Ariz. Admin. Code § 19-1-209

Current through Register Vol. 30, No. 49, December 6, 2024

Section R19-1-209 - Licensing Time Frames

A. For the purpose of compliance with A.R.S. § 41-1073, the Department establishes time frames that apply to licenses issued by the Department. The licensing time frames consist of an administrative completeness review time frame, a substantive review time frame, and an overall time frame as defined in A.R.S. § 41-1072.

B. The Department shall not forward a liquor license application for review and consideration by local governing authorities until the application is administratively complete. A liquor license application is administratively complete when:

1. Every piece of information required by the form prescribed by the Department is provided;

2. All required materials specified on the form prescribed by the Department are attached to the form;

3. The non-refundable license application fee specified at A.R.S. § 4-209(A) is attached to the form; and

4. If required, a questionnaire and complete set of fingerprints are attached to the form from:

a. Every individual who is a controlling person of the business to be licensed,

b. Every individual who has an aggregate beneficial interest of at least 10 percent in the business to be licensed,

c. Every individual who owns at least 10 percent of the business to be licensed,

d. Every individual who holds a beneficial interest of at least 10 percent of the liabilities of the business to be licensed, and

e. The agent and managers of the business to be licensed.

C. Except as provided in subsection (D), the time frame for the Department to act on a license application is as follows:

1. Administrative completeness review time frame: 75 days;

2. Substantive review time frame: 30 days; and

3. Over-all time frame: 105 days.

D. The time frame for the Department to act on an application for a special event license, wine festival or fair license, extension or change of licensed premises, or approval of a liquor law training course is as follows:

1. Administrative completeness review time frame: 10 days;

2. Substantive review time frame: 20 days; and

3. Over-all time frame: 30 days.

E. Administrative completeness review time frame.

1. The administrative completeness review time frame begins when the Department receives an application. During the administrative completeness review-time frame, the Department shall determine whether the application is:

a. Complete,

b. Contains a technical error, or

c. Contains a non-technical error.

2. If the Department determines that an application is incomplete or contains a non-technical error, the Department shall return the application to the applicant. If the applicant wishes to be considered further for a license, the applicant shall submit to the Department a new, completed application and non-refundable application fee.

3. If the Department determines that an application contains a technical error, the Department shall notify the applicant in writing of the technical error.

4. An applicant that receives a notice regarding a technical error in an application shall correct the technical error within 30 days from the date of the notice or within the time specified by the Department. The administrative completeness review and over-all time frames are suspended from the date of the notice referenced under subsection (E)(3) until the date the technical error is corrected.

5. If an applicant fails to correct a technical error within the specified time, the Department shall close the file. An applicant whose file is closed may apply again for a license by submitting a new, completed application and non-refundable application fee.

F. Substantive review time frame.

1. The substantive review time frame begins when an application is administratively complete or at the end of the administrative completeness review time frame listed in subsection (C)(1) or (D)(1). If a hearing is required under A.R.S. § 4-201 regarding the license application, the Department shall ensure that the hearing occurs during the substantive review time frame.

2. If the Department determines during the substantive review that additional information is needed, the Department shall send the applicant a comprehensive written request for additional information. An applicant from whom additional information is requested shall supply the additional information within 30 days from the date of the request or within the time specified by the Department. Both the substantive review and over-all time frames are suspended from the date of the Department's request until the date that the Department receives the additional information.

3. If an applicant fails to submit the requested information within the specified time, the Department shall close the file. An applicant whose file is closed may apply again for a license by submitting a new, completed application and non-refundable application fee.

G. Within the overall time frame, the Department shall:

1. Deny a license to an applicant if the Department determines that the applicant does not meet all the substantive criteria required by A.R.S. Title 4 and this Chapter, or

2. Grant a license to an applicant if the Department determines that the applicant meets all the substantive criteria required by A.R.S. Title 4 and this Chapter.

H. If the Department denies a license under subsection (G)(1), the Department shall provide a written notice of denial to the applicant that explains:

1. The reason for the denial, with citations to supporting statutes or rules;

2. The applicant's right to appeal the denial; and

3. The time for appealing the denial.

I. This Section is authorized by A.R.S. §§ 41-1073, 4-201(E), and 4-202(B).

Ariz. Admin. Code § R19-1-209

Former Rule 9; Former Section R4-15-28 renumbered as Section R4-15-209 without change effective October 8, 1982 (Supp. 82-5). R19-1-209 recodified from R4-15-209 (Supp. 95-1). Amended effective September 14, 1990, under an exemption from the Administrative Procedure Act pursuant to Laws 1989, Ch. 234, § 22; filed with the Office of the Secretary of State October 25, 1996 (Supp. 96-4). Former Section R19-1-209 recodified to R19-1-232; new Section R19-1-209 recodified from R19-1-210at 8 A.A.R. 2636, effective May 30, 2002 (Supp. 02-2). Section repealed by final rulemaking at 19 A.A.R. 1355, effective July 6, 2013 (Supp. 13-2). New Section made by final rulemaking at 19 A.A.R. 1338, effective July 6, 2013 (Supp. 13-2). Amended by final expedited rulemaking at 30 A.A.R. 389, effective 2/9/2024.