Ariz. Admin. Code § 19-1-324

Current through Register Vol. 30, No. 44, November 1, 2024

Section R19-1-324 - Standards for Exemption of an Unlicensed Business

A.The owner of a small restaurant or business establishment, business premises, or association hosting a private social function may act under A.R.S. § 4-244.05 if the owner of the small restaurant or business establishment, business premises, or association hosting a private social function:

1. Submits a Request for Exemption form, which is available from the Department and on its web site;

2. Pays the inspection fee specified in R19-1-102(J); and

3. Ensures that:

a. Possession or consumption of spirituous liquor on the business premises is permitted only as an incidental convenience to customers;

b. Possession or consumption of spirituous liquor on the business premises is limited as follows:

i. Small restaurant: between noon and 10:00 p.m.; and

ii. Business establishment, business premises, or association hosting a private social function: between 4:00 p.m. and 2:00 a.m.

c. A customer is allowed to possess or consume no more than:

i. Forty ounces of beer,

ii. Seven hundred fifty milliliters of wine, or

iii. Four ounces of distilled spirits;

d. The occupancy limitation of the small restaurant or business establishment, business premises, or association hosting a private social function does not exceed the following maximum:

i. Small restaurant: 50; and

ii. Business establishment, business premises, or association hosting a private social function: 300; and

e. The owner, manager, comptroller, controlling person, and any employee of the small restaurant or business establishment, business premises, or association hosting a private social function complies with all applicable provisions of A.R.S. Title 4 and this Chapter.

B.As provided under A.R.S. § 4-244.05(J)(4), the Director, agent of the Director, or peace officer empowered to enforce A.R.S. Title 4 and this Chapter may visit and inspect a small restaurant, business establishment, business premises, or association operating under A.R.S. § 4-244.05 and this Section during business hours of the premises.

C.This Section is authorized by A.R.S. § 4-244.05.

Ariz. Admin. Code § R19-1-324

New section by final rulemaking at 20 A.A.R. 1207, effective 7/6/2014.