HB 2682 — board of pharmacy; rulemaking authority

8.

"Club""Certificate includes any of thefree followingsale" organizationsmeans wherea thedocument salethat ofauthenticates spirituousa liquorproduct forthat consumption on the premises is madegenerally onlyand tofreely members,sold spousesin ofdomestic members,or familiesinternational ofchannels members, bona fide guests of memberstrade. and guests at other events authorized in this title:

(a) A post, chapter, camp or other local unit composed solely of veterans and its duly recognized auxiliary that has been chartered by the Congress of the United States for patriotic, fraternal or benevolent purposes and that has, as the owner, lessee or occupant, operated an establishment for that purpose in this state.

(b) A chapter, aerie, parlor, lodge or other local unit of an American national fraternal organization that has, as the owner, lessee or occupant, operated an establishment for fraternal purposes in this state.  An American national fraternal organization as used in this subdivision shall actively operate in at least thirty-six states or have been in active continuous existence for at least twenty years.

(c) A hall or building association of a local unit mentioned in subdivisions (a) and (b) of this paragraph,  of which all of the capital stock of which is owned by the local unit or the members,  and that operates the clubroom facilities of the local unit.

(d) A golf club that has more than fifty bona fide members and that owns, maintains or operates a bona fide golf links together with a clubhouse.

(e) A social club with that has more than one hundred bona fide members who are actual residents of the county in which it is located, that owns, maintains or operates club quarters, that is authorized and incorporated to operate as a nonprofit club under the laws of this state, and that has been continuously incorporated and operating for a period of at least one year.

The club shall have had, during this one-year period, a bona fide membership with regular meetings conducted at least once each month, and the membership shall be and shall have been actively engaged in carrying out the objects of the club.  The club's membership shall consist of bona fide dues-paying members paying dues of at least $6 per year, payable monthly, quarterly or annually, which have been recorded by the secretary of the club, and the members at the time of application for a club license shall be in good standing having for at least one full year paid dues.

At least fifty-one percent of the members shall have signified their intention to secure a social club license by personally signing a petition, on a form prescribed by the board, which shall also include the correct mailing address of each signer.  The petition shall not have been signed by a member at a date earlier than one hundred eighty days before the filing of the application.  The club shall qualify for exemption from the payment of state income taxes under title 43.

It is the intent of this subdivision that a license shall not be granted to a club that is, or has been, primarily formed or activated to obtain a license to sell liquor, but solely to a bona fide club, where the sale of liquor is incidental to the main purposes of the club.

(f) An airline club operated by or for airlines that are certificated by the United States government and that maintain or operate club quarters located at airports with international status.

9.

"Company""Color oradditive" "association",means when used in reference to a corporation,material includesthat successorseither: or assigns.

10.(a) Is any dye, pigment or other substance that is made by a process of synthesis or similar artifice,  or that is extracted, isolated or otherwise derived, with or without intermediate or final change of identity, from any vegetable, animal, mineral or other source.

(b) If added or applied to a drug, or to the human body or any part of the human body, is capable of imparting color, except that color additive does not include any material that has been or may be exempted under the federal act.

Color includes black, white and intermediate grays.

"Control""Compounding" means the powerpreparation topreparing, directmixing, assembling, packaging or causelabeling of a drug by a pharmacist or an intern or pharmacy technician under the directionpharmacist's supervision, for the purpose of dispensing to a patient based on a valid prescription order.  Compounding includes the managementpreparation of preparing drugs in anticipation of prescription orders prepared on routine, regularly observed prescribing patterns and policiesthe preparation of preparing drugs as an applicantincident to research, teaching or licensee,chemical whetheranalysis throughor for administration by a medical practitioner to the ownershipmedical practitioner's patient and not for sale or dispensing.  Compounding does not include the preparation of votingpreparing securitiescommercially available products from bulk compounds or athe partnershippreparation interest,of bypreparing agreementdrugs for sale to pharmacies, practitioners or otherwise.entities for the purpose of dispensing or distribution.

Control is presumed to exist if a person has the direct or indirect ownership of or power to vote ten percent or more of the outstanding voting securities of the applicant or licensee or to control in any manner the election of one or more of the directors of the applicant or licensee.

In the case of a partnership, control is presumed to mean the general partner or a limited partner who holds ten percent or more of the voting rights of the partnership.

For the purposes of determining the percentage of voting securities owned, controlled or held by a person, there shall be aggregated with the voting securities attributed to the person the voting securities of an officer, partner, employee or agent of the person or a spouse, parent or child of the person.  Control is also presumed to exist if a creditor of the applicant or licensee holds a beneficial interest in ten percent or more of the liabilities of the licensee.

The presumptions in this paragraph regarding control are rebuttable.

11.

"Controlling"Compressed person"medical gas distributor" means a person directlywho orthat indirectlyholds possessinga controlcurrent ofpermit anissued applicantby the board to distribute compressed medical gases pursuant to a compressed medical gas order to compressed medical gas suppliers and other entities that are registered, licensed or licensee.permitted to use, administer or distribute compressed medical gases.

12.

"Craft"Compressed distiller"medical gases" means agases distillerand inliquid theoxygen Unitedthat Statesa orcompressed inmedical agas territorydistributor or possessionmanufacturer ofhas thelabeled Unitedin Statescompliance thatwith holdsfederal alaw. license pursuant to section 4-205.10.

13.

"Department""Compressed medical gas order" means thean departmentorder offor liquorcompressed licensesmedical andgases control.that is issued by a medical practitioner.

14.

15.  "Director" means the director of the department of liquor licenses and control.

"Compressed medical gas supplier" means a person who that holds a current permit issued by the board to supply compressed medical gases pursuant to a compressed medical gas order and only to the consumer or the patient.

"Distilled"Controlled spirits"substance" includesmeans alcohol, brandy, whiskey, rum, tequila, mescal, gin, absinthe, a compounddrug, orsubstance mixture of any of them or ofimmediate anyprecursor ofthat themis withidentified, anydefined vegetable or otherlisted substance, alcohol bitters, bitters containing alcohol, fruits preserved in ardenttitle spirits,36, andchapter any27, alcoholicarticle mixture2. or preparation, whether patented or otherwise, that may in sufficient quantities produce intoxication.

16.

"Employee""Corrosive" means any personsubstance whothat performswhen anyit servicecomes onin licensedcontact premiseswith onliving atissue full-time,will part-timecause ordestruction contract basis with consent of the licensee,tissue whetherby orchemical notaction. the person is denominated an employee,  or independent contractor or otherwise.

Employee does not include a person who is exclusively on the premises for musical or vocal performances, for repair or maintenance of the premises or for the delivery of goods to the licensee.

17.

18.  "Farm winery" means a winery in the United States or in a territory or possession of the United States that holds a license pursuant to section 4-205.04.

"Counterfeit drug" means a drug that, or the container or labeling of which, without authorization, bears the trademark, trade name or other identifying mark, imprint, number or device, or any likeness of these, of a manufacturer, distributor or dispenser other than the person who that in fact manufactured, distributed or dispensed that drug.

