Chapter
4
ALCOHOLIC
BEVERAGES[1]
Sec. 4-1. Definitions.
For the purposes of this chapter,
unless the context otherwise requires, all words and phrases shall have the
same meaning attributed to them as is provided in Arizona Revised Statutes, §
4-101 et seq.
(Code
1967, § 4-1)
Sec. 4-2. License
required.
No person shall manufacture, sell or
deal in spirituous liquors within the city without first obtaining and properly
maintaining in force a liquor license issued by the state under the procedures
specified by state law and/or state regulation promulgated under state law.
(Code
1967, § 4-2)
Sec.
4-3.
City liquor license—Application procedure.
(a) Under
the provisions of Arizona Revised Statutes, § 4-201, the city is required to
post the premises for any proposed original liquor license or transfer of a
liquor license at any location in the city, and the city council is required to
recommend to the state liquor board approval or disapproval of the issuance of
such state license. To satisfy these requirements, the following procedures are
hereby established:
(1) When copies of state applications or
applicant's questionnaires are received by the city clerk or by the financial
services department, acting as designated agent of the city clerk, the
applicant shall be promptly notified of required city procedures and fees;
(2) The applicant shall complete and return to
the city a liquor license application form to provide such information as may
be deemed necessary by the city clerk to help various departments and agencies
provide appropriate information or recommendations on the matter to the city
council. Each application shall bear the
notarized signature of the applicant or his agent authorized under state law.
At the time the city application is submitted, a nonrefundable application fee
shall also be paid (see Appendix A).
Arrangements shall be made to post the premises for twenty (20) days as
required by state law;
(3) The applicants and agents, in addition to
state law requirements, shall submit a full set of fingerprints to the Tempe
police department for the purpose of obtaining a state or federal, or both,
criminal records check pursuant to A.R.S. § 41-1750 and Public Law (PL)
92-544. The Department of Public Safety
is
authorized to exchange this fingerprint data with the Federal Bureau of
Investigation. Fingerprints must be
submitted on fingerprint cards provided by the financial services manager or
designee;
(4) The financial services department, as
designated agent of the city clerk, shall submit recommendation requests to the
police department, fire marshal, development services department, county health
services department and/or to any other agency which might provide pertinent
information to the city council. If
there are apparent violations of the zoning code, building code, fire code, or
health code, the applicant shall be expected to take corrective action and to
call the appropriate agency for reinspection of the premises. When all recommendation sheets have been
returned to the financial services department, and when it is determined that
neither the applicant nor his immediate predecessor in the establishment is
delinquent in reporting and/or paying any required city tax or fee, the matter
of the liquor license application shall be submitted to the city council for
action at a subsequent council meeting;
(5) After a public hearing the city council
shall recommend to the state liquor board approval or disapproval of the
proposed liquor license based on whether such issuance will best serve the
public interest and convenience of the city.
In making such determination the council may consider all factors deemed
by it to be relevant; and
(6) The city clerk shall promptly send to the
state liquor board certification of approval or disapproval by the city
council, together with any petitions or letters submitted to the city clerk during
the twenty (20) day posting period.
(b) No
person shall fail or refuse to file a city liquor license application or fail
or refuse to comply with other procedural requirements as specified in
subsection (a) of this section within fifteen (15) days after a notice or
letter requesting compliance is sent to the establishment or to the mailing
address shown on state application forms by ordinary mail.
(Code
1967, §§ 4-3, 4-9; Ord. No. 90.24, 7-12-90; Ord. No. 97.20, 4-10-97; Ord. No.
2001.17, 7-26-01; Ord. No. 2002.23, 8-1-02)
Sec. 4-4. Same—Tax; issuance fee; penalty for late payment.
(a) Whenever
the state issues a liquor license for a location within the city, such licensee
shall be subject to, and shall pay, a first-year issuance fee of two hundred
dollars ($200), together with the city liquor license tax as hereinafter
provided. The city liquor license tax
shall continue to be applicable, whether or not the liquor license is in active
use, until the department of liquor licenses and control has cancelled such
liquor license for the stated location. In the case of a pending transfer of a
license, or the operation of a restaurant or hotel-motel liquor license under an
interim permit issued by the state, the applicant shall maintain payment of the
city license tax when due during the period prior to the actual issuance of a
new liquor license by the state.
(b) The
tax shall be imposed on an annual basis, and shall be due and payable in full
on or before the first day of January each year.
(c) The
city liquor license tax for each continuing license and for each new license
issued on or prior to June 30 in any calendar year for each license series
issued by the state shall be imposed in accordance with the tax schedule shown
in Appendix A. If any establishment
maintains more than one series of liquor license for the establishment, a
separate city liquor license tax shall be imposed for each series of state
liquor license maintained.
(d) For
any new state liquor license issued by the state on or after July 1 of any
calendar year, the liquor license tax shown in Appendix A shall be imposed.
