reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 4 - Alcoholic Beverages › § 4-250.01 - Out-of-state person engaged in business as producer, exporter, importer, rectifier, retailer or wholesaler; violation; cease and desist order; civil penalty

4-250.01.
Out-of-state person engaged in business as producer,  exporter,  importer,  rectifier,  retailer or wholesaler;  violation;  cease and desist order;  civil penalty
A. An out-of-state person engaged in business in this state as a producer,  exporter,  importer,  rectifier,  retailer or wholesaler without a license issued under this title shall comply with this title as if licensed by this state. An out-of-state person engaged in business in this state as a producer,  exporter,  importer,  rectifier,  retailer or wholesaler shall be deemed to have consented to the jurisdiction of the department,  any other agency of this state,  the courts of this state and all other related laws,  rules or regulations. An out-of-state person engaged in business in this state as a producer,  exporter,  importer,  rectifier,  retailer or wholesaler who violates this title is subject to a fine or a civil penalty and suspension or revocation of the right to do business in this state.
B. If the director has reasonable cause to believe that an out-of-state person engaged in business as a producer,  exporter,  importer,  rectifier,  retailer or wholesaler is acting in violation of this title,  the director may serve a cease and desist order requiring the person to cease and desist the violation.
C. If an out-of-state person who is engaged in business in this state as a producer,  exporter,  importer,  rectifier,  retailer or wholesaler knowingly violates a cease and desist order issued by the director pursuant to subsection B of this section,  the director may:
1. Impose a civil penalty of up to one hundred fifty thousand dollars for each violation.
2. Notify the department of revenue of the violation for the purposes of collection of any transaction privilege tax or luxury privilege tax due.
3. Notify the applicable agency or regulatory body in the state in which the person is licensed of the violation.
4. Give notice of the violation to the producers,  exporters,  importers,  rectifiers,  retailers,  wholesalers,  common carriers and consumers connected to the transaction if the out-of-state person has shipped liquor into the state in violation of this title.
2023 Arizona Revised Statutes › Title 4 - Alcoholic Beverages › § 4-251 - Spirituous liquor in motor vehicles; prohibitions; violation; classification; exceptions; definitions

4-251.
Spirituous liquor in motor vehicles;  prohibitions;  violation;  classification;  exceptions;  definitions
A. It is unlawful for any person to:
1. Consume spirituous liquor while operating or while within the passenger compartment of a motor vehicle that is located on any public highway or right-of-way of a public highway in this state.
2. Possess an open container of spirituous liquor within the passenger compartment of a motor vehicle that is located on any public highway or right-of-way of a public highway in this state.
B. A person who violates subsection A of this section is guilty of a class 2 misdemeanor.
C. This section does not apply to:
1. A passenger in any bus,  limousine,  taxi or transportation network company vehicle as defined in section 28-9551 while the vehicle is being used to provide transportation network services as defined in section 28-9551.
2. A passenger in the living quarters of a motor home as defined in section 28-4301.
D. For the purposes of this section:
1. " Motor vehicle"  means any vehicle that is driven or drawn by mechanical power and that is designed primarily for use on public highways. Motor vehicle does not include a vehicle operated exclusively on rails.
2. " Open container"  means any bottle,  can,  jar,  container dispensed pursuant to section 4-244,  paragraph 32,  subdivision (c) or other receptacle that contains spirituous liquor and that has been opened,  has had its seal broken or the contents of which have been partially removed.
3. " Passenger compartment"  means the area of a motor vehicle designed for the seating of the driver and other passengers of the vehicle. Passenger compartment includes an unlocked glove compartment and any unlocked portable devices within the immediate reach of the driver or any passengers. Passenger compartment does not include the trunk,  a locked glove compartment or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.
4. " Public highway or right-of-way of a public highway"  means the entire width between and immediately adjacent to the boundary lines of every way maintained by the federal government,  this state or a county,  city or town if any part of the way is generally open to the use of the public for purposes of vehicular travel.
2023 Arizona Revised Statutes › Title 4 - Alcoholic Beverages › § 4-261 - Warning signs; consumption of spirituous liquor during pregnancy; composition of signs; rules; inspection of premises; penalty