"Government"Dangerous license"drug" meanshas a license to serve and sell spirituous liquor on specified premises available only to a state agency, state board, state commission, county, city, town, community college or state university or the nationalsame guardmeaning orprescribed Arizonain coliseumsection and13-3401. exposition center on application by the governing body of a  the state agency, state board, state commission, county, city, town, community college or state university or the national guard or Arizona exposition and state fair board.

19.

"Legal"Day" drinking age" means twenty-onea yearsbusiness ofday. age or older.

20.

"License""Decree of censure" means aan licenseofficial oraction anthat interimis retailtaken permitby issuedthe pursuantboard and that may include a requirement for restitution of fees to thisa title.patient or consumer.

21.

"Licensee""Deliver" meansor a"delivery" personmeans whothe hasactual, beenconstructive issued a license or anattempted interimtransfer retailfrom permitone pursuantperson to thisanother titlewhether or anot specialthere eventis licensee.an agency relationship.

22.

"License"Deputy fees"director" means feesa collectedpharmacist forwho licenseis issuance,employed licenseby application,the licenseboard renewal,and interimselected permitby issuancethe andexecutive licensedirector transferto betweenperform personsduties oras locations.prescribed by the executive director.

23.

"Manager""Device", meansexcept aas naturalused personin whoparagraph meets18 theof standardsthis requiredsection, ofsection licensees32-1965, paragraph 4 and whosection has32-1967, authoritysubsection toA, organize,paragraph direct,15 carryand on,subsection controlC, means instruments an instrument, apparatuses and contrivances apparatus or otherwisecontrivance, operateincluding atheir licensedits businesscomponents, onparts aand temporaryaccessories, orincluding full-timeall basis.such items under the federal act, that is intended either:

24.(a) For use in the diagnosis, cure, mitigation, treatment or prevention of diagnosing, curing, mitigating, treating or preventing disease in the human body or other animals.

(b) To affect the structure or any function of the human body or other animals.

"Microbrewery""Director" means athe brewerydirector inof the Uniteddivision Statesof ornarcotics inenforcement aand territorycriminal orinvestigation possession of the Uniteddepartment States that meets the requirements of sectionpublic 4-205.08.safety.

25.

"Off-sale"Direct retailer"supervision meansof any person operating that operates a bonapharmacist" fidemeans regularly established retail liquor store selling that sellsthe spirituouspharmacist liquors,is winespresent.  andIf beer,relating andto any established retail store selling commodities other than spirituous liquors and that is engaged in the sale of spirituouscertain liquorsitems, onlydirect insupervision theof originala unbrokenpharmacist package,means tothat bea takenpharmacist awaydetermines from the premiseslegitimacy ofor theadvisability retailerof anda toproposed bepurchase consumedof offthose theitems. premises.

26.

"On-sale"Dispense" retailer" means anyto persondeliver operatingto an establishmentultimate whereuser spirituousor liquorsresearch aresubject soldby inor thepursuant originalto containerthe forlawful consumptionorder onof ora offpractitioner, including the premisesprescribing, administering, packaging, labeling or incompounding individualas portionsnecessary forto consumptionprepare onfor thethat premises.delivery.

27.

"Permanent"Dispenser" occupancy" means thea maximumpractitioner occupancywho ofdispenses. the building or facility as set by the office of the state fire marshal for the jurisdiction in which the building or facility is located.

28.

"Person""Distribute" includesmeans ato partnership,deliver, limitedother liabilitythan company,by association,administering company or corporation,dispensing. as well as a natural person.

29.

"Premises""Distributor" or "licensed premises" means thea areaperson fromwho whichdistributes. the licensee is authorized to sell, dispense or serve spirituous liquors under the provision of the license.

Premises or licensed premises includes a patio that is not contiguous to the remainder of the premises or licensed premises if the patio is separated from the remainder of the premises or licensed premises by a public or private walkway or driveway not to exceed thirty feet, subject to rules the director may adopt to establish criteria for noncontiguous premises.

30.

"Registered"Drug" mail"means: includes certified mail.

31.(a) Articles that are recognized, or for which standards or specifications are prescribed, in the official compendium.

(b) Articles that are intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in the human body or other animals.

(c) Articles other than food that are intended to affect the structure or any function of the human body or other animals.

(d) Articles that are intended for use as a component of any articles specified in subdivision (a), (b) or (c) of this paragraph but does not include devices or their components, parts or accessories.

"Registered"Drug retailenforcement agent"administration" means anythe persondrug whoenforcement isadministration authorizedof pursuantthe toUnited sectionStates 4-222department to purchase spirituous liquors for and on behalf of thejustice personor andits othersuccessor retailagency. licensees.

32.

"Repeated"Drug actsor device manufacturing" means the production producing, preparation preparing, propagation propagating or processing of violence"a means:drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis and includes any packaging or repackaging of substances or labeling or relabeling of its container and the promotion promoting and marketing of the same.

(a)Drug For licensed premises with a permanent occupancy of two hundred or fewerdevice persons,manufacturing twodoes ornot moreinclude actscompounding. of violence occurring within seven days or three or more acts of violence occurring within thirty days.

(b) For licensed premises with a permanent occupancy of more than two hundred but not more than four hundred persons, four or more acts of violence within thirty days.

(c) For licensed premises with a permanent occupancy of more than four hundred but not more than six hundred fifty persons, five or more acts of violence within thirty days.

(d) For licensed premises with a permanent occupancy of more than six hundred fifty but not more than one thousand fifty persons, six or more acts of violence within thirty days.

(e) For licensed premises with a permanent occupancy of more than one thousand fifty persons, seven or more acts of violence within thirty days.

"retail"Economic tobaccopoison" vendor":means any substance that alone, in chemical combination with or in formulation with one or more other substances is a pesticide within the meaning of the laws of this state or the federal insecticide, fungicide and rodenticide act and that is used in the production producing, storage storing or transportation of transporting raw agricultural commodities.

(a) Means a person, partnership, joint venture, society, club, trustee, true association, organization or corporation that owns, operates or manages any retail establishment physically located in this state that sells alternative nicotine products, shisha, tobacco products or vapor products, that is in the business of selling, distributing or conveying these products to the public or a user of any such product and is not an otherwise lawful business located outside of this state.

(b) does not include either of the following:

(i) the nonmanagement employees of any tobacco retail establishment.

(ii) a wholesaler of any alternative nicotine product, shisha, tobacco product or vapor product with respect to selling, distributing or conveying these products in business-to-business transactions.

33.

"Sell""Enteral includesfeeding" solicitingmeans ornourishment receivingthat anis orderprovided for,by keepingmeans orof exposinga fortube sale,inserted directlyinto orthe indirectlystomach deliveringor forintestine. value, peddling, keeping with intent to sell and trafficking in.

"Shisha""Established hasname", thewith samerespect meaningto prescribeda indrug sectionor 13-3622.ingredient of a drug, means any of the following:

34.(a) The applicable official name.

