Arizona Administrative Code › Title 19 - ALCOHOL, HORSE AND DOG RACING, LOTTERY, AND GAMING › Chapter 1 - DEPARTMENT OF LIQUOR LICENSES AND CONTROL › Article 1 - GENERAL PROVISIONS › Section R19-1-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. The definitions in A.R.S. §§
									4-101,  4-205.02,  4-205.03,  4-205.06,  4-207,  4-210,  4-227,  4-243,  4-243.01,
				 4-244,  4-248,  4-251, and 4311 apply to this Chapter. Additionally, in A.R.S.
				Title 4 and this Chapter, unless the context otherwise requires:
1. "Association" means a group of individuals
				who have a common interest that is organized as a non-profit corporation or
				fraternal or benevolent society and owns or leases a business premises for the
				group's exclusive use.
2. "Bar
				license" (Series 6) means authorization issued to an on-sale retailer to sell:
a. Spirituous liquors in individual portions
				for consumption on the licensed premises;
b. Spirituous liquors in an original,
				unopened, container for consumption off the licensed premises provided sales
				for consumption off the licensed premises, by total retail sales of spirituous
				liquor at the licensed premises, are no more than the percentage of the sales
				price of on-sale spirituous liquor established under A.R.S. §
											4-206.01(G);
				and
c. Beer in accordance with
				A.R.S. §
											4-244(32)(c).
3. "Beer and wine bar license" (Series 7)
				means authorization issued to an on-sale retailer to sell:
a. Beer and wine in individual portions for
				consumption on the licensed premises;
b. Beer and wine in an original, unopened,
				container for consumption off the licensed premises provided sales for
				consumption off the licensed premises, by total retail sales of spirituous
				liquor at the licensed premises, are no more than the percentage of the sales
				price of on-sale spirituous liquor established under A.R.S. §
											4-206.01(G);
				and
c. Beer in accordance with
				A.R.S. §
											4-244(32)(c).
4. "Beer and wine store license" (Series 10)
				means authorization issued to an off-sale retailer to sell:
a. Wine and beer in an original, unopened,
				container for consumption off the licensed premises; and
b. Beer in accordance with A.R.S. §
											4-244(32)(c).
5.
				"Business" means an enterprise or organized undertaking conducted regularly for
				profit, which may be licensed or unlicensed.
6. "Business premises" means real property
				and improvements from which a business operates.
7. "Catering establishment" means a business
				that is available for hire for a particular event and at which food and service
				is provided for people who attend the event.
8. "Club license" (Series 14) means
				authorization issued to a club to sell spirituous liquors only to members and
				members' bona fide guests for consumption only on the premises of the
				club.
9. "Cocktail mixer" means a
				non-alcoholic liquid or solid mixture used for mixing with spirituous liquor to
				prepare a beverage.
10. "Conveyance
				license" (Series 8) means authorization issued to the owner or lessee of an
				airplane, train, or boat to sell spirituous liquors for consumption only on the
				airplane, train, or boat.
11.
				"Cooler product" means an alcoholic beverage made from wine or beer and fruit
				juice or fruit flavoring, often in combination with a carbonated beverage and
				sugar but does not include a formula wine as defined at  27 CFR 24.10.
12. "Deal" means to sell, trade, furnish,
				distribute, or do business in spirituous liquor.
13. "Department" means the Director of the
				Department of Liquor Licenses and Control and the State Liquor Board.
14. "Direct shipment license" (Series 17)
				means authorization issued to producer, exporter, importer, or rectifier to
				take an order for spirituous liquor and ship the order under A.R.S. §
										4-203.04(A) -(I).
15. "Entertainment," as
				used in A.R.S. §
										4-244.05, means any form of amusement including a
				theatrical, opera, dance, or musical performance, motion picture, videotape,
				audiotape, radio, television, carnival, game of chance or skill, exhibit,
				display, lecture, sporting event, or similar activity.
16.
				"Erotic entertainer," as used in A.R.S. §
										4-112(G), means an employee who
				performs in a manner or style designed to stimulate or arouse sexual thoughts
				or actions.
17. "Farm winery
				license" (Series 13) means authorization issued to a farm winery that produces
				at least 200 gallons but not more than 40,000 gallons of wine annually. For the
				purposed of A.R.S. §
										4-243, a farm winery is considered an "other
				producer."
18. "Government
				license" (Series 5) has the meaning set forth at A.R.S. §
										4-101.
19.
				"Hotel-motel license" (Series 11) means authorization issued to a hotel or
				motel that has a restaurant where food is served to sell spirituous liquors for
				consumption on the premises of the hotel or motel or by means of a
				mini-bar.
