Arizona 2023 2023 Regular Session

Arizona House Bill HB2223 Comm Sub / Analysis

Filed 02/17/2023

                      	HB 2223 
Initials PRB 	Page 1 	Caucus & COW 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
House: COM DPA 9-0-0-1 
 
HB 2223: liquor; licensing; processes; procedures 
Sponsor: Representative Gress, LD 4 
Caucus & COW 
Overview 
Establishes a Microbrewery Festival License and makes various changes to liquor statutes. 
History 
DLLC regulates the manufacture, distribution and sale of liquor in this state through the issuance 
of 21 different licenses. DLLC is primarily responsible for: 1) licensing all liquor manufactures, 
suppliers and wholesalers and retailers doing business in the state; 2) enforcing liquor laws by 
investigating complaints, conducting investigations and performing audits of select licensed 
establishments; and 3) imposing sanctions for violations of state liquor laws (Title 4, A.R.S.). 
Provisions 
Microbrewery Festival License 
1. Allows the Director of DLLC (Director) to temporarily issue a microbrewery festival license that 
allows:  
a) The sampling of microbrewery products on the festival premises; and 
b) The sale of products for consumption on and off the festival premises. (Sec. 4)  
 
2. Provides approval requirements by a county's board of supervisors or by a municipal 
governing body. (Sec. 4) 
3. Requires a license denial to be forwarded to the Director within 60 days of submission of an 
application, unless the applicant has requested additional time for consideration. (Sec. 4) 
4. Specifies the local government approval process does not apply to physical locations that are 
fully located within a licensed premises. (Sec. 4) 
5. Limits the time a microbrewery festival license may be issued to a maximum of 150 days. 
6. Permits the Director to establish a fee for each day of each event for a microbrewery festival 
license. (Sec. 4) 
7. Allows any microbrewery to apply for a microbrewery festival license. (Sec. 4)  
8. Allows a representative of the licensed microbrewery to consume small amounts of the 
product for quality control purposes. (Sec. 4)  
9. Permits the Director to, with permission of the state fair organizers or county fair organizers, 
issue a microbrewery fair license and establish a fee for each day for a fair license. (Sec. 4)  
10. Permits a microbrewery to allow the sampling and sale of products for consumption on and 
off the fair premises. (Sec. 4)  
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	HB 2223 
Initials PRB 	Page 2 	Caucus & COW 
11. Exempts microbrewery festival licenses from statutory requirements relating to spirituous 
liquor licensure. (Sec. 4)  
12. Excludes a microbrewery festival license or microbrewery fair license from statute relating to 
restrictions on licensing premises near school buildings. (Sec. 5)  
Miscellaneous 
13. Stipulates the Director may extend the time limits for action by a local governing body, 
regarding licensure, transfer or acquisition of control, if determined that it is in the public's best 
interest. (Sec. 2) 
14. Specifies the Director or the applicant must agree to grant a local governing body's request 
for an extension of the time limit. (Sec. 2) 
15. Removes the minimum 60-day time frame for an applicant to send a copy of the extension of 
premises application to the local governing body. (Sec. 6) 
16. Permits the Director to act on an application for an extension of premises before the expiration 
of the 60-day period if the local governing body has made an advisory recommendation. (Sec. 
6)  
17. Includes a valid unexpired consular identification card that was issued using biometric identity 
verification techniques as an acceptable type of identification to purchase liquor. (Sec. 7) 
18. Increase the total market value of promotional items that may be furnished without cost to an 
on-sale retailer from $500 to $700. (Sec. 8) 
19. Excludes refrigerators from being considered as a promotional item. (Sec. 8) 
20. Permits a representative of a licensed craft producer to consume small amounts and serve 
products of craft producer on the premises of an off-sale retailer or a retailer with off-sale 
privileges. (Sec. 9) 
21. Defines craft producer as a licensed farm winery, a licensed microbrewery or a licensed craft 
distiller. (Sec. 1)  
22. Changes the tax payment due date for a farm winery, manufacturer, microbrewery, craft 
distiller or direct shipment licensee from monthly to annually or on or before the twentieth day 
of the first month of the year. (Sec. 10) 
23. Changes the sworn return due date for a farm winery, manufacturer, microbrewery, craft 
distiller or direct shipment licensee from monthly to annually. (Sec. 10) 
24. Applies the changes to the tax payment due date beginning January 1, 2024. (Sec. 11) 
25. Makes technical changes. (Sec. 1, 2, 3, 7, 10)  
Amendments 
Committee on Commerce  
1. Removes language relating to extending time limits for a local governing body to act regarding 
licensure. 
2. Includes a requirement for a licensee that delivers liquor to complete a specified written record 
of each delivery and requires such licensee to obtain specified information from the person 
who accepts the delivery.