House of Representatives

HB 2436

liquor licenses; fees; seizures

Sponsors: Representatives Blendu, Poelstra

DPA	Committee on Commerce and Economic Development
DP	Committee on Appropriations
X	Caucus and COW
	Third Read	This bill as introduced contains a PROP 108 clause.
	As Passed the House

HB 2436 increases the surcharge imposed on licensees, repeals obsolete language, and enables the Department of Liquor Licenses and Control to further enforce the statutes regulating unlicensed business establishments.

Current Status

HB 2436 was amended in the Commerce and Economic Development Committee:

The amendment contains conforming language relative to the surcharge. HB 2436 passed the Appropriations Committee unamended. The Committee of the Whole adopted the CED Committee amendment.

History

The Arizona Department of Liquor Licenses and Control is responsible for regulating, monitoring, investigating and enforcing the liquor laws pursuant to Title 4 of the Arizona Revised Statutes. All businesses that produce, distribute or sell spirituous liquor are required to hold a liquor license. Current law authorizes a surcharge for each license that is issued annually. The surcharge monies must be used to audit restaurant licensees, investigate licensees with multiple complaints, and respond to complaints by neighborhood associations, civic groups, and municipal and county governments. To that end, the Department employs auditors and investigators.

HB 2436 increases the surcharge, repeals obsolete language, and allows the Department to seize monies, alcohol, records and property of unlicensed businesses.

Provisions

· Increases the surcharges that licensees pay annually by $10 each.

· Repeals obsolete language relating to regional entertainment facilities.

· Authorizes the seizure of any monies, records and alcohol by any Peace Officer who has probable cause to believe there is a violation of the unlicensed business statutes.

· Outlines the property that shall be forfeited when there is a violation of the pertinent laws.

· Prescribes that the violation by a person who obtains or holds the aforementioned property, is considered to be an involuntary trustee of that property, and thus the Department may proceed under the racketeering statutes [A.R.S 13-2314].

· Contains a Proposition 108 clause.

Amendments

· Conforms the language relating to the surcharges.

· The Committee of the Whole adopted the CED Committee amendment.

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· 45th Legislature

· Second Regular Session 2 April 9, 2002

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