4-261.
Warning signs;  consumption of spirituous liquor during pregnancy;  composition of signs;  rules;  inspection of premises;  penalty
A. An off-sale retailer or an on-sale retailer shall post one or more signs on the premises where spirituous liquor is sold that clearly warn pregnant women of the dangers of consuming spirituous liquor during pregnancy. A sign shall be conspicuously placed in the retail establishment in a position that assures it is likely to be read.
B. The sign required by this section shall contain the following language:
" Warning
Drinking alcoholic beverages,  including
distilled spirits,  beer,  coolers and wine,
during pregnancy can cause birth defects."
C. The department of liquor licenses and control shall prepare the signs required by this section and make them available at no cost to off-sale retailers and on-sale retailers.
D. The signs required by this section shall be composed of block,  capital letters printed in black on white laminated paper at a minimum weight of one hundred ten pound index. The lettering shall consume a space at least six inches by nine inches. The letters comprising the word " warning"  shall be at least three-fourths of a vertical inch and all other letters shall be at least one-half of a vertical inch.
E. An on-sale retailer shall post the sign required by this section either within twenty feet of each register where sales of spirituous liquor are made or behind the bar from which spirituous liquor is served.
F. A hotel-motel licensee shall do one of the following:
1. Post at least one sign that is required by this section and that is supplied by this state on the inside of the front door of each guest room that contains a mini-bar or in each guest room where spirituous liquor is available through room service.
2. Display the warning language as set forth in subsection B in a space measuring at least one inch by two inches on a room service bar menu,  mini-bar cost list,  placard,  folder,  advertisement tent or similar item that is placed in a conspicuous place in each guest room that assures it is likely to be read.
G. A retail licensee that uses a mobile service device for the sale of spirituous liquor shall display the sign required by this section on such mobile service device.
H. Each off-sale licensee shall conspicuously post the sign required by this section where a customer obtains the spirituous liquor.
I. The department shall adopt rules pertaining to the posting of the signs required by this section.
J. Upon a determination that a licensee is in violation of the provisions of this section,  the director shall notify the licensee of the violation. If,  after thirty days,  the licensee has not corrected the violation,  the licensee is subject to a penalty not to exceed five hundred dollars.
2023 Arizona Revised Statutes › Title 4 - Alcoholic Beverages › § 4-301 - Liability limitation; social host

4-301.
Liability limitation;  social host
A person other than a licensee or an employee of a licensee acting during the employee's working hours or in connection with such employment is not liable in damages to any person who is injured,  or to the survivors of any person killed,  or for damage to property,  which is alleged to have been caused in whole or in part by reason of the furnishing or serving of spirituous liquor to a person of the legal drinking age.
2023 Arizona Revised Statutes › Title 4 - Alcoholic Beverages › § 4-302 - Notice of litigation

4-302.
Notice of litigation
A. A person filing a claim for relief seeking damages from a licensee and alleging that a person was injured or damage occurred which was caused in whole or in part by reason of the furnishing or serving of spirituous liquor by the licensee or an employee of the licensee to any person shall file a copy of the complaint with the department within ten days after filing the complaint.
B. A licensee who has been served with a complaint alleging the provisions of subsection A shall file a copy of the complaint with the department within ten days after the service.
C. A licensee or controlling person who files a petition in bankruptcy shall file notice of the petition with the department within ten days after the filing or entry and shall advise the department within ten days of a dismissal or discharge by any means.
D. A licensee or controlling person who files a bankruptcy dismissal or discharge shall file notice of the dismissal or discharge with the department within ten days after the filing.
2023 Arizona Revised Statutes › Title 4 - Alcoholic Beverages › § 4-311 - Liability for serving intoxicated person or minor; definition