(e) For
any new state liquor license issued by the state, the tax imposed by this
chapter shall be submitted at the time of making city application and refunded
if the state liquor license is not issued.
(f) Any
person subject to tax under this chapter who fails to pay the first-year
issuance fee and/or city liquor license tax when same becomes due shall be
subject to and shall pay a penalty of one hundred dollars ($100) or fifteen
percent (15%) of the past due amount, whichever is greater, plus one percent
interest per month of taxes and/or fees due.
(g) The
first-year issuance fee shall be submitted at the time of making city
application and refunded if the state liquor license is not issued.
(h) No
person shall fail or refuse to pay a delinquent city liquor license tax within
fifteen (15) days after a compliance request is mailed to the establishment or
to the last known mailing address of the license holder by ordinary mail.
(i) No
person shall fail or refuse to pay any penalty assessed for late payment within
fifteen (15) days after notice of such penalty charge is mailed to the
establishment or to the last known mailing address of the license holder by
ordinary mail.
(Code
1967, §§ 4-4, 4-9(a), (b); Ord. No. 90.24, 7-12-90)
Sec.
4-5. Tax rate schedules.
The city's liquor license tax for each
license established by the State of
(Ord.
No. 391.3, § I,
State law reference—Authority of city to levy a tax on the privilege of
engaging in the business of selling spirituous liquors at retail, A.R.S. §
4-223.
Sec.
4-6. Special event
licenses.
(a) Any
person desiring a special event license, pursuant to Arizona Revised Statutes
§ 4‑203.02, shall make application to the office of financial
services not less than sixty (60) days prior to the date for which such special
event license is sought.
(b) Application
shall be made upon forms prescribed by the financial services manager, which
shall provide sufficient information to enable the city council to determine
the applicant's qualifications for such license as provided for in state law.
Each such application shall contain a notarized signature of the applicant and
shall be accompanied by a nonrefundable application fee (see Appendix A).
(c) The
city council shall hold a public hearing on the application and transmit to the
department of liquor licenses and control its recommendation within forty-five
(45) days of receipt of the application.
(d) Each
special event license granted by the state shall be subject to a city special
event license tax of twenty-five dollars ($25) for each day in which the
license is in effect. The special event license tax shall be submitted at the
time of making application and is refundable if the state license is not
issued.
(Code
1967, § 4-10; Ord. No. 2001.17, 7-26-01)
Sec.
4-7. Compliance with other city laws
required.
Issuance of a liquor license by the
state department of liquor licenses and control shall not exempt the license
holder from complying with all city laws, including but not limited to tax
laws, licensing laws, zoning code, building code and fire code. If any or all
of such laws are deliberately violated by the liquor license holder, the city
or any of its departments may petition the department of liquor licenses and
control to request cancellation of such liquor license.
(Code
1967, § 4-7)
Sec.
4-8. Right of entry of
enforcement officials.
(a) Any
member of the police force of the city, or any other officer or official of the
city, shall have the right to enter for inspection purposes during normal
business hours any establishment in the city for which a liquor license has
been issued by the state.
(b) No
person shall fail or refuse to permit a police officer of the city, or any
officer or official of the city showing appropriate city identification, to
enter the licensed establishment for inspection purposes during business hours.
(Code
1967, §§ 4-8, 4-9)
Sec.
4-9. Weapons prohibited in establishment.
(a) This
section shall be known and may be cited as the "Weapons Control Ordinance
of the city."
(b) For
the purposes of this section, the following words and phrases shall have the
meanings respectively ascribed to them in this subsection, unless the text
clearly indicates otherwise:
(1) Person
means any person except members of any law enforcement unit, private police
employed by the licensee, the licensee of the premises, and employees and
agents.
(2) Weapon
includes, but is not limited to, any type of firearms or instrument capable of
projecting a missile; any type of knife, dagger, sword or other sharp
instrument used in combat; any chain, motorcycle driving chains, belts composed
of such chains, brass knuckles, sap, or other blunt instrument not manifestly
appropriate for lawful use; and any type of explosive or explosive instrument
whatsoever.
(c) It
is a misdemeanor for any person to carry any weapon, whether concealed or not,
into any place within the city limits where spirituous liquor, as defined in
Arizona Revised Statutes § 4-101(15), is sold or dispensed.
(d) No
licensee nor any employee or agent of any establishment where spirituous liquor
is sold or dispensed shall allow any person to carry onto his premises any
weapon in violation of subsection (c).
Violation of this subsection shall be a misdemeanor. Nothing in this section shall be construed to
prohibit any owner of any establishment where spirituous liquor is sold or
dispensed from keeping on his premises a weapon for the purpose of protecting
the establishment.
(e) Nothing
in this section shall be construed as limiting or otherwise altering the
requirements of any other applicable laws respecting the carrying or possession
of weapons.
(Code
1967, §§ 21-41—21-44)