1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Ilan Wurman (#034974)
Sandra Day O’Connor College of Law*
Arizona State University
111 E. Taylor Street
Mail Code 9520
Phoenix, AZ 85004-4467
Telephone: 480-965-2245
ilan.wurman@asu.edu
Attorney for Plaintiffs
*Affiliation provided for
identification purposes only
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
JAVIER AGUILA, LUCILLE
ARAGON, ALICIA BALDWIN,
MICHAEL BATES, MONICA BEARD,
MICHAEL BEAVER, MATHEW
BECKER, JENNIFER BEEMAN,
JACQUELYN BENDIG, JESSIE
BLACKBURN, JASON BOWEN, ARI
BRACAMONTE, MATT BRASSARD,
DAVE BRENNAN, PENNY
BRENNAN, DEBORAH BROTEN,
JAMES BROWER, JESSE ISAIAH
BURKE, SCOTT BUSSE, BRIAN
CAVENDER, DARYL CHESTER,
SUSAN COMPTON, AUDREY
CORLEY, KAREN CRUMP, TIMOTHY
DAMICO, TERRY DAVIS, DAVID
DELOS, LORI DELOS, CRAIG
DENNY, PATRICIA DION, TONY
DOHRMAN, CHARLES E. DUFF,
JOHN EHALT, GARY ERWIN, JACK
ESTES, LEE FABRIZIO, LOUIE
FERNANDEZ, PATRICIA FULLER,
DAVID GILBERT, SCOTT
GOLDSMITH, STEVEN GORDON,
JOLIE GRANT, JEREMIAH GRATZA,
MISTIE GREEN, DEBORAH GRIFFIN,
JAMES GRIFFIN, KIMBERLY
GUETHLE, MARK HALSTENGARD,

CASE NO: ______
COMPLAINT FOR DECLARATORY
AND INJUNCTIVE RELIEF AND
DAMAGES
Priority Case: Arizona Rule of Civil
Procedure 57
JURY TRIAL DEMANDED

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

DAVID HARMON, DAREL
HARRISON, TAMIE HARRISON,
JOHN HEALY, BRAD HENRICH, R.J.
HERRIG, KIMBERLY HERRIG,
JENNIFER HOLLIDAY, MARION
HOOPER, MARY HULTMAN,
CHARLES JENKINS, CURTIS
JOHNSON, SHANE JONES, IAN JUUL,
COREY KELLY, COLLEEN
KENDALL, KIMBERLY KOLACEK,
ALAN KOWALSKI, DOUGLAS
LANDRETH, ELDA LEE, MAXINE
LEE, IAN LIKWARZ, BARRY LUCAS,
JOSH MAKRAUER, PHILLIP
MARCUS, THOMAS MCCAULEY,
JOHN MCCORMICK, VICKI MCKEE,
DAWN MCMILLAN, DUSTIN
MCMILLAN, KELLY MEIXLER,
JULIE MIKKELSEN, DAVID
MONAHAN, LEESA MONTAGUE,
ALEX MUNDY, MICHAEL NELSON,
CHAD NEWBERRY, LINDA
NIBLETT, KIMBERLY O’DONNEL,
CARRIE PARKER, DIANE
PEDERSEN, LUTHER PEDIGO,
ELMER PINEDA, DANIEL POUNDS,
GRANT QUEZADA, KEITH
REDMANN, JILL REDMANN, BRUCE
REID, JEFF RIGGS, RUSSEL
ROBERTS, JACOB ROER, VANESSA
ROER, STEVEN ROGERS, ROBERT
ROSA, VICKIE SANDERS, JEFFREY
SCHACHT, REBECCA SCHEMMER,
WES SCHEMMER, PAUL SCHULDT,
KYLE SCHWAB, PETER SCIACCA,
CLAUDIA SHADID, RAY SHADID,
JAMES SHAFFER, SHERI SHAW,
STEVEN SHELDON, THOMAS
SMITH, JOHN SPAUGH, IOANNIS
SPENTZOS, TOSHA SPRING,
KIMBERLY STAM, EVA
STAPLETON, MITCHELL STEVENS,
LUCIE STEVENS, NANY STEVENS,
ALAN SWENSON, TRACY
2

 1
2
3
4

TOLLESON, FRANK VAIRO,
EUGENE WALDEN, HEATHER
WARD, JUSTIN WARD, GARY
WELCH, CHERI WELLS, LARRY
WENDT, TUCKER WOODBURY,
PAUL YORK, and LESLIE ZINKE,

5
6
7
8
9
10
11

Plaintiffs,
vs.
DOUG DUCEY, in his individual
capacity, and in his official capacity as
the Governor of the State of Arizona;
THE ARIZONA DEPARTMENT OF
HEALTH SERVICES; and THE
ARIZONA DEPARTMENT OF
LIQUOR LICENSES AND CONTROL,

12

Defendants,

13
14
15

and
THE STATE OF ARIZONA,

16

Real Party-in-Interest.

17
18
19
20

Introduction
1.

Plaintiffs are small business owners all over Arizona whose businesses have

21

been shut down by the Governor’s executive orders. They hold series 6 or 7 liquor

22

licenses and are subject to closure orders in Executive Order 2020-43 and related orders.

23

The reason they are closed is because Governor Ducey believes that “bars” should be

24

closed to stem the spread of the novel coronavirus. The problem is, bars are still open—

25

about 5,000 of them. That is because most series 12 licensees (“restaurants”) also have

26

bars, and those bars are open. Hotel bars—with a series 11 license—are also open. Bars at

27

microbreweries (series 3), wineries (series 13), private clubs (series 14), distilleries (series

28

18), and tasting rooms (series 19), are all also open. Only a subset of bars—series 6 and 7
3

 1

licensees—have been targeted by Defendants’ executive orders and implementing

2

guidance. The only legal distinctions, however, between series 6 and 7 licensees and, for

3

example, series 12 licensees typically associated with “restaurants,” is that series 6s and

4

7s paid for the privilege of not having to maintain a minimum amount of food sales, and

5

for the privilege of “off-sale,” that is, selling for off-premise consumption. See A.R.S.

6

Title 4. Neither legal distinction has anything to do with public health. Many do serve

7

food. Many “restaurant” owners utilize series 6 licenses for the primary purpose of being

8

able to sell all types of alcoholic beverages with to-go food orders.

9

2.

Indeed, some of the Plaintiffs are more like restaurants. For example,

10

Plaintiff Steven Gordon owns “Firestone Pizza Express.” Why is he closed down but his

11

competitors in the pizza industry are open? Because Mr. Gordon paid upwards of

12

$100,000 for a series 6 license instead of the mere $1,500 for a series 12. Even for those

13

who do not serve food, neither legal distinction bears on whether a business can properly

14

implement safety measures. Plaintiffs have documented numerous instances of series 12

15

“restaurants” turning into nightclubs or not requiring social distancing. The legal

16

distinction between series 6s and 7s on the one hand, and their direct competitors with

17

series 3, 11, 12, 13, 14, 18, and 19 licenses on the other, simply has nothing to do with

18

public health.

19

3.

Plaintiffs argue that the Governor’s orders, and any guidance or regulation

20

implemented in pursuance of those orders, are unlawful or unconstitutional on a number

21

of grounds.

22

4.

First, the Governor’s orders are made pursuant to a statute that purports to

23

delegate to the Governor the entire “police power” of the state in the event of an

24

“emergency.” This statute unconstitutionally delegates the legislative power of this state

25

to the Governor. Fortunately, it is possible to construe that authority narrowly in light of

26

more specific authorities the state legislature has granted the Governor specifically to deal

27

with contagious diseases. Under those authorities, the Governor and the Arizona

28

Department of Health Services (ADHS) can impose “sanitary measure,” but cannot order
4

 1

businesses of any kind to shut down. Indeed, the authority to close down businesses is

2

granted in the emergency statute precisely once, and it is given to cities where such

3

closures are necessary to “peace” and “order.”

4

5.

Additionally, the Governor’s executive orders, and ADHS’s implementing

5

guidelines, violate Article 2, Section 13 of the Arizona Constitution, which provides, “No

6

law shall be enacted granting to any citizen, class of citizens, or corporation other than

7

municipal, privileges or immunities which, upon the same terms, shall not equally belong

8

to all citizens or corporations.” They also violate the equal protection clause of the

9

Fourteenth Amendment to the U.S. Constitution.

10

6.

Specifically, the Governor’s orders and ADHS’s implementing guidelines

11

arbitrarily and irrationally discriminate against Plaintiffs because they have series 6 or 7

12

licenses, while allowing their direct competitors with series 3, 11, 12, 13, 14, 18, and 19

13

licenses to continue to operate. As explained, the only legal distinction between series 6

14

and 7 licensees and these other licensees is that Plaintiffs each paid upwards of $100,000

15

to obtain one of a limited number of series 6 or 7 licenses, which come with two unique

16

privileges. The first privilege is that a series 6 or 7 licensee need not serve a minimum

17

amount of food. (Series 12 licensees, in contrast, must have a minimum of 40 percent food

18

sales.) The second privilege is that of “off-sale,” or sale of packaged alcoholic beverages

19

for off-premise consumption. With limited exceptions, only series 6 (“bars”), series 7

20

(“beer and wine bars”), and series 9 (liquor stores and grocery stores) have that

21

privilege—for which they paid valuable consideration.

22

7.

These two distinctions have no relation whatsoever to public health. Forcing

23

series 6 and 7 licensees to close, or to meet onerous conditions to operate, while allowing

24

their direct competitors to continue operating without similar restrictions even though the

25

distinction between series 6 and 7 and these other licenses has no relation to public health,

26

is discrimination in violation of Art. 2, Sec. 13 of the state constitution.

27
28

8.

Because these orders also violate the federal equal protection clause, the

Governor has also violated 42 U.S.C. § 1983 and must pay Plaintiffs damages for the
5

 1
2

closures and restrictions.
9.

More still, the Governor, through executive fiat and directly in opposition to

3

existing statute law, has permitted series 12 licensees (“restaurants”) to sell alcohol for

4

off-premise consumption. That is the precise privilege series 6, 7, and 9 licensees paid for,

5

and for which series 12 licensees have paid nothing. The Governor’s order is a violation

6

of procedural due process under both the state and federal constitutions. It is, in fact, the

7

classic due process violation: the “taking” of property from “A” and “giving” it to “B” by

8

executive fiat, without a judicial adjudication, and contrary to existing law.

9

10.

Because the Governor’s orders are a direct violation of due process of law

10

under the classic, procedural understanding, the Governor has violated Plaintiffs’

11

constitutional rights. He, and the departments that have implemented his orders, have

12

therefore violated 42 U.S.C. § 1983 and must pay Plaintiffs damages for taking their

13

valuable privileges and giving it to others. There is absolutely no grounds for qualified

14

immunity: that “taking property from A and giving it to B” is the quintessential violation

15

of due process of law has been established law for hundreds of years.

16

11.

Finally, the orders requiring Plaintiffs to shut down, or to operate at

17

extremely limited capacity with onerous restrictions not applicable to their competitors,

18

deprived and continues to deprive Plaintiffs of their entire property interest in their

19

licenses. The orders taking Plaintiffs’ paid-for privilege of off-sale and giving it to their

20

competitors, who did not pay for it, is a further deprivation of what little property value

21

was left in Plaintiffs’ series 6 or 7 licenses upon the closures of their businesses.

22

Plaintiffs’ only hope while being shut down was the ability to sell alcohol to go. But that

23

privilege, too—which Plaintiffs paid for exclusively—was given to their competitors, who

24

did not pay for them. Together, these orders have deprived Plaintiffs of essentially all the

25

value in their licenses and all hope for any revenue. The orders have obliterated their

26

investment-backed expectations. The orders therefore constitute a regulatory taking for

27

which just compensation must be paid.

28

12.

In closing, it is reasonable to believe that the country, and the state, now
6

 1

confront an emergency stemming from the novel coronavirus. But, as Justice William

2

Douglas wrote in the famous Steel Seizure Case involving President Truman’s seizure of

3

the steel mills in the midst of a labor strike during the Korean War, “There can be no

4

doubt that the emergency which caused the President to seize these steel plants was one

5

that bore heavily on the country. But the emergency did not create power; it merely

6

marked an occasion when power should be exercised.” Youngstown Sheet & Tube Co. v.

7

Sawyer, 343 U.S. 579, 629 (1952) (Douglas, J., concurring). “We therefore cannot decide

8

this case by determining which branch of government can deal most expeditiously with

9

the present crisis. The answer must depend on the allocation of powers under the

10

Constitution.” Id. at 630. And as with the federal Constitution and the Korea War

11

emergency, so too with Arizona’s own constitution and the coronavirus emergency.

12
13
14
15

Jurisdiction and Venue
13.

This Court has jurisdiction pursuant to Article 6, § 14 of the Arizona

Constitution, A.R.S. § 12-123, and A.R.S. § 12-1831 (declaratory judgments).
14.

Venue is proper in Maricopa County pursuant to A.R.S. § 12-401 and § 12-

16

401(16) because the Defendants reside in Maricopa County and the seat of government of

17

the State of Arizona is in Maricopa County.

18
19

Parties
15.

Doug Ducey, the Governor of the State of Arizona, is a defendant in this

20

action. The executive orders challenged in this case were issued by him. He is sued in his

21

official capacity for declaratory relief and injunctive relief. He is sued in his individual

22

capacity for damages sought in this action in the alternative to damages sought under

23

Plaintiffs’ regulatory takings theory.

24

16.

The Arizona Department of Health Services (ADHS) and the Arizona

25

Department of Liquor Licenses and Controls (DLLC) are defendants in this action. They

26

are responsible for implementing Governor Ducey’s executive orders. Those orders are

27

alleged to violate the state and federal constitutions, and to constitute a regulatory taking,

28

for which damages and compensation must be paid by the State of Arizona.
7

 1

17.

The State of Arizona is a defendant in this action as the real party-in-

2

interest. The State of Arizona will have to pay just compensation if Plaintiffs succeed on

3

their regulatory takings claims. The State of Arizona will also have to indemnify the

4

Governor if damages are obtained against him in his individual capacity on Plaintiffs’

5

alternative theory of recovery. A.R.S. § 41-621.

6
7

18.

The Speaker of the House and President of the Senate have been notified of

this action but are not made parties to this case pursuant to A.R.S. § 12-1841.

8

19.

Plaintiffs are more than 100 small business owners from all over Arizona

9

with series 6 or 7 liquor licenses. The orders and guidelines being challenged in this case

10

single them out as series 6 or 7 licensees. All Plaintiffs have been closed, or all but closed,

11

as a result of the current executive orders, since around June 29, 2020. 1 As of August 20,

12

2020, almost all continue to be closed, with two at the moment being allowed to operate

13

with severe restrictions not applicable to their direct competitors with a different series of

14

liquor license. A full list of Plaintiffs, their business names and addresses, and their

15

license numbers are attached as Appendix A.

16

Statement of Facts

17

Arizona’s Liquor Licensing Regime

18

20.

Arizona’s liquor licensing regime is described on the Arizona Department of

19

Liquor website. See Ex. A. That regime is established by law. See A.R.S. Title 4. Series 3

20

licenses are issued to “microbreweries.” Series 11 licenses are issued to “hotel bars.”

21

Series 13 licenses are issued to “wineries.” Series 14 licenses are issued to “private clubs.”

22

Series 18 licenses are issued to “distilleries.” Series 19 licenses are issued to “tasting

23

rooms.”

24

21.

Series 6 licenses are colloquially understood to apply to “bars.” Series 7

25

licenses are colloquially understood to apply to “beer and wine bars.” And Series 12

26

licenses are colloquially understood to apply to “restaurants” that serve alcohol.

27

1

28

Some Plaintiffs were able to remain open longer because they believed they sold enough food to
be exempt from the relevant executive orders. All were eventually shut down, however.

8

 1

22.

The legal distinctions between these series of licenses, however, do not

2

track the colloquial understandings. The only legal distinctions between series 6 and 7

3

licenses on the one hand and series 12 licenses on the other are that: (1) series 6 and 7

4

licenses are “quota” licenses that are limited in number by law, which number is adjusted

5

every 10 years according to population, see A.R.S. § 4-206.01; (2) as a result, series 6 and

6

7 licenses are actually property rights, because, unlike a series 12 license, series 6 and 7

7

licenses can be bought and sold on the open market, or inherited, and such licenses never

8

disappear; (3) Plaintiffs each paid upwards of $100,000 or more for each series 6 license,

9

and upwards of $50,000 for each series 7 license; and (4) a series 6 or 7 license accords

10

the licensee (i) the privilege of not having to have a minimum number of food sales (in

11

contrast, series 12 licensees must have a minimum 40 percent food sales), and (ii) the

12

privilege of “off-sale,” that is, selling packaged alcoholic beverages for consumption off-

13

premise, A.R.S. § 4-206.01(G). No series of license other than series 6, 7 and 9 (grocery

14

and liquor stores) includes the extensive off-sale privilege. Other series of licenses include

15

extremely limited off-sale privileges, for example series 12s can sell growlers and

16

wineries can sell wine produced at their vineyard.

17

23.

Importantly, the legal distinction between series 6 and 7 licensees on the one

18

hand and series 12 (or any other series) on the other—that series 6 and 7 licensees paid for

19

the privileges of not having to have a minimum number of food sales and for the privilege

20

of off-sale—has no relation to the public health. Because the distinction between a series

21

6 license and a series 12 license does not track the colloquial distinction between a “bar”

22

or “nightclub” and a “restaurant,” series 6 licensees often have spacious seating, outdoor

23

patios, table service, no dancing, and no loud music, just a series 12 licensees often have

24

cramped spaces, loud music, dancing, and no outdoor seating. Moreover, many series 6

25

licensees do serve food—they have simply paid for the privilege of not having to prove to

26

the Arizona Department of Liquor that their food sales are at least 40 percent of their total

27

sales. Indeed, as explained by Plaintiffs’ expert declarant, “Many ‘Restaurant’ owners

28

utilize series 6 licenses for the ability to sell all types of alcoholic beverages with to-go
9

 1
2

food orders.” Ex. B, Expert Decl. of Craig Miller ¶ 6.
24.

To summarize, unlike any other series of liquor license, a series 6 and 7

3

license is a property right—they can be bought and sold on the open market. The reason is

4

that such licenses are limited in number by law, which number is adjusted every 10 years

5

according to population. The going rate for a series 6 license in Maricopa County before

6

the coronavirus pandemic was $135,000. Ex. B ¶ 5. Most Plaintiffs paid about that

7

amount of money for each of their licenses. And, as noted, the two privileges associated

8

with this property right in their licenses are the rights to operate a business establishment

9

for the sale of alcoholic beverages without having to meet a minimum amount of food

10

sales, and the privilege of off-sale.

11
12
13
14

The Coronavirus Pandemic and the Governor’s Executive Orders
25.

It is common knowledge that the world, the country, and the state of

Arizona are now confronting a novel coronavirus, COVID-19, a contagious disease.
26.

Because of the spread of the novel coronavirus, Governor Doug Ducey

15

began issuing executive orders on March 19, 2020, which purported to implement

16

strategies and safety measures that would stem the spread of this coronavirus.

17
18
19

27.

On March 19, 2020, Governor Ducey issued Executive Order No. 2020-09,

“Limiting the Operations of Certain Businesses to Slow the Spread of COVID-19.” Ex. C.
28.

EO 2020-09 provided, in relevant part, that beginning on March 20, 2020,

20

until further notice, all bars, movie theaters, and indoor gyms and fitness clubs shall close

21

in counties with confirmed cases of COVID-19; and that restaurants in such counties shall

22

close access to on-site dining.

23

29.

The Governor did not cite any specific statutory authority in EO 2020-09.

24

30.

As a result of EO 2020-09, the Plaintiffs had to shut down their businesses,

25
26

at great loss.
31.

In addition, EO 2020-09 permitted restaurants to sell alcohol “off sale,” that

27

is, for off-premise consumption, contrary to existing law. This privilege of “off sale,” by

28

law, applies to series 6 and 7 licensees—the Plaintiffs in this action—and not to series 12
10

 1

licensees that operate “restaurants.” Plaintiffs paid upwards of $100,000 to obtain their

2

series 6 or 7 licenses for the privileges appertaining to such licenses. EO 2020-09 robbed

3

these licensees of the value of their licenses by taking their property right in off-sale and

4

giving it to series 12 restaurants, who did not pay for the privilege. EO 2020-09 also

5

robbed these licensees of the value of their licenses by taking away the privilege of

6

operating their businesses, which is also part of the property right for which they paid

7

valuable consideration.

8

32.

The Arizona Department of Liquor specifically stated that the purpose of

9

giving off-sales privileges to series 12 establishments was “intended to mitigate the loss of

10

a restaurant’s on-premise sales.” Ex. D. In short, taking Plaintiffs’ paid-for privileges and

11

giving them for free to their series 12 competitors had nothing to do with the public

12

health.

13

33.

On March 30, 2020, Governor Ducey issued Executive Order No. 2020-18,

14

“Stay Home, Stay Healthy, Stay Connected: Physical Distancing to Mitigate COVID-19

15

Transmission.” Ex. E.

16

34.

EO 2020-18 provided, in relevant part, that “all individuals in the State of

17

Arizona shall limit their time away from their place of residence or property, except: a. To

18

conduct or participate in Essential Activities. b. For employment, to volunteer or

19

participate in Essential Functions. c. To utilize any services or products provided by

20

Essential Businesses. d. Employment, if as a sole proprietor or family owned business,

21

work is conducted in a separate office space from your home and the business is not open

22

to serve the public. e. No person shall be required to provide documentation or proof of

23

their activities to justify their activities under this order.” Paragraph 4 of EO 2020-18

24

defined essential activities as, inter alia, “[o]btaining necessary supplies and services for

25

family,” “seeking medical [services],” caring for family members, “[e]ngaging in outdoor

26

exercise,” and engaging in constitutionally protected activities. Paragraph 6 provided that

27

“[a]ll persons may leave their place of residence only for Essential Activities . . . .”

28

35.

EO 2020-18 cited as statutory authority for its promulgation, and the
11

 1
2
3
4

promulgation of EO 2020-09, A.R.S. §§ 26-303 and 36-787.
36.

As a result of EO 2020-18, the Plaintiffs’ businesses continued to be shut

down, at great loss.
37.

On April 8, 2020, Governor Ducey issued Executive Order No. 2020-25,

5

keeping EO 2020-09 in place, including its provisions granting the privilege of “off sale”

6

to series 12 restaurants. Ex. F.

7

38.

On April 29, 2020, a day before EO 2020-18 was due to expire, Governor

8

Ducey issued Executive Order No. 2020-33, “Returning Stronger: Amending the Stay

9

Home, Stay Healthy, Stay Connected Order.” Ex. G.

10

39.

EO 2020-33, in relevant part, continued the requirement of EO 2020-18 that

11

all individuals in the State of Arizona shall limit their time away from their place of

12

residence or property except for essential activities and the other enumerated exceptions

13

from EO 2020-18, and that “[a]ll persons may leave their place of residence only for

14

Essential Activities . . . .” EO 2020-33 further provided that non-essential businesses,

15

which is defined to include Plaintiffs’ businesses, may continue to operate activities “that

16

do not require in-person, on-site transactions.” Such businesses involving the sale of

17

goods could operate “delivery service, window services, walk-up service, drive-through

18

service, drive-up service, curbside delivery or appointment, provided that they establish

19

and implement protocols and best practices for businesses to address COVID-19 as

20

outlined in this order.”

21
22
23

40.

EO 2020-33 cited A.R.S. §§ 26-303(E) and 36-787 as authority for its

promulgation.
41.

As a result of EO 2020-33, some Plaintiffs began to operate their businesses

24

at extremely limited capacities, providing such “take out” services where possible, at great

25

loss; and other Plaintiffs’ businesses continued to be shut down entirely or almost entirely,

26

at great loss.

27
28

42.

On May 4, 2020, Governor Ducey issued Executive Order No. 2020-34,

allowing barbers, cosmetologists, and dine-in restaurants to resume operations—but not
12

 1

“bars,” defined as establishments with series 6 or 7 licenses. EO 2020-34 also continued

2

the provisions of EO 2020-09 granting the privilege of “off sale” to series 12 licensees.

3

Ex. H.

4
5
6
7
8

43.

As a result of EO 2020-34, most of Plaintiffs’ businesses continued to be

shut down.
44.

On May 12, 2020, Governor Ducey issued Executive Order No. 2020-36,

“Stay Healthy, Return Smarter, Return Stronger.” Ex. I.
45.

EO 2020-36 rescinded, as of midnight on May 16, 2020, EO 2020-18 and

9

2020-33. Paragraph 5 of EO 2020-36 ordered businesses “to limit and mitigate the spread

10

of COVID-19” by: “a. Promoting healthy hygiene practices; b. Intensifying cleaning,

11

disinfection and ventilation practices; c. Monitoring for sickness; d. Ensuring physical

12

distancing; e. Providing necessary protective equipment; f. Allowing for and encouraging

13

teleworking where feasible; g. Providing plans, where possible, to return to work in

14

phases; and h. Limiting the congregation of groups of no more than 10 persons when

15

feasible and in relation to the size of the location.”

16

46.

As a result of EO 2020-36, Plaintiffs finally began operating their

17

businesses, after nearly two months of being shut down by earlier executive orders.

18

Additionally, Plaintiffs all worked to comply with Paragraph 5 of EO 2020-36 and

19

implemented a variety of hygiene and safety measures.

20
21
22

47.

EO 2020-36 continued in place provisions of EO 2020-09 granting the

privilege of “off sale” to series 12 licensees.
48.

On June 29, 2020, Governor Ducey issued Executive Order No. 2020-43,

23

“Pausing of Arizona’s Reopening—Slowing the Spread of COVID-19.” This order

24

remains in force and is one of the primary orders challenged by Plaintiffs. Ex. J.

25

49.

EO 2020-43 provides, in relevant part:

26
27

4. Notwithstanding any other law or executive order, effective at 8:00 pm on
Monday, June 29, 2020, the following establishments shall pause operations
until at least July 27, 2020, unless extended:

28

a.

Bars, meaning an entity who holds a series 6 or 7 liquor license from
13

 1
2
3
4
5

the Department of Liquor Licenses and Control and whose primary business
is the sale or dispensing of alcoholic beverages. These entities may continue
serving the public through pick up, delivery, and drive-thru operations as
provided for series 12 liquor licenses in Executive Order 2020-09, Limiting
The Operations Of Certain Businesses To Slow The Spread Of COVID-19.
b.
Indoor gyms and fitness clubs or centers.
c.
Indoor movie theaters.
d.
Water parks and tubing operators.

7

5. To receive authorization to reopen, entities shall complete and submit a
form as prescribed by the Arizona Department of Health Services that
attests the entity is in compliance with guidance issued by ADHS related to
COVID-19 business operations.

8

50.

6

9

The meaning of EO 2020-43 is that Plaintiffs could not open any of their

businesses until July 27, a date that could be pushed back an indefinite number of times.

10

51.

11

303 and 36-787.

12

52.

13
14
15
16
17
18

EO 2020-43 cites as statutory authority for its promulgation A.R.S. §§ 26-

As a result of EO 2020-43, Plaintiffs had to shut down their businesses

again, after being shut down for almost two months, and being open for barely a month.
53.

EO 2020-43 did not rescind the provisions of prior executive orders granting

“off sale” privileges to series 12 licensees.
54.

On July 23, 2020, Governor Ducey issued Executive Order No. 2020-52,

continuing EO 2020-43 for an additional two weeks, through August 9. Ex. K.
55.

On August 10, 2020, the Arizona Department of Health Services (“ADHS”)

19

promulgated guidelines to implement EO 2020-43. Ex. L. These guidelines make it

20

virtually impossible for most of the Plaintiffs to open. Those guidelines provide that

21

“bars,” that is, series 6 and 7 licensees, cannot open at all until coronavirus positivity rates

22

dip below 3 percent for two weeks in the particular county. Coronavirus positivity rates in

23

Arizona have not dropped below 3 percent since the start of this “public health

24

emergency.” They may not do so for years. In addition, the guidelines provide that, when

25

positivity rates drop below 3 percent, series 6 and 7 licensees can open only at 50 percent

26

capacity, and without music, karaoke, dancing, or open seating—all requirements that do

27

not apply to their series 12 competitors, several of whom continue to operate with

28

karaoke, dancing, and open seating.
14

 1

56.

Some series 6 and 7 licensees who have county food permits can begin

2

operating at 50 percent capacity if the county positivity rate drops below 10 percent. Only

3

two Arizona counties currently meet that condition. The same restrictions apply, even if

4

some Plaintiffs can open—restrictions that do not apply to series 12 “restaurants.”

5

57.

ADHS has issued a form that allows individual series 6 or 7 licensees, who

6

live in counties that do not meet the current positivity rates, to petition for reopening if

7

they can attest that they will take measures above and beyond the requirements already set

8

forth in the new guidelines. Ex. M. Whether to permit opening is entirely in the discretion

9

of ADHS. There are no clear standards guiding their discretion. If ADHS denies the

10

request to reopen, the requester can request a settlement conference. If that does not bear

11

fruit, the requester must seek administrative relief in front of administrative law judges.

12

There are no clear standards to guide any such decisions by any officer along this process.

13

Of course, even if permitted to reopen, the requester must still submit to the severe

14

restrictions not applicable to series 12 or other licensees.

15

58.

Upon information and belief, ADHS has claimed that the requirements of

16

their August 10, 2020 guidelines apply to series 12 “restaurants,” too. Upon information

17

and belief, however, ADHS has not made the applicability to restaurants clear, and

18

restaurants are not operating under the same restrictions. Indeed, EO 2020-43 does not

19

apply to restaurants. And even if the new guidelines do apply to restaurants, such

20

restaurants can remain open, until there is an enforcement action against them for

21

violating the guidelines. In contrast, Plaintiffs all have to remain closed, until the point at

22

which ADHS approves their applications to reopen. The arbitrary discrimination against

23

series 6 and 7 licensees continues.

24

59.

Several of Plaintiffs have applied for reopening and have been denied. See,

25

e.g., Ex. N, O. The ADHS requires of them onerous restrictions—25 percent capacity,

26

closing by 10 P.M., requiring food purchases—that it does not require of their series 12

27

competitors.

28

The Impact on and Experiences of the Plaintiffs
15

 1

60.

Plaintiffs have suffered great harm from being unable to operate their

2

businesses in pursuit of their lawful occupations and ordinary callings. Plaintiffs continue

3

to suffer great harm. Almost all of them remain closed. Some have been able to open with

4

severe restrictions not applicable to series 12, or to series 3, 11, 13, 14, 18, or 19 licensees.

5

All of the Plaintiffs were investing in meeting public safety measures before the closures.

6

All can do so if given the opportunity. All have observed their direct competitors with

7

different series of licenses continue to operate—including with loud music and dancing.

8

61.

For example, Plaintiff Alan Kowalski, the owner of Clicks Billiards in

9

Tucson, explains that “we covered every other pool table and had assigned seating for

10

increased safety.” More still, “After the first shutdown we installed plexiglass shields to

11

increase safety for employees and guests. We installed two hand sanitizing dispensers for

12

use by employees and guests. We also had two spray bottles of hand sanitizer that could

13

be used anywhere in the building. . . . We had the floors marked for socially distancing

14

while waiting in line at the front counter. . . . We purchased disinfectants that could be

15

used on bathroom fixtures, tables, chairs, pool tables, pool table cloth, pool balls, pool

16

cues, racks, and counter surfaces. We implemented a log and required frequent cleaning

17

and sanitation of all surfaces. . . . Masks were required for all guests and employees. . . .

18

We adjusted and reduced our hours of operation so that we had time for increased

19

sanitation. We only used paper food menus to reduce surfaces being touched by more than

20

one person. . . . We removed all table tents and drink menus for increased safety.” Ex. P,

21

Decl. of Alan Kowalski, ¶¶ 3-4.

22

62.

The damages are severe and, potentially, irreparable. “In June we had profits

23

of around $5,700. We had zero revenue due to the shutdown in July. Our loss in July will

24

be about $11,400.” Id. ¶ 7. “This situation is almost at a point of no return. Employees

25

need to go back to work and us owners do as well. We have suffered irreparable harm and

26

even if we were allowed to open we will be spending months if not years just to get back

27

to even. We are holding on but each day we are closed brings us closer to not being able

28

to survive this situation. We will be forced to close our doors forever if there is not a
16

 1
2

quick remedy to this shutdown.” Id. ¶ 8.
63.

Plaintiffs David Delos, the owner of six bars with series 6 licenses, explains,

3

“When we could open, we took safety precautions seriously and not only implemented

4

safety protocols but spent thousands of dollars to ensure the safety of our customers and

5

our employees. We provided masks, hand sanitizer, followed social distancing guidelines.

6

We also hired a crew to clean each location every night which included wiping down all

7

bar surfaces, chairs, doors, bathrooms video and parlor games with approved cleaning

8

supplies specific for Covid-19.” Ex. Q, Decl. of David Delos ¶ 4.

9

64.

He explains that “I have lost many customers and some employees.” Even

10

when he can open, “I will only be allowed to operate at 50% capacity including strict new

11

guidelines of no dancing, no billiards, no darts or karaoke for the foreseeable future—all

12

while my competitors with different license numbers can stay open without similar

13

restrictions.” Id. ¶ 8.

14

65.

He further explains the urgency of this matter and the likelihood of

15

irreparable harm. “I have continued to incur debt as I have remained closed. Including

16

over 30K a month in rent plus utilizes this time of year that add up to over 8k a month.

17

These are cost that will not be abated. Four of my six locations received 5K per location in

18

the form of Covid -19 disaster relief grant, two locations received no assistance. Not even

19

close to expenses I have incurred.” Id. ¶ 9. “I have been able to establish an emergency

20

fund for tough times. These emergency funds have taken years of putting away a small

21

amount of money each month. After being closed over 3 months that emergency fund is

22

gone and now we must go into our savings to keep our rents and utilities payed with the

23

hope that some day soon we can reopen at full capacity and under the same conditions we

24

once enjoyed.” Id. ¶ 10.

25

66.

Plaintiff Ian Juul, owner of Mooney’s Irish Pub in Sedona, explains that

26

before the closure, “We had ceased all Live Music, Dancing, Karaoke, Darts and Foosball.

27

All our employees were wearing face coverings and they knew to wash their hands as

28

often as possible. All customers were required to wear face coverings and we were giving
17

 1

away free masks to customers who didn’t have masks. We had installed two high volume

2

medical grade air purifying systems that filtrate air to remove viruses. We had limited our

3

internal capacity to around 60 occupants which is 30% of our permitted capacity of 203

4

occupants. We had removed seating and tables so that there was at least 6 feet social

5

distancing clearance between chairs, tables and bar counter space. We had placed several

6

hand sanitizer stations within the bar to encourage hand sanitization by employees and

7

customers. We were wiping down all seats, tabletops, menus, door handles and pens after

8

use with alcohol. We had educational Covid-19 signs and messages posted on doors and

9

walls. We weren’t permitting more than 10 people to group together. Employees were

10

also told to stay at home if they felt sick and we were encouraging customers to sit outside

11

on our patio areas rather than sit inside as that is safer.” Ex. R, Decl. of Ian Juul ¶ 4.