4-311.
Liability for serving intoxicated person or minor;  definition
A. A licensee is liable for property damage and personal injuries or is liable to a person who may bring an action for wrongful death pursuant to section 12-612,  or both,  if a court or jury finds all of the following:
1. The licensee sold spirituous liquor either to a purchaser who was obviously intoxicated,  or to a purchaser under the legal drinking age without requesting identification containing proof of age or with knowledge that the person was under the legal drinking age.
2. The purchaser consumed the spirituous liquor sold by the licensee.
3. The consumption of spirituous liquor was a proximate cause of the injury,  death or property damage.
B. No licensee is chargeable with knowledge of previous acts by which a person becomes intoxicated at other locations unknown to the licensee unless the person was obviously intoxicated. If the licensee operates under a restaurant license,  the finder of fact shall not consider any information obtained as a result of a restaurant audit conducted pursuant to section 4-213 unless the court finds the information relevant.
C. For the purposes of subsection A,  paragraph 2 of this section,  if it is found that an underage person purchased spirituous liquor from a licensee and such underage person incurs or causes injuries or property damage as a result of the consumption of spirituous liquor within a reasonable period of time following the sale of the spirituous liquor,  it shall create a rebuttable presumption that the underage person consumed the spirituous liquor sold to such person by the licensee.
D. For the purposes of this section,  " obviously intoxicated"  means inebriated to such an extent that a person's physical faculties are substantially impaired and the impairment is shown by significantly uncoordinated physical action or significant physical dysfunction that would have been obvious to a reasonable person.
2023 Arizona Revised Statutes › Title 4 - Alcoholic Beverages › § 4-312 - Liability limitation

4-312.
Liability limitation
A. A licensee is not liable in damages to any consumer or purchaser of spirituous liquor over the legal drinking age who is injured or whose property is damaged,  or to survivors of such a person,  if the injury or damage is alleged to have been caused in whole or in part by reason of the sale,  furnishing or serving of spirituous liquor to that person. A licensee is not liable in damages to any other adult person who is injured or whose property is damaged,  or to the survivors of such a person,  who was present with the person who consumed the spirituous liquor at the time the spirituous liquor was consumed and who knew of the impaired condition of the person,  if the injury or damage is alleged to have been caused in whole or in part by reason of the sale,  furnishing or serving of spirituous liquor.
B. Subject to the provisions of subsection A of this section and except as provided in section 4-311,  a person,  firm,  corporation or licensee is not liable in damages to any person who is injured,  or to the survivors of any person killed,  or for damage to property which is alleged to have been caused in whole or in part by reason of the sale,  furnishing or serving of spirituous liquor.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-101.01 - Division of racing; director; qualifications; term; deputy director; conflict of interest

5-101.01.
Division of racing;  director;  qualifications;  term;  deputy director;  conflict of interest
A. There is established a division of racing within the department of gaming.
B. The director shall administer the division. To be eligible for appointment as director,  a person must have a minimum of five years of experience in business and administration and shall not have a financial interest in a racetrack or in the racing industry in this state during that person's appointment.
C. The director may establish the position of deputy director of the division.
D. The position of deputy director,  if applicable,  is exempt from title 41,  chapter 4,  articles 5 and 6. The deputy director,  if applicable,  is eligible to receive compensation pursuant to section 38-611.
E. The provisions of title 38,  chapter 3,  article 8,  relating to conflict of interest,  apply to the director and all other employees of the department.
F. Neither the director,  any employee of the department nor any member of the immediate family of the director or other employee of the department may:
1. Have any pecuniary interest in a racetrack in this state or in any stable,  compound or farm licensed under this chapter.
2. Wager money at a racetrack enclosure or additional wagering facility in this state or wager money on the results of any race held at a racetrack enclosure in this state.
3. Hold more than a five percent interest in any entity doing business with a racetrack in this state.
4. Have any interest,  whether direct or indirect,  in a license issued pursuant to this chapter or in a licensee,  facility or entity that is involved in any way with pari-mutuel wagering. For the purposes of this paragraph,  " interest"  includes employment.
G. Failure to comply with subsection F of this section is grounds for dismissal.
H. For the purposes of subsection F of this section,  " immediate family"  means a spouse or children who regularly reside in the household of the director or other employee of the department.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-102 - Arizona racing commission; members; appointment; terms

5-102.
Arizona racing commission;  members;  appointment;  terms
There shall be an Arizona racing commission consisting of five members,  who shall be appointed by the governor pursuant to section 38-211. Appointment shall be for a term of five years which shall expire on the third Monday in January of the appropriate year.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-103 - Commissioners; qualifications; oath; interest in racing prohibited; exception; annual report

