SB1012

THE CONTEXT: 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 ).

WHAT THE BILL DID: The final vetoed version would mandate 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, authorize 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, and mandate 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.

WHY IT MATTERED: The practical reason for this bill was to turn the Legislature's standard for concealed weapons into an enforceable rule. It would mandate 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, and would also authorize 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, rather than leave the current rule unchanged.