(b) If there is no such name and the drug or ingredient is an article recognized in an official compendium, the official title in an official compendium.

(c) If neither subdivision (a) nor (b) of this paragraph applies, the common or usual name of the drug.

"Spirituous"Executive liquor"director" includesmeans alcohol,the brandy,executive whiskey,director rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor or malt beverage, absinthe, a compound or mixture of anythe ofboard them or of anypharmacy. of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, which that produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one percent of alcohol by volume.

"tobacco"Federal product"act" hasmeans the samefederal meaninglaws prescribedand inregulations sectionthat 13-3622.pertain to drugs, devices, poisons and hazardous substances and that are official at the time any drug, device, poison or hazardous substance is affected by this chapter.

"vapor"Full product"service haswholesale thepermittee": same meaning prescribed in section 13-3622.

35.(a) Means a permittee who may distribute prescription-only drugs and devices, controlled substances and over-the-counter drugs and devices to pharmacies or other legal outlets from a place devoted in whole or in part to wholesaling these items.

(b) Includes a virtual wholesaler as defined in rule by the board.  40.

"Vehicle""Good meansmanufacturing anypractice" means ofa transportationsystem byfor land,ensuring waterthat orproducts air,are consistently produced and includescontrolled everythingaccording madeto usequality standards and covering all aspects of indesign, monitoring and control of manufacturing processes and facilities to ensure that products do not pose any wayrisk forto suchthe transportation.consumer or public.

36.

"Vending"Highly machine"toxic" means aany machinesubstance that dispensesfalls merchandisewithin throughany the means of coin,the token,following creditcategories: card or other nonpersonal means of accepting payment for merchandise received.

37.(a) Produces death within fourteen days in half or more than half of a group of ten or more laboratory white rats each weighing between two hundred and three hundred grams, at a single dose of fifty milligrams or less per kilogram of body weight, when orally administered.

(b) Produces death within fourteen days in half or more than half of a group of ten or more laboratory white rats each weighing between two hundred and three hundred grams, if inhaled continuously for a period of one hour or less at an atmospheric concentration of two hundred parts per million by volume or less of gas or vapor or two milligrams per liter by volume or less of mist or dust, provided the concentration is likely to be encountered by humans if the substance is used in any reasonably foreseeable manner.

(c) Produces death within fourteen days in half or more than half of a group of ten or more rabbits tested in a dosage of two hundred milligrams or less per kilogram of body weight, if administered by continuous contact with the bare skin for twenty-four hours or less.

If the board finds that available data on human experience with any substance indicate results different from those obtained on animals in the dosages or concentrations prescribed in this paragraph, the human data shall take precedence.

"Veteran""Hospital" means aany personinstitution whofor has served in the Unitedcare Statesand airtreatment force, army, navy, marine corps or coast guard, as an active nurse in the services of the Americansick redand cross,injured inthat theis armyapproved and navylicensed nurseas corpsa inhospital timeby of war, or in any expedition of the armeddepartment forces of thehealth Unitedservices. States, and who has received a discharge other than dishonorable.

38.

"Voting"Intern" security" means any security presently entitling the owner or holder of the security to vote for the election of directors of an applicant or a licensee.pharmacy intern.

39.

"Wine""Internship" means the productpractical, obtainedexperiential, byhands-on thetraining fermentation of grapes,a otherpharmacy agriculturalintern productsunder containingthe naturalsupervision or added sugar or cider or any such alcoholic beverage fortified with grape brandy and containing not more than twenty-four percent of alcohola bypreceptor. volume.

45.

"Irritant" means any substance, other than a corrosive, that on immediate, prolonged or repeated contact with normal living tissue will induce a local inflammatory reaction.

46.

"Jurisprudence examination" means a board-approved pharmacy law examination that is written and administered in cooperation with the national association of boards of pharmacy or another board-approved pharmacy law examination.

47.

"Label" means a display of written, printed or graphic matter on the immediate container of any article that, unless easily legible through the outside wrapper or container, also appears on the outside wrapper or container of the article's retail package.

For the purposes of this paragraph, the immediate container does not include package liners.

48.

"Labeling" means all labels and other written, printed or graphic matter that either:

(a) Is on any article or any of its containers or wrappers.

(b) Accompanying Accompanies that article.

49.

"Letter of reprimand" means a disciplinary letter that is a public document issued by the board and that informs a licensee or permittee that the licensee's or permittee's conduct violates state or federal law and may require the board to monitor the licensee or permittee.

50.

"Limited service pharmacy" means a pharmacy that is approved by the board to practice a limited segment of pharmacy as indicated by the permit issued by the board.

51.

"Manufacture" or "manufacturer":

(a) Means every person who prepares, derives, produces, compounds, processes, packages or repackages or labels any drug in a place, other than a pharmacy, that is devoted to manufacturing the drug.

(b) Includes a virtual manufacturer as defined in rule by the board.

52.

"Marijuana" has the same meaning prescribed in section 13-3401.

53.

"Medical practitioner" means any medical doctor, doctor of osteopathic medicine, dentist, podiatrist, veterinarian or other person who is licensed and authorized by law to use and prescribe drugs and devices for the treatment of to treat sick and injured human beings or animals or for the diagnosis to diagnose or prevention of prevent sickness in human beings or animals in this state or any state, territory or district of the United States.

54.

"Medication order" means a written or verbal order from a medical practitioner or that person's authorized agent to administer a drug or device.

55.

"Narcotic drug" has the same meaning prescribed in section 13-3401.

56.

"New drug" means either:

(a) Any drug of which the composition of which is such that the drug is not generally recognized among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs as safe and effective for use under the conditions prescribed, recommended or suggested in the labeling.

(b) Any drug  of which the composition of which is such that the drug, as a result of investigations to determine its safety and effectiveness for use under such conditions, has become so recognized, but that has not, other than in the investigations, been used to a material extent or for a material time under those conditions.

57.

"Nonprescription drug" or "over-the-counter drug" means any nonnarcotic medicine or drug that may be sold without a prescription and that is prepackaged and labeled for use by the consumer in accordance with the requirements of the laws of this state and federal law.  Nonprescription drug does not include:

(a) A drug that is primarily advertised and promoted professionally to medical practitioners and pharmacists by manufacturers or primary distributors.

(b) A controlled substance.

(c) A drug that is required to bear a label that states "Rx only".

(d) A drug that is intended for human use by hypodermic injection.

58.

"Nonprescription drug wholesale permittee":

(a) Means a permittee who may distribute only over-the-counter drugs and devices to pharmacies or other lawful outlets from a place devoted in whole or in part to wholesaling these items.

(b) Includes a virtual wholesaler as defined in rule by the board.

59.

"Notice" means personal service or the mailing of a copy of the notice by certified mail addressed either to the person at the person's latest address of record in the board office or to the person's attorney.

60.

"Nutritional supplementation" means vitamins, minerals and caloric supplementation.  Nutritional supplementation does not include medication or drugs.

61.

"Official compendium" means the latest revision of the United States pharmacopeia and the national formulary or any current supplement.

62.

