ARS § 4-241 is the Arizona statute that makes it a crime for a bar, liquor store, or similar business to furnish or sell alcoholic beverages to a minor (or a person under the legal drinking age of twenty-one). The law also makes it a crime for a minor to purchase or drink alcohol on the premises of these same businesses.
Violations of this law are misdemeanor offenses punishable by up to six months in jail.
Examples
- someone 18 years of age using a fake driver’s license to try and buy a bottle of alcohol from a distiller.
- an employee of a microbrewery knowingly serving a beer to an underage person.
- a minor asking someone in a wine bar to buy her a glass of wine.
Defenses
People accused of a crime under this statute can challenge the accusation with a legal defense. A few common defenses include defendants showing that:
- the person buying alcohol was not a minor,
- they made an honest mistake as to a person’s age, and/or
- they properly carded a minor.
Penalties
A violation of this law is a misdemeanor offense under Arizona law (as opposed to a felony). Depending on the facts of the case, breaking this liquor law is either a Class 1 misdemeanor or a Class 3 misdemeanor.
While Class 1 misdemeanors can result in a jail term of six months, Class 3 misdemeanors can result in 1 month in jail.
In this article, our criminal defense attorneys will discuss what the law is under this statute, defenses available if charged, the penalties for a conviction, and related crimes.
ARS 4-241 makes it a crime for a bar, liquor store, or similar business to furnish or sell alcoholic beverages to a minor
1. How does Arizona law define “furnishing alcohol to a minor”?
Under ARS 4-241, it is a crime for a liquor store, bar, or similar business to sell or give spirituous liquor or alcohol to a minor. The law also makes it a crime for someone under 21 to purchase or drink alcohol at such businesses.i
Note that any business wishing to sell or provide alcohol must apply for a license with the Arizona Department of Liquor Licenses and Control. If the Department provides a license to the business, the business is referred to as a licensee, licensed premises, or a licensed establishment. A person working for such a business is known as the licensee’s employee.ii
A business not authorized by the state liquor board to engage in the provision or sale of spirituous liquor, or the delivery of spirituous liquor is an unlicensed premises.
For purposes of this section, if a licensee or an employee of a licensee suspects that someone under 21 years of age is trying to purchase or procure alcohol, attempting the order of spirituous liquor, or trying to enter a licensed establishment, then the licensee or employee must:
- demand an instrument of identification from such person,
- examine the identification to ensure it is a bona fide ID that is valid and unexpired,
- examine the person’s photograph in the ID and ensure that a reasonable person would believe it resembles the suspect, and
- determine the suspect’s age by checking the date of birth listed on the identification.iii
If, after performing the above, a licensee or employee believes a person’s age is under 21, then ARS 4-241 says it is a crime to sell or furnish alcohol to that person.
Examples of valid instruments of identification include a valid:
- driver’s license,
- state ID card, and/or
- armed forces identification card.
2. Are there defenses to ARS 4-241?
Criminal defense lawyers draw upon several legal strategies to help clients contest charges brought under this statute. A few include attorneys showing that:
- a person buying alcohol was not a minor.
- a licensee or employee made a mistake regarding a person’s age.
- an employee followed the instructions outlined in the law.
2.1 No minor
People are only guilty of a crime under this law if they sell or provide alcohol to a minor. A defense, then, is for an accused to show that the person he/she furnished alcohol to was 21 or older.
2.2 Mistake of fact
This defense asserts that while a person may have furnished or given alcohol to a minor, they did so by making an honest mistake as to the person’s age. The defense works as long as the defendant’s mistake was reasonable.
2.3 Proper ID of a minor
Recall that this law sets forth several steps that a licensee or employee must take when they believe a person under 21 is trying to buy or obtain liquor. The steps involve the licensee or employee properly checking the person’s identification. This means it is always a defense for an accused to show a law enforcement agency or a peace officer that he/she followed these steps and properly identified a customer.
