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Current as of January 01, 2025 | Updated by Findlaw Staff
A. A retailer's license shall not be issued for any premises that are, at the time the license application is received by the director, within three hundred horizontal feet of a public or private school building with kindergarten programs or any of grades one through twelve 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 public or private school building with kindergarten programs or any of grades one through twelve 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 § 4-205.02, subject to the limitations in § 4-205.02, subsection H for a permit allowing for the sale of beer for consumption off of the licensed premises pursuant to § 4-244, paragraph 32, subdivision (c).
2. Special event license issued pursuant to § 4-203.02.
3. Hotel-motel issued a license pursuant to § 4-205.01.
4. Government license issued pursuant to § 4-205.03.
5. Playing area of a golf course issued a license pursuant to this article.
6. Beer and wine license at a nonprofit performing arts theatre with a permanent seating capacity of at least two hundred fifty persons.
7. Craft distillery festival license issued pursuant to § 4-205.11.
8. Farm winery festival license issued pursuant to § 4-203.03.
9. Microbrewery festival license or microbrewery fair license issued pursuant to § 4-205.14.
C. Notwithstanding subsection A of this section:
1. A transferable spirituous liquor license that is validly issued and that is, on the date an application for a transfer is filed, within three hundred horizontal feet of a public or private school building with kindergarten programs or any of grades one through twelve or within three hundred horizontal feet of a fenced recreational area adjacent to such school building may be transferred person to person pursuant to §§ 4-201, 4-202 and 4-203 and remains in full force until the license is terminated in any manner, unless renewed pursuant to § 4-209, subsection A.
2. A person may be issued a spirituous liquor license pursuant to §§ 4-201, 4-202 and 4-203 of the same class for premises that, on the date the application is filed, have a valid transferable or nontransferable license of the same series if the premises are, on the date an application for the license is filed, within three hundred horizontal feet of a public or private school building with kindergarten programs or any of grades one through twelve 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 § 4-209, subsection A.
3. A person may be issued a liquor store license pursuant to §§ 4-201, 4-202, 4-203 and 4-206.01 for premises that 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 public or private school building with kindergarten programs or any of grades one through twelve 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 § 4-209, subsection A.
4. The governing body of a city or town, on a case-by-case basis, may approve an exemption from the distance restrictions prescribed in this section for a public or private school that is located in an area that is designated an entertainment district by the governing body of that city or town. A city or town with a population of at least five hundred thousand persons may designate not more than three entertainment districts within the boundaries of the city or town pursuant to this paragraph. A city or town with a population of at least two hundred thousand persons but less than five hundred thousand persons may designate not more than two entertainment districts within the boundaries of the city or town pursuant to this paragraph. A city or town with a population of less than two hundred thousand persons may designate not more than one entertainment district within the boundaries of the city or town pursuant to this paragraph.
5. A person may be issued a beer and wine store license pursuant to §§ 4-201, 4-202, 4-203 and 4-206.01 for premises that have a liquor store license validly issued if the premises, on the date of an application for which the license is filed, are within three hundred horizontal feet of a public or private school building with kindergarten programs or any of grades one through twelve or within three hundred horizontal feet of a fenced recreation 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 § 4-209, subsection A.
D. For the purposes of this section, “entertainment district” means a specific contiguous area that is designated an entertainment district by a resolution adopted by the governing body of a city or town, that consists of not more than one square mile, that is not less than one-eighth of a mile in width and that contains a significant number of entertainment, artistic and cultural venues, including music halls, concert facilities, theaters, arenas, stadiums, museums, studios, galleries, restaurants, bars and other related facilities.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 4. Alcoholic Beverages § 4-207. Restrictions on licensing premises near school buildings; definition - last updated January 01, 2025 | https://codes.findlaw.com/az/title-4-alcoholic-beverages/az-rev-st-sect-4-207/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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