Section R19-1-702. Determining Whether to Grant a License for a Certain Location

A.      To determine whether public convenience requires and the best interest of the community will be substantially served by issuing or transferring a license at a particular unlicensed loca- tion, local governing authorities and the Board may consider the following criteria:

1.        Petitions and testimony from individuals who favor or oppose issuance of a license and who reside in, own, or lease property within one mile of the proposed premises;

2.        Number and types of licenses within one mile of the pro- posed premises;

3.        Evidence that all necessary licenses and permits for which the applicant is eligible at the time of application have been obtained from the state and all other governing bodies;

4.        Residential and commercial population of the community and its likelihood of increasing, decreasing, or remaining static;

5.        Residential and commercial population density within one mile of the proposed premises;

6.        Evidence concerning the nature of the proposed business, its potential market, and its likely customers;

7.        Effect on vehicular traffic within one mile of the pro- posed premises;

8.        Compatibility of the proposed business with other activ- ity within one mile of the proposed premises;

9.        Effect or impact on the activities of businesses or the res- idential neighborhood that might be affected by granting a license at the proposed premises;

10.     History for the past five years of liquor violations and reported criminal activity at the proposed premises pro- vided that the applicant received a detailed report of the violations and criminal activity at least 20 days before the hearing by the Board;

11.     Comparison of the hours of operation at the proposed premises to the hours of operation of existing businesses within one mile of the proposed premises; and

12.     Proximity of the proposed premises to licensed childcare facilities as defined by A.R.S. § 36-881.

B.       This Section is authorized by A.R.S. § 4-201(I).

Historical Note

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

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