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Arizona Fencing Licensing Law

Arizona Code · 12 sections

The following is the full text of Arizona’s fencing licensing law statutes as published in the Arizona Code. For the official version, see the Arizona Legislature.


A.R.S. § 11-00324

11-324 - Building permits; hoophouses; polyhouses; exemption; existing zoning regulations; compliance; administrative review; definitions

11-324. Building permits; hoophouses; polyhouses; exemption; existing zoning regulations; compliance; administrative review; definitions

A. Notwithstanding any other law, construction of a hoophouse or polyhouse is exempt from county building permit requirements if the hoophouse or polyhouse meets all of the following requirements:

  1. The structure does not have a permanent anchoring system. The structure shall be anchored in a way that allows removal and relocation of the structure at the discretion of the property owner and in a manner that prevents unintended detachment or relocation.

  2. There is no temporary or permanent storage of solvents, fertilizers, gases or other chemicals or flammable materials.

  3. The structure is not wider than thirty-one feet and there is an unobstructed path of not more than one hundred fifty feet from any point to a door or fully accessible wall.

  4. The covering of the structure is of material not greater than twelve mils in thickness, that conforms to the national fire protection association standard methods of fire tests for flame propagation of textiles and films (NFPA 701) and that yields approximately four pounds of maximum impact resistance to provide egress through the wall.

B. Notwithstanding subsection A of this section, if a hoophouse or polyhouse is located on a lot less than one acre in size within a residential community, a county may adopt an ordinance to regulate the structure's height above the fence line.

C. Notwithstanding subsection A of this section, if a hoophouse or polyhouse contains a device that is subject to existing county electrical or mechanical codes and regulations, a permit shall be required for the device. If the hoophouse or polyhouse is connected to a potable water system, a permit shall be required for the backflow prevention devices contained within the potable water system.

D. Notwithstanding subsection A of this section, a hoophouse or polyhouse shall comply with all height, setback and lot coverage requirements contained in the county zoning and land use regulations for detached accessory buildings or structures.

E. A county may establish an administrative review process for a hoophouse or polyhouse constructed pursuant to this section and may require a person who intends to build a hoophouse or polyhouse to submit to the county documentation that contains information regarding the construction of the hoophouse or polyhouse, including the materials being used, so the county may determine if the planned construction meets the requirements of this section.

F. For the purposes of this section:

  1. "Hoophouse" or "polyhouse" means a greenhouse used exclusively for producing and storing live plants.

  2. "Permanent anchoring system":

(a) Means a structurally engineered assembly of components designed to affix a structure to the ground on a permanent basis.

(b) Includes permanent foundations and anchors.


A.R.S. § 11-00861

11-861 - Adoption of codes by reference; limitations; method of adoption; fire sprinklers; fire apparatus access roads or approved routes; intent; state preemption; fire watch requirements; pool barrier gates; refrigerants

11-861. Adoption of codes by reference; limitations; method of adoption; fire sprinklers; fire apparatus access roads or approved routes; intent; state preemption; fire watch requirements; pool barrier gates; refrigerants

A. In any county that has adopted zoning pursuant to this chapter, the board of supervisors may adopt and enforce, for the unincorporated areas of the county so zoned, a building code and other related codes to regulate the quality, type of material and workmanship of all aspects of construction of buildings or structures, except that the board may authorize that areas zoned rural or unclassified may be exempt from the provisions of the code adopted. The codes may be adopted by reference after notice and hearings before the county planning and zoning commission and board of supervisors as provided in this chapter for amendments to the zoning ordinance of the county.

B. The board of supervisors may adopt a fire prevention code in the unincorporated areas of the county in which a fire district has not adopted a nationally recognized fire code pursuant to section 48-805. Any fire code adopted by a board of supervisors pursuant to this subsection shall remain in effect until a fire district is established and adopts a code applicable within the boundaries of the district.

C. For the purposes of this article, codes authorized by subsections A and B of this section shall be limited to the following:

  1. Any building, electrical, plumbing or mechanical code that has been adopted by any national organization or association that is organized and conducted for the purpose of developing codes or that has been adopted by the largest city in that county. If the board of supervisors adopts a city code, it shall adopt, within ninety days after receiving a written notification of a change to the city code, the same change or shall terminate the adopted city code.

  2. Any fire prevention code that has been adopted by a national organization or association organized or conducted for the purpose of developing fire prevention codes and that is as stringent as the state fire code adopted pursuant to section 37-1383.

D. The board of supervisors may adopt a current wildland-urban interface code. The code may be adapted from a model code adopted by a national or international organization or association for mitigating the hazard to life and property. The board must follow written public procedures in developing and adopting the code and any revisions to the code to provide effective, early and continuous public participation through:

  1. The broad dissemination and publicity of the proposed code and any revisions to the code.

  2. The opportunity for submission and consideration of written public comments.

  3. Open discussions, communications programs and information services.

  4. Consultation with federal agencies and state and local officials.

E. The board of supervisors shall not adopt a code or ordinance or part of a uniform code or ordinance that prohibits a person or entity from choosing to install or equip or not install or equip fire sprinklers in a single-family detached residence or any residential building that contains not more than two dwelling units. The board of supervisors shall not impose any fine, penalty or other requirement on any person or entity for choosing to install or equip or not install or equip fire sprinklers in such a residence. This subsection does not apply to any code or ordinance that requires fire sprinklers in a residence and that was adopted before December 31, 2009. The provisions of this subsection shall be included on all fire sprinkler permit applications that are for a single-family detached residence or any residential building that contains not more than two dwelling units.

