House of Representatives

HB 2621

illegal liquor sales; liability

Sponsors: Representatives Reagan, McComish, Meza, Paton et al

DP	Committee on Commerce
DPA	Caucus and COW
X	As Engrossed and As Passed the House

Addresses issues involving the illegal sale of liquor and the associated liability. 

History

The provisions of current law make an individual who is licensed by the Arizona Department of Liquor Licenses and Control liable for a person’s property damage and personal injuries for wrongful death if a court or jury finds all of the following:

- The liquor licensee sold spirituous liquor to either an obviously intoxicated person, an underage person (if the licensee failed to check proper I.D), or the licensee had knowledge the person was a minor.

- The buyer consumed the spirituous liquor and the consumption was a proximate cause of the injury, death or property damage.

Title 4, Section 311, Arizona Revised Statutes prescribes the conditions for a rebuttable presumption that the underage person consumed the liquor sold by the licensee and defines obviously intoxicated. 

Provisions

For cases involving a licensee who sells spirituous liquor to an underage or intoxicated person:

· Asserts that a liquor licensee cannot be charged with knowledge of previous acts when a person becomes intoxicated at locations that are unknown to the licensee. 

· Directs the finder of fact to consider all circumstances when determining negligence, and not just the conduct of the licensee.

Amendment

Committee of the Whole

· Adopted a Rules Committee amendment that specifies the licensee cannot be charged with knowledge of previous acts when a person becomes intoxicated at other locations unless the person was obviously intoxicated.

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· Forty-seventh Legislature             Analyst Initials _______

· Second Regular Session                March 7, 2006

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