ARIZONA STATE SENATE
Forty-ninth Legislature, First Regular Session
FACT SHEET FOR H.B. 2302
liquor licenses; distance restriction; waiver
(NOW: distance restriction; liquor license)
Purpose
Allows a bar or beer and wine bar to locate within 100 feet of a school, church or playground if the business locates in a central business district.
Laws 1935, Chapter 46, provided that a retail restaurant license where spirituous liquor is sold could not be issued for any business within 300 horizontal feet of a public or parochial school, except with special permission of the State Tax Commission, which was the enforcement agency at the time. Laws 1951, Chapter 60, added the same distance restriction from a church building where regular services are held.
A.R.S. § 4-207 outlines the current restrictions for licensing premises near a school (public or private) or church, which is still 300 horizontal feet from a church, school (kindergarten through 12th grade) or playground adjacent to a school. The limitations apply for all new liquor license applications received by the Director of the Arizona Department of Liquor Licenses and Control (DLLC). However, statute authorizes existing licensees located within the restricted area to renew their licenses. There are several license exceptions to the 300-feet limit, including: restaurants, special events, hotels and motels, government-issued licenses and fenced playing areas of golf courses.
H.B. 2302 permits a bar or beer and wine bar license to be issued to an establishment located within 100 horizontal feet of a school (public or private), church or associated fenced playground under limited circumstances.
There is no anticipated fiscal impact to the state General Fund.
1. Permits a licensed bar or beer and wine bar in a central business district (CBD) to locate within 100 feet of a school (public or private), adjacent fenced playground or church.
2. Requires the CBD to be identified by the city or town and adopted by resolution for increased intensity of uses or mixed use developments.
3. Requires the local governing body to hold a public hearing on the proposed district before identifying the district to the Director of DLLC and to provide prior 14-day notice to any affected church or school.
4. Directs the city or town to submit the written notice of the identified CBD to the Director of DLLC, who then must approve the distance exemption.
5. Permits the city or town to change or rescind the identified district upon approval by the Director of DLLC.
6. Allows DLLC to adopt pertinent rules and regulations.
7. Appeals any Director’s decision to the State Liquor Board.
8. Prohibits any city or town from applying a different land use or building code standard to an applicant or licensee located in the CBD.
9. Prohibits a city or town from using the restrictions on licensing as justification to deny a land use permit to a church or school (public or private) in a zoning district where nonreligious assemblies, including theaters, fraternal lodges, membership organizations, dance halls or meeting halls are permitted as of right or by conditional use permit.
10. Permits a license to be transferred, provided that the transferee is qualified to be a licensee.
11. Allows a church or school (public or private) to permanently waive the distance restriction requirements in a writing to DLLC.
12. Prohibits a city or town from conditioning the issuance of a land use permit on a church or school (public or private) that waives the distance restriction.
13. Defines central business district.
14. Makes conforming changes.
15. Becomes effective on the general effective date.
House Action
COM 3/4/09 DPA/SE 6-0-0-2
3rd Read 6/15/09 44-7-9-0
Prepared by Senate Research
June 18, 2009
GK/jas