12

67.

He explains that he emailed the Department of Liquor to ask why “a direct

13

competitor (Olde Sedona Bar and Restaurant) who had a Series 12 Liquor License was

14

allowed to continue trading just like a traditional bar with Live Music, Karaoke, Dancing,

15

Pool and Darts until 2am in the morning,” and to note “that most of my customers were

16

just socializing at this venue, or any of the other 102 businesses in Sedona selling

17

alcohol.” Id. ¶ 6. He asks, “Safely assuming that all businesses are following similar and

18

sensible Covid-19 sanitary measures, how can closing 2% of the businesses that sell liquor

19

in a small town like Sedona that has an extremely low Covid-19 infection rate be an

20

effective strategy to mitigate the spread of Covid-19 when the public can freely frequent

21

over 102 other competitor businesses that remain open for business selling alcohol in

22

Restaurants (60), Breweries (3), Hotels (15), Beer and Wine Bars (13), Wine Tasting

23

Rooms (3), Casino’s and Bars that still remain open (8).” Id. ¶ 9.

24

68.

Mr. Juul also explains the extent of the damages, and the risk of irreparable

25

harm. “Keeping my business closed due to Executive Orders financially costs me $

26

25,000 a month or $ 6,000 a week as I need to pay business and personal commitments.

27

The biggest tangible financial costs are rentals, loans, utilities, insurance and personal

28

living expenses. I have also lost monthly profits of at least $ 10,000 a month as I have no
18

 1

sales and I have been closed over the busiest / best months of the year being March, April

2

and May. There are other financial losses too which are harder to quantify but they still

3

exist. These include the loss of inventory that expires and that needs to be dumped (at

4

least $ 5,000). The ‘Goodwill’ value of my business diminishes every week I remain

5

closed as I have attrition in my customer base as customers are drinking and eating at the

6

other 102 competing establishments in my town. The ‘Market Value’ of my business is

7

way lower having been closed 40% of 2020 as its overall profitability and attractiveness to

8

potential buyers is way lower now. Who really wants to buy a Bar right now? The

9

‘Market Value’ of my previously coveted Coconino Series 6 Liquor was around $ 100,000

10

before Covid-19 and I doubt I could find a buyer right now. I have also lost good

11

employees who are forced to seek alternative employment and it is very disruptive

12

rehiring and training employees and our Employee Turn-over Rate is over 50% so far in

13

2020. I have also suffered mentally and emotionally as most of the Executive Orders that

14

apply to my business don’t have a rational basis and there is so much confusion and

15

uncertainty.” Id. ¶ 10.

16

69.

He continues, “Due to Executive Order closures so far in 2020, I have

17

personally funded over $ 80,000 in tangible financial losses up to August 6, 2020. I have

18

also lost at least $ 30,000 in profits. The ‘Market Value’ of my business and its liquor

19

license has safely diminished by 50% and that is at least $ 300,000 in ‘value’. I have

20

contingent liabilities that affect me personally in the form of Lease, Loan and Tax

21

commitments and these amount to over $ 750,000. I cannot continue or hold-out much

22

longer and there is no certainty into the future. What reasonable person can continue

23

trying to run a business like this?? How much more does Gov Ducey and Arizona

24

Department of Health Services want me to sacrifice?? I immigrated to United States of

25

America in 2011 as I consider myself an Economic Refugee from Zimbabwe and South

26

Africa, both African countries who economically persecute minorities and what I find

27

myself in today is not the ‘American Dream’.” Id. ¶ 11.

28

70.

Plaintiff Kyle Schwab demonstrates the discrimination of the Governor’s
19

 1

orders. “I have visited several Bars that are open despite alcohol being the obvious focus

2

of their business they have been determined otherwise. An example is Union Public

3

House and Reforma in Tucson, AZ. I have seen live concerts, DJ’s, overcrowding,

4

Standing Room only, People not wearing face masks, dancing, kissing, bar fights, people

5

so over in toxified they were swaying back and forth about to fall over. This was only

6

around 11:30 PM and I believe this only got worse as the night progressed until they

7

closed at 2:00am. It is my opinion that a type of bottleneck has been created in the

8

industry as the demand for drinking establishments has not diminished as much as the

9

amount of businesses have. This new environment has created such a demand it has the

10

feel of a Las Vegas Club at these venues and them being busier now than ever before and

11

trying but failing to keep the crowds under control. This is not an outlier as everyone in

12

the area knows the venues that are still open and operating full bars and those that are

13

not.” Ex. S, Decl. of Kyle Schwab ¶ 5. Mr. Schwab includes photographic evidence of the

14

crowding and dancing at these open establishments. He also includes video evidence. The

15

atmosphere is that of a nightclub—the exact problem that Defendants seek to avoid. Yet a

16

series 12 establishment can continue operating as a nightclub. A series 6 cannot.

17

71.

Mr. Schwab describes the likelihood of irreparable harm: “If this persists, I

18

do not see a future for my business. I am not wealthy and have an extremely limited

19

amount of funds to keep going. Even if allowed to open today I would have to ask my

20

landlord for some sort of forgiveness or forbearance. If this persists, I doubt he would

21

reconcile the amount of money needed for me to re-open and get business running

22

sufficiently again.” Id. ¶ 7.

23

72.

Plaintiff Lee Fabrizio explains the likelihood of irreparable harm to him, his

24

co-owners, and their business: “We are still being charged rent with zero revenue. We

25

estimate we have 2 months cash reserve before we will be forced to close our doors.

26

Franchises can survive intentional discriminatory actions with great success. Small

27

businesses cannot.” Ex. T, Decl. of Lee Fabrizio ¶ 6.

28

73.

“As of the writing of this document, I am heading into my fourth month of
20

 1

closure and hence, fourth month of no income,” explains Plaintiff Sheri Marie Shaw, the

2

single woman owner of a small wine bar. Ex. U, Decl. of Sheri Marie Shaw ¶ 3. When she

3

was briefly open, she explains, “I implemented daily temperature checks and health

4

checks on my employees and posted COVID related signage on my entrance for patrons. I

5

removed tables and bar stools and stored them in my garage so that I could properly

6

implement social distancing. I tape measured the distance between each seating to ensure

7

that they were at least 6 feet apart and limited my occupancy to 30. My full capacity is 58.

8

No party was seated until the table and chairs were fully sanitized. This was done in

9

between every seating. Approximately 10 days after opening, masks were required by all

10

employees. We offer a cheese plate and a hummus plate and since opening day, in March

11

of 2019 (a year before the pandemic) I have required clean gloves to be worn while

12

preparing these plates. Handwashing is always and always has been strictly enforced.” Id.

13

¶ 4.

14

74.

Ms. Shaw explains the blatant discrimination. “People come in and ask if

15

they can have a glass of wine. When I tell them that I can only do bottle sales, they walk

16

directly across the alley (approximately 50 feet away) to the winery that is open and have

17

one there. Their business model is the same as mine, minus the food. There are, in fact,

18

three wineries in town that are currently open. Same business model. Different license

19

number. The only difference is that they make their product while I purchase mine. I don’t

20

understand how the “making of your product” helps to defend against COVID. In fact, it

21

does not. I can assure the powers that be, that I can fully and adequately implement the

22

same sanitizing and social distancing measures that these wineries are implementing. I,

23

however, have not even been given a chance.” Id. ¶ 6.

24

75.

Moreover, “There is also a restaurant with a bar just down the alley from my

25

business that is doing live music and dancing on a weekly basis. In fact, after my last

26

bottle sale, I decided to grab some food at this establishment. It is a large venue with a

27

large occupancy. There were easily 150-200 people inside and most of the “bar” patrons

28

were not eating food. It was so disheartening to witness when I can’t even have twenty
21

 1

people in my business. I had to leave. There is another establishment in town that is a

2

series 6 and does not have a kitchen. They are having patrons order food from the

3

business next store and are then serving them. Their employee informed me that they were

4

approved to do so by the liquor board. In short, there are multiple businesses taking

5

advantage of the current situation. I see advertisements for karaoke, live music and

6

dancing. I see Facebook photos of large gatherings in the bar areas of restaurants, many of

7

which are not even serving food in these areas.” Id. ¶ 7.

8

76.

Ms. Shaw explains the severe and soon-to-be irreparable damages: “It is

9

impossible to sustain this. My series 7 license was 35K and it took me a year to obtain it. I

10

don’t know if I’ll ever be able to sell it or make any profit on it after the beating that bars

11

have taken this year. I saved 10% of my income my entire life, I live in a house with a

12

mortgage of less than $600/month. I have been financially responsible and have lived well

13

below my means my entire adult life, just so that I could, one day, open my dream

14

business and pay cash for it. I’ve done that. I built a successful business that was starting

15

to make money the first year. This was dream. This was my life savings. I’m about to

16

lose it all because of this shut down.” Id. ¶ 8. “If this continues, my doors will shut forever

17

and I will have lost everything due to no fault of my own.” Id. ¶ 9.

18

77.

Plaintiff Ian Francis Likwarz, the owner of Sazerac in downtown Phoenix,

19

explains, “In addition to creating craft cocktails, and serving local craft beer, we also

20

maintain a permanent Food Trailer on our 3,000 square foot outdoor patio area, that serves

21

food during business hours. We have had, and maintained, the permanent food trailer

22

providing a full menu of food for over a year prior to the coronavirus outbreak. We have

23

been forced to close our doors, even though we serve a full menu of food, whereas our

24

local competitors who have similar establishments, also serving alcohol and food, are able

25

to remain open because they have an Arizona #12 License and we operate with an

26

Arizona #6 License.” Ex. V, Decl. of Ian Francis Likwarz ¶ 3. Mr. Likwarz includes a

27

photo of his business’s patio—which can easily accommodate social distancing, and

28

certainly which does so more than establishments that are open.
22

 1

78.

“During this closure of #6 & #7 license holders, I have personally witnessed

2

MANY other bars, breweries, and restaurants operating with #3, #12 & #18 licenses at a

3

heavy capacity, with little to no social distancing, and events like Karaoke taking place,”

4

he continues. “The biggest personal frustration has been to have my hands tied, sit back

5

and watch other competitors doing far less than what was required to operate safely during

6

this time of us being shut down, while we had implemented so many of the current safety

7

protocols prior to the order to close. We were being much safer than our competitors who

8

were allowed to stay open.” Id. ¶ 7. “We may be able to hold on for a few more months,

9

and then we will have no choice but to close our doors for good.” Id. ¶ 9.

10

79.

Plaintiff Matt Brassard, the owner of Matt’s Saloon in Prescott, Arizona, on

11

the famous whiskey row, provides multiple examples of discrimination. His declaration

12

includes eight (8) photographs from Facebook of advertisements from his direct

13

competitors, all while Mr. Brassard himself was closed down. His competitors—with

14

series 12 licenses—hosted dances, karaoke nights, ladies nights, and live music. For

15

example, Danny B’s Fish and Chips, with a series 12 licenses (#12133678), advertised

16

Karaoke night every Thursday. A local Moose Lodge advertised “karaoke night” with a

17

“full bar” and “no membership required.” Ex. W, Decl. of Matthew Brassard, ¶ 7.

18

Karaoke is specifically prohibited to series 6 licensees in ADHS’s August 10 guidelines.

19

Ex. L. Yet apparently it is perfectly acceptable to serve alcohol and offer karaoke if you

20

have a series 12 or series 14 license. Mr. Brassard explains, “Nothing can ever un-do the

21

damage that has been done to my livelihood and the livelihood of my entire staff, DJ’s

22

and musicians that all rely on me and my business.”

23

80.

Plaintiff Eva Stapleton, owner of Dirty Blonde Tavern in Chandler, provides

24

several photos of three locations with series 12 “restaurants.” As the photos indicate, all of

25

them have bars. All of them are packed. All of them are serving alcohol. Ex. X, Decl. of

26

Eva Stapleton, ¶ 8.

27
28

81.

Plaintiff Larry Wendt owns Buffalo Chip Saloon & Steakhouse. He explains

that Handlebar J’s Bar and Grill in Scottsdale, which has a series 6 license (06070248), is
23

 1

a direct competitor of his. While Mr. Wendt is closed down, Defendant DLLC has

2

permitted Handlebar J’s to stay open. In fact, on August 7, Handelbar J’s published a

3

photo on its Facebook page of live music. On July 17, they posted a photo of a large

4

group, including someone drinking a beer. More still, Mr. Wendt does more than 40

5

percent in food sales every year. He could have a series 12 license. Yet he is shutdown,

6

and his direct competitor can stay open. “We are at risk of being able to reopen now and I

7

estimate within 3 weeks, I will be forced to close permanently.” Ex. Y.

8
9

Legal Arguments
82.

Executive Order 2020-43, and most of Governor Ducey’s other executive

10

orders, are unconstitutional on two or three grounds (depending on the order). First, the

11

statute on which they are based violates Article 3 and Article 4, § 1 of the State

12

Constitution, which provide that “[t]he powers of the government of the state of Arizona

13

shall be divided into three separate departments, the legislative, the executive, and the

14

judicial; and, except as provided in this constitution, such departments shall be separate

15

and distinct, and no one of such departments shall exercise the powers properly belonging

16

to either of the others,” and that “[t]he legislative authority of the state shall be vested in

17

the legislature.” That is, the Governor’s orders are invalid because, if the Governor has

18

not exceeded statutory authority, then the statute on which his orders are based is an

19

invalid delegation of legislative power.

20

83.

Second, the statute on which his orders are based, if it authorizes the

21

Governor’s executive orders and ADHS’s guidelines in this case, violates Article 2, § 13

22

of the State Constitution, which provides, “No law shall be enacted granting to any

23

citizen, class of citizens, or corporation other than municipal, privileges or immunities

24

which, upon the same terms, shall not equally belong to all citizens or corporations.” The

25

only legal distinction between series 6 and 7 licensees and other licensees such as series

26

12 is that series 6 and 7 licensees paid for the valuable privileges of off-sale and of not

27

having to maintain a minimum amount of food sales. There is no legal distinction between

28

a series 6 or 7 establishment and a series 12 establishment—or a series 3, 11, 13, 14, 18,
24

 1
2

or 19 establishment—that has any relation to public health.
84.

In addition, the Governor’s orders violate the equal protection clause of the

3

federal constitution for the same reasons. Because they violate the federal constitution, the

4

Governor has also violated 42 U.S.C. § 1983, and must pay Plaintiffs damages for the

5

periods in which they have been closed

6

85.

Third, Executive Order 2020-09 and related orders directly deprive

7

Plaintiffs of their property with no process at all, in direct violation of Article 2, § 4 of the

8

State Constitution, and Amend. V of the U.S. Constitution, which provide, “No person

9

shall be deprived of life, liberty, or property without due process of law.” Specifically, the

10

Governor’s order directly “takes” property from series 6 and 7 licensees—their valuable

11

privilege of off-sale—and “gives” that property to others—series 12 licensees who did not

12

pay for the privilege. This is a classic violation of procedural due process.

13

86.

Because taking property from A and giving it to B has been the

14

quintessential violation of due process for hundreds of years, the Governor has also

15

violated clearly established law—and must pay for damages under 42 U.S.C. § 1983 for

16

giving away Plaintiffs’ paid-for off-sale privileges.

17

87.

Fourth, the executive orders also constitute a regulatory taking of Plaintiffs’

18

property for the period in which the Plaintiffs were deprived of their property interest in

19

their licenses and their use of their licenses. As explained, series 6 and 7 licenses are

20

property rights—they can be bought, sold, transferred, or inherited, and Plaintiffs paid

21

upwards of $100,000 for each series 6 license. The two principal sticks in the bundle of

22

property rights conferred by a series 6 (or 7) license are the privileges of selling alcoholic

23

beverages on-premise without having to have a minimum number of food sales, and of

24

off-sale. The Governor’s executive orders, taken together, has all but destroyed the value

25

of Plaintiffs’ series 6 or 7 licenses. They constitute a regulatory taking of Plaintiffs’

26

property.

27

A.R.S. § 26-303(E)(1) Is Unconstitutional Under the Arizona Constitution, But Can

28

Be Narrowly Construed In These Circumstances
25

 1

88.

Articles 3 and 4 of the State Constitution supply a fundamental principle of

2

our government: the legislature may not delegate its legislative power to another. This is

3

called the “nondelegation doctrine.” “Under the doctrine of ‘separation of powers’ the

4

legislature alone possesses the lawmaking power and, while it cannot completely delegate

5

this power to any other body, it may allow another body to fill in the details of legislation

6

already enacted.” State v. Arizona Mines Supply Co., 107 Ariz. 199, 205 (1971) (emphasis

7

added). “A statute need establish no more than a sufficient basic standard, i.e., a definite

8

policy and rule of action which will serve as a guide for the administrative agency, in

9

order for the delegation of legislative power to be deemed valid.” Id. at 205–06 (quoting

10

Department of Health v. Owens-Corning Fiberglas Corp., 100 N.J. Super. 366 (1968)).

11

The language of Arizona Mines evokes Chief Justice Marshall’s dictum in Wayman v.

12

Southard that Congress cannot delegate “exclusively legislative” power, but “Congress

13

may certainly delegate to others, powers which the legislature may rightfully exercise

14

itself.” 23 U.S. 1, 42–43 (1825). “The line has not been exactly drawn,” Chief Justice

15

Marshall continued, “which separates those important subjects, which must be entirely

16

regulated by the legislature itself, from those of less interest, in which a general provision

17

may be made, and power given to those who are to act under such general provisions to

18

fill up the details.” Id. at 43 (emphases added).

19

89.

The Governor’s executive orders are purportedly authorized by A.R.S. § 26-

20

303(E)(1), which provides, “During a state of emergency . . . [t]he governor shall have

21

complete authority over all agencies of the state government and the right to exercise,

22

within the area designated, all police power vested in the state by the constitution and laws

23

of this state in order to effectuate the purposes of this chapter.” A “state of emergency” is

24

defined as “the duly proclaimed existence of conditions of disaster or of extreme peril to

25

the safety of persons or property within the state caused by air pollution, fire, flood or

26

floodwater, storm, epidemic, riot, earthquake or other causes, except those resulting in a

27

state of war emergency, which are or are likely to be beyond the control of the services,

28

personnel, equipment and facilities of any single county, city or town, and which require
26

 1
2

the combined efforts of the state and the political subdivision.” Id. § 26-301(15).
90.

The “police power” of a state is, in effect, its legislative power: its power

3

over the health, safety, welfare, and morals of the people. “The state acting pursuant to

4

its police powers may ‘make, ordain and establish all manner of wholesome and

5

reasonable laws, statutes and ordinances either with penalties or without as shall be judged

6

to be good for the welfare of the state and its residents.’” Campbell v. Superior Court In &

7

For Maricopa Cty., 106 Ariz. 542, 546 (1971) (quoting McKinley v. Reilly, 96 Ariz. 176,

8

179 (1964)); see also Ilan Wurman, The Origins of Substantive Due Process, 87 U. Chi. L.

9

Rev. 815 (2020) (describing a variety of police power doctrines in the antebellum era).

10

91.

The governor’s discretion is not cabined by this statute in any way, except

11

by the general purpose to confront and resolve emergencies. It is a naked delegation of the

12

state’s legislative power to the governor. The Governor’s actions are not merely matters of

13

detail. They involve wide-ranging and important subjects.

14

92.

To illustrate the breadth and importance of the authority the Governor has

15

purported to exercise, the Governor, without citation to specific authorities, has, in

16

addition to shutting down certain businesses, issued executive orders to force health

17

insurers, among other requirements, to cover diagnostic testing, EO 2020-07; to prohibit

18

price gouging, id.; to allow restaurants, contrary to existing law, to sell liquor for off-

19

premise consumption, EO 2020-09; to prohibit “non-essential or elective” surgeries, EO

20

2020-10; to suspend some of the legal requirements for obtaining unemployment

21

insurance, EO 2020-11; to prohibit local governments from interfering with businesses he

22

defines as “essential,” EO 2020-12; to delay enforcement of eviction actions, EO 2020-14,

23

EO 2020-49; to require individuals to stay home unless for essential activity, EO 2020-18;

24

to prohibit pharmacists and medical professionals from prescribing certain medications

25

except under specified conditions, notwithstanding their medical judgment, EO 2020-20;

26

to prohibit the commercial eviction of small businesses, EO 2020-21; to suspend

27

regulatory requirements to allow restaurants to increase profits by selling grocery items,

28

EO 2020-25; to immunize healthcare workers from civil liability contrary to existing
27

 1

statutes, EO 2020-27; to delay the start of the school year and waive regulatory

2

requirements related to education, EO 2020-41, EO 2020-44; and to fund and extend

3

programs, such as those administered by the Arizona Department of Environmental

4

Quality, without legislative approval, EO 2020-46.

5

93.

Simply put, the Governor has stated repeatedly that the current situation is

6

“our new normal for the foreseeable future” and “[t]here’s no end in sight,” Gov. Doug

7

Ducey,

8

https://azgovernor.gov/video; the legislature is able to meet, whether or not it desires to do

9

so and whether or not the Governor chooses to call them into session; and the response to

10

the coronavirus pandemic involves wide-ranging, important, and contested policy

11

questions. It cannot be that a single person gets to answer such questions for the

12

foreseeable future. The conclusion is inescapable: either the statute purporting to give the

13

Governor the authority he has exercised is an unconstitutional delegation of legislative

14

power, or the Governor has exceeded his statutory authority.

15

Press

94.

Conference,

at

0:10:39–59,

0:20:55–21:01

(July

16,

2020),

The Governor is expected to rely for support on Globe School District No. 1

16

of Globe v. Board of Health of City of Globe, 20 Ariz. 208 (1919), in which the Arizona

17

Supreme Court upheld a delegation of broad authority to a “city health board” to confront

18

the Spanish Flu epidemic. Resp. 24. That case has nothing to do with this one.

19

Delegations to municipal authorities are governed by entirely different legal rules. The

20

first and primary reason such delegations are permissible is because they are vertical

21

delegations of actual legislative power. That is why Congress can delegate legislative

22

power over territorial matters to territories, and legislative power over local matters to the

23

District of Columbia. See Ilan Wurman, Nondelegation at the Founding, 130 Yale L.J.

24

(forthcoming

25

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3559867. The matter is entirely

26

different when the legislature delegates its legislative authority to the executive, who can

27

veto any legislative attempts to reclaim that delegated power. Id.

28

95.

2021)

(manuscript

at

28–30),

Delegations to municipal authorities are different for another reason:
28

 1

historically, courts rigorously reviewed municipal exercises of delegated police powers to

2

ensure they were reasonable, not monopolistic, and not in restraint of trade. See Ilan

3

Wurman, The Origins of Substantive Due Process, 87 U. Chi. L. Rev. 815, 825–37

4

(2020). That is still the law in Arizona. City of Tucson v. Stewart, 45 Ariz. 36, 46 (1935)

5

(“If such regulations . . . are reasonable and not monopolistic or oppressive, they are a

6

proper exercise of the city’s police power.”); City of Tucson v. Rineer, 193 Ariz. 160, 166

7

(Ct. App. 1998) (similar).

8

96.

The Governor is also expected to rely on the idea that the legislature has

9

retained for itself the power to issue a concurrent resolution to terminate the Governor’s

10

emergency powers. A.R.S. § 26-303(F). Such an argument falls flat because the

11

legislature will not be in session until January and the Governor has no apparent plan to

12

call them into special session. But such an argument also has a constitutional defect: this

13

provision was enacted prior to INS v. Chadha, 462 U.S. 919 (1983), declaring legislative

14

veto provisions unconstitutional. If the Governor is exercising executive and not

15

legislative power—as the Governor is expected to argue—then the legislature cannot keep

16

a back-end check on such exercises of executive power. The legislature can only make

17

law, which requires bicameralism and presentment. It cannot veto an exercise of law-

18

execution. Ariz. Const. art. 4, § 12; id. art. 5, § 7.

19

97.

As a general matter, courts will avoid striking down a statute for being

20

unconstitutional if there is a plausible alternative reading of the statute that avoids the

21

constitutional difficulty. Slayton v. Shumway, 166 Ariz. 87, 92 (1990) (“[W]here alternate

22

constructions are available, we should choose that which avoids constitutional

23

difficulty.”). At the federal level this “constitutional avoidance” doctrine has been applied

24

(at least arguably) in two nondelegation challenges. See Industrial Union Dept., AFL-CIO

25

v. American Petroleum Institute, 448 U.S. 607 (1980) (“The Benzene Case”); Gundy v.

26

United States, 588 U.S. __ (2019).

27
28

98.

Here, the Governor has a suite of specific authorities for handling

contagious disease epidemics in Title 36 of the Arizona statutes. The sweeping delegation
29

 1

of authority in § 303(E)(1), if it is not struck outright, can be narrowly construed in light

2

of those authorities.

3

99.

Title 36 of the Arizona statutes is on “Public Health and Safety.” Chapter 6

4

is on “Public Health Control.” Article 2 of this chapter (§§ 36-621–631) is on “Contagious

5

Diseases,” and Article 9 (§§ 36-781–790) is on “Enhanced Surveillance Advisories and

6

Public Health Emergencies.” These statutory provisions grant the Governor and county

7

health authorities a handful of specific authorities to combat contagious diseases.

8

100.

9

A. The governor, in consultation with the director [of the department
of health services], may issue an enhanced surveillance advisory if the
governor has reasonable cause to believe that an illness, health condition or
clinical syndrome caused by bioterrorism, epidemic or pandemic disease or
a highly fatal and highly infectious agent or biological toxin has or may
occur or that there is a public event that could reasonably be the object of a
bioterrorism event. The illness or health condition may not include acquired
immune deficiency syndrome or any other infection caused by the human
immunodeficiency virus.
B. As determined by the governor after considering the least
restrictive measures necessary that are consistent with public health and
safety, the enhanced surveillance advisory shall direct the following in
accordance with this article:
1. Those persons and entities required to report.
2. The clinical syndromes, any illness or health condition that may be
associated with bioterrorism or a specific illness or health condition to be
reported.
3. Patient tracking.
4. Information sharing.
5. Specimen testing coordination.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

101.

Section 36-782, “Enhanced surveillance advisory,” provides,

Nothing in § 36-782 authorizes the Governor in a pandemic to close down

businesses, or to assign their privilege of off-sale to Plaintiffs’ direct competitors who did
not pay for that privilege.
102.

Section 36-787, “Public health authority during state of emergency or state

of war emergency,” provides in Part A: “During a state of emergency or state of war
emergency declared by the governor in which there is an occurrence or imminent threat of
an illness or health condition caused by bioterrorism, an epidemic or pandemic disease or
a highly fatal infectious agent or biological toxin and that poses a substantial risk of a
significant number of human fatalities or incidents of permanent or long-term disability,

30

 1

the department [of health services] shall coordinate all matters pertaining to the public

2

health emergency response of the state.”

3

103.

The reference to a declared “state of emergency or state of war emergency”

4

in the event of an “epidemic or pandemic disease” is a cross-reference back to a

5

declaration under § 26-303.

6

104.

The remainder of § 36-787(A) provides that the Department of Health

7

Services has primary jurisdiction, responsibility, and authority for planning and executing

8

public health assessments; coordinating public health emergency responses among local

9

governments; collaborating with the federal government and private entities; organizing

10

public information activities; establishing waivers for professional licensure; and similar

11

authorities.

12

105.

Nothing in § 36-787(A) authorizes the Governor in a pandemic to close

13

down businesses, or to assign their privilege of off-sale to Plaintiffs’ direct competitors

14

who did not pay for that privilege.

15

106.

Section 36-787(B) then provides that the Governor, in consultation with the

16

director of the Department of Health Services, “may issue orders that: 1. Mandate medical

17

examinations for exposed persons[;] 2. Ration medicine and vaccines[;] 3. Provide for

18

transportation of medical support personnel and ill and exposed persons[; and] 4. Provide

19

for procurement of medicines and vaccines.”

20

107.

Nothing in § 36-787(B) authorizes the Governor in a pandemic to close

21

down businesses, or to assign their privilege of off-sale to Plaintiffs’ direct competitors

22

who did not pay for that privilege.

23

108.

Section 36-787(C) then provides that “[i]n addition to the authority provided

24

in subsections A and B, during a state of emergency or state of war emergency in which

25

there is an occurrence or the imminent threat of smallpox, plague, viral hemorrhagic

26

fevers or a highly contagious and highly fatal disease with transmission characteristics

27

similar to smallpox, the governor, in consultation with the director of the department of

28

health services, may issue orders that: 1. Mandate treatment or vaccination of persons who
31

 1

are diagnosed with illness resulting from exposure or who are reasonably believed to have

2

been exposed or who may reasonably be expected to be exposed[; and] 2. Isolate and

3

quarantine persons.”

4

109.

Nothing in § 36-787(C) authorizes the Governor in a pandemic to close

5

down businesses, or to assign their privilege of off-sale to Plaintiffs’ direct competitors

6

who did not pay for that privilege.

7

110.

Section 36-788(A) provides that, “[s]ubject to the provisions of this article,

8

persons who have contracted the disease or who have been exposed to the disease may be

9

subject to isolation and quarantine if the director determines that quarantine is the least

10

restrictive means by which the public can be protected from transmission of the disease,

11

due to the nature of the disease and available preventive measures, or refusal by an

12

individual to accept less restrictive measures to prevent disease transmission.”

13

111.

Nothing in § 36-788(A) authorizes the Governor in a pandemic to close

14

down businesses, or to assign their privilege of off-sale to Plaintiffs’ direct competitors

15

who did not pay for that privilege.

16

112.

Section 36-788(B) provides that the Department of Health Services may

17

“[e]stablish and maintain places of isolation and quarantine, which may include the

18

residence of the person quarantined.” It may also “[r]equire isolation or quarantine of any

19

person by the least restrictive means necessary to protect the public health.” The

20

department “shall use all reasonable means to prevent the transmission of disease among

21

the isolated or quarantined persons.”

22

113.

Nothing in § 36-788(B) authorizes the Governor in a pandemic to close

23

down businesses, or to assign their privilege of off-sale to Plaintiffs’ direct competitors

24

who did not pay for that privilege.

25
26
27
28

114.

Section 36-789 provides due process rights to “person or persons to be

isolated or quarantined.”
115.

Section 36-624 provides, “When a county health department or public

health services district is apprised that infectious or contagious disease exists within its
32

 1

jurisdiction, it shall immediately make an investigation. If the investigation discloses that

2

the disease does exist, the county health department or public health services district may

3

adopt quarantine and sanitary measures consistent with department rules and sections 36-

4

788 and 36-789 to prevent the spread of the disease. The county health department or

5

public health services district shall immediately notify the department of health services of

6

the existence and nature of the disease and measures taken concerning it.”

7

116.

As noted, §§ 36-788 and 36-789 do not authorize the Governor to close

8

down businesses. Section 36-624 allows the county health department to adopt quarantine

9

and “sanitary measures.” Nothing in that section authorizes the Governor in a pandemic to

10

close down businesses, or to assign their privilege of off-sale to Plaintiffs’ direct

11

competitors who did not pay for that privilege.

12
13
14

117.

No other provision of the Arizona statutes authorizes the Governor to take

any additional actions in the event of a pandemic or epidemic.
118.

The conclusion is inescapable. Either the Governor has exceeded statutory

15

authority by exercising the powers he has purported to exercise, or A.R.S. § 303(E)(1) is

16

an unconstitutional delegation of legislative power as applied to the coronavirus

17

“emergency.” Such a delegation should therefore be narrowly construed in light of the

18

Governor’s more specific authorities in Title 36 of the Arizona statutes. Nothing in that

19

Title authorizes the Governor to close down Plaintiffs’ businesses or assign their off-sale

20

privileges to their competitors.

21

119.

Indeed, it appears that the Governor has exceed statutory authority even if

22

that authority is not limited by Title 36, at least in some instances. Even if we look only to

23

Title 26, the emergency statute defines “Emergency management” as “the preparedness,

24

response, recovery and mitigation activities necessary to respond to and recover from

25

disasters, emergencies or contingencies.” A.R.S. § 301(6). And it defines “Mitigation” as

26

“measures taken to reduce the need to respond to a disaster and to reduce the cost of

27

disaster response and recovery.” Id. § 301(11). It defines “Preparedness” as “actions taken

28

to develop the response capabilities needed for an emergency.” Id. § 301(12). It defines
33

 1

“Recovery” as “short-term activities necessary to return vital systems and facilities to

2

minimum operating standards and long-term activities required to return life to normal or

3

improved levels.” Id. § 301(13). Finally, it defines “Response” as “activities that are

4

designed to provide emergency assistance, limit the primary effects, reduce the probability

5

of secondary damage and speed recovery operations.” Id. § 301(14).

6

120.

How, exactly, does taking away Plaintiffs’ off-sale privileges and giving

7

them to their competitors fit these definitions? That action has nothing to do with response

8

capability, returning “vital systems” to normal, and they have nothing to do with reducing

9

the primary effects or secondary damage to the health of the public or individuals. Surely

10

these statutory authorities do not authorize the Governor to do anything and everything

11

under the sun that has some secondary or tertiary relationship to the coronavirus. Nothing

12

authorizes him to enact social or economic policies to counteract secondary social or

13

economic effects of the virus. He has authority to combat the virus. Nothing more,

14

nothing less. The privilege of off-sale surely does not count.

15

The Governor’s Order Violates Art. 2, § 13 of the Arizona Constitution, Which

16

Requires Equality in Privileges and Immunities

17

121.

Article 2, § 13 of the State Constitution provides, “No law shall be enacted

18

granting to any citizen, class of citizens, or corporation other than municipal, privileges or

19

immunities which, upon the same terms, shall not equally belong to all citizens or

20

corporations.”

21

122.

Article 2, § 13, by its text, is limited to “enacted laws.” Had the legislature

22

enacted into law the governor’s order, it would have violated this clause. A fortiori, it

23

cannot be the case that the governor can on his own issue orders pursuant to vague

24

delegations if those orders, had they been “laws,” would have violated this clause.

25

123.

Put another way, if A.R.S. § 303(E)(1), or any other statute, were interpreted

26

to allow the Governor’s executive orders, then that statute as applied would violate Art. 2,

27

§ 13 of the State Constitution by effectively “granting” to some citizens “privileges or

28

immunities” to pursue a lawful occupation on the “terms” that they engage in proper
34

 1

sanitary measures, while denying to other citizens the same privilege to pursue essentially

2

the same lawful occupation “upon the same terms” of complying with such sanitary

3

measures.

4

124.

This state’s privileges or immunities clause, like the privileges or

5

immunities clauses in several other states, require equality in the privileges and

6

immunities of state citizenship. See Ilan Wurman, The Second Founding: An Introduction

7

to the Fourteenth Amendment (Cambridge University Press forthcoming) (on file with

8

counsel) (describing state privileges or immunities clauses). These clauses were products

9

of Jacksonian-era antipathy to special privileges and, in the Reconstruction constitutions

10

in the Southern states, to the insidious Black Codes that systematically denied the same

11

civil rights to black Americans as white Americans enjoyed. Id.

