Arizona Revised Statutes

Ariz. Rev. Stat. § 4-246 (2026)

Violation; classification; fine; civil penalty

✓ current as of May 2026
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A. A person violating any provision of this title is guilty of a class 2 misdemeanor unless another classification is prescribed.

B. A person violating section 4-242.01, subsection A or section 4-244, paragraph 9, 14, 34, 42 or 44 is guilty of a class 1 misdemeanor.

C. A person violating section 4-229, subsection B or section 4-244, paragraph 31 is guilty of a class 3 misdemeanor.

D. In addition to any other penalty prescribed by law, the court may suspend the privilege to drive of a person who is under eighteen years of age for a period of up to one hundred eighty days on receiving the record of the person's first conviction for a violation of section 4-244, paragraph 9.

E. In addition to any other penalty prescribed by law, a person who is convicted of a violation of section 4-244, paragraph 42 shall pay a fine of at least $500.

F. In addition to any other penalty prescribed by law, a person who is convicted of a violation of section 4-241, subsection L, M or N shall pay a fine of at least $250.

G. A person that violates section 4-244, paragraph 47 is subject to a civil penalty as prescribed in section 4-210.01.

Notes of Decisions
Cited in 10 cases, 1965–2013 · leading case: Ontiveros v. Borak, 667 P.2d 200 (Ariz. 1983).
Ontiveros v. Borak, 667 P.2d 200 (Ariz. 1983). · cites it 2× “A.R.S. § 4-246. Borak argues, however, that these statutes were not enacted as safety measures but merely as regulatory measures affecting the liquor industry.”
Spitz v. Mun. Court of City of Phoenix, 621 P.2d 911 (Ariz. 1980). · cites it 3× “A.R.S. § 4-246, prior to its amendment, provided: “§ 4-246.”
Patterson v. Thunder Pass, Inc., 153 P.3d 1064 (Ariz. Ct. App. 2007). · cites it 2× “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 a period of time of not to exceed thirty minutes after the state of obvious…”
McMurtry v. Weatherford Hotel, Inc., 293 P.3d 520 (Ariz. Ct. App. 2013). “Pursuant to § 4-246(B) (2012), it is a class one misdemeanor to violate § 4-244(14).”
Pierce v. Lopez, 490 P.2d 1182 (Ariz. Ct. App. 1971). · cites it 4× “[3] It is clear that the duty of the proprietor or operator extends to his duly authorized employee charged with the sole care and control of the premises at the time of the incident.”
In Re a Member of the State Bar of Arizona, Nulle, 620 P.2d 214 (Ariz. 1980). · cites it 3× “A corporation applying for a liquor license is required by A.R.S. § 4-202(D) to reveal the names of all stockholders who own 10% or more of the corporation.”
In Re Hillary C., 210 P.3d 1249 (Ariz. Ct. App. 2009). · cites it 2× “See A.R.S. § 4-246(B). Before her disposition hearing, Hillary filed a motion suggesting the juvenile court had discretion to decide whether to notify MVD of the adjudication and asking the juvenile court to refrain from sending such notice.”
Raye v. Jones, 76 P.3d 863 (Ariz. Ct. App. 2003). · cites it 2× “§ 4-244(33) is a class one misdemeanor, A.R.S. § 4-246(B) (2002), for which the maximum punishment is a $2500 fíne, A.”
Caliendo v. Cohen, 246 F. Supp. 568 (D. Ariz. 1965). · cites it 2× “A.R.S. § 4-246. Violations; penalties A. A person violating any provision of this title is guilty of a misdemeanor punishable, upon each of the first two convictions, by a fine of not less than one hundred nor more than three hundred dollars, by imprisonment in the county jail…”
In Re Hillary C. (Ariz. Ct. App. 2009). · cites it 2× “See A.R.S. § 4-246(B). Before her disposition hearing, Hillary filed a motion suggesting the juvenile court had discretion to decide whether to notify MVD of the adjudication and asking the juvenile court to refrain from sending such notice.”
— Ariz. Rev. Stat. § 4-246(B) — 5 cases
Patterson v. Thunder Pass, Inc., 153 P.3d 1064 (Ariz. Ct. App. 2007). “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 a period of time of not to exceed thirty minutes after the state of obvious…”
McMurtry v. Weatherford Hotel, Inc., 293 P.3d 520 (Ariz. Ct. App. 2013). “Pursuant to § 4-246(B) (2012), it is a class one misdemeanor to violate § 4-244(14).”
In Re Hillary C., 210 P.3d 1249 (Ariz. Ct. App. 2009). “See A.R.S. § 4-246(B). Before her disposition hearing, Hillary filed a motion suggesting the juvenile court had discretion to decide whether to notify MVD of the adjudication and asking the juvenile court to refrain from sending such notice.”
Raye v. Jones, 76 P.3d 863 (Ariz. Ct. App. 2003). “§ 4-244(33) is a class one misdemeanor, A.R.S. § 4-246(B) (2002), for which the maximum punishment is a $2500 fíne, A.”
In Re Hillary C. (Ariz. Ct. App. 2009). “See A.R.S. § 4-246(B). Before her disposition hearing, Hillary filed a motion suggesting the juvenile court had discretion to decide whether to notify MVD of the adjudication and asking the juvenile court to refrain from sending such notice.”
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