A Maricopa County Superior Court judge has struck down a pandemic-related exemption allowing Arizona restaurants to sell liquor to go.
For the moment, however, restaurants still are allowed the exemption while waiting to see if Gov. Doug Ducey appeals the ruling.
Most local restaurants that serve alcohol operate under a Series 12 license, commonly known as a ‘‘restaurant license,’’ allowing it to sell all types of liquor for on-site consumption only as long as food accounts for at least 40% of its sales.
Series 12 licenses typically cost $2,000 the first year and can be renewed for $585 per year.
Most bars, on the other hand, operate under a Class 6 license, known as a ‘‘full bar license,’’ or a Series 7, known as a ‘‘beer and wine license,’’ that don’t require food sales. They also allow holders to sell liquor to go.
Series 6 and 7 licenses only are available through a state lottery or purchase from a license holder. They typically cost hundreds of thousands of dollars.
So when Ducey made an exemption earlier this summer allowing Series 12 holders to sell liquor to go, bar owners argued the order devalued their Class 6 and 7 licenses and undermined their businesses.
Monday, Judge Pamela Gates agreed with them. Neither Ducey’s office nor the Arizona Department of Liquor Licenses & Control has commented.
Bar owners still are fighting other Ducey orders, such as ones keeping bars that don’t serve food closed for business and limiting the capacity of those that do.