"Other jurisdiction" means one of the other forty-nine states, the District of Columbia, the Commonwealth of Puerto Rico or a territory of the United States of America.

63.

"Package" means a receptacle that is defined or described in the United States pharmacopeia and the national formulary as adopted by the board.

64.

"Packaging" means the act or process of placing a drug item or device in a container for the purpose or intent of dispensing or distributing the item or device to another.

65.

"Parenteral nutrition" means intravenous feeding that provides a person an individual with fluids and essential nutrients the person individual needs while the person individual is unable to receive adequate fluids or feedings by mouth or by enteral feeding.

66.

"Person" means an individual, partnership, corporation and association, and their duly authorized agents.

67.

"Pharmaceutical care" means the provision of drug therapy and other pharmaceutical patient care services.

68.

"Pharmacist" means an individual who is currently licensed by the board to practice the profession of pharmacy in this state.

69.

"Pharmacist in charge" means the pharmacist who is responsible to the board for a licensed establishment's compliance with the laws and administrative rules of this state and of the federal government pertaining to the practice of pharmacy, the manufacturing of drugs and the distribution of drugs and devices.

70.

"Pharmacist licensure examination" means a board-approved examination that is written and administered in cooperation with the national association of boards of pharmacy or any other board-approved pharmacist licensure examination.

71.

"Pharmacy":

(a) Means:

(i) Any place where drugs, devices, poisons or related hazardous substances are offered for sale at retail or where prescription orders are dispensed by a licensed pharmacist.

(ii) Any place in which the profession of pharmacy is practiced or where prescription orders are compounded and dispensed.

(iii) (ii) Any place that has displayed on it or in it the words "pharmacist", "pharmaceutical chemist", "apothecary", "druggist", "pharmacy", "drugstore", "drugs" or "drug sundries" or any of these words or combinations of these words, or words of similar import either in English or any other language, or that is advertised by any sign containing any of these words.

(iv) (iii) Any place where the characteristic symbols of pharmacy or the characteristic prescription sign "Rx" is exhibited and where drugs are stored or dispensed.

(v) (iv) Any place or a portion of any building or structure that is leased, used or controlled by the permittee to conduct the business authorized by the board at the address for which the permit was issued and that is enclosed and secured when a pharmacist is not in attendance.

(vi) (v) A remote dispensing site pharmacy where a pharmacy technician or pharmacy intern prepares, compounds or dispenses prescription medications under remote supervision by a pharmacist.

(b) Includes a satellite pharmacy.

72.

"Pharmacy intern" means a person who has all of the qualifications and experience prescribed in section 32-1923.

73.

"Pharmacy technician" means a person who is licensed pursuant to this chapter.

74.

"Pharmacy technician trainee" means a person who is licensed pursuant to this chapter.

75.

"Poison" or "hazardous substance" includes, but is not limited to, any of the following if intended and suitable for household use or use by children:

(a) Any substance that, according to standard works on medicine, pharmacology, pharmacognosy or toxicology, if applied to, introduced into or developed within the body in relatively small quantities by its inherent action uniformly produces serious bodily injury, disease or death.

(b) A toxic substance.

(c) A highly toxic substance.

(d) A corrosive substance.

(e) An irritant.

(f) A strong sensitizer.

(g) A mixture of any of the substances described in this paragraph, if the substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.

(h) A substance that is designated by the board to be a poison or hazardous substance.

This subdivision does not apply to radioactive substances, economic poisons subject to the federal insecticide, fungicide and rodenticide act or the state pesticide act, foods, drugs and cosmetics subject to state laws or the federal act or substances intended for use as fuels when stored in containers and used in the heating, cooking or refrigeration system of a house.  This subdivision applies to any substance or article that is not itself an economic poison within the meaning of the federal insecticide, fungicide and rodenticide act or the state pesticide act, but that is a poison or hazardous substance within the meaning of this paragraph by reason of bearing or containing an economic poison or hazardous substance.

76.

"Practice of pharmacy":

(a) Means furnishing the following health care services as a medical professional:

(i) Interpreting, evaluating and dispensing prescription orders in the patient's best interests.

(ii) Compounding drugs pursuant to or in anticipation of a prescription order.

(iii) Labeling drugs and devices in compliance with state and federal requirements.

(iv) Participating in drug selection and drug utilization reviews, drug administration, drug or drug-related research and drug therapy monitoring or management.

(v) Providing patient counseling necessary to provide pharmaceutical care.

(vi) Properly and safely storing drugs and devices in anticipation of dispensing.

(vii) Maintaining required records of drugs and devices.

(viii) Offering or performing acts, services, operations or transactions that are necessary in the to conduct, operation operate, management manage and control of a pharmacy.

(ix) Initiating, monitoring and modifying drug therapy pursuant to a protocol-based drug therapy agreement with a provider as outlined in section 32-1970.

(x) Initiating and administering immunizations or vaccines pursuant to section 32-1974.

(b) Does not include initiating a prescription order for any medication, drug or other substance used to induce or cause a medication abortion as defined in section 36-2151.

77.

"Practitioner" means any physician, dentist, veterinarian, scientific investigator or other person who is licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state, or any pharmacy, hospital or other institution that is licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state.

78.

"Preceptor" means a pharmacist who is serving as the practical instructor of an intern and who complies with section 32-1923.

79.

"Precursor chemical" means a substance that is:

(a) The principal compound that is commonly used or that is produced primarily for use and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture.

(b) Listed in section 13-3401, paragraph 26 or 27.

80.

"Prescription" means either a prescription order or a prescription medication.

81.

"Prescription medication" means any drug, including label and container according to context, that is dispensed pursuant to a prescription order.

82.

"Prescription-only device" includes:

(a) Any device that is limited by the federal act to use under the supervision of a medical practitioner.

(b) Any device required by the federal act to bear on its label essentially the legend "Rx only".

83.

"Prescription-only drug" does not include a controlled substance but does include:

(a) Any drug that because of its toxicity or other potentiality for harmful effect, the method of its use, or the collateral measures necessary to its use is not generally recognized among experts, qualified by scientific training and experience to evaluate its safety and efficacy, as safe for use except by or under the supervision of a medical practitioner.

(b) Any drug that is limited by an approved new drug application under the federal act or section 32-1962 to use under the supervision of a medical practitioner.

(c) Every potentially harmful drug, the labeling of which does not bear or contain full and adequate directions for use by the consumer.

(d) Any drug, other than a controlled substance, that is required by the federal act to bear on its label the legend "Rx only".

84.

"Prescription order" means any of the following:

(a) An order to a pharmacist for drugs or devices that is issued and signed by a duly licensed medical practitioner in the authorized course of the practitioner's professional practice.

(b) An order that is transmitted to a pharmacist through word of mouth, telephone or other means of communication directed by that medical practitioner.  Prescription orders received by word of mouth, telephone or other means of communication shall be maintained by the pharmacist pursuant to section 32-1964, and the record so made by the pharmacist constitutes the original prescription order to be dispensed by the pharmacist.  This paragraph does not alter or affect laws of this state or any federal act requiring a written prescription order.