20. "Incidental
				convenience," as used in A.R.S. §
										4-244.05(I), means allowing a customer
				to possess and consume the amount of spirituous liquor stated in R19-1-324 while at a business to obtain goods or services regularly offered to all
				customers.
21. "In-state producer
				license" (Series 1) means authorization issued to an entity to produce or
				manufacture spirituous liquor in Arizona.
22. "Interim permit"
				means temporary authorization issued under A.R.S. §
										4-203.01 that allows
				continued sale of spirituous liquor.
23. "Licensed" means a
				license or interim permit is issued under A.R.S. Title 4 and this Chapter,
				including a license or interim permit on nonuse status.
24.
				"Licensed retailer" means an on-sale or off-sale retailer.
25.
				"Limited out-of-state producer license" (Series 2L) means authorization issued
				to an out-of-state producer to sell no more than 50 cases of spirituous liquor
				through a wholesaler annually.
26. "Liquor store
				license" (Series 9) means authorization issued to an off-sale retailer to sell:
a. Spirituous liquors in an original,
				unopened, container for consumption off the licensed premises; and
b. Beer in accordance with A.R.S. §
											4-244(32) (c).
27.
				"Microbrewery license" (Series 3) means authorization issued to a microbrewery
				that produces at least 5,000 gallons of beer following its first year of
				operation and not more than 6.2 million gallons of beer annually and includes
				authorization to sell beer in a clean glass container that is sealed and
				labeled as described in A.R.S. §
										4-244(32)(c). For the purposed of A.R.S.
				§
										4-243, a microbrewery is considered an "other producer."
28. "Non-technical error" means a mistake on
				an application that has the potential to mislead regarding the truthfulness of
				information provided.
29. "Nonuse"
				means a license is not used to engage in business activity authorized by the
				license for at least 30 consecutive days.
30. "Out-of-state producer license" (Series
				2) means authorization issued to an entity to produce, export, import, or
				rectify spirituous liquors outside of Arizona and ship the spirituous liquors
				to a wholesaler.
31. "Party" has
				the same meaning as prescribed in A.R.S. §
										41-1001.
32. "Physical barrier" means a wall, fence,
				rope, railing, or other temporary or permanent structure erected to restrict
				access to a designated area of a licensed premises.
33. "Producer" means the holder of an
				in-state, out-of-state, or limited out-of-state producer license.
34. "Product display" means a wine rack, bin,
				barrel, cask, shelving, or similar item with the primary function of holding
				and displaying spirituous liquor or other products.
35. "Production and storage spaces" means the
				same as in A.R.S. §
										4-205.10.
36. "Public area" means the same as in A.R.S.
				§
										4-205.10.
37. "Quota license"
				means a bar, beer and wine bar, or liquor store license.
38.
				"Rectify" means to color, flavor, or otherwise process spirituous liquor by
				distilling, blending, percolating, or other processes.
39.
				"Reset" means a wholesaler adjusts spirituous liquor on the shelves of a
				licensed retailer.
40. "Restaurant
				continuation authorization" means authorization issued to the holder of a
				restaurant license to operate under the restaurant license after it is
				determined that food sales comprise at least 30 percent but less than 40
				percent of the business's gross revenue.
41.
				"Restaurant license" (Series 12) means authorization issued to a restaurant, as
				defined in A.R.S. §
										4-205.02, to sell spirituous liquors for consumption
				only on the restaurant premises.
42. "Second-party
				purchaser" means an individual who is of legal age to purchase spirituous
				liquor and buys spirituous liquor for an individual who may not lawfully
				purchase spirituous liquor in Arizona.
43. "Special event
				license" (Series 15) means the authorization provided under A.R.S. §
										4-203.02(E).
44. "Tapping equipment"
				means beer, wine, and distilled spirit dispensers as stated in
				R19-1-326.
45. "Technical error"
				means a mistake on an application that does not mislead regarding the
				truthfulness of the information provided.
46. "Transfer" means
				to:
a. Move a license from one location to
				another location within the same county; or
b. Change ownership, directly or indirectly,
				in whole or in part, of a business.
47. "Wholesaler
				license" (Series 4) means authorization issued to a wholesaler, as prescribed
				at A.R.S. §
										4-243.01, to warehouse and distribute spirituous liquors to a
				licensed retailer or another licensed wholesaler.
48. "Wine festival or
				fair license" (Series 16) means authorization issued for a specified period to
				a farm winery to serve samples of its products and sell the products in
				individual portions for consumption on the premises or in original, unopened,
				containers for consumption off the premises.