A violation of this law can result in jail time and/or a fine.
3. What are the penalties?
A violation of this law is a misdemeanor offense.
It is a Class 1 misdemeanor if:
- a licensee or an employee knowingly furnishes alcohol to a minor, or
- a minor tries to buy or obtain alcohol from a licensee.iv
A Class 1 misdemeanor is punishable by:
- custody in jail (as opposed to state prison) for up to six months, and/or
- a maximum penalty of $2,500.
A person guilty of this offense may face the suspension of his/her driver’s license and the above penalties.
Note that it is a Class 3 misdemeanor for minors to ask or solicit other people to provide them with alcohol.v
A Class 3 misdemeanor is punishable by:
- a jail term of up to 1 month, and/or
- a maximum fine of $500.
4. Are there related offenses?
There are three crimes related to furnishing alcohol to a minor. These are:
- contributing to the delinquency of a minor – ARS 13-3613,
- minor in possession – ARS 4-244(9), and
- DUI – ARS 28-1381A1.
4.1 Contributing to the delinquency of a minor – ARS 13-3613
Under ARS 13-3613, contributing to the delinquency of a minor is the crime where people commit an act that tends to debase or injure the morals, health, or welfare of a child.
Depending on the facts of a case, if a person furnishes alcohol to a minor, a prosecutor can charge that person with both:
- furnishing alcohol to a minor, and
- contributing to the delinquency of a minor.
4.2 Minor in possession – ARS 4-244(9)
Per ARS 4-244(9), minor in possession is the crime where minors buy, receive, possess, or consume an alcoholic beverage.
Note that if a minor obtains alcohol in violation of ARS 4-241, and keeps the alcohol on his/her person, then he/she is technically guilty of both:
- obtaining alcohol, under ARS 4-241, and
- possessing alcohol, under ARS 2-244(9).
4.3 DUI – ARS 28-1381A1
Under ARS 28-1381A1, DUI is the offense where someone drives or is in actual physical control of a motor vehicle while under the influence of:
- alcohol,
- drugs,
- a vapor releasing substance containing a toxic substance, or
- any combination of liquor, drugs, or vapor.
As with people violating ARS 4-241, people violating this statute may face a driver’s license suspension or revocation.
Legal References:
- Arizona Revised Statutes 4-241. The full language of the statute reads as follows:
A. If a licensee, an employee of the licensee or any other person questions or has reason to question that the person ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure the serving or delivery of spirituous liquor or entering a portion of a licensed premises when the primary use is the sale or service of spirituous liquor is under the legal drinking age, the licensee, employee of the licensee or other person shall do all of the following:1. Demand identification from the person.
2. Examine the identification to determine that the identification reasonably appears to be a valid, unaltered identification that has not been defaced.
3. Examine the photograph in the identification and determine that the person reasonably appears to be the same person in the identification.
4. Determine that the date of birth in the identification indicates the person is not under the legal drinking age.
B. A licensee or an employee of the licensee who follows the procedures prescribed in subsection A of this section and who records and retains a record of the person’s identification on this particular visit, or a licensee or an employee of the licensee who uses a biometric identity verification device to verify a person is not under the legal drinking age as provided in subsection W of this section, is not in violation of subsection J of this section or section 4-244, paragraph 9 or 22. This defense applies to actions of the licensee and all employees of the licensee after the procedure prescribed in subsection A or W of this section has been employed during the particular visit to the licensed premises by the person. A licensee or an employee of the licensee is not required to demand and examine identification of a person pursuant to subsection A or W of this section if, during this visit to the licensed premises by the person, the licensee or any employee of the licensee has previously followed the procedure prescribed in subsection A or W of this section.
C. Proof that the licensee or employee followed the entire procedure prescribed in subsection A of this section but did not record and retain a record as prescribed in subsection B of this section is an affirmative defense to a criminal charge under subsection J of this section or under section 4-244, paragraph 9 or 22 or a disciplinary action under section 4-210 for a violation of subsection J of this section or section 4-244, paragraph 9 or 22. This defense applies to actions of the licensee and all employees of the licensee after the procedure has been employed during the particular visit to the licensed premises by the person.