F. A fire sprinkler permit application may be in either print or electronic format.

G. A board of supervisors may not adopt any, or part of any, fire code, ordinance, stipulation or other legal requirement for an approved fire apparatus access road or a fire apparatus access road extension, or both, or an approved route or a route extension, or both, that directly or indirectly requires a one or two family residence or a utility or miscellaneous accessory building or structure to install fire sprinklers. A fire code official may increase or extend an approved fire apparatus access road or a fire apparatus access road extension, or both, or an approved route or a route extension, or both, to comply with this subsection. Compliance with this subsection is not grounds to deny or suspend a license or permit. This subsection may be enforced in a private civil action and relief, including an injunction, may be awarded against a county. The court shall award reasonable attorney fees, damages, lost opportunity costs, interest and the cost of the sprinkler system to a party that prevails in an action against a county for a violation of this subsection. The legislature finds and determines that property rights are a matter of statewide concern and a fundamental element of freedom. A property owner's right to use the property owner's property must be protected from unreasonable abridgment by county regulation and enforcement. This subsection supersedes and preempts any regulation adopted by a county regarding an approved fire apparatus access road, fire apparatus access road extension, approved route or route extension. For the purposes of this subsection:

  1. "Fire code" includes the international fire code, however denominated.

  2. "Utility or miscellaneous accessory building or structure" includes an agricultural building, aircraft hangar, accessory to a residence, barn, carport, fence that is more than six feet high, grain silo, greenhouse, livestock shelter, private garage, retaining wall, shed, stable, tank or tower.

H. If a fire code adopted by a board of supervisors requires the use of a fire watch, an employee who works at the building in which a fire watch is required may serve as the fire watch. A person who is designated as a fire watch shall be equipped with means to contact the local fire department, and the person's only duty while keeping watch for fires shall be to perform constant patrols of the protected premises. The county shall provide the fire watch with printed instructions from the office of the state fire marshal and may provide a free training session before the person's deployment as the fire watch begins. For the purposes of this subsection, "fire watch" means a person who is stationed in a building or in a place relative to a building to observe the building and its openings when the fire protection system for the building is temporarily nonoperational or absent.

I. From and after December 31, 2014, a code or ordinance or part of a uniform code or ordinance that is adopted by the board of supervisors applies to locking devices for pool barrier gates used for means of ingress or egress for semipublic swimming pools. Any new construction or major renovation of a semipublic swimming pool from and after December 31, 2014 must meet the requirements of the code or ordinance or part of the uniform code or ordinance that is adopted by the board of supervisors. This subsection does not apply to a locking device for a pool barrier gate used for means of ingress or egress for a semipublic swimming pool that was installed before January 1, 2015, if the locking device meets the requirements prescribed in section 36-1681, subsection B, paragraph 3.

J. Any code, ordinance or general or specific plan provision or part of a code, ordinance or general or specific plan provision adopted by a county may not prohibit the use of refrigerants that are listed as acceptable pursuant to the clean air act (69 Stat. 322; 42 United States Code section 7671k) if the equipment used is listed and installed in accordance with the use conditions prescribed in the clean air act.


A.R.S. § 12-00556

12-556 - Limited liability; closedcourse motor sport facility owners, lessors and operators; definitions

12-556. Limited liability; closed-course motor sport facility owners, lessors and operators; definitions

A. A person who operates a closed-course motor sport facility may require a nongeneral spectator to sign a motor sport liability release form as a condition of admission into any nongeneral spectator area of the facility. A person or entity that owns, leases or operates a closed-course motor sport facility or that sponsors the motor sport event is not liable for an injury to or the death of a nongeneral spectator, unless the injury or death is a direct result of intentional misconduct or gross negligence, if the nongeneral spectator both:

  1. Signed a motor sport liability release form.

  2. Was injured within a nongeneral spectator area during the period of time covered by the motor sport liability release form.

B. A motor sport liability release form shall be in at least eight point type. More than one person may sign a motor sport liability release form if the release form appears on each page or side of a page that is signed.

C. For the purposes of this section:

  1. "Closed-course motor sport facility" means a closed-course speedway or racetrack that is designed and intended for motor vehicle competition, exhibitions of speed or other forms of recreation involving the use of motor vehicles.

  2. "Motor vehicle" means an automobile, motorcycle or other vehicle that is propelled by power, other than muscular power, that is used to transport persons and that operates within the confines of a closed-course motor sport track.

  3. "Nongeneral spectator" means an event participant or attendee who seeks admission into the nongeneral spectator area.

  4. "Nongeneral spectator area" means a posted area within a closed-course motor sport facility to which all of the following apply:

(a) Admission to the area is conditioned on signing a motor sport liability release form.

(b) The area is intended for event participants.

(c) The area excludes the general spectator area. For the purposes of this subdivision, "general Spectator area" means an area within a closed-course motor sport facility that is open to the general public, whether or not admission is charged, and to which the general public has unrestricted access, including grandstands and other general admission seating or viewing areas.

  1. "Posted" means a nongeneral spectator area:

(a) That is enclosed by a fence or wall at least six feet high in all areas where nonparticipants may gain entry and at least three feet high in any other area.

(b) In which signs with lettering at least four inches high reading "nongeneral spectator area" are displayed not more than five hundred feet from the entrance to the nongeneral spectator area and at each entrance to the nongeneral spectator area.

  1. "Release" means a document that a nongeneral spectator signs before entering a nongeneral spectator area in a closed-course motor sport facility and that acknowledges that the nongeneral spectator is aware of the inherent risks associated with the nongeneral spectator's activities, is willing and able to accept full responsibility for the spectator's own safety and welfare and releases the owner or entity that owns, leases or operates the facility or that sponsors the motor sport event from liability pursuant to subsection A. Â

A.R.S. § 12-00781

12-781 - Transportation or storage of firearms; motor vehicles; applicability

12-781. Transportation or storage of firearms; motor vehicles; applicability

A. A property owner, tenant, public or private employer or business entity shall not establish, maintain or enforce a policy or rule that prohibits a person from lawfully transporting or lawfully storing any firearm that is both:

  1. In the person's locked and privately owned motor vehicle or in a locked compartment on the person's privately owned motorcycle.

