Section R19-1-401. Notice of License Surrender or Application With- drawal

A.      A licensee that intends to surrender a license that is not a quota license or an applicant that intends to withdraw an application shall submit to the Department a file deactivation form pre- scribed by the Department.

B.       The Department shall deem a license surrendered if all of the following apply:

1.        The licensed premises are vacant during normal operating hours for at least 30 consecutive days;

2.        The licensee fails to notify the Department of the licensee's intention to suspend the business authorized by the license, as required under A.R.S. § 4-203;

3.        The Department is unable to contact the licensee using information available in the Department's records; and

4.        The individual who informs the Department that the licensee has abandoned the license submits to the Depart- ment:

a.         The license, if available; and

b.        A signed and notarized statement indicating that to the best of the individual's knowledge, the licensed premises have been vacant during normal operating hours for at least 30 consecutive days and the licensee has abandoned the license and licensed premises.

C.      The Department shall deny surrender of a license if the Department determines that:

1.        It has notice that the licensee is delinquent in paying taxes to the state or a political subdivision,

2.        A complaint is pending against the licensee alleging vio- lation of A.R.S. Title 4 or this Chapter,

3.        Ownership of the license is contested,

4.        Civil proceedings involving the license are pending before any court, or

5.        A hearing is pending before the Board.

D.      This Section is authorized by A.R.S. §§ 4-203, 4-203.01, 4-

205.02 and 4-210(I).

Historical Note

New Section made by final rulemaking at 19 A.A.R.

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