

4. Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

5. Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the law enforcement and boating safety fund established by section 5-383. This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

E. Notwithstanding subsection D, paragraph 1 of this section, at the time of sentencing, except if the court determines the person recklessly endangered another person with a substantial risk of physical injury, the judge may suspend all but thirty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program.  If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause as to why the remaining jail sentence should not be served.

F. In applying the eighty-four month provision of subsection D of this section, the dates of the commission of the offense shall be the determining factor irrespective of the sequence in which the offenses were committed.

G. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts.

H. Any political subdivision processing or utilizing the services of a person ordered to perform community restitution pursuant to this section does not incur any civil liability to the person ordered to perform community restitution as a result of these activities unless the political subdivision or its agent or employee acts with gross negligence.

I. After a person who is sentenced pursuant to subsection A of this section has served twenty-four consecutive hours in jail or after a person who is sentenced pursuant to subsection D of this section has served forty-eight consecutive hours in jail and after receiving confirmation that the person is employed or is a student, the court, on pronouncement of any jail sentence under this section, may provide in the sentence that the person may be permitted, if the person is employed or is a student and can continue the person's employment or studies, to continue such employment or studies for not more than twelve hours per day nor more than five days per week, and the remaining day, days or parts of days shall be spent in jail until the sentence is served.  The person shall be allowed out of jail only long enough to complete the actual hours of employment or studies and no longer.

J. A person who is sentenced pursuant to this section is eligible for a home detention program pursuant to section 9-499.07, subsections L through R or section 11-459, subsections K through Q.

K. The court shall allow the allegation of a prior conviction or other pending charge of a violation of section 5-395 filed twenty or more days before the date the case is actually tried and may allow the allegation of a prior conviction or other pending charge of a violation of section 5-395 filed any time before the date the case is actually tried, provided that when the allegation is filed this state must make available to the defendant a copy of any information obtained concerning the prior conviction or other pending charge.  Any conviction may be used to enhance another conviction irrespective of the dates on which the offenses occurred within the eighty-four month provision.

L. If a person is placed on probation for violating section 5-395, the probation shall be supervised unless the court finds that supervised probation is not necessary or the court does not have supervisory probation services.
A.R.S. § 5-406 — Arizona Code / Title 5 / Chapter 4 / Article 1 / Section 406
5-406 Persons allowed to conduct games; premises; equipment; expenses; compensation
Status: reserved

5-406. Persons allowed to conduct games; premises; equipment; expenses; compensation

A. A person shall not hold, operate or conduct any game of bingo under any license issued pursuant to this article unless the person has submitted affidavits as required in section 5-404 and has received prior written approval from the licensing authority. Persons seeking to replace a manager, proceeds coordinator, supervisor or assistant or to serve as an additional manager, supervisor or assistant shall submit the appropriate affidavit to the licensing authority as required in section 5-404.

B. Except as provided in section 5-413, only contractors, members and new members of a licensee or an applicant may participate or apply to participate in conducting any bingo game held by the licensee.

C. Except for a class A licensee, a person shall not hold, operate, conduct or assist in conducting any game or games of bingo under any license if the person or the person's spouse has a proprietary, equitable or credit interest, or is an officer, director, agent or employee of an individual or company that has a proprietary, equitable or credit interest, in the licensee.

D. Bookkeepers or accountants need not be members of the organization.

E. An item of expense shall not be incurred or paid in connection with holding, operating or conducting any game of bingo held, operated or conducted pursuant to any license issued under this article, except bona fide expenses in a reasonable amount for purposes described in section 5-407, subsection G. A game of bingo shall not be conducted with any equipment except equipment owned solely by the licensee or jointly by not more than six licensees. No portion of the ownership of such equipment may be held by any person or organization not licensed pursuant to this chapter. A game of bingo shall not be conducted with rented equipment.  This subsection does not apply to technological aids for bingo games that function only as electronic substitutes for bingo cards or a contractor's personnel who are needed to operate technological aids prescribed in subsection X of this section.

F. An applicant or a licensee shall not enter into any purchase agreement other than a bona fide purchase agreement. The seller may repurchase equipment only on default of the buyer and then only at a price equal to or greater than ninety percent of any money paid for equipment from buyer to seller. The seller may repurchase a building only on default of the buyer at a fair market value per licensee.

G. A licensee shall not conduct or operate more than five occasions of bingo during any calendar week. Not more than twelve hours of bingo shall be conducted in any building or on any premises during any calendar day.

H. The entire net proceeds of any game shall be devoted to a lawful use or uses. In addition to other unlawful uses, the following are not considered lawful uses under this subsection:

1. Compensation and expenses of directors, officers and management personnel.

2. Fees or commissions of consultants.

3. Compensation paid for legal services incurred by a licensee unsuccessfully defending against charges of violations of this article.

4. Donations to other than national, state or local nonprofit parent organizations in excess of five percent of the net proceeds except with the permission of the licensing authority.

5. Donations or any payment from the lessor to the lessee.

I. The premises where any game of bingo is being held, operated or conducted, where it is intended that any game of bingo shall be held, operated or conducted or where it is intended that any equipment shall be used shall at all times be open to inspection by the licensing authority, its agents and employees and peace officers of any political subdivision of the state.

J. When any merchandise prize is awarded in a game of bingo, its value shall be its current retail price. A merchandise prize shall not be redeemable or convertible into cash directly or indirectly.

K. Equipment, prizes and supplies for games of bingo shall not be purchased or sold at prices in excess of one hundred fifteen percent of the average price paid by other licensees as reported in the reports submitted to the licensing authority during the prior six-month period by licensees having the same class of license. A licensee shall not enter into any contract or purchase agreement whereby it agrees to limit its source of supplies.

L. An alcoholic beverage shall not be offered or given as a prize in any such game.

M. The net profits derived from the holding of games of bingo must be devoted within one year after the date such profits were earned to the lawful purposes of the organization allowed to conduct such games.  Any organization desiring to hold the net profits of games of bingo for a period longer than one year after the date such profits were earned must apply to the licensing authority for special permission and on good cause shown the authority may grant the request.

N. Any licensee that does not report during any one-year period the amount of its net profits, if any, shall be required to show cause before the licensing authority why its license to conduct games of bingo should not be revoked.

O. The licensing authority shall require a licensee that does not conduct bingo games during any one-year period to show cause why its license to conduct games of bingo should not be cancelled.

P. Except as otherwise provided by this section, a prize greater in amount or value than $1,000 shall not be offered or given in any single game of bingo conducted under any such license, and total prizes shall not exceed an amount or value greater than $3,000 for any occasion. Door prizes, discounts or other inducements with a value exceeding $250 per occasion shall not be offered or given away.

Q. Except for a class A licensee, on application to the licensing authority by the licensee the licensing authority may authorize one special bonus game to be played at weekly consecutive occasions with a quarterly prize limit of $12,000. A weekly consecutive occasion is an occasion played on the same day of each week during the quarter. The special bonus game may be played at each weekly consecutive occasion subject to the rules adopted by the licensing authority. The special bonus game is not subject to the prize limits prescribed by subsection P of this section.

R. The equipment used in playing bingo and the method of play shall be such that each card shall have an equal opportunity to be a winner.  The objects or balls to be drawn shall be essentially the same as to size, shape, weight, balance and all other characteristics that may influence their selection. All objects or balls shall be present in the receptacle before each game is begun. All numbers announced shall be plainly and clearly audible or visible to all the players present. Where more than one room is used for any one game, the receptacle, the person calling the numbers as they are drawn and the person removing the objects or balls from the receptacle must be present in the room where the greatest number of players is present and all numbers announced shall be plainly audible or visible to the players in that room and also audible or visible to the players in the other room or rooms. The cards or sheets of the players shall be part of a deck, group or series of cards, no two of which shall be alike and which shall not be so prepared or arranged as to prefer any card. A licensee may provide braille cards for legally blind persons or allow legally blind persons to supply their own braille cards. A legally blind person supplying the person's own cards shall pay a fee to the licensee equal to the fee that would be charged if the legally blind person obtained the cards from the licensee.  The bingo game activity shall be conducted and recorded in a manner as prescribed by the licensing authority to verify the gross receipts from each occasion.

S. The receptacle, the person calling the numbers as they are drawn and the person removing the objects or balls from the receptacle must be visible to all the players at all times except where more than one room is used for any one game and subsection R of this section applies.

T. The particular arrangement of numbers required to be covered in order to win the game and the amount of the prize shall be clearly and audibly or visibly described and announced to the players immediately before each game is begun.

U. Any players shall be entitled to call for a verification of all numbers drawn at the time a winner is determined and for a verification of the objects or balls remaining in the receptacle and not yet drawn.  The verification shall be made in the immediate presence of the supervisor and in full view of any player requesting the verification.

V. A person who is not physically present on the premises where the game is actually conducted shall not be allowed to participate as a player in the game.

W. A person who holds, operates or conducts, or assists in holding, operating or conducting, a game of bingo shall not play at any occasion at which such person works unless the game of bingo is conducted pursuant to a class A license.

X. The operator of a bingo game shall offer assistance to players with disabilities, subject to the following:

1. The operator of a bingo game may offer players technological aids for bingo games that function only as electronic substitutes for bingo cards and shall reserve at least two of these technological aids for use by players with disabilities. If no requests are made for the use of these technological aids within fifteen minutes after the scheduled start of a game of bingo, these reserved technological aids may be made available to any other player.

2. If the operator of a bingo game, or any other person that is involved in the conduct of a bingo game, charges players a fee for the use of technological aids for bingo games that function only as electronic substitutes for bingo cards or requires players to comply with a minimum purchase requirement for the use of these technological aids, players with disabilities may not be required to pay that fee or to comply with that minimum purchase requirement. This paragraph does not prohibit the operator of a bingo game or any other person that is involved in the conduct of a bingo game from requiring a player with a disability to comply with a minimum purchase requirement that is imposed on all players.

3. The operator of a bingo game that offers technological aids for bingo games that function only as electronic substitutes for bingo cards shall allow players with disabilities to claim prizes by presenting a printout or other evidence of a winning card.

4. The operator of a bingo game shall allow players to use a form of visual or audio signal to notify the operator of a winning pattern or bingo, which may include a flag, paddle, light, horn, bell or whistle or any other mechanical or electronic means.

5. If a player's disability restricts the player's ability to mark cards, use technological aids for bingo games that function only as electronic substitutes for bingo cards or announce bingo, the operator of a bingo game shall allow another person to assist the player with a disability in the bingo game.

6. A person with a disability who is employed by a bingo operator may use technological aids for bingo games that function only as electronic substitutes for bingo cards to properly carry out the person's job functions as those functions apply to the conduct of bingo games.
A.R.S. § 5-115 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 115
5-115 Violation; classification; civil penalties
Status: in_force

5-115. Violation; classification; civil penalties

A. At any racing meeting conducted under this article, a person is guilty of a class 4 felony, if the person:

1. Knowingly influences or has any understanding or connivance with any official, owner, jockey, trainer, groom, starter, assistant starter or other person associated with a stable, kennel or race in which any horse or dog participates to predetermine the result of a race.

2. Knowingly gives or offers a bribe in any form to any official, owner, trainer, jockey, driver or groom, starter or assistant starter or any other person licensed by the department or accepts or solicits a bribe in any form.

3. Knowingly has in the person's possession or in use, while riding or driving in any horse race, any mechanical or electric device capable of affecting a horse's performance other than an ordinary whip.

4. Knowingly commits any other corrupt or fraudulent practice in relation to racing that affects or may affect the result of a race.

5. For the purpose of selling or offering to sell predictions on horse races, harness races or dog races, advertises that he has predicted the outcome of any race that has been run in this state, unless the person has notified in writing the department or a representative of the department of his predictions at least three hours before the race involved on forms prescribed by the department.  A person shall not advertise the fact that he has notified the department or use the name of the department in any way whatsoever to promote the activities described in this section. For the purposes of this paragraph, "advertise" means the use of any newspaper, magazine or other publication, book, notice, circular, pamphlet, letter, handbill, tip sheet, poster, bill, sign, placard, card, label, tag window display, store sign, radio or television announcement, or other means or methods now or hereafter employed to bring to the attention of the public information concerning the outcome of horse or dog races. Nothing contained in this paragraph applies to any daily newspaper of general circulation that is regularly entered in the United States mail, or any other daily publication carrying complete past performances of horses or dogs entered in races, or to any regularly published magazine or periodical devoted to racing news, that has been published for at least two years.

B. It is a class 4 felony for:

1. A trainer or owner to enter a horse in a race if the trainer or owner knows that the horse is drugged or desensitized and that the racing performance of the animal is affected.

2. A person to perform the drugging or desensitizing of a horse if the person knows that the horse will compete in a race while so drugged or desensitized and knows that the racing performance of the animal is affected.

3. A person to intentionally fail to notify a steward as soon as reasonably possible that a horse entered in a race is drugged or desensitized or that a horse was not properly made available for the required tests or inspections and knows that the racing performance of the animal may be affected.

4. A person to intentionally impair or alter the normal performance of a pari-mutuel wagering system with the intent to defraud or injure the state or a permittee. Alteration of the normal performance of a pari-mutuel system includes:

(a) Altering, changing or interfering with any equipment or device used in connection with pari-mutuel wagering.

(b) Causing any false, inaccurate, delayed or unauthorized data, impulse or signal to be fed into, transmitted over, registered in or displayed on any equipment or device used in connection with pari-mutuel wagering.

5. A person to impair or alter the normal operation of simulcast broadcasts by intentionally doing any of the following with the intent to defraud or injure the state or a permittee:

(a) Intercepting or decoding a transmission of a simulcast signal, either in whole or in part, which has been authorized in writing for the use of pari-mutuel wagering and that the director has not provided written authorization for the person to receive or decode.

(b) Without written authorization from the director, manufacturing, distributing or selling a device, a plan or a kit for a device capable of intercepting or decoding a transmission of a simulcast signal with the intent that the device, plan or kit be used for interception or decoding.

(c) Without written authorization from the director, possessing a device, a plan or a kit for a device capable of intercepting or decoding a transmission of a simulcast signal with the intent that the device, plan or kit be used for the interception or decoding.

C. The department, in addition to any criminal penalties provided in this chapter and in addition to suspension or revocation of a credential or a license, may levy a civil penalty as to a licensee or a holder of a credential as follows:

1. In an amount of not more than five thousand dollars for each violation of any provision of subsection A of this section.

2. In an amount of not more than two thousand five hundred dollars for each violation of any provision of this chapter that constitutes grounds for suspension or revocation of a credential or license, except for violation of those provisions contained in subsection A of this section. All sums paid to the department pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

D. Any person who holds or conducts any racing meeting or operates an additional wagering facility without first complying with the provisions of this article, or any person who fails to submit to a drug test as directed by stewards or who violates any other provision of this article for which no other penalty is prescribed, is guilty of a class 2 misdemeanor.

E. A member of the commission or an employee of the department who at any time, directly or indirectly, knowingly receives any money, bribe, tip or other thing of value or service from any person connected with racing given with an intent to influence the member's or employee's official action, or any person connected with racing who, directly or indirectly, knowingly gives money, a bribe, a tip or any other thing of value or service to a member of the commission or an employee of the department with intent to influence the member's or employee's official action, is guilty of a class 4 felony.