12

125.

The privileges or immunities clause of this and other states’ constitutions, as

13

well as of the federal Constitution, protect all civil rights, but not political rights. A

14

fundamental civil right includes the right to pursue a lawful calling. Interpreting Article

15

IV of the U.S. Constitution, which requires a state to accord the same privileges and

16

immunities to citizens visiting from other states as it accords its own citizens, Justice

17

Bushrod Washington held that “the privileges and immunities of citizens in the several

18

states . . . belong, of right, to the citizens of all free governments,” and these include “the

19

enjoyment of life and liberty, with the right to acquire and possess property of every

20

kind,” “to pursue and obtain happiness and safety,” and “to reside in any . . . state, for

21

purposes of trade, agriculture, professional pursuits, or otherwise,” subject nevertheless

22

“to such restraints as the government may justly prescribe for the general good of the

23

whole.” Corfield v. Coryell, 6 F. Cas. 546, 551–52 (C.C.E.D. Pa. 1825); 2 see also

24

Slaughter-House Cases, 83 U.S. 36, 76 (1872) (noting this definition of state privileges

25

and immunities had been adopted by the Supreme Court); id. at 88 (Field, J., dissenting)

26
27
28

2

Although this case is often reported as dating from 1823, it was decided in 1825. 6 F.
Cas. at 550.
35

 1

(“right to pursue one of the ordinary trades or callings of life . . . is a right appertaining

2

solely to the individual”); id. at 119 (Bradley, J., dissenting) (“the privilege of engaging in

3

any lawful employment for a livelihood” is a privilege of state and national citizenship).

4

126.

In numerous cases, Arizona courts have struck down different taxes or

5

regulations imposed on similarly situated businesses or persons where the difference was

6

not in furtherance of the public health, safety, or welfare. In Gila Meat Co. v. State, the

7

Supreme Court struck down a statute that “impose[d] different taxes upon persons

8

engaged in the same business, without such difference being based upon a reasonable

9

classification for purposes of the public health, safety, or general welfare,” on the basis

10

that such a statute “in effect grant[ed] to certain citizens privileges and immunities which

11

are not granted to others similarly situated on equal terms.” 35 Ariz. 194, 202 (1929).

12

127.

In Killingsworth v. W. Way Motors, Inc., 87 Ariz. 74 (1959), the Arizona

13

Supreme Court, while upholding numerous exercises of the police power, invalidated a

14

state law re-quiring dealers of new cars to own their buildings in fee simple, or lease

15

buildings with space sufficient to display two or more vehicles, with the ostensible

16

purpose of preventing fraud. The Court held the law had “no reasonable relationship . . . to

17

the purpose sought to be achieved, the restriction [was] arbitrary, discriminatory, and

18

unlawful.” Id. at 80. Indeed, the Court asked, was “there any valid reason for failing to

19

impose the same requirements upon a dealer engaged in the business of buying and selling

20

used motor vehicles?” Id. (emphases added). The opportunity to defraud customers was

21

certainly “as great” for the used car dealer as for the new car dealer. Thus, the limitation

22

was “arbitrary, unreasonable and discriminatory and violate[d] . . . Article 2, Section 13 of

23

the state constitution.” Id.

24

128.

Importantly, Petitioners do not argue that the legislature cannot impose

25

regulations on an industry, so long as there is a rational basis for them. But what it cannot

26

do is shut down only bars owned by African-Americans, or only bars owned by women.

27

The legislature’s general power over liquor does not answer the constitutional question of

28

discrimination. Petitioners argue that when the government discriminates among similarly
36

 1

situated businesses and competitors, that discrimination triggers the protection of the state

2

privileges or immunities clause.

3

129.

To be sure, it is not obvious what constitutes a discrimination as opposed to

4

a regulation. The distinction, however, was articulated in a famous case, City of Chicago

5

v. Rumpff, rejecting the grant of a slaughterhouse monopoly by a municipal corporation.

6

“Where that body have made the necessary regulations required for the health or comfort

7

of the inhabitants, all persons inclined to pursue such an occupation should have the

8

opportunity of conforming to such regulations, otherwise the ordinance would be

9

unreasonable and tend to oppression.” 45 Ill. 90, 97 (1867). In other words, a regulation of

10

slaughterhouses would have been legitimate so long as anyone in the occupation had a fair

11

chance of conforming to the regulations. “We regard it neither as a regulation nor a

12

license of the business,” however, “to confine it to one building, or to give it to one

13

individual. Such action is oppressive, and creates a monopoly that never could have been

14

contemplated by the general assembly.” Id.

15

130.

Distinctions based on immutable characteristics are therefore classic

16

examples of discrimination. An African-American who is discriminated against cannot

17

“conform” to the purported “police power regulation” because she cannot change her skin

18

color. Monopolies are also discriminations because they prevent similarly situated

19

individuals from being able to “conform” to a genuine police power regulation. That is

20

what we have here: a purported “police power regulation” that benefits some citizens

21

while discriminating against other, similarly situated citizens without giving them an

22

equal opportunity to “conform” to reasonable health measures

23

131.

EO 2020-43 and related orders, at a minimum, unconstitutionally

24

discriminate against series 6 and 7 licensees. Their direct competitors—series 3, 11, 12,

25

13, 14, 18 and 19 licensees, i.e. microbreweries, hotel bars, restaurants, wineries, private

26

clubs, distilleries, and tasting rooms—all continue to operate and serve the same

27

customers. As explained above, however, the only legal distinctions between series 6 and

28

7 licensees and these other licensees are that series 6 and 7 licensees paid valuable
37

 1

consideration for the privileges of not having to have a minimum number of food sales

2

and of “off-sale.” These two distinctions have nothing whatsoever to do with public

3

health. Indeed, all establishments holding a liquor license are susceptible to the same

4

concerns involving eating and drinking, social distancing, potentially cramped spaces, and

5

loud music. The amount of food served, simply put, has nothing to do with how

6

coronavirus spreads. Even the CDC itself treats bars and restaurants the same. Ex. Z.

7

132.

The discrimination is hard to ignore. In Arizona, there are over 4,000 series

8

12 licensees—restaurants that serve alcohol—but only 2,100 series 6 and 7 licensees.

9

And, according to the Arizona Restaurant Association, there are 4,000 additional “eating

10

and drinking” locations in Arizona. Ex. AA. Among these 10,000 establishments, only

11

Petitioners—series 6 and 7 licensees—have been forced to shut down. One wonders

12

whether the Governor’s choices are directly correlated to the political power of the

13

industry. That is, to appease two constituencies—to appear to be doing something about

14

the coronavirus without totally devastating the economy—the Governor has dis-

15

criminated against Plaintiffs. He has picked winners and losers, and his politically

16

powerful friends in the restaurant industry are the winners. But political expediency is not

17

a legitimate police-power purpose. In this case, it is an unconstitutional one.

18

The Governor’s Orders Similarly Violate the Equal Protection Clause

19

and 42 U.S.C. § 1983.

20

133.

Additionally, the Governor’s orders, and ADHS’s implementing regulations,

21

violate the federal equal protection clause because they lack any rational basis. As

22

explained, there is no legal distinction between series 6 and 7 licensees and other licensees

23

that has any relation to public health.

24

134.

As a result, the Governor has violated 42 U.S.C. § 1983, which provides,

25

“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of

26

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any

27

citizen of the United States or other person within the jurisdiction thereof to the

28

deprivation of any rights, privileges, or immunities secured by the Constitution and laws,
38

 1

shall be liable to the party injured in an action at law, suit in equity, or other proper

2

proceeding for redress.”

3

135.

Discriminating against series 6 and 7 licensees, when such discrimination

4

has no relation whatsoever to public health or other legitimate police power, violates

5

clearly established law.

6

EO 2020-09 and Related Orders Work a Direct Deprivation

7

of Property without Due Process of Law

8
9
10
11

136.

Article 2, § 4 of the State Constitution provides, “No person shall be

deprived of life, liberty, or property without due process of law.” The Fifth Amendment to
the U.S. Constitution contains similar language.
137.

Due process of law is fundamentally a separation of powers provision: it

12

requires that there be established law that is violated, and that an adjudication of that

13

violation be in accordance with a certain minimum of judicial procedures. See Nathan S.

14

Chapman & Michael W. McConnell, Due Process as Separation of Powers, 121 Yale L.J.

15

1672 (2012); Ilan Wurman, The Second Founding: An Introduction to the Fourteenth

16

Amendment (Cambridge University Press forthcoming) (on file with counsel) (arguing

17

that state due process of law clauses required that there be established law, violations of

18

which were adjudicated according to a minimum of judicial procedure); Ilan Wurman,

19

The Origins of Substantive Due Process, 87 U. Chi. L. Rev. 815 (2020) (same); cf. also

20

State v. Cota, 99 Ariz. 233, 236 (1965) (statutes that are too vague violate due process of

21

law, thereby affirming the requirement of established law); Forman v. Creighton Sch.

22

Dist. No. 14, 87 Ariz. 329, 332 (1960) (due process requires, at a minimum, “notice and

23

opportunity to be heard”).

24

138.

The quintessential violation of due process is when the legislature or

25

executive “takes” property from “A” and “gives” it to “B,” contrary to existing standing

26

laws. Chapman & McConnell, supra at 1729 n. 246, 1755-59; see also Sadler v.

27

Langham, 34 Ala. 311, 329 (1859) (invalidating the “transfer of property by mere

28

legislative edict, from one person to another”); Sherman v. Buick, 32 Cal. 241, 249-50
39

 1

(1867) (holding that the due process provision of the state constitution prohibits a statute

2

authorizing taking property from one person and giving it to another); Bd. of Cnty.

3

Comm’rs v. Carter, 2 Kan. 109, 123-29 (1863) (invalidating a retroactive statute that

4

would have transferred property from one person to another); Regents of the Univ. of Md.

5

v. Williams, 9 G. & J. 365, 411-12 (Md. 1838) (invalidating a statute taking property from

6

the Regents and giving it to another).

7

139.

As Justice Joseph Story explained in 1829, “We know of no case, in which a

8

legislative act to transfer the property of A. to B. without his consent, has ever been a

9

constitutional exercise of legislative power in any state in the union. On the contrary, it

10

has been constantly resisted as inconsistent with just principles, by every judicial tribunal

11

in which it has been attempted to be enforced.” Wilkinson v. Leland, 27 U.S. (2 Pet.) 627,

12

658 (1829). Chapman and McConnell explain that a “law that takes property from A and

13

gives it to B was the paradigmatic example of an impermissible quasi-judicial act” that

14

violated due process of law. Chapman & McConnell, supra, at 1755.

15

140.

A clear example is provided by Taylor v. Porter, 4 Hill 140 (N.Y. Sup. Ct.

16

1843). A New York statute allowed highway commissioners upon certain conditions to

17

divest a landowner of land and vest it in another if there was a need for private road.

18

Because it was for private use, such a “taking” did not fall within the eminent domain

19

rules. The Court held such transfers of property were unconstitutional:

20

The words “due process of law,” in this place, cannot mean less than a

21

prosecution or suit instituted and conducted according to the prescribed

22

forms and solemnities for ascertaining guilt, or determining the title to

23

property. It will be seen that the same measure of protection against

24

legislative encroachment is extended to life, liberty and property; and if the

25

latter can be taken without a forensic trial and judgment, there is no security

26

for the others. If the legislature can take the property of A. and transfer it to

27

B., they can take A. himself, and either shut him up in prison, or put him to

28

death. But none of these things can be done by mere legislation. There must
40

 1

be “due process of law.” Id. at 147.

2

141.

Here, the Governor’s orders have just as literally taken property from A and

3

given them to B. They have “taken” Plaintiffs’ property right in their licenses, which

4

includes the privilege of off-sale, and given it for free to their direct competitors. For

5

hundreds of year it has been clearly established that such actions violate due process of

6

law.

7

142.

Importantly, Plaintiffs do not argue that the legislature could not provide for

8

an increase in the number of series 6 or 7 licenses, thereby decreasing the value of their

9

licenses. Nor do they argue that the legislature cannot prohibit liquor altogether, or create

10

a new licensing regime. Plaintiffs understand that they always hold property and liberty

11

interests subject to potential changes in the regulatory environment. Plaintiffs argue only

12

that they bought their licenses under the promises of existing law. Although the legislature

13

could change that law—supplying due process of law—the executive could not, without

14

legislative authorization, unilaterally change the licensing scheme and obliterate the

15

investment-backed expectations of Plaintiffs. That is not “due process of law.”

16
17

143.

Because the Governor’s orders also violate the due process clause of the

Fourteenth Amendment, his orders also violate 42 U.S.C. § 1983.

18

The Governor’s Orders Constitute a Regulatory Taking of Plaintiffs’ Property for

19

Which Just Compensation Is Owed Under The Fifth Amendment

20

144.

The federal Constitution provides, in the Fifth Amendment, among other

21

things, that “private property [shall not] be taken for public use, without just

22

compensation.” U.S. Const. amend. V.3

23

145.

As explained previously, Plaintiffs all have a property right in their series 6

24

or 7 licenses which, unlike other series of license (except for series 9), can be bought and

25

3

26
27
28

In the next few weeks, Plaintiffs will file a notice of claim with the Attorney General of the State
of Arizona on Plaintiffs’ regulatory takings claim under Arizona law. Plaintiffs will amend their
complaint in 60 days after such notice is provided to add this state-law claim if they have not
heard from the Attorney General or a settlement agreement is not reached. A.R.S. § 12801.01(A).

41

 1

sold. Plaintiffs each paid upwards of $100,000 for each series 6 license, for example. The

2

privileges appertaining to this property right are the privileges of selling alcohol on-

3

premise without having to meet a minimum number of food sales, and of selling alcohol

4

for off-premise consumption. These privileges are denied to other licensees by law.

5

146.

The Governor’s executive orders deprive Plaintiffs of almost the entire

6

value of their licenses and their rights under the licenses. By executive fiat, Plaintiffs were

7

deprived of both privileges appertaining to their licenses. They were ordered to shut

8

down, all while their competitors were allowed to be open, notwithstanding that they paid

9

far more for the very privilege denied to them and allowed to those competitors. Not only

10

that, but the only thing Plaintiffs could do to make any money while shut down was “take

11

out,” that is, selling alcohol to go. But this privilege—which they paid for exclusively—

12

was also given to their competitors. Whatever limited value their licenses might have had,

13

whatever minimal profit Plaintiffs might have made, the two sets of orders together

14

deprived Plaintiffs of all value and essentially all hope for revenue.

15

147.

In short, this case is no different than if each Plaintiff had bought a $100,000

16

tract of land zoned for two business purposes, and the state or municipality rezoned the

17

land to eliminate almost all use for the land. Such an action would constitute a regulatory

18

taking. So too here.

19

148.

On these facts, Defendants have “taken” Plaintiffs’ property, and just

20

compensation is owed. Whether under the Arizona or the federal Constitution, the analysis

21

is generally the same.4 Ranch 57 v. City of Yuma, 152 Ariz. 218 (Ct. App. 1986) (noting

22

the same analysis for regulatory takings under both constitutions). However, Arizona law

23

is more protective in one respect. Under Arizona law, temporary takings are compensable.

24

Corrigan v. City of Scottsdale, 149 Ariz. 538 (1986); Ranch 57 v. City of Yuma, 152 Ariz.

25
26
27
28

4

Again, Plaintiffs intend to file a notice of claim on their state takings claim and will in due
course amend their complaint to include that claim. For now, they are only making a federal
claim. However, because takings jurisprudence is generally similar, cases from both jurisdictions
will be discussed.

42

 1

218, 226 (Ct. App. 1986). Under federal law, temporary regulatory takings are sometimes

2

compensable, and sometimes not. Tahoe-Sierra Preservation Council, Inc. v. Tahoe

3

Regional Planning Agency, 535 U.S. 302 (2002).

4

149.

A takings analysis usually proceeds as follows. A court must first determine

5

whether there is a cognizable property interest. Second, there are a limited number of

6

government actions that sometimes do not constitute takings. At the third step, there are

7

two categories of “categorical” takings. Fourth, if the case does not involve a categorical

8

taking, the court must weigh the “Penn Central” factors.

9

150.

Plaintiffs’ property interest in their licenses is cognizable under a takings

10

analysis. Am. Pelagic Fishing Co., L.P. v. United States, 379 F.3d 1363, 1372 (Fed. Cir.

11

2004) (“as a threshold matter, the court must determine whether the claimant has

12

established a property interest for purposes of the Fifth Amendment”); Mutschler v. City

13

of Phoenix, 212 Ariz. 160, 165 (Ct. App. 2006) (“the first question a court must address in

14

any takings case . . . is whether the property use at issue was in fact one of the sticks in the

15

bundle of rights acquired by the owner”) (quoting secondary source). In American Pelagic

16

Fishing, the court, in the context of fishing permits, summarized the law on whether a

17

license was a property right subject to takings analysis. Where a plaintiff “could not

18

assign, sell, or transfer his swordfishing permit, because it did not confer exclusive fishing

19

privileges, and because the government at all times retained the right to revoke, suspend,

20

or modify it,” the plaintiff “did not possess a property interest in his permit.” Id. at 1374

21

(citing Conti v. United States, 291 F.3d 1334, 1341–42 (Fed. Cir. 2002)). “This ‘absence

22

of crucial indicia of a property right, coupled with the government’s irrefutable retention

23

of the right to suspend, revoke, or modify’ the swordfishing permit ‘compels the

24

conclusion that the permit bestowed a revocable license, instead of a property right.’” Id.

25

(quoting Conti, 291 F.3d at 1342).

26

151.

Here, there is no question that series 6 and 7 licenses, which are “quota”

27

licenses as described above, are assignable, sellable, and transferable on the open market.

28

They are even inheritable. See also Ex. B (expert declaration). Additionally, those licenses
43

 1

confer exclusive privileges—including the privilege of off-sale, which is inapplicable to

2

series 12 licensees. The licenses also confer exclusively on their holders the privilege of

3

selling beverages without having a minimum number of food sales. Moreover, the

4

privileges are fixed by law—the liquor department cannot freely modify the privileges,

5

and it cannot suspend licenses except for violations of existing regulations. Plaintiffs

6

undeniably have a property right in their licenses. There can be no question that the

7

privileges Plaintiffs bought were “sticks in the bundle of rights acquired by the owner.”

8

Mutschler, 212 Ariz. at 165.

9

152.

Additionally, in United Nuclear Corp. v. U.S., 912 F. 2d 1432 (1990), the

10

plaintiff, United, had obtained leases on tribal lands to explore and mine uranium, at

11

considerable expense. After investing millions of dollars in exploration, United discovered

12

at least 20 million pounds of uranium. Before mining the uranium, United had to obtain

13

approval from the Department of the Interior. United met all the existing regulatory

14

requirements. The Secretary of Interior, however, refused to approve the mining without

15

the approval of the tribal council, which demanded millions of dollars in additional

16

payment for its approval. Eventually, the leases expired, with no mining and no approval.

17

The federal circuit held that the Secretary’s actions constituted a regulatory taking. The

18

court held that United had a “property interest in the leases,” that United “lost whatever

19

profits it would have made had it been permitted to mine the leased land,” and that “the

20

Secretary’s refusal to approve the mining plan seriously interfered with United’s

21

investment-backed expectation by destroying them.”

22

153.

To be sure, “the basic rule” is “that as against reasonable state regulation, no

23

one has a legally protected right to use property in a manner that is injurious to the safety

24

of the general public.” Allied-Gen. Nuclear Servs. v. United States, 839 F.2d 1572, 1576

25

(Fed. Cir. 1988) (citing Mugler v. Kansas, 123 U.S. 623 (1887)). A state appeals court

26

recently summarized the law on regulatory takings, holding that the threshold inquiry

27

(beyond whether there is a cognizable property interest) is whether Plaintiffs “could have

28

been restrained from operating their business in a common-law action for public
44

 1
2

nuisance.” Mutschler, 212 Ariz. at 165.
154.

But the touchstone of the analysis from Mugler and cases interpreting it is

3

reasonable regulation—not unconstitutional or otherwise discriminatory regulation, as we

4

have here. And in Mutschler, the Arizona appellate court defined a public nuisance as “an

5

unreasonable interference with a right common to the general public.” 212 Ariz. at 166.

6

Under this definition, it is impossible to define series 6 and 7 licensees as operating public

7

nuisances because they did not create an “unreasonable interference with a right common

8

to the general public.” Their establishments could not create an “unreasonable

9

interference” if “bars” are otherwise open—just in hotels, restaurants, private clubs,

10

breweries, or wineries. In any event, bars are not public nuisances at common law. They

11

are nothing like noise- or pollution-generating buildings or the sex clubs at issue in

12

Mutschler.

13

155.

More still, even if the Governor’s exercise of power was reasonable, some

14

Arizona and federal courts have held that there still may be a compensable taking.

15

“[A]lthough a zoning ordinance may be a proper exercise of police power, it nevertheless

16

may result in an unconstitutional taking or property.” Ranch 57 v. City of Yuma, 152 Ariz.

17

218, 225 (Ct. App. 1986). For example, Yancey v. U.S., 915 F.2d 1534 (Fed. Cir. 1990),

18

involved the USDA’s imposition of a turkey quarantine due to the avian influenza. The

19

quarantine reduced the value of Yancey’s turkey breeder stock by 77% after the

20

quarantine. The Federal Circuit stated that “the Government’s proper exercise of

21

regulatory authority does not automatically preclude a finding that such action is a

22

compensable taking.” Id. at 1540. The Federal Circuit even concluded that a taking

23

occurred, explaining:

24

When adverse economic impact and unanticipated deprivation of an

25

investment backed interest are suffered, as when the poultry quarantine

26

forced the Yanceys to sell their turkey flock, compensation under the Fifth

27

Amendment is appropriate. Even when pursuing the public good, as the

28

USDA was doing when it imposed the poultry quarantine, the Government
45

 1

does not operate in a vacuum. Bluntly stated, the consequences of the

2

Government’s action cannot be ignored. Why should the Yanceys be forced

3

to bear their own losses when their turkeys were not diseased? The

4

Yanceys’ losses came about because of the Government’s action. If the

5

intent of the poultry quarantine was to benefit the public, the public should

6

be responsible for the Yanceys’ losses.

7
8

Id. at 1542 (emphasis added).
156.

As there, so too here. Why should Plaintiffs “bear their own losses” when

9

there is no evidence that any of their establishments have led to spread of the coronavirus?

10

Why should they bear the losses when their direct competitors remain open? The

11

government’s emergency powers are no excuse for a regulatory taking. The touchstone of

12

the analysis is who should bear the burden, and here, the entire public should bear it—

13

especially because of the discriminatory nature of the taking.

14

157.

Moving past these threshold questions, a regulatory taking under federal

15

(and state) law is determined by weighing the “Penn Central” factors: (1) the severity of

16

the economic impact on Plaintiffs, (2) the interference with investment-backed

17

expectations, and (3) the character of the government’s actions. Lingle v. Chevron U.S.A.

18

Inc., 544 U.S. 528, 538–39 (2005); Penn Central Transp. Co. v. New York City, 438 U.S.

19

104 (1978). There are, however, two categories of cases that are considered “categorical”

20

takings. “First, where government requires an owner to suffer a permanent physical

21

invasion of her property—however minor—it must provide just compensation.” Lingle,

22

544 U.S. at 538 (citing Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419

23

(1982)). Second, a “categorical rule applies to regulations that completely deprive an

24

owner of ‘all economically beneficial us[e]’ of her property.’” Id. (citing Lucas v. South

25

Carolina Coastal Council, 505 U.S. 1003, 1019 (1992)).

26

158.

Here, the Governor’s orders constitute a categorical taking. The only reasons

27

Plaintiffs each paid approximately $100,000 or more for a series 6 license, and $35,000 or

28

more for a series 7, is for the privilege of selling alcoholic beverages without minimum
46

 1

food sales and for the exclusive privileges of off-sale (other than in grocery stores). If

2

Plaintiffs did not want these privileges, they could have merely spent $1,500 on a series

3

12 license. And now, the Governor’s orders have deprived Plaintiffs of all economically

4

beneficial use of their series 6 or 7 licenses. If they had not spent $100,000, and instead

5

spent only $1,500 for a series 12, Plaintiffs would both be open and have the privilege of

6

off-sale. Instead, Plaintiffs literally spent $100,000 for nothing. The Governor’s orders

7

now mean that Plaintiffs’ licenses literally give them none of the privileges they paid for.

8

They constitute a total regulatory taking of their property right in their licenses. To put the

9

point another way, if the Governor’s orders were extended indefinitely—suppose they

10

never expired—the value of a series 6 or 7 license would fall essentially to zero. Ex. B

11

¶ 16 (expert declaration).

12

159.

Even if there is no categorical taking, the first two prongs of the Penn

13

Central analysis clearly favor Plaintiffs. The question boils down to the third prong and

14

how to weigh it along with the first two. As to that prong, whether or not the government

15

actions were unconstitutional, they unfairly targeted Plaintiffs and thus this prong favors

16

Plaintiffs, too. The Supreme Court has explained that the question is one of “the actual

17

burden imposed on property rights, or how that burden is allocated,” so that courts can tell

18

“when justice might require that the burden be spread among taxpayers through the

19

payment of compensation.” Lingle, 544 U.S. at 543. This inquiry plainly favors Plaintiffs.

20

Is it “just” that series 6 and 7 licensees should bear the burden, but not series 3, 11, 12, 13,

21

14, 18 and 19 licensees, even though the legal distinctions between the former and latter

22

have nothing to do with public health? The answer is obvious.

23

160.

The so-called “temporary” nature of the regulatory taking is immaterial

24

here. Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535

25

U.S. 302 (2002). In Tahoe-Sierra, the Supreme Court rejected any categorical rule

26

respecting temporary regulatory takings. In that case, the Court held there was no taking.

27

But that case involved a moratorium on development of undeveloped property so that the

28

city could develop a comprehensive development strategy. That case involved “real
47

 1

property,” which is “defined by the metes and bounds that describe its geographic

2

dimensions and the term of years that describes the temporal aspect of the owner’s

3

interest.” Id. at 331–32 (emphasis added). That is leagues away from what we have here:

4

plaintiffs who have been deprived of their very livelihoods for months on end, with no end

5

in sight. All the while their competitors have been allowed to flourish. Plaintiffs depend

6

on their property interest in their licenses, and their ability to operate under their licenses,

7

to survive. Tahoe Regional was also different because of the plain governmental interest

8

in obtaining feedback on development plans. Here, the governmental action is arbitrary

9

and discriminatory. It cannot save the government from liability.

10
11

161.

As a result of the above analysis, just compensation must be paid under the

Fifth Amendment to the United States Constitution.

12

First Claim for Relief

13

(Declaration that A.R.S. § 26-303(E)(1) violates the nondelegation doctrine and

14

Governor’s orders are therefore null and void)

15
16
17

162.

Plaintiffs restate and incorporate the allegations contained in paragraphs 1

through 161, above.
163.

Plaintiffs seek an expedited declaration pursuant to A.R.S. § 12-1831 and

18

Ariz. Rule Civ. Pro. 57 setting forth the rights and duties of the parties and stating that

19

Defendant’s Executive Order 2020-43, and related executive orders, are illegal and void

20

because the statute which purportedly authorizes them unconstitutionally violates the

21

nondelegation doctrine, or because the Governor’s orders exceed statutory authority.

22
23

164.

Plaintiffs seek costs and attorneys’ fees for seeking declaratory and

injunctive relief pursuant to A.R.S. § 12-341 and A.R.S. § 12-348(A)(4).

24

Second Claim for Relief

25

(Declaration that Governor’s orders violate Art. II, § 13 of the Arizona Constitution

26

(privileges or immunities claim))

27
28

165.

Plaintiffs restate and incorporate the allegations contained in paragraphs 1

through 161, above.
48

 1

166.

Plaintiffs seek an expedited declaration pursuant to A.R.S. § 12-1831 and

2

Ariz. Rule Civ. Pro. 57 setting forth the rights and duties of the parties and stating that

3

Defendant’s Executive Order 2020-43, and related executive orders, are illegal and void

4

because they, or the statute which purportedly authorizes them as applied, violate Art. II,

5

§ 13 of the Arizona Constitution which requires equality in privileges and immunities.

6
7

167.

Plaintiffs seek costs and attorneys’ fees for seeking declaratory and

injunctive relief pursuant to A.R.S. § 12-341 and A.R.S. § 12-348(A)(4).

8

Third Claim for Relief

9

(Declaration that Governor’s orders violate the equal protection clause and 42

10

U.S.C. § 1983, and damages)

11
12

168.

Plaintiffs restate and incorporate the allegations contained in paragraphs 1

through 161, above.

13

169.

Plaintiffs seek an expedited declaration pursuant to A.R.S. § 12-1831 and

14

Ariz. Rule Civ. Pro. 57 setting forth the rights and duties of the parties and stating that

15

Defendant’s Executive Order 2020-43, and related executive orders, are illegal and void

16

because they violate the federal equal protection clause.

17
18

170.

violated 42 U.S.C. § 1983 for violating Plaintiffs’ constitutional rights under color of law.

19
20
21
22
23
24

Plaintiffs seek a declaration that, as a result, the Governor’s orders have also

171.

Plaintiffs seeks damages for the Governor’s violations of their constitutional

172.

Plaintiffs seek costs and attorneys’ fees for seeking declaratory and

rights.

injunctive relief pursuant to A.R.S. § 12-341 and A.R.S. § 12-348(A)(4).
173.

Plaintiffs seek costs and attorneys’ fees under 42 U.S.C. § 1988 for seeking

relief from Defendants’ violations of their constitutional rights.

25

Fourth Claim for Relief

26

(Declaration that Governor’s orders violate Art. II, § 4 of the Arizona Constitution,

27

the due process clause of the Fourteenth Amendment, and 42 U.S.C. § 1983;

28

and damages)
49

 1
2

174.

Plaintiffs restate and incorporate the allegations contained in paragraphs 1

through 161, above.

3

175.

Plaintiffs seek an expedited declaration pursuant to A.R.S. § 12-1831 and

4

Ariz. Rule Civ. Pro. 57 setting forth the rights and duties of the parties and stating that

5

Defendant’s Executive Order 2020-43, and related executive orders, are illegal and void

6

because they violate Art. II, § 4 of the Arizona Constitution and the Fourteenth

7

Amendment to the federal Constitution, which provide that no person shall be deprived of

8

liberty without due process of law.

9
10

176.

violated 42 U.S.C. § 1983 for violating Plaintiffs’ constitutional rights under color of law.

11
12
13
14
15
16

Plaintiffs seek a declaration that, as a result, the Governor’s orders have also

177.

Plaintiffs seeks damages for the Governor’s violations of their constitutional

178.

Plaintiffs seek costs and attorneys’ fees for seeking declaratory and

rights.

injunctive relief pursuant to A.R.S. § 12-341 and A.R.S. § 12-348(A)(4).
179.

Plaintiffs seek costs and attorneys’ fees under 42 U.S.C. § 1988 for seeking

relief from Defendants’ violations of their constitutional rights.

17

Fifth Claim for Relief

18

(Injunctive Relief Pursuant to A.R.S. § 12-1801)

19
20
21

180.

Plaintiffs restate and incorporate the allegations contained in paragraphs 1

through 161, above.
181.

Plaintiffs seek injunctive relief pursuant to A.R.S. § 12-1801 enjoining

22

Defendants from ordering Plaintiffs to shut down their businesses or otherwise citing them

23

for violating executive orders that are illegal and void.

24

182.

Plaintiffs seek injunctive relief pursuant to A.R.S. § 12-1801 enjoining

25

Defendants from treating Plaintiffs differently from their series 3, 11, 12, 13, 14, 18, and

26

19 competitors.

27
28

183.

Plaintiffs seek injunctive relief pursuant to A.R.S. § 12-1801 enjoining

Defendants from continuing to grant the privilege of off-sale to their competitors, in direct
50

 1
2
3

violation of existing law.
184.

Plaintiffs seek costs and attorneys’ fees for seeking declaratory and

injunctive relief pursuant to A.R.S. § 12-341 and A.R.S. § 12-348(A)(4).

4

Sixth Claim for Relief

5

(Declaration that Governor’s orders constitute a regulatory taking of Plaintiffs’

6

property under the Fifth Amendment, for which just compensation must be paid)

7
8
9
10

185.

Plaintiffs restate and incorporate the allegations contained in paragraphs 1

through 161, above.
186.

Plaintiffs seek a declaration that the Governor’s orders constitute a

regulatory taking of Plaintiffs’ property.

11

187.

12

regulatory takings.

13
14
15
16

Plaintiffs demand a jury trial to determine just compensation for such

Prayer for Relief
188.

WHEREFORE, Plaintiffs request that the Court grant the following relief:
a. Expedite the resolution of this case pursuant to Arizona Rule
of Civil Procedure 57;

17

b. Declare that Executive Order 2020-43, and related executive

18

orders, are illegal and void because they are made pursuant to

19

unconstitutional delegations of authority, or, in the alternative,

20

that the Governor has exceeded his statutory authority under

21

A.R.S. § 303(E)(1);

22

c. Declare that Executive Order 2020-43, and related executive

23

orders, are illegal and void because they violate Art. 2, § 13 of

24

the Arizona Constitution by arbitrarily discriminating against

25

series 6 and 7 licensees;

26

d. Declare that Executive Order 2020-43, and related executive

27

orders, are illegal and void because they violate the Equal

28

Protection Clause of the Fourteenth Amendment to the United
51

 1

States Constitution, for irrationally discriminating against

2

series 6 and 7 licensees;

3

e. Declare that Executive Order 2020-09, and related executive

4

orders, are illegal and void because they work direct executive

5

deprivations of property, by taking Plaintiffs’ bought-for off-

6

sale privileges and giving those privileges, with no basis in

7

law, to their competitors, in violation of Art. 2, § 4 of the

8

Arizona Constitution;

9

f. Declare that Executive Order 2020-09, and related executive

10

orders, are illegal and void because they work direct executive

11

deprivations of property, by taking Plaintiffs’ bought-for off-

12

sale privileges and giving those privileges, with no basis in

13

law, to their competitors, in violation of the Fourteenth

14

Amendment to the U.S. Constitution;

15

g. Issue a temporary restraining order and then permanent

16

injunctive relief enjoining the Governor and ADHS from

17

enforcing Executive Order 2020-43, and similar orders and

18

guidelines, against the Plaintiffs;

19

h. Issue permanent injunctive relief enjoining the Governor from

20

continuing to implement EO 2020-09 and related orders

21

granting the privilege of off-sale to any non-series 6 or 7

22

licensee;

23
24

i. Grant damages in the form of just compensation for the
regulatory taking of Plaintiffs’ property;

25

j. In the alternative, grant damages for violations of 42 U.S.C.

