Assigned to JUD                                                                                                  FOR CAUCUS & FLOOR ACTION

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

AMENDED

FACT SHEET FOR H.B. 2621

illegal liquor sales; liability

Purpose

            Establishes that liquor licensees cannot be charged with knowledge of a customer’s previous alcohol consumption unless, the customer is obviously intoxicated.

Background

            Statute provides that if a business owner sold alcohol to a person who was obviously intoxicated or to a person who was under the age of 21 without asking for proof of the person’s age, the person consumed the alcohol and the consumption of the alcohol was the proximate cause (primary cause) of an injury, death or property damage, then the licensee is liable for the property damage, personal injuries or is liable to a person who may bring an action for wrongful death.  These types of laws are often referred to as “dram shop liability laws.”  Forty states have dram shop liability laws (The Marin Institute).

            There is no anticipated fiscal impact associated with this legislation.

Provisions

1. Prohibits a liquor licensee from being charged with knowing that a person has become intoxicated at other locations unless the person was obviously intoxicated.

2. Makes technical and conforming changes.

3. Becomes effective on the general effective date.

Amendment Adopted by Committee

· Removes the provisions regarding negligence per se and the requirement that the finder of fact consider all circumstances in determining negligence.

House Action Senate Action

COM               2/1/06     DP    6-1-0-2                        JUD                 3/20/06     DPA     7-0-1-0

3rd Read         3/2/06              41-15-4-0

Prepared by Senate Research

March 27, 2006

JE/ac