F. A person who knowingly removes or alters, either directly or indirectly, any tattoo, other marking, device, coloration or special characteristic that is required by the department for the purpose of identifying a greyhound used or bred for racing purposes or a person who knowingly subjects a greyhound used or bred for racing purposes regulated under this chapter to grossly inhumane conditions or severe mistreatment is guilty of a class 6 felony. For the purposes of this subsection:

1. "Grossly inhumane conditions" means conditions arising from a person's reckless indifference to the consequences of an act or omission if the person, without any actual intent to injure, is aware from the person's knowledge of existing circumstances and conditions that the person's conduct will inevitably or probably result in injury to a greyhound used or bred for racing purposes.

2. "Severe mistreatment" means the infliction of physical pain, suffering or death on a greyhound used or bred for racing purposes in a manner that is either wanton or with reckless indifference to pain or suffering.
A.R.S. § 5-1304 — Arizona Code / Title 5 / Chapter 11 / Article 1 / Section 1304
5-1304 Licensure; application
Status: in_force

5-1304. Licensure; application

A. The department may issue not more than ten event wagering operator licenses to applicants other than an Indian tribe. The department may issue not more than ten event wagering operator licenses to Indian tribes in this state if the Indian tribe receiving a license has signed the most recent tribal-state gaming compact and any applicable appendices or amendments. The department shall issue event wagering operator licenses only to applicants that are either of the following in compliance with this chapter:

1. An owner of an Arizona professional sports team or franchise, operator of a sports facility that hosts an annual tournament on the PGA tour, promoter of a national association for stock car auto racing national touring race conducted in this state or the owner's, operator's or promoter's designee, contracted to operate event wagering for both retail event wagering at a sports facility or its complex as prescribed in subsection D of this section and mobile event wagering throughout the state. If a designee is used, the designee shall be considered the applicant and be subject to any requirements of the application process rather than the owner, operator or promoter.

2. An Indian tribe, or an entity fully owned by an Indian tribe, or its designee contracted to operate only mobile event wagering outside the boundaries of its Indian lands and throughout the state if it has signed the most recent tribal-state gaming compact and any applicable appendices or amendments.

B. An applicant for an event wagering license shall submit an application in a form prescribed by the department, including all of the following:

1. The identification of the applicant's principal owners that own more than five percent of the company, the partners, the members of its board of directors and the officers, the identification of any holding company, including its principals, that is engaged by the applicant to assist in the management or operation of event wagering, if applicable, and information to verify that the applicant is qualified to hold a license under subsection A of this section.

2. A full set of fingerprints for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.  The fingerprints shall be furnished by the applicant's officers and directors, if a corporation, members, if a limited liability company, and partners, if a partnership.  An applicant convicted of a disqualifying offense may not be licensed.

3. A notice and description of civil judgments obtained against the applicant pertaining to antitrust or security regulation laws of the federal government, of this state or of any other state, jurisdiction, province or country.

4. If the applicant has conducted gaming operations in a jurisdiction that allows such activity, letters of compliance from the regulatory body that regulates event wagering, sports wagering or any other gaming activity that the applicant is licensed for, conducts or operates under jurisdiction of the regulatory body.

5. Information, documentation and assurances concerning financial background and resources of the applicant or its management services provider as may be required to establish by clear and convincing evidence the financial stability and responsibility of the applicant or its management services provider, including bank references, business and personal income and disbursement schedules, tax returns and other reports filed with governmental agencies, and business and personal accounting and check records and ledgers. Each applicant or its management services provider, in writing, shall authorize the examination of all bank accounts and records as may be deemed necessary by the department. The department may consider any relevant evidence of financial stability. The applicant is presumed to be financially stable if the applicant or its management services provider establishes by clear and convincing evidence that it meets each of the following standards:

(a) The ability to ensure the financial integrity of event wagering operations by maintaining a bankroll or equivalent provisions adequate to pay winning wagers to bettors when due.  An applicant is presumed to have met this standard if the applicant or its management services provider maintains, on a daily basis, a bankroll or equivalent provisions in an amount that is at least equal to the average daily minimum bankroll or equivalent provisions, calculated on a monthly basis, for the corresponding month in the previous year.

(b) The ability to meet ongoing operating expenses that are essential to maintaining continuous and stable event wagering operations.

(c) The ability to pay, as and when due, all state and federal taxes.

6. Information to establish by clear and convincing evidence that the applicant or its management services provider has sufficient business ability and gaming experience as to establish the likelihood of creating and maintaining a successful and stable event wagering operation.

7. Information regarding the financial standing of the applicant, including each person or entity that has provided loans or financing to the applicant or its management services provider.

8. Information on the amount of adjusted gross event wagering receipts and associated adjusted gross receipts that the applicant expects to generate.

9. A nonrefundable application fee or annual licensing fee as prescribed by section 5-1310.

10. Any additional information required by the department to determine the financial and operational ability to fulfill its obligations as an event wagering operator.

C. Any applicant for licensure agrees to be subject to state jurisdiction to the extent necessary to determine the applicant's qualification to hold a license, including all necessary administrative procedures, hearings and appeals as provided in title 41, chapter 6 and department rules.

D. A license issued by the department pursuant to this section authorizes an event wagering operator identified in subsection A, paragraph 2 of this section to operate only mobile event wagering or an event wagering operator identified in subsection A, paragraph 1 of this section to offer both:

1. Event wagering in this state through an event wagering facility within a five-block radius of the event wagering operator's sports facility or, in the case of a designee, the sports facility or the designating owner, operator or promoter of a professional sports team, event or franchise. An event wagering facility within one mile of a tribal gaming facility must be:

(a) Within a sports complex that includes retail centers that are adjacent to the sports facility.

(b) Not more than one-fourth of a mile from a sports facility within the sports complex.

2. Event wagering through a mobile platform as specified by the department. A licensed event wagering operator or its designated management services provider may offer event wagering through an event wagering platform as specified by the department.

E. A license issued under this section is valid for five years if the licensee submits an annual license fee, maintains the qualifications to obtain a license under this section and substantially complies with this chapter and other laws and rules relating to event wagering. A licensee may renew its license by submitting an application in a form prescribed by department rule and the application fee.  A license may not be renewed if it is determined by the department that the event wagering operator has not substantially complied with this chapter or any other law regulating its event wagering operations or other operations licensed by the department. A licensee shall submit the nonrefundable annual license and application fees prescribed in section 5-1310 with its application for the renewal of its license.

F. A person may not apply for or obtain more than one event wagering operator license. A management services provider may offer services to more than one event wagering operator.
A.R.S. § 5-341 — Arizona Code / Title 5 / Chapter 3 / Article 5 / Section 341
5-341 Negligent operation of watercraft or water skis; restriction in operation of watercraft; violation; classification
Status: in_force

5-341. Negligent operation of watercraft or water skis; restriction in operation of watercraft; violation; classification

A. No person shall operate a watercraft in a careless, reckless or negligent manner.

B. A person shall not operate a watercraft while allowing a person to ride on the gunwales, the transom or the decked over bow of a watercraft propelled by machinery operating in excess of wakeless speed except if:

1. That portion of the watercraft was designed and constructed for the purpose of carrying passengers at all speeds.

2. The watercraft is being maneuvered for anchoring, mooring or casting off moorings.

C. No watercraft shall be operated with a passenger or passengers on the bow in such a manner as to obstruct the view of the operator.

D. No person on water skis, a surfboard or a similar contrivance shall behave in a careless, reckless or negligent manner.

E. Except in case of emergency no person under the age of twelve years may operate a watercraft propelled by a motor of greater than eight horsepower unless the person's parent or legal guardian or at least one person who is eighteen years of age or older is present on the watercraft.

F. Except as provided in subsection E, it is unlawful for any person to allow another person under the age of twelve to operate a motor-powered watercraft.

G. A person violating subsection A, B, C or D is guilty of a class 2 misdemeanor.
A.R.S. § 5-1134 — Arizona Code / Title 5 / Chapter 9 / Article 2 / Section 1134
5-1134 Excise tax on hotels and motels
Status: in_force

5-1134. Excise tax on hotels and motels

(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 42-5070 within 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 .45 per cent of the tax base prescribed by section 42-5070.
A.R.S. § 5-111.02 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 111.02
5-111.02 Capital improvements at horse tracks; reduction in percentage to state; approval by commission; definition
Status: in_force

5-111.02. Capital improvements at horse tracks; reduction in percentage to state; approval by commission; definition

A. To encourage the improvement of racing facilities for the benefit of the public, breeders and horse owners, and to increase the revenue to the state from the increase in pari-mutuel wagering resulting from such improvements, the percentage paid by a permittee to the state as provided in section 5-111, subsection C shall be reduced by one percent of the total amount wagered in connection with all racing meetings conducted in counties having a population of five hundred thousand persons or more and by two percent of the total amount wagered in connection with all racing meetings conducted in all other counties for those permittees who make capital improvements to racetracks and such amount shall be retained by the permittees making such capital improvements. When a permittee other than the permittee making the capital improvements, such as a lessee, is authorized to conduct racing at the facility being improved, the percentage paid by such permittee to the state as provided in section 5-111, subsection C shall be reduced by one percent of the total amount wagered and such amount shall be paid by such permittee to the permittee making the capital improvements.

B. In order to qualify for the reduction in percentage, a permittee shall first apply to the commission in such form as the commission may require. The application shall contain, but is not limited to, full details of the proposed capital improvement and the cost and expenses to be incurred, economic justification for approval of the application by an estimate of the additional pari-mutuel revenues accruing to this state as the result of the proposed capital improvement, a description of any public safety concerns to be resolved by the proposed capital improvement and a management and construction plan for the indicated capital improvement, including:

1. The approach and structure of construction management.

2. Construction schedules and detailed cost estimates.

3. Construction progress and cost revision reporting systems.

C. More than one capital improvement at a horse track may be consolidated in one application. Following receipt of the application the commission shall either approve or disapprove the application within forty-five days thereafter and shall, within ten days after taking action on the application, transmit a copy of the application and notification of the action taken by the commission on the application to the president of the senate and speaker of the house of representatives. If the application submitted by the permittee is approved by the commission, the permittee qualifies for the decrease in percentage prescribed by subsection A of this section. The commission shall not approve an application submitted pursuant to this subsection unless the commission determines that the capital improvement will promote the safety of racing horses or increase the safety, convenience or comfort of the people and is in the best interest of horse racing and this state generally. If the commission approves an application submitted pursuant to this section, the director shall conduct periodic inspections of the capital improvement at least monthly during the construction period of the capital improvement in order to ascertain compliance with the permittee's application. In the event that such approved project has not commenced within one year following approval by the commission, unless such period is extended by the commission, the funds not expended pursuant to the approval of the commission shall revert to the general fund of the state and a decrease in the percentage paid to this state by reason of the approval of the commission shall terminate. The commission may suspend or revoke the authority of the permittee to expend capital improvement monies for failure to comply with the capital improvement application approved pursuant to subsection B of this section. The permittee shall notify the commission of the completion of construction on each capital improvement authorized pursuant to subsection B of this section.

D. Except as provided in subsection H of this section, the decrease in percentage paid to this state by the permittee pursuant to this section starts from the date horse racing is first conducted following the date of approval by the commission of the permittee's application for the funding of a capital improvement at the horse track and continues until sufficient funds have been obtained for completion of the capital improvement approved by the commission.

E. Following commission approval of an application for funding of a capital improvement at a horse track pursuant to this section, the permittee shall set aside in a separate capital improvement escrow or trust account all monies retained from the decrease in the state's share. The monies in the account and any interest on the monies may be used only for the capital improvement previously approved by the commission. The permittee shall provide to the commission quarterly reports on a form prescribed by the director that show for the previous calendar quarter:

1. Payments to and expenditures from each capital improvement or trust account established pursuant to this section.

2. The progress of construction on the capital improvement approved by the commission.

F. The cost of a capital improvement shall be determined by generally accepted accounting principles and verified on completion of the project by an audit of the permittee's records conducted by the auditor general acting at the instructions of the commission or an independent certified public accountant selected by the permittee and approved by the commission.

G. In this section, unless the context otherwise requires, "capital improvement" means an addition, replacement or remodeling of a racetrack facility involving an expenditure of at least fifty thousand dollars. Capital improvement also includes architectural and design expenses directly related to such addition, replacement or remodeling, whether incurred before or after project approval by the commission. Capital improvement does not include the cost of ordinary repairs and maintenance required to keep a racetrack facility in ordinary operating condition and does not include operational expenses, but may include the direct acquisition of water trucks and tractors.

H. In counties with a population of less than five hundred thousand persons, a decrease in the percentage paid to this state by the permittee pursuant to this section shall not begin until from and after June 30, 1995.

I. This section expires on June 30, 1992 for counties with a population of five hundred thousand persons or more. This section expires on June 30, 1999 for counties with a population of less than five hundred thousand persons. Projects approved prior to either of these dates may continue until their completion under the terms of this section and the decrease in percentage paid to the state by the permittee shall continue until sufficient funds have been obtained for completion of the approved capital improvement.
A.R.S. § 5-230 — Arizona Code / Title 5 / Chapter 2 / Article 2 / Section 230
5-230 License fees; expiration; renewal; medical examinations
Status: in_force

5-230. License fees; expiration; renewal; medical examinations

A. The commission may establish and issue annual licenses and may establish and collect fees for those licenses.  The commission shall deposit the license fees in the unarmed combat subaccount in the racing regulation fund established by section 5-226.

B. A license expires at midnight three hundred sixty-five days after the date of issuance and may be renewed on filing an application for renewal of a license with the commission and payment of the license fee prescribed in subsection A of this section. The application for renewal of a license shall be on a form provided by the commission. There is a thirty-day grace period during which a license may be renewed if a late filing penalty fee equal to the license fee is submitted with the regular license fee. A licensee that files late shall not conduct any activity regulated by this chapter until the commission has renewed the license.  If the licensee fails to apply to the commission within the thirty-day grace period, the licensee must apply for a new license pursuant to subsection A of this section.

C. The results of all combatant medical examinations expire three hundred sixty-five days after the date the medical examination is performed.  The commission may grant a grace period of up to fifteen days to align with the licensing period.
A.R.S. § 5-232 — Arizona Code / Title 5 / Chapter 2 / Article 2 / Section 232
5-232 Age of participants
Status: in_force

5-232. Age of participants

A person who is under eighteen years of age shall not participate in any boxing or mixed martial arts contest.
A.R.S. § 5-703 — Arizona Code / Title 5 / Chapter 7 / Article 1 / Section 703
5-703 Posting ski information signs
Status: in_force

5-703. Posting ski information signs

A. A ski area operator shall maintain a sign and marking system with concise, simple and pertinent information for the protection and instruction of skiers. The signs required by this section shall be readable in conditions of ordinary visibility and, if applicable, that are adequately lighted for nighttime skiers.

B. A ski area operator shall place a sign that depicts and explains signs and symbols that skiers may encounter in the ski area in a position where all skiers who are proceeding to the uphill loading point of each base area lift will see the sign. The sign shall depict and explain at least the following signs and symbols:

1. A green circle and the word "easier", which designates the least difficult ski slopes and trails of the ski area.

2. A blue square and the words "more difficult", which designates the ski slopes and trails of the ski area that have a degree of difficulty between the least difficult and most difficult slopes and trails.

3. A black diamond and the words "most difficult", which designates the most difficult ski slopes and trails of the ski area.