  2. Not visible from the outside of the motor vehicle or motorcycle.

B. Any policy or rule that is established or maintained or the attempted enforcement of any policy or rule that is in violation of subsection A is contrary to public policy, is null and void and does not have legal force or effect.

C. This section does not apply if:

  1. The possession of the firearm is prohibited by federal or state law.

  2. The motor vehicle is owned or leased by a public or private employer or business entity and is used by an employee in the course of the employment, unless the employee is required to store or transport a firearm in the official discharge of the employee's duties or if the public or private employer or business entity consents to the transportation or storage of the firearm.

  3. The property owner, tenant, public or private employer or business entity provides a parking lot, parking garage or other area designated for parking motor vehicles, that:

(a) Is secured by a fence or other physical barrier.

(b) Limits access by a guard or other security measure.

(c) Provides temporary and secure firearm storage. The storage shall be monitored and readily accessible on entry into the premises and allow for the immediate retrieval of the firearm on exit from the premises.

  1. The property owner's, tenant's, public or private employer's or business entity's compliance with this section necessitates the violation of another applicable federal or state law or regulation.

  2. The property owner, tenant, public or private employer or business entity is a nuclear generating station that provides a secured and gated or fenced parking lot, parking garage or other area designated for parking motor vehicles and provides temporary and secure firearm storage. The storage shall be readily accessible on entry into the premises and allow for the immediate retrieval of the firearm on exit from the premises.

  3. The parking lot, parking garage or other area designated for parking motor vehicles is on an owner occupied single family detached residence or a tenant occupied single family detached residence.

  4. The property owner, tenant, public or private employer or business entity is a current United States department of defense contractor and the property is located in whole or in part on a United States military base or a United States military installation. If any part of the property is not located on the United States military base or United States military installation, the property shall be contiguous with the base or installation.

  5. The property owner, tenant, public or private employer or business entity provides alternative parking in a location reasonably proximate to the primary parking area for individuals who desire to transport or store a firearm in the individual's motor vehicle and does not charge an extra fee for such parking.


A.R.S. § 17-00304

17-304 - Prohibition by landowner on hunting, fishing, trapping or guiding; trespassing; posting; requirements

17-304. Prohibition by landowner on hunting, fishing, trapping or guiding; trespassing; posting; requirements

A. Landowners or lessees of private land who desire to prohibit hunting, fishing, trapping or guiding on their lands without their permission shall post such lands closed to hunting, fishing, trapping or guiding using notices or signboards.

B. State or federal lands, including those under lease, may not be posted except by consent of the commission.

C. The notices or signboards shall meet all of the following criteria:

  1. Be at least eight inches by eleven inches with plainly legible wording in capital and bold-faced lettering at least one inch high.

  2. Contain the words "no trespassing", "no hunting", "no trapping", "no fishing" or "no guiding" either as a single phrase or in any combination.

  3. Be conspicuously placed on a structure or post at all points of vehicular access, at all property or fence corners and at intervals of not more than one-quarter mile along the property boundary, except that a post with one hundred square inches or more of orange paint may serve as the interval notices between property or fence corners and points of vehicular access. The orange paint shall be clearly visible and shall cover the entire aboveground surface of the post facing outward and on both lateral sides from the closed area.

D. The entry of any person for the taking of wildlife is not grounds for an action for criminal trespassing pursuant to section 13-1502 unless either:

  1. The land has been posted pursuant to this section and the notices and signboards also contain the words "no trespassing".

  2. The person knowingly remains unlawfully on any real property after a reasonable request to leave by a law enforcement officer acting at the request of the owner, the owner or any other person having lawful control over the property or the person knowingly disregards reasonable notice prohibiting entry to any real property.


A.R.S. § 23-00230

23-230 - Definitions

23-230. Definitions

In this article, unless the context otherwise requires:

  1. "Automatic elevator" means a passenger or freight lift operated by push buttons so that the starting, moving, leveling, holding and opening and closing of the doors is entirely automatic.

  2. "Clay construction product" means brick, hollow structural tile, sewer pipe, refractories, architectural terra cotta, glazed structural tile, roofing tile, stove lining, chimney pipes and tops, wall coping and drain tile.

  3. "Construction" means building, altering, repairing, adding to, subtracting from, improving, moving, wrecking or demolishing a building, highway, road, railroad, excavation or other structure, project, development or improvement, including the erection and use of scaffolding or a similar structure and providing mechanical or structural service for a structure, project, development or improvement.

  4. "Elevator" means a power-driven hoisting or lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction. Elevator does not include dumbwaiters.

  5. "Explosive" means ammunition, black powder, blasting caps, fireworks or any substance or combination of substances commonly used for the purpose of detonation and which, on exposure to any external force or condition, is capable of a relatively instantaneous release of gas and heat.

  6. "Hazardous agricultural chemicals" means any substance that has a toxicity level that requires manufacturer or distributor labeling as category I, category II and category III toxicity in accordance with the regulations adopted by the administrator pursuant to the federal environmental pesticide control act of 1972, as amended.

  7. "Logging" means felling timber, bucking or converting timber into logs, poles, piles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood, fence posts or similar products, collecting, skidding, yarding, loading, transporting and unloading such products, constructing, repairing and maintaining roads, railroads, flumes or camps used in connection with logging, moving, installing, rigging and maintenance of machinery or equipment used in logging, operation of a sawmill, lath mill, shingle mill or cooperage stock mill in connection with the storing of logs and bolts, converting logs or bolts into sawed lumber, laths, shingles or cooperage stock and storing, drying and shipping lumber, laths, shingles and cooperage stock or other products of such mills.

  8. "Manufacturing" means designing, assembling, fabricating, producing, constructing or preparing a product or part of a product before sale or use.

  9. "Mine or quarry" means an underground or surface rock or mineral extracting, placer, dredging or bore-hole operation including all grinding and metal mills, washer plants and any other cutting, crushing, grinding, screening, sizing, washing or cleaning operation performed on extracted rocks or minerals.