26

§ 1983 to the extent Plaintiffs have been harmed by the

27

discriminatory treatment directed at them; and for the harm

28

Plaintiffs have suffered as a result of taking their off-sale
52

 1

privileges and giving those privileges to their competitors, in

2

violation of existing law;

3

k. Grant attorneys’ fees and costs associated with seeking

4

declaratory and injunctive relief under A.R.S. § 12-341 and

5

A.R.S. § 12-348(A)(4);

6

l. Grant attorneys’ fees and costs associated with seeking

7

damages under 42 U.S.C. § 1983, pursuant to 42 U.S.C.

8

§ 1988;

9

m. Grant any and all other appropriate relief.

10
11
12
13

DATED this 25th day of August, 2020.

14
15

By Ilan Wurman
Ilan Wurman
Sandra Day O’Connor College of Law
Arizona State University
111 E. Taylor Street
Mail Code 9520
Phoenix, AZ 85004-4467
ilan.wurman@asu.edu
Attorney for Plaintiffs

16
17
18
19
20
21
22
23
24
25

FILED this 25th day of August, 2020, with:
Clerk, Superior Court of Maricopa County
201 W. Jefferson St.
Phoenix, Arizona 85003
(602) 506-3204

26

COPY of the foregoing emailed this 25th day of August, 2020, to:

27

Governor Doug Ducey
1700 W Washington St.
Phoenix, AZ 85007

28

53

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

afoster@az.gov
Attorney General Mark Brnovich
2005 N. Central Ave.
Phoenix, AZ 85004-2926
Phone: (602) 542-5025
O.H.Skinner@azag.gov
Arizona Department of Health Services
Office of Administrative Counsel and Rules
150 N. 18th Ave., Ste. 200
Phoenix, AZ 85007
Phone: (602) 542-1020
acr@azdhs.gov
Arizona Department of Liquor Licenses and Control
Administration Division (In-House Counsel)
800 W. Washington, 5th Floor
Phoenix, AZ 85007
Phone: (602) 364-1952
jeffery.trillo@AzLiquor.gov
The Honorable Russell Bowers
Speaker, Arizona State House of Representatives
Arizona State Capitol Complex
1700 W Washington St.
Phoenix, AZ 85007
APappas@azleg.gov
The Honorable Karen Fann
President, Arizona State Senate
Arizona State Capitol Complex
1700 W Washington St.
Phoenix, AZ 85007
gjernigan@azleg.gov

23
24
25

Ilan Wurman

26
27
28
54

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

APPENDIX A
Javier Aguila
Aguila’s Hidaway
1235 N Dysart Rd
Avondale, AZ 85323
Liquor License #06070562
//
Aguila’s Hidaway Saloon
24202 W US Highway 85326
Buckeye, AZ 853
Liquor License #06070332
//
Aguila’s Hidaway Lighthouse
12351 W Indian School Rd
Avondale, AZ 85392
Liquor License #INP070011699
Lucille Aragon
Jakes Corner Bar and Grill
57564 N Hwy 188
Payson AZ 85541
Liquor License #06040016
Alicia Baldwin
TT Roadhouse
2915 N 68th St
Scottsdale, AZ 85251
Liquor License #06070662
Michael Bates
Bull Shooters
3337 W. Peoria Ave.
Phoenix, AZ 85029
Liquor License #06070511
Monica Beard
The Maverick Inn
1460 S. 4th Ave.
Yuma, AZ 85364
Liquor License # 06140044

27
28
55

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

Michael Beaver
The Beaver Bar
11801 N. 19th Avenue
Phoenix, Az. 85029
Liquor License #06070105
Mathew Becker
Chuckleheads
41 Brewery Ave
Bisbee, AZ 85603
Liquor License #06020029
Jacquelyn Bendig
Chad Newberry
1881 Spirits
144 S Montezuma St
Prescott, AZ 86303
Liquor License #06130074
Jessie Blackburn
Jewel's Desert Sands
1515 N. Pinal Ave.
Casa Grande, AZ 85122
Liquor License # 06110009
Matt Brassard
Matt's Saloon
112 S. Montezuma Street
Prescott, AZ 86303
Liquor License #06130053
Dave and Penny Brennan
Brennan's Pub & Grub
3510 E Bell Rd
Phoenix, AZ 85032
Liquor License # 06070374
Deborah Broten
Iron Horse Saloon
1161 Hancock Rd, Bullhead City
Arizona 86442
Liquor License # 06080051

28
56

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

James Brower
Coach House Tavern
7011 E. Indian School Rd.
Scottsdale, AZ 85251
Liquor License # 06070076
Scott Busse
Territorial
3727 S Palo Verde Rd.
Tucson, AZ 85713
Liquor License #06100228
Brian Cavender
Connolly's Sports Grill
2605 W Carefree Hwy
Phoenix, AZ 85085
Liquor License #06070436
Daryl Chester
Jester's Billiards
1515 N. Gilbert Rd., Suite 115-123
Gilbert, AZ 85234
Liquor License # 06070744
Susan Compton
Bay Horse
2802 E Grant Rd
Tucson, AZ 85716
Liquor License #06100052
Audrey Corley
Boycott Bar
4301 N 7th Ave.
Phoenix, AZ 85013
Liquor License # 06070552
Karen Crump
Clifton Hotel LLC
163 Park Avenue
Clifton, AZ 85533
Liquor License # 06060007

27
28
57

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

Timothy Damico
Jimbo's Sports Bar & Grill
12224 N. 51st Ave.
Glendale, AZ 85304
Liquor License # 06070627
Terry Davis
Longbranch Saloon
10600 W Buckeye Rd.
Tolleson, AZ 85353
Liquor License #06070373
David and Lori Delos
Tony's Cocktail Lounge
5930 W Greenway Rd.
Glendale, AZ 85306
Liquor License # 06070370
//
Marino's Cocktail Lounge
6666 W. Peoria Ave.
Glendale, AZ 85302
Liquor License # 06070369
//
5030 Cocktail Lounge
5030 W. Peoria Ave.
Glendale, AZ 85302
Liquor License # 06070022
//
The Other Room Cocktail Lounge
4404 W. Peoria Ave.
Glendale, AZ 85302
Liquor License # 06070361
//
Dunes Cocktail Lounge
3611 W. Dunlap Ave.
Phoenix, AZ 85051
Liquor License # 06070236
//
Dave's on Northern
234 W. Northern Ave.
Phoenix, AZ 85021
Liquor License # 06070506

28
58

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

Craig Denny
Pudge and Asti's Sports Grill
721 6th St
Prescott, AZ 86301
Liquor License #06130018
Tony Dohrman
Sonny’s
19011 S Arizona Ave.
Chandler, AZ 85286
Liquor License #06070318
Charles E. Duff
Tucker Woodbury
Ari Bracamonte
Cobra Arcade Bar
63 E. Congress St.
Tucson, AZ 85701
Liquor License # 06100041
//
Cobra Arcade Bar
801 N. 2nd St.
Phoenix, AZ 85004
Liquor License # 06070050
//
Ziggy's Magic Pizza Shop / Stardust Pinbar
401 W. Van Buren Unit B
Phoenix, AZ 85003
Liquor License # 06070007055
John Ehalt
PJ's Village Pub
40 W Cortez Dr # 7
Sedona, AZ 86351
Liquor License #06130009
Gary Erwin
Brookside II Sports Bar and Grille
15170 W Bell Rd # 115
Surprise, AZ 85374
Liquor License # 06070137

27
28
59

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Jack Estes
Dirty Dogg Saloon
10409 N Scottsdale Rd
Scottsdale, AZ 85253
Liquor License #06070140
Lee Fabrizio
Dawn McMillan
Dustin McMillan
Growler's Taphouse
8275 N. Silverbell Rd. Suite 137
Marana, AZ 85743
Liquor License # 06100051
Louie Fernandez
Patricia Dion
Douglas Landreth
Jester's Sports Lounge
877 Hancock Rd.
Bullhead City, Arizona 86442
Liquor License #06080013
Patricia Fuller
Pattie's First Ave. Lounge
7220 E. First Ave.
Scottsdale, AZ 85251
Liquor License #06070624
David Gilbert
Jason Bowen
On The Green Sports Grill
801 S Power Rd Suite 101
Mesa, AZ 85206
Liquor License # 06070098
Scott Goldsmith
Level 1 Arcade Bar
60 W. Vaughn Ave. #107
Gilbert, AZ 85233
Liquor License #006070009320

26
27
28
60

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Steven Gordon
Firestone Pizza Express
7 County Rd Hwy 61
Concho, AZ 85924
Liquor License #06010027
Jolie Grant
Jolie's Place
140 W Warner Rd
Chandler, AZ 85225
Liquor License #06070566
Jeremiah Gratza
Thunderbird Lounge
710 W Montecito Ave
Phoenix, AZ 85013
Liquor License # 06070541
Mistie Green
Larrys Cocktails
20027 N Cave Creek RD
Phoenix AZ 85024
Liquor License #06070356
Deborah and James Griffin
Loft Again
15002 N Cave Creek Rd
Phoenix, AZ 85032
Liquor License #06070618
Kimberly Guethle
Duchess Bar and Grille
3929 E Main St. #2
Mesa, AZ 85205
Liquor License # 006070442
//
Dog Run Saloon
320 W Superstition Blve #111/113
Apache Jct, AZ 85120
Liquor License # 006110070

26
27
28
61

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

Mark Halstengard
O'Kelley's Sports Bar & Grill
2120 W. Guadalupe Rd.
Mesa, AZ 85202
Liquor License # 06071012
David Harmon
Moose Henri’s Grille, Corks and Taps
4207 West White Mountain Boulevard
Lakeside, AZ 85929
Liquor License #07094000
Darel and Tamie Harrison
Music Box Lounge
6951 E 22nd Street
Tucson, 85710
Liquor License #06100069
John Healy
Cowpony Bar
6510 E Tanque Verde Rd
Tucson, AZ 85715
Liquor License #06100055
Brad Henrich
Shady's Fine Ale and Cocktails
2701 E Indian School Rd
Phoenix, AZ 85016
Liquor License #06070635
Kimberly Herrig
Crystal Palace Saloon
420 E. Allen St.
Tombstone, AZ 85638
Liquor License #06020082
R.J. Herrig
Wyatt Earp's Oriental Saloon & Theater
500 E. Allen Street
Tombstone, AZ
Liquor License #06020055

27
28
62

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

Jennifer Holliday
Paradise Lounge
4541 E. Cactus Rd.
Phoenix, AZ 85032
Liquor License #06070174
Marion Hooper
Trackside Bar and Grill
19194 W Gordon Way
Surprise, AZ 85361
Liquor License #06070703
Mary Hultman
Azool Grill
3134 W Carefree HWY #3
Phoenix, AZ 85086
Liquor License # 06070176
Charles Jenkins
Office Sports Bar
330 S. Gilbert Rd. #3
Mesa Az. 85204
Liquor License #06070158
Curtis Johnson
Pockets Billiards
1062 S. Wilmot Rd.
Tucson, AZ 85711
Liquor License # 06100250
Shane Jones
Shane's Place
609 S. Sixth Ave.
Safford, AZ 85546
Liquor License # 06050023
Ian Juul
Mooney's Irish Pub
671 AZ-179
Sedona, AZ 86336
Liquor License #06030002

27
28
63

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

Corey Kelly
Mickey B's Cocktail Lounge
12635 S. Frontage Rd.
Yuma, AZ 85367
Liquor License #06140047
Colleen Kendall
The Windsock, LLC
1365 Iron Springs Rd
Prescott, AZ 86305
Liquor License #06130016
Kimberly Kolacek
G Bar G Lounge
5324 E. Main
Mesa, AZ 85205
Liquor License # 06070192
Alan Kowalski
Clicks Billiards
3325 N 1st Avenue #100
Tucson Arizona 85719
Liquor License #06100028
Elda Lee
Maxine Lee
Mickeys Again
235 White Mountain Dr
St Johns, AZ 85936
Liquor License # 06010018
Ian Likwarz
Sazerac
821 N 2ND Street
Phoenix, AZ 85004
Liquor License #06073601
Barry Lucas
DJ's of Scottsdale
7320 E. Stetson Dr.
Scottsdale, AZ 85251
Liquor License # 06070714

28
64

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

Josh Makrauer
Jersey Lilly Saloon
116 S Montezuma St
Prescott, AZ 86303
Liquor License #06130076
Phillip Marcus
Runner's Sports Bar
12751 W. Bell Rd. Ste. 117
Surprise, AZ 85378
Liquor License #06070657
//
Hambone
903 E. Main St.
Mesa, AZ 85203
Liquor License#06070244
Thomas McCauley
Tom's Tavern
PO Box C
1500 E Third Street
Winslow, AZ 86047
Liquor License #06090022
John McCormick
Chopper John's
2547 E Indian School Rd
Phoenix, AZ 85016
Liquor License #06070684
Vicki McKee
McKee's Pub & Grill
2112 McCulloch Blvd.
Lake Havasu City, AZ 86403
Liquor License #06080020
Kelly Meixler
Truck Stop AZ
5549 SR 260
Lakeside, AZ 85929
Liquor License #06090041

27
28
65

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Julie Mikkelsen
Airport Tavern
1801 N. Pinal Ave.
Casa Grande, AZ 85122
Liquor License # 06110039
David Monahan
Irish Wolfhound Restaurant and Pub
16811 N Litchfield Rd #104
Surprise, AZ 85374
Liquor License #06070135
Leesa Montague
Cheers Tavern
5915 W Bell Road
Glendale, AZ 85308
Liquor License #06070431
Alex Mundy
Rockbar Inc.
4245 N Craftsman Ct.
Scottsdale, AZ 85251
Liquor License #06070449
Michael Nelson
Pomeroy's
5555 N. 7th St. Ste. 100
Phoenix, AZ 85014
Liquor License #06070444
Kimberly O'Donnell
Kimmyz on Greenway
5930 W Greenway Rd
Glendale, AZ 85306
Liquor License #06071011
//
Kimmyz Tatum Point
4601 E Bell Rd #9338
Phoenix, AZ 85032
Liquor License #06070377

26
27
28
66

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

Carrie Parker
Cactus Taproom & Bottle Shop
20429 N Lake Pleasant Rd #104
Peoria, AZ 85382
Liquor License #07070819
Diane Pedersen
Charley's Place
4324 W. Thunderbird Rd.
Glendale, AZ 85306
Liquor License # 06070503
Luther Pedigo
Tumbleweed Bar
3802 W Frontier Street
Eloy, AZ 85131
Liquor License #06110051
Elmer Pineda
Old Corral Bar
P.O. Box 1373
Cottonwood, AZ 86326
Liquor License #06130058
Daniel Pounds
Ole Brass Rail
3738 E. Thomas Rd.
Phoenix, AZ 85018
Liquor License #06070673
Grant Quezada
Jesse Isaiah Burke
City Tavern
218 N. Granite St.
Prescott, AZ 86301
Liquor License #06130029
Keith and Jill Redmann
Bird Cage Saloon
160 S. Montezuma St.
Prescott, AZ 86303
Liquor License # 06130066

28
67

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

Bruce Reid
Barefoot Bob's Billiards
8367 E Pecos Dr Suite 2
Prescott Valley, AZ 86314
Liquor License #06130055
Jeff Riggs
Jennifer Beeman
Roadrunner Restaurant and Saloon
47801 N Black Canyon Hwy
New River, AZ 85087
Liquor License #06070118
Russell Roberts
Lyzzards Lounge
120 N Cortez St.
Prescott, AZ 86301
Liquor License #06130035
Vanessa Roer
XA Bar and Grill
18 W. Main St.
Springerville, AZ 85938
Liquor License #06010026
Steven Rogers
DWNTWN The Grand
702-708 N Central Ave.
Phoenix, AZ 85004
Liquor License #06070115
Robert Rosa
The 44 Sports Grill & Nightlife
4494 W Peoria Ave.
Glendale, AZ 85302
Liquor License #06070342
Vickie Sanders
River Valley Tavern
8804 S. Highway 95
Mohave Valley, AZ 86440
Liquor License #06080038

28
68

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

Jeffrey Schacht
Enoch's Sports Lounge
6750 W. Peoria
Peoria, AZ 85345
Liquor License #06071010
Wes and Rebecca Schemmer
Vino di Sedona,
2575 West SR 89A
Sedona, AZ 86336
Liquor License #07130063
Paul Schuldt
The Route 66 Roadhouse Bar and Grill
11840 W. Rt. 66
Bellemont, AZ 86015
Liquor License # 06030026
Kyle Schwab
Casa Marana
8225 N. Courtney Page Way, Suite 191
Marana, AZ 85743
Liquor License #06100199
Peter Sciacca
QuartHaus
201 S Washington St.
Chandler, AZ 85225
Liquor License #07070573
Ray and Claudia Shadid
Copper Door Sports Bar
13818 N. 51st Ave.
Glendale, AZ 85306
Liquor License # 06070429

23
24
25
26
27
28
69

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

James Shaffer
Roxy
830 S. Magnolia Ave.
Yuma, AZ 85364
Liquor License #06140028
//
Platinum Cabaret
822 E 21St Street
Yuma, AZ 85364
Liquor License #06140008
Sheri Shaw
The Back Alley Wine Bar
156 S Montezuma St.
Prescott, AZ 86303
Liquor License #07133001
Steven Sheldon
Three Canyon Beer and Wine Garden
4999 N Sabino Canyon Rd
Tucson, AZ 85750
Liquor License #07100040
Thomas Smith
Jersey D's Tavern and Grill
5945 W Ray Rd #13
Chandler, AZ 85226
Liquor License #06070418
John Spaugh
Showcase Sports Bar
2703 S. 4th Ave.
Yuma, AZ 85364
Liquor License # 06140042
Ioannis Spentzos
Hob Nob Sports Grill
7200 W. Chandler Blvd. Suite 14
Chandler, AZ 85226
Liquor License #06070350

26
27
28
70

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Tosha Spring
Desert Martini
2120 McCulloch Blvd N
Lake Havasu City, AZ 86403
Liquor License #06085000
//
Office Cocktail Lounge
2180 W Acoma Blvd,
Lake Havasu City, AZ 86403
Liquor License #06080030
Kimberly Stam
Lucy's Bar & Grill
3020 AZ-89
Chino Valley, AZ 86323
Liquor License # 06130065
Eva Stapleton
Dirty Blonde Tavern
4929 W Chandler Blvd
Chandler, AZ 85226
Liquor License #06070018
Mitchell and Lucie Stevens
Sage and Sand Bar
13831 W Glendale Ave
Glendale, AZ 85307
Liquor License #06070539
Nancy Stevens
Pub Rock
8005 E. Roosevelt St.
Scottsdale, AZ 85257
Liquor License #06070677
Alan Swenson
O'Briens Sports Bar and Grill
7829 N. 35th Ave
Phoenix, AZ 85051
Liquor License #06070696

26
27
28
71

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Tracy Tolleson
Tall Pines Café
290 Hwy 87
Happy Jack, AZ 86024
Liquor License #06030034
Frank Vairo
Breakroom Bar & Grill
4729 E. McDowell Rd.
Phoenix, AZ 85008
Liquor License #06070264
//
Dilly Dally Cocktail Lounge
3639 E. Indian School Rd.
Phoenix, AZ 85018
Liquor License #06070207
//
The Bar
3174 E. Indian School Rd.
Phoenix, AZ 85016
Liquor License #06070548
Eugene Walden
Red Garter Saloon
3143 E Speedway Blvd
Tucson, AZ 85716
Liquor License #06100251
Heather and Justin Ward
Monkey Bar
1120 S Wilmot Rd.
Tucson, AZ 85711
Liquor License #06100196
Gary Welch
Dirtbag's
1800 E. Speedway
Tucson, AZ 85719
Liquor License # 06100122

26
27
28
72

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

Cheri Wells
Aint Nicks Tavern
6840 N. 27th Ave
Phoenix, AZ 85017
Liquor License #06070472
Larry Wendt
Buffalo Chip Saloon
6823 E Cave Creek Rd,
Cave Creek, AZ 85331
Liquor License #06070277
Paul York
Linda Niblett
Last Stop Sports Bar & Grill
3358 W. Northern Ave.
Phoenix, AZ 85051
Liquor License #06070484
Leslie Zinke
Cowtown Tavern
36796 W. Hwy 84
Stanfield, AZ 85172
Liquor License #06110074

17
18
19
20
21
22
23
24
25
26
27
28
73

 Exhibit A

7/14/2020 Arizona Department of Liquor Licenses and Control

This page is currently of?ine. However, because the site uses Cloud?are?s Always OnlineTM
Retry for a V?r3l?n technology you can continue to surf a snapshot of the site. We will keep checking in the background and, as soon as the site
comes back, you will automatically be served the live version. Always OnlineTM is powered by Cloudflare Hide this Alert

Department of Liquor Licenses and Control \1 02 90V
I

STATE OF ARJZUNA

 

 

 

Liquor License Application Kits

Below, you will find the most up to date forms utilized by the Dept. of Liquor Licenses 
Control.

After reviewing the material, return here to access the department's E-License System. At the present

time, License Type 15 Special Event and License Type 16 - Festival/Fair cannot be done using the
online tool.

Easy Reference - Licensing Options
Arizona Taxes - Tool Kit Contacts
Multiple Licenses Allowed at a Single Location.
Fee Chart - Quick Reference
Required Training For Licensees
Arizona City and Town Website Search Tool

Accepted Forms of Payment
You may pay fees using one of these payment methods:

cash

. personal check

. money order

. cashier's check

. credit cards - MasterCard, Visa, American Express Discover

mAwNi?t

Fingerprint Services
Applicants have three options to complete fingerprint card requirements:

1. Department of Liquor fingerprint services are available in the licensing offices for $35
2. through local law enforcement agencies (prices vary), or
3. through a bona fide fingerprinting service on FBI-approved fingerprint cards (prices vary).

License Application Kits

In-State Producer Application Kit Series 1

This non-transferrable liquor license allows an in-state producer to produce or manufacture beer,
wine and distilled spirits (all spirituous liquor) and sell/deliver the product to a licensed wholesaler.
A person who holds an In-State Producer license may also sell to on-site patrons liquor produced



1/7

7/14/2020 Arizona Department of Liquor Licenses and Control

or manufactured on the licensed premises. A.R.S. ?4-243. Also see Internet Sales Residential
Shipping.

 

Out?Of?State Producer Application Kit - Series 2

This non-transferable liquor license allows an out-of?state producer, exporter, importer or rectifier
to ship beer, wine and distilled spirits to Arizona liquor-licensed wholesalers. An out-of?state
producer or supplier may not sell its products to an Arizona wholesaler at a cost higher than the
lowest price at which the item was sold by the producer or supplier to any other wholesaler. An
out-of?state producer, exporter, importer or rectifier must comply with the provisions of Title 4 as
if an in-state producer.

Except for as permitted in A.R.S. through (G), Internet Sales Residential
Shipping are limited in this state.

 

Out-of-state Craft Distiller Application Kit - Series 2D

An Out?of?state Craft Distillery is located outside of Arizona and produces not more than 20,000
gallons of distilled spirits annually.

An Out-of?state Craft Distillery that produces not more than 1,189 gallons of distilled spirits in a
calendar year may self-distribute which means they may sell and deliver spirits produced on the
premises to businesses licensed to sell distilled spirits in and out-of?state. Sales of distilled spirits
produced by other craft distillers may not exceed 20 percent of sales by volume.

Limited Out-of?state Winery Application Kit Series 2L

This non-transferrable liquor license allows an out-of?state winery to sell/deliver not more than
240 gallons of wine produced on the premises to Arizona liquor-licensed wholesalers. The licensee
must report annual gallonage delivered to a licensed wholesaler in the state. This license has no
direct to consumer privileges. A.R.S. ?4-205.04 and A.R.S. 

Out?of?state Farm Winery Application Kit (Series 2W)

The Out-of?State Farm Winery license has specific privileges based on these production limits:

Must produce at least 200 and not more than 40,000 gallons of wine per calendar year, or
If producing, not more than 20,000 gallons of wine per calendar year, may operate in all three tiers.
Except for as permitted in A.R.S. through (G), Internet Sales Residential

Shipping are limited in this state. The licensee must report annual production gallonage to the
Arizona Department of Liquor annually.

 

Out-of?state Microbrewery Application Kit (Series 2M)

This non-transferable liquor license allows an out-of?state microbrewery which produces more
than 5,000 gallons and less than 6,240,000, of beer during a calendar year (A.R.S. to
sell and ship the beer into the state to Arizona-licensed wholesalers. An out-of?state Microbrewery
must comply with the provisions of Title 4 as does an in-state licensee.

 

Internet Sales Residential Shipping.

The licensee must sumbit an annual production report to the Arizona Department of Liquor.

2/7

7/14/2020

Arizona Department of Liquor Licenses and Control

In-state Microbrewery Application Kit - Series 3

 

This non-transferable liquor license allows for on off-sale retail privileges for a licensed in-state
microbrewery which produces more than 5,000 gallons, and less than 6,240,000, of beer during
the 12-month reporting period (A.R.S. Sales or beer produced by other
microbreweries may not exceed 20% of the licensee's annual sales by volume on the licensed
premieses.

 

With this license, when production is no more than 1,240,000 gallons per calendar year, the in?
state microbrewery may make sales and deliveries of beer to any retail license licensed to sell
beer except for its retail licenses on or adjacent to the microbrewery.

Internet Sales Residential Shipping.

 

The licensee must sumbit an annual production report to the Arizona Department of Liquor.

 

Wholesaler Application Kit - Series 4

 

This non-transferable liquor license allows a wholesaler to warehouse, sell and distribute all types
of spirituous liquor (beer, wine, distilled spirits) to Arizona-licensed retailers.

Government Application Kit Series 5

 

This non-transferable, on-sale retail privileges license allows the holder of a government license to
sell and serve all types of spirituous liquor solely for consumption on the premises for which the
license is issued. The license is issued in the name of a county, city, town, state university or the
Arizona Coliseum and exposition centerboard whose governing body has authorized its use. A
separate license is required for each premise upon which spirituous liquor is served. The
application must designate, for each location, a manager or other individual responsible for
administering the license.

Bar Application Kit - Series 6

 

The bar (series 6) liquor license is a "quota" license available only through the Liquor License

person to person and/or location to location within the same county and allows the holder both
on- off-sale retail privileges. This license allows a bar retailer to sell and serve all types of
spirituous liquors, primarily by individual portions, to be consumed on the premises and in the
original container for consumption on or off the premises. A retailer with off?sale ("To Go")
privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale.
A.R.S. 4-206.01.F. states that after January 1, 2011, the off?sale privileges associated with a bar
license shall be limited to no more than 30% of the total annual sales receipts of liquor by the
licensee at that location. Payment must be made no later than the time of delivery. Off-sale ("To
Go") package sales of spirituous liquor can be made on the bar premises as long as the area of
off?sale operation does not utilize a separate entrance and exit from the ones provided for the bar.
A hotel or motel with a Series 06 license may sell spirituous liquor in sealed containers in
individual portions to its registered guests at any time by means of a minibar located in the guest
rooms of registered guests. The registered guest must be at least twenty-one (21) years of age.
Access to the minibar is by a key or magnetic card device and not furnished to a guest between
the hours of 2:00 am. and 6:00 am. Internet Sales Residential Shipping.

 

Beer and Wine Bar Application Kit Series 7

 

The beer and wine bar (series 7) liquor license is a "quota" license available only through the
Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is

 

3/7

7/14/2020 Arizona Department of Liquor Licenses and Control

transferable from person to person and/or location to location within the same county and allows
the holder both on- off-sale retail privileges. This license allows a beer and wine bar retailer to
sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be
consumed on the premises and in the original container for consumption on or off the premises. A
retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises
in connection with a retail sale. A.R.S. 4-206.01.F. states that after January 1, 2011, the off-sale
privileges associated with a bar license shall be limited to no more than 30% of the total annual
sales receipts of liquor by the licensee at that location. Off-sale ("To Go") package sales can be
made on the bar premises as long as the area of off-sale operation does not utilize a separate
entrance and exit from the one provided for the bar. Payment must be made no later than the
time of delivery. Internet Sales Residential Shipping.

Conveyance Application Kit - Series 8

This retail privileges liquor license allows the owner or lessee of an
operating airline, railroad or boat to sell all spirituous liquors in individual portions or in original
containers for consumption only on the plane, train or boat.

Boats:

1. Applicant must designate a dock as the homeport for the boat.

. Notice of the application must be prominently placed on the clock that is the homeport.

. The boat must have a displacement of not less than fifty (50) tons and a passenger capacity of
eighty (80) persons or more.

. The boat must have a current Coast Guard certification.

. No spirituous liquor sales may be made on a boat in clock earlier than fifteen (15) minutes prior to
departure and shall not be served after a boat returns to the dock.

LION

U1-l>

Liquor Store Application Kit - Series 9

The liquor store (series 9) license is a "quota" license available only through the 
Lottery or for purchase on the open market. Once issued, this liquor license is transferable from
person to person and/or location to location within the same county and allows a spirituous liquor
store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be
taken away from the premises of the retailer and consumed off the premises. A retailer with off-
sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail
sale. Payment must be made no later than the time of delivery. Series 9 (liquor store) licensees
and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges
form. Internet Sales Residential Shipping.

 

Beer and Wine Store Application Kit - Series 10

This non-transferable, off-sale retail privileges liquor license allows a retail store to sell beer and
wine (no other spirituous liquors), only in the original unbroken package, to be taken away from
the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may
deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must
be made no later than the time of delivery. Series 10 (beer and wine store) licensees and
applicants may apply for unlimited sampling privileges by completing the Sampling Privileges
form. Internet Sales Residential Shipping.

 

Hotel/Motel Application Kit - Series 11

 

This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel
license to sell and serve all types of spirituous liquor solely for consumption on the premises of a
hotel or motel that has a restaurant where food is served on the premises. The restaurant on the
licensed premises must derive at least forty percent of its gross revenue from the sale of
food. The holder of this license may sell spirituous liquor in sealed containers in individual portions

4/7

7/14/2020 Arizona Department of Liquor Licenses and Control

to its registered guests at any time by means of a minibar located in the guest rooms of registered
guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar
is provided by a key or magnetic card device and may not be furnished to a guest between the
hours of 2:00 am. and 6:00 am.

Restaurant Application Kit - Series 12

 

This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant
license to sell and serve all types of spirituous liquor solely for consumption on the premises of an
establishment which derives at least forty percent of its gross revenue from the sale of
food. Failure to meet the 40% food requirement may result in revocation of the license.

In-state Farm Winery Application Kit - Series 13

 

An In-state Farm Winery is a winery located in Arizona that produces at least 200 gallons but not
more than 40,000 gallons of wine annually.

This non-transferable, In?state Farm Winery liquor license has on- and off-sale retail privileges and
allows the holder to sell and deliver wine produced on the premises to businesses licensed to sell
wine in and out-of?state, and to serve wine produced on the premises for on and off-sale
consumption and for the purpose of sampling. A in-state farm winery that produces not more than
20,000 gallons of wine in a calendar year may make sales of wine produced on premises to
consumers who order by telephone, mail, fax, catalogue or internet per A.R.S. 
The licensee may apply for two (2) remote tasting rooms (series 19) which are located in
the state of Arizona. A.R.S. 

Private Club Application Kit - Series 14

 

This non-transferable, on-sale retail privileges liquor license allows the holder of a club license to
sell and serve all types of spirituous liquor for consumption only on the premises owned, leased or
occupied by the club, and only to bona fide members of the club and their bona fide guests. A
"club" is defined in the statutes as including veterans and fraternal organizations and their building
associations, golf, social and airline clubs.

Special Event Permit Application Kit Series 15

 

Special Event applications must be received by the Department of Liquor 10 days prior
to the event.

This temporary, non-transferable, liquor license with retail privileges that allows a political party or
campaign ballot measure, government entity, or non?profit entity to sell and serve spirituous
liquor for consumption on the premises where the spirituous liquor is sold, and only for the period
authorized on the license. Off?sale privileges apply only to special events holding auctions/wine or
distilled spirit pull.

The applicant for a special event license must fill out a special event application and file the
application with the local governing body where the special event is to take place, for approval or
disapproval. If held at a licensed premises, no local governing body approval is required.

If the application is approved by the local governing body, and the event meets the requirements
for granting the license, the director may issue a special event license to the qualifying
organization. Qualifying organizations will be granted a special event license for no more than ten
(10) days in a calendar year. Events must be held on consecutive days and at the same location or
additional licenses will be required. The license is automatically terminated upon closing of the last

5/7

7/14/2020

Arizona Department of Liquor Licenses and Control

day of the event or the expiration of the license, whichever occurs first. The qualified organization
must receive at least twenty-five percent of the gross revenues of the special events.

Festival/Fair Application Kit - Series 16

 

Fair/Festival applications must be received by the Department of Liquor 10 days prior to
the event.

A Fair/Festival license allows a licensed farm winery or craft distillery to serve products they
produce at a festival, sanctioned county or state fair or within the premises of a licensed special
event. Liquor produced under the provisions of the farm winery or craft distillery license may be
served for consumption on the fair/festival premises or "to-go" in the original, sealed container.
This application requires state approval, and may require the approval of the local government
where the fair/festival will take place. A.R.S. ?4-203.03, 4-203.02 and 4-205.11.

Direct-to-Consumer Wine Shipment Application Kit - Series 17W

 

In-

The Arizona Direct-to-Consumer Wine Shipment License allows United States?licensed wineries to
ship limited amounts of wine produced at their winery to Arizona residents. The application will
serve both in- and out-of?state applicants. An Arizona Transaction Privilage Tax (TPT) license is
required.

To report your annual shipment into the state of Arizona, please use the template below. You will
be required to submit this report online using the Direct Shipment Portal. The link to the portal as
well as instructions will be included here after January 1, 2019.

Shipment Report Template

 

Privileges for this license can be found using this link to the Arizona Liquor Lawbook. The Direct-
to-Consumer Wine Shipment law is A.R.S. ?4-203.04 found on page 20.

 

state Craft Distiller Application Kit - Series 18

 

An In-state Craft Distillery is located in Arizona and produces not more than 20,000 gallons of
distilled spirits annually.

This license has on- and off-sale retail privileges. The licensee may serve spirits produced on the
premises for consumption on the premises, sampling, and in the original, sealed container for
sales "to?go". The licensee may sell and deliver to consumers who order by telephone, mail, fax,
catalogue or internet per A.R.S. Internet Sales Residential Shipping are limited in
this state.

 

An In-state Craft Distillery that produces not more than 1,189 gallons of distilled spirits in a
calendar year may self-distribute which means they may sell and deliver spirits produced on the
premises to businesses licensed to sell distilled spirits in and out-of?state. Sales of distilled spirits
produced by other craft distillers may not exceed 20 percent of sales by volume.

This license is non-transferable (person-to-person or location-to-location).

The licensee may apply for two (2) Remote Tasting Room (series 19) which is to be located in the
State of Arizona.

The licensee must report annual production gallonage to the Arizona Department of Liquor
annually. A.R.S. 