4. A figure in the shape of a skier with a band running diagonally from corner to corner of the sign with the word "closed" printed beneath the emblem.

C. If applicable, a ski area operator shall place a sign at or near the loading point of a passenger tramway that states one of the following:

1. If the tramway transports passengers only to the more difficult or most difficult ski slopes and trails in the ski area, the sign shall state: "WARNING: This lift services 'more difficult' (blue square emblem) and 'most difficult' (black diamond emblem) slopes and trails only.".

2. If the tramway transports passengers only to the most difficult ski slopes and trails in the ski area, the sign shall state: "WARNING: This lift services 'most difficult' (black diamond emblem) slopes and trails only.".

D. If a ski area operator closes a ski slope or trail or a portion of a ski slope or trail to the public, the operator shall place a sign notifying skiers that the slope or trail or portion of the slope or trail is closed at each identified entrance to the slope or trail or closed portion of the slope or trail. In lieu of placing a sign at each identified entrance, the ski area operator may close off the entrance with rope or fences.

E. A ski area operator shall place a sign at or near the beginning of each ski slope or trail that contains the appropriate symbol of the relative degree of difficulty of that slope or trail as set forth in subsection B. The requirements of this subsection do not apply to a ski slope or trail that is designated "easier" if a skier may substantially view the slope or trail in its entirety before beginning to ski the slope or trail.

F. A ski area operator shall mark the ski area boundaries that are designated on the trail map.

G. A ski area operator shall mark all ski lift tickets and season passes that the operator sells or makes available to skiers with the following in clearly readable print:

Warning: Under Arizona law, a skier accepts the risk of any injury to person or property resulting from any of the inherent dangers and risks of skiing, including changing weather conditions, existing and changing snow surface conditions, surface or subsurface conditions, whether marked or unmarked, collisions with natural or man-made objects, whether marked or unmarked and the failure of skiers to ski within their own abilities.

H. A ski area operator shall post and maintain signs where ski lift tickets and ski school lessons are sold and in a location that is clearly visible to skiers who are proceeding to the uphill loading point of each base area lift that state the following in clearly readable print:

Warning--important: Under Arizona law, a skier accepts the risk of any injury to person or property resulting from any of the inherent dangers and risks of skiing. Some of these risks are listed on your lift ticket or season pass. Please review your ticket or pass and ask the ski area personnel for more information.
A.R.S. § 5-807 — Arizona Code / Title 5 / Chapter 8 / Article 1 / Section 807
5-807 Constructing and operating multipurpose facility
Status: in_force

5-807. Constructing and operating multipurpose facility

A. The authority shall construct, finance, furnish, maintain, improve, operate, market and promote the use of a multipurpose facility and do all things necessary or convenient to accomplish those purposes.  One or more site hosts shall provide the land, infrastructure and parking facilities associated with the multipurpose facility. The authority shall own the multipurpose facility, subject only to liens and other security interests of record.  The authority may own or lease the land on which the multipurpose facility is located.

B. The executive director shall:

1. Recommend to the board for its approval a contractor and architect, unless the architect will be employed directly by the contractor.

2. Work with the users, contractor and architect to prepare a design for the multipurpose facility and submit the design to the board for its approval.

3. Prepare the construction budget and schedule for the multipurpose facility and submit them to the board for its approval.

4. Prepare the annual operating budget for the multipurpose facility and submit it to the board for its approval.

5. Negotiate use agreements with parties that will use the multipurpose facility on a regular basis, including parties that will make a contribution toward the construction of the facility, and submit the agreements to the board for its final action. Any such agreement that grants naming or other advertising rights must include a provision requiring the multipurpose facility name and other advertising to comply with community decency standards.

6. Negotiate agreements with the contractor and architect, unless the architect will be employed directly by the contractor, and submit the agreements to the board for its final action.

7. Review construction change order requests and submit them to the board with recommendations for final action.

8. Arrange for capital and operating financing, as needed, and submit the transactions to the board for its final action.

9. Analyze and recommend to the board potential sites for the multipurpose facility proposed at any time before September 13, 2002 by a site host.

10. Negotiate agreements with site hosts, including intergovernmental agreements pursuant to title 11, chapter 7, article 3 if a site host is a public agency, as defined in section 11-951, concerning the land, infrastructure and parking to be provided by the site host and submit the agreements to the board for its final action.  All agreements must:

(a) Provide that the site host shall indemnify and hold harmless the authority and this state from any liability to the extent resulting from the negligent or intentional acts or omissions of the site host, its representatives and agents or employees resulting from any access ways provided by the site host and reasonably used by the public for ingress and egress to the land, infrastructure and parking facilities provided by the site host for use in connection with the multipurpose facility.

(b) Require any site host to maintain insurance or an adequate self-insurance plan for any liability of the site host, with a waiver of sovereign immunity if necessary.

11. In consultation with the users of the multipurpose facility, negotiate a contract with a management firm to operate, promote and market the multipurpose facility and submit the contract to the board for its final action.

12. In consultation with the users of the multipurpose facility, negotiate contracts with concessionaires and other providers for food, beverage and other services at the multipurpose facility and submit the contracts to the board for its final action.

13. Take other actions that are necessary to ensure that the multipurpose facility is constructed according to the schedule and budget approved by the board.

C. Title 34 applies to the authority, except that regardless of the funding source for design and construction of facilities and structures and notwithstanding title 41, chapter 23, the authority may establish alternative systems and procedures, including the use of the design-build method of construction and the use of qualifications-based selection of contractors with experience in stadium design or construction, by either direct selection or by public competition, to expedite the design and construction of any of its facilities or structures or any facilities or structures leased to it or used by it pursuant to an intergovernmental agreement.  For purposes of this subsection:

1. "Design-build" means a process of entering into and managing a contract between the authority and another party in which the other party agrees to both design and build any structure, facility or other items specified in the contract.

2. "Qualifications-based selection" means a process of entering into and managing a contract between the authority and another party in which the other party is selected by the authority on the basis of the party's qualifications and experience in designing or constructing facilities, structures or other items similar to those the authority is authorized to construct or lease.

D. The plans and specifications for the multipurpose facility are subject to review and approval by the board.  The board shall inspect and approve construction of the facility, if it conforms to the plans and specifications and applicable engineering standards.  Throughout the life of the multipurpose facility, the board is responsible and shall monitor and take action as necessary to ensure the appropriate maintenance and operation of the facility.

E. To assure that a site host has the financial capability to perform its obligations under any agreements with the authority, before entering into an agreement with any site host, the authority shall either:

1.  Cause a review of the financial books and records of the site host by an independent certified public accountant selected by the authority who shall prepare for the authority, and attest to, a report setting forth the results of that review.

2.  Provide in the agreement with the site host another method for assuring the payment of the obligations of the site host. The alternative methods for assuring payment may include:

(a) Deposits in a construction trust account in an amount equal to the site host's estimated obligations to the authority.

(b) Posting a bond in an amount equal to the site host's estimated obligations to the authority.

(c) Providing the authority with a letter of credit in an amount equal to the site host's estimated obligations to the authority.

(d) Other similar financial assurance.

F. The authority shall provide in any agreements between the authority and a site host that is an Indian tribe:

1. A waiver of sovereign immunity to allow the enforcement by the authority of the agreements entered into between the authority and the Indian tribe.

2. A consent to the jurisdiction of state and federal courts by the Indian tribe.

3. A waiver of the right to require the authority to exhaust tribal remedies before bringing an action in state or federal courts.

4. That state and federal law will govern the interpretation of any agreements entered into between the authority and the Indian tribe.

5. An agreement that the Indian tribe will levy, collect and pay to the authority a charge or other imposition equivalent to the taxes provided in section 5-840 for any hotel located within a development area to be defined by agreement between the authority and the Indian tribe around the multipurpose facility.

6.  An agreement that the Indian tribe will provide for an annual disclosure of gross proceeds of sales or gross income as determined for purposes of a tax base under the transient lodging transaction privilege tax classification under section 42-5070 and contributions made to the authority equal to the taxes as provided by section 5-840.
A.R.S. § 5-362 — Arizona Code / Title 5 / Chapter 3 / Article 6 / Section 362
5-362 Diver flag
Status: in_force

5-362. Diver flag

A red flag with white diagonal stripe from staffhead to opposite corner shall be recognized as a diver flag and shall be displayed when a person or persons are actually diving below the water surface and are equipped with apparatus to allow such person or persons to breathe under water.
A.R.S. § 5-108 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 108
5-108 Issuance of permit or license; grounds for refusal to issue; nontransferable; renewal
Status: in_force

5-108. Issuance of permit or license; grounds for refusal to issue; nontransferable; renewal

A. The department shall conduct a thorough investigation concerning the application for a permit or a license and:

1. The department may refuse to issue or renew a license or the commission may refuse to approve or renew a permit for any applicant if there is substantial evidence to find that the applicant:

(a) Has been suspended or ruled off a recognized course in another jurisdiction by the racing board or commission thereof.

(b) Has, when previously licensed or granted a permit, violated the racing laws of this state or of any other state or the regulations of the commission.

(c) Is a corporation, firm or association not duly qualified and authorized to conduct business within this state.

(d) If an individual, has been convicted of a felony or any crime involving moral turpitude, or, if a corporation, firm or association, is controlled or operated directly or indirectly by a person or persons who have been convicted of a felony or any crime involving moral turpitude.

(e) If an individual, is engaged in or has been convicted of wagering by other than the mutuel method or in pool selling or bookmaking in any state of the United States or foreign country where such other method, pool selling or bookmaking is illegal or, if a corporation, firm or association, is controlled or operated directly or indirectly by a person who is engaged in or has been convicted of wagering by other than the mutuel method or in pool selling or bookmaking in any state of the United States or foreign country where such other method, pool selling or bookmaking is illegal.

(f) Has wilfully violated any provision of this chapter or any of the rules and regulations of the commission.

(g) Should not, in the best interest of the safety, welfare, economy, health and peace of the people of the state, be granted a license or permit.

(h) Has entered into any contract or contracts that will not further the best interests of racing or be in the public interest or, in the case of permittees or applicants for permits to conduct racing meetings, has failed to file with the department a contract, as an addendum to an application for a permit to conduct a racing meeting, providing for food and beverage concession rights, if any, at that racing meeting. A food and beverage concessionaire contract filed with the department pursuant to this section shall be available to the public on request.

(i) Has failed to inform the department on or before May 15 of each year in writing of any material change, occurring during the immediately preceding year of the license or permit term, in the information supplied by the applicant in the application, for a license or permit.  If a licensee or permittee fails to file such information, the department shall notify the licensee or permittee of the failure to file and the licensee or permittee shall have an additional fifteen days, after the notice is mailed to the last known address of the licensee or permittee, to file the information.

2. The commission may refuse to approve or renew a permit to conduct a racing meeting or a food and beverage concessionaire license for any ground set forth in paragraph 1 of this subsection or if there is substantial evidence to find that:

(a) The applicant is not possessed of or has not demonstrated financial responsibility sufficient to meet adequately the requirements of the enterprise proposed to be authorized.

(b) The applicant is not the true owner of the enterprise proposed to be granted a permit, that other persons have ownership in the enterprise and that fact has not been disclosed or, if the applicant is a corporation, that ten percent of the stock of the corporation is subject to a contract or option to purchase at any time during the period for which the permit is issued unless the contract or option was disclosed to the department and the department approved the sale or transfer during the period of the permit.

(c) The granting of a permit or license in the locality set out in the application is not in the public interest or convenience.

(d) The applicant, if a corporation or any holder of more than ten percent of the outstanding stock of any class, transferred, pledged or in any other way collateralized any of its stock after an application for a permit or license was filed with the department, without prior department approval. Subdivision (b) of this paragraph and this subdivision do not apply to day-to-day transfers of stock of a publicly held corporation unless the transfer, or a combination of transfers, involves a controlling interest in or affects the operational control of the corporation, or involves ten percent or more of any class of stock of the corporation owned by the controlling shareholders or the manager of any racing meeting.

(e) The applicant has, or if the applicant is a corporation, its officers, managerial employees, directors or substantial stockholders have, committed acts of moral turpitude in this state or have wilfully violated a material racing statute of this state or a material rule or regulation of the commission.  If the commission makes such a finding, with respect to an officer, managerial employee, director or substantial stockholder, the applicant may be denied a permit only on the failure to remove the officer, managerial employee or director or the failure of the substantial stockholder to sell its stock interest. For purposes of this subdivision a substantial stockholder is one who owns ten percent of the issued and outstanding stock of the applicant.

3. The department may deny or refuse to renew a license or the commission may refuse to approve or renew a permit for any person who has made a knowingly false statement of a material fact to the department.

4. The department may deny or refuse to renew a license or the commission may refuse to approve or renew a permit to any applicant if the applicant has failed to meet any monetary obligation in connection with any racing meeting held in this state.

5. The department shall refuse to issue or renew a license or the commission shall refuse to approve or renew a permit for any applicant if there is substantial evidence to find that the applicant, if an individual, has been convicted within the last five years of a felony or any crime involving moral turpitude or, if a corporation, firm or association, is controlled or operated directly or indirectly by a person or persons who have been convicted within the last five years of a felony or any crime involving moral turpitude.

B. The department, in conducting the investigation referred to in this section, shall have the full cooperation of all state agencies and departments, including the department of public safety, and the agencies and departments shall make their personnel available to the department, on request.

C. If the commission determines that the applicant for a permit, whether such applicant is a lessee or an individual or corporate owner of the tracksite, meets the requirements prescribed by this article and the rules and regulations of the commission, it shall approve the permit. The permit shall be approved for a period of not more than three years. Any renewal of a permit shall be pursuant to subsection D of this section.

D. Except as provided by subsection C of this section, permits shall be renewed for successive periods of not more than three years unless the commission revokes the permit or refuses to renew the permit for any of the grounds enumerated in this section or section 5-108.03. The renewal of a permit shall be denied only after a full hearing and a finding of good cause for refusing renewal has been made by the commission.

E. The director shall suspend or revoke a license or the commission shall deny or revoke a permit of a person who intentionally provides false information to the department or any other governmental agency concerning the person's criminal history background. The director may suspend or revoke a license or the commission may deny or revoke a permit of a person who negligently or recklessly provides false information to the department or any other governmental agency concerning the person's criminal history background.

F. Except as provided by this subsection, the director may grant a license or the commission may approve a permit to engage in the racing industry in this state only after all necessary investigation of the background of the applicant required by this article has been completed. A temporary permit approved by the commission or a temporary license valid for a period of not more than ninety days may be issued by the director before the time the investigation of the background of the applicant for the license or permit has been completed. After a temporary license or permit has been issued, the director may suspend or revoke a temporary license or the commission may revoke a temporary permit for any reason that would be grounds to refuse to issue, approve or renew a license or permit under subsection A of this section.
A.R.S. § 5-231 — Arizona Code / Title 5 / Chapter 2 / Article 2 / Section 231
5-231 Financial interest in combatant prohibited
Status: in_force

5-231. Financial interest in combatant prohibited

A person shall not have, either directly or indirectly, any financial ownership interest in a combatant competing on premises owned or leased by the person, or in which the person is otherwise interested.
A.R.S. § 5-237 — Arizona Code / Title 5 / Chapter 2 / Article 2 / Section 237
5-237 Selection of referees
Status: in_force

5-237. Selection of referees

The commission shall select and assign referees. The matchmaker may protest the assignment of a referee and request a referee reassignment. In such an event the commission shall make a reasonable effort to grant the request for referee reassignment.
A.R.S. § 5-226 — Arizona Code / Title 5 / Chapter 2 / Article 2 / Section 226
5-226 Levy of tax on gross receipts; disposition; verification and financial audit; definition
Status: in_force

5-226. Levy of tax on gross receipts; disposition; verification and financial audit; definition

A. Any person who promotes a boxing contest in this state pursuant to this article shall comply with rules adopted pursuant to this article and shall within ten days after the contest pay to the department four percent of the gross receipts, after the deduction of city, state and federal taxes, of the match or exhibition.