5-103.
Commissioners;  qualifications;  oath;  interest in racing prohibited;  exception;  annual report
A. A member of the commission shall have been a resident of this state and a qualified elector for at least five years before the governor appoints the member.
B. Before entering on the discharge of the appointee's duties,  each appointee shall take the official oath.
C. A person who has a financial interest,  either directly or indirectly,  in a racetrack,  or the operation of licensed wagering on the results of races,  is not qualified for membership on the commission or appointment or employment by the commission,  but this subsection does not affect the entrance into a race outside this state of a horse or dog belonging to a member,  or the winning of a purse or award by a member's horse or dog.
D. A commissioner or member or a relative of the commissioner or member to the first degree of consanguinity may not have a financial interest in a licensee or permittee regulated by the division.
E. Of the five members appointed to the commission,  two shall have a financial interest or substantial experience in the horse or harness racing industry.
F. Members of the commission are eligible to receive compensation pursuant to section 38-611 for each day spent in the discharge of their duties and reimbursement for all expenses necessarily and properly incurred in attending meetings of or for the commission.
G. The governor shall remove any commissioner who ceases to meet the qualifications prescribed by this section.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-103.01 - Prohibited activities

5-103.01.
Prohibited activities
An employee or appointee of the commission may not:
1. Enter into any business dealing,  venture or contract with an owner or lessee of a race track or any permittee.
2. Be employed in any capacity by any race track or permittee.
3. Participate as an owner-trainer,  trainer or jockey in any racing meeting conducted in this state.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-104.01 - Audits and special investigations; exemption

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.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-107.02 - Qualification for eligibility of racing meeting operator

5-107.02.
Qualification for eligibility of racing meeting operator
No person,  association or corporation is eligible to operate a racing meeting with a permit issued under this chapter unless he is an owner or the lessee of the track named in the permit. A permit shall not be issued to any corporation or association unless the corporation or association in its application for the permit has specifically named the manager who will operate the racing meeting,  has supplied the department with all relevant information concerning this manager including his relationship with the corporation or association,  any previous experience in the racing field,  and any other relevant and material information the commission may have requested,  and has obtained the commission's approval of the manager so named in the application.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-107.03 - Separate financial records of permittee and concessionaire; violations

5-107.03.
Separate financial records of permittee and concessionaire;  violations
A. Each permittee and each concessionaire who has a proprietary interest in a permit shall keep separate financial books,  statements and records with respect to the operations conducted by him at each particular place,  track,  additional wagering facility or enclosure. A commercial racing permittee and concessionaire shall keep and maintain the financial books,  statements and records in accordance with generally accepted accounting principles so as to reflect accurately the operations conducted by each permittee and concessionaire who has a proprietary interest in a permit. A county fair racing association may keep and maintain the financial books,  statements and records on a cash basis on approval of the department. Such financial books,  statements and records shall be open for examination by the director or his designated representative.
B. All financial information that is given by a commercial racing permittee or concessionaire to any state agency,  body or department shall accurately reflect the total income of each permittee and concessionaire who has a proprietary interest in a permit from each particular place,  track or enclosure.
C. Any violation of this section by any permittee is a ground for refusal to renew or for the revocation of a permit only after written notice to the permittee and a full hearing thereon.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-108.01 - Hearing on application for or renewal of original permit; notice of hearing; decisions of commission and director; appeal; transfer of permit