Remote Tasting Room Application Kit - Series 19

 

6/7

7/14/2020 Arizona Department of Liquor Licenses and Control

Remote Tasting Rooms are located in Arizona and are owned and operated by a licensee that
concurrently owns one of these four Arizona liquor licenses:

1. Out-of?state Farm Winery - Series 2W

2. Out-of?state Craft Distillery - Series 2D

3. In-state Farm Winery Application Kit - Series 13
4. In-state Craft Distiller Application Kit - Series 18

When tied to a Remote Tasting Room license the above license becomes the Master License and
must be in "active" and good standing for the Remote Tasting Room to operate. The Remote
Tasting Room is a retail location.

The Remote Tasting Room (series 19) license application is ?rst submitted to the city, town, or
municipality where the tasting room will be located. Upon approval from the city, town, or
municipality, the application will then go to the state. This is the only Arizona liquor application
which first is approved by the local government.

Remote tasting room for farm wineries: A.R.S. Remote tasting room for craft
distilleries: A.R.S. 

Alternating Proprietorship - Series 20

This license allows for two (2) or more Farm Winery licenses to operate in one licensed premises.
Each Farm Winery will need approval to operate as Alternating Proprietorships from the United
States Tax and Trade Bureau This allows Farm Wineries to utilize the same space for
production of wine. Each Farm Winery must have a separate storage space within the licensed

premises. Each Farm Winery is responsible for filing individual annual production reports. A.R.S.


Custom Crush - Series 21

The Custom Crush license is an agreement between a "host" Farm Winery and a "tenant" Farm
Winery to produce wine on behalf of the tenant.

A licensee wishing to participate in a Custom Crush arrangement must hold a permit from the
United States Tax and Trade Bureau prior to entering a Custom Crush agreement. The host

winery will apply for the Custom Crush license and list all tenant wineries on the Custom Crush
license.

The tenant winery supplying the grapes shall report all volumes from the Custom Crush
arrangement on its annual production report.

7/7

Exhibit 

1
2
3
4
5
6
7

Ilan Wurman (#034974)
Sandra Day O’Connor College of Law
Arizona State University
111 E. Taylor Street
Mail Code 9520
Phoenix, AZ 85004-4467
Telephone: 480-965-2245
ilan.wurman@asu.edu
Attorney for Plaintiffs

8

SUPERIOR COURT OF ARIZONA

9

MARICOPA COUNTY

10

JAVIER AGUILA, et al.,

11
12
13
14
15
16
17
18

Plaintiffs,
vs.
DOUG DUCEY, in his individual
capacity, and in his official capacity as
the Governor of the State of Arizona;
THE ARIZONA DEPARTMENT OF
HEALTH SERVICES; and THE
ARIZONA DEPARTMENT OF
LIQUOR LICENSES AND
CONTROL,

Expert Declaration of Jeffrey “Craig”
Miller

Defendants,

19
20

and

21
22

CASE NO: ______

THE STATE OF ARIZONA,
Real Party-in-Interest.

23
24
25
26
27
28

1.

I, Jeffrey Craig Miller, declare as follows:

2.

From 1997 to 2016 I worked for the Arizona Department of Liquor as a police

officer. During my employment at DLLC I taught Title 4 for law enforcement throughout

 1

the State of Arizona. I worked all areas of the state and worked closely with licensees to

2

ensure compliance with liquor laws. During my employment I taught nationally Trade

3

Practice, Special Event Enforcement and How to Detect Fictitious Identifications. I

4

represented the Department at many industry meetings, and conferences. I was one of the

5

DLLC representatives during the Arizona Administrative Code Rule Writing. Since retiring

6

I have been a partner at Arizona Liquor Industry Consultants. We are a full service liquor

7

consulting company that serves as the Agent for hundreds of liquor licenses. We broker

8

licenses, consult for best industry practices and work closely with licensees to comply with

9

all laws governing their businesses. We are an authorized Title 4 Basic and Management

10

training provider.

11

3.

Arizona liquor law establishes different series of licenses which authorize

12

different rights, whether selling liquor for on-site consumption, off-site consumption, or

13

both.

14

4.

Arizona’s current law prohibits “off-sale,” that is, the sale of packaged

15

alcoholic beverages, to series 12 licensees, with only one very limited exception not

16

applicable here. Arizona’s laws prohibit the sale of broken packages, “products not sealed

17

by the manufacturer.” Series 12 licenses are called “restaurant licenses” and are generally

18

associated with “restaurants” because the licensees must maintain a minimum 40 percent of

19

food sales. There is no limit on the number of series 12 licenses that can be issued by the

20

DLLC. The initial fee for a series 12 is $1,500.

21

5.

A series 6 license under Arizona law is a “quota” license. The number of

22

series 6 licenses is fixed by law, and that number is adjusted proportionally with population

23

growth in each county. Because series 6 licenses are quota license, they can be bought, sold,

24

transferred, and inherited. The going rate for a series 6 license in Maricopa County before

25

the pandemic was about $135,000. Series 6 licenses historically appreciate in value and

26

become an asset for the business owner.

27
28

6.

The legal privileges associated with a series 6 do not require the licensee to

maintain a minimum number of food sales, and series 6 licensees also have off-sale
2

 1

privileges for the full range of liquor products. Many “Restaurant” owners utilize series 6

2

licenses for the ability to sell all types of alcoholic beverages with to-go food orders.

3

7.

A series 7 license is also a quota license. The difference between a series 6

4

and series 7 license is that the latter is limited to beer and wine sales. The going rate for a

5

series 7 license before the pandemic was approximately $45,000.

6

8.

A series 9 license called a “liquor store” license is used at grocery and liquor

7

stores and includes full off-sales privileges for the full range of liquor products. The value

8

of a series 9 license in Maricopa County is approximately $250,000. With a very small

9

exception, no other retail liquor license other than series 6, 7 and 9 licenses permits off-sale.

10

9.

The privilege of off-sale for series 6, 7 and 9 comes with other restrictions.

11

For example, under Arizona law, series 6 and 9 licensees generally cannot be located within

12

300 feet of a church or school. Such requirements do not apply to series 12 licensees.

13
14
15

10.

There are approximately 2,100 series 6 and 7 licensees in the state of Arizona.

There are more than 4,000 series 12 licensees.
11.

Starting with EO 2020-09, the Governor has granted to series 12 licensees the

16

privilege of full off-sale privileges, with no basis in existing law. That is one of the

17

privileges included in series 6 and 9 licenses. This order also allowed the sale of “broken

18

packages” / open containers.

19

12.

The liquor service setting that is traditionally operated as a “bar / on-sale” can

20

be found in series 6, 7, 11, 12, 13, 14, 18, 19, with a high table service area and a back bar

21

for setting out liquor products.

22

13.

Since June, the Governor has ordered series 6 and 7 licensees closed, while

23

allowing series 12 licensees to continue operating. The Governor’s orders also permit series

24

3, 11, 13, 14, 18, and 19 licensees to remain open, despite the fact that all of these classes

25

of licenses are permitted to have “bars.” Series 6 and 7 licensees were allowed selling

26

alcoholic beverages “to-go” as their only option, while the Governor’s orders allowed series

27

12 licensees to continue operating for on-premises consumption and to continue the newly

28

authorized privilege of selling “to-go.”
3

 1

14.

In my opinion, which is informed by my extensive years in the industry, the

2

distinctions between series 6 and 7 licensees on one hand and these other licensees on the

3

other hand have no relation to public health. Many series 6 licensees do in fact sell food—

4

they merely paid for the privilege of not having to prove a minimum number of food sales.

5

And, as mentioned earlier, many restaurants own series 6 licenses so they can sell alcohol

6

along with to-go food orders. Additionally, there is no connection between the series of

7

license and the availability or occurrence of wide open spaces, table seating, social

8

distancing measures, loud music, karaoke, or dancing. The series of license has nothing to

9

do with the ability to implement health or safety measures. In my opinion, the Governor’s

10

distinction between series 6 and 7 licensees and other licensees is completely arbitrary.

11

Series 6 and series 7 licensees and employees are required the same food handler training

12

to ensure safety for all customers. More locations open allow for easier social distancing.

13

15.

The series license used at a business does not indicate the type of business

14

that the licensee conducts. The primary purpose of a licensed establishment indicates what

15

the business is. Title 4 references on-sale licensees, off-sale licensees, or licensee and

16

regulates them based on business activity not license type.

17

16.

In my opinion, if the current orders were to extend indefinitely, the value of

18

a series 6 or 7 license would fall essentially to zero. A series 6 or 7 licensee would be unable

19

to make almost any revenue. Simply put, the owners of the approximately 2,000 series 6

20

licenses and series 9 licenses paid from $100,000 to $250,000 or more, and the owners of

21

series 7 license paid as much as $45,000, which, unlike any other license, can be bought

22

and sold. These licenses are frequently by far the most valuable asset of any liquor license

23

business—either on-sale or off-sale.

24

17.

Also, in my opinion, the granting of off-sale privileges to restaurants to allow

25

the sale of package goods by restaurants to include the broad right of selling all liquors off-

26

site destroys the value and investment of the over 2,000 owners of series 6, 7, and 9 licenses.

27

In the future, who would pay $100,000 for a series 6 license, where they could instead

28

purchase a restaurant license for $1,500 and obtain almost the same rights?
4

 1

18.

In my opinion, the combined effect of the Governor’s order, closing those

2

liquor establishments, series 6 and 7 licensees, while allowing other “on-sale”

3

establishments to remain open, together with granting to series 12 licensees the right to sell

4

package goods, which is otherwise contrary to law, has eliminated the ability of series 6 and

5

7 licensees to make any income, and has seriously, if not totally, damaged the value of their

6

liquor license and their business.

7

I declare under penalty of perjury that the foregoing is true and correct.

8
9

DATED this 24th day of August, 2020.

10
11
12
13

Jeffrey “Craig” Miller

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5

 Exhibit 

GOVERNOR DOUGLAS A. DUCEY

STATE 
EXECUTIVE OQD 

 

 

 

 

 

 

 

 

 

 

 

Executive Order 2020-09

LIMITING THE OPERATIONS OF CERTAIN BUSINESSES TO SLOW THE SPREAD OF
COVID-19

WHEREAS, both the state of Arizona and the federal government have declared a public health
emergency to address the 2019 novel Coronavirus AND

WHEREAS, the President of the United States has declared a national emergency due to both the health
and economic implications of the virus; AND

WHEREAS, the disease caused by is contagious and can be fatal, resulting in the World
Health Organization declaring it a global pandemic; AND

WHEREAS, the State of Arizona has experienced community spread of COVID-19 in multiple counties
as it continues to spread across the country and the state, posing an increasing threat to public health and
having a devastating impact on the economy; AND

WHEREAS, on March 16, 2020, the United States Centers for Disease Control and Prevention issued
updated guidance recommending that individuals avoid social gatherings of more than 10 people and use
drive?thru, pickup, or delivery options at restaurants and bars to slow the spread of the disease; AND

WHEREAS, the time has come for further measures to protect public health and safety, protect our most
vulnerable citizens, and mitigate the strain on our health care providers by slowing the spread of
COVID- 19; AND

WHEREAS, in taking such critical measures to protect public health there will be direct economic
consequences for businesses across the state of Arizona that provide employment for many Arizonans,
including bars and restaurants; AND 

WHEREAS, Arizona is committed to both mitigating the economic harm of and ensuring the
safety of those in our state.

NOW, THEREFORE, 1, Douglas A. Ducey, Governor of the State of Arizona, by virtue of the authority
vested in me by the Constitution and laws of this state, hereby order as follows:

1.

Beginning at close of business on Friday, March 20, 2020, all of the following establishments
located in counties of the State with con?rmed cases of shall close access to the
public until further notice:

a. Bars
b. Movie theaters
c. Indoor and ?tness clubs

Beginning at close of business on Friday, March 20, 2020, all restaurants in counties of the State
with con?rmed cases of shall close access to on?site dining until further notice.
Restaurants may continue serving the public through pick up, delivery, and drive-thru operations.

Beginning at 5:00 pm. on Friday, March 20, 2020, in counties of the State with con?rmed cases
of the Arizona Department of Liquor Licenses and Control and any Arizona Peace
Of?cer Standards and Training Board certi?ed law enforcement of?cer shall not enforce
provisions of the series 12 liquor license that prohibit the sale by restaurants of beer, wine and
spirituous liquor off?premises subject to the following provisions:

a. Any sale of beer, wine and Spirituous liquor shall be in sealed containers.

b. Title 4 licensees shall ensure that sales of beer, wine and spirituous liquor for
consumption off premises is only for consumption for individuals over the age of 21 as
for other sale of alcoholic beverages both on and off-premises and that all other title 4
laws are followed.

0. In the event that the Arizona Department of Liquor Licenses and Control determines that
a title 4 licensee has otherwise violated title 4 by selling to a minor or not providing
alcohol in a sealed container, the Department may take enforcement action against the
title 4 licensee.

The Arizona Department of Liquor Licenses and Control shall post guidance to title 4 licensees
on its website to assist in compliance with this order.

The Department of Liquor Licenses and Control shall not enforce any restriction on
manufacturers, wholesalers or retailers to buy back unopened products from restaurants, bars and

clubs.

Cafeterias at nursing homes, hospitals, and similar facilities as well as soup kitchens that provide
meals to the needy are not subject to these restrictions and may continue normal operations while
taking precautions to ensure social distancing and appropriate hygiene according to Centers for
Disease Control and Prevention standards.

 

7. This order shall remain in place until further notice, and shall be reconsidered for repeal or
revision every two weeks following issuance.

IN WITNESS WI-IEREOF, Ih-ave hereunto set. my
hand and caused to be af?xed the Great Seal of the State
of Arizona.

i) pf, 
GOVERNOR
DONE at the Capitol in Phoenix on this. nineteenth day
of March in the Year TWO Thousand and Twenty and of

the Independence of the United States of America the
Two Hundred and Forty-Fourth.

ATTEST:

 

Secretary of State

Exhibit 

STATE OF ARIZONA
DEPARTMENT OF LIQUOR LICENSES AND CONTROL
Douglas A. Ducey

John Cocca

GOVERNOR

DIRECTOR

March 20, 2020

On March 19, 2020, Governor Ducey issued Executive Order 2020-09, which contained provisions dealing with
the sale and service of spirituous liquor, and directed the Department to publish guidance to the public on its
website. This is that guidance.
This guidance is subject to change depending on questions and comments that the Department may receive and
shall apply for only so long as the Governor’s Executive Order 2020-09 remains in place. Interested persons
should check the Department’s website regularly for updated guidance.
This guidance does not create any rights or privileges for licensees or the public. It does not constitute legal
advice. Interested persons should consult with their own legal counsel for questions related to the Order, this
guidance, or compliance with Title IV liquor laws generally.
Non-Restaurant Retailers May Deliver Spirituous Liquor
The Governor's Executive Order 2020-09 closes bars. This restriction applies to all retail licensees that do not
hold an active restaurant (series 12) license. This is not a cease of operations. This restriction does not
prevent retail licensees with off-sale privileges from selling spirituous liquors in unbroken packages for delivery
under A.R.S. § 4-203(J) or direct shipment under A.R.S. § 4-203.04.


The Department will consider the sale of spirituous liquor by non-restaurant retailers with off-sale
privileges under A.R.S. § 4-209(B) using pick-up, delivery, or drive-thru options as a delivery of alcohol
under A.R.S. § 4-203(J) and not in violation of the Executive Order.

Temporarily Modified Licensed Premises and Restaurant Deliveries that include Alcohol.
The Governor has ordered the closure of restaurants except for pick-up, delivery, or drive thru options. This is
not a cease of operations. The Governor has also ordered, however, that the Department shall not enforce
regulations such as A.R.S. § 4-209(B)(12) that prohibit restaurants from serving spirituous liquors off the licensed
premises.

800 WEST WASHINGTON, 5th FLOOR

PHOENIX, ARIZONA 85007-2934

PHONE (602) 542-5141

WWW.AZLIQUOR.GOV

Individuals requiring special accommodations please call (602)542-9027

FAX (602) 542-5707

 

Restaurant licensees may therefore temporarily use delivery services including themselves under A.R.S.
§ 4-203(J) and are responsible for complying with related Title IV regulations except as provided in this
guidance.



All retail licensees that because of the configuration of their licensed premises cannot sell or deliver
spirituous liquor for off-sale consumption without first removing it from the licensed premises will not
be disciplined under A.R.S. § 4-207.01 for operating outside of the licensed premises, unless the
Department determined that the licensee otherwise violated Title IV. Licensees should use their best
judgment to deliver spirituous liquor in a manner that is controlled, direct, and short in distance. Curbside service will be considered pick-up.



Restaurant licensees that use pick-up and curb-side services that include alcohol must comply with
A.R.S. § 4-244(10), which prohibits licensees from employing individuals under the age of eighteen to
sell or dispose of spirituous liquors.

Gross Food-Sales Percentage and Volume Limitations


The Executive Order does not permit a restaurant licensee from failing to continue to maintain 40%
gross food-sales percentages as required in A.R.S. § 4-205.02 and A.R.S. § 4-213, but rather is intended
to mitigate the loss of a restaurant's on-premises sales.



Licensees holding growler permits under A.R.S. § 4-205.02 and § 4-244(32) must still comply with all
applicable regulations including limiting the volume of spirituous liquor to no more than one gallon and
total sales to no more than 10% of the licensee's total spirituous liquor sales.



The Executive Order does not permit retailers of any type from exceeding applicable volume limitations
regarding the percentage of alcohol sold off the licensed premises. Off-sale retailers (not including
restaurants under the Executive Order) that use A.R.S. § 4-203(J) delivery services must continue to
maintain records of these sales for this purpose.

Sealed Containers
The Governor's Executive Order 2020-09 permitted restaurants to make sales for consumption off the premises
in only "sealed containers." The Department has confirmed that the Order permits the sale of mixed drinks that
meet this requirement.


Licensees should be mindful of Arizona's Open Container laws. Under A.R.S. § 4-251(A)(2), it is unlawful
for any person to: "[p]ossess an open container of spirituous liquor within the passenger compartment
of a motor vehicle that is located on any public highway or right-of-way of a public highway in this
state."

Questions may arise regarding how a licensee can seal a mixed drink to comply with the Order. Under existing
law in A.R.S. § 4-101(7), "a 'broken package' means any container of spirituous liquor on which the United States
tax seal has been broken or removed, or from which the cap, cork or seal placed thereupon by the manufacturer
has been removed." Also, in A.R.S. § 4-244(32)(a), if purchased with a meal, a consumer may remove an opened
bottle of wine "if a cork is inserted flush with the top of the bottle or the bottle is otherwise securely closed."
Lastly, existing Department and TTB guidance permitted the use of a "plastic adhesive" to seal growler bottles.

2

 

Licensees selling any mixed drinks must seal the container before removing it from
their designated licensed premises and ensure that the seal remains in place until the time the
consumer takes possession.



Licensees may apply any number methods to seal containers to include the use of capping and applying
a plastic adhesive seal or corking flush with the top of a bottle as is already permitted in some
circumstances. Merely placing a plastic cap on top of a Styrofoam or paper cup as one might expect
with a non-alcoholic fountain drink is not sealing the container.

Age-Verification and Documentation


All licensees providing services such as curb-side pick-up and take-out should continue to comply with
A.R.S. § 4-241's age-verification requirements. A licensee that has reason to question that a person
ordering spirituous liquor is under the legal drinking age must still examine identification, but may do so
in a manner consistent with social distancing such as by requiring the consumer to display the front and
back of a license but not taking possession of it.



All licensees using delivery services including themselves under A.R.S. § 4-203(J) should comply with
Arizona Administrative Code R19-1-504 (https://azliquor.gov/forms/inv_recdelivery_access.pdf). To
promote social distancing, however, licensees may, however, temporarily dispense with the
requirement in subsection 504(B)(4) to obtain the consumer's signature.



All licensees remain responsible for any sale to a person under the legal drinking age or that otherwise
violates Title IV.

Accepting Returns of Spirituous Liquor
The Governor's Executive Order 2020-09 required that the Department shall not enforce restrictions on the
return of spirituous liquors. On March 13, 2020, the Department issued guidance on the return of spirituous
liquor to wholesalers and producers, respectively, that is due to the impact of COVID-19. Copies of the
Department's
earlier
guidance
are
available
on
the
Department's
website
at
https://azliquor.gov/assets/documents/homepage_docs/COVID-19_returns_March13.pdf.
That guidance is
consistent with the Executive Order and shall remain in place to enforce the Order.


The Executive Order does not permit licensees to otherwise violate A.R.S. § 4-243(A)(4) and give or lend
to retailers any goods or services of value, such as by engaging in new contracts involving credit or
consignment terms.



The Executive Order does not permit licensees to violate A.R.S. § 4-244(7) by purchasing spirituous
liquor other than from wholesalers, subject to several exceptions already existing in Title IV, such as
limited producer self-distribution privileges.

For the Public
The Governor's Executive Order 2020-09 allows for restaurants to sell alcohol for consumption off the premises
in sealed containers. It also closes all non-restaurant retail licensees to the public, which will result in these
licensees likely engaging in increased sales for consumption off the premises. The Executive Order does
not modify existing Title IV consumer regulations about the purchase or consumption of spirituous liquor.

3

 Open Containers
The Executive Order and existing law permits the sale of only sealed containers of alcohol for consumption off
the premises. Consumers are responsible to follow Arizona's open-container laws when transporting spirituous
liquor. Consumers should not unseal containers before or during transport.

John Cocca
Director

4

 Exhibit 

 

GOVERNOR DOUGLAS A. DUCEY

STATE 
EXECUTIVE ORDER

Executive Order 2020-18

 

 

 

 

 

Stay Home, Stay Healthy, Stay Connected
Physical Distancing to Mitigate COVID-19 Nansmission

WHEREAS, Arizona is committed to combating COVID-19, which represents a serious threat to
public health; and

WHEREAS, the State of Arizona has taken proactive actions to mitigate the risk of to
public health and address the econOmic impact of the pandemic; and

WHEREAS, on March 11, 2020, pursuant to A.R.S. 26?303 and 36-787, 1, as Governor of the
State of Arizona, issued a declaration of a Public Health State of Emergency due to the necessity to
prepare for, prevent, reapond to, and mitigate the spread of and

WHEREAS, on March 15, 2020, a statewide school closure was issued in coordination with
Superintendent of Public Kathy Hoffman, later extended on March 30, 2020, through the
end of the school year; and

WHEREAS, many businesses have greatly reduced their hours and operations as directed by health
of?cials and in an effort to protect the public health and slow the spread of and

WHEREAS, on March 17, 2020, following updated guidance from the Centers for Disease Control
and Prevention (CDC), the Arizona Department of Health Services (ADHS) issued updated guidance
that included canceling or postponing gatherings of 10 or more peeple, recommending telework and
other alternatives, restricting access to nursing homes, retirement homes and long-term care facilities
to provide critical assistance, and providing recommendations to restaurants and eating
establishments to mitigate the risk of transmission; and

WHEREAS, on March 19, 2020, Executive Order 2020-09 was issoed requiring restaurants in
Arizona counties with con?rmed cases to provide dine-out options only and required all
bars, and movie theaters in those counties to close; and

WHEREAS, on March 19, 2020, Executive Order 2020-10 halted all elective Surgeries in the State
of Arizona to free up medical resources and maintain the capacity for hospitals and providers to
continue offering vital services; and

WHEREAS, essential services were identi?ed in Executive Order 2020-12 as those speci?cally
necessary to promote the public health, safety and welfare of the state or assist others in ful?lling
such functions; and

 

WHEREAS, to combat and at the recommendation of the state?s health of?cials, the
State of Arizona must continue its efforts by further limiting potential exposure through a policy of
physical distancing while maintaining social connectedness; and

WHEREAS, pursuant to A.R.S. the Governor of Arizona, after a Declaration is
issued, has ?the right to exercise, within the area designated, all police power vested in the state by
the constitution and laws of this state?; and

WHEREAS, pursuant to A.R.S. during a State of Emergency declared by the
Governor, the Arizona Department of Health Services has primary jurisdiction, responsibility and
authority for:

(1) Planning and executing public health emergency assessment, mitigation,
preparedness response and recovery of the State;

(2) Coordinating public health emergency response among State, local and tribal
authorities;

(3) Collaborating with relevant federal government authorities, elected of?cials or other
states, private organizations and private sector companies; and

(4) Coordinating recovery operations and mitigation initiatives subsequent to public
health emergencies; and

WHEREAS, on March 30, 2020, the Director of the Arizona Department of Health Services, based
on an epidemiological assessment of Arizona speci?c data and in alignment with CDC guidance,
recommended the state implement enhanced mitigation strategies.

NOW, THEREFORE, I, Douglas A. Ducey, Governor of the State of Arizona, by virtue of the
authority vested in me by the Constitution and laws of the State, including but not limited to A.R.S. 
26?303 and after consultation with the Director of the Arizona Department of Health Services, do
hereby order, effective at 5:00 p.m. on March 31, 2020:

1. Arizona shall institute a ?Stay home, Stay healthy, Stay connected"r policy that promotes
physical distancing, while also encouraging social connectedness. This builds on actions the
state has already taken, and further memorializes some already in effect, to slow the spread of
19 and protect our citizens.

2. Under this policy, all individuals in the State of Arizona shall limit their time away from their
place of residence or property, except:

a. To conduct or participate in Essential Activities.

For employment, to volunteer or participate in Essential Functions.

c. To utilize any services or products provided by Essential Businesses.

Employment, if as a sole proprietor or family owned business, work is conducted in a
separate of?ce space from your home and the business is not open to serve the public.

e. No person shall be required to provide documentation or proof of their activities to
justify their activities under this order.

3. Arizonans are encouraged to improve social connectedness, resiliency, and help-seeking
behavior by:

 

 

Maintaining ongoing connections and communication with current social supports
and structures such as family, friends, neighbors and other social groups;

Educating fellow Arizonans on the negative health impacts of social isolation;
Developing habits and activities that increase resilience, such as physical activity,
virtual social gatherings, assisting neighbors, implementing or participating in
connection campaigns for at?risk populations, and participating in volunteer
activities;

Sharing informatiOn and awareness of newly available social services and resources
to improve the stability of families and reduce financial stressers; and

Sharing information and awareness of resources in the community by providing
information on where and how high risk populations can access suicide prevention
services throughout Arizona, including specific resources that are targeted to high
risk populations.

4. Under this policy, Essential Activities include:

a.

Obtaining necessary supplies and services for family, household members and pets,
such as groceries, food and supplies for household consumption and use, supplies and
equipment needed to work from home, assignments for completion of distance
learning and products necessary to maintain safety, sanitation and essential
maintenance of the home and residence.

Engaging in activities essential for the health and safety of family, heusehold
members and pets, including things such as seeking medical, behavioral health or
emergency services and obtaining medical supplies or medication.

Caring for a family member, friend, or pet in another household or residence, which
includes but is not limited to transportation of a family member, friend Or their pet for
essential health and safety activities and to obtain necessary supplies and services for
the other household.

Engaging in outdoor exercise activities, such as walking, hiking, running, biking or
gol?ng, but Only if appropriate physical distancing practices are used.

Attending or c0nducting work or volunteering in Essential Functions Which includes
but is not limited to transporting children to child care services for attending work in
an essential service.

Engaging in constitutionally protected activities such as speech and religion, and any
legal or court process provided that such is conducted in a manner that provides
appropriate physical distancing to the extent feasible.

5. To the extent individuals are using shared or outdoor spaces when outside their residence or
property for Essential Activities, they shall to the extent possible maintain physical
distancing of at least six feet from any other person, consistent with guidance from the CDC.

6. All persons may leave their place of residence only for Essential Activities, to participate in
or receive Essential Governmental FunctiOns, or to participate in or ful?ll Essential Functions
outlined in Executive Order 2020-12.

7. Individuals shall limit use of public transportatiOn to when absolutely necessary to obtain or
conduct Essential Activities or attend work in an Essential Function. While using public
transportation, riders shall maintain to the extent possible recommended physical distancing
of at least six feet from other riders and the Operator.

8.

10.

ll.

12.

13.

14.

Individuals experiencing homelessness are exempt from this directive, but are strongly urged
to obtain shelter as soon as possible and to the maximum extent practicable.

Individuals whose residences are unsafe or become unsafe, such as victims of domestic
violence, are permitted and urged to leave their home and stay at a safe alternative location.

For purposes of this Executive Order, homes or residences include hotels, motels, shared
rental units, shelters, and similar facilities.

Businesses and entities that remain open shall implement rules and procedures that facilitate
physical distancing and spacing of individuals of at least six feet.

a. All businesses that are classi?ed as Essential Functions may remain open and
maintain operations, but shall establish and implement social distancing and
sanitation measures established by the United States Department of Labor or the
Arizona Department of Health Services.

b. Essential Functions conducted by governmental entities shall remain open.
Government leaders may adjust operations to promote physical distancing, including
but not limited to offering on-linc services as feasible, limiting the number of persons
in a physical space or limiting access to Specific facilities or areas to protect from the
spread of 

e. Employment in Essential Businesses and Operations means an essential employee
performing work for an Essential Function as identified in the ?Prohibiting the
Closure of Essential Services? Executive Order list.

Non-essential businesses may continue to operate those activities that do not require
in-person, on-site transactions and are encouraged to maintain at least minimum basic
operations that maintain the value of the business? inventory, preserve the cendition of the
business? physical plant and equipment, ensure security, process payroll and employee
bene?ts, facilitate employees of the business being able to continue to work remotely from
their residences, and related functions to include mail pickup.

This Executive Order shall not be construed to prohibit werking from home, operating a
single owner business with no in-person, on-site public interaction, or restaurants and food
services providing delivery or take-away services, so long as proper physical distancing and
sanitation measures are established and implemented.

Arizonans are already acting responsibly during this public health emergency. The intent of
this Executive Order is to ensure that peOple maintain physical distance to the maximum
extent feasible, while enabling essential services to continue, protecting people?s rights and
slowing the spread of to the greatest extent possible. When people need to leave
their places of residence, whether to perform Essential Activities, or to otherwise facilitate
authorized activities necessary for continuity of social and commercial life, they should at all
times and as much as reasonably possible comply with physical distancing recommendations.
All provisions of this Executive Order shall be interpreted to effectuate this intent. Prior to
any enforcement action being taken to enforce this order in accordance with A.R.S. 26-317,
a person shall be noti?ed and given an opportunity to comply.

 

 

15. Pursuant to A.R.S. 26-307, no county, city or town may make or issue any order, rule or
regulation that con?icts with the policy, directives or intent of this Executive Order, including
any order, rule or regulation that limits an individual from conducting, participating in or
receiving Essential Services, Essential Activities or Non-essential Services as outlined in this
order and prior executive orders.

16. If any provision of this Executive Order or its application to any person or circumstance is
held invalid by any court of competent jurisdiction, this invalidity does not affect any other
provision or application of this Executive Order, which can be given effect without the
invalid provision or application. To achieve this purpose, the provisions of this Executive
Order are declared to be severable.

17. This Executive Order shall he in effect until April 30, 2020, unless extended.
IN WITNESS WHEREOF, I have hereunto set my

hand and caused to be af?xed the Great Seal of the
State of Arizona.

Wm

GOVERNOR

DONE at the Capitol in Phoenix on this Thirtieth Day
of March in the Year Two Thousand and Twenty and
of the Independence of the United States of America
the TWO Hundred ?d orty-Fourth.

ATTEST: 1 
.. 

 

Secretary of State

Exhibit 

GOVERNOR DOUGLAS A. DUCEY

STATE 
EXECUTIV OQD

Executive Order 2020-25

 

 

 

 

 

 

 




 

 

 

 

Flexible Food Item Sale of Goods at Restaurants

WHEREAS, a Public Health State of Emergency was declared in Arizona on March 11, 2020 to
prepare for and respond to the outbreak of the 2019 novel coronavirus and

WHEREAS, the President of the United States declared a national emergency on March 13,
2020 due to both the health and economic implications of the virus; and

WHEREAS, the State of Arizona has experienced community spread of COVID- 19 in all
counties as it continues to spread across the country and the state, posing an increasing threat to
public health and having a devastating impact on the economy; and

WHEREAS, the state has taken critical measures to protect public health and safety, which will
result in direct economic consequences for businesses across the State of Arizona that provide
employment for many Arizonans; and

WHEREAS, the economic impacts of on Arizona businesses have been signi?cant;
and

WHEREAS, on March 19, 2020, Executive Order 2020?09 was issued requiring restaurants in
Arizona counties with con?rmed cases to provide dine~out options only; and

WHEREAS, though many restaurants are still operating, they are unable to generate the same
level of revenue through sales in a takeout and delivery only model; and

WHEREAS, many restaurants rely on suppliers who are also suffering economic loss due to
the decline in restaurant sales; and

WHEREAS, due to the decrease in business, many restaurants are in possession of
commodities that they do not currently need and could sell; and

WHEREAS, regulations regarding weights and measures and food labeling may prevent such
sales and limit the ability of restaurants to adapt to the current market which limits their
original business model, and

WHEREAS, on March 26, 2020, the Food and Drug Administration provided temporary
?exibility for nutrition labeling of packaged food; and

WHEREAS, by suspending enforcement of such provisions while requiring minimal labeling
requirements, restaurants can mitigate damage from the economic impacts of while
facilitating access to food and reducing logistical burdens on the grocery store supply chain.

NOW, THEREFORE, 1, Douglas A. Ducey, Governor of the State of Arizona, by virtue of the
authority vested in me by the Constitution and laws of this state, hereby order as follows:

1. Restaurants currently licensed or permitted to serve prepared food may sell grocery
items including, but not limited to, paper goods, cleaning supplies, prepared food in
bulk, meat and vegetables whether or not those items are normally packaged for
resale or are raw provided that the following provisions are followed:

a. Food sold must be wholesome and unadulterated.

b. Open ready?to?eat foods must be within the date marking requirements to
be sold.

0. Products requiring refrigeration must remain under temperature control
or less) until ready for pick up or delivery. Customers should be
instructed to get food home quickly and placed under refrigeration.

d. Bulk household goods should be sold in their original containers.

e. Raw meats should be separated from other foods, especially produce and
other ready?to?eat food items to prevent cross contamination.

f. Businesses shall assess their customer traf?c ?ows to ensure a takeout or
curbside business model will maintain the Governor?s social distancing
requirements.

2. No county, city or town may make, restrict, or prohibit a restaurant covered by this
order from placing temporary signage to indicate that they are open, have delivery,
drive-thru or carryout available or that the restaurant has other items for sale. Any
restrictions currently in place by a county, city or town, other than those necessary
for safety purposes shall be suspended for the duration of this order.

3. The Arizona Department of Agriculture, Weights and Measures Division and any
county, city or town entity that enforces the provisions outlined by the National
Institute for Standards and Technology Handbook 130-2020 and 133-2020, shall
suspend enforcement of such standards in relation to restaurants currently licensed
or permitted to serve prepared or packaged food by a state or local jurisdiction.