B. The department shall verify the gross receipts of a contest.  The director may require a person licensed under this article to supply a certified financial audit to the department.  The director shall adopt rules that require each person licensed under this article to select a certified public accountant to conduct the financial audit.  The financial statements prepared pursuant to this section shall be prepared in accordance with generally accepted accounting principles and shall include any additional schedules the director requires.  A person subject to a financial audit under this section shall afford reasonable and needed facilities and make returns and exhibits to the department in the form and at the time prescribed by the director.

C. The department of gaming shall establish an unarmed combat subaccount within the racing regulation fund established by section 5-113.01.  At the end of each month the director of the department of gaming shall report to the department of administration the total amount received under this chapter from all sources, including license fees, and shall deposit that amount, pursuant to sections 35-146 and 35-147, in the unarmed combat subaccount of the racing regulation fund.

D. A promoter may issue complimentary tickets that are exempt from taxation pursuant to this title. If a promoter issues complimentary tickets, the exemption from taxation applies to two percent of the total number of tickets issued for the event or seventy-five tickets, whichever is greater.

E. The department shall collect and account for revenues for the commission, including license fees required by section 5-230, the levy of the tax on gross receipts imposed by this section and the cash bond or surety bond deposited pursuant to section 5-229. The director shall report and deposit all revenues collected pursuant to this subsection, from whatever source, pursuant to subsection C of this section. The director shall adopt rules as necessary to accomplish the purposes of this section.

F. For the purposes of this section, "gross receipts" means all receipts from the face value of tickets sold.
A.R.S. § 5-1133 — Arizona Code / Title 5 / Chapter 9 / Article 2 / Section 1133
5-1133 Excise tax on car rentals
Status: in_force

5-1133. Excise tax on car rentals

(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 an excise tax on the gross proceeds of sales or gross income from the business of leasing or renting motor vehicles in the authority by a person engaging or continuing in a business taxed under title 42, chapter 5 and classified under section 42-5071, beginning on the first day of the first month beginning ninety days after the election.  The tax shall be in effect for three hundred sixty months except as provided by section 5-1139. The tax imposed pursuant to this section is in addition to any other taxes levied by this state or any other political subdivision of this state.

B. Except as provided by section 5-1139, the rate of the tax is .35 per cent of the tax base prescribed by section 42-5071.

C. The tax applies to the business of leasing or renting in the authority, 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 tax does not apply to the lease or rental of:

1. A motor vehicle as a temporary replacement vehicle that is loaned at no charge by a repair facility or dealer for use while the vehicle that it is replacing is not in service because of breakdown, repair, service, damage or loss.

2. A motor vehicle 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.

E. The tax is not taxable under section 42-5071.
A.R.S. § 5-1311 — Arizona Code / Title 5 / Chapter 11 / Article 1 / Section 1311
5-1311 License restrictions; prohibited licensees; violation; classification
Status: in_force

5-1311. License restrictions; prohibited licensees; violation; classification

A. The following persons or their immediate family members may not apply for or obtain a license under this chapter:

1. An employee of the department.

2. An employee of any professional sports team.

3. A coach of or player for a collegiate, professional or olympic sports team or sport.

4. An individual who has been convicted of a crime related to sports or event wagering on a sports event or other event, cheating, extortion, burglary, larceny, bribery, embezzlement, robbery, racketeering, money laundering, forgery or fraud.

5. An individual who has the ability to directly affect the outcome of a sports event or other event for which wagers are allowed.

6. Any other category of individuals that, if licensed, would negatively affect the integrity of event wagering in this state.

B. A licensee may not:

1. Allow a person under twenty-one years of age to place a wager.

2. Offer, accept or extend credit to a bettor.

3. Target minors in advertising or promotions.

4. Offer or accept a wager on any event, outcome or occurrence, including a high school sports event offered, sponsored or played in connection with a public or private institution that offers education at the secondary level, other than a sports event or other event.

5. Accept a wager from a person who is on the department's list of self-excluded persons created and maintained by an Indian tribe or the department.

6. Accept a wager from a prohibited participant.

C. A violation of this section is:

1. For a first offense, a class 3 misdemeanor.

2. For a second or subsequent offense, a class 1 misdemeanor.
A.R.S. § 5-832 — Arizona Code / Title 5 / Chapter 8 / Article 2 / Section 832
5-832 General fund; investments
Status: in_force

5-832. General fund; investments

A. The authority shall maintain a general fund, divided into a construction account, a facility revenue clearing account and a tourism revenue clearing account.  The authority may establish additional accounts and subaccounts as necessary and convenient.  All revenues and monies received by the authority shall initially be deposited in accounts and subaccounts in the general fund as provided by law.

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 become insufficient to meet the authority's obligations, the board shall direct the treasurer to liquidate sufficient securities to meet all of the current obligations and immediately notify the auditor general of the insufficiency.  The auditor general shall investigate and audit the circumstances surrounding the depletion of the fund and report the findings to the board.
A.R.S. § 5-104.01 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 104.01
5-104.01 Audits and special investigations; exemption
Status: in_force

5-104.01. Audits and special investigations; exemption

A. The department shall require that an annual financial audit be conducted of each permittee licensed under this chapter. The department may also require a financial audit from any concessionaire licensed under this article. The department may, for any audit required by this section, require a permittee or concessionaire to supply a certified audit to the department. The commission shall adopt rules that require each permittee to select an accounting firm approved by the auditor general to conduct the annual financial audit when a certified audit is required. Audits performed pursuant to this section shall be conducted in accordance with auditing standards established by the auditor general.

B. All permittees and licensees subject to the financial audit as prescribed by this section shall afford reasonable and needed facilities and make returns and exhibits to the department or audit firm in the form and at the time prescribed by the department. The auditor representing the department shall have access to all information, records, pari-mutuel betting devices and equipment necessary to conduct electronic data processing and other audits and reviews. The computer software and other proprietary information and records obtained by the auditor are not subject to disclosure and are exempt from title 39, chapter 1.

C. The commission may reduce the number of racing days of a permittee or revoke the permit or license of a person who knowingly fails or refuses to make the prescribed returns or exhibits or give information as required.

D. The department may expend monies for the purpose of special investigations of permittees or licensees to determine compliance with this chapter or the rules issued pursuant to this chapter.

E. The department may require that the audit and investigation of a permittee and licensee include any person who has a substantial interest, as defined in section 38-502, in the permittee or licensee.

F. This section does not apply to a racing meeting operated by a county fair association.
A.R.S. § 5-705 — Arizona Code / Title 5 / Chapter 7 / Article 1 / Section 705
5-705 Duties of skiers in any action against the ski area operator
Status: in_force

5-705. Duties of skiers in any action against the ski area operator

In any civil action brought by a skier against a ski area operator, the duties of a skier shall be as follows:

1. At all times a skier has the sole responsibility to know the range of the skier's own ability to negotiate a ski slope or trail and to ski within the limits of that ability. A skier expressly accepts the total risk of and all legal responsibility for injury to person or property resulting from any of the inherent dangers and risks of skiing.

2. Before using a chair lift, passenger tramway, rope tow or surface lift, a skier shall have the knowledge and ability to safely load, ride and unload from the device.

3. A skier shall maintain control of the skier's speed and course at all times when skiing and shall maintain a proper lookout to enable the skier to avoid collisions with other skiers and with natural and man-made objects, whether marked or unmarked.

4. A skier shall avoid snow maintenance and grooming equipment, vehicles, lift towers, signs and other equipment located on ski slopes and trails.

5. A skier shall heed all posted information, signs and other warnings and shall refrain from acting in a manner that may cause or contribute to the injury of the skier or other persons or property. A skier is presumed to have seen and understood all signs and notices posted pursuant to sections 5-702, 5-703 and 5-704. Under conditions of decreased visibility, the duty rests on the skier to locate and ascertain the meaning of all the signs and notices.

6. A skier shall only use skis, snowboards and other equipment that have been equipped with a functional strap or other device designed to reduce the risk of runaway equipment.

7. A skier shall not ski on a ski slope or trail or a portion of a ski slope or trail that a ski area operator has designated as closed pursuant to section 5-703, subsection D.

8. A skier shall not begin to ski from a stationary position or enter a ski slope or trail from the side unless the skier is able to avoid colliding with moving skiers already on the ski slope or trail.

9. A skier shall not cross the uphill track or place any object in the uphill track of a rope tow or surface lift except at locations that have been designated for crossing by a ski area operator.

10. A skier shall not move uphill on any passenger tramway or use any ski slope or trail while the skier's ability to do so is impaired by the consumption of alcohol or by the use of any narcotic or other drug.

11. A skier involved in a collision with another skier that results in an injury shall not leave the vicinity of the collision before giving the skier's name and current address to an employee of the ski area operator or a member of a paid or voluntary ski patrol. This paragraph does not prohibit a skier from leaving the scene of a collision to secure first aid for a person who is injured in the collision. If a skier leaves the scene of a collision to secure first aid, the skier shall leave the skier's name and current address as required by this paragraph after securing the first aid.

12. A skier shall not knowingly enter the public or private lands of an adjoining ski area if the owner of that land has closed that land to skiers and the landowner or the ski area operator has designated the adjoining land as closed.
A.R.S. § 5-1433 — Arizona Code / Title 5 / Chapter 12 / Article 2 / Section 1433
5-1433 Performance audit
Status: in_force

5-1433. Performance audit

A. Beginning not later than 2027, and at least every fifth year thereafter, the auditor general shall conduct a performance audit as defined in section 41-1278 of the authority.

B. On or before November 30 of the respective year, the auditor general shall issue a public report of the performance audit, including findings and specific recommendations for statutory and administrative changes to improve the operation of the authority. The auditor general shall submit copies of the report to the governor, the president of the senate, the speaker of the house of representatives and the secretary of state.
A.R.S. § 5-1476 — Arizona Code / Title 5 / Chapter 12 / Article 3 / Section 1476
5-1476 Effect of changing circumstances on bonds; agreement of state
Status: in_force

5-1476. 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 person whose signature appears on the bonds ceases to be an officer of the authority.

B. An amendment of 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. § 5-1138 — Arizona Code / Title 5 / Chapter 9 / Article 2 / Section 1138
5-1138 Administration of tax
Status: in_force

5-1138. Administration of tax

(Conditionally Rpld.)

A. Unless the context otherwise requires, section 42-6102 governs the administration of the taxes imposed under this article.

B. Each month the state treasurer shall transmit the net revenues collected pursuant to this article to the authority for deposit in the general fund.
A.R.S. § 5-569 — Arizona Code / Title 5 / Chapter 5.1 / Article 2 / Section 569
5-569 Lottery redemption agents
Status: in_force

5-569. Lottery redemption agents

The director may make arrangements for redemption agents to perform functions, activities or services in connection with the operation of the lottery, including direct payment of prizes not exceeding five thousand dollars, as he deems advisable pursuant to this chapter and the rules promulgated under this chapter. The director may make arrangements for payment of reasonable fees for such services. Notwithstanding any other statute, such functions, activities or services constitute lawful functions, activities and services of banks, savings and loan associations and credit unions.
A.R.S. § 5-1469 — Arizona Code / Title 5 / Chapter 12 / Article 3 / Section 1469
5-1469 Bond purchase for cancellation
Status: in_force

5-1469. Bond purchase for cancellation

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

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

2. If the bonds are not redeemable at the time of purchase, the applicable redemption price on the first date after purchase on which the bonds become subject to redemption plus accrued interest to that date.
A.R.S. § 5-1162 — Arizona Code / Title 5 / Chapter 9 / Article 3 / Section 1162
5-1162 Obligation for the bonds
Status: in_force

5-1162. Obligation for the bonds

(Conditionally Rpld.)

Bonds issued under this article:

1. Are payable only according to their terms.

2. Are obligations of the authority.

3. Are not general, special or other obligations of this state, or of the county or any city or town located in the authority. The members of the board of directors and the authority board and persons who execute the bonds are not personally liable for payment of the bonds.

4. Do not constitute a debt of this state or of the county or any city or town located in the authority.

5. Are not enforceable against this state.  Payment of the bonds is enforceable only out of any monies or assets of the authority specifically pledged and assigned to or in trust for the benefit of the holder or holders of the bonds.
A.R.S. § 5-1109 — Arizona Code / Title 5 / Chapter 9 / Article 1 / Section 1109
5-1109 Regulating sale, use and consumption of alcoholic beverages
Status: in_force

5-1109. Regulating sale, use and consumption of alcoholic beverages

(Conditionally Rpld.)

Subject to the requirements of title 4, the authority 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. § 5-397 — Arizona Code / Title 5 / Chapter 3 / Article 10 / Section 397
5-397 Operating or in actual physical control of a motorized watercraft while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification; definition
Status: in_force

5-397. Operating or in actual physical control of a motorized watercraft while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification; definition

A. It is unlawful for a person to operate or be in actual physical control of a motorized watercraft that is underway within this state if the person has an alcohol concentration as follows 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:

1. 0.15 or more but less than 0.20.

2. 0.20 or more.

B. A person who is convicted of a violation of this section is guilty of operating or being in actual physical control of a motorized watercraft while under the extreme influence of alcohol.

C. 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.

D. A person who is convicted of a violation of this section:

1. Shall be sentenced to serve not less than thirty consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served if the person is convicted of a violation of subsection A, paragraph 1 of this section.  A person who is convicted of a violation of subsection A, paragraph 2 of this section shall be sentenced to serve not less than forty-five consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.

2. Shall pay a fine of not less than two hundred fifty dollars, except that a person who is convicted of a violation of subsection A, paragraph 2 of this section shall pay a fine of not less than five hundred dollars.  The fine prescribed in this paragraph and any assessments, restitution and incarceration costs shall be paid before the assessment prescribed in paragraph 3 of this subsection.

3. Shall pay an additional assessment of two hundred fifty dollars.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer.  The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section 28-1304.

4. May be ordered by a court to perform community restitution.

5. Shall pay an additional assessment of one thousand dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer.

6. Shall pay an additional assessment of one thousand dollars to be deposited by the state treasurer in the law enforcement and boating safety fund established by section 5-383.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer.

E. Notwithstanding subsection D, paragraph 1 of this section, at the time of sentencing if the person is convicted of a violation of subsection A, paragraph 1 of this section, the judge may suspend all but ten days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program.  If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served.

F. If within a period of eighty-four months a person is convicted of a second violation of this section or is convicted of a violation of this section and has previously been convicted of a violation of section 5-395 or 5-396 or an act in another jurisdiction that if committed in this state would be a violation of this section or section 5-395 or 5-396, the person:

1. Shall be sentenced to serve not less than one hundred twenty days in jail, sixty days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served if the person is convicted of a violation of subsection A, paragraph 1 of this section.  A person who is convicted of a violation of subsection A, paragraph 2 of this section shall be sentenced to serve not less than one hundred eighty days in jail, ninety of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served.