(c) An order that is initiated by a pharmacist pursuant to a protocol-based drug therapy agreement with a provider as outlined in section 32-1970, or immunizations or vaccines administered by a pharmacist pursuant to section 32-1974.

(d) A diet order or an order for enteral feeding, nutritional supplementation or parenteral nutrition that is initiated by a registered dietitian or other qualified nutrition professional in a hospital pursuant to section 36-416.

85.

"Professionally incompetent" means:

(a) Incompetence based on a variety of factors, including a lack of sufficient pharmaceutical knowledge or skills or experience to a degree likely to endanger the health of patients.

(b) When considered with other indications of professional incompetence, a pharmacist or pharmacy intern who fails to obtain a passing score on a board-approved pharmacist licensure examination or a pharmacy technician or pharmacy technician trainee who fails to obtain a passing score on a board-approved pharmacy technician licensure examination.

86.

"Radioactive substance" means a substance that emits ionizing radiation.

87.

"Remote dispensing site pharmacy" means a pharmacy where a pharmacy technician or pharmacy intern prepares, compounds or dispenses prescription medications under remote supervision by a pharmacist.

88.

"Remote supervision by a pharmacist" means that a pharmacist directs and controls the actions of pharmacy technicians and pharmacy interns through the use of audio and visual technology.

89.

"Revocation" or "revoke" means the official cancellation of a license, permit, registration or other approval authorized by the board for a period of two years unless otherwise specified by the board.

A request or new application for reinstatement may be presented to the board for review before the conclusion of the specified revocation period upon review of the executive director.

90.

"Safely engage in employment duties" means that a permittee or the permittee's employee is able to safely engage in employment duties related to the manufacture, sale, distribution or dispensing of drugs, devices, poisons, hazardous substances, controlled substances or precursor chemicals.

91.

"Satellite pharmacy" means a work area located within a hospital or on a hospital campus that is not separated by other commercial property or residential property, that is under the direction of a pharmacist, that is a remote extension of a centrally licensed hospital pharmacy, and that is owned by and dependent on the centrally licensed hospital pharmacy for administrative control, staffing and drug procurement and that is not required to be separately permitted.

92.

"Symbol" means the characteristic symbols that have historically identified pharmacy, including show globes and mortar and pestle, and the sign "Rx".

93.

"Third-party logistics provider" means an entity that provides or coordinates warehousing or other logistics services for a prescription or over-the-counter dangerous drug or dangerous device in intrastate or interstate commerce on behalf of a manufacturer, wholesaler or dispenser of the prescription or over-the-counter dangerous drug or dangerous device but that does not take ownership of the prescription or over-the-counter dangerous drug or dangerous device or have responsibility to direct its sale or disposition.

94.

"Toxic substance" means a substance, other than a radioactive substance, that has the capacity to produce injury or illness in humans through ingestion, inhalation or absorption through any body surface.

95.

"Ultimate user" means a person who lawfully possesses a drug or controlled substance for that person's own use, for the use of a member of that person's household or for administering to an animal owned by that person or by a member of that person's household.

Section 4-112,32-1979.02, Arizona Revised Statutes, is amended to read:

START_STATUTE4-112.START_STATUTE32-1979.02.

PowersOral andfluoride dutiesvarnish; of board and director of department of liquor licenses and control;

investigations;prescription and administration authority;

countyrequirements andA. municipal regulation;

definitionA A.pharmacist who is licensed pursuant to this chapter and who meets the requirements of this section may prescribe and administer oral fluoride varnish pursuant to rules adopted by the board.

The board shall:

1.

Grant and deny applications in accordance with the provisions of this title.

2.

Adopt rules in order to carry out the provisions of this section.

3.

Hear appeals and hold hearings as provided in this section.

ExceptA aspharmacist providedwho inwishes subsectionto Aadminister oforal fluoride varnish pursuant to this section,section shall successfully complete a course of training accredited by the directoraccreditation shallcouncil administerfor pharmacy education on the provisionsuse of thisa title,caries includingrisk assessment and shalloral dofluoride thevarnish following:application, or other board-approved training that complies with American dental association guidelines.

1.

Adopting adopt rules:

(a) For carrying to carry out the provisions of this title.

(b) For the proper to properly conduct of the business to be carried on under each specific type of spirituous liquor license.

(c) To enable and assist state officials and political subdivisions to collect taxes levied or imposed in connection with spirituous liquors.

(d) For the issuance to issue and revocation of revoke certificates of registration of retail agents, including provisions governing the shipping, storage and delivery of spirituous liquors by registered retail agents, the keeping of records and the filing of reports by registered retail agents.

(e) To establish requirements for licensees under section 4-209, subsection B, paragraph 12.

2.

Subject to title 41, chapter 4, article 4, employing employ necessary personnel and fixing fix their compensation pursuant to section 38-611.

3.

Keeping keep an index record that is a public record open to public inspection and that contains the name and address of each licensee and the name and address of any person having an interest, either legal or equitable, in each license as shown by any written document that is placed on file in the office of the board.

4.

Providing provide the board with supplies and personnel as directed by the board.

5.

Responding respond in writing to any law enforcement agency that submits an investigative report to the department relating to a violation of this title, setting forth what action, if any, the department has taken or intends to take on the report and, if the report lacks sufficient information or is otherwise defective for use by the department, what the agency must do to remedy the report.

6.

Taking take steps that are necessary to maintain effective liaison with the department of public safety and all local law enforcement agencies in the enforcement of enforcing this title, including the laws of this state against the consumption of spirituous liquor by persons under the legal drinking age or the use of alternative nicotine products, tobacco products or vapor products by persons under twenty-one years of age.

7.

Providing provide training to law enforcement agencies in the proper investigation properly investigating and reporting of violations of this title.

8.

enforce title 36, chapter 6, article 14.

TheA directorpharmacist shallwho establishadministers withinoral thefluoride departmentvarnish apursuant separateto investigations unit that has as its sole responsibility the investigation of investigating compliance with this title,section includingshall thedo investigationall of investigating licensees alleged to have sold or distributed spirituous liquor in any form to persons under the legalfollowing: drinking age or to have sold alternative nicotine products, tobacco products or vapor products to a person who is under twenty-one years of age.  Investigations conducted by this unit may include covert undercover investigations.

D.

All employees of the department of liquor licenses and control, except members of the state liquor board and the director of the department, shall be employed by the department in the manner prescribed by the department of administration.

E.

The director may enter into a contract or agreement with any public agency for any joint or cooperative action as provided for by title 11, chapter 7, article 3.

F.

The board or the director may take evidence, administer oaths or affirmations, issue subpoenas requiring attendance and testimony of witnesses, cause depositions to be taken and require by subpoena duces tecum the production of books, papers and other documents that are necessary for the enforcement of to enforce this title.

Proceedings held during the course of a confidential investigation are exempt from title 38, chapter 3, article 3.1.

