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 func- tion 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 avail- able from the Department and on its web site;

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

3.        Ensures that:

Department of Liquor Licenses and Control

a.         Possession or consumption of spirituous liquor on the business premises is permitted only as an inci- dental 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 busi- ness establishment, business premises, or association hosting a private social function does not exceed the fol- lowing maximum:

i.         Small restaurant: 50; and

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

e.         The owner, manager, comptroller, controlling person, and any employee of the small restaurant or business estab- lishment, business premises, or association hosting a pri- vate 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 asso- ciation 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.

Historical Note

New Section made by final rulemaking at 20 A.A.R.

1207, effective July 6, 2014 (Supp. 14-2).