  10. "Motor vehicle" means an automobile, truck, truck tractor, trailer, semitrailer, motorcycle or similar vehicle propelled or drawn by mechanical power and designed for use as a means of transportation. Motor vehicle does not include a vehicle operated exclusively on rails.

  11. "Outside helper" means a person who rides on a motor vehicle other than in the driver or passenger compartment for the purpose of transporting, loading or unloading items.

  12. "Power-driven bakery machine" means a horizontal or vertical dough mixer, batter mixer, bread dividing, rounding or molding machine, dough brake, dough sheeter, combination bread slicing and wrapping machine, cake cutting band saw, cookie machine or cracker machine.

  13. "Power-driven hoist" means an apparatus for raising or lowering a load by the application of a pulling or pushing force including a crane, derrick or forklift. Power-driven hoist does not include an elevator or an automatic elevator.

  14. "Power-driven meat processing machine" means a meat patty forming machine, meat and bone cutting saw or knife, head splitter, guillotine cutter, snout puller, jaw puller, skinning machine, horizontal rotary washing machine, casing cleaning machine, grinding, mixing, chopping and hashing machines and meat presses.

  15. "Power-driven metal working, forming, punching or shearing machine" means a machine, other than machine tools, which changes the shape of or cuts metal by means of dies, rolls, knives or similar tools which are mounted on rams, plungers or other moving parts.

  16. "Power-driven paper products machine" means a platen die-cutting press, platen printing press, punch press which involves hand feeding of the machine, arm-type wirestitcher or stapler, circular or band saw, corner cutter or mitering machine, corrugating and single or double-lacing machine, envelope die-cutting press, guillotine paper cutter or shear, horizontal bar scorer, laminating or combining machine, sheeting machine, scrap paper baler or vertical slotter or other machine used in the remanufacture or conversion of paper or pulp into a finished product.

  17. "Power-driven woodworking machine" means a fixed or portable machine or tool driven by power and used or designed for cutting, shaping, forming, surfacing, nailing, stapling, wire stitching, fastening, assembling, pressing or printing wood or veneer.

  18. "Processing" means an activity involving an addition to, subtraction from, change in or cleaning of any food or foodstuff including filleting fish, dressing poultry or cracking nuts.

  19. "Radiation" means ionizing radiation including gamma rays, x-rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles or rays.

  20. "Radioactive substance" means a solid, liquid or gaseous material or materials that spontaneously emit radiation.

  21. "Roofing" means all work performed in connection with the application of weatherproofing materials and substances, including tar, pitch, asphalt, prepared paper, tile, slate, metal, translucent materials and shingles of asbestos, asphalt or wood, to roofs of buildings and other structures. Roofing includes all work performed in connection with installation of roofs, including related metal work, and alterations, additions, maintenance and repair including painting and coating of roofs.

  22. "Silica refractory products" means items produced from raw materials and containing free silica as their main constituent.

  23. "Warehousing" means loading, unloading, storing or otherwise moving any item or items to and from trucks, railroad cars, conveyors and buildings.

  24. "Wrecking, demolition and shipbreaking" means all work, including cleanup and salvage work, performed on or at the site of the total or partial razing, demolishing or dismantling of a building, bridge, steeple, tower, chimney, other structure, motor vehicle, ship or other vessel.


A.R.S. § 3-00162

3-162 - Arizona register of heritage agriculture; qualifying criteria; definition

3-162. Arizona register of heritage agriculture; qualifying criteria; definition

A. The Arizona register of heritage agriculture is established.

B. Any person may apply in writing to the historical advisory commission to nominate agricultural property in this state for listing on the register. If the person nominating the property is not the current owner of the property, the nomination must include the current owner’s written assent to the nomination.

C. To qualify for listing on the register, the agricultural property must meet both of the following requirements:

  1. The property must comprise at least ten acres of real property that has been owned by the same family and in continuous commercial agricultural production for at least fifty years. Property that has been in active production may qualify regardless of occasional periods of inactivity due to:

(a) Acts of God.

(b) Federal farm conservation programs.

(c) Crop rotation practices.

(d) Generally accepted range management and pasture rotation practices.

(e) Temporarily inadequate water supplies.

  1. The property must include at least one house, barn, shed, crib, granary, silo, windmill or fence that is at least twenty-five years old.

D. For purposes of this section, "family" includes individuals or a trust, estate, corporation, partnership, joint venture or similar entity or combination of entities, if the individuals or at least eighty per cent of the beneficiaries, shareholders, partners or joint venturers share a family relationship as parents or ancestors of parents, children or descendants of children, siblings, cousins of the first degree, aunts, uncles, nieces or nephews of the first degree, spouses of any of the listed relatives and listed relatives by the half-blood or by adoption.


A.R.S. § 4-00207

4-207 - Restrictions on licensing premises near school buildings; definition

4-207. Restrictions on licensing premises near school buildings; definition

A. A retailer's license shall not be issued for any premises that are, at the time the license application is received by the director, within three hundred horizontal feet of a public or private school building with kindergarten programs or any of grades one through twelve or within three hundred horizontal feet of a fenced recreational area adjacent to such school building. This section does not prohibit the renewal of a valid license issued pursuant to this title if, on the date that the original application for the license is filed, the premises were not within three hundred horizontal feet of a public or private school building with kindergarten programs or any of grades one through twelve or within three hundred horizontal feet of a fenced recreational area adjacent to such school building.

B. Subsection A of this section does not apply to a:

  1. Restaurant issued a license pursuant to section 4-205.02, subject to the limitations in section 4-205.02, subsection H for a permit allowing for the sale of beer for consumption off of the licensed premises pursuant to section 4-244, paragraph 32, subdivision (c).