If a person refuses to obey a subpoena or fails to answer questions as provided by this subsection, the board or the director may apply to the superior court in the manner provided in section 12-2212.  The board or director may serve subpoenas by personal service or certified mail, return receipt requested.

G.

The director may:

ExaminePerform books,a recordscaries risk assessment with each patient and papersmake ofany necessary referrals to a licensee.dentist or physician for moderate or high-risk patients within five business days.

RequireProvide applicants,each licensees,patient employeeswith whoa serve,fluoride sellrecord orcard furnish spirituous liquors to retailbe customers,shared managerswith andother managingproviders agents to taketrack trainingfluoride coursestreatments. approved by the director in spirituous liquor handling and spirituous liquor laws and rules.

The director shall adopt rules that set standards for approving training courses.

The director may suspend or revoke the previous approval of trainers who do not adhere to course administration requirements prescribed by the department or who do not meet course standards.  If the director suspends or revokes the previous approval of a trainer pursuant to this paragraph, the trainer may appeal to the board pursuant to section 4-210.02 as if the suspension or revocation was a sanction against a licensee.

After January 1, 2019, The rules for on-sale retailer basic training and on-sale retailer management training shall include security procedures for security personnel assigned to monitor admission of patrons, interaction with patrons, calls to law enforcement and strategies for use of force and for the use of de-escalation techniques.

If the retailer uses a registered security guard, the retailer shall attempt to verify the validity and status of the security guard's registration certificate.  The department's licensed investigators may participate and receive compensation as lecturers at approved training courses within this state's jurisdiction that are conducted by other entities but shall not participate in in-house training programs for licensees.

DelegateInform toeach employeespatient ofthat thefluoride departmentvarnish authorityis tonot exercisesufficient powersdental ofcare theand directorencourage ineach orderpatient to administersee thea department.dentist on a regular basis.

RegulateMake signsand thatkeep advertiserecords afor spirituousat liquorleast productone atyear licensedfollowing retailthe premises.administration of oral fluoride varnish.

5.D.

CauseA topharmacist bemay removednot fromgive theor marketplacereceive, spirituouseither liquor,directly alternativeor nicotineindirectly, products,a tobaccopayment, productskickback, rebate, bonus or vaporother productsremuneration thatfor maya bereferral contaminated.to a dentist or physician pursuant to subsection C of this section.

6.

Regulate the age and conduct of erotic entertainers at licensed premises.

The age limitation governing these erotic entertainers may be different from other employees of the licensee.

7.

Issue and enforce cease and desist orders against any person or entity that sells beer, wine, or spirituous liquor, alternative nicotine products, tobacco products or vapor products without an appropriate license or permit.

8.

Confiscate wines carrying a label including a reference to Arizona or any Arizona city, town or place unless at least seventy-five percent by volume of the grapes used in making the wine were grown in this state.

9.

Accept and expend private grants of monies, gifts and devises for conducting educational programs for parents and students on the repercussions of underage alcohol consumption or the underage use of alternative nicotine products, tobacco products or vapor products.

State general fund monies shall not be expended for the purposes of this paragraph.

If the director does not receive sufficient monies from private sources to carry out the purposes of this paragraph, the director shall not provide the educational programs prescribed in this paragraph.

Grant monies received pursuant to this paragraph are nonlapsing and do not revert to the state general fund at the close of the fiscal year.

10.

Procure fingerprint scanning equipment and provide fingerprint services to license applicants and licensees.  The department may charge a fee for providing these services.

11.

Accept electronic signatures on all department and licensee forms and documents and applications.  The director may adopt requirements that would require facsimile signatures to be followed by original signatures within a specified time period.

12.

For use after January 1, 2019, Adopt a form that is required to be used by all on-sale retailers that hire or designate employees to serve as security personnel.

All security personnel job applicants and employees for on-sale retailers shall complete the form, which shall be notarized, before assignment to a security role.  The form shall require the applicant or other person to disclose whether in the previous five years the person has been a registered sex offender or pled guilty, pled no contest or been convicted of any offense that constitutes assault, homicide, domestic violence, sexual misconduct, misconduct involving a deadly weapon or a drug violation that constitutes the illegal sale, manufacturing, cultivation or transportation for sale of marijuana, a dangerous drug or a narcotic drug.

A licensee may not hire or assign to a role as security personnel any person who fails to complete the form or if the whose form discloses one of the listed offenses within the previous five years.

The licensee shall maintain on file affidavits of all security personnel hired or designated by the licensee.

The form may not be required for a peace officer who is certified by the Arizona peace officer standards and training board or other security personnel who hold a current security guard registration certificate or armed security guard registration certificate issued pursuant to title 32, chapter 26.

H.

A county or municipality may enact and enforce ordinances regulating the age and conduct of erotic entertainers at licensed premises in a manner at least as restrictive as rules adopted by the director.

I.

For the purposes of this section, "security personnel" includes individuals whose primary assigned responsibilities include the security and safety of employees and patrons of an on-sale retailer premises.  Security personnel does not include a person whose primary responsibilities include checking the identification cards of patrons to determine compliance with age requirements.

Section 4-205.02,32-1979.03, Arizona Revised Statutes, is amended to read:

START_STATUTE4-205.02.START_STATUTE32-1979.03.

RestaurantTobacco license;cessation drug therapies;

issuance;prescription authority;

regulatoryrequirements; provisions;

expiration;definition A.

definitionsA A.pharmacist who is licensed pursuant to this chapter and who meets the requirements of this section may prescribe and dispense tobacco cessation drug therapies to a qualified patient pursuant to rules adopted by the board.

ThePrescriptive directorauthority may issue a restaurant license to any restaurant in this state that is regularlylimited open for the serving of food to guestsnicotine-replacement fortobacco compensationcessation anddrug thattherapies, hasincluding suitableprescription kitchen facilities connected with the restaurant for keeping, cooking and preparingnonprescription foodstherapies. required for ordinary meals.

TheA directorpharmacist shallwho issuewishes theto licenseprescribe inand thedispense nametobacco ofcessation thedrug restauranttherapies onpursuant applicationto forthis thesection licenseshall successfully complete a course of training accredited by the owneraccreditation orcouncil lesseefor ofpharmacy education in the restaurant,subject providedarea ifof thetobacco applicantcessation isand otherwisesuccessfully qualifiedcomplete totwo holdhours aof spirituousaccreditation liquorcouncil license.for pharmacy education accredited tobacco cessation continuing education programs on license renewal.

The holdercourse of suchtraining ashall licenseinclude isall subject to the penalties prescribed for any violation of the lawfollowing: relating to alcoholic beverages.

C.

The holder of a restaurant license may sell and serve spirituous liquors solely for consumption on the licensed premises.  For the purpose of this subsection, "licensed premises" may include rooms, areas or locations in which the restaurant normally sells or serves spirituous liquors pursuant to regular operating procedures and practices and that are contiguous to the restaurant or a noncontiguous patio pursuant to section 4-101, paragraph 29 30.

For the purposes of this subsection, a restaurant licensee must submit proof of tenancy or permission from the landowner or lessor for all property to be included in the licensed premises.