5-108.01.
Hearing on application for or renewal of original permit;  notice of hearing;  decisions of commission and director;  appeal;  transfer of permit
A. The commission shall hold a public hearing on an original application for a racing permit or renewal of a current racing permit under this article. At least fifteen days' notice shall be given to all permittees holding a permit,  and they may appear and be heard as parties in interest upon the hearing of an application.
B. The commission may provide by rule for rehearings of any final decision of the department in accordance with section 5-104,  subsection D. Except as provided in section 41-1092.08,  subsection H,  the parties to the proceeding before the commission or department may commence an action in the superior court in Maricopa county after a decision of the commission or director has become final to review the decision pursuant to title 12,  chapter 7,  article 6. Pending determination of the appeal,  the decision and order shall remain in full force and effect,  and may not be superseded.
C. The commission shall not approve an original permit to conduct a horse racing,  harness racing or dog racing meeting at any place,  enclosure or track not used for racing purposes pursuant to permits actually issued as authorized by law prior to February 1,  1971,  unless before the beginning of construction or preparation of the place,  enclosure or track the commission determines that each of the following applies:
1. The conducting of horse,  harness or dog racing meetings at such place will serve the public interest,  convenience or necessity.
2. The plan of racing is economically feasible.
3. The issuance of a permit is in the best interest of racing and this state generally.
D. No place,  enclosure or track used for horse,  harness or dog racing on or before February 1,  1971 may be used for any other type of animal racing,  except that in counties with a population of less than seven hundred thousand persons as shown by the last United States census,  a place,  enclosure or track used for one type of animal racing may be used for any other type of animal racing. In considering an application for a permit under this section,  the commission shall give consideration to the number and location of existing tracks,  the number of permits already granted and the economic effect the granting of a new permit may have on existing tracks and permittees and the revenues of this state.
E. If the owner or lessee of any place,  enclosure or track used for racing purposes pursuant to permits issued as authorized by law on or before February 1,  1971 is obligated for any reason to abandon the use of the place,  enclosure or track,  the owner or lessee may transfer the use and rights to use the premises for racing purposes to any other location in the same county.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-108.02 - Revocation of permits; penalties

5-108.02.
Revocation of permits;  penalties
A. The commission may revoke the permit of any permittee upon any of the grounds upon which the commission could refuse to approve a permit in section 5-108 or who has failed to pay the department all sums required under this chapter.
B. The commission may revoke the permit to hold a racing meeting of any corporate permittee which transfers ten per cent of its stock after a permit to hold a racing meeting is issued,  and before the termination of the permit period,  except as authorized in section 5-108,  subsection A,  paragraph 2,  subdivision (d).
C. Revocation shall be made only after a hearing before the commission for which ten days' notice in writing by certified mail has been given to the permittee specifying the grounds for the proposed revocation.
D. At the hearing,  the permittee shall be given an opportunity to be heard and present evidence in opposition to the proposed revocation.
E. When the grounds exist for the imposition of a civil penalty or revocation of a permit issued pursuant to this chapter the department may impose a civil penalty,  not to exceed five thousand dollars per day nor more than a total of twenty-five thousand dollars,  on the permittee in lieu of or in addition to revocation of the permit by the commission. The department in addition to any criminal penalties provided in this chapter may levy a civil penalty as to a permittee in an amount not to exceed five hundred dollars for violation of any provision of this chapter or rule or regulation adopted pursuant to this chapter which does not constitute grounds for revocation of a permit. All sums paid to the department pursuant to this subsection shall be deposited in the general fund.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-108.04 - Restrictions on loans; exemptions

5-108.04.
Restrictions on loans;  exemptions
A permittee or an affiliate of a permittee shall not borrow from or accept loans or guarantees of loans from any licensed food and beverage concessionaire or any affiliate of a concessionaire,  or make payments pursuant to any such loans,  except that a permittee may accept loans or guarantees of loans,  and may make payments pursuant to such loans,  from a food and beverage concessionaire that is an affiliate of such permittee.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-108.05 - Revocation and suspension of licenses; probation; civil penalties; exception

5-108.05.
Revocation and suspension of licenses;  probation;  civil penalties;  exception
A. Except as provided by subsections C and D of this section the department may revoke or suspend the license of a licensee or impose probation requirements or a civil penalty,  or any combination of these sanctions,  based on any of the grounds for which the department could refuse to issue a license pursuant to section 5-108 or for a violation of any provision of this article or the rules of the commission or department.
B. The department shall suspend or revoke a license only after a hearing before the department pursuant to rules adopted by the commission.
C. Except as provided in subsection E of this section,  the department shall revoke for a period of not to exceed one year the license of any person who commits an initial violation of any provision of section 5-115. If the licensee is a corporation,  the department shall revoke the license if the corporation is controlled or operated directly or indirectly by such a person.
D. Except as provided in subsection E of this section,  the department shall revoke permanently the license of any person who commits a subsequent violation of any provision of section 5-115.
E. The department may impose a lesser penalty or sanction authorized by this article for a violation of a rule with respect to medication if the department finds by clear and convincing evidence that the permitted medication or medication which reduces exercise induced pulmonary hemorrhage which is revealed in a sample or test was administered to the animal in a lawful manner.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-109 - Identification of animals; exemptions