D. A licensee or an employee who has not recorded and retained a record of the identification prescribed by subsection B of this section is presumed not to have followed any of the elements prescribed in subsection A of this section.
E. For the purposes of section 4-244, paragraph 22, a licensee or an employee who has not recorded and retained a record of the identification prescribed by subsection B of this section is presumed to know that the person entering or attempting to enter a portion of a licensed premises when the primary use is the sale or service of spirituous liquor is under the legal drinking age.
F. It is a defense to a violation of subsection A of this section if the person ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure the serving or delivery of spirituous liquor or to enter a portion of a licensed premises when the primary use is the sale or service of spirituous liquor is not under the legal drinking age.
G. A person penalized for a violation of subsection J of this section or section 4-244, paragraph 22 shall not be additionally penalized for a violation of subsection A or W of this section relating to the same event.
H. The defenses provided in this section do not apply to a licensee or an employee who has actual knowledge that the person exhibiting the identification is under the legal drinking age.
I. Any of the following types of records are acceptable forms for recording the person’s identification:
1. A writing containing the type of identification, the date of issuance of the identification, the name on the identification, the date of birth on the identification and the signature of the person.
2. An electronic file or printed document produced by a device that reads the person’s age from the identification.
3. A dated and signed photocopy of the identification.
4. A photograph of the identification.
5. A digital copy of the identification.
J. An off-sale retail licensee or employee of an off-sale retail licensee shall require an instrument of identification from any customer who appears to be under twenty-seven years of age and who is using a drive-through or other physical feature of the licensed premises that allows a customer to purchase spirituous liquor without leaving the customer’s vehicle.
K. The following written instruments are the only types of identification that are acceptable under subsection A of this section:
1. An unexpired driver license issued by this state. A driver license issued to a person who is under twenty-one years of age is no longer an acceptable type of identification under this paragraph thirty days after the person turns twenty-one years of age.
2. An unexpired driver license issued by any other state, the District of Columbia, any territory of the United States or Canada if the license includes a picture of the person and the person’s date of birth.
3. An unexpired nonoperating identification license issued pursuant to section 28-3165. An unexpired nonoperating license issued to a person who is under twenty-one years of age is no longer an acceptable type of identification under this paragraph thirty days after the person turns twenty-one years of age.
4. A form of identification license issued by any other state, the District of Columbia, any territory of the United States or Canada if the license is substantially equivalent to a nonoperating identification license issued pursuant to section 28-3165 and includes a picture of the person and the person’s date of birth.
5. An unexpired armed forces identification card that includes the person’s picture and date of birth.
6. A valid unexpired passport or a valid unexpired resident alien card that contains a photograph of the person and the person’s date of birth.
L. A person who is under the legal drinking age and who misrepresents the person’s age to any person by means of a written instrument of identification with the intent to induce a person to sell, serve, give or furnish spirituous liquor contrary to law is guilty of a class 1 misdemeanor.
M. A person who is under the legal drinking age and who solicits another person to purchase, sell, give, serve or furnish spirituous liquor contrary to law is guilty of a class 3 misdemeanor.
N. A person who is under the legal drinking age and who uses a fraudulent or false written instrument of identification or identification of another person or uses a valid license or identification of another person to gain access to a licensed establishment is guilty of a class 1 misdemeanor.
O. A person who uses a driver or nonoperating identification license in violation of subsection L or N of this section is subject to suspension of the driver or nonoperating identification license as provided in section 28-3309. A person who does not have a valid driver or nonoperating identification license and who uses a driver or nonoperating identification license of another in violation of subsection N of this section has the person’s right to apply for a driver or nonoperating identification license suspended as provided by section 28-3309.
