Arizona S.B. 1363 - Carrying a firearm in a "bar"

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.