Section R19-1-105. Standards for a Non-contiguous Area of a Licensed Premises

A.      When an application is made for inclusion of a non-contiguous area in a licensed premises, the Department shall approve inclusion of the non-contiguous area only if the following standards are met:

1.        Unless application is made by a club licensee, the public convenience requires and the best interest of the commu- nity will be substantially served by approving inclusion of the non-contiguous area in the licensed premises;

2.        The non-contiguous area does not violate A.R.S. § 4-207;

3.        The non-contiguous area will be a permanent part of the licensed premises;

4.        The walkway or driveway that separates the non-contigu- ous area from the remainder of the licensed premises is no more than 30 feet wide;

5.        The non-contiguous area is completely enclosed by a per- manently installed fence that is at least three feet in height;

6.        Construction of the business premises in the non-contigu- ous area will comply with all applicable building and safety standards before spirituous liquor is sold or served in the non-contiguous area; and

7.        The licensee demonstrates control of the taking of spiritu- ous liquor between the non-contiguous area and the remainder of the licensed premises.

B.       This Section is authorized by A.R.S. § 4-101(26).

Historical Note

Former Rule 5; Former Section R4-15-05 renumbered as Section R4-15-105 without change effective October 8, 1982 (Supp. 82-5). R19-1-105 recodified from R4-15- 105 (Supp. 95-1). Amended effective June 4, 1997, under an exemption from certain provisions of the Administra- tive Procedure Act pursuant to Laws 1996, Ch. 307, § 18 (Supp. 97-2). Section renumbered to R19-1-108, new Section R19-1-105 made by final rulemaking at 19

A.A.R. 1338, effective July 6, 2013 (Supp. 13-2).

Note

Editor’s Note: The following Section was amended under an exemption from the Arizona Administrative Procedure Act (A.R.S. Title 41, Chapter 6) pursuant to Laws 1996, Ch. 307 § 18. Although exempt from certain provisions of the rulemaking pro- cess, the Department was required to provide for reasonable notice and hearing. This Section was not reviewed by the Gover- nor’s Regulatory Review Council; and the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register (Supp. 97-2).