4. This order does not permit a restaurant that does not hold a current license from the
Arizona Department of Liquor Licensing and Control to sell alcoholic beverages.
The provisions of Executive Order 2020-09 are still in effect.

5. To the extent possible, a restaurant shall sell items in their original packing. However,
if it is not possible to sell food items in their original packaging, restaurants shall
maintain information to ensure traceability for food safety purposes.

. . 
- . GOVERNOR
333-. -3 i
a? "f . 
DONE at the Capitol in Phoenix on this seventh

 

6. This order shall remain in place until further notice, and shall be reconsidered for
repeal or revision every two weeks following issuance.

IN WITNESS WHEREOF, I have hereunto set my
hand and caused to be af?xed the Great Seal of the
State of Arizona.

0h

day of April in the Year Two Thousand Twenty and
of the Independence of the United States of
America the Two Hundred and arty-Fourth.



- AI .
. 

(81.3 
?@3733? ..

ATTEST:



Secretary of State

Exhibit 

GOVERNOR DOUGLAS A. DUCEY

STATE 


 

 

 

 

VE OQD

Executive Order 2020-33

 

 




 

 

 

Returning Stronger
Amending the Stay Home, Stay Healthy, Stay Connected Order

WHEREAS, Arizona is committed to combating which represents a serious threat to
public health; and

WHEREAS, the State of Arizona has taken proactive actions to mitigate the risk of to
public health and address the economic impact of the pandemic; and

WHEREAS, on March 11, 2020, pursuant to A.R.S. 26-303 and 36-787, I, as. Governor of the
State of Arizona, issued a declaration of a Public Health State of Emergency due to the necessity to
prepare for, prevent, respond to, and mitigate the spread of and

WHEREAS, many businesses have greatly reduced their hours and operations as directed by health
of?cials and in an effort to protect the public health and slow the spread of and

WHEREAS, on March 17, 2020, following updated guidance from the Centers for Disease Control
and Prevention (CDC), the Arizona Department of Health Services (ADHS) issued updated guidance
that included canceling 0r postponing gatherings of 10 or more people, recommending telework and
other alternatives, restricting access to nursing homes, retirement homes and long-term care facilities
to provide critical assistance, and providing recommendations to restaurants and eating
establishments to mitigate the risk of transmission; and

WHEREAS, on March 19, 2020, Executive Order 2020?09 was issued requiring restaurants in
Arizona counties with con?rmed COVID-19 cases to provide dine-out options only and required all
bars, and movie theaters in those counties to close; and

WHEREAS, on March 19, 2020, Executive Order 2020-10 halted all elective surgeries in the State
of Arizona to free up medical resources and maintain the capacity for hospitals and providers to
continue offering vital services; and

WHEREAS, essential services were identi?ed in Executive Order 2020-12 as those speci?cally 
necessary to promote the public health, safety and welfare of the State or assist others in ful?lling
such functions; and

WHEREAS, to combat and at the recommendation of the state?s health officials, the
State of Arizona must continue its efforts by further limiting potential exposure through a policy of
physical distancing while maintaining social connectedness; and

WHEREAS, pursuant to A.R.S. the Governor of Arizona, after a Declaration is issued,
has ?the right to exercise, within the area designated, all police power vested in the state by the
constitution and laws of this state?; and

WHEREAS, pursuant to A.R.S. during a State of Emergency declared by the
Governor, the Arizona Department of Health Services has primary jurisdiction, responsibility and
authority for:

(1) Planning and executing public health emergency assessment, mitigation, preparedness
response and recovery of the State; and

(2) Coordinating public health emergency response among State, local and tribal authorities; and

(3) Collaborating with relevant federal government authorities, elected of?cials or other states,
private organizations and private sector companies; and

(4) Coordinating recovery operations and mitigation initiatives subsequent to public health
emergencies; and

WHEREAS, on March 30, 2020, the Director of the Arizona Department of Health Services, based
on an epidemiological assessment of Arizona speci?c data and in alignment with CDC guidance,
recommended the State implement enhanced mitigation strategies; and

WHEREAS, since the issuance of Executive Order 2020-18, Stay Home, Stay Healthy, Stay
Connected, the federal government issued guidance on the criteria that states should meet prior to
allowing gatherings of people and opening businesses that have been closed due to the need to
mitigate and

WHEREAS, due to the availability of Personal Protective Equipment (PPE) and efforts taken to
increase capacity in our hospitals and intensive care units, Arizona is now more prepared to face the
potential for an increase in patients needing treatment for and

WHEREAS, even with this increased capacity, the data is still showing signi?cant numbers of
people testing positive for and we are still learning the extent to which the disease has
spread within our state; and

WHEREAS, increased diagnostic and serology testing is beginning in Arizona in partnership with
private labs and the universities; and

WHEREAS, since April 1, 2020, essential businesses have innovated and proven they can
implement protocols to ensure that employees and the public are safe as they ful?ll Essential
Activities and participate in Essential Functions; and

WHEREAS, although strides to assess, mitigate and prepare for the COVID-19 response and
recovery have been made, the current efforts in the State to limit potential exposure through a policy
of physical distancing while maintaining social connectedness is necessary; and

WHEREAS, in continuing efforts to mitigate, respond and recover from there is the
ability to slowly and strategically loosen some restrictions while others remain in place as we turn
toward reenergizing our economy.

NOW, THEREFORE, 1, Douglas A. Ducey, Governor of the State of Arizona, by virtue of the
authority vested in me by the Constitution and laws of the State, including but not limited to A.R.S.
26?303 and 36?787, and after consultation with the Director of the Arizona Department of Health
Services, do hereby order:

1. Arizona shall institute a ?Stay home, Stay healthy, Stay connected? policy that promotes
physical distancing, while also encouraging social connectedness. This builds on actions the
State has already taken, and further memorializes some already in effect, to slow the spread
of COVID-19 and protect our citizens.

2. Under this policy, all individuals in the State of Arizona shall limit their time away from their
place of residence or property, except:

a.

b.
c.


To conduct or participate in Essential Activities;

For employment, to volunteer or participate in Essential Functions;

To utilize any services or products provided by Essential Businesses;

Employment, if as a sole proprietor or family owned business, work is conducted in a
separate of?ce space from your home and the business is not Open to serve the public;
and

No person shall be required to provide documentation or proof of their activities to
justify their activities under this order.

3. Arizonans are encouraged to improve social connectedness, resiliency, and help-seeking

behavior by:

a. Maintaining ongoing connections and communication with current social supports
and structures such as family, friends, neighbors and other social groups;

b. Educating fellow Arizonans on the negative health impacts of social isolation;

0. Developing habits and activities that increase resilience, such as physical activity,
virtual social gatherings, assisting neighbors, implementing or participating in
connection campaigns for at-risk populations, and participating in volunteer
activities;

d. Sharing information and awareness of newly available social services and resources
to improve the stability of families and reduce ?nancial stressors; and

e. Sharing information and awareness of resources in the community by providing

information on where and how high risk populations can access suicide prevention
services throughout Arizona, including specific resources that are targeted to high
risk populations.

4. Under this policy, Essential Activities include:

f.

Obtaining necessary supplies and services for family, household members and pets,
such as groceries, food and supplies for household consumption and use, supplies and
equipment needed to work from home, assignments for completion of distance
learning and products necessary to maintain safety, sanitation and essential
maintenance of the home and residence;

10.

11.

g. Engaging in activities essential for the health and safety of family, household
members and pets, including things such as seeking medical, behavioral health or
emergency services and obtaining medical supplies or medication;

h. Caring for a family member, friend, or pet in another household or residence, which
includes but is not limited to transportation of a family member, friend or their pet for
essential health and safety activities and to obtain necessary supplies and services for
the other household;

i. Engaging in outdoor exercise activities, such as walking, hiking, running, biking or
gol?ng, but only if appropriate physical distancing practices are used;

j. Attending or conducting work or volunteering in Essential Functions which includes
but is not limited to transporting children to child care services for attending work in
an essential service;

k. Engaging in constitutionally protected activities such as Speech and religion, and any
legal or court process provided that such .is conducted in a manner that provides
appropriate physical distancing to the extent feasible; and

1. Persons may visit retailers permitted to operate pursuant to this order.

To the extent individuals are using shared or outdoor spaces when outside their residence or
property for Essential Activities, they shall to the extent possible maintain physical
distancing of at least six feet from any other person, consistent with guidance from the CDC.

All persons may leave their place of residence only for Essential Activities, to participate in
or receive Essential Governmental Functions, or to participate in or ful?ll Essential Functions
outlined in Executive Order 2020- 12.

Individuals shall limit use of public transportation to when absolutely necessary to obtain or
conduct Essential Activities or attend work in an Essential Function. While using public
transportation, riders shall maintain to the extent possible reconmiended physical distancing
of at least six feet from other riders and the operator.

Individuals experiencing homelessness are exempt from this directive, but are strongly urged
to obtain shelter as soon as possible and to the maximum extent practicable.

Individuals whose residences are unsafe or become unsafe, such as victims of domestic
violence, are permitted and urged to leave their home and stay at a safe alternative location.

For purposes of this Executive Order, homes or residences include hotels, motels, shared
rental units, shelters, and similar facilities.

Businesses and entities that remain open shall implement rules and procedures that facilitate
physical distancing and spacing of individuals of at least six feet.

a. All businesses that are classi?ed as Essential Functions may remain open and
maintain operations, but shall establish and implement social distancing and
sanitation measures established by the United States Department of Labor or the
Arizona Department of Health Services.

b. Essential Functions conducted by governmental entities shall remain open.
Government leaders may adjust operations to promote physical distancing, including
but not limited to offering on?line services as feasible, limiting the number of persons

12.

13.

14.

in a physical space or limiting access to speci?c facilities or areas to protect from the
spread of COVID-19.

0. Employment in Essential Businesses and Operations means an essential employee
performing work for an Essential Function as identi?ed in the ?Prohibiting the
Closure of Essential Services? Executive Order list.

Except as provided herein, non-essential businesses may continue to operate those activities
that do not require on?site transactions and are encouraged to maintain at least
minimum basic operations that maintain the value of the business? inventory, preserve the
condition of the business? physical plant and equipment, ensure security, process payroll and
employee bene?ts, facilitate employees of the business being able to continue to work
remotely from their residences, and related functions to include mail pickup.

a. Effective May 4, 2020, retailers which are not classi?ed as essential under Executive
Order 2020-12, Prohibiting the Closure of Essential Services, and whose business
involves the sale of goods, may operate and offer goods through delivery service,
window service, walk?up service, drive?through service, drive-up service, curbside
delivery or appointment provided they establish and implement protocols and best
practices for businesses to address COVID-IQ as outlined in this order.

b. Effective May 8, 2020 retailers which are not classi?ed as essential under Executive
Order 2020-12, Prohibiting the Closure of Essential Services, and whose business
involves the sale of goods may open, operate and offer goods for sale to customers in
their stores provided they establish and implement protocols and best practices for
businesses to address as outlined in this order.

0. To operate under this order, retailers for goods shall follow those provisions outlined
in paragraph 11.

d. Areas where people may be inclined to congregate in an enclosed or con?ned area
such as indoor shopping malls shall continue to limit operations. Retailers located
within such buildings or areas whose only entrance is through the shopping mall or
other enclosed area may operate through delivery or curbside service or appointment
only.

e. Nothing in this order shall be construed as requiring a retailer to open for business.

This Executive Order shall not be construed to prohibit working from home, operating a
single owner business with no in-person, on?site public interaction, or restaurants and food
services providing delivery or take-away services, so long as proper physical distancing and
sanitation measures are established and implemented.

Arizonans are already acting responsibly during this public health emergency. The intent of
this Executive Order is to ensure that people maintain physical distance to the maximum
extent feasible, while enabling essential services to continue, reinvigorating our economy,
protecting people?s rights and slowing the spread of to the greatest extent
possible. When people need to leave their places of residence, whether to perform Essential
Activities, or to otherwise facilitate authorized activities necessary for continuity of social
and commercial life, they should at all times and as much as reasonably possible comply with
physical distancing recommendations. All provisions of this Executive Order shall be
interpreted to effectuate this intent. Prior to any enforcement action being taken to enforce

15.

16.

17.

 

ask -
?i 911%? ?x 

this order in accordance with A.R.S. 26-317, 'a person shall be noti?ed and given an
opportunity to comply.

Pursuant to A.R.S. 26-307, no county, city or town may make or issue any order, rule or
regulation that con?icts with the policy, directives or intent of this Executive Order, including
any order, rule or regulation that limits an individual from conducting, participating in or
receiving Essential Services, Essential Activities or Non-essential Services as outlined in this
order and prior executive orders.

If any provision of this Executive Order or its application to any person or circumstance is
held invalid by any court of competent jurisdiction, this invalidity does not affect any other-
provision or application of this Executive Order, which can be given effect Without the
invalid provision or application. To achieve this purpose, the provisions of this Executive
Order are declared to be severable.

This Executive Order shall be in effect until May 15, 2020 at 11:59 pm, unless modi?ed,
extended or rescinded.

IN WITNESS WHEREOF, I have hereunto set my
hand and caused to be af?xed the Great Seal of the
State of Arizona.



GOVERNOR
. - I. 35% DONE at the Capitol in Phoenix on this twenty-ninth
-, . 112219-9- .- day of April in the Year Two Thousand and Twenty

xxk' .
. and of the Independence of the Unlted States of

America the Two Hundred and Forty-Fourth.
ATTEST:

Wm,

Secretary of State

Exhibit 

GOVERNOR DOUGLAS A. DUCEY

STATE 
EX UT 

Executive Order 202'0-34

 

 

 

 

 



 

 

 

 

 

Building on COVID-19 Successes
Resaming additional business operations for barbers, cosmetologists and dine-in restaurants

WHEREAS, on March 11, 2020, pursuant to A.R.S. 26-303 and 36?787, 1, as Governor of
the State of Arizona, issued a declaration of a Public Health State of Emergency due to the
necessity to prepare for,.prevent, respond to, and mitigate the spread of and

WHEREAS, on March 30, 2020, the Director of the Arizona Department of Health Services,
based on an epidemiological assessment of Arizona speci?c data and in alignment with CDC
guidance, recommended the State implement enhanced mitigation strategies; and

WHEREAS, since the issuance of Executive Order 2020?18, Stay Home, Stay Healthy, Stay
Connected, the federal government issued guidance on the criteria that states should meet prior
to allowing gatherings of people and opening businesses that have been closed due to the need to
mitigate and

WHEREAS, due to the availability of Personal Protective Equipment (PPE) and efforts taken to
increase capacity in our hospitals and intensive care units, Arizona is now more prepared to face
the potential for an increase in patients needing treatment for and

WHEREAS, increased diagnostic and serology testing has begun in Arizona in partnership with
private labs and the universities; and

WHEREAS, since April 1, 2020, essential businesses have innovated and proven they can
implement protocols to ensure that employees and the public are safe as they ful?ll Essential
Activities and participate in Essential Functions; and

WHEREAS, on April 29, 2020, Executive Order 2020?33, Returning Stronger, was issued to
allow for retailers to resume operation in a limited capacity while still directing people to stay
home to the extent possible; and

WHEREAS, on May 4, 2020, additional data was released by the Arizona Department of Health
Services showing continued progress in mitigating and limiting the spread of and
sustaining adequate hospital capacity; and

WHEREAS, in continuing efforts to mitigate, respond and recover from there is the
ability to slowly and strategically loosen some restrictions while others remain in place as we
turn toward reenergizing our economy; and

WHEREAS, even as some restrictions are lifted, the data must continue to be monitored to
determine the impacts of opening businesses on the rates of COVID-19 Like Illnesses (CLI) in
our community to ensure that such actions are not negatively impacting the strides made to our
healthcare system; and

WHEREAS, pursuant to A.R.S. the Governor of Arizona, after a Declaration is
issued, has ?the right to exercise, Within the area designated, all police power vested in the state
by the constitution and laws of this state?; and

WHEREAS, pursuant to A.R.S. during a State of Emergency declared by the
Governor, the Arizona Department of Health Services has primary jurisdiction, responsibility
and authority for:

1. Planning and executing public health emergency assessment, mitigation, preparedness
response and recovery of the State;

2. Coordinating public health emergency response among State, local and tribal authorities;

3. Collaborating with relevant federal government authorities, elected officials or other
states, private organizations and private sector companies; and

4. Coordinating recovery operations and mitigation initiatives subsequent to public health
emergencies.

NOW, THEREFORE, 1, Douglas A. Ducey, Governor of the State of Arizona, by virtue of the
authority vested in me by the Constitution and laws of the State, including but not limited to
A.R.S. 26-303 and 36-787, and after consultation with the Director of the Arizona
Department of Health Services, do hereby order:

1. Notwithstanding Executive Order 2020?33, effective Friday, May 8, 2020, barbers and
cosmetologists de?ned and licensed by Title 32 of the Arizona Revised Statutes may
resume operations provided they establish and implement protocols and best practices for
businesses to address including using face coverings for employees and .
customers, operating by appointment only and following protocols as directed by the
Centers for Disease Control and Prevention, the United States Department of Labor
Division of Occupational Safety and the Arizona Department of Health Services. All
other provisions of Executive Order 2020-33 shall remain in effect.

2. Notwithstanding Executive Order 2020?09, effective Monday, May ll, 2020, dine?in
services may resume provided they establish and implement protocols and best practices
for businesses to address including enacting physical distancing policies,
limiting the number of diners and following protocols as directed by the Centers for
Disease Control and Prevention, the United States Department of Labor Division of

Occupational Safety and Health Administration and the Arizona Department of Health
Services. All other provisions of Executive Order 2020-09 shall remain in effect.

Persons Visiting businesses providing services under this order shall not be deemed to be
in violation of Executive Order 2020-33.



 

IN WITNESS WHEREOF, I have hereunto "set my
hand and caused to be affixed the Great Seal of the
State of Arizona.

4..

GOVERNOR

DONE at the Capitol in Phoenix on this fourth day of
May in the Year Two Thousand and Twenty and of the
Independence of the United States of America the
Two Hundred and Forty-Fourth.

ATTE ST:

Secretary of State

Exhibit I

GOVERNOR DOUGLAS A. DUCEY

STATE 
EXECUTIVE OED

Executive. Order 2020-36

 

 

 

 

 

 




 

 

Stay Healthy, Return Smarter, Return Stronger

WHEREAS, on March 11, 2020, pursuant to A.R.S. 26-303 and 36-787, I, as Governor of
the State of Arizona, issued a declaration of a Public Health State of Emergency due to the
necessity to prepare for, prevent, respond to, and mitigate the spread of and

WHEREAS, on March 30, 2020, the Director of the Arizona Department of Health Services
(ADHS), based on an epidemiological assessment of Arizona speci?c data and in alignment with
the Centers for Disease Control and Prevention (CDC) guidance, recommended the State
implement enhanced mitigation strategies; and

WHEREAS, due to the availability of Personal Protective Equipment (PPE) and efforts taken to
increase capacity in our hOSpitals and intensive care units, Arizona is now more prepared to face
the potential for an increase in patients needing treatment for and -

WHEREAS, increased diagnostic and serology testing has accelerated in Arizona in partnership
with private labs and the universities; and

WHEREAS, since April 1, 2020, businesses have innovated and demonstrated they can
implement protocols to ensure that employees and the public are safe; and

WHEREAS, on April 29, 2020, Executive Order 2020-33, Returning Stronger, was issued to
allow for retailers to resume operation in a limited capacity while still directing people to stay
home to the extent possible; and

WHEREAS, on May 4, 2020, additional data was released by ADHS showing continued
progress in mitigating and limiting the spread of COVID-19 and sustaining adequate hospital
capacity; and

WHEREAS, on May 8, 2020, retailers, cosmetologists and barbers were able to open for
customers; and

WHEREAS, on May 11, 2020, dine-in services were opened; and

WHEREAS, Arizona has satis?ed the gating criteria outlined in the Guidelines for Opening Up
America Again published by the CDC and the White House Coronavirus Task Force and has
entered Phase I of the proposed phased approach; and

WHEREAS, in continuing efforts to mitigate, respond and recover from there is the
ability to slowly and strategically loosen some restrictions while others remain in place as we
turn toward reenergizing our economy; and

WHEREAS, even as some restrictions are lifted, the data must continue to be monitored to
determine the impacts of opening businesses on the rates of Like Illnesses (CLI) in
our community to ensure that such actions are not negatively impacting the strides made to our
healthcare system; and

WHEREAS, pursuant to A.R.S. during a State of Emergency declared by the
Governor, ADHS has primary jurisdiction, responsibility and authority for:
1. Planning and executing public health emergency assessment, mitigation, preparedness
response and recovery of the State;

2. Coordinating public health emergency response among State, local and tribal authorities;

3. Collaborating with relevant federal government authorities, elected of?cials or other
states, private organizations and private sector companies; and

4. Coordinating recovery operations and mitigation initiatives subsequent to public health
emergencies.

NOW, THEREFORE, 1, Douglas A. Ducey, Governor of the State of Arizona, by virtue of the
authority vested in me by the Constitution and laws of the State, including but not limited to
A.R.S. 26-303 and 36?787, and after consultation with the Director of ADHS, do hereby order
that effective May 16, 2020 at 12:00 am:

1. Arizona shall institute a ?Stay Healthy, Return. Smarter, Return Stronger? policy that
promotes physical distancing, while encouraging social connectedness and allows
businesses to gradually and safely open in compliance with federal guidelines as the state
continues to mitigate and prevent the Spread of This builds on actions the
state has already taken, and further memorializes some already in effect, to slow the
spread of COVID-19 and protect our citizens.

2. Executive Orders 2020-18, 2020-24 and 2020-33 are hereby expired and rescinded.
Provisions of all other orders issued and still in effect since the March 11, 2020
Declaration of Public Health Emergency remain in place unless guidance is or has been
provided by ADHS on how to safely reopen or operate while mitigating or
the orders expire, are amended or rescinded.

3. Under this policy, all vulnerable individuals, including the elderly and individuals with
underlying health conditions, are advised to take reasonable steps to continue limiting
their time away from their place of residence or property. Members of households with

vulnerable individuals should take precautions to protect vulnerable individuals and
should be aware that by returning to work or being out in public, they could carry the
virus back home.

All individuals, when in public areas, should maximize physical distance from others.
Social settings where appropriate physical distancing is not practical should be avoided
unless precautionary measures are observed and CDC guidelines are followed.

Any business, whether for-pro?t or non-pro?t, institution, profession or entity that
physically operates in this state and serves the public or is an employer shall develop,
establish and implement policies based on guidance from the CDC, Department of Labor,
Occupational Safety and Health Administration (OSHA) and ADHS to limit and mitigate
the spread of including the following:

Promoting healthy hygiene practices;

lntensifying cleaning, disinfection and ventilation practices;

Monitoring for sickness;

Ensuring physical distancing;

Providing necessary protective equipment;

Allowing for and encouraging teleworking where feasible;

Providing plans, where possible, to return to work in phases; and

Limiting the congregation of groups of no more than 10 persons when feasible
and in relation to the size of the location.

was rare 21.0 

Nothing in this order prevents a person from engaging in constitutionally protected
activities such as speech and religion or participating in the democratic process.

Pursuant to A.R.S. 26-307, no county, city or town may make or issue any order, rule or
regulation that con?icts with or is in addition to the policy, directives or intent of this
Executive Order, including but not limited to any order restricting persons from leaving
their home due to the public health emergency, or any other order, rule or
regulation that was not in place as of March 11, 2020. This includes but is not limited to
any function or service designated as an Essential Service in Executive Order 2020-12.

Arizonans have continued to act responsibly during this public health emergency. The
intent of this Executive Order is to ensure that the State of Arizona continues to mitigate
the spread of to the greatest extent possible. All law enforcement and
regulatory agencies that have enforcement authority under existing law should focus ?rst
on educating and working to promote best practices to accomplish this goal. An
individual shall be noti?ed of the provisions of this order and given an opportunity to
comply prior to any enforcement action being taken.

If any provision of this Executive Order or its application to any person or circumstance
is held invalid by any court of competent jurisdiction, this invalidity does not affect any
other provision or application of this Executive Order, which can be given effect without
the invalid provision or application. To achieve this purpose, the provisions of this
Executive Order are declared to be severable. I

10. This order shall remain in place until further notice, and shall be considered for repeal or
revision at least every two weeks following issuance.

IN WITNESS WHEREOF, I have hereunto set my
hand and caused to be. af?xed the Great Seal of the
State of Arizona.

?$0:th

. DONE at the. Capitol in Phoenix on this twelfth day
- of May in the year Two Thousand andTwenty and
i I of the Independence of the United States of
America the Two Hundred and Forty-Fourth.

r; q-J'
I MI) ?rtrl'i
- 

 

ATTEST:

Secretary of State

Exhibit 

GOVERNOR DOUGLAS A. DUCEY

STATE OF ARIZONA


EXECUT VE ORD

Executive Order 2020?43

 

 

 

 

 

 

 

 

 

:2

Pausing of Arizona?s Redpening
Slowing the Spread of C0 VIE-19

WHEREAS, on March 11, 2020, pursuant to A.R.S. 26-303 and 36-787, I, as Governor of the State of
Arizona, issued a declaration of a Public Health State of Emergency due to the necessity to prepare for,
prevent, respond to, and mitigate the spread of and

WHEREAS, on March 30, 2020, the Director of the Arizona Department of Health Services (ADHS),
based on an epidemiological assessment of Arizona Speci?c data and in alignment with the Centers for
Disease Control and Prevention (CDC) guidance, recommended the State implement enhanced mitigation
strategies which are continuing; and

WHEREAS, on May 12, 2020, Executive Order 2020-36, Stay Healthy, Return Smarter: Return Stronger,
was issued outlining requirements for businesses to assist in mitigating the Spread of as they
reopened and mandated that businesses adopt policies consistent with guidance from the CDC and the
and

WHEREAS, as of June 28, 2020, there have been 73,908 diagnosed cases of COVID-19 in Arizona
including 1,588 deaths, and the State is seeing an increase in the number of cases and hospitalizations;
and

WHEREAS, the increased case numbers and hospitalizations also necessitate the need for an increased
focus on precautionary measures by both businesses and individuals; and

WHEREAS, data has shown that community spread continues to grow at an exponential pace and is
greatest among the demographic of 20?44 year olds; and

WHEREAS, there has not been suf?cient time for mask mandates and limiting groups to have a
demonstrable effect on containing the spread and additional measures need to be taken to ensure quicker
containment; and

WHEREAS, it is necessary to impose additional measures to protect public health and safety and
mitigate the strain on our health care providers by slowing the spread of 9; and

WHEREAS, in taking such critical measures to protect public health there will be direct economic
consequences for businesses across the State of Arizona that provide employment for many Arizonans,
including bars and restaurants; and

WHEREAS, A.R.S. 4?203, allows spirituous liquor be issued only after satisfactory
showing of the capability, quali?cations and reliability of the applicant and, with the exception of

wholesaler, producer, government or club licenses, that the public convenience requires and that the best
interest of the community will be substantially served by the issuance.? and

WHEREAS, due to community spread of COVTD-19, the state will not be substantially served by the
issuance of certain liquor licenses; and

WHEREAS, Arizona is committed to containing the spread of 

NOW, THEREFORE, 1, Douglas A. Ducey, Governor of the State of Arizona, by virtue of the authority
vested in me by the Constitution and laws of this state including A.R.S. 26?303 and 36-787, hereby
order as follows:

1.

Effective June 29, 2020, organized public events of more than 50 people are prohibited unless the
city, town or county in unincorporated areas has approved the event, and only if adequate safety
precautions are implemented, including physical distancing measures. A city, town or county in
unincorporated areas may deny a request for an organized event due to public health concerns
related to Any approval may be subject to certain conditions or restrictions not
inconsistent with this or any other executive order. Nothing in this order shall inhibit a person
from engaging in constitutionally protected activities such as speech and religion, and any legal
or court process provided that such is conducted in a manner that provides appropriate physical
distancing to the extent feasible.

The Department of Liquor Licenses and Control shall cease issuing series 15, Special Event
licenses and series 16, Festival/Fair licenses for the period of June 29, 2020 through July 27,
2020.

Notwithstanding any other law or executive order, effective at 8:00 pm on Monday, June 29,
2020, the following establishments shall pause operations until at least July 27, 2020, unless
extended:

a. Bars, meaning an entity who holds a series 6 or 7 liquor license from the Department of
Liquor Licenses and Control and whose primary business is the sale or dispensing of
alcoholic beverages. These entities may continue serving the public through pick up,
delivery, and drive?thru operations as provided for series 12 liquor licenses in Executive
Order 2020?09, Limiting he Operations Certain Businesses To Slow The Spread Of


Indoor and ?tness clubs or centers.

0. Indoor movie theaters.

(1. Water parks and tubing operators.

4. Pools may continue to operate as follows:

a. Pools operated as part of a public accommodation, such as those at hotels but not those at
multi-housing complexes, shall prohibit groups larger than 10 from congregating together
in or near the pool. -

b. Privately owned pools located in public areas such as those at multi-housing complexes
or other privately owned facilities may continue to be open provided that signage is
included at all entrances to the pool reminding people to maintain physical distance and
that groups larger than 10 should not congregate.

To receive authorization to reopen, entities shall complete and submit a form as prescribed by the
Arizona Department of Health Services that attests the entity is in compliance with guidance
issued by ADHS related to business operations. The form shall also be posted in an
easily Visible public place on the entity?s premises. ADHS shall provide information to the public
on those entities that have submitted such attestations on its website.

A local governmental jurisdiction shall have the authority to take immediate action against an
entity that operates without submitting the prescribed attestation to the Arizona Department of
Health Services.

Notwithstanding any other law or executive order, this executive order allows law enforcement
and any regulatory agency, pursuant to their regulatory authority, to take immediate enforcement
action against any business that fails to follow this Executive Order or any guidance issued by the
Arizona Department of Health Services relating to for the protection of the public
health, safety and welfare up to and including summary suspension for any license that the
business holds.

If any provision of this Executive Order or its application to any person or circumstance is held
invalid by any court of competent jurisdiction, this invalidity does not affect any other provision
or application of this Executive Order, which can be given effect without the invalid provision or
application. To achieve this purpose, the provisions of this Executive Order are declared to be
severable.

This order shall remain in place until further notice, and shall be reconsidered for repeal or
revision every two weeks after July 27, 2020.

IN WITNESS WHEREOF, I have hereunto set my
hand and caused to be af?xed the Great Seal of the State
of Arizona.



GOVERNOR

DONE at the Capitol in Phoenix on this twenty-ninth
day of June in the year Two Thousand and Twenty and
of the Independence of the United States of America the
Two Hundred and Forty?Fourth.

 

ATTEST:

Secretary of State

Exhibit 

GOVERNOR DOUGLAS A. DUCEY

STATE OF ARIZONA


EXECUT ORD

Executive Order 2020-52

 

 

 

 

 

 

 

 

 

 

 



 

Continuation of Executive Order 202043
Slowing the Spread of C0 VID-19

WHEREAS, on June 29, 2020, Executive Order 2020-43 was issued providing measures to protect
public health and safety and mitigate the strain on our health care providers by slowing the spread of
and

WHEREAS, at the time of issuance, Arizona had 73,908 diagnosed cases of COVID-19 including
1,588 deaths, and the State was seeing an increase in the number of cases and hospitalizations; and

WHEREAS, the increased case numbers and hospitalizations necessitated the need for an increased
focus on precautionary measures by both businesses and individuals; and

WHEREAS, since the issuance of that Order, action was taken to limit restaurant capacity to 50%
and other mitigation measures such as eliminating standing at restaurants; and

WHEREAS, as of July 23, 2020, there have been 152,944 diagnosed cases of COVID-19 in Arizona
including 3,063 deaths; and

WHEREAS, the weekly Arizona State Report issued by the White House Coronaviius Task Force
on July 19, 2020, identi?es that all but two Arizona counties are in the ?red zone? which indicates
there were new cases above 100 per 100,000 population and a diagnostic test positivity result above
10%; and

WHEREAS, the policy recommendations in the State Report, include that and bars should be
closed, that outdoor dining Opportunities should be provided as possible and that groups should be
limited to 10 people or fewer; and

WHEREAS, Executive Order 2020-43, outlined that certain businesses should be closed until at
least July 27, 2020 to respond to and mitigate the spread of and

WHEREAS, Executive Order 2020?43 stated it ?shall remain in place until further notice and
reviewed for repeal or revision every two weeks after July 27, 2020;? and

WHEREAS, mask mandates, limitations on groups and closure of certain businesses have resulted in
slight improvements to the growth of cases, these measures need to continue due to continued high
rates of hospitalizations and high numbers of cases; and

WHEREAS, Arizona is committed to containing the spread of COVID-19.

NOW, THEREFORE, I, Douglas A. Ducey, Governor of the State of Arizona, by virtue of the
authority vested in me by the Constitution and laws of this state including A.R.S. 26-303 and
36-787, hereby order as follows:

1.

 

The provisions of Executive Order 2020-43, ordered through July 27, 2020, including those
pausing business operations for certain businesses, shall be extended, remain in place and
continue to be reviewed for repeal or revision every two weeks.

The Governor?s Of?ce will issue a notice of review and current status. of this and Executive
Order 2020-43 which shall be published on the Governor?s Of?ce website at


If any provision of this Executive Order, and Executive Order 2020-43 which is incorporated
herein, or their application to any person or circumstance is held invalid by any court of
competent jurisdiction, this invalidity does not affect any other provision or application of
this Executive Order or any other Executive Order, which can be given effect without the
invalid provision or application. To achieve this purpose, the provisions of this Executive
Order are declared to be severable.

IN WITNESS WHEREOF, I have hereunto set my
hand and caused to be af?xed the Great Seal of the
State of Arizona.

0h

GOVERNOR

DONE at the Capitol in Phoenix on this twenty? third
day of July in the year Two Thousand and Twenty and
of the Independence of the United States of America
the Two Hundred and orty- Fifth.