D.

In addition to other grounds prescribed in this title on which a license may be revoked, the director may require the holder of a restaurant license issued pursuant to this section to surrender the license in any case in which the licensee ceases to operate as a restaurant, as prescribed in subsection A of this section.  The surrender of a license pursuant to this subsection does not prevent the director from revoking the license for other grounds prescribed in this title or for making deliberate material misrepresentations to the department regarding the licensee's equipment, service or entertainment items or seating capacity in applying for the restaurant license.

E.

Neither the director nor the board may initially issue a restaurant license if either finds that there is sufficient evidence that the operation will not satisfy the criteria adopted by the director for issuing a restaurant license described in section 4-209, subsection B, paragraph 12.  The director shall issue a restaurant license only if the applicant has submitted a plan for the operation of operating the restaurant.

The plan shall be completed on forms provided by the department and shall include listings of all restaurant equipment and service items, the restaurant seating capacity and other information requested by the department to substantiate that the restaurant will operate in compliance with this section.

F.

The holder of the license described in section 4-209, subsection B, paragraph 12 who intends to alter the seating capacity or dimensions of a restaurant facility shall notify the department in advance on forms provided by the department.

G.

The director may charge a fee for site inspections conducted before the issuance of a restaurant license.

H.

A restaurant applicant or licensee may apply for a permit allowing for the sale of beer for consumption off the licensed premises pursuant to section 4-244, paragraph 32, subdivision (c) on a form prescribed and furnished by the director.

The department shall not issue a permit to a restaurant applicant or licensee that does not meet the requirements in section 4-207, subsection A.

Section 4-207, subsection B does not apply to this subsection.

The permit shall be issued only after the director has determined that the public convenience requires and that the best interest of the community will be substantially served by the issuance of the permit, considering the same criteria adopted by the director for issuing a restaurant license described in section 4-209, subsection B, paragraph 12.

The amount of beer sold under the permit shall not exceed ten percent of gross revenue of spirituous liquor sold by the establishment.  After the permit has been issued, the permit shall be noted on the license itself and in the records of the department.

The director may charge a fee for processing the application for the permit and a renewal fee.

I.

Notwithstanding any rule adopted by the department, business establishments that relied on a form issued by the department that provides for a small restaurant exemption for fifty or fewer seats before January 31, 2019,  are allowed to continue to maintain the capacity of fifty or fewer seats for the duration of the business.

The rights of a business establishment subject to this section are not transferable.

J.

For the purposes of this section:

"GrossEpidemiology revenue" means the revenue derived from all sales of food and spirituoushealth liquorconsequences on the licensed premises, regardless of whethertobacco-containing theproducts. sales of spirituous liquor are made under a restaurant license issued pursuant to this section or under any other license that has been issued for the premises pursuant to this article.

"Restaurant"Biological, meanspsychological anand establishmentsociocultural thatcomponents derives at least forty percent of itstobacco grossdependence. revenue from the sale of food, including sales of food for consumption off the licensed premises if the amount of these sales included in the calculation of gross revenue from the sale of food does not exceed fifteen percent of all gross revenue of the restaurant.

END_STATUTE Sec. 4.

Section 4-244, Arizona Revised Statutes, is amended to read:

START_STATUTE4-244.

Unlawful acts It is unlawful:

1.

For a person to buy for resale, sell or deal in spirituous liquors in this state without first having procured a license duly issued by the board, except that the director may issue a temporary permit of any series pursuant to section 4-205.05 to a trustee in bankruptcy to acquire and dispose of the spirituous liquor of a debtor.

2.

For a person to sell or deal in alcohol for beverage purposes without first complying with this title.

ForAssessment a distiller, vintner, brewer or wholesaler knowingly to sell, dispose of or give spirituous liquor to any person other than a licenseepatient's exceptwillingness in sampling wares as may be necessary in the ordinary course of business, except in donating spirituous liquor to aquit. nonprofit organization that has obtained a special event license for the purpose of charitable fund-raising fundraising activities or except in donating spirituous liquor with a cost to the distiller, brewer or wholesaler of up to $500 in a calendar year to an organization that is exempt from federal income taxes under section 501(c) (3), (4), (6) or (7) of the internal revenue code and not licensed under this title.

ForDevelopment aof distiller, vintner or brewer to require a wholesalerquit toplan. offer or grant a discount to a retailer, unless the discount has also been offered and granted to the wholesaler by the distiller, vintner or brewer.

ForRelapse aprevention distiller,strategies. vintner or brewer to use a vehicle for trucking or transportation of spirituous liquors unless there is affixed to both sides of the vehicle a sign showing the name and address of the licensee and the type and number of the person's license in letters not less than three and one-half inches in height.

ForApproved amedications personused to take or solicit orders for spirituousnicotine liquorsaddiction unlessand the personeffectiveness is a salesman or solicitor of acurrent licenseddrug wholesaler,therapies afor salesmansmoking orcessation. solicitor of a distiller, brewer, vintner, importer or broker or a registered retail agent.

ForNonpharmacological anyand retailbehavioral licenseeinterventions. to purchase spirituous liquors from any person other than a solicitor or salesman of a wholesaler licensed in this state.

8.

For a retailer to acquire an interest in property owned, occupied or used by a wholesaler in the wholesaler's business, or in a license with respect to the premises of the wholesaler.

9.

Except as provided in paragraphs 10 and 11 of this section, for a licensee or other person to sell, furnish, dispose of or give, or cause to be sold, furnished, disposed of or given, to a person under the legal drinking age or for a person under the legal drinking age to buy, receive, have in the person's possession or consume spirituous liquor.

This paragraph does not prohibit the employment by an off-sale retailer of persons who are at least sixteen years of age to check out, if supervised by a person on the premises who is at least eighteen years of age, package or carry merchandise, including spirituous liquor, in unbroken packages, for the convenience of the customer of the employer, if the employer sells primarily merchandise other than spirituous liquor.

10.

For a licensee to employ a person under eighteen years of age to manufacture, sell or dispose of spirituous liquors.  This paragraph does not prohibit the employment by an off-sale retailer of persons who are at least sixteen years of age to check out, if supervised by a person on the premises who is at least eighteen years of age, package or carry merchandise, including spirituous liquor, in unbroken packages, for the convenience of the customer of the employer, if the employer sells primarily merchandise other than spirituous liquor.

11.

For an on-sale retailer to employ a person under eighteen years of age in any capacity connected with the handling of spirituous liquors.  This paragraph does not prohibit the employment by an on-sale retailer of a person under eighteen years of age who cleans up the tables on the premises for reuse, removes dirty dishes, keeps a ready supply of needed items and helps clean up the premises.

12.

For a licensee, when engaged in waiting on or serving customers, to consume spirituous liquor or for a licensee or on-duty employee to be on or about the licensed premises while in an intoxicated or disorderly condition.

13.