  2. Special event license issued pursuant to section 4-203.02.

  3. Hotel-motel issued a license pursuant to section 4-205.01.

  4. Government license issued pursuant to section 4-205.03.

  5. Playing area of a golf course issued a license pursuant to this article.

  6. Beer and wine license at a nonprofit performing arts theatre with a permanent seating capacity of at least two hundred fifty persons.

  7. Craft producer festival license or craft producer fair license issued pursuant to section 4-203.03.

C. Notwithstanding subsection A of this section:

  1. A transferable spirituous liquor license that is validly issued and that is, on the date an application for a transfer is filed, within three hundred horizontal feet of a public or private school building with kindergarten programs or any of grades one through twelve or within three hundred horizontal feet of a fenced recreational area adjacent to such school building may be transferred person to person pursuant to sections 4-201, 4-202 and 4-203 and remains in full force until the license is terminated in any manner, unless renewed pursuant to section 4-209, subsection A.

  2. A person may be issued a spirituous liquor license pursuant to sections 4-201, 4-202 and 4-203 of the same class for premises that, on the date the application is filed, have a valid transferable or nontransferable license of the same series if the premises are, on the date an application for the license is filed, within three hundred horizontal feet of a public or private school building with kindergarten programs or any of grades one through twelve or within three hundred horizontal feet of a fenced recreational area adjacent to such school building and the license remains in full force until the license is terminated in any manner, unless renewed pursuant to section 4-209, subsection A.

  3. A person may be issued a liquor store license pursuant to sections 4-201, 4-202, 4-203 and 4-206.01 for premises that have a beer and wine store license validly issued if the premises, on the date an application for such license is filed, are within three hundred horizontal feet of a public or private school building with kindergarten programs or any of grades one through twelve or within three hundred horizontal feet of a fenced recreational area adjacent to such school building and the license remains in full force until the license is terminated in any manner, unless renewed pursuant to section 4-209, subsection A.

  4. The governing body of a city or town, on a case-by-case basis, may approve an exemption from the distance restrictions prescribed in this section for a public or private school that is located in an area that is designated an entertainment district by the governing body of that city or town. A city or town with a population of at least five hundred thousand persons may designate not more than three entertainment districts within the boundaries of the city or town pursuant to this paragraph. A city or town with a population of at least two hundred thousand persons but less than five hundred thousand persons may designate not more than two entertainment districts within the boundaries of the city or town pursuant to this paragraph. A city or town with a population of less than two hundred thousand persons may designate not more than one entertainment district within the boundaries of the city or town pursuant to this paragraph.

  5. A person may be issued a beer and wine store license pursuant to sections 4-201, 4-202, 4-203 and 4-206.01 for premises that have a liquor store license validly issued if the premises, on the date of an application for which the license is filed, are within three hundred horizontal feet of a public or private school building with kindergarten programs or any of grades one through twelve or within three hundred horizontal feet of a fenced recreation area adjacent to such school building and the license remains in full force until the license is terminated in any manner, unless renewed pursuant to section 4-209, subsection A.

D. For the purposes of this section, "entertainment district" means a specific contiguous area that is designated an entertainment district by a resolution adopted by the governing body of a city or town, that consists of not more than one square mile, that is not less than one-eighth of a mile in width and that contains a significant number of entertainment, artistic and cultural venues, including music halls, concert facilities, theaters, arenas, stadiums, museums, studios, galleries, restaurants, bars and other related facilities.


A.R.S. § 5-00554

5-554 - Commission; director; powers and duties; definitions

5-554. Commission; director; powers and duties; definitions

A. The commission shall meet with the director not less than once each quarter to make recommendations and set policy, receive reports from the director and transact other business properly brought before the commission.

B. The commission shall oversee a state lottery to produce the maximum amount of net revenue consonant with the dignity of the state. To achieve these ends, the commission shall authorize the director to adopt rules in accordance with title 41, chapter 6. Rules adopted by the director may include the following:

  1. Subject to the approval of the commission, the types of lottery games and the types of game play-styles to be conducted.

  2. The method of selecting the winning tickets or shares for noncomputerized online games, except that a method may not be used that, in whole or in part, depends on the results of a dog race, a horse race, any gaming activity conducted pursuant to the 2021 tribal-state gaming compact amendments or any sports event or other event.

  3. The manner of payment of prizes to the holders of winning tickets or shares, including providing for payment by the purchase of annuities in the case of prizes payable in installments, except that the commission staff shall examine claims and may not pay any prize based on altered, stolen or counterfeit tickets or based on any tickets that fail to meet established validation requirements, including rules stated on the ticket or in the published game rules, and confidential validation tests applied consistently by the commission staff. No particular prize in a lottery game may be paid more than once, and in the event of a binding determination that more than one person is entitled to a particular prize, the sole remedy of the claimants is the award to each of them of an equal portion of the single prize.

  4. The method to be used in selling tickets or shares, except that no elected official's name may be printed on the tickets or shares. The overall estimated odds of winning some prize or some cash prize, as appropriate, in a given game shall be printed on each ticket or share.

  5. The licensing of agents to sell tickets or shares, except that a person who is under eighteen years of age shall not be licensed as an agent.

  6. The manner and amount of compensation to be paid licensed sales agents necessary to provide for the adequate availability of tickets or shares to prospective buyers and for the convenience of the public, including provision for variable compensation based on sales volume.

  7. Matters necessary or desirable for the efficient and economical operation and administration of the lottery and for the convenience of the purchasers of tickets or shares and the holders of winning tickets or shares.

  8. The licensing of authorized keno locations, including the persons that control the business or other activity conducted at an authorized keno location.

C. The commission shall authorize the director to issue orders and shall approve orders issued by the director for the necessary operation of the lottery. Orders issued under this subsection may include the following:

  1. The prices of tickets or shares in lottery games.

  2. The themes, game play-styles, and names of lottery games and definitions of symbols and other characters used in lottery games, except that each ticket or share in a lottery game shall bear a unique distinguishable serial number.

