Arizona Laws 4-205.13. Registered alcohol delivery contractor; issuance; fee; regulatory provisions
A. The director may register any person in this state as an alcohol delivery contractor for the purposes of delivering spirituous liquor from a bar, beer and wine bar, liquor store, beer and wine store or restaurant licensee to a consumer in this state pursuant to section 4-203, subsections S and T.
Terms Used In Arizona Laws 4-205.13
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Board: means the state liquor board. See Arizona Laws 4-101
- Contract: A legal written agreement that becomes binding when signed.
- Controlling person: means a person directly or indirectly possessing control of an applicant or licensee. See Arizona Laws 4-101
- Department: means the department of liquor licenses and control. See Arizona Laws 4-101
- Director: means the director of the department of liquor licenses and control. See Arizona Laws 4-101
- Employee: means any person who performs any service on licensed premises on a full-time, part-time or contract basis with consent of the licensee, whether or not the person is denominated an employee or independent contractor or otherwise. See Arizona Laws 4-101
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Licensee: means a person who has been issued a license or an interim retail permit pursuant to this title or a special event licensee. See Arizona Laws 4-101
- Person: includes a partnership, limited liability company, association, company or corporation, as well as a natural person. See Arizona Laws 4-101
- Spirituous liquor: includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor or malt beverage, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, that produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one percent of alcohol by volume. See Arizona Laws 4-101
- Wine: means the product obtained by the fermentation of grapes, other agricultural products containing natural or added sugar or cider or any such alcoholic beverage fortified with grape brandy and containing not more than twenty-four percent of alcohol by volume. See Arizona Laws 4-101
B. A person shall apply to be a registered alcohol delivery contractor on a form prescribed by the director. The director shall require an applicant to provide the controlling person‘s identification and any background information deemed necessary to identify the person and to demonstrate proof of the person’s authority to conduct business in this state, including copies of any required state or local business licenses or permits. The director may establish and charge a registration fee and a renewal fee to be used for administrative and enforcement costs associated with alcohol delivery contractors.
C. The department shall maintain a list of registered alcohol delivery contractors that are not otherwise in penalty status pursuant to subsection G of this section.
D. The department may require new registered alcohol delivery contractors to complete an approved training course in accordance with section 4-112, subsection G, paragraph 2. A registered alcohol delivery contractor is subject to examinations conducted pursuant to section 4-112, subsection G, paragraph 1.
E. The director may refuse to register a person as an alcohol delivery contractor for good cause and may not register any person as an alcohol delivery contractor if the person has been convicted of a felony in this state or any other state within five years immediately preceding the application.
F. A registered alcohol delivery contractor may deliver spirituous liquor to a consumer in this state on behalf of a bar, beer and wine bar, liquor store, beer and wine store or restaurant in this state pursuant to section 4-203, subsections S and T, if the registered alcohol delivery contractor complies with this title. A registered alcohol delivery contractor may contract with one or more independent subcontractors for the delivery of spirituous liquor to a consumer in this state on behalf of a bar, beer and wine bar, liquor store, beer and wine store or restaurant in this state pursuant to section 4-203, subsections S and T. An alcohol delivery contractor, a subcontractor of an alcohol delivery contractor, an employee of an alcohol delivery contractor or an employee of a subcontractor is deemed to be acting on behalf of the licensee when making a delivery of spirituous liquor for the licensee.
G. In addition to all other action that may be taken by the director for a violation of this title or the rules adopted pursuant to this title by a registered alcohol delivery contractor and its employees or subcontractors and employees of subcontractors, the department may limit the right of the registered alcohol delivery contractor to deliver spirituous liquor on behalf of a licensee for a period of up to one year, after which the alcohol delivery contractor shall register with the department to resume delivery of spirituous liquor. Any penalty issued pursuant to this subsection may be appealed to the board pursuant to Section 4-210.02.