5-109.
Identification of animals;  exemptions
A horse shall not take part in any race conducted under this article unless satisfactorily identified and registered by an association recognized by the department. A horse shall not be allowed to leave the racetrack premises unless it is accompanied by the certificate required by section 3-1335 unless:
1. An emergency situation requires immediate removal of the animal from the premises.
2. The director of the Arizona department of agriculture issues special permission in situations he determines to be in the best interest of the animal.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-109.01 - Requirements of permittee regarding Arizona bred horses; powers of commission

5-109.01.
Requirements of permittee regarding Arizona bred horses;  powers of commission
A. A permittee,  in addition to all other requirements,  shall:
1. Admit to qualifying any horse that is foaled in this state or any dog that is whelped at a facility licensed by the department and that is:
(a) Of suitable racing age.
(b) Physically qualified and registered pursuant to department requirements.
(c) Owned by a resident of this state,  who has been engaged for at least two consecutive years,  in this state,  in the business of breeding,  racing,  raising or training horses for racing purposes.
2. Adopt no rule that discriminates in any way against a resident of this state who is engaged in this state in the business of breeding,  racing,  raising or training horses for racing purposes.
B. Failure of a permittee to comply with subsection A of this section constitutes grounds for revocation of or refusal to renew any permit.
C. The commission may adopt rules to further the purposes of this section.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-111.01 - Breakage; definition; tax; disposition

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.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-111.04 - Repayment of nonapproved expenditures of capital monies; judicial review

5-111.04.
Repayment of nonapproved expenditures of capital monies;  judicial review
A. If it is determined by the commission,  through the findings of the commission or through information provided to the commission by the department or the auditor general,  that a permittee has retained monies for approved capital improvements pursuant to section 5-111.02 in excess of the amount approved for such capital improvements,  the permittee shall repay the excess amount to this state within one year after notification of the determination by the commission. The commission shall determine the repayment method,  and the repayment may be made directly by the permittee or through reductions in future entitlements for capital improvements which have been approved by the commission. This section shall not prohibit the use of capital expenditure monies received pursuant to section 5-111.02 for repayment of obligations of the permittee which directly relate to approved capital improvements.
B. Except as provided in section 41-1092.08,  subsection H,  final decisions of the commission are subject to judicial review pursuant to title 12,  chapter 7,  article 6.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-112.01 - Defense to a charge of false arrest

5-112.01.
Defense to a charge of false arrest
Reasonable cause shall be a defense to a civil or criminal action brought for false arrest,  false imprisonment or wrongful detention against a peace officer,  employee or security personnel of the department or the permittee by a person suspected of wagering violations as provided pursuant to section 5-111,  subsection A and section 5-112.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-113.01 - Racing regulation fund; exemption

5-113.01.
Racing regulation fund;  exemption
The racing regulation fund is established. All revenues derived from permittees,  permits and licenses pursuant to this article and section 5-230 and any grants or donations received by the department shall be deposited,  pursuant to sections 35-146 and 35-147,  in the racing regulation fund. The department shall administer the racing regulation fund. Monies in the racing regulation fund are subject to legislative appropriation and are to be used by the department to support the mission of the department. The racing regulation fund is exempt from the provisions of section 35-190 relating to lapsing of appropriations.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-114 - Races exclusively for Arizona bred horses; breeders' awards; certification; fee

5-114.
Races exclusively for Arizona bred horses;  breeders' awards;  certification;  fee
A. For the purpose of promoting and encouraging the breeding of Arizona bred horses,  each meeting shall offer not less than one race each day of racing which shall be exclusively for Arizona bred horses. In the event such race does not fill with at least five Arizona bred horses,  it shall be offered as an open race in which Arizona bred horses have a preference of entry.
B. To promote and improve the breeding of horses within this state,  a sum of money equal to ten percent of the first money of every purse won by a horse bred in this state shall be paid by the permittee to the owner or lessee,  or his heirs,  devisees or successors,  of the dam of the animal at the time the animal was foaled. Such amount shall be paid within thirty days after the close of the racing meeting. All claims or disputes as to the dam of a horse bred in this state shall be determined by the permittee,  subject to review by the commission,  and the decision of the commission shall be final and conclusive. A horse bred in this state means a horse foaled in this state and certified by the commission. To be eligible for Arizona bred certification,  the horse must be physically present within this state for not less than six months during the period from the date he is foaled to the first anniversary date of his having been foaled.
C. The commission may contract with a breeders' association to certify that an animal is Arizona bred or is an Arizona stallion. The commission may authorize the association,  racing organization or department to charge and collect a reasonable fee from a stallion owner to cover the cost of certification or transfer and verification that the animal is Arizona bred or an Arizona stallion.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-116 - Prohibition of automatic teller machine or point-of-sale terminal that accepts electronic benefit transfer cards on premises; penalties; violation; classification