2. Shall pay a fine of not less than five hundred dollars, except that a person who is convicted of a violation of subsection A, paragraph 2 of this section shall pay a fine of not less than one thousand dollars.  The fine prescribed in this paragraph and any assessments, restitution and incarceration costs shall be paid before the assessment prescribed in paragraph 3 of this subsection.

3. Shall pay an additional assessment of two hundred fifty dollars.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer.  The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section 28-1304.

4. Shall be ordered by a court to perform at least thirty hours of community restitution. If the person fails to complete the community restitution ordered pursuant to this paragraph, the court may order alternative sanctions if the court determines that alternative sanctions are more appropriate.

5. Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651. This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

6. Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the law enforcement and boating safety fund established by section 5-383. This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer.

G. Notwithstanding subsection F, paragraph 1 of this section, at the time of sentencing, if the person is convicted of a violation of subsection A, paragraph 1 of this section, the judge may suspend all but sixty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program.  If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause as to why the remaining jail sentence should not be served.

H. In applying the eighty-four month provision of subsection F of this section, the dates of the commission of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed.

I. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts.

J. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor.

K. 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. § 5-555 — Arizona Code / Title 5 / Chapter 5.1 / Article 2 / Section 555
5-555 Apportionment of revenue
Status: in_force

5-555. Apportionment of revenue

A. Not more than eighteen and one-half per cent of the total annual revenues accruing from the sale of lottery tickets or shares and from all other sources and not more than thirty-five per cent of the total annual revenues from the sale of special instant games authorized under section 5-554, subsection H shall be deposited in the state lottery fund established by section 5-571 to be expended for the following:

1. The payment of costs incurred in the operation and administration of the lottery, including the expenses of the commission and the costs resulting from any contract or contracts entered into for consulting or operational services.

2. Independent audits, which shall be performed annually in addition to the audits required by section 5-574.

3. Incentive programs for lottery sales agents and lottery employees.

4. Payment of compensation to licensed sales agents necessary to provide for the adequate availability of tickets or services to prospective buyers and for the convenience of the public. Except as otherwise provided in this subsection, compensation of licensed sales agents shall be at least five and one-half per cent but not more than eight per cent of the price of each ticket or share that a retail sales agent sells in instant games and online games, less the price of any tickets or shares that are voided.

5. The payment of reasonable fees to redemption agents as authorized by section 5-569.

6. The purchase or lease of lottery equipment, tickets and materials.

7. Compensation of a licensed sales agent who is designated as a charitable organization as defined in section 5-554. Compensation shall be twenty per cent of the price of each ticket from a special instant game authorized under section 5-554, subsection H and shall be an offset against the sale of the ticket.

B. Not less than fifty per cent of the total annual revenues accruing from the sale of lottery tickets or shares shall be deposited in the state lottery prize fund established by section 5-573 for payment of prizes to the holders of winning tickets or shares or for other purposes provided for in section 5-568.

C. All other revenues accruing from the sale of lottery tickets or shares in online games or instant games shall be deposited in the state lottery fund established by section 5-571 to be used as prescribed by section 5-572.

D. Monies expended under subsection A of this section shall be subject to legislative appropriation.
A.R.S. § 5-104 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 104
5-104 Arizona racing commission; director; division; powers and duties
Status: in_force

5-104. Arizona racing commission; director; division; powers and duties

A. The commission shall:

1. Issue racing dates.

2. Prepare and adopt complete rules to govern the racing meetings that are required to protect and promote the safety and welfare of the animals participating in racing meetings, to protect and promote public health, safety and the proper conduct of racing and pari-mutuel wagering and any other matter pertaining to the proper conduct of racing within this state.

3. Conduct hearings on applications for permits and approve permits and shall conduct rehearings on licensing and regulatory decisions made by the director as required pursuant to rules adopted by the commission.

4. Conduct all reviews of applications to construct capital improvements at racetracks as provided in this chapter.

B. The director shall license personnel and shall regulate and supervise all racing meetings held and pari-mutuel wagering conducted in this state and cause the various places where racing meetings are held and wagering is conducted to be visited and inspected on a regular basis. The director may delegate to stewards any of the director's powers and duties that are necessary to fully carry out and effectuate the purposes of this chapter. The director shall exercise immediate supervision over the division. The director is subject to ongoing supervision by the commission, and the commission may approve or reject decisions of the director in accordance with rules established by the commission.

C. The commission or the division is authorized to allow stewards, with the written approval of the director, to require a jockey, apprentice jockey, sulky driver, groom, horseshoer, outrider, trainer, assistant trainer, exercise rider, pony rider, starter, assistant starter, jockey's agent, veterinarian, assistant veterinarian, cool-out, security or maintenance worker, official or individual licensed in an occupational category whose role requires direct hands-on contact with horses, while on the grounds of a permittee, to submit to a test if the stewards have reason to believe the licensee is under the influence of or unlawfully in possession of any prohibited substance regulated by title 13, chapter 34.

D. The division shall employ the services of the office of administrative hearings to conduct hearings on matters requested to be heard by the director or the commission for the division except for those rehearings that are required by the terms of this chapter to be conducted by the commission.  Any person adversely affected by a decision of a steward or by any other decision of the division may request a hearing on the decision. The decision of the administrative law judge becomes the decision of the director unless rejected or modified by the director within thirty days. The commission may hear any appeal of a decision of the director in accordance with title 41, chapter 6, article 10.

E. The division may visit and investigate the offices, tracks or places of business of any permittee and place in those offices, tracks or places of business expert accountants and other persons as the division deems necessary for the purpose of ascertaining that the permittee or any licensee is in compliance with the rules adopted pursuant to this article.

F. The division shall establish and collect the following licensing fees and regulatory assessments, which shall not be reduced for capital improvements pursuant to section 5-111.02:

1. For each racing license issued, a license fee.

2. From the purse accounts provided for in section 5-111, a regulatory assessment to pay for racing animal medication testing, animal safety and welfare.

3. From each permittee, a regulatory assessment for each day of dark day simulcasting conducted in excess of the number of live racing days conducted by the permittee.

4. From each commercial racing permittee, a regulatory assessment payable from amounts deducted from pari-mutuel pools by the permittee, in addition to the amounts the permittee is authorized to deduct pursuant to section 5-111, subsection B from amounts wagered on live and simulcast races from in-state and out-of-state wagering handled by the permittee.

G. The commission shall establish financial assistance procedures for promoting adoption of retired racehorses. The provision of financial assistance to nonprofit enterprises for the purpose of promoting adoption of retired racehorses is contingent on a finding by the commission that the program presented by the enterprise is in the best interest of the racing industry and this state.  On a finding by the commission, the commission is authorized to make grants to nonprofit enterprises whose programs promote adoption of retired racehorses. The commission shall develop an application process. The commission shall require an enterprise to report to the commission on the use of grants under this subsection. Financial assistance for nonprofit enterprises that promote adoption of retired racehorses under this subsection shall not exceed the amount of retired racehorse adoption surcharges collected pursuant to this subsection. The commission shall collect a retired racehorse adoption surcharge in addition to each civil penalty assessed in connection with horse or harness racing pursuant to this article. The amount of the retired racehorse adoption surcharge shall be five percent of the amount collected for each applicable civil penalty.

H. A license is valid for the period established by the commission, but not more than five years, except for a temporary license issued pursuant to section 5-107.01, subsection F. The licensing period shall begin July 1.

I. A person may submit an application in writing that objects to any decision of track stewards within three days after the official notification of the decision. On application, the division or administrative law judge shall review the objection. In the case of a suspension of a license by the track stewards, the suspension shall run for a period of not more than six months. Before the end of this suspension period, filing an application for review is not cause for reinstatement.  If at the end of this suspension period the division or administrative law judge has not held a hearing to review the decision of the stewards, the suspended license shall be reinstated until the division or administrative law judge holds a hearing to review the objection. Except as provided in section 41-1092.08, subsection H, a final decision of the commission is subject to judicial review pursuant to title 12, chapter 7, article 6.

J. The commission or the director may issue subpoenas for the attendance of witnesses and the production of books, records and documents relevant and material to a particular matter before the commission or division and the subpoenas shall be served and enforced in accordance with title 41, chapter 6, article 10.

K. Any member of the commission, the administrative law judge or the director or the director's designee may administer oaths, and the oaths shall be administered to any person who appears before the commission to give testimony or information pertaining to matters before the commission.

L. The commission shall adopt rules that require permittees to retain for three months all official race photographs and videotapes. The division shall retain all photographs and videotapes that are used as evidence in an administrative proceeding until the conclusion of the proceeding and any subsequent judicial proceeding. All photographs and videotapes must be available to the public on request, including photographs and videotapes of races concerning which an objection is made, regardless of whether the objection is allowed or disallowed.

M. The director may establish a management review section for the development, implementation and operation of a system of management reports and controls in major areas of division operations, including licensing, workload management and staffing, and enforcement of this article and the rules of the commission.

N. In cooperation with the department of public safety, the director shall establish a cooperative fingerprint registration system.  Each applicant for a license or permit under this article or any other person who has a financial interest in the business or corporation making the application shall submit to fingerprint registration as part of the background investigation conducted pursuant to section 5-108. The cooperative fingerprint registration system shall be maintained in an updated form using information from available law enforcement sources and shall provide current information to the director on request as to the fitness of each racing permittee and each racing licensee to engage in the racing industry in this state.

O. The director shall develop and require division staff to use uniform procedural manuals in the issuance of any license or permit under this article and in the enforcement of this article and the rules adopted under this article.

P. The director shall submit an annual report containing operational and economic performance information as necessary to evaluate the department's budget request for the next fiscal year to the governor, the speaker of the house of representatives, the president of the senate and the secretary of state not later than September 30 each year. The annual report shall be for the preceding fiscal year and shall contain performance information as follows:

1. The total state revenues for the previous fiscal year from the overall pari-mutuel handle with an itemization for each horse racing meeting, each harness racing meeting, each advanced deposit wagering permittee and each additional wagering facility.

2. The total state revenues for the previous fiscal year from the regulation of racing, including licensing fees assessed pursuant to subsection F of this section and monetary penalties assessed pursuant to section 5-108.02.

3. The amount and use of capital improvement funds pursuant to section 5-111.02 that would otherwise be state revenues.

4. The number of licenses and permits issued, renewed, pending and revoked during the previous fiscal year.

5. The investigations conducted during the previous fiscal year and any action taken as a result of the investigations.

6. The division budget for the immediately preceding three fiscal years, including the number of full-time, part-time, temporary and contract employees, a statement of budget needs for the forthcoming fiscal year and a statement of the minimum staff necessary to accomplish these objectives.

7. Revenues generated for this state for the preceding fiscal year by persons holding racing meeting and advanced deposit wagering permits.

8. Recommendations for increasing state revenues from the regulation of the racing industry while maintaining the financial health of the industry and protecting the public interest.

Q. The commission may certify animals as Arizona bred or as Arizona stallions. The commission may delegate this authority to a breeders' association it contracts with for these purposes. The commission may authorize the association, racing organization or division to charge and collect a reasonable fee to cover the cost of breeding or ownership certification or transfer of ownership for racing purposes.

R. The commission may obtain the services of the office of administrative hearings on any matter that the commission is empowered to hear.

S. The division may adopt rules pursuant to title 41, chapter 6 to carry out the purposes of this article, ensure the safety and integrity of racing in this state and protect the public interest.
A.R.S. § 5-1464 — Arizona Code / Title 5 / Chapter 12 / Article 3 / Section 1464
5-1464 Issuance and sale of bonds
Status: in_force

5-1464. Issuance and sale of bonds

A. The board shall issue the bonds in the number and amount provided in the resolution. The board shall provide published notice within fifteen days to the public of its intention to issue bonds.

B. The bonds may be sold by competitive public sale, through an online bidding process or at negotiated sale for public or private offering at the price and on the terms prescribed in the resolution. For the purposes of this subsection, "online bidding process" means a procurement process in which the board receives bids electronically over the internet in a real-time, competitive bidding event.

C. The proceeds from the sale of the bonds shall be deposited in the bond proceeds account established pursuant to section 5-1465.

D. Title 35, chapter 3, article 7 applies to the board and to bonds issued under this article.
A.R.S. § 5-111 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 111
5-111 Wagering percentage to permittee and state; exemptions
Status: in_force

5-111. Wagering percentage to permittee and state; exemptions

A. The commission shall prescribe rules governing wagering on races under the system known as pari-mutuel wagering. Wagering shall be conducted by a permittee only by pari-mutuel wagering and only on the dates for which racing or dark day simulcasting has been authorized by the commission. Wagering for a licensed racing meeting shall be conducted by a commercial live-racing permittee only within an enclosure and, in counties having a population of less than five hundred thousand persons or at least one million five hundred thousand persons, at those additional facilities that are owned or leased by a permittee, that are approved by the commission and that are used by a permittee for handling wagering as part of the pari-mutuel system of the commercial live-racing permittee. In all other counties, wagering may also be conducted at additional facilities that are owned or leased by a commercial live-racing permittee who is licensed to conduct live racing in those counties or, until January 1, 2019, who has the consent of all commercial permittees currently licensed to conduct live racing in those counties, and that are used by a permittee for handling wagering and as part of the pari-mutuel system of the commercial live-racing permittee.  Beginning January 1, 2019, consent of commercial permittees licensed to conduct live racing in those counties is not required.  From and after December 31, 2016, any agreement concerning simulcasting that is executed between a permittee that conducted live dog racing in 2016 and a horse racing facility that is located in a county with a population of more than three million persons shall provide that twenty percent of the commission fee paid to a permittee that conducted live dog racing in 2016 under that agreement be distributed to the recognized horsemen's association that represents horsemen participating in race meets in this state. If the additional facilities have not been used for authorized racing before their use for handling wagering, a permittee shall not use the facilities for handling wagering before receiving approval for use by the governing body of the city or town, if located within the corporate limits, or by the board of supervisors, if located in an unincorporated area of the county. A permittee may televise any live or simulcast races received at the permittee's racing enclosure to the additional facilities at the times the races are conducted or received at the permittee's enclosure. For the purpose of section 5-110, subsection C only, a race on which wagering is permitted under this subsection shall be deemed to also occur at the additional facility in the county in which the additional facility is located, and shall be limited in the same manner as actual live racing in that county. For the purpose of subsection B of this section, the wagering at the additional facility shall be deemed to occur in the county in which the additional facility is located.

B. During the period of a permit for horse or harness racing, the permittee that conducts the meeting may deduct up to and including twenty-five percent of the total amount handled in the regular pari-mutuel pools and, at the permittee's option, may deduct up to and including thirty percent of the total amount handled in the exacta, daily double, quinella and other wagering pools involving two horses, and up to and including thirty-five percent of the total amount handled in the trifecta or other wagering pools involving more than two horses in one or more races. The amounts if deducted shall be distributed as prescribed in subsection C of this section and section 5-111.02 for horse or harness racing permittees.