ATTEST:

 

Secretary of State

Exhibit 

COVID-19 Guidance for Businesses
August 10, 2020

I ARIZONA DEPARTMENT
.l OF HEALTH SERVICES

 

Contents
Introduction
Benchmarks
Responding to COVID-19 in Businesses
Requirements for Operations
• Indoor Gyms and Fitness Centers
• Bars and Nightclubs Providing Dine-In Services
• Bars and Nightclubs Not Operating as a Restaurant
• Indoor Theaters
• Water Parks and Tubing Operators
Supplemental Materials
• How to Wear a Mask
• How to Wash Your Hands
• Symptoms of COVID-19
• Sample Visitor Screening Protocol
• COVID-19 Risk Gradient
• Attestation for Resuming Operations
• Flowchart of Attestation Process

 Introduction
On June 27, Governor Ducey issued Executive
Order 2020-43 “Pausing of Arizona’s Reopening.”
This paused the reopening of several specific
industries with operations that are considered
by public health to have a high-risk of spreading

COVID-19 Risk Index
Know Your Risk During COVID-19

LOW RISK

COVID-19, specifically indoor gyms and fitness
centers, bars and nightclubs, waterparks and
tubing, and movie theaters. It also limited
indoor and outdoor gatherings to no more than
50 people. Since this pause, Arizona has seen a
decline in its percent positivity, an increase in
hospital capacity, and an improvement in other
indicators. On July 23, that order was extended,
with a review every two weeks.
Safe operation of businesses is an important

HIGH RISK
•  Eating at a buffet
•  Working out at an indoor
gym or fitness center

•  Going to an amusement
park
•  Going to a casino
•  Going to a movie theater
•  Attending a large
music concert
•  Going to a sports
stadium
•  Attending events
or services with
50+ people
•  Going to a bar

strategy to reduce COVID-19 transmission
in Arizona. While many businesses provide
significant benefits including economic
opportunities for staff, social connections for
staff and patrons, and physical fitness options
for the community in the case of gyms, the risk
of COVID-19 transmission may outweigh these
benefits if the virus is widespread. Thus, the
level of COVID-19 spread in the community is
an important factor in determining when, and

MODERATE-HIGH
•  Going to a hair salon or barbershop
•  Eating inside a restaurant
•  Attending a wedding or funeral
•  Traveling by plane
•  Playing a close contact sport such
as basketball or football

•  Opening the mail
•  Teleworking from your own home
•  Getting takeout from a restaurant
•  Pumping gasoline
•  Playing tennis
•  Going camping with your household
or other usual close contacts

MODERATE-LOW
•  Grocery shopping
•  Going for a walk, run, hike, or

bike ride with your household or
other usual close contacts
•  Playing golf
•  Hanging out with your
#quaranteam at their house
•  Staying at a hotel
•  Sitting in a doctor’s waiting room
•  Going to a library or museum
•  Eating outside at a restaurant
•  Walking in a busy downtown
•  Spending time at a playground

MODERATE
•  Dinner party at someone’s house
with people who are not your
usual close contacts
•  Attending a backyard barbecue
•  Visiting a lake or tubing
•  Shopping at a mall
•  Sending kids to school, camp,
or day care
•  Working in an office building
•  Swimming in a public pool

to what extent, it is safe to resume certain
business operations.

3

 Benchmarks
There are two key components to resuming business operations. First is the quality of the establishment’s
implementation of COVID-19 mitigation strategies. This plan outlines mitigation strategies tailored for specific types of
business operations. Business must attest to their implementation of these strategies prior to operating. The second
is the level of spread occurring in the community. The Centers for Disease Control and Prevention (CDC) defines
community spread as follows:
Minimal Community Spread: Evidence of isolated cases or limited community transmission, case
investigations underway; no evidence of exposure in large communal setting.
Moderate Community Spread: Sustained transmission with high likelihood or confirmed exposure within
communal settings and potential for rapid increase in cases.
Substantial Community Spread: Large scale, controlled community transmission, including communal
settings (e.g., schools, workplaces).
ADHS further defines community spread levels with the thresholds outlined below. These thresholds are consistent
with the national standards set by the Coronavirus Task Force.
Benchmarks

Minimal

Moderate

Substantial

Cases

<10 cases/100,000

10-100 cases/100,000

>100 cases/100,000

Percent Positivity

<5%

5-10%

≥10%

Covid Like Illness

<5%

5-10%

>10%

4

 Applying the Benchmarks to Business Operations
The benchmark categories correspond with phased reopening strategies for various business types. All three
benchmarks must be met for 14 days with a 12-day reporting lag period to move from a higher transmission
category to a lower one.

Establishment Type

Minimal

Moderate

Substantial

Indoor Gyms and
Fitness Centers

50% occupancy with ADHS mitigation
requirements until < 3% positivity.

25% occupancy with ADHS
mitigation requirements

Closed

Indoor Theaters,
Water Parks and Tubing

50% occupancy with ADHS mitigation
requirements until < 3% positivity.

50% occupancy with ADHS
mitigation requirements

Closed

50% occupancy, only if converted to restaurant
service per ADHS mitigation requirements until
< 3% positivity.

50% occupancy, only if converted
to restaurant service per ADHS
mitigation requirements

Once < 3% positivity, 50% occupancy operating
as a bar with ADHS mitigation requirements.

Encourage outdoor dining

Bars and Nightclubs
Providing Dine-In
Services

Bars and Nightclubs
Not Operating as a
Restaurant

Closed until 3% positivity. Once 3% positivity,
operate at 50% occupancy with ADHS
mitigation requirements.

Closed

Closed

Closed

5

 Understanding the Benchmarks
Cases
Benchmark: Two weeks below 100 cases
per 100,000

Percent Positivity
Benchmark: Two weeks with percent
positivity below 10%

COVID-like Illness
Benchmark: Two weeks with hospital visits
due to COVID-like illness below 10%

Data Source: ADHS MEDSIS Confirmed
and Probable Cases
Available by: County
Data Source: ADHS Electronic Laboratory
Data

Data Source: BioSense Syndromic
Surveillance Platform

Available by: County

Available by: BioSense Region
•  Northern: Apache, Coconino, Navajo,  
  Yavapai Counties
•  Central: Gila, Maricopa, Pinal    
 Counties
•  Southeastern: Cochise, Graham,   
  Greenlee, Pima, Santa Cruz Counties
•  Western: La Paz, Mohave, Yuma   
 Counties

6

 July 2020

Data Dashboard

Sun

ADHS provides a data dashboard showing performance on each of the
benchmarks. This dashboard is updated weekly on Thursdays to provide
real-time information for decision making by business operators.
This image provides
examples using the August

Dashboard Update

Date Time Period

and September dashboard

August 6, 2020

07/12 - 07/18
07/19 - 07/25

August 13, 2020

07/19 - 07/25
07/26 - 08/01

August 20, 2020

07/26 - 08/01
08/02 - 08/08

August 27, 2020

08/02 - 08/08
08/09 - 08/15

September 3, 2020

08/09 - 08/15
08/16 - 08/22

September 10, 2020

08/16 - 08/22
08/23 - 08/29

September 17, 2020

08/23 - 08/29
08/30 - 09/05

Sept 24, 2020

08/30 - 09/05
09/06 - 09/12

updates with the data time
period. Dashboard updates
will continue beyond the
dates in the table.

Mon

Tue

Wed

Thu

Fri

Sat

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

Wed

Thu

Fri

August 2020
Sun

Mon

Tue

Sat

1
2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

September 2020
Sun

Mon

Tue

Wed

Thu

Fri

Sat

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

7

 The dashboard should be used to determine the level of community spread of COVID-19 in Arizona.
Users may select a county to filter the data. The dashboard includes easy to read, color coded indicators.

Benchmark Definitions

All three metrics must be met for two
consecutive weeks

What is this dashboard?
ADHS Business Operations Dashboard

Minimal Transmission

This dashboard is used to determine the level

<10 cases per 100k, <5% positivity,

of community spread of COVID-19 in Arizona to

<5% COVID-like illness

provide information about business operations

Moderate Transmission

and allowed occupancy.

10-99 cases per 100k, 5-10% positivity,
5-10% COVID-like illness

Time Frame

Substantial Transmission

This dashboard does not look at the past two

>=100 cases per 100k, >=10% positivity,

weeks due to potential lags in data.

>=10% COVID-like illness

Showing Data for All Counties
1) Cases per 100,000

3) Hospital visits for COVID-like
illnesses in the region: Substantial

2) Percent positivity: Substantial
20.6%

Individuals: Substantial

14.9%

July 12
15.8%

July 12
256/100k

July 19
12.5%
July 19
151/100k

July 12
11.3%
10%

July 19
7.9%

10%

100/100k
5%
5%
10/100k

4.9%
3.5%

8

 Responding to COVID-19 in Businesses
The importance of staying home when sick cannot be emphasized enough. Businesses should encourage all patrons and
staff to monitor for symptoms. Symptoms include:
• Sore throat

• Fatigue

• Subjective chills

• Congestion or
runny nose

• Muscle or body aches

• Cough

• Nausea or vomiting

• Shortness of breath or difficulty breathing

• Diarrhea

• New loss of taste or smell

• Fever (greater than or equal to
100.4° F or 38° C)

• Headache

Any person experiencing symptoms should remain home. Businesses should implement symptom screening or
temperature checks for employees prior to the start of their shift.

What to do When Someone On-Site has COVID-19 Symptoms
Business should set a low threshold for sending patrons or staff members home if illness is suspected. Any of the
symptoms listed above that are not related to an already diagnosed condition or illness could be COVID-19. The patron
or staff member should not physically present to the business until clearance from isolation criteria have been met or
an alternative diagnosis is made. It is important to note that release from isolation DOES NOT require a provider’s note
and DOES NOT require repeat testing or a negative test.
As with other infectious diseases, if a patron or staff member develops any symptoms while on-site, they should be
immediately removed from any group setting and vacate the establishment. Call 9-1-1 if the individual is exhibiting any
serious symptoms, including difficulty getting enough air, change in alertness or responsiveness, bluish lips or face.
All household members of someone confirmed or suspected to have COVID-19 should quarantine at home for 14 days.
9

 Requirements for Operations
In order to continue to prevent and control the continued spread of COVID-19, which still poses a serious
threat to public health and welfare, ADHS prescribed emergency measures to establish the process for
phased reopening under conditions most likely to protect public health and welfare.
The following pages provide the requirements specific business types must follow when they reopen.
Businesses are required to submit an attestation form to ADHS in order to resume operations and must
adhere to the occupancy limits as directed by the benchmarks based on minimal, moderate, or substantial
spread.

 Requirements for Indoor Gyms and Fitness Centers
ADHS Requirements for Indoor Gyms and Fitness Centers

Indoor Gyms and Fitness Centers

Occupancy

Hand
Hygiene &
Respiratory
Etiquette

Enhanced
Cleaning

Proper
Ventilation

Symptom
Screening

Physical
Distancing
(6 feet)

Masks

Communal
Spaces
Closed

Minimal

50% until
< 3%
positivity.

x

x

x

x

x

x

x

Moderate

25%

x

x

x

x

x

x

x

Substantial

Closed

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Community
Spread Level

11

 Requirements for Bars and Nightclubs Providing
Dine-In Services
ADHS Requirements for Bars and Nightclubs Providing Dine-In Services
Bars and Nightclubs Providing Dine-In Services
Community
Spread
Level

Minimal

Occupancy

50% occupancy,
only if converted to
restaurant service until
< 3% positivity.

Hand
Hygiene &
Respiratory
Etiquette

Enhanced
Cleaning

Proper
Ventilation

Prohibit
open
seating

Symptom
Screening

Physical
Distancing
(6 feet)

Masks

Communal
Spaces
Closed

x

x

x

x

x

x

x

x

Once < 3% positivity,
50% occupancy
operating as a bar.

Moderate

50% only if converted
to restaurant service.

x

x

x

x

x

x

x

x

Substantial

Closed

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

12

 Requirements for Bars and Nightclubs Not Operating as
a Restaurant

ADHS Requirements for Bars and Nightclubs Not Operating as a Restaurant
Bars and Nightclubs Not Operating as a Restaurant
Community
Spread
Level

Occupancy

Hand
Hygiene &
Respiratory
Etiquette

Enhanced
Cleaning

Proper
Ventilation

Prohibit
open
seating

Symptom
Screening
for Staff

Physical
Distancing
(6 feet)

Cloth Face
Coverings

Cohorting

Communal
Spaces
Closed

x

x

x

x

x

x

x

x

x

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Closed
until <3%
positivity.
Minimal

Once 3%
positivity,
50%
occupancy.

Moderate

Closed

N/A

N/A

Substantial

Closed

N/A

N/A

N/A

N/A

13

 Requirements for Indoor Theaters
ADHS Requirements for Indoor Theaters

Indoor Theaters

Occupancy

Hand
Hygiene &
Respiratory
Etiquette

Enhanced
Cleaning

Proper
Ventilation

Symptom
Screening
for Staff

Physical
Distancing
(6 feet)

Masks

Concession
Area
Policies

Child Care
Policies

Minimal

50% until
< 3% positivity

x

x

x

x

x

x

x

x

Moderate

50%

x

x

x

x

x

x

x

x

Substantial

Closed

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Community
Spread
Level

14

 Requirements for Water Parks and Tubing Operators
ADHS Requirements for Water Parks and Tubing Operators

Water Parks and Tubing Operators
Community
Spread
Level

Occupancy

Hand
Hygiene &
Respiratory
Etiquette

Enhanced
Cleaning

Proper
Ventilation
(buildings
and buses)

Symptom
Screening
for staff

Physical
Distancing
(6 feet)

Masks

Communal
Spaces
Restricted

Towel
Policies

Transportation
Policies

Minimal

50% until
< 3% positivity

x

x

x

x

x

x

x

x

x

Moderate

50%

x

x

x

x

x

x

x

x

x

Substantial

Closed

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

15

 Supplemental Materials
How to Wear a Mask
How to Wash Your Hands
Symptoms of COVID-19
Sample Visitor Screening Protocol
COVID-19 Risk Gradient
Attestation for Resuming Operations
Flowchart of Attestation Process

 How to Wear a Mask
Who should wear a mask?

Everyone over the age of 2 should wear a mask in public. It is one of the best tools you have to protect
yourself, your family, and others from COVID-19.

DO’S
Wash or sanitize your
hands before and
after touching your
mask.

Wear the mask snugly
but comfortably over
your nose and mouth.
If it hurts your ears, try
one that ties behind your
head instead of looping
over your ears.

Keep it on over your
mouth and nose when
speaking with others or
when on the phone.

DON’TS

REMOVING AND STORING A MASK

Don’t let the mask
sit under your nose.
If it gapes open, it’s
not doing its job.

1. Make sure you are more than
6 feet from others and then
remove the mask by touching
the ear loops or ties only.
Don’t touch your
mask when wearing
it.

Don’t adjust your
mask too much, and
refrain from pulling
on or touching the
front of your mask.

2. Place your mask in a clean
paper bag, container, or on a
designated surface.

Wear the mask in public
until you need to eat or
drink, then make sure
to keep it clean and
uncontaminated.

3. Wash your mask after each
day’s use and store it in a
clean bag or container.

17

 How Nurses and Doctors
Wash Their Hands

1. Wet & Soap

2. Palms

6. Fingernails

3. Between Fingers

7. Wrists

4. Back of Fingers

8. Rinse & Dry

5. Thumbs

9. Use Towel to Turn Off
Faucet & Open Door

Information + Updates: azhealth.gov/COVID-19
For questions call the Arizona Poison Control System at 1-844-542-8201

18

 Symptoms of Coronavirus (COVID-19)
Know the symptoms of COVID-19, which can include the following:

Cough, shortness of breath
or difficulty breathing

Fever or chills

Muscle or body aches

Symptoms can range from mild to severe illness,
and appear 2-14 days after you are exposed to
the virus that causes COVID-19.
Seek medical care immediately if someone has
emergency warning signs of COVID-19.
• Trouble breathing
•  Persistent pain or
pressure in the chest

•  Inability to wake
or stay awake
• Bluish lips or face

• New confusion

Vomiting or diarrhea

New loss of taste or smell

This list is not all possible symptoms. Please call your healthcare
provider for any other symptoms that are severe or concerning to you.

azhealth.gov/COVID-19
19

  

Who To Screen? 
Anyone who is coming into the facility including: 

 

● Staff 
● Essential outside contractors 
● Visitors (restricted to compassionate care only) 

What To Do? 

Post signage that everyone entering the building is to be screened. Limit movement in the 
facility to those areas that are necessary for the purpose of the visit. Log all visitors. Designate 
a staff member who will screen for: 
● Symptoms consistent with COVID-19, including: 
○ Fever (>100.4 F) 
○ Cough (note: a cough is defined as new onset of cough within the previous 14 
days) 
○ Shortness of Breath  
● Contact with a COVID-19 patient within the previous 14 days 

All Visitors Should Be Educated On: 
●
●
●
●
●

Hand hygiene (have visitors demonstrate hand hygiene entry); 
Limit touching of surfaces; 
Limiting movement to area of business only; 
Limit physical contact, and clean hands before/after (hand sanitizer or washing hands); 
Contact the facility if they become ill with COVID within 14 days after visit. 

 
What Facilities Can Do To Help? 

While physical distancing is encouraged, social interactions are still encouraged, including 
virtual interactions. 
 

Think about designating a room close to the entrance for essential visits. This room would be 
disinfected after each meeting. 

 
What Can Families And Loved Ones Do? 

While physical distancing is promoted, phone calls and electronic visits are encouraged. Think 
about if your loved one may be able to stay with family during this time period.   
 

20

  

Example screening: 
 

Name of Visitor: __________________________________

Date of visit: ____________________ 

Who they are Visiting: _______________________________________________________________ 
 

 

Help us practice good infection prevention to keep residents, visitors and staff 
safe. During your visit you agree to:  
❏
❏
❏
❏
❏

❏

Stay in designated area for the duration of your visit 
Practice good hand hygiene  
Limit touching of surfaces to only what is necessary  
Limit physical contact and practice good hygiene before/after 
Reach out to a staff member if you have any questions or concerns 
Contact us at ____________________ if you are diagnosed with COVID-19 
within 14 days after your visit.  

21

 Always wear a mask
when in public

1

Opening the mail

1

Teleworking from your own home

2

Getting takeout from a restaurant

2

Pumping gasoline

2

Playing tennis

2

Going camping with your household or other
usual close contacts

3

Grocery shopping

3

Going for a walk, run, hike, or bike ride with your
household or other usual close contacts
Hanging out with your #quaranteam at their house

4

Staying at a hotel

4

Sitting in a doctor's waiting room

4

Going to a library or museum

4

Eating outside at a restaurant

4

Walking in a busy downtown

4

Spending time at a playground

5

Dinner party at someone's house with people
who are not your usual close contacts

5

Attending a backyard barbecue

5

Visiting a lake or tubing

5

Shopping at a mall

6

Sending kids to school, camp, or day care

6

Working in an office building

6

Swimming in a public pool

7

Going to a hair salon or barbershop

7

Eating inside a restaurant

7

Attending a wedding or funeral

7

Traveling by plane

7

Playing a close contact sport such as
basketball or football

8

Eating at a buffet

8

Working out at an indoor gym or fitness center

8

Going to an amusement park

8

Going to a casino

8

Going to a movie theater

9

Attending a large music concert

9

Going to a sports stadium

9

Attending events or services with 50+ people

9

Going to a bar

HIGH RISK

Playing golf

MODERATE-HIGH

3
4

MODERATE RISK

For more information,
visit: azhealth.gov/COVID19

Activity
On a scale of 1 to 10, how risky is...

MODERATE-LOW

Know Your Risk During
COVID-19

Risk
level

LOW RISK

COVID-19
RISK
INDEX

22

 Attestation for Resuming Operations

 

 

menus DEFARTHEHT
.l DFHEALTH SERVICES
Of?cial Reopening Attestation
for Indoor and Fitness
ClubsKCenters, Indeer Theaters,
Waters Parks and Tubing
Gperaters, and Bars

literati-m Dru-er D. cli-
F'eus 1; 5 ?win; the Epr-eu: EDIE 13



En .IJ 1e EEG-J Due): 3'a45. "lg

leep-r-?Iing. Eclwil'g the Epr-eu: 5" 13 

beg 'In el' lure 2E. .11 SCI-J . :Il 1:4:e-r 
ill'I-Li litre-M :r te1r-ers. tl'ea1e1. pa?e?. urn-z:
tL sing clperurtrs. e1: ll' 11e Etute eff-rse'liL were 'eeL 'ee 
pqu.e ep-era1 



Dn 33 EEG-J .ssL-e: ELI REE-J 53 1Le1ie-I' 
ExetatisI-e Dre-er EEG-J .13 Else: 1; He "El. 
ELI. Ell-3: '12 He same 1 ure "ir1eI.-s 
e-r :e'lters, ins-:Ie' theaters ware-?5. par-.s :In: ml: see-eters
ill'I-Li was rEl?liJil' 'l :luse ill'I-Li be res-iewen
-:Ir wIeelts.

En I'm-gust 3J3.) 1l1e -. l-lilriscrsu
SLse'ier Cese ?sun. rL '.l1a1 'Ine-ur
?tl'ess :r ce'lters st be pres-inlet ur 
:Ippyler rec::e1il'g I RJliI'g' I Gemr?nar E'us-ey are the 
Depa?l-Ie a?e?ninm 11ur 
Drum-I?m 1 the lulil'g .2: :e a: :lien t:-11e 
ssilters :il'lts a'In tL tlperuhrs .11:
bars.

En I'm-gust 2230 issJe-a E1'e'gersy Ell-2: .32

clwi'lg tl'e Ep'ea: [Us-'12 13: ?eclper 1; [Te-9e 
Mrs: sL'e 2230 Desert-es tl'e pans-est. arr,"
the pane: T?iiui??T?l'iL ED. ELIE-J
di- I1u_e e-r eur'Ie-rzee its :erI-Is 
reap-:I1. le-r res-:e1.

his law has il'.r .11:
f11esr. -:Ir ss..'.ers :e'ks are 
are iI' wir'l 

gL 1? tip-era1 nuns. Th fen-I will be
pL :lis1en website are shal be 1 em 3:

ble :us p'eT 

a gee-er'lne1re _Jris-:Ii:1-:II' sha 
ll'll'lEEI a1e age 1s'. e1_e 1eI.-s tl'e'. tlperares ssit'I-HL'.
:h "Hester-:1 past 19 it ll' a'I easily -.I sibe
pL in Ell:

:Ipp table 111" I27. Gainelil'es.

T-c: up1-:I e-I' T??'nil'g IE. energel'n: 5'
3 'il :Ine 1fc:rI-Iur-::1f-::r eases-11.1



23

Attestation Process Businesses Closed by EO2020-43
Step One: Complete Attestation
Businesses affected by EO2020-43 will go to the ADHS website to complete the attestation form which includes the following:
• Develop, establish and implement written policies based on guidance from the CDC, Department of Labor, Occupational Safety and
Health Administration (OSHA) and ADHS, which includes strictly adhering to the ADHS Requirements specific to your establishment to
limit and mitigate the spread of COVID-19
• Promote healthy hygiene practices
• Monitor for sickness
• Ensure physical distancing
• Allow for and encourage virtual visits and teleworking when feasible
• Provide plans to limit the capacity of the facility as directed by ADHS
• Limit the congregation of groups in the facility

Step Two:

Step Three:

Meet Community
Spread Specific
Metrics

Authorization

Substantial
Moderate
Minimum

ADHS evaluates whether
the business is located
in a county whose
community spread
metrics meet reopening

Outcome
If they do not meet
the community spread
metrics, they must stay
CLOSED
CLOSED
If they meet the
community spread
metrics, they OPEN

OPEN

(If necessary)

May request an informal
settlement conference
with ADHS within ADHS

Informal settlement
conference held
with ADHS within
approximately 15
calendar days of
request on whether the
business can open

Post attestation in a
conspicuous location

Step Six:

(If necessary)

(If necessary)

If unsatisfied with the ruling, may
appeal to the Superior Court

If unsatisfied with denial, may
appeal as final agency action to
the Office of Administration
Hearings pursuant to the
Administrative Procedures Act but
must stay CLOSED

DENIAL

APPROVE

Step Seven:

Step Five:

Step Four:

(If necessary)

Post attestation in a
conspicuous location

24

 t" 5; Requirements for Restaurants and
Bars Providing Dine-In Services

August 10, 2020

IARIZONA DEPARTMENT
IUF HEALTH SERVICES

 

Benchmarks
There are two key components to resuming business operations. First is the quality of the establishment’s
implementation of COVID-19 mitigation strategies. This plan outlines mitigation strategies tailored for specific types of
business operations. Business must attest to their implementation of these strategies prior to operating. The second
is the level of spread occurring in the community. The Centers for Disease Control and Prevention (CDC) defines
community spread as follows:
Minimal Community Spread: Evidence of isolated cases or limited community transmission, case
investigations underway; no evidence of exposure in large communal setting.
Moderate Community Spread: Sustained transmission with high likelihood or confirmed exposure within
communal settings and potential for rapid increase in cases.
Substantial Community Spread: Large scale, controlled community transmission, including communal
settings (e.g., schools, workplaces).
ADHS further defines community spread levels with the thresholds outlined below. These thresholds are consistent
with the national standards set by the Coronavirus Task Force.
Benchmarks

Minimal

Moderate

Substantial

Cases

<10 cases/100,000

10-100 cases/100,000

>100 cases/100,000

Percent Positivity

<5%

5-10%

≥10%

Covid Like Illness

<5%

5-10%

>10%

8.10.2020   Requirement for Bars and Nightclubs Providing Dine-In Services

2

 Understanding the Benchmarks
Cases
Benchmark: Two weeks below 100 cases
per 100,000

Percent Positivity
Benchmark: Two weeks with percent
positivity below 10%

COVID-like Illness
Benchmark: Two weeks with hospital visits
due to COVID-like illness below 10%

Data Source: ADHS MEDSIS Confirmed
and Probable Cases
Available by: County
Data Source: ADHS Electronic Laboratory
Data

Data Source: BioSense Syndromic
Surveillance Platform

Available by: County

Available by: BioSense Region
•  Northern: Apache, Coconino, Navajo,  
  Yavapai Counties
•  Central: Gila, Maricopa, Pinal    
 Counties
•  Southeastern: Cochise, Graham,   
  Greenlee, Pima, Santa Cruz Counties
•  Western: La Paz, Mohave, Yuma   
 Counties

8.10.2020   Requirement for Bars and Nightclubs Providing Dine-In Services

3

 Requirements for Bars and Nightclubs Providing
Dine-In Services
ADHS Requirements for Bars and Nightclubs Providing Dine-In Services
Bars and Nightclubs Providing Dine-In Services
Community
Spread
Level

Minimal

Occupancy

50% occupancy,
only if converted to
restaurant service until
< 3% positivity.

Hand
Hygiene &
Respiratory
Etiquette

Enhanced
Cleaning

Proper
Ventilation

Prohibit
open
seating

Symptom
Screening

Physical
Distancing
(6 feet)

Masks

Communal
Spaces
Closed

x

x

x

x

x

x

x

x

Once < 3% positivity,
50% occupancy
operating as a bar.

Moderate

50% only if converted
to restaurant service.

x

x

x

x

x

x

x

x

Substantial

Closed

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

8.10.2020   Requirement for Bars and Nightclubs Providing Dine-In Services

4

 Per the Centers for Disease Control and Prevention (CDC) guidance, under all circumstances, the following
precautions must be taken by people visiting restaurants and bars providing dine-in services:

Stay home if you are sick.

Protect yourself while visiting restaurants and bars providing dine-in services:
•  Arizonans are safer at home and should evaluate their personal risk of visiting a restaurant or bar
providing dine-in services based on the Arizona COVID-19 Risk Index.
•  Avoid close contact and stay more than 6 feet away from others.
•  You are required to wear a mask while at the establishment at all times, except while actively eating or
drinking.
  

- Masks should not be placed on children less than 2 years of age, anyone who has trouble   

  

breathing, or is unconscious, incapacitated or otherwise unable to remove the cover

  

without assistance.

•  Wash your hands often, especially after leaving the establishment, with soap and water for at least 20
seconds. If soap and water are not available, use an alcohol-based hand sanitizer that contains at least
60% alcohol.
•  Avoid touching your eyes, nose, and mouth with unwashed hands.
•  Cover your cough or sneeze with a tissue or your sleeve (not your hands) and immediately throw the
tissue in the trash.
•  If possible, use touchless payment methods. If you must handle money, a card, or use a keypad, use hand
sanitizer or wash your hands immediately after.
•  If you are at higher risk for severe illness, you should avoid visiting restaurants and bars providing dinein services. People at higher risk for severe illness include adults 65 or older and people of any age who
have serious underlying medical conditions.
8.10.2020   Requirement for Bars and Nightclubs Providing Dine-In Services

5

 The Arizona Department of Health Services requires the following additional steps
be taken by restaurants and bars providing dine-in services and providers shall take
measures to ensure that employees and guests follow these guidelines:
Comply with all local, state, and federal laws pertaining to restaurants and bars, including the food code.
Implement occupancy limitations as required based on the community transmission category within the county your
establishment operates.
•  Substantial: closed unless special dispensation received from ADHS
•  Moderate: Operate at 50% occupancy, only if converted to restaurant service
•  Minimal:
 

- Operate at 50% occupancy, only if converted to restaurant service until 3% positivity

 

- Once <3% positivity, bars may resume operation at 50% occupancy, following the ADHS Requirements for  

 

Bars and Nightclubs Not Operating as a Restaurant

8.10.2020   Requirement for Bars and Nightclubs Providing Dine-In Services

6

 Enforce physical distancing of more than 6 feet between customers who do not live in the same household.
•  Maintain physical distancing by ensuring more than 6 feet of separation between parties or groups at
different tables, booths or bar tops, unless the tables are separated by glass, plexiglass or some other
type of divider.
•  Limit parties to no more than 10.
 

- Clearly mark tables and chairs that are not in use.

•  Prohibit open seating (defined as a customer choosing their own seat or having the ability to move seats).
 

- Customers should be brought to a designated seating area (including bar top seating) by a staff

 

member.

 

- Patrons should stay seated throughout the duration of their visit, except to visit the bathroom, and

 

may not be standing, mingling, or dancing.

•  Maintain clearly marked 6-foot spacing marks and/or signage along entrances, waiting areas, hallways,
patios, and restrooms and any other location within an establishment where queues may form or patrons
may congregate.
 

- Assign an employee to monitor and enforce physical distancing in any locations where queues may  

 

 

form or patrons may congregate, if feasible.

•  Customer Waiting Areas – Areas used by customers waiting for their seats should be limited to ensure
10sq ft exists for each person waiting. Additional customers should be instructed to wait outside or in
their cars until their seats are ready. Customers waiting for a table must be wearing masks (unless they
have a qualified medical exemption or are under two years of age).
Enforce the use of masks for both employees and customers, even if not mandated by the local or county
government.

8.10.2020   Requirement for Bars and Nightclubs Providing Dine-In Services

7

 Prohibit the following activities:
•  Dancing – Dancing is temporarily prohibited and anyone with a dance floor or dance space must close
that section to the public or repurpose it for seating to allow for greater social distancing.
•  Parlor games – Parlor games (such as pool, darts, or other games commonly associated with eating and
drinking establishments) shall temporarily be closed.
•  Karaoke – Karaoke or other live performances in which customers are active participants shall be
temporarily halted.
Continue to provide options for delivery, pick-up, or curbside service even if a location offers dine-in.
Follow CDC reopening guidance for facilities that have been shut down, including taking measures to ensure potable
water safety.
Enforce healthy hygiene practices for both employees and customers:
•  Enforce handwashing, covering coughs and sneezes.
•  Ensure adequate supplies to support healthy hygiene practices for both employees and customers
including soap, hand sanitizer with at least 60 percent alcohol (perhaps on every table and counter, if
supplies allow), and tissues.
•  Ensure hand sanitizer is available at or adjacent to entrances to the facility, restrooms and in employee
work areas, or soap and running water readily accessible to staff and customers at marked locations.
Post physical and/or electronic signage at the entrance of public health advisories prohibiting individuals who are
symptomatic from entering the premises.
Post signs on how to stop the spread of COVID-19, properly wash hands, promote everyday protective measures,
and properly wear a mask.

8.10.2020   Requirement for Bars and Nightclubs Providing Dine-In Services

8

 Increase ventilation, if possible, and ensure that ventilation systems of indoor spaces operate properly.
•  Increase the circulation of outdoor air as much as possible by opening windows and doors, using fans, or
other methods.
Intensify cleaning, disinfection, and ventilation practices.
•  Wash, rinse, and sanitize food contact surfaces, food preparation surfaces, and beverage equipment after
use.
Implement comprehensive sanitation protocols, including increased sanitation schedules for bathrooms.
Sanitize customer areas after each sitting with EPA-registered disinfectant, including but not limited to:
•  Tables
•  Bar tops and counters
•  Tablecloths
•  Chairs/booth seats
•  Any other surface or item a customer or staff is likely to have touched
Eliminate instances where customers serve their own food, including salad bars and buffets.
Avoid using or sharing items such as menus, condiments, and any other food. Instead, use disposable or digital
menus, single-serving condiments, and no-touch trash cans and doors.
Wipe any touchpads between each use.
Wipe any pens, counters, or hard surfaces between use or customer.

8.10.2020   Requirement for Bars and Nightclubs Providing Dine-In Services

9

 The Arizona Department of Health Services requires, under all circumstances,
the following additional steps be taken for staff:
Require sick employees to stay home and not return to work until they have met criteria to return to work.
•  Employees who appear to have symptoms or who become ill while at work should immediately be
separated from others and sent home.
•  Document and communicate sick leave policies to employees and staff.
Implement flexible sick leave policies that permit adherence to public health isolation and quarantine guidance.
Masks and frequent handwashing are required for all employees.
•  Develop standards for the use of masks by employees at all times.
•  Develop and enforce handwashing policy for servers as it exists in the Food Code.
Implement symptom screening for employees prior to the start of their shift.
•  Conduct wellness/symptom checks, including temperature checks for all personnel, at the door and
before the opening of the establishment.
Assign duties to vulnerable workers that minimize their contact with customers and other employees.
Train all employees on appropriate cleaning and disinfection, hand hygiene, and respiratory etiquette.
Ensure that all employees are notified of new facility rules and any changes in rules.
Ensure that employees maintain more than 6 feet of separation from other individuals, when possible.
Provide appropriate personal protective equipment (PPE) for employees in accordance with public health
recommendations.
8.10.2020   Requirement for Bars and Nightclubs Providing Dine-In Services

10

 Provide adequate supplies in employee workspaces to support healthy hygiene behaviors, including soap, hand
sanitizer with at least 60% alcohol, disinfecting wipes, tissues, and no-touch trash cans.
Train all employees in the above safety actions.
See Department of Labor and Occupational Safety and Health Administration (OSHA) COVID-19 guidance for
employers and workers.

The list of EPA-approved disinfectant products for emerging viral pathogens expected to be effective against COVID-19
can be accessed here.

8.10.2020   Requirement for Bars and Nightclubs Providing Dine-In Services

11

 For additional guidance on cleaning, visit CDC’s Cleaning and Disinfecting
Your Facility page and CDC’s Reopening Guidance for Cleaning and
Disinfecting Public Spaces, Workplaces, Businesses, Schools, and Homes.

For COVID-19 questions, please call the Arizona COVID-19
Hotline at: 1-844-542-8201
Businesses impacted by E.O. 2020-43 and 2020-52 are required to complete an attestation prior to resuming
operations. Approval for resuming operations is dependent upon community transmission within the county the
establishment is physically located and the establishment’s implementation of ADHS required mitigation steps.
Further information can be found in the ADHS COVID-19 Guidance for Businesses.
Any business affected by these provisions may request an informal settlement conference to dispute their
categorization on reopening. A denial after an informal settlement conference becomes a final agency action
that is appealable to the Office of Administrative Hearings.
For more information on Arizona’s response to COVID-19, please visit: azhealth.gov/COVID19.