P. A person who knowingly influences the sale, giving or serving of spirituous liquor to a person under the legal drinking age by misrepresenting the age of such person or who orders, requests, receives or procures spirituous liquor from any licensee, employee or other person with the intent of selling, giving or serving it to a person under the legal drinking age is guilty of a class 1 misdemeanor. A licensee or employee of a licensee who has actual knowledge that a person is under the legal drinking age and who admits the person into any portion of the licensed premises in violation of section 4-244, paragraph 22 is in violation of this subsection. In addition to other penalties provided by law, a judge may suspend a driver license issued to or the driving privilege of a person for not more than thirty days for a first conviction and not more than six months for a second or subsequent conviction under this subsection.
Q. A person who is at least eighteen years of age and who is an occupant of an unlicensed premises is guilty of a class 1 misdemeanor if the person knowingly hosts on the unlicensed premises a gathering of two or more persons who are under the legal drinking age and if the person knows that one or more of the persons under the legal drinking age are in possession of or consuming spirituous liquor on the unlicensed premises.
R. For the purposes of subsection Q of this section:
1. “Hosts” means allowing or promoting a party, gathering or event at a person’s place of residence or other premises under the person’s ownership or control where spirituous liquor is served to, in the possession of or consumed by an underage person.
2. “Occupant” means a person who has legal possession or the legal right to exclude others from the unlicensed premises.
S. A peace officer shall forward or electronically transfer to the director of the department of transportation the affidavit required by section 28-3310 if the peace officer has arrested a person for the commission of an offense for which, on conviction, suspension of the license or privilege to operate a motor vehicle is required by section 28-3309, subsection A, B, C or D, or if the peace officer has confiscated a false identification document used by the person to gain access to licensed premises.
T. A person who acts under a program of testing compliance with this title that is approved by the director is not in violation of section 4-244.
U. Law enforcement agencies may use persons who are under the legal drinking age to test compliance with this section and section 4-244, paragraph 9 by a licensee if the law enforcement agency has reasonable suspicion that the licensee is violating this section or section 4-244, paragraph 9. A person who is under the legal drinking age and who purchases or attempts to purchase spirituous liquor under the direction of a law enforcement agency pursuant to this subsection is immune from prosecution for that purchase or attempted purchase. Law enforcement agencies may use a person under the legal drinking age pursuant to this subsection only if:
1. The person is at least fifteen but not more than nineteen years of age.
2. The person is not employed on an incentive or quota basis.
3. The person’s appearance is that of a person who is under the legal drinking age.
4. A photograph of the person is taken no more than twelve hours before the purchase or attempted purchase. The photograph shall accurately depict the person’s appearance and attire. A licensee or an employee of a licensee who is cited for selling spirituous liquor to a person under the legal drinking age pursuant to this subsection is allowed to inspect the photograph immediately after the citation is issued. The person’s appearance at any trial or administrative hearing that results from a citation shall not be substantially different from the person’s appearance at the time the citation was issued.
5. The person places, receives and pays for the person’s order of spirituous liquor. An adult shall not accompany the person onto the premises of the licensee.
6. The person does not consume any spirituous liquor.
V. The department may adopt rules to carry out the purposes of this section.
W. In lieu of or in addition to the procedures prescribed in subsection A of this section, a licensee, an employee of the licensee or any other person who questions or has reason to question that the person ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure the serving or delivery of spirituous liquor or entering a portion of a licensed premises when the primary use is the sale or service of spirituous liquor is under the legal drinking age, the licensee, employee of the licensee or other person may use a biometric identity verification device to determine the person’s age. In any instance where the device indicates the person is under the legal drinking age, the attempted purchase, procurement or entry shall be denied.
- Note that a licensed premises includes wholesalers of alcohol, a farm winery, and an establishment authorized to sell alcohol by means of a special event license.
- ARS 4-241A1-4. Subsection A of this section applies to establishments whose primary use or business applies to the sale or service of spirituous liquor.
- ARS 4-241.
- See same.