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New rules for alcohol in the Sun Cities

Clubs may not have BYOB option

Posted 1/28/20

Recreation centers and sanctioned club officials in the Sun Cities will have to take a different approach to some of their events that include alcohol.

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New rules for alcohol in the Sun Cities

Clubs may not have BYOB option

Posted

Recreation centers and sanctioned club officials in the Sun Cities will have to take a different approach to some of their events that include alcohol.

Some clubs host events in which attendees can and are encouraged to bring their own alcoholic beverages. But that will not be allowed under new rules laid down by the Arizona Department of Liquor Licenses and Control, according to Mark Sahl, an attorney with Carpenter Hazelwood.

“The liquor department (officials have) changed their mind twice on this in the past few years,” Mr. Sahl said during a Jan. 10 presentation to the Recreation Centers of Sun City West board.

Liquor department officials now rule that non-businesses an HOA, association or sanctioned club cannot have BYOB at events under four specific circumstances. These are if food and beverages are sold, entertainment is provided, a membership fee or coverage is required for event admission or a minimum purchase or rental requirement for goods and services is charged.

Recreation Centers of Sun City officials are aware of the situation and are researching its ramifications, according to Joelyn Higgins, RCSC communications and marketing coordinator.

“This issue is currently being reviewed and RCSC is not prepared to make a statement at this time,” she stated in an email.

Bill Schwind, RCSCW general manager, reported to the board during its Jan. 23 meeting that rec centers officials and clubs will operate as they have without making any changes for the time being.

Mr. Sahl said associations do not fit well within the existing statutory framework. He also said it is possible for club or association officers to obtain temporary Series 15 liquor licenses for events that allow alcohol. However, state law requires an organization to have a 501(3)(c) status to get a Series 15 license.

ALLC officials believe whether a club or association could allow alcohol at events depends on the circumstances and varies from association to association, according to a written advisory from John Cocca, ALLC director, dated Aug. 13, 2019. He also stated it is important for association officials to stay abreast of the law.

“Title IV liquor laws are regularly amended and this advisory references statutes and rules in effect on the above date (Aug. 13, 2019),” Mr. Cocca stated. “Changes to statutes and rules might affect the citations herein or the analysis.”

He added department officials will review any event where alcohol consumption is allowed on association property to determine if the unique circumstances meet one of the four criteria.

“It is up to each (association) to seek independent legal advice regarding whether a planned event will satisfy one of the criteria,” Mr. Cocca stated.

Spectrum Association Management, a Phoenix company, officials advise association leaders to err on the side of caution.

“Spectrum’s counsel is to never allow alcohol at community events,” officials stated on their website. “The risks far outweigh the benefit.”

Spectrum officials believe designating an event as BYOB could lessen the risk because that means the association is not providing the alcohol. But that may be clouded by the latest ALLC interpretation of the law and rules, according to Mr. Sahl.

Spectrum officials suggest if events do include alcohol that association officials take steps to lessen the risk. These steps could include establishing a two-drink limit, serving or allowing only beer or wine, ensuring that the premises are safe, restricting the event to those of legal drinking age, refraining from serving a visibly intoxicated person and stopping alcohol service in advance of the event’s ending time.