HB 2570 — licenses; pandemics; revocation prohibition

HB2570Chapter 0367 - 551R - HS Ver  of HB2570     HouseSenate Engrossed House Bill   licenses;

revocation prohibition         State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session       CHAPTER   HOUSE BILL 2570       AN ACT   amending sections 26-303 and 36-787, Arizona Revised Statutes;

limitationlimitation; A.

notices;

appeals A.

The governor shall have complete authority over all agencies of the this state government and the right to exercise, within the area designated, all police power vested in the state by the constitution and laws of this state in order to effectuate the purposes of this chapter.

Allow a state agency or a city, town or county to permanently revoke any license thatheld isby requireda business or used to operate a business for not complying with an order issued by the governor with respect to a state of emergency proclaimed by the governor pursuant to section 36-787, subsection A unless the state agency or the city, town or county can demonstrate by clear and convincing evidence that the business wascaused the actual cause of transmission of the disease that is the subject of the order.order due to the business's wilful misconduct or gross negligence.

L.

Before a state agency, city, town or county suspends or permanently revokes, pursuant to subsection K of this section, a license held by a business or used to operate a business, the state agency, city, town or county shall provide the business with both of the following:

1.

a written notice of noncompliance delivered by personal service or certified mail.

2.

a written notice of intent to suspend or permanently revoke the License at least thirty days after the date of the notice of noncompliance provided pursuant to paragraph 1 of this subsection.

The state agency, city, town or county shall present any new evidence of grounds for suspension or revocation in the written notice required by this paragraph.

 A business that receives a notice pursuant to this paragraph and disputes the claim shall respond to the state agency, city, town or county within twenty days after receiving the notice.

M.

Any dispute relating to the suspension or permanent revocation of a license held by a business or used to operate a business shall be resolved by a court of competent jurisdiction in this state.

A state agency, city, Town or county may not suspend or permanently revoke a license held by a business or used to operate a business until the business has received both notices prescribed in subsection L of this section and all appeals have been exhausted.

The court may award reasonable attorney fees and Damages to a business in an action relating to the suspension or permanent revocation of a license held by a business or used to operate a business.

Public health authority during state of emergency or state of war emergencyemergency; A.

notices;

appeals A.

THis section does not allow the department, any other state agency or a city, town or county to permanently revoke any license thatheld isby requireda business or used to operate a business for not complying with an order issued by the governor pursuant to this section unless the department, other state agency, city, town or county can demonstrate by clear and convincing evidence that the business wascaused the actual cause of transmission of the disease that is the subject of the order.order due to the business's wilful misconduct or gross negligence.

END_STATUTEI.

Before a state agency, city, town or county suspends or permanently revokes, pursuant to subsection H of this section, a license held by a business or used to operate a business, the state agency, city, town or county shall provide the business with both of the following:

1.

a written notice of noncompliance delivered by personal service or certified mail.

2.

a written notice of intent to suspend or permanently revoke the License at least thirty days after the date of the notice of noncompliance provided pursuant to paragraph 1 of this subsection.

The state agency, city, town or county shall present any new evidence of grounds for revocation in the written notice required by this paragraph.

A business that receives a notice pursuant to this paragraph and disputes the claim shall respond to the state agency, city, town or county within twenty days after receiving the notice.

J.

Any dispute relating to the suspension or permanent revocation of a license held by a business or used to operate a business shall be resolved by a court of competent jurisdiction in this state.

A state agency, city, Town or county may not suspend or permanently revoke a license held by a business or used to operate a business until the business has received both notices prescribed in subsection I of this section and all appeals have been exhausted.

The court may award reasonable attorney fees and Damages to a business in an action relating to the suspension or permanent revocation of a license held by a business or used to operate a business.

Sec. 3.

State of emergency;

executive order;

violation;

department of liquor licenses and control;