C. During the period of a permit for horse or harness racing, the state shall receive two percent of the gross amount of the first one million dollars of the daily pari-mutuel pools and five percent of the gross amount exceeding one million dollars of the daily pari-mutuel pools.  Notwithstanding any other provision of this subsection, the percentage paid by a permittee to the state does not apply to monies handled in a pari-mutuel pool for wagering on simulcasts of out-of-state races. The permittee shall retain the balance of the total amounts deducted pursuant to subsection B of this section. Of the amount retained by the permittee, minus the amount payable to the permittee for capital improvements pursuant to section 5-111.02, breakage distributed to the permittee pursuant to section 5-111.01 and other applicable state, county and city transaction privilege or other taxes, unless otherwise agreed by written contract, fifty percent shall be used for purses. Unless otherwise agreed by written contract, fifty percent of the revenues received by the permittee from simulcasting races as provided in section 5-112, net of costs of advertising, shall be utilized as a supplement to the general purse structure. All amounts that are deducted from the pari-mutuel pool for purses pursuant to this section and sections 5-111.01, 5-112 and 5-114 and revenues that are received from simulcasting and that are to be used as a supplement to the general purse structure pursuant to this subsection shall be deposited daily into a trust account for the payment of purse amounts.

D. Any county fair racing association may apply to the commission for one racing meeting each year and the commission shall set the number of days and the dates of the meetings. A racing meeting conducted under this subsection shall be operated in such manner so that all profits accrue to the county fair racing association, and the county fair racing association may deduct from the pari-mutuel pool the same amount as prescribed in subsection B of this section. All county fair racing meetings, whether conducted by county fair racing associations under this subsection or by an individual, corporation or association other than a county fair racing association, are exempt from the payment to the state of the percentage of the pari-mutuel pool prescribed by subsection C of this section and are also exempt from the provisions of section 5-111.01.

E. Monies from charity racing days are exempt from the state percentage of the pari-mutuel pool prescribed in this section.

F. Sums held by a permittee for payment of unclaimed pari-mutuel tickets are exempt from the revised Arizona unclaimed property act, title 44, chapter 3.

G. All of the amounts received by a permittee from the gross amount of monies handled in a pari-mutuel pool and all amounts held by a permittee for payment of purses pursuant to this section and sections 5-111.01, 5-112 and 5-114 are exempt from the provisions of title 42, chapter 5.
A.R.S. § 5-1307 — Arizona Code / Title 5 / Chapter 11 / Article 1 / Section 1307
5-1307 Limited event wagering operator licenses; definition
Status: in_force

5-1307. Limited event wagering operator licenses; definition

A. An event wagering operator may partner with a racetrack enclosure or additional wagering facility that holds a permit that is issued by the division of racing to obtain a limited event wagering license for event wagering only at one specific physical location. On application, the department may issue a total of up to ten limited event wagering licenses to authorize event wagering at ten specific physical locations.

B. An entity seeking a limited event wagering license shall provide the following information to the department in its application:

1. A copy of its current approval by the division of racing to conduct racing meetings or approval as an additional wagering facility.

2. A letter from an event wagering operator of its partnership for the purposes of event wagering.

3. An attestation and map demonstrating that the specific physical location of the event wagering facility is located at least five miles from:

(a) A tribal gaming facility.

(b) The specific event wagering facility location operated by an event wagering operator.

(c) The specific event wagering facility location operated by another limited event wagering operator.

C. The department shall issue a limited event wagering license if the following conditions are met:

1. The applicant is in compliance with all division of racing rules regarding its racing or additional wagering facility operations.

2. The applicant has a current license with the division of racing.

3. The applicant is not currently the subject of an investigation by the division of racing for a violation of division rules.

4. The applicant submits fees as required by the department.

D. A limited event wagering license allows the licensee to conduct event wagering only in accordance with this chapter and any applicable rules adopted by the department.

E. A limited event wagering operator shall be licensed by the department before the commencement of operation and every two years thereafter.  The license shall include each principal, the primary management official and key employees.

F. The department shall deposit, pursuant to sections 35-146 and 35-147, the fees collected from licenses under this section in the event wagering fund established by section 5-1318.

G. For the purposes of this section, "additional wagering facility" has the same meaning prescribed in section 5-101.
A.R.S. § 5-345 — Arizona Code / Title 5 / Chapter 3 / Article 5 / Section 345
5-345 Navigation rules
Status: in_force

5-345. Navigation rules

A. The operator of a watercraft under power shall yield right-of-way to any craft not under power, unless such nonpowered watercraft is overtaking a power craft.

B. The area from a point directly ahead to one hundred twelve and one-half degrees of the compass to the starboard side of the watercraft shall be designated the danger zone. Operators of the watercraft shall yield the right-of-way to any other watercraft occupying or entering into this danger zone which may result in collision.

C. Operators of watercraft may pass on either side of any other watercraft overtaken, but the passing operator shall be responsible for the wake of the watercraft which might cause damage to overtaken watercraft or danger to occupants of overtaken watercraft. The overtaken watercraft shall maintain course and speed until such time as the overtaking watercraft is clear. Watercraft approaching head-on shall pass port side to port side where practical to do so.

D. Normal traffic on the waterways of this state shall be counterclockwise. Watercraft shall approach shoreline areas from the right and leave to the left as observed from a point on the water looking toward the shore. Watercraft leaving the shoreline area shall yield right-of-way to watercraft approaching the shoreline area, notwithstanding the provisions of subsection B of this section.

E. Subsections A through D of this section shall not apply on any waterways of this state where power driven watercraft are prohibited.

F. In every case, the operator of any watercraft shall use due caution to avoid an accident or collision with another watercraft or person.
A.R.S. § 5-101 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 101
5-101 Definitions
Status: in_force

5-101. Definitions

In this article, unless the context otherwise requires:

1. "Additional wagering facility" means a facility that is not the enclosure in which authorized racing takes place but that meets the requirements of section 5-111, subsection A and is used by a permittee for handling pari-mutuel wagering.

2. "Advance deposit wagering" means a form of pari-mutuel wagering that allows a person to deposit monies in advance in an account with an advance deposit provider and use the monies to pay for pari-mutuel wagering on live or simulcast racing that the advance deposit pari-mutuel wagering permittee accepts or makes.

3. "Advance deposit wagering provider" means a betting system or multijurisdictional wagering provider that is authorized to conduct advance deposit wagering pursuant to this article.

4. "Applicant" means a person, partnership, association or corporation placing before the department an application for a permit or license.

5. "Association" means a body of persons, corporations, partnerships or associations, united and acting together without a charter from the state for the prosecution of some common enterprise.

6. "Commercial horse racing" means horse racing conducted other than by a county fair association.

7. "Commission" means the Arizona racing commission.

8. "Concessionaire" means a person, partnership, association or corporation that offers goods or services for sale to the public, a permittee or a licensee at an enclosure in which authorized racing takes place or an additional wagering facility.

9. "County fair facility" means any place, enclosure or track constructed in accordance with a permit issued by the commission for the purpose of running county fair horse racing dates as well as any commercial dates for horse racing that may be awarded by the commission in reference to the location.

10. "County fair racing association" means an association duly authorized by the board of supervisors to conduct a county fair racing meeting for the benefit of the county.

11. "Dark day simulcast" means a simulcast received on a day when there are no posted races conducted at the enclosure in which authorized racing takes place.

12. "Department" means the department of gaming.

13. "Desensitized" means that a horse's legs on arrival at the receiving barn or saddling paddock do not respond appropriately to tests for feeling administered by an official veterinarian.

14. "Director" means the director of the department of gaming.

15. "Dog racing" means racing in which greyhound dogs chase a mechanical lure.

16. "Entered" means that a horse or dog has been registered with an authorized racing official as a participant in a specified race and has not been withdrawn prior to presentation of the horse or dog for inspection and testing as provided in section 5-105.

17. "Financial interest" means any direct pecuniary interest.

18. "Firm" means a business unit or enterprise that transacts business.

19. "Handle" means the total amount of money contributed to all pari-mutuel pools by bettors.

20. "Harness racing" means horse racing in which the horses are harnessed to a sulky, carriage or similar vehicle and driven by a driver.

21. "Horse racing" means racing in which horses are mounted and ridden by jockeys. For purposes of county fair racing meetings, "horse racing" means racing in which horses or mules are mounted and ridden by jockeys.

22. "License" means the license issued by the department to each employee or other person participating in any capacity in a racing meeting, including officials and employees of the pari-mutuel department.

23. "Pari-mutuel wagering" means a system of betting that provides for the distribution among the winning patrons of at least the total amount wagered less the amount withheld under state law.

24. "Permit" means a permit for a racing meeting issued under this article.

25. "Racing meeting" means a number of days of racing allotted by the commission in one permit.

26. "Simulcast" means the telecast shown within this state of live audio and visual signals of horse, harness or dog races conducted at an out-of-state track or the telecast shown outside this state of live audio and visual signals of horse or harness races originating within this state for the purpose of pari-mutuel wagering.

27. "Source market fee" means the fee that an advance deposit wagering provider pays to a commercial permittee in the state where the advance deposit wagering customer resides.

28. "Telephone" means any device that a person uses for voice communications in connection with the services of a telephone company.

29. "Unauthorized racing meeting" means any racing meeting conducted outside the bounds of a permit.

30. "Undesirable" includes known bookmakers, touts, persons convicted of a violation of this article or of any law prohibiting bookmaking or any other illegal forms of wagering, or any other person whose presence would, in the opinion of the director, be inimical to the interests of the state.

31. "Week" means seven consecutive days beginning on Monday and ending on Sunday, mountain standard time.
A.R.S. § 5-841 — Arizona Code / Title 5 / Chapter 8 / Article 2 / Section 841
5-841 Audit
Status: in_force

5-841. Audit

A. The board of directors 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 operating account of the authority.
A.R.S. § 5-107.01 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 107.01
5-107.01 Necessity for permits for racing meetings; licenses for officials and other persons; unauthorized racing meetings; violation; classification
Status: in_force

5-107.01. Necessity for permits for racing meetings; licenses for officials and other persons; unauthorized racing meetings; violation; classification

A. A person, association or corporation shall not hold any racing meeting without having first obtained and having in full force and effect a permit that is issued by the department.

B. A trainer, driver, jockey, apprentice jockey, horse owner, exercise rider, agent, jockey's agent, stable foreman, groom, valet, veterinarian, horseshoer, steward, stable watchman, starter, timer, judge, food and beverage concessionaire, manager or other person acting as a participant or official at any racing meeting including all employees of the pari-mutuel department and any other person or official the department deems proper shall not participate in racing meetings without having first obtained and having in full force and effect a license or credentials that are issued by the department, pursuant to such rules as the commission shall make. The department shall not revoke a license except for cause and after a hearing.

C. Each person, association or corporation that holds a permit or a license under this chapter shall comply with all rules and orders of the commission or department.

D. Any credential or license that is issued by the department to a licensee shall be used only as prescribed by commission rule or order of the director. Use for purposes other than those prescribed is grounds for suspension or revocation or imposition of a civil penalty as provided in section 5-108.02, subsection E.

E. All applicants for a permit or license shall submit to the department a full set of fingerprints, background information and the fees that are required pursuant to section 41-1750.  The department of gaming shall submit the fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.  The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The applicant shall pay the fingerprint fee and costs of the background investigation in an amount that is determined by the department. For such purpose the department of gaming and the department of public safety may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3. The fees shall be credited pursuant to section 35-148.

F. The director may issue a temporary license to an owner, trainer, driver or jockey who is duly licensed in another jurisdiction for special races or special circumstances for a period of not to exceed thirty days.  The director may allow a trainer so licensed to complete an application for a temporary license for an owner if the owner is not immediately available to personally submit the application.

G. A licensed owner, lessee or trainer of a qualified horse who has applied to a permittee to be stabled at a track and who has not been granted a stall shall not be prohibited from bringing the horse on the race grounds for the purpose of entering the animal in races that are held by the permittee or for the purposes of qualifying to race solely for the reason that the animal is not being stabled at the track if the owner, lessee or trainer is in compliance with rules adopted by the commission.

H. A person, association or corporation that knowingly holds an unauthorized racing meeting is guilty of a class 6 felony.
A.R.S. § 5-1319 — Arizona Code / Title 5 / Chapter 11 / Article 1 / Section 1319
5-1319 Financial responsibility
Status: in_force

5-1319. Financial responsibility

On or before July 1 of each year, a licensed event wagering operator and management services provider shall contract with a certified public accountant to perform an independent audit, in accordance with generally accepted accounting principles published by the American institute of certified public accountants, the financial condition of the licensed event wagering operator's or management services provider's total operation for the previous fiscal year and to ensure compliance with this chapter and for any other purpose as prescribed by rule. Not later than one hundred eighty days after the end of the event wagering operator's or management services provider's fiscal year, a licensed event wagering operator or management service provider shall submit the audit results under this section to the department. The results of an audit submitted to the department under this section are confidential and privileged and are not subject to disclosure as provided in title 39, chapter 1, article 2.
A.R.S. § 5-391 — Arizona Code / Title 5 / Chapter 3 / Article 9 / Section 391
5-391 Enforcement; violation; classification
Status: in_force

5-391. Enforcement; violation; classification

A. Any person who violates any provision of this chapter, except section 5-341, subsection A, B, C or D, section 5-349, section 5-350, subsection C, section 5-393, 5-395, 5-396 or 5-397 and subsection C, D, G or H of this section or any rule issued thereunder, is guilty of a petty offense.  Any person who violates section 5-350, subsection C is guilty of a class 2 misdemeanor.

B. All peace officers of the state, counties and cities shall enforce the provisions of this chapter and all laws and rules relating to the operation of watercraft.

C. In the enforcement of this chapter, the operator of the watercraft on being hailed by any peace officer shall stop immediately and lay to, or maneuver in such a way as to permit the peace officer to come aboard or alongside. The operator may be ordered ashore to correct any unlawful condition, issued a written warning or written repair order or issued a citation for any violation of this chapter.

D. An operator of a watercraft who wilfully flees or attempts to elude a pursuing law enforcement officer issuing an order pursuant to subsection C of this section is guilty of a class 5 felony. The law enforcement watercraft shall be appropriately marked to show that it is an official law enforcement watercraft.

E. In the enforcement of this chapter, sections 13-2506 and 13-3903 apply.

F. Each failure to obey an order or to comply with a warning order issued under subsection C of this section shall constitute a separate offense punishable as a separate violation of this chapter.

G. A person is guilty of a class 6 felony who knowingly removes, defaces, obliterates, changes, alters or causes to be removed, defaced, obliterated, changed or altered a factory, engine, serial, outdrive, lower unit, power trim or hull identification number or mark on a watercraft.

H. A person is guilty of a class 2 misdemeanor who:

1. Knowingly displays or has in the person's possession a fictitious, stolen, revoked or altered certificate of number, department issued number or annual decal.

2. Lends to or knowingly permits the use of the person's certificate of number, department issued number or annual decal on a watercraft for which those items have not been issued.

I. On receipt of notice of conviction of a person under subsection G or H of this section, the department may revoke the numbers and decals issued to the watercraft that was involved in the violation and any other watercraft owned by the person convicted.
A.R.S. § 5-382 — Arizona Code / Title 5 / Chapter 3 / Article 8 / Section 382
5-382 State lake improvement fund; administration; report
Status: in_force

5-382. State lake improvement fund; administration; report

A. The state lake improvement fund is established. Monies deposited in the fund shall be used only as provided in this section.

