|
|
ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: JUDE DPA 4-2-1-0 | Third Read 16-13-1-0-0 |
SB 1012: concealed weapons; notice; repeal
Sponsor: Senator Shamp, LD 29
Committee on Judiciary
Overview
Removes restrictions on persons carrying concealed handguns within a restaurant and prohibits the Director of the Arizona Liquor Board (Director) from suspending or revoking a restaurant's liquor license due to a person possessing a concealed handgun on the premises unless certain conditions are met.
History
Title 4 of the A.R.S. outlines rules to regulate the issuance and holding of liquor licenses and establishes the Department of Liquor Licenses and Control (Department) consisting of the state liquor board and the office of director, to enforce them. The Director is entitled to administer the Department and execute its mission by adopting rules, employing necessary personnel and providing training for and coordinating with law enforcement to regulate liquor licenses (A.R.S. §§ 4-111; 4-112).
After notice and a hearing, the Director may suspend, revoke or refuse to renew any license, registration, lease or permit for a variety of reasons, including:
1) repeated acts of violence occur on the premises;
2) the licensee is on the premises and habitually intoxicated;
3) the licensee fails to satisfactorily maintain the capability, qualifications and reliability requirements at outlined by the Department;
4) the licensee fails to take reasonable steps to protect the safety of a customer when the licensee knew or reasonably should have known of the danger to the person; or
5) the licensee fails to take reasonable steps to intervene by notifying law enforcement officials or otherwise fails to prevent or break up an act of violence occurring on the licensed premises (A.R.S. § 4-210).
Statute directs that any person who violates any provision outlined in Title 4 is guilty of a class 2 misdemeanor, unless another classification is proscribed instead (A.R.S. § 4-246).
Provisions
1. Mandates a presumption that a person in possession of a concealed handgun on the premises of a restaurant is carrying the concealed handgun legally, and that there is no requirement for the licensee to conduct additional verification. (Sec. 1, 3)
2. Authorizes a person to carry a concealed handgun on the premises of a restaurant that is licensed legally if a restaurant licensee has no other license attached to the premises, the person has a concealed weapon permit and the person does not consume any spirituous liquor. (Sec. 2, 3)
3. Mandates that the presence of a concealed handgun does not create an obligation for a restaurant licensee or employee of the licensee to take reasonable steps to intervene or to notify law enforcement if the licensee reasonably believes that the concealed handgun is being carried legally. (Sec. 1)
4. Stipulates that a licensee cannot have their license suspended or revoked as a result of a serious act of violence if the act occurred as a result of a concealed handgun, unless the licensee or an employee of such served a person spiritous liquor knowing that person had a concealed handgun. (Sec. 1)
5. Prohibits the Director from suspending or revoking a restaurant license if the basis for the action is a person carrying a concealed handgun on the premises unless the Director shows that the licensee acted with gross negligence and this negligence was the direct cause of the basis for a complaint or violation. (Sec. 1)
6. Stipulates that a restaurant is not liable for property damage or personal injuries or to a person who brings an action for wrongful death if the property damage, personal injury or wrongful death was caused by a concealed handgun that was carried on the licensed premises of an on-sale retailer unless a court or jury finds that:
a. the licensee or an employee of a licensee served spiritous liquor to a person he knew was carrying a concealed handgun; or
b. the licensee or an employee of a licensee knew the person was carrying a concealed handgun illegally and the licensee or employee of a licensee failed to notify a law enforcement agency. (Sec. 5)
7. Changes the penalty for carrying a concealed handgun in violation of the posting of notice statute from a class 2 misdemeanor to a class 3 misdemeanor.
8. Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5)
9.
10.
11. ---------- DOCUMENT FOOTER ---------
12. Initials NM/NP SB 1012
13. 3/19/2026 Page 0 Judiciary
14.
15. ---------- DOCUMENT FOOTER ---------