A. The owner or management of a regional shopping center that encompasses at least four hundred thousand square feet of retail space, on behalf of retail licensees located at the shopping center, may apply to the director, on a form prescribed by the director, for an extension of premises pursuant to this section.

Terms Used In Arizona Laws 4-215

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Board: means the state liquor board. See Arizona Laws 4-101
  • Control: means the power to direct or cause the direction of the management and policies of an applicant or licensee, whether through the ownership of voting securities or a partnership interest, by agreement or otherwise. See Arizona Laws 4-101
  • Department: means the department of liquor licenses and control. See Arizona Laws 4-101
  • Director: means the director of the department of liquor licenses and control. See Arizona Laws 4-101
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Licensee: means a person who has been issued a license or an interim retail permit pursuant to this title or a special event licensee. See Arizona Laws 4-101
  • Manager: means a natural person who meets the standards required of licensees and who has authority to organize, direct, carry on, control or otherwise operate a licensed business on a temporary or full-time basis. See Arizona Laws 4-101
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • Sell: includes soliciting or receiving an order for, keeping or exposing for sale, directly or indirectly delivering for value, peddling, keeping with intent to sell and trafficking in. See Arizona Laws 4-101
  • Spirituous liquor: includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor or malt beverage, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, that produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one percent of alcohol by volume. See Arizona Laws 4-101

B. Notwithstanding the square footage of a commercial office and retail center, the manager of the commercial office and retail center, jointly with one or more licensees at the commercial office and retail center, may apply, on a form prescribed by the director, for an extension of premises pursuant to this section if all of the following apply:

1. The center is under one management company.

2. The proposed extended premises are at a central location within the commercial office and retail center with limited ingress and egress.

3. The proposed extended premises are designed in a manner that the management can provide security and oversight of the extended premises.

C. The premises extension, if issued, shall allow designated on-sale retail licensees to sell spirituous liquor and to allow patrons to consume spirituous liquor throughout a designated pedestrian area of the regional shopping center or commercial office and retail center.

D. At least sixty days before submitting the application to the director, the regional shopping center or commercial office and retail center shall submit a copy of the application to the local governing body for review. The local governing body has sixty days after the regional shopping center or commercial office and retail center submits the application to the local governing body to review the application and provide advisory recommendations to the director. The director may not accept an application before the local governing body review period has elapsed or the local governing body makes its advisory recommendations, whichever is sooner.

E. The application shall include the requirement that the regional shopping center or commercial office and retail center provide plans or diagrams designating the specific extension of premises requested within the regional shopping center or commercial office and retail center. The plan shall delineate the physical arrangement of the extended premises, including showing the locations of ingress to and egress from the extended premises and other features of the extended premises as the director may require.

F. The extended premises authorized by the department may include only areas limited to pedestrian traffic and may not include or be bisected by a public or private roadway unless the private roadway is blocked to vehicular traffic or is immediately adjacent to a public or private roadway. To delineate the extended premises and to control spirituous liquor service in the extended premises, the plan may use physical barriers, signage, electronic surveillance, security guards, cordons or a combination of these barriers and strategies.

G. The application shall include a provision that the regional shopping center or commercial office and retail center designate the times of spirituous liquor service on the extended premises. The regional shopping center or commercial office and retail center may file with the director a request to modify the designated times of spirituous liquor service, and the director, for good cause shown, may modify the designated times of spirituous liquor service.

H. Retail licensees that are subject to an extension of premises are responsible for compliance with this title on the extended premises.

I. An extension of premises is subject to the following:

1. The department may charge a fee in an amount prescribed by the director for reviewing and processing an application submitted pursuant to this section.

2. The director may set day and time limits on using the extended premises and establish security requirements as a condition of approval.

3. The extended premises under this section may not overlap the licensed premises of any other licensee under this title that is not subject to the extension of premises.

4. The regional shopping center, the manager of the commercial office and retail center and on-sale retail licensees may not alter the physical arrangement of the extended premises to use additional or different space, locations of ingress or egress or accommodations without first complying with the process provided in subsection A or B of this section.

5. Notwithstanding any other law, the director may cancel or suspend an on-sale retail licensee’s approval to extend its premises under this section for good cause at any time. The regional shopping center, the manager of the commercial office and retail center or the licensee may appeal an order to cancel or suspend the approval in accordance with the administrative appeal provisions provided in this title.

6. An extension of premises issued pursuant to this section is not transferable.

J. For the purposes of this section, "local governing body" means the county board of supervisors if the regional shopping center or commercial office and retail center is located in an unincorporated area or the governing body of the city or town if the regional shopping center or commercial office and retail center is located in a city or town.

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