  3. The sale of tickets or shares at a discount for promotional purposes.

  4. The prize structure of lottery games, including the number and size of prizes available. Available prizes may include free tickets in lottery games and merchandise prizes.

  5. The frequency of drawings, if any, or other selections of winning tickets or shares, except that:

(a) All drawings shall be open to the public.

(b) The actual selection of winning tickets or shares may not be performed by an employee or member of the commission.

(c) Noncomputerized online game drawings shall be witnessed by an independent observer.

  1. Requirements for eligibility for participation in grand drawings or other runoff drawings, including requirements for the submission of evidence of eligibility within a shorter period than that provided for claims by section 5-568.

  2. Incentive and bonus programs designed to increase sales of lottery tickets or shares and to produce the maximum amount of net revenue for this state.

  3. The method used for the validation of a ticket, which may be by physical or electronic presentation of a ticket.

D. Notwithstanding title 41, chapter 6 and subsection B of this section, the director, subject to the approval of the commission, may establish a policy, procedure or practice that relates to an existing online game or a new online game that is the same type and has the same type of game play-style as an online game currently being conducted by the lottery or may modify an existing rule for an existing online game or a new online game that is the same type and has the same type of game play-style as an online game currently being conducted by the lottery, including establishing or modifying the matrix for an online game by giving notice of the establishment or modification at least thirty days before the effective date of the establishment or modification.

E. The commission shall maintain and make the following information available for public inspection at its offices during regular business hours:

  1. A detailed listing of the estimated number of prizes of each particular denomination expected to be awarded in any instant game currently on sale.

  2. After the end of the claim period prescribed by section 5-568, a listing of the total number of tickets or shares sold and the number of prizes of each particular denomination awarded in each lottery game.

  3. Definitions of all play symbols and other characters used in each lottery game and instructions on how to play and how to win each lottery game.

F. Any information that is maintained by the commission and that would assist a person in locating or identifying a winning ticket or share or that would otherwise compromise the integrity of any lottery game is deemed confidential and is not subject to public inspection.

G. The commission, in addition to other games authorized by this article, may establish multijurisdictional lottery games to be conducted concurrently with other lottery games authorized under subsection B of this section. The monies for prizes, for operating expenses and for payment to the state general fund shall be accounted for separately as nearly as practicable in the lottery commission's general accounting system. The monies shall be derived from the revenues of multijurisdictional lottery games.

H. The commission, in addition to other games authorized by this article, shall establish special instant ticket games with play areas protected by paper tabs designated for use by charitable organizations. The monies for prizes and for operating expenses shall be accounted for separately as nearly as practicable in the lottery commission's general accounting system. Monies saved from the revenues of the special games, by reason of operating efficiencies, shall become other revenue of the lottery commission and revert to the state general fund, except that the commission shall transfer the proceeds from any games that are sold from a vending machine in an age-restricted area to the state treasurer for deposit in the following amounts:

  1. Nine hundred thousand dollars each fiscal year in the internet crimes against children enforcement fund established by section 41-199.

  2. One hundred thousand dollars each fiscal year in the victims' rights enforcement fund established by section 41-1727.

  3. Any monies in excess of the amounts listed in paragraphs 1 and 2 of this subsection, in the state lottery fund established by section 5-571.

I. The commission or director shall not establish or operate any online or electronic keno game or any game played on the internet, except for the electronic keno game and the mobile draw game authorized in subsection J of this section.

J. From and after the date on which the conditions prescribed in sections 5-1213 and 5-1321 are met, the commission or director, in addition to any other game authorized in this section, may establish and operate a single electronic keno game and a single mobile draw game on a centralized computer system controlled by the lottery that allows a player to place wagers, view the outcome of a game and receive winnings over the internet, including on personal electronic devices.

K. An electronic keno game conducted pursuant to subsection J of this section may be operated only within an authorized keno location. If the electronic keno game is authorized to be played on personal electronic devices, players shall be geographically restricted by means of geofencing to authorized keno locations. Electronic keno game draws may not be conducted more frequently than once every four minutes. The number of authorized keno locations may not exceed the number published annually by the director, which is equal to the total number of establishments licensed by the department of gaming to allow wagering on live horse races and simulcast wagering pursuant to section 5-107, plus the total number of class 14 liquor licenses that the department of liquor licenses and control issued to fraternal organizations or veterans' organizations as of January 1, 2021. The total number of authorized keno locations shall be automatically increased by two percent every two years.

L. A mobile draw game conducted pursuant to subsection J of this section may offer players multiple game play styles and wagering options. Players of the mobile draw game may not play or win a prize more frequently than once per hour.

M. An electronic keno game or mobile draw game conducted pursuant to this section may not present the player with a user interface depicting spinning reels or that replicates a slot machine, blackjack, poker, roulette, craps or any other casino-style game other than traditional keno or a traditional lottery draw game.

N. Except as provided in subsections J, K, L and M of this section, the commission or director shall not establish or operate any lottery game or any type of game play-style, either individually or in combination, that uses gaming devices or video lottery terminals as those terms are used in section 5-601.02, including monitor games that produce or display outcomes or results more than once per hour.

O. The director shall print, in a prominent location on each lottery ticket or share, a statement that help is available if a person has a problem with gambling and a toll-free telephone number where problem gambling assistance is available. The director shall require all licensed agents to post a sign with the statement that help is available if a person has a problem with gambling and the toll-free telephone number at the point of sale as prescribed and supplied by the director.

P. For the purposes of this section:

  1. "Additional wagering facility" has the same meaning prescribed in section 5-101.

  2. "Authorized keno location" means a physical facility located at least five miles from an Indian gaming facility that is licensed by the director in the same manner as licenses issued pursuant to section 5-562 but only to a fraternal organization or veterans' organization or to a racetrack enclosure or additional wagering facility where pari-mutuel wagering on horse races is conducted.