5-116.
Prohibition of automatic teller machine or point-of-sale terminal that accepts electronic benefit transfer cards on premises;  penalties;  violation;  classification
A. It is unlawful for a permittee,  licensee or facility for commercial horse racing or dog racing licensed pursuant to this title to operate on the licensed premises an automatic teller machine or a point-of-sale terminal that accepts electronic benefit transfer cards issued pursuant to title 46,  chapter 2,  article 5 or that processes electronic benefit transfer card transactions.
B. On or before February 1,  2014,  a permittee,  licensee or facility for commercial horse racing or dog racing licensed pursuant to this title shall disable the ability of every automatic teller machine and point-of-sale terminal operated on the premises to accept the electronic benefit transfer card or process an electronic benefit transfer card transaction.
C. Failure to comply with this section is a license violation subject to licensing action. The commission shall ensure compliance with the requirements of this section and enforce the continued prohibition on the use of electronic benefit transfer cards.
D. A person who violates subsection A of this section is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-117 - Ejection or exclusion from racing meeting or racetrack enclosure; due process; rules

5-117.
Ejection or exclusion from racing meeting or racetrack enclosure;  due process;  rules
A. Any person who is licensed pursuant to this chapter may be ejected or excluded from any racing meeting or racetrack enclosure in this state or any portion of a racing meeting or portion of a racetrack enclosure in this state if the track stewards issue a ruling that the person's participation in the racing meeting or presence at the racetrack enclosure is detrimental to the integrity of horse racing or would interfere with the orderly conduct of horse racing. A licensee may appeal the ruling to the director within five days.
B. If the director determines that the person's participation in the racing meeting or presence at the racetrack enclosure is detrimental to the integrity of horse racing or would interfere with the orderly conduct of horse racing,  the ejection or exclusion shall remain in effect. The director shall make a determination within three days after the appeal is filed. Any party may appeal the determination to the commission within five days.
C. If the commission determines by majority vote in a public meeting that the person's participation in the racing meeting or presence at the racetrack enclosure is detrimental to the integrity of horse racing or would interfere with the orderly conduct of horse racing,  the ejection or exclusion shall remain in effect. The commission shall make a determination within seven days after the appeal is filed. If the commission makes a determination in favor of the licensee,  the licensee may return to the race meeting or racetrack enclosure.
D. The commission shall adopt rules to carry out the purposes of this section. The rules shall include procedures to ensure the due process and property rights of all parties that are involved in a determination conducted pursuant to this section,  a hearing conducted pursuant to this section or an administrative review conducted pursuant to title 41,  chapter 6,  article 10.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-118 - Authorization to own or lease new additional wagering facilities; written consent

5-118.
Authorization to own or lease new additional wagering facilities;  written consent
A. A permittee that is authorized to conduct live racing may own or lease new additional wagering facilities.
B. A permittee that is authorized to conduct live racing in a county with a population of seven hundred thousand persons or more but less than one million five hundred thousand persons may not own or lease an additional wagering facility within sixty miles of a racetrack enclosure located in a county with a population of two hundred thousand persons or more but less than five hundred thousand persons or in a county with a population of more than three million persons without the prior written consent of the racetrack enclosure.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-221 - Definitions