For an employee of a retail licensee, during that employee's working hours or in connection with such employment, to give to or purchase for any other person, accept a gift of, purchase for the employee or consume spirituous liquor, except that:

(a) An employee of a licensee, during that employee's working hours or in connection with the employment, while the employee is not engaged in waiting on or serving customers, may give spirituous liquor to or purchase spirituous liquor for any other person.

(b) An employee of an on-sale retail licensee, during that employee's working hours or in connection with the employment, while the employee is not engaged in waiting on or serving customers, may taste samples of beer or wine of not more than four ounces per day or distilled spirits of not more than two ounces per day provided by an employee of a wholesaler or distributor who is present at the time of the sampling.

(c) An employee of an on-sale retail licensee, under the supervision of a manager as part of the employee's training and education, while not engaged in waiting on or serving customers may taste samples of distilled spirits of not more than two ounces per educational session or beer or wine of not more than four ounces per educational session, and provided that a if the licensee does not have more than two educational sessions in any thirty-day period.

(d) An unpaid volunteer who is a bona fide member of a club and who is not engaged in waiting on or serving spirituous liquor to customers may purchase for himself and consume spirituous liquor while participating in a scheduled event at the club.

An unpaid participant in a food competition may purchase for himself and consume spirituous liquor while participating in the food competition.

(e) An unpaid volunteer of a special event licensee under section 4-203.02 may purchase and consume spirituous liquor while not engaged in waiting on or serving spirituous liquor to customers at the special event.  This subdivision does not apply to an unpaid volunteer whose responsibilities include verification of a person's legal drinking age, security or the operation of any vehicle or heavy machinery.

14.

For a licensee or other person to serve, sell or furnish spirituous liquor to a disorderly or obviously intoxicated person, or for a licensee or employee of the licensee to allow or permit a disorderly or obviously intoxicated person to come into or remain on or about the premises, except that a licensee or an employee of the licensee may allow an obviously intoxicated person to remain on the premises for not more than thirty minutes after the state of obvious intoxication is known or should be known to the licensee for a nonintoxicated person to transport the obviously intoxicated person from the premises.

For the purposes of this section, "obviously intoxicated" means inebriated to the extent that a person's physical faculties are substantially impaired and the impairment is shown by significantly uncoordinated physical action or significant physical dysfunction that would have been obvious to a reasonable person.

15.

For an on-sale or off-sale retailer or an employee of such a retailer to sell, dispose of, deliver or give spirituous liquor to a person between the hours of 2:00 a.m.

and 6:00 a.m., except that a retailer with off-sale privileges may receive and process orders, accept payment or package, load or otherwise prepare spirituous liquor for delivery at any time, if the actual deliveries to customers are made between the hours of 6:00 a.m.

and 2:00 a.m., at which time section 4-241, subsections A and K apply.

16.

For a licensee or employee to knowingly permit allow any person on or about the licensed premises to give or furnish any spirituous liquor to any person under twenty-one years of age or knowingly permit allow any person under twenty-one years of age to have in the person's possession spirituous liquor on the licensed premises.

17.

For an on-sale retailer or an employee of such a retailer to allow a person to consume or possess spirituous liquors on the premises between the hours of 2:30 a.m.

and 6:00 a.m.

18.

For an on-sale retailer to permit allow an employee or for an employee to solicit or encourage others, directly or indirectly, to buy the employee drinks or anything of value in the licensed premises during the employee's working hours.

An on-sale retailer shall not serve employees or allow a patron of the establishment to give spirituous liquor to, purchase liquor for or drink liquor with any employee during the employee's working hours.

19.

For an off-sale retailer or employee to sell spirituous liquor except in the original unbroken container, to permit allow spirituous liquor to be consumed on the premises or to knowingly permit allow spirituous liquor to be consumed on adjacent property under the licensee's exclusive control.

20.

For a person to consume spirituous liquor in a public place, thoroughfare or gathering.

The license of a licensee permitting allowing a violation of this paragraph on the premises shall be is subject to revocation.

This paragraph does not apply to the sale of spirituous liquors on the premises of and by an on-sale retailer.

This paragraph also does not apply to a person consuming beer or wine from a broken package in a public recreation area or on private property with permission of the owner or lessor or on the walkways surrounding such private property or to a person consuming beer or wine from a broken package in a public recreation area as part of a special event or festival that is conducted under a license secured pursuant to section 4-203.02 or 4-203.03.

21.

For a person to have possession of possess or to transport spirituous liquor that is manufactured in a distillery, winery, brewery or rectifying plant contrary to the laws of the United States and this state.

Any property used in transporting such spirituous liquor shall be forfeited to the state and shall be seized and disposed of as provided in section 4-221.

22.

For an on-sale retailer or employee to allow a person under the legal drinking age to remain in an area on the licensed premises during those hours in which its primary use is the sale, dispensing or consumption of alcoholic beverages after the licensee, or the licensee's employees, know or should have known that the person is under the legal drinking age.

An on-sale retailer may designate an area of the licensed premises as an area in which spirituous liquor will not be sold or consumed for the purpose of allowing underage persons on the premises if the designated area is separated by a physical barrier and at no time will underage persons have access to the area in which spirituous liquor is sold or consumed.

A licensee or an employee of a licensee may require a person who intends to enter a licensed premises or a portion of a licensed premises where persons under the legal drinking age are prohibited under this section to exhibit an instrument of identification that is acceptable under section 4-241 as a condition of entry or may use a biometric identity verification device to determine the person's age as a condition of entry.

The director, or a municipality, may adopt rules to regulate the presence of underage persons on licensed premises provided the rules adopted by a municipality are more stringent than those adopted by the director.

The rules adopted by the municipality shall be adopted by local ordinance and shall not interfere with the licensee's ability to comply with this paragraph.

This paragraph does not apply:

(a) If the person under the legal drinking age is accompanied by a spouse, parent or legal guardian of legal drinking age or is an on-duty employee of the licensee.

(b) If the owner, lessee or occupant of the premises is a club as defined in section 4-101, paragraph 8  9, subdivision (a) and the person under the legal drinking age is any of the following:

(i) An active duty military service member.

(ii) A veteran.

(iii) A member of the United States army national guard or the United States air national guard.

(iv) A member of the United States military reserve forces.

(c) To the area of the premises used primarily for the serving of food during the hours when food is served.

23.

For an on-sale retailer or employee to conduct drinking contests, to sell or deliver to a person an unlimited number of spirituous liquor beverages during any set period of time for a fixed price, to deliver more than fifty ounces of beer, one liter of wine or four ounces of distilled spirits in any spirituous liquor drink to one person at one time for that person's consumption or to advertise any practice prohibited by this paragraph.

The provisions of This paragraph do does not prohibit an on-sale retailer or employee from selling and delivering an opened, original container of distilled spirits if:

(a) Service or pouring of the spirituous liquor is provided by an employee of the on-sale retailer.

(b) The employee of the on-sale retailer monitors consumption to ensure compliance with this paragraph.

Locking devices may be used, but are not required.

24.

For a licensee or employee to knowingly permit allow the unlawful possession, use, sale or offer for sale of narcotics, dangerous drugs or marijuana on the premises.