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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
wineries; microbreweries; distilled spirits
Purpose
Removes the prohibition on dispensing beer in a container that is not the original package and that meets outlined requirements through a drive-through or walk-up service window. Requires the Department of Health Services (DHS) food safety regulation and inspection rules to exempt spirituous liquor produced on premises licensed by the Department of Liquor Licenses and Control (DLLC). Modifies the definition of beer.
Background
DLLC and the Director of DLLC (Director) issue various license types, or series, to regulate the production, distribution and sale of alcoholic beverages (A.R.S. § 4-203). A licensee or the licensee's employee may only allow spirituous liquor to be removed from the licensed premises in the original unbroken package except that a licensed bar, beer and wine bar, liquor store, beer and wine store, microbrewery or permitted restaurant may allow beer to be removed in a clean container composed of a material approved by a national sanitation organization with a maximum capacity of one gallon (growler) if: 1) the container is filled at the tap at the time of sale; 2) the container is sealed and displays a government warning label; and 3) the dispensing of the beer is not done through a drive-through or walk-up service window (A.R.S. §§ 4-205.02 and 4-244).
DHS is responsible for general supervision over all matters relating to sanitation and health throughout Arizona. DHS must prescribe food safety regulation and inspection rules governing the production, processing, labeling, storing, handling, serving and transportation of food and drink to ensure that all products for human consumption are free from unwholesome, poisonous or other foreign substances and filth, insects or disease-causing organisms. DHS rules include the inspection of premises and must exclude food and drink in certain circumstances (A.R.S. § 36-136).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
2. Requires DHS food safety regulation and inspection rules to exempt spirituous liquor produced on premises licensed by DLLC including:
a) the area in which spirituous liquor is produced and manufactured as defined by the active basic permit on file with the U.S. Alcohol and Tobacco Tax and Trade Bureau; and
b) the area licensed 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.
3. Prohibits a spirituous liquor producer from providing, allowing or exposing for common use any cup, glass or other receptacle used for drinking purposes.
4. Exempts the spiritous liquor and commercially prepacked food, crackers or pretzels from DHS food safety regulation and inspection rules until DHS adopts the exemptions by rule.
5. Modifies the definition of beer relating to statutes governing Alcoholic Beverages and Beer Franchises by:
a) adding rice, bran, grain, glucose, sugar or molasses to ingredients from which the beverage is fermented, infused or decocted;
b) including, as adjuncts in fermentation, honey, fruit, fruit juice, fruit concentrate, herbs, spices and other food materials; and
c) including beer aged in an empty wooden barrel that previously contained wine or distilled spirits.
6. Specifies that beer aged in a barrel that previously contained wine or distilled spirits is not considered a dilution or mixture of any other spirituous liquor.
7. Defines common use as the use of a drinking receptacle for drinking by or for more than one person without the receptacle being thoroughly cleansed and sanitized between consecutive uses by methods prescribed by or acceptable to DHS.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
House Action
COM 2/16/21 DP 10-0-0-0
3rd Read 2/24/21 56-2-2
Prepared by Senate Research
March 8, 2021
LB/MC/kja