B. All monies in the state lake improvement fund are appropriated to the Arizona state parks board solely for the purposes provided in this section.  Interest earned on monies in the fund shall be credited to the fund. Monies in the state lake improvement fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. The Arizona state parks board shall use the monies in the fund as follows:

1. To fund staff support to plan and administer the state lake improvement fund in conjunction with other administrative tasks and recreation plans of the board.

2. To fund projects on waters where gasoline-powered boats are allowed, limited to the following:

(a) Public launching ramps.

(b) Public piers, marinas or marina stadia.

(c) Public toilets, sanitation facilities and domestic waters.

(d) Public picnic tables and facilities.

(e) Public parking areas.

(f) Lake construction or improvement.

(g) Marking buoys and other safety facilities.

(h) Watercraft.

(i) Public campgrounds.

(j) Acquisition of real and personal property through purchase, lease, agreement or otherwise for the purpose of providing access to waters where boating is permitted.

(k) Design and engineering projects.

3. To fund the purchase of drones to clean plastic, algae, biomass and other floating trash from lakes and waterways.  The drones shall be equipped with the following specifications:

(a) Time stamped and GPS locating data sensors to provide constant monitoring of lakes and waterways.

(b) Collision avoidance.

4. To fund the purchase of drones by law enforcement agencies and fire service agencies for the purposes of search, rescue and recovery operations and training in the use and operation of the drones.

D. Projects involving expenditure of monies from the fund may be accomplished by the Arizona state parks board, by the Arizona game and fish commission, by the board of supervisors of any county, by the governing body of a city or town or by the governing body of a fire district if the projects do not interfere with any vested water rights or the operation or maintenance of water projects, including domestic, municipal, irrigation district, drainage district, flood control district or reclamation projects. The Arizona outdoor recreation coordinating commission, established by section 41-518, shall examine applications for eligible projects, determine the amount of funding, if any, for each project and submit a list of projects, subject to prior review by the joint committee on capital review, to the Arizona state parks board for allocation from the fund.  The board shall annually report to the legislature the expenditures made for such projects in conjunction with the report required by section 41-511.12.

E. State lake improvement fund monies may be used on projects if matching funds are made available.
A.R.S. § 5-1208 — Arizona Code / Title 5 / Chapter 10 / Article 1 / Section 1208
5-1208 Requirements
Status: in_force

5-1208. Requirements

A. After a fantasy sports contest operator is licensed, the fantasy sports contest operator shall report any change to the information regarding ownership included in its application with the department within thirty days after the change is effective. The fantasy sports contest operator's license shall remain valid unless the department determines that the fantasy sports contest operator is no longer qualified to maintain the license due to the change.

B. A licensed fantasy sports contest operator shall retain and maintain in a place secure from theft, loss or destruction all of the records required to be maintained under this chapter and the rules adopted under this chapter for at least three years after the date the record is created.

C. A licensed fantasy sports contest operator shall organize all records under subsections A and B of this section in a manner that enables the licensed fantasy sports contest operator to provide the department with the records.

D. Information obtained under this section is confidential and privileged and is not subject to disclosure as provided in title 39, chapter 1, article 2.

E. If a fantasy sports contest operator is required to file a form 1099-Misc or other substantially equivalent form with the United States internal revenue service for a person who is identified by the Arizona administrative office of the courts, the department of economic security division of child support enforcement, the department of economic security supplemental nutrition assistance program and assistance overpayment or the Arizona health care cost containment system administration as owing an obligation, the fantasy sports contest operator shall withhold from the person's account the amount of obligations owed at the time the form 1099-Misc or a substantially equivalent form is issued, if the fantasy sports operator has been notified by this state of the obligation.  At that time, the fantasy sports contest operator shall transmit the amount withheld for obligations to the department of gaming and shall also transmit any information requested by the department of gaming. The department of gaming shall provide information to the fantasy sports contest operator of persons with outstanding obligations. If the identified person is also self-excluded, tax liabilities and setoff obligations shall be satisfied before any monies are donated to the department of gaming division of problem gambling pursuant to section 5-1206. If the identified person has multiple liabilities, those liabilities shall be satisfied in the following 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.
A.R.S. § 5-704 — Arizona Code / Title 5 / Chapter 7 / Article 1 / Section 704
5-704 Additional duties of ski area operators
Status: in_force

5-704. Additional duties of ski area operators

A. If maintenance equipment is being used to maintain or groom any ski slope or trail that a ski area operator has not designated as closed pursuant to section 5-703, subsection D, the ski area operator shall place a conspicuous notice at or near the beginning of the slope or trail and at any entrance points to the slope or trail that notifies skiers about the presence of the equipment.

B. All snowmobiles operated on the ski slopes or trails of a ski area shall be equipped with at least the following:

1. One lighted head lamp.

2. One lighted red tail lamp.

3. A red or orange flag that is at least forty square inches in size and that is mounted at least five feet above the bottom of the tracks.

C. A ski area operator has no duties to any skier who skis beyond the designated boundaries of the ski area.
A.R.S. § 5-877 — Arizona Code / Title 5 / Chapter 8 / Article 3 / Section 877
5-877 Validity of bonds; legal opinion
Status: in_force

5-877. 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 may be construed to apply 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 multipurpose facility for which the bonds are issued.

C. The board may submit any bonds to be issued under this article to the attorney general after all proceedings for authorizing the bonds have been completed.  On submission the attorney general 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 attorney general 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, 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. § 5-395.03 — Arizona Code / Title 5 / Chapter 3 / Article 10 / Section 395.03
5-395.03 Test for alcohol concentration or drug content; refusal; civil penalty
Status: in_force

5-395.03. Test for alcohol concentration or drug content; refusal; civil penalty

A. Any person who operates a motorized watercraft that is underway within this state gives consent, subject to section 4-244, paragraph 35, section 5-395 or section 5-396, to a test or tests of the person's blood, breath, urine or other bodily substance for the purpose of determining alcohol concentration or drug content if the person is arrested for any offense arising out of acts alleged to have been committed in violation of this chapter or section 4-244, paragraph 35 while the person was operating or in actual physical control of a motorized watercraft that was underway while under the influence of intoxicating liquor or drugs. The test or tests chosen by the law enforcement agency shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been operating or in actual physical control of a motorized watercraft that is underway within this state while under the influence of intoxicating liquor or drugs, or if the person is under twenty-one years of age, with spirituous liquor in the person's body.

B. Following an arrest a violator shall be requested to submit to and successfully complete any test or tests prescribed by subsection A of this section, and, if the violator refuses to submit to or complete the test or tests, the violator shall be informed that the violator is subject to a civil penalty. The case shall proceed as provided in title 28, chapter 5, article 4.

C. A person who refuses any test or tests prescribed by subsection A of this section is subject to a civil penalty of seven hundred fifty dollars and:

1. An additional civil penalty of five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651. The civil penalty authorized pursuant to this paragraph is not subject to any surcharge. If the civil penalty authorized pursuant to this paragraph is imposed by the superior court or a justice court, the court shall transmit the amount collected to the county treasurer. If the civil penalty authorized pursuant to this paragraph is imposed by a municipal court, the court shall transmit the amount collected to the city treasurer.  The city or county treasurer shall transmit the monies received pursuant to this paragraph to the state treasurer.

2. If the person is convicted or adjudicated of any offense arising out of acts committed in violation of this chapter or section 4-244, paragraph 35 while the person was operating or in actual physical control of a motorized watercraft that was underway while under the influence of intoxicating liquor or drugs, an additional assessment of five hundred dollars to be deposited by the state treasurer in the law enforcement and boating safety fund established by section 5-383.  The assessment imposed pursuant to this paragraph is not subject to any surcharge. If the conviction or adjudication occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer.  If the conviction or adjudication occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received pursuant to this paragraph to the state treasurer.

D. If a person under arrest refuses to submit to the test designated by the law enforcement agency as provided in subsection A of this section none shall be given, except as provided in section 5-395, subsection L or pursuant to a search warrant.
A.R.S. § 5-1209 — Arizona Code / Title 5 / Chapter 10 / Article 1 / Section 1209
5-1209 Revocation, suspension or denial of license; grounds; definitions
Status: in_force

5-1209. Revocation, suspension or denial of license; grounds; definitions

A. The department may revoke, suspend or deny a license if 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 law or rule, or if any such violation occurs on any fantasy sports contest platform 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 of 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. Makes a misrepresentation of 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 authorized gaming or a 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 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 fantasy sports contests, or creates or enhances the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of fantasy sports contests, 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 of the request for the information.

B. The department, pursuant to the laws of this state, may summarily suspend a license issued pursuant to this chapter if the continued licensure of a person constitutes an immediate threat to the public health, safety or welfare.

C. Any applicant for licensure agrees by making such application to be subject to state jurisdiction to the extent necessary to determine the applicant's qualification to hold such license, including all necessary administrative procedures, hearings and appeals pursuant to title 41, chapter 6 and the department's rules.

D. An applicant for licensure may not withdraw an application without the department's written permission. The department may not unreasonably withhold permission to withdraw an application.

E. 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. § 5-322 — Arizona Code / Title 5 / Chapter 3 / Article 3 / Section 322
5-322 Motorized watercraft to be numbered; exceptions
Status: in_force

5-322. Motorized watercraft to be numbered; exceptions

A. All motorized watercraft whether underway, moored or anchored on the waters within the boundaries of the state shall be numbered in accordance with this chapter or rules of the commission in accordance with the federally approved numbering system except:

1. Foreign watercraft temporarily using the waters of the state.

2. Military or public vessels of the United States, except recreational type public vessels.

3. Watercraft used solely as lifeboats.

4. Undocumented watercraft operating under a valid temporary certificate issued pursuant to rules adopted by the commission.

5. Documented watercraft numbered in accordance with the regulations of the United States coast guard.

B. Motorized watercraft owned and operated exclusively by the state or by any political subdivision of the state shall be numbered, but no registration fee shall be paid on the watercraft.

C. All owners of motorized watercraft when in the course of interstate operation displaying a current and valid number issued under an approved federal numbering system of the United States coast guard, a state, the Commonwealth of Puerto Rico, the Virgin Islands, Guam or the District of Columbia shall register such watercraft with the department before the expiration of the reciprocity period prescribed by rules of the commission.

D. All motorized watercraft, when in the course of interstate operation and not required to be numbered in their state of principal operation, shall comply with the requirements of subsection C of this section.

E. When this state becomes the new state of principal operation of a motorized watercraft displaying a current number issued under a federally approved numbering system, the validity of such number shall be recognized for a period of ninety days.  On expiration of the ninety-day period and before any subsequent use, the owner shall number any motorized watercraft pursuant to section 5-321.

F. Each dealer or manufacturer in this state engaged in the sale of motorized watercraft using the watercraft for demonstration shall obtain one or more dealer watercraft certificates of number with the current validating decals.  Applications, fees for each certificate of number and accompanying current decals, renewal and display of certificates of number shall be as prescribed in this chapter or by rules of the commission.
A.R.S. § 5-1202 — Arizona Code / Title 5 / Chapter 10 / Article 1 / Section 1202
5-1202 Fantasy sports contests; exceptions; rules; licensure
Status: in_force

5-1202. Fantasy sports contests; exceptions; rules; licensure

A. Except as otherwise provided in this section, a person may not offer fantasy sports contests in this state unless the person is licensed by the department as a fantasy sports contest operator.

B. An individual may offer one or more fantasy sports contests if all of the following apply:

1. The fantasy sports contests are not made available to the general public.

2. Each of the fantasy sports contests is limited to not more than fifteen total fantasy sports contest players.

3. The individual collects not more than $10,000 in total entry fees for all fantasy sports contests offered in a calendar year, at least ninety-five percent of which are awarded to the fantasy sports contest players.

C. An Indian tribe that lawfully conducts class III gaming pursuant to a tribal-state gaming compact with this state, directly or through a third-party operator, may offer and conduct fantasy sports contests without applying for or holding a license pursuant to this section if all activities of the fantasy sports contest occur within the boundary of its Indian lands and the Indian tribe complies with any regulations that are included in the compact or its appendices regarding fantasy sports contests.

D. To ensure the integrity of fantasy sports contests, the department has jurisdiction over each person involved in conducting a fantasy sports contest. The department may adopt rules related to conducting fantasy sports contests, including rules prescribing penalties for violating this chapter or any rules adopted under this chapter.

E. Every applicant for licensure shall submit a completed application, along with any required information, to the department. The department shall determine the form and content of the application.  Each application shall be accompanied by the applicant's current photograph and the fee required by the department.  The applicant must also submit a full set of fingerprints to the department for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

F. The information required by the department shall include documentation of all of the following:

1. The name of the applicant.

2. The location of the applicant's principal place of business.

3. The applicant's telephone number.

4. The applicant's social security number or, if applicable, the applicant's federal tax identification number.

5. The name and address of each individual that holds a ten percent or more ownership interest in the applicant or in shares of the applicant.

6. The applicant's criminal record, if any, or if the applicant is a business entity, on request, any criminal record of an individual who is a director, officer or key employee of, or any individual who has a ten percent or more ownership interest in, the applicant.

7. Any ownership interest that a director, officer, key employee or individual owner of ten percent or more of the applicant holds in a person that is or was a fantasy sports contest operator or similar entity in any jurisdiction.

8. An identification of any business, including, if applicable, the state of incorporation or registration, in which an applicant, director, officer, key employee or individual owner of ten percent or more of the applicant, has an equity interest of five percent or more.

9. Whether an applicant, director, officer, key employee or individual owner of ten percent or more of the applicant has ever applied for or been granted any license, registration or certificate issued by a licensing authority in this state or any other jurisdiction for a gaming activity.

10. Whether an applicant, director, officer, key employee or individual owner of ten percent or more of the applicant has filed or been served with a complaint or other notice filed by a public body regarding the delinquency in payment of or dispute over filings concerning the payment of any tax required under federal, state or local law, including the amount of tax, the type of tax, the taxing agency and the time periods involved.

11. A description of any physical facility operated by the applicant in this state, the employees who work at the facility and the nature of the business conducted at the facility.

12. Information sufficient to show, as determined by the department, that the applicant can meet the requirements of procedures submitted by the applicant under section 5-1203 and under any rules adopted under this chapter.

G. The department may require licensure of a holding company, a management company or any other person it considers sufficiently connected to the fantasy sports contest operator if that licensure is necessary to preserve the integrity of fantasy sports contests and protect fantasy sports contest players.

H. A license issued under this section is valid for two years.  The department shall renew a license biennially if the applicant demonstrates continued eligibility for licensure under this chapter and pays the renewal fee. Notwithstanding this subsection, the department may investigate a licensee at any time the department determines it is necessary to ensure that the licensee remains in compliance with this chapter and the rules adopted pursuant to this chapter.

I. The department shall establish the initial license fee and the license renewal fee.  The department may assess investigative costs if the cost of a licensure investigation exceeds the amount of the initial license or renewal fee.

J. On receipt of a completed application and the required fee, the department shall conduct the necessary background investigation to determine if the applicant meets the qualifications for licensure.  On completion of the necessary background investigation, the department shall either issue a license or deny the application.  If the application for licensure is denied, a statement setting forth the grounds for denial shall be forwarded to the applicant together with all other documents relied on by the department, to the extent allowed by law.
A.R.S. § 5-802 — Arizona Code / Title 5 / Chapter 8 / Article 1 / Section 802
5-802 Formation of authority
Status: in_force

5-802. Formation of authority

A. The tourism and sports authority is established.  The boundaries of the authority are the boundaries of any county that has a population of more than two million persons.