  3. "Charitable organization" means any nonprofit organization, including not more than one auxiliary of that organization, that has operated for charitable purposes in this state for at least two years before submitting a license application under this article.

  4. "Electronic keno game" means a house banking game in which:

(a) A player selects from one to twenty numbers on a card that contains the numbers one through eighty.

(b) The lottery randomly draws twenty numbers.

(c) Players win if the numbers they select correspond to the numbers drawn by the lottery.

(d) The lottery pays all winners, if any, and collects from all losers.

  1. "Fraternal organization" has the same meaning prescribed in section 5-401.

  2. "Game play-style" means the process or procedure that a player must follow to determine if a lottery ticket or share is a winning ticket or share.

  3. "Matrix" means the odds of winning a prize and the prize payout amounts in a given game.

  4. "Mobile draw game" conducted pursuant to subsection J of this section, means a lottery draw game offered to players over the internet, including on mobile devices, in which:

(a) A combination of numbers, symbols or characters is selected.

(b) A computer system authorized by the lottery randomly selects a winning combination of numbers, symbols or characters.

(c) A computer system validates any prize awarded to the players.

  1. "Other event" has the same meaning prescribed in section 5-1301.

  2. "Sports event" has the same meaning prescribed in section 5-1301.

  3. "Veterans' organization" has the same meaning prescribed in section 5-401.


A.R.S. § 5-00701

5-701 - Definitions

5-701. Definitions

In this chapter, unless the context otherwise requires:

  1. "Base area lift" means a passenger tramway that skiers ordinarily use without first using another passenger tramway.

  2. "Chair lift" means a type of transportation on which passengers are carried on chairs suspended in the air and attached to a moving cable, chain or link belt supported by trestles or towers with one or more spans.

  3. "Competitor" means a skier actually engaged in competition or in practice for competition with the permission of a ski area operator on any slope or trail or portion of any slope or trail designated for competition by the ski area operator.

  4. "Conditions of ordinary visibility" means daylight and, if applicable, nighttime in nonprecipitating weather.

  5. "Inherent dangers and risks of skiing" means those dangers or conditions that are an integral part of the sport of skiing, excluding acts of ordinary or gross negligence, or reckless or intentional conduct on the part of the ski area operator. Inherent dangers and risks of skiing include:

(a) Changing weather conditions.

(b) Existing and changing snow surface conditions, such as ice, hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up and machine-made snow.

(c) Surface or subsurface conditions, whether marked or unmarked, such as bare spots, forest growth, rocks, stumps, streambeds, trees or other natural objects.

(d) Impacts with lift towers, signs, posts, fences or other enclosures, hydrants, water pipes or other man-made structures and their components, whether marked or unmarked.

(e) Variations in steepness or terrain, including roads, catwalks and other terrain modifications, whether natural or as a result of slope design, snowmaking or grooming operations.

(f) Collisions with other skiers.

(g) The failure of skiers to ski within their own abilities.

  1. "Passenger tramway" means a device used to transport passengers uphill on skis or in cars on tracks or suspended in the air by the use of steel cables, chains, belts or ropes, usually supported by trestles or towers with one or more spans.

  2. "Rope tow" means a mode of transportation that pulls a skier riding on skis as the skier grasps the rope with the skier's hands.

  3. "Ski area" means all ski slopes and trails or other places within the boundary of a ski area operator's property, administered as a single enterprise in this state.

  4. "Ski area operator" means any corporation, company, partnership, firm, association or other commercial entity, including a natural person, and its employees, agents, members, successors in interest, affiliates and assigns that have responsibility for the operations of a ski area.

  5. "Ski slopes and trails" means those areas designated by a ski area operator for use by skiers for any of the purposes listed in paragraph 11.

  6. "Skier" means a person using a ski area for the purpose of skiing or sliding downhill on snow or ice on skis, a toboggan, sled, tube, skibob or snowboard or any other device, using any of the facilities of a ski area, including ski slopes and trails, or observing any activities in a ski area as a sightseer or visitor.

  7. "Surface lift" means a mode of transportation that pulls skiers riding on skis by means of attachment to an overhead cable supported by trestles or towers. Surface lift includes a J-bar, a T-bar, a platter pull and any similar device. Â


A.R.S. § 5-00703

5-703 - Posting ski information signs

5-703. Posting ski information signs

A. A ski area operator shall maintain a sign and marking system with concise, simple and pertinent information for the protection and instruction of skiers. The signs required by this section shall be readable in conditions of ordinary visibility and, if applicable, that are adequately lighted for nighttime skiers.

B. A ski area operator shall place a sign that depicts and explains signs and symbols that skiers may encounter in the ski area in a position where all skiers who are proceeding to the uphill loading point of each base area lift will see the sign. The sign shall depict and explain at least the following signs and symbols:

  1. A green circle and the word "easier", which designates the least difficult ski slopes and trails of the ski area.

  2. A blue square and the words "more difficult", which designates the ski slopes and trails of the ski area that have a degree of difficulty between the least difficult and most difficult slopes and trails.

  3. A black diamond and the words "most difficult", which designates the most difficult ski slopes and trails of the ski area.

  4. A figure in the shape of a skier with a band running diagonally from corner to corner of the sign with the word "closed" printed beneath the emblem.

C. If applicable, a ski area operator shall place a sign at or near the loading point of a passenger tramway that states one of the following:

  1. If the tramway transports passengers only to the more difficult or most difficult ski slopes and trails in the ski area, the sign shall state: "WARNING: This lift services 'more difficult' (blue square emblem) and 'most difficult' (black diamond emblem) slopes and trails only.".

  2. If the tramway transports passengers only to the most difficult ski slopes and trails in the ski area, the sign shall state: "WARNING: This lift services 'most difficult' (black diamond emblem) slopes and trails only.".

