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------------------------------------------------------------------------------------------ ¦ REFERENCE TITLE: child care centers; liquor stores ¦ ------------------------------------------------------------------------------------------ ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-fifth Legislature ¦ ¦ Second Regular Session ¦ ¦ 2002 ¦ ¦ ¦ ------------------------------------------------------------------------------------------ ¦ HB 2260 ¦ ------------------------------------------------------------------------------------------ ¦ Introduced by ¦ ¦ Representatives Johnson: Anderson, Brimhall, Cooley, Farnsworth, Flake, Gray, Hanson, ¦ ¦ Hershberger, Marsh, Nelson, Pearce, Pierce, Senators Jarrett, Petersen ¦ ------------------------------------------------------------------------------------------
AN ACT
AMENDING SECTION 4-207, ARIZONA REVISED STATUTES; RELATING TO SPIRITUOUS LIQUORS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 4-207, Arizona Revised Statutes, is amended to read:
4-207. Restrictions on licensing premises near school or church buildings; definition
A. A retailer's license shall not be issued for any premises which are, at the time the license application is received by the director, within three hundred horizontal feet of a church, within three hundred horizontal feet of a public or private school building with kindergarten programs or any of grades one through twelve, WITHIN THREE HUNDRED HORIZONTAL FEET OF A CHILD CARE CENTER OR PRESCHOOL or within three hundred horizontal feet of a fenced recreational area adjacent to such school building. This section does not prohibit the renewal of a valid license issued pursuant to this title if, on the date that the original application for the license is filed, the premises were not within three hundred horizontal feet of a church, within three hundred horizontal feet of a public or private school building with kindergarten programs or any of grades one through twelve, WITHIN THREE HUNDRED HORIZONTAL FEET OF A CHILD CARE CENTER OR PRESCHOOL or within three hundred horizontal feet of a fenced recreational area adjacent to such school building.
B. Subsection A of this section does not apply to a:
1. Restaurant issued a license pursuant to section 4-205.02.
2. Special event license issued pursuant to section 4-203.02.
3. Hotel-motel issued a license pursuant to section 4-205.01.
4. Government license issued pursuant to section 4-205.03.
5. Fenced playing area of a golf course issued a license pursuant to this article.
C. Notwithstanding subsection A of this section:
1. A spirituous liquor license which is validly issued and which is, on the date an application for a transfer is filed, within three hundred horizontal feet of a church, within three hundred horizontal feet of a public or private school building with kindergarten programs or any of grades one through twelve, WITHIN THREE HUNDRED HORIZONTAL FEET OF A CHILD CARE CENTER OR PRESCHOOL or within three hundred horizontal feet of a fenced recreational area adjacent to such school building may be transferred person to person pursuant to sections 4-201, 4-202 and 4-203 and remains in full force until the license is terminated in any manner, unless renewed pursuant to section 4-209, subsection A.
2. A person may be issued a spirituous liquor license pursuant to sections 4-201, 4-202 and 4-203 of the same class for premises which have a nontransferable spirituous liquor license validly issued if the premises are, on the date an application for such license is filed, within three hundred horizontal feet of a church, within three hundred horizontal feet of a public or private school building with kindergarten programs or any of grades one through twelve, WITHIN THREE HUNDRED FEET OF A CHILD CARE CENTER OR PRESCHOOL or within three hundred horizontal feet of a fenced recreational area adjacent to such school building and the license remains in full force until the license is terminated in any manner, unless renewed pursuant to section 4-209, subsection A.
3. A person may be issued a liquor store license pursuant to sections 4-201, 4-202, 4-203 and 4-206.01 for premises which have a beer and wine store license validly issued if the premises, on the date an application for such license is filed, are within three hundred horizontal feet of a church, within three hundred horizontal feet of a public or private school building with kindergarten programs or any of grades one through twelve, WITHIN THREE HUNDRED FEET OF A CHILD CARE CENTER OR PRESCHOOL or within three hundred horizontal feet of a fenced recreational area adjacent to such school building and the license remains in full force until the license is terminated in any manner, unless renewed pursuant to section 4-209, subsection A.
D. For the purposes of this section "church" means a building which is erected or converted for use as a church, where services are regularly convened, which is used primarily for religious worship and schooling and which a reasonable person would conclude is a church by reason of design, signs or architectural or other features.