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ARIZONA STATE SENATE
Forty-seventh Legislature, First Regular Session

FACT SHEET FOR S.B. 1363
bar licenses; firearms; posted notice

Purpose

Allows possession of a firearm on the premises of an on-sale liquor retailer if the licensee has not posted a notice prohibiting it. Prohibits persons in possession of a firearm on the premises of an on-sale liquor retailer from consuming spirituous liquor.


Background

There are 17 types of liquor licenses issued by the Arizona Department of Liquor Licenses and Control. An “on-sale retailer” is an establishment where spirituous liquors are sold in the original container for consumption on or off the premises or in individual portions for consumption on the premises. Licenses for on-sale retailers include: bar, beer-and-wine bar, restaurant, hotel-motel, private club, government, conveyance and special event licenses.

Laws 1985, Chapter 357 prohibited the possession of a firearm or the serving, selling or furnishing of spirituous liquor to a person in possession of a firearm while on the licensed premises of an on-sale retailer. On-sale retailers or their employees are also prohibited from permitting a person in possession of a firearm to remain on the licensed premises. Peace officers, the licensee or an employee of the licensee acting with the licensee’s permission are exempt from this prohibition. A violation of this statute is a class 2 misdemeanor (A.R.S. § 4-246).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.


Provisions

1. Allows a person to be in possession of a firearm while on the licensed premises of an on-sale retailer, unless the licensee has posted a notice prohibiting the possession of firearms on a portion of or on the entire licensed premises.

2. Allows an on-sale retail licensee to prohibit the possession of a firearm on its entire licensed premises by posting a notice that:

a) is conspicuously posted at the primary public entrance to the premises in a position that assures it is likely to be read.

b) states “This premises is posted pursuant to A.R.S. Section 4-229,” with the words “A.R.S. Section 4-229” in at least 72 point type.


3. Allows an on-sale retail licensee to prohibit the possession of a firearm on a portion of its licensed premises by posting a notice that:

a) is conspicuously posted in the prohibited portion of the premises in a position that assures it is likely to be read.

b) states “This portion of the premises is posted pursuant to A.R.S. Section 4-229,” with the words “A.R.S. Section 4-229” in at least 72 point type.


4. Reduces the scope of the prohibited actions associated with possession of a firearm while on the licensed premises of an on-sale retailer, from applying to all on-sale retailers to applying only to those retailers with a posted notice. Retains the classification of violations as class 2 misdemeanors.


5. Prohibits a person in possession of a firearm while on the license premises of an on-sale retailer from consuming spirituous liquor, and classifies violations as a class 2 misdemeanor. This prohibition does not apply to a hotel or motel guest room or the exhibition or display of a firearm in conjunction with a meeting, show, class or similar event.


6. Makes numerous technical, conforming and clarifying changes.


7. Becomes effective on the general effective date.
 

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I can't wait for this bill to pass and it looks like it will. I get so tired of going to a restaurant and having to remove and lock up my gun. I usually try to sit where I can keep an eye on my car. You will still not be allowed to drink while carrying but I rarely drink in restaurants anyway. We are making some real headway in Arizona on concealed carry rights. :smile:
 

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Good deal. I hope you guys get it. We have been trying in Virginia since 1996, but haven't toppled the most powerful lobby in the state, the restaurant lobby.

-Scott-
 

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Good post Bumper..I was about to post it up.....I think this has a shot...but fearJanet will veto it....
 

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AZG23 said:
Good post Bumper..I was about to post it up.....I think this has a shot...but fearJanet will veto it....
I dunno, Janet is trying to paint herself as a moderate right now. I think she may let it go but I am sure she will "agree" to sign it if they will kiss her heinie in some way. That's the way politics are played here in Arizona and elsewhere....
 

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I doubt Napalitano will veto...for a Demo, she seems to be OK around firearms, or just realizes that AZ is guncrazy, and we is durn tootin' proud of it!
 

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Will definitely be an improvement over current constraints. In Texas, you are allowed to carry in a restaurant, grill, or other eatery where the revenue from liquor sales for consumption is below 50% of total sales....and the statute allows you to carry into a "liquor store" to purchase booze because liquor stores are prohibited from selling for "consumption on premises"...keyword in Texas is "Consumption". Good luck Arizona!
 

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Just an update, this bill was passed and the Governor did indeed veto it. I don't think that most people realized it was for people with CCW, they were not allowed to drink while carrying and that the real thing most wanted to be able to do is carry in a restaurant that also happens to serve alcohol. I am hoping that they will work on it a bit, maybe making it similar to Texas' and run it again. It seems to be all in the presentation.....
 

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Yep, the negative publicity was ferocious. We'll get it next time - last time this was proposed it didn't even make it this far!
 
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