D. If a ski area operator closes a ski slope or trail or a portion of a ski slope or trail to the public, the operator shall place a sign notifying skiers that the slope or trail or portion of the slope or trail is closed at each identified entrance to the slope or trail or closed portion of the slope or trail. In lieu of placing a sign at each identified entrance, the ski area operator may close off the entrance with rope or fences.

E. A ski area operator shall place a sign at or near the beginning of each ski slope or trail that contains the appropriate symbol of the relative degree of difficulty of that slope or trail as set forth in subsection B. The requirements of this subsection do not apply to a ski slope or trail that is designated "easier" if a skier may substantially view the slope or trail in its entirety before beginning to ski the slope or trail.

F. A ski area operator shall mark the ski area boundaries that are designated on the trail map.

G. A ski area operator shall mark all ski lift tickets and season passes that the operator sells or makes available to skiers with the following in clearly readable print:

Warning: Under Arizona law, a skier accepts the risk of any injury to person or property resulting from any of the inherent dangers and risks of skiing, including changing weather conditions, existing and changing snow surface conditions, surface or subsurface conditions, whether marked or unmarked, collisions with natural or man-made objects, whether marked or unmarked and the failure of skiers to ski within their own abilities.

H. A ski area operator shall post and maintain signs where ski lift tickets and ski school lessons are sold and in a location that is clearly visible to skiers who are proceeding to the uphill loading point of each base area lift that state the following in clearly readable print:

Warning--important: Under Arizona law, a skier accepts the risk of any injury to person or property resulting from any of the inherent dangers and risks of skiing. Some of these risks are listed on your lift ticket or season pass. Please review your ticket or pass and ask the ski area personnel for more information. Â


A.R.S. § 9-00276

9-276 - Additional powers of cities

9-276. Additional powers of cities

A. In addition to the powers already vested in cities by their respective charters and by general law, cities and their governing bodies may:

  1. Lay out and establish, regulate the use, open, vacate, alter, widen, extend, grade, pave, plant trees or otherwise improve streets, alleys, avenues, sidewalks, parks, public grounds and off-street parking sites and acquire any property necessary or convenient for that purpose by the exercise of the right of eminent domain.

  2. Prevent and remove encroachments or obstructions, provide for lighting and cleaning, and regulate the openings for the laying of gas and water pipes and mains on streets, alleys, avenues, sidewalks, parks and public grounds.

  3. Build and repair sewers, tunnels and drains.

  4. Erect lights, gas or otherwise.

  5. Regulate the erection of poles and wires, the laying of street railway tracks, and the operating of street railways in and upon its streets, alleys, public grounds and plazas.

  6. Regulate the use of sidewalks and all structures thereunder, and require the owner or occupant of premises to keep the sidewalks in front of or along the premises free from obstruction.

  7. Regulate and prevent the throwing of offensive material in and prevent injury to any street, way, alley or public grounds.

  8. Construct and keep in repair bridges, viaducts, tunnels, culverts, drains, sewers and cesspools, and regulate their use.

  9. Provide for the cleaning and purification of waters, watercourses and canals, and the draining or filling of ponds on private property when necessary to prevent or abate nuisances.

  10. Establish markets and market houses, and regulate their use.

  11. Regulate the sale of meats, poultry, fish, butter, cheese, lard, fruit, vegetables and other provisions, and provide for and regulate the inspection and the place and manner of selling them, and provide for the inspection of hay, grain, flour, meal and other provisions.

  12. Regulate the construction, repair and use of vaults, cisterns, areas, hydrants, pumps, sewers and gutters.

  13. Regulate partition fences and party walls and regulate the construction and location of buildings, walls and fences on the line of a street, way or alley.

  14. Prescribe the thickness, strength and manner of constructing stone, brick and other buildings, and construction of fire escapes.

  15. Fix and designate by ordinance fire limits within which no buildings having outside wooden walls shall be constructed or repaired so as to increase their value beyond a percentage to be fixed in the ordinance, and, by ordinance, prescribe special fire limits, within the general fire limits, requiring therein building material to be used and additional precautions to be observed in the construction of new buildings, and in the repairing and maintenance of buildings, as may from time to time be designated, for the prevention of fires and the spread thereof, and provide for the enforcement of the ordinance and for the appointment of a building inspector, his authority, his term of office and his compensation.

  16. Define nuisances and abate them, and impose fines upon persons creating or continuing nuisances.

  17. Appoint a board of health, and prescribe its powers and duties.

  18. Prohibit an offensive or unwholesome business or establishment within two miles of the limits of the corporation.

  19. Compel the owner of any unwholesome or nauseous house or place to clean, abate or remove it, and regulate the location thereof.

  20. Extend by condemnation or otherwise any street, alley or highway over or across, or construct a sewer under or through, any railroad track, right-of-way or land of a railroad within its corporate limits, but where no just compensation is made to the railroad company, the city shall restore the railroad track, right-of-way or land to its former state, or in a manner so as not to impair its usefulness.

  21. Establish and define sewer districts and construct sewers therein.

  22. Establish and alter the grade of streets, alleys and sidewalks, and regulate the manner of using the streets and pavements in the city to protect them from injury by vehicles driven thereon. No street or sidewalk grade shall be altered after it has once been established and built unless compensation is made to abutting owners for damages done to their property by the change.

  23. Make local improvements by special assessments, by special taxation or otherwise, as they shall by ordinance prescribe.

  24. Adopt and enforce standards for shielding and filtration of commercial or public outdoor portable or permanent light fixtures in proximity to astronomical or meteorological laboratories.

B. A domestic corporation or association organized for the purpose of manufacturing gas to supply cities, or their inhabitants, or to supply cities, or their inhabitants, with water, or for the purpose of furnishing cities and the inhabitants with a sewer system, may, by consent of the governing body, erect and establish gas factories, waterworks and sewer plants, and lay down pipes in the streets, alleys, plazas and ways of a city, subject to such rules and regulations as the city shall by ordinance impose.


The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)