ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	House: COM DP 10-0-0-0 | 3^rd Read 56-2-2-0 Senate: COM DP 7-0-2-0 | 3^rd Read 25-2-3-0

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HB 2844: wineries; microbreweries; distilled spirits

Sponsor:  Representative Weninger, LD 17

Transmitted to the Governor

Overview

Modifies treatment of beer and spirituous liquor under health rules and other laws.

History

The Department of Liquor Licenses and Control issues licenses to microbreweries, farm wineries and craft distillers. A licensee may not generally allow spirituous liquor to be removed from the licensed premises, but there is an exception for bars, liquor stores, microbreweries and permitted restaurants if they sell up to one gallon of beer and do not dispense it through a drive-through or walk-up service window (A.R.S. § 4-244).

The Department of Health Services (DHS) issues rules that require reasonably necessary standards for food and drink for human consumption. These standards govern sanitary production facilities, warehouses and restaurants, as well as trucks or other vehicles involved in the transportation of food and drink. Some food and drink is statutorily exempted from these DHS rules (A.R.S. § 36-136).

Provisions

1. Includes in the definition of beer: 1) beverages obtained by the alcoholic fermentation of rice, bran, grain, glucose, sugar or molasses, including certain adjuncts in fermentation; and 2) beer aged in a wooden barrel previously used to contain wine or distilled spirits. (Sec. 1, 4)

2. Allows a licensed bar, beer and wine bar, liquor store, beer and wine store, microbrewery or permitted restaurant to dispense beer through a drive-through or walk-up service window. (Sec. 2)

3. Exempts, from DHS rules governing production, processing, labeling, storing, handling, serving, transportation and inspection, spirituous liquor produced on the premises licensed by the Department of Liquor Licenses and Control (DLLC).

a) Specifies the exemption includes:

i. The area in which production of spirituous liquor occurs, as defined by in an active basic permit; and

ii. The area licensed by DLLC as a microbrewery, farm winery or craft distiller that is open to the public and serves spirituous liquor and commercially prepackaged food, crackers or pretzels for consumption on the premises.

Ø Prohibits the common use of any cup or glass. (Sec. 3)

4. Exempts spirituous liquor and commercially prepackaged food, crackers or pretzels from DHS food safety regulation and inspection until DHS adopts such exemptions in rule. (Sec. 3)

5. Makes technical and conforming changes. (Sec. 1-4)

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9.                   HB 2844

10. Initials PRB/AF     Page 0 Transmitted

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