5-221.
Definitions
In this article,  unless the context otherwise requires:
1. " Boxing"  means the act of attack and defense with the fists,  using padded gloves,  that is practiced as a sport. Where applicable,  boxing includes kickboxing.
2. " Commission"  means the Arizona state boxing and mixed martial arts commission.
3. " Contest"  means any boxing or mixed martial arts bout,  event,  contest,  match or exhibition between two persons.
4. " Department"  means the department of gaming.
5. " Director"  means the director of the department of gaming.
6. " Executive director"  means the executive director of the commission.
7. " Kickboxing"  means a form of boxing,  including muay thai pursuant to rules and regulations of the United States muay thai association or another muay thai sanctioning body that is approved by the commission,  in which blows are delivered with any part of the arm below the shoulder,  including the hand,  and any part of the leg below the hip,  including the foot.
8. " Mixed martial arts"  means any form of competition or contest,  other than boxing or kickboxing,  in which blows are delivered and in which the competitors use any combination of tactics including boxing,  wrestling,  striking,  kicking,  martial arts and submission techniques.
9. " Professional"  means any person who competes for any money prize or a prize that exceeds the value of thirty-five dollars or teaches or pursues or assists in the practice of boxing or mixed martial arts as a means of obtaining a livelihood or pecuniary gain.
10. " Tough man contest"  means any boxing match consisting of one minute rounds,  between two or more persons who use their hands,  wearing padded gloves that weigh at least twelve ounces,  or their feet,  or both,  in any manner. Tough man contest does not include kickboxing or any recognized martial arts competition.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-222 - Application of this chapter

5-222.
Application of this chapter
A. This chapter does not apply to any amateur boxing or mixed martial arts contest conducted by the following:
1. Any school,  community college,  college or university or an association or organization composed exclusively of schools,  community colleges,  colleges or universities when each contestant is a student enrolled in a school,  community college,  college or university. As used in this section,  " school,  community college,  college or university"  means every school,  community college,  college or university and every other school,  community college,  college or university determined by the state board of education,  community college districts as defined in section 15-1401 or the Arizona board of regents to be maintained primarily for the giving of general academic education.
2. A government unit or agency of the United States,  this state or a subdivision of this state or a unit of the United States armed forces or the national guard if all contestants are members of that unit of the armed forces or the national guard.
3. An amateur athletic program that is authorized by and sanctioned under the rules,  regulations and policies of a national governing body that is recognized by the United States olympic committee in which all contestants are amateur contestants.
4. Kickboxing events that are sanctioned by and conducted under the direct supervision of the United States muay thai association or another muay thai sanctioning body that is approved by the commission if all contestants are amateur contestants.
5. Any bona fide private school whose primary purpose is instruction and training in the martial arts,  if:
(a) The contests held in conjunction with the instruction and training are amateur.
(b) The contests are of a sparring nature with no official decisions awarded.
(c) At least one contestant in each contest has been a member in good standing of the sponsoring private school for at least sixty continuous days before the contest.
(d) An admission fee or a mandatory donation or other form of payment is not charged for attendance.
6. Any bona fide private school whose primary purpose is instruction in karate,  if the contests held in conjunction with the instruction are amateur.
B. An amateur mixed martial arts competitor shall not be licensed as a professional mixed martial arts competitor until the person has completed five or more verified amateur contests that are regulated by the commission or by a sanctioning body that is approved by the commission. The five-contest requirement prescribed by this subsection may be waived by the commission or by the executive director.
2023 Arizona Revised Statutes › Title 5 - Amusements and Sports › § 5-223 - Arizona state boxing and mixed martial arts commission; appointment; terms; compensation; conflict of interest; emergency ringside meetings

5-223.
Arizona state boxing and mixed martial arts commission;  appointment;  terms;  compensation;  conflict of interest;  emergency ringside meetings
A. The Arizona state boxing and mixed martial arts commission shall consist of three members appointed by the governor pursuant to section 38-211. The term of office of commissioners is three years. The term of one member shall expire on the third Monday in January each year.
B. Two members of the commission constitute a quorum for conducting business. A concurrence of two members is necessary to render a decision by the commission. Emergency ringside meetings held immediately prior and subsequent to a scheduled contest for the purpose of determining whether or not there has been a violation of the rules and regulations of the commission or the provisions of this chapter shall be exempt from the provisions of title 38,  chapter 3,  article 3.1.
C. The commissioners shall receive compensation as determined pursuant to section 38-611 for each day they act in their official capacity,  not to exceed one hundred days each year.
D. A commissioner shall not during his term of office promote,  sponsor or have any financial interest in a boxer,  a boxing contest or in the premises leased for a boxing contest.