B. The authority is a corporate and political body and, except as otherwise limited, modified or provided by this chapter, has all of the rights, powers and immunities of municipal corporations, including the power of eminent domain.

C. The board of directors and the authority do not have the power to levy or otherwise impose any tax or assessment, other than charges for the use of facilities owned by the authority.  The qualified electors residing in the authority may levy a tax or surcharge for the fiscal needs of the authority as provided by this chapter, but the board of directors has no independent authority to impose or collect a tax or assessment.  Subject to that limitation, the authority is considered to be a tax levying public improvement district for the purposes of article XIII, section 7, Constitution of Arizona.

D. The authority is regarded as performing a governmental function in carrying out the purposes of this chapter.  The property acquired or constructed by the authority, the activities of the authority in maintaining and caring for the property and the monies derived by the authority from operating the property are exempt from state and local income and property taxation.
A.R.S. § 5-1108 — Arizona Code / Title 5 / Chapter 9 / Article 1 / Section 1108
5-1108 Gift ban; exemptions
Status: in_force

5-1108. Gift ban; exemptions

(Conditionally Rpld.)

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

B. For the purposes 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 to the donor within fifteen days after receipt or that is delivered to a charitable organization within fifteen days after receipt 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, award or other form of recognition to a board member or employee to signify the honorary recognition of a service or other notable accomplishment.

18. Professional or consulting services that are rendered on matters directly related to holding a position on the board or being an 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. § 5-605 — Arizona Code / Title 5 / Chapter 6 / Article 1 / Section 605
5-605 Tribal-state compacts; 2021 compact trust fund; annual report; definition
Status: in_force

5-605. Tribal-state compacts; 2021 compact trust fund; annual report; definition

A. The 2021 compact trust fund is established for the exclusive purposes of mitigating impacts to Indian tribes from gaming authorized by the 2021 gaming compact amendment and providing economic benefits to beneficiary tribes, including those with an effective gaming compact that includes the 2021 amendments and do not engage in gaming. The trust fund consists of contributions from Indian tribes designated in the 2021 gaming compact amendments.  The trust fund shall not include tribal contributions made pursuant to section 5-601.02, subsection H.

B. The department of gaming shall administer the 2021 compact trust fund as trustee in accordance with the terms of section 12.1 of the 2021 gaming compact amendment.  The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined by section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes.  On notice from the director of the department of gaming, the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03, and monies earned from the investment shall be credited to the trust fund.

C. The beneficiaries of the trust fund are federally recognized Indian tribes with a 2021 gaming compact amendment that are eligible to receive payments from the trust fund according to the terms of the 2021 gaming compact amendment.

D. Monies in the trust fund shall be disbursed exclusively for the purposes prescribed in this article and in accordance with the 2021 gaming compact amendment. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, shall be carried forward to the following year and shall not revert or be transferred to any other fund, including the state general fund.  Monies in the trust fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

E. On or before September 30 of each year, the department of gaming shall issue a report to the governor, the president of the senate, the speaker of the house of representatives and each tribe that has executed a 2021 gaming compact amendment that discloses all monies deposited in and disbursed from the trust fund during the prior fiscal year.

F. For the purposes of this section, "2021 gaming compact amendment" means a tribal-state gaming compact amendment that becomes effective after January 1, 2021.
A.R.S. § 5-107 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 107
5-107 Nature of racing meeting permits; application for permit; cash deposit; return; bond; conditions and priorities for satisfaction of bond
Status: in_force

5-107. Nature of racing meeting permits; application for permit; cash deposit; return; bond; conditions and priorities for satisfaction of bond

A. Permits to conduct racing meetings are deemed to be personal in nature, are nontransferable and shall terminate on a substantial change of ownership of the permittee. The sale or transfer of twenty-five percent or more of the equity of a permittee shall be considered a substantial change of ownership. Nothing in this subsection shall be construed so as to cause the termination of a permit on the death of the permittee, or if a corporation, the death of a shareholder thereof, during the period for which such permit was granted.

B. Every applicant making application for a permit to hold a racing meeting shall file an application with the commission. The commission shall promulgate rules and regulations regarding application procedures.  The application shall include:

1. The full name and address of the applicant, and if a corporation, the name of the state under which it is incorporated. If such applicant is an association or corporation, the residence addresses of the members of the association and the names of all directors of the corporation shall be included, and the stock certificate records of such applicant shall be made available to the department on request of the director. The department shall be notified within ten days of the election of any new officer or director of a permittee, and the identity of every person who acquires ten percent or more of a permittee's equity or interest. Each new officer, director or substantial owner shall furnish all information requested by the department to facilitate approval of his participation in racing in this state.

2. The exact location where it is desired to conduct or hold a racing meeting.

3. A statement as to whether or not the racing plant is owned or leased, and if leased, the name and residence of the fee owner, or if a corporation, the names and addresses of the directors of the corporation.

4. A complete financial statement and balance sheet of the person, corporation or other business entity making such application, completed and certified by a certified public accountant. In the case of applications for renewal of dog racing meeting permits that were in existence before May 5, 1972, such financial statement and balance sheet shall be on a calendar year basis. In the case of applications for renewal of horse or harness racing meeting permits that were in existence before May 5, 1972, such financial statement and balance sheet shall be on a fiscal year basis. In the case of all new permit applications made from and after May 5, 1972, and renewal applications of such permits, such financial statement and balance sheet shall be on either a calendar year or fiscal year basis, at the discretion of the department. In addition, the application shall identify any guarantors or any indebtedness of the applicant, and the department shall be provided, on request, with a statement from a certified public accountant certifying that the net worth of any guarantor or guarantors is at least equal to the amount of the unpaid indebtedness so guaranteed.  Applications for racing meetings operated by county fair racing associations are exempt from this paragraph.

5. A complete list of all management and concession contracts in effect at the time of the application, copies of which shall be furnished to the department on request. If the applicant is granted a permit he shall further be required, on the request of the department, to submit a complete list of all subsequent management and concession contracts, and copies of such contracts shall be submitted to the department on request.

6. Such other relevant and material information pertaining to the application as the department may require.

C. Not less than ten days before the commencement of a commercial racing meeting, the permittee shall submit to the department a cash deposit in such amount, but not to exceed five thousand dollars, as the director deems necessary to insure payment of fees and the amount due the state as the percentage of pari-mutuel receipts payable to the state as prescribed by law.  On termination of the racing meeting, the deposit shall be returned to the applicant, less any fees or pari-mutuel receipts remaining unpaid.

D. In addition to the cash deposit and before the issuance of a racing meeting permit, the applicant shall deposit with the department a bond payable to the state for the benefit of the state and any person covered by this section, in such amount, but not to exceed three hundred thousand dollars in the case of horse or harness racing meeting permittees, as the director deems necessary, with a surety or sureties to be approved by the department and the attorney general and conditioned in accordance with the following order of priorities:

1. That the permittee shall first faithfully pay to the state the percentage of the pari-mutuel receipts, as applicable, prescribed by law and all taxes due to the state.

2. That thereafter the permittee shall pay to the owner thereof all funds held by the permittee for the account of such owner, including purses won, if such owner is or has been licensed by the department.

3. That thereafter the permittee shall pay all salaries and wages due to the employees of such permittee in connection with the conduct of the racing meeting.

4. That thereafter the permittee shall pay all amounts due to the breeder of any horse for a breeder's award.

E. Any person, including the state, claiming against the bond may maintain an action at law against the permittee and the surety or sureties, and the surety or sureties may be sued on the bond in successive actions until the penal sum thereof is exhausted. If it appears that there is more than one claim on such bond or if it appears that the state may have an interest therein, the state or any other claimant may move the court in which such actions are filed to intervene or to consolidate such actions to determine the priority order of claims in accordance with subsection D of this section.  No suit may be commenced on the bond after the expiration of one year following the day of the closing of the racing meeting during which any act or failure to act giving rise to a claim against the bond shall arise.

F. The bond prescribed by this section shall be effective for the period of the racing permit granted by the commission, and the liability of the surety for all claims shall be limited to the face amount of the bond. If the surety desires to make payment without awaiting court action, the amount of any bond filed in compliance with this chapter shall be reduced to the extent of any payments made by such surety in good faith thereunder. Any such payment shall be based first on the priority of claim order as established by subsection D of this section and thereafter on the priority of the date the written claims are received by the surety before court action.
A.R.S. § 5-1465 — Arizona Code / Title 5 / Chapter 12 / Article 3 / Section 1465
5-1465 Bond proceeds account
Status: in_force

5-1465. Bond proceeds account

A. If the authority issues bonds under this article, the board shall establish a bond proceeds account within the general fund consisting of monies received from the sale of the bonds.

B. The board may use monies in the bond proceeds account only for authority purposes in the manner prescribed by this chapter.

C. The authority's fiscal agent shall administer and account for the bond proceeds account.
A.R.S. § 5-413 — Arizona Code / Title 5 / Chapter 4 / Article 1 / Section 413
5-413 License classification; requirements
Status: in_force

5-413. License classification; requirements

A. A class A license may be issued to a person for the conduct of bingo games for which the gross receipts do not exceed $75,000 per year. A class A license shall not be issued to a person who holds a license issued pursuant to title 4 except a club license issued pursuant to section 4-205. For a class A license:

1. Any person may apply as prescribed in this article.

2. The manager, proceeds coordinator, supervisor and assistant are not required to be members or new members.

3. The reporting period is one year, coinciding with the term of the license.

B. A class B license may be issued to a qualified organization for the conduct of bingo games for which the gross receipts do not exceed $500,000 per year. For a class B license:

1. Only a qualified organization may apply.

2. The manager and supervisor shall be members of the licensee.

3. The proceeds coordinator shall be an officer or director and a member of the licensee and is responsible for completion of the required financial report.

4. An assistant shall be a member or new member of the licensee.

5. There are four reporting periods coinciding with the quarters of the term of the license.

C. A class C license may be issued to a qualified organization for the conduct of bingo games for which the gross receipts exceed $500,000 per year. For a class C license:

1. Only a qualified organization may apply.

2. The manager and supervisor shall be members of the licensee.

3. The proceeds coordinator shall be an officer or director and a member of the licensee and is responsible for completion of the required financial report.

4. An assistant shall be a member or new member of the licensee.

5. There are twelve reporting periods coinciding with each month of the term of the license.
A.R.S. § 5-111.01 — Arizona Code / Title 5 / Chapter 1 / Article 1 / Section 111.01
5-111.01 Breakage; definition; tax; disposition
Status: in_force

5-111.01. Breakage; definition; tax; disposition

A. The term "breakage" means the odd cents by which the amount payable on each dollar wagered in a pari-mutuel pool exceeds a multiple of ten cents, except that in the case of minus pools breakage means the odd cents by which the amount payable exceeds a multiple of five cents. A person licensed under this chapter to conduct a racing meeting shall deduct the breakage from the pari-mutuel pool and such amounts shall be distributed as provided by law.

B. The breakage deducted by a horse racing or harness racing permittee shall be distributed as follows:

1. Fifty per cent shall be retained by the permittee.

2. Twenty-five per cent shall be retained by the permittee and used to supplement the general purse structure.

3. Twenty-five per cent shall be retained by the permittee to supplement purses in races in which Arizona bred horses are winners.

C. The breakage deducted by a dog racing permittee shall be retained by the dog racing permittee.
A.R.S. § 5-572; Version 2 — Arizona Code / Title 5 / Chapter 5.1 / Article 2 / Section 572; Version 2
5-572; Version 2 Use of monies in state lottery fund; report
Status: in_force

5-572. Use of monies in state lottery fund; report

(L24, Ch. 210, sec. 3.  Eff. 7/1/27)

A. If there are any bonds or bond related obligations payable from the state lottery revenue bond debt service fund, the state lottery revenue bond debt service fund shall be secured by a first lien on the monies in the state lottery fund after the payment of operating costs of the lottery, as prescribed in section 5-555, subsection A, paragraph 1, until the state lottery bond debt service fund contains sufficient monies to meet all the requirements for the current period as required by the bond documents. Debt service for revenue bonds issued pursuant to this chapter shall be paid first from monies that would have otherwise been deposited pursuant to this section in the state general fund. After the requirements for the current period have been satisfied as required by the bond documents, the monies in the state lottery fund shall be expended for the expenses of the commission incurred in carrying out its powers and duties and in the operation of the lottery.

B. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsection A of this section, $10,000,000 shall be deposited in the Arizona game and fish commission heritage fund established by section 17-297.

C. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A and B of this section, $5,000,000 shall be allocated to the department of child safety for the healthy families program established by section 8-481, $4,000,000 shall be allocated to the Arizona board of regents for the Arizona area health education system established by section 15-1643, $3,000,000 shall be allocated to the department of health services to fund the teenage pregnancy prevention programs established in Laws 1995, chapter 190, sections 2 and 3, $2,000,000 shall be allocated to the department of health services for the health start program established by section 36-697, $2,000,000 shall be deposited in the disease control research fund established by section 36-274 and $1,000,000 shall be allocated to the department of health services for the federal women, infants and children food program. The allocations in this subsection shall be adjusted annually according to changes in the GDP price deflator as defined in section 41-563, and the allocations are exempt from the provisions of section 35-190 relating to lapsing of appropriations. If there are not sufficient monies available pursuant to this subsection, the allocation of monies for each program shall be reduced on a pro rata basis.

D. If the state lottery director determines that monies available to the state general fund may not equal $84,150,000 in a fiscal year, the director shall not authorize deposits to the Arizona game and fish commission heritage fund pursuant to subsection B of this section until the deposits to the state general fund equal $84,150,000 in a fiscal year.

E. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through D of this section, $1,000,000 or the remaining balance in the fund, whichever is less, is appropriated to the department of economic security for grants to nonprofit organizations, including faith-based organizations, for homeless emergency and transitional shelters and related support services. The department of economic security shall submit a report on the amounts, recipients, purposes and results of each grant to the governor, the speaker of the house of representatives and the president of the senate on or before December 31 of each year for the prior fiscal year and shall provide a copy of this report to the secretary of state.

F. Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through E of this section, and after a total of at least $99,640,000 has been deposited in the state general fund, $3,500,000 shall be deposited in the Arizona competes fund established by section 41-1545.01. The balance in the state lottery fund remaining after deposits into the Arizona competes fund shall be deposited in the university capital improvement lease-to-own and bond fund established by section 15-1682.03, up to a maximum of eighty percent of the total annual payments of lease-to-own and bond agreements entered into by the Arizona board of regents.

G. All monies remaining in the state lottery fund after the appropriations and deposits authorized in this section shall be deposited in the state general fund.

H. Except for monies expended for debt service of revenue bonds as provided in subsection A of this section, monies expended under subsection A of this section are subject to legislative appropriation.

I. The commission shall transfer monies prescribed in this section on a quarterly basis.
A.R.S. § 5-866 — Arizona Code / Title 5 / Chapter 8 / Article 3 / Section 866
5-866 Securing principal and interest
Status: in_force

5-866. 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 authority.

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, co-trustees, agents, consultants and other specialized services with respect to the bonds.

9. Contract with a financial institution, insurance company or indemnity company to provide additional security for the bonds in the form of a line of credit, letter of credit, insurance policy or other security and pay the costs of this additional security from amounts provided in the bond issue or from other available sources.

10. Take any other action that in any way may affect the security and protection of the bonds or interest on the bonds.