8.10.2020   Requirement for Bars and Nightclubs Providing Dine-In Services

12

 Requirements for Bars and Nightclubs
Not Operating as a Restaurant
August 10, 2020

Bars with a Series 6 or 7 Liquor License were closed under EO2020-43 which was continued by EO2020-52. However, these guidelines apply
to all liquor licensees that operate with any of the elements listed in A.A.C. R19-1-206(C), no matter what series of license is held.
8.10.2020   Requirement for Bars and Nightclubs Not Operating as a Restaurant

1

 Benchmarks
There are two key components to resuming business operations. First is the quality of the establishment’s
implementation of COVID-19 mitigation strategies. This plan outlines mitigation strategies tailored for specific types of
business operations. Business must attest to their implementation of these strategies prior to operating. The second
is the level of spread occurring in the community. The Centers for Disease Control and Prevention (CDC) defines
community spread as follows:
Minimal Community Spread: Evidence of isolated cases or limited community transmission, case
investigations underway; no evidence of exposure in large communal setting.
Moderate Community Spread: Sustained transmission with high likelihood or confirmed exposure within
communal settings and potential for rapid increase in cases.
Substantial Community Spread: Large scale, controlled community transmission, including communal
settings (e.g., schools, workplaces).
ADHS further defines community spread levels with the thresholds outlined below. These thresholds are consistent
with the national standards set by the Coronavirus Task Force.
Benchmarks

Minimal

Moderate

Substantial

Cases

<10 cases/100,000

10-100 cases/100,000

>100 cases/100,000

Percent Positivity

<5%

5-10%

≥10%

Covid Like Illness

<5%

5-10%

>10%

8.10.2020   Requirement for Bars and Nightclubs Not Operating as a Restaurant

2

 Understanding the Benchmarks
Cases
Benchmark: Two weeks below 100 cases
per 100,000

Percent Positivity
Benchmark: Two weeks with percent
positivity below 10%

COVID-like Illness
Benchmark: Two weeks with hospital visits
due to COVID-like illness below 10%

Data Source: ADHS MEDSIS Confirmed
and Probable Cases
Available by: County
Data Source: ADHS Electronic Laboratory
Data

Data Source: BioSense Syndromic
Surveillance Platform

Available by: County

Available by: BioSense Region
•  Northern: Apache, Coconino, Navajo,  
  Yavapai Counties
•  Central: Gila, Maricopa, Pinal    
 Counties
•  Southeastern: Cochise, Graham,   
  Greenlee, Pima, Santa Cruz Counties
•  Western: La Paz, Mohave, Yuma   
 Counties

8.10.2020   Requirement for Bars and Nightclubs Not Operating as a Restaurant

3

 Requirements for Bars and Nightclubs Not Operating as
a Restaurant

ADHS Requirements for Bars and Nightclubs Not Operating as a Restaurant
Bars and Nightclubs Not Operating as a Restaurant
Community
Spread
Level

Occupancy

Hand
Hygiene &
Respiratory
Etiquette

Enhanced
Cleaning

Proper
Ventilation

Prohibit
open
seating

Symptom
Screening
for Staff

Physical
Distancing
(6 feet)

Cloth Face
Coverings

Cohorting

Communal
Spaces
Closed

x

x

x

x

x

x

x

x

x

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Closed
until <3%
positivity.
Minimal

Once 3%
positivity,
50%
occupancy.

Moderate

Closed

N/A

N/A

Substantial

Closed

N/A

N/A

N/A

N/A

8.10.2020   Requirement for Bars and Nightclubs Not Operating as a Restaurant

4

 Per the Centers for Disease Control and Prevention (CDC) and Arizona Department of Health Services (ADHS)
guidance, under all circumstances, the following precautions must be taken by people visiting bars:

Stay home if you are sick.

Protect yourself while visiting bars and nightclubs:
•  Arizonans are safer at home and should evaluate their personal risk of visiting a bar or nightclub based
on the Arizona COVID-19 Risk Index.
•  Avoid close contact and stay more than 6 feet away from others.
•  You are required to wear a mask while at the establishment at all times, except while actively eating or
drinking.
  

- Masks should not be placed on children less than 2 years of age, anyone who has trouble   

  

breathing, or is unconscious, incapacitated or otherwise unable to remove the cover

  

without assistance.

•  Wash your hands often, especially after leaving the bar, with soap and water for at least 20 seconds. If
soap and water are not available, use an alcohol-based hand sanitizer that contains at least 60% alcohol.
•  Avoid touching your eyes, nose, and mouth with unwashed hands.
•  Cover your cough or sneeze with a tissue or your sleeve (not your hands) and immediately throw the
tissue in the trash.
•  If possible, use touchless payment methods. If you must handle money, a card, or use a keypad, use hand
sanitizer or wash your hands immediately after.
•  If you are at higher risk for severe illness, you should avoid visiting bars. People at higher risk for severe
illness include adults 65 or older and people of any age who have serious underlying medical conditions.

8.10.2020   Requirement for Bars and Nightclubs Not Operating as a Restaurant

5

 The Arizona Department of Health Services requires the following additional steps
be taken by bar operators and providers shall take measures to ensure that employees
and guests follow these guidelines:

Implement occupancy limitations as required based on the community transmission category within the county your
establishment operates.
•  Substantial: closed unless special dispensation received from ADHS
•  Moderate: closed unless special dispensation received from ADHS
 

- If converted to restaurant with a county issued food establishment permit, bars can operate at 50%

 

occupancy with ADHS mitigation requirements

  

> Please refer to the “Restaurants and Bars Providing Dine-In Services” Requirements

•  Minimal:
 

- Closed until 3% positivity.

 

- Once 3% positivity, operate at 50% occupancy with ADHS mitigation requirements.

 

- If converted to restaurant with a county issued food establishment permit, bars can operate at 50%   
occupancy with ADHS mitigation requirements

  

> Please refer to the “Restaurants and Bars Providing Dine-In Services” Requirements

•  Establishments that convert to restaurant service must also adhere to the ADHS Requirements for
Restaurants and Bars Providing Dine-In Services
Enforce physical distancing of more than 6 feet between customers who do not live in the same household.
•  Maintain physical distancing by ensuring more than 6 feet of separation between parties or groups at
different tables, booths, bar tops or counter seating, unless the tables are separated by glass, plexiglass or
some other type of divider.
•  Limit parties to no more than 10.
 

- Clearly mark tables and chairs that are not in use.

•  Prohibit open seating (defined as a customer choosing their own seat or having the ability to move seats).
 

- Customers should be brought to a designated seating area (including bar top seating) by a staff member.

  for Bars and Nightclubs Not Operating as a Restaurant
8.10.2020   Requirement

6

  
 

- Patrons should stay seated throughout the duration of their visit, except to visit the bathroom, and
may not be standing, mingling, or dancing.

•  Maintain clearly marked 6-foot spacing marks and/or signage along entrances, waiting areas, hallways,
patios, and restrooms and any other location within a bar where queues may form or patrons may
congregate.
•  Assign an employee to monitor and enforce physical distancing in any locations where queues may form
or patrons may congregate, if feasible.
•  Bars with outdoor dining areas shall ensure more than 6 feet of physical distance between tables,
benches or other areas for patrons to sit while dining or waiting to be seated.
•  Eliminate any indoor standing room where patrons can congregate.
•  Close communal spaces and common areas where people are likely to congregate and interact.
 
 

- If unable to close the area, restrict access and have employees staff the area to enforce physical
distancing.

•  Customer Waiting Areas – Areas used by customers waiting for their seats should be limited to ensure
10sq ft exists for each person waiting. Additional customers should be instructed to wait outside or in
their cars until their seats are ready. Customers waiting for a table must be wearing masks (unless they
have a qualified medical exemption or are under two years of age).
Enforce the use of masks for both employees and customers.
Prohibit the following activities:
•  Dancing – Dancing is temporarily prohibited and anyone with a dance floor or dance space must close
that section to the public or repurpose it for seating to allow for greater social distancing.
•  Parlor games – Parlor games (such as pool, darts, or other games commonly associated with eating and
drinking establishments) shall temporarily be closed.
•  Karaoke – Karaoke or other live performances in which customers are active participants shall be
temporarily halted.

8.10.2020   Requirement for Bars and Nightclubs Not Operating as a Restaurant

7

 Continue to provide options for delivery, pick-up, or curbside service even if a location offers dine-in.
Follow CDC reopening guidance for facilities that have been shut down, including taking measures to ensure potable
water safety.
Enforce healthy hygiene practices for both employees and customers:
•  Enforce handwashing, covering coughs and sneezes.
•  Ensure adequate supplies to support healthy hygiene practices for both employees and customers
including soap, hand sanitizer with at least 60 percent alcohol (perhaps on every table and counter, if
supplies allow), and tissues.
•  Ensure hand sanitizer is available at or adjacent to entrances to the facility, restrooms and in employee
work areas, or soap and running water readily accessible to staff and customers at marked locations.
Post physical and/or electronic signage at the bar entrance of public health advisories prohibiting individuals who
are symptomatic from entering the premises.
Post signs on how to stop the spread of COVID-19, properly wash hands, promote everyday protective measures, and
properly wear a mask.
Ensure that ventilation systems of indoor spaces operate properly.
•  Increase the circulation of outdoor air as much as possible by opening windows and doors, using fans, or
other methods.
Intensify cleaning, disinfection, and ventilation practices.
•  Wash, rinse, and sanitize food contact surfaces, food preparation surfaces, and beverage equipment after
use.

8.10.2020   Requirement for Bars and Nightclubs Not Operating as a Restaurant

8

 Implement comprehensive sanitation protocols, including increased sanitation schedules for bathrooms.
Sanitize customer areas after each sitting with EPA-registered disinfectant, including but not limited to:
•  Tables
•  Bar tops and counters
•  Tablecloths
•  Chairs/booth seats
•  Any other surface or item a customer or staff is likely to have touched
Eliminate instances where customers could share food, such as bowls of food items (nuts, chips, etc).
Avoid using or sharing items such as menus, condiments, and any other food. Instead, use disposable or digital
menus, single-serving condiments, and no-touch trash cans and doors.
Wipe any touchpads between each use.
Wipe any pens, counters, or hard surfaces between use or customer.

8.10.2020   Requirement for Bars and Nightclubs Not Operating as a Restaurant

9

 The Arizona Department of Health Services requires, under all circumstances,
the following additional steps be taken for staff:
Require sick employees to stay home and not return to work until they have met criteria to return to work.
•  Employees who appear to have symptoms or who become ill while at work should immediately be
separated from others and sent home.
•  Document and communicate sick leave policies to employees and staff.
Implement flexible sick leave policies that permit adherence to public health isolation and quarantine guidance.
Masks and frequent handwashing are required for all employees.
•  Develop standards for the use of masks by employees at all times.
•  Develop and enforce handwashing policy for servers as it exists in the Food Code.
Implement symptom screening for employees prior to the start of their shift.
•  Conduct wellness/symptom checks, which may inlcude temperature checks for all bar personnel, prior to
the start of their shift.
Assign duties to vulnerable workers that minimize their contact with customers and other employees.
Train all employees on appropriate cleaning and disinfection, hand hygiene, and respiratory etiquette.
Ensure that all employees are notified of new facility rules and any changes in rules.
Ensure that employees maintain more than 6 feet of separation from other individuals, when possible.
Provide appropriate personal protective equipment (PPE) for employees in accordance with public health
recommendations.
8.10.2020   Requirement for Bars and Nightclubs Not Operating as a Restaurant

10

 Provide adequate supplies in employee workspaces to support healthy hygiene behaviors, including soap, hand
sanitizer with at least 60% alcohol, disinfecting wipes, tissues, and no-touch trash cans.
Train all employees in the above safety actions.
See Department of Labor and Occupational Safety and Health Administration (OSHA) COVID-19 guidance for
employers and workers.

The list of EPA-approved disinfectant products for emerging viral pathogens expected to be effective against COVID-19
can be accessed here.

8.10.2020   Requirement for Bars and Nightclubs Not Operating as a Restaurant

11

 For additional guidance on cleaning, visit CDC’s Cleaning and Disinfecting
Your Facility page and CDC’s Reopening Guidance for Cleaning and
Disinfecting Public Spaces, Workplaces, Businesses, Schools, and Homes.

For COVID-19 questions, please call the Arizona COVID-19
Hotline at: 1-844-542-8201
Businesses impacted by E.O. 2020-43 and 2020-52 are required to complete an attestation prior to resuming
operations. Approval for resuming operations is dependent upon community transmission within the county the
establishment is physically located and the establishment’s implementation of ADHS required mitigation steps.
Further information can be found in the ADHS COVID-19 Guidance for Businesses.
Any business affected by these provisions may request an informal settlement conference to dispute their
categorization on reopening. A denial after an informal settlement conference becomes a final agency action
that is appealable to the Office of Administrative Hearings.
For more information on Arizona’s response to COVID-19, please visit: azhealth.gov/COVID19.

8.10.2020   Requirement for Bars and Nightclubs Not Operating as a Restaurant

12

 Exhibit 

8/23/2020 Application for Approval to Reopen Arizona Department of Health Services

 

ARIZONA DEPARTMENT

.l OF HEALTH SERVICES
Application for Approval to
Reopen for Indoor and
Fitness Clubs/Centers, Indoor
Theaters, Waters Parks and
Tubing Operators, and Bars

On June 29, 2020 Governor Ducey issued Executive Order 2020-
43, Pausing Arizona's Reopening, Slowing the Spread of 
Pursuant to EC. 2020-43, beginning on Monday, June 29, at 8:00 P.M.,
all indoor and fitness clubs or centers, indoor movie theaters,
waters parks and tubing operators, and bars in the State of Arizona,
were required to pause operations close), and remain closed until at
least July 27, 2020.

On July 23, 2020 Governor Ducey issued E.O. 2020?52, Continuation of
Executive Order 2020-43, Slowing the Spread of Pursuant to
EC. 2020-52, the pause in operations for indoor and fitness clubs
or centers, indoor movie theaters, waters parks and tubing operators,
and bars required under E.O. 2020?43, was ordered to to be extended,
remain in place, and continue to be reviewed for repeal or revision
every two weeks.

On August 4, 2020, the Honorable Timothy J. Thomason, in Maricopa
County Superior Court Case No. CV2020-093916, ruled that indoor
and fitness clubs or centers must be provided an opportunity to
apply for reopening ("Ruling"). Governor Ducey and the Arizona
Department of Health Services have determined that the
process ordered in the Ruling also should be applied to the paused
operations of indoor theaters, waters parks and tubing operators, and
bars.

On August 10, 2020 ADHS issued Emergmy Measure 2020-02
Slowing the Spread of Phased Reopening. Emergency
Measure 2020-02 establishes and describes the process whereby any
business subject to the paused operations requirements of EC. 2020-
43, as extended by ED. 2020-52, may reopen or, if not authorized by its
terms to automatically reopen, to apply to ADHS for express approval
to reopen.

 

 

If a closed business is located in a county that does not meet the
community transmission metrics in the Moderate or Minimal category
the county transmission category is Substantial), the business must
remain closed.

A business that must remain closed may apply to ADHS for approval to
reopen if it can prove that it has taken or will take extra steps, beyond
those required in the Guidelines and Benchmarks for counties whose
community transmission metrics has taken and will take such additional
actions as necessary to operate safely. Any business filing such an
application shall remain closed unless or until it expressly granted
approval to reopen.

1/5

8/23/2020 Application for Approval to Reopen Arizona Department of Health Services

This form is intended to allow a business that must remain closed to
apply to ADHS for approval to reopen. Upon your submission of this
Application, ADHS will review and issue you an approval or denial. A
business whose Application for approval to reopen is denied may
request an Informal Settlement Conference with ADHS. If required to
remain closed after an Informal Settlement Conference, the business
has the right to request a hearing before the Arizona Office of
Administrative Hearings and to have an Administrative Law Judge
review the continuing closure.

Notwithstanding any other law or E.O., in order to ensure coordination
between the State and local authorities related to Emergency Measure
2020?02, law enforcement, any regulatory agency, pursuant to their
regulatory authority, ADHS and local health departments may take
immediate action against any entity that operates in violation of
Emergency Measure 2020?02.

To review up?to?date information regarding emergency response
to and information for businesses, please visit


Type of Establishment 

County in which the establishment is physically located 

I hereby attest, by submitting this form, that the business entity listed
below is acknowledging its understanding that it shall comply with the
requirements of Emergency Measure 2020?02 and applicable ADHS
Requirements and any other requirements or guidelines incorporated
therein, including that the entity has or will: 

Develop, establish and implement written policies based on

guidance from the CDC, Department of Labor, Occupational
Safety and Health Administration (OSHA) and ADHS
Requirements applicable to such business.

Limit the capacity of the business premises based on
community transmission as directed by ADHS in the COVID-

 



19 Guidance for Businesses. This may include reducing
occupancy or closing in the event of increased community
spread.

Promote healthy hygiene practices.

Intensify and modify, as necessary, cleaning and disinfection
practices and ventilation.

Monitor all persons in the business premises for sickness.
Ensure physical distancing.

Provide necessary protective equipment to all persons in the



2/5

8/23/2020 Application for Approval to Reopen Arizona Department of Health Services

business premises.

Allow for and encourage virtual visits and teleworking when



feasible.



Limit the congregation of groups in the facility.

Please provide additional information about the steps your
establishment has taken or will take beyond those required in the ADHS
Guidelines and Benchmarks for counties whose community
transmission metrics are in the Moderate category to operate safely.
Please see option below if you would like to submit a PDF to support
your plan.

Please upload 1 PDF file you wish to submit. Name your file by your

business name and zip code.
Example of file Name: Ex: Arizona Department of Health 85007.PDF

Choose File No file chosen

Attestation

By electronically submitting this form, the submitter is attesting under
penalty of perjury that the foregoing is true and correct to the best of
their knowledge, information, and belief, that they have authority to act
on the behalf of the business and that the business, in all of its
locations, agrees to be bound by this attestation.

By submitting this application, the business is agreeing to meet the
guidance in the ADHS Guidance for Businesses as may be
updated or modified from time-to-time. Direct links to the
requirements for each type of business are at the bottom of this
Application form.

 

ADHS will publish changes in the Requirements not less than 48 hours
before they become effective. Changes imposing additional
requirements will be communicated to each business that has filed an
attestation at the email address used to submit the attestation.

The business submitting this application agrees that ADHS or the
county health department shall not be required to give prior notice of
any inspection intended to determine compliance with this Application
or the Requirements. This agreement does not authorize any
warrantiess search of the business premises.

Notwithstanding the submission of this Application, if ADHS becomes
aware of actions taken by the entity that jeopardize the health, safety,
and welfare of the public or that the representations in this Application
are false, ADHS may take additional action as necessary to protect the
health, safety and welfare of the public.

3/5

8/23/2020 Application for Approval to Reopen Arizona Department of Health Services

Name of the Business Establishment 

Name of Individual Submitting this Application, and Title 

Email Address of Individual Submitting this Application 

Phone Number of Individual Submitting this Application 

Street Address of Business Establishment 

City 

Zip Code 

CAPTCHA 

What is nine mTr?IUs n?iri? (numbers only)? 

Resources

0 ADHS Emergmy Order 2020-02

0 ADHS Guidance for Businesses

0 ADHS Data Dashboard for Businesses

0 ADHS Requirements Bars and Providing Dine-In
Services

 

ADHS Requirements for Bars and Not Operating


ADHS Requirements for Indoor Theaters

0 ADHS Requirements for Indoor and Fitness Centers

 



4/5

8/23/2020 Application for Approval to Reopen Arizona Department of Health Services

0 ADHS Requirements for Water Parks 8! Tubing Qperators

 

l:

5/5

Exhibit 

August 19, 2020

RE: Denial of Application to Reopen: Kimmyz On Greenway
Thank you for your application for approval to reopen pursuant to Emergency Measure 2020-02
for Kimmyz On Greenway located at 5930 West Greenway Rd Glendale, Az 85306,
GLENDALE, 85306.
Pursuant to Emergency Measure 2020-02, a business that must remain closed may apply
to ADHS for approval to reopen if it can prove that it has taken or will take such extra steps,
beyond those required in the Guidelines and Benchmarks for counties whose community
transmission metrics are in the moderate category.
Your application failed to provide proof that your business has taken or will take such extra
steps, beyond those required, as necessary to operate safely. As a result, ADHS is unable to
approve your application for approval to reopen at this time. Because your application was not
approved, your business is required to remain closed. You may request an Informal
Settlement Conference with ADHS to discuss this decision and whether there are conditions
under which you may reopen by sending a request to acr@azdhs.gov.
Please note that businesses that have been approved to reopen have implemented specific
more stringent requirements beyond those required in the Guidelines and Benchmarks. These
include the following:
•
•
•

Operating as a restaurant at ≤25% occupancy or ≤5 customers at one time
Setting modified hours, such as a 10 PM closure
Requiring the purchase of food along with the purchase of alcoholic beverages

We recognize that all businesses are unique. If you believe your business can meet the
criteria above, you may submit a modified application to the department outlining
additional steps you will take to safely operate rather than requesting an informal
settlement conference.
You may also re-submit your attestation form in the future if the transmission rate in your county
changes such that your establishment becomes eligible for reopening.
Thank you.

Douglas A. Ducey   Governor

Cara M. Christ, MD, MS   Director

150 North 18th Avenue, Suite 500, Phoenix, AZ 85007-3247 P   602-542-1025 F   602-542-0883
Health and Wellness for all Arizonans

W   azhealth.gov

 Exhibit 0

August 18, 2020

RE: Denial of Application to Reopen: Cactus Taproom LLC
Thank you for your application for approval to reopen pursuant to Emergency Measure 2020-02
for Cactus Taproom LLC located at 20429 N Lake Pleasant Road, #104, Peoria, 85382.
Pursuant to Emergency Measure 2020-02, a business that must remain closed may apply
to ADHS for approval to reopen if it can prove that it has taken or will take such extra steps,
beyond those required in the Guidelines and Benchmarks for counties whose community
transmission metrics are in the moderate category.
Your application failed to provide proof that your business has taken or will take such extra
steps, beyond those required, as necessary to operate safely. As a result, ADHS is unable to
approve your application for approval to reopen at this time. Because your application was not
approved, your business is required to remain closed. You may request an Informal
Settlement Conference with ADHS to discuss this decision and whether there are conditions
under which you may reopen by sending a request to acr@azdhs.gov.
Please note that businesses that have been approved to reopen have implemented specific
more stringent requirements beyond those required in the Guidelines and Benchmarks. These
include the following:
•
•
•

Operating as a restaurant at ≤25% occupancy or ≤5 customers at one time
Setting modified hours, such as a 10 PM closure
Requiring the purchase of food along with the purchase of alcoholic beverages

We recognize that all businesses are unique. If you believe your business can meet the
criteria above, you may submit a modified application to the department outlining
additional steps you will take to safely operate rather than requesting an informal
settlement conference.
You may also re-submit your attestation form in the future if the transmission rate in your county
changes such that your establishment becomes eligible for reopening.
Thank you.

Douglas A. Ducey   Governor

Cara M. Christ, MD, MS   Director

150 North 18th Avenue, Suite 500, Phoenix, AZ 85007-3247 P   602-542-1025 F   602-542-0883
Health and Wellness for all Arizonans

W   azhealth.gov

 Exhibit 

Ilan Wurman (#034974)
Sandra Day O’Connor College of Law
Arizona State University
111 E. Taylor Street
Mail Code 9520
Phoenix, AZ 85004-4467
Telephone: 480-965-2245
ilan.wurman@asu.edu
Attorney for Plaintiffs
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
JAVIER AGUILA, et al.,
Plaintiffs,
vs.
DOUG DUCEY, in his individual
capacity, and in his official capacity as
the Governor of the State of Arizona;
THE ARIZONA DEPARTMENT OF
HEALTH SERVICES; and THE
ARIZONA DEPARTMENT OF
LIQUOR LICENSES AND
CONTROLS,

CASE NO: ______
Declaration of Alan Kowalski

Defendants,
and
THE STATE OF ARIZONA,
Real Party-in-Interest.

1.

I, Alan Kowalski, declare as follows:

2.

I am over the age of 18 and have personal knowledge of the information set

 forth in this declaration.
3.

I am a plaintiff in this action. I am majority owner of Clicks Billiards. We

are a pool hall and bar. We have a #6 liquor license in Tucson, Arizona. We have 20 pool
tables on approximately 6000 square feet of retail space. The majority of our revenue
comes from pool table rentals, alcoholic beverages, food, soft drinks, and retail items. My
establishment naturally promotes social distancing due to the distance between pool tables
and the seating arrangement we have. Even on a very busy night we are below 50%
occupancy with guests spread out. When we were allowed to reopen after the first shut
down we covered every other pool table and had assigned seating for increased safety. We
were constantly being told by guests that we were the safest place they had been to during
the pandemic.
4.

After the first shutdown we installed plexiglass shields to increase safety for

employees and guests. We installed two hand sanitizing dispensers for use by employees
and guests. We also had two spray bottles of hand sanitizer that could be used anywhere in
the building. We posted a sign at the front entrance stating our policy on not entering if you
are feeling sick. We had the floors marked for socially distancing while waiting in line at
the front counter. We also had the sidewalk marked outside the front entrance as well at
six foot intervals. We also had the floors marked at six foot lengths in front of restrooms.
We also set up a sanitation table with sanitation supplies and written leaflets that could be
used by employees and guests. We purchased disinfectants that could be used on bathroom
fixtures, tables, chairs, pool tables, pool table cloth, pool balls, pool cues, racks, and
counter surfaces. We implemented a log and required frequent cleaning and sanitation of

 all surfaces. We also cleaned all items pertaining to playing pool after each use. Masks
were required for all guests and employees. Signs were posted on restroom doors and
inside restrooms requesting thorough hand washing. Signs were posted throughout the
establishment asking all to socially distance. We adjusted and reduced our hours of
operation so that we had time for increased sanitation. We only used paper food menus to
reduce surfaces being touched by more than one person. All food condiments we changed
to single use disposable packets to reduce touching by more than one person. We also
changed to using wrapped straws for all drinks. We also offered for all drinks to be made
in disposable cups for increased safety. We removed all table tents and drink menus for
increased safety.
5.

I did not have direct contact with the department of liquor. I asked a

colleague that also owns a pool hall to ask about us being open without serving alcohol and
was told if we have a #6 liquor license we could not be open. No exceptions.
6.

I have seen many establishments that have been allowed to stay open that are

no more safe than mine. Peter Piper Pizza is a prime example. They have a #7 license but
apparently could stay open because they served enough food. They have a huge game room
and cannot adhere to socially distancing. Kids are running around without masks touching
many surfaces. Even though the only rule they have is to sanitize your hands at the entrance
they are allowed to stay open for some reason. Bowling alleys are allowed to be open and
it is perfectly okay to play pool there. The liquor agents have used their personal opinions
to decide who may open and who may not even though there are no guidelines in place to
make these decisions. Chilis has been allowed to stay open with the bar area full of people

 with no social distancing.
7.

In June we had profits of around $5,700. We had zero revenue due to the

shutdown in July. Our loss in July will be about $11,400. That does not include $4300 in
rent that we were unable to pay. This does not include the loss of product due to there being
no warning of closing us at a moments notice. The spoilage has been an added loss. The
value of my liquor license has also been compromised because the Governor has allowed
restaurants to have all of the benefits of my license without the costs associated with it.
My license is absolutely worthless at this point in time. I have also suffered the loss of
business that I will not be able to recover. It would be irresponsible to think that my
customers have just been sitting at home while I have been shut down. They are going to
other establishments like mine that are open right now and may never return.
8.

This situation is almost at a point of no return. Employees need to go back

to work and us owners do as well. We have suffered irreparable harm and even if we were
allowed to open we will be spending months if not years just to get back to even. We are
holding on but each day we are closed brings us closer to not being able to survive this
situation. We will be forced to close our doors forever if there is not a quick remedy to
this shutdown.
I declare under penalty of perjury that the foregoing is true and correct.
DATED this 18th day of August, 2020.
Alan Kowalski
Alan Kowalski

 Exhibit 

1
2
3
4
5
6
7

Ilan Wurman (#034974)
Sandra Day O’Connor College of Law
Arizona State University
111 E. Taylor Street
Mail Code 9520
Phoenix, AZ 85004-4467
Telephone: 480-965-2245
ilan.wurman@asu.edu
Attorney for Plaintiffs

8

SUPERIOR COURT OF ARIZONA

9

MARICOPA COUNTY

10

JAVIER AGUILA, et al.,

11
12
13
14
15
16
17
18

Plaintiffs,
vs.
DOUG DUCEY, in his individual
capacity, and in his official capacity as
the Governor of the State of Arizona;
THE ARIZONA DEPARTMENT OF
HEALTH SERVICES; and THE
ARIZONA DEPARTMENT OF
LIQUOR LICENSES AND
CONTROLS,

21
22

Declaration of David Delos

Defendants,

19
20

CASE NO: ______

and
THE STATE OF ARIZONA,
Real Party-in-Interest.

23
24
25
26
27
28

1.

I, David Delos, declare as follows:

2.

I am over the age of 18 and have personal knowledge of the information set

forth in this declaration.

 1

3.

I am a plaintiff in this action. I along with my wife own six Series 6 liquor

2

licenses in Maricopa County. All six of our locations have been shut down for over 100

3

days this year. My wife and I purchased our first neighborhood sports bar over 22 years

4

ago. Since then we have saved our money and slowly reinvested it in acquiring other like

5

businesses. As our business grew we were not only able to hire over 50 employees but in

6

every sense of the word we became a true family business as our son and daughter were

7

able to join us in the daily operations of the business.

8

4.

When we could open, we took safety precautions seriously and not only

9

implemented safety protocols but spent thousands of dollars to ensure the safety of our

10

customers and our employees. We provided masks, hand sanitizer, followed social

11

distancing guidelines. We also hired a crew to clean each location every night which

12

included wiping down all bar surfaces, chairs, doors, bathrooms video and parlor games

13

with approved cleaning supplies specific for Covid-19.

14

5.

I have had two interactions with the liquor department (DLLC) regarding

15

complaints that had been received on my establishments since closing. As I sold liquor to-

16

go I was told complaints were made about people drinking in cars in the parking lot. I

17

advised them by law I am not responsible for liquor after it legally leaves my premises. I

18

believe most liquor agents were confused or misinformed regarding the Executive orders

19

that were intentionally vague and arbitrarily written.

20

6.

Some of my employees and most of my customers have moved across the

21

street to restaurants with a 12 license, private clubs, casinos, or bars at golf courses that

22

have unfairly been allowed to remain open. Whether food is served or not there should be

23

no reason why if we are all following the same guidelines all businesses should not be

24

given the chance to open, and those that don’t follow the guidelines should have their

25

liquor license suspended. What these executive orders have created is winners and losers

26

and the losers in this are losing everything that we have worked so hard for without being

27

given a chance to prove that we can follow the same guidelines that allowed restaurants to

28

remain open.
2

 1

7.

Many things in the executive orders make no sense and are not clear enough

2

to arbitrarily take away our rights as business owners that employ tens of thousands of

3

Arizonians. Why can bowling alleys and top golf venues remain open but pool halls and

4

dart bars must remain closed. Why can private clubs (series 14) that are not required to

5

serve food allowed to remain open and just sell alcohol?

6

8.

I believe the value of my series 6 liquor license has been devalued for many

7

reasons. As a high value license that comes with privileges not included in other state

8

issued liquor licenses I have lost the ability to remain open while other liquor licensees

9

remain open, I have lost the exclusive privilege to serve alcohol to-go as for some

10

unknown reason that was given to 12 licenses during EO 2020-09. I have lost many

11

customers and some employees. I will only be allowed to operate at 50% capacity

12

including strict new guidelines of no dancing, no billiards, no darts or karaoke for the

13

foreseeable future—all while my competitors with different license numbers can stay

14

open without similar restrictions. Dr. Christ was quoted saying until there is a vaccination

15

or a cure, we will operate under strict guidelines for 6 and 7 liquor licenses.

16

9.

I have continued to incur debt as I have remained closed. Including over

17

30K a month in rent plus utilizes this time of year that add up to over 8k a month. These

18

are cost that will not be abated. Four of my six locations received 5K per location in the

19

form of Covid -19 disaster relief grant, two locations received no assistance. Not even

20

close to expenses I have incurred.

21

10.

We have been luckier than most 6 and 7 busines owners as being in this

22

industry I have been able to establish an emergency fund for tough times. These

23

emergency funds have taken years of putting away a small amount of money each month.

24

After being closed over 3 months that emergency fund is gone and now we must go into

25

our savings to keep our rents and utilities payed with the hope that some day soon we can

26

reopen at full capacity and under the same conditions we once enjoyed.

27

I declare under penalty of perjury that the foregoing is true and correct.

28
3

 1

DATED this 17th day of August, 2020.

2
3
4

David Delos

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4

 Exhibit 

1
2
3
4
5
6
7

Ilan Wurman (#034974)
Sandra Day O’Connor College of Law
Arizona State University
111 E. Taylor Street
Mail Code 9520
Phoenix, AZ 85004-4467
Telephone: 480-965-2245
ilan.wurman@asu.edu
Attorney for Plaintiffs

8

SUPERIOR COURT OF ARIZONA

9

MARICOPA COUNTY

10

JAVIER AGUILA, et al.,

11
12
13
14
15
16
17
18

Plaintiffs,
vs.
DOUG DUCEY, in his individual
capacity, and in his official capacity as
the Governor of the State of Arizona;
THE ARIZONA DEPARTMENT OF
HEALTH SERVICES; and THE
ARIZONA DEPARTMENT OF
LIQUOR LICENSES AND
CONTROLS,

Declaration of Ian Juul

Defendants,

19
20

and

21
22

CASE NO: ______

THE STATE OF ARIZONA,
Real Party-in-Interest.

23
24
25
26
27
28

1.

I, Ian Juul declare as follows:

2.

I am over the age of 18 and have personal knowledge of the information set

forth in this declaration.

 1

3.

I am a plaintiff in this action. I own Mooney’s Irish Pub in Sedona, AZ. My

2

business is ten years old and I have owned it since October 2017. I have a #6 Coconino

3

Liquor License, one of the more coveted and expensive Liquor Licenses probably worth

4

around $ 100,000 before we faced mandated Executive Order Covid-19 closures. Between

5

January 1, 2020 and August 6, 2020 we have been forced to remain closed for 87 days out

6

of a possible 219 trading days. So far, we have been closed for 40% of 2020.

7

4.

Before the mandated closure of Executive Order 2020-43 dated June 29, 2020

8

we had the following sanitary measures in place to address the spread and effects of Covid-

9

19. We had ceased all Live Music, Dancing, Karaoke, Darts and Foosball. All our

10

employees were wearing face coverings and they knew to wash their hands as often as

11

possible. All customers were required to wear face coverings and we were giving away free

12

masks to customers who didn’t have masks. We had installed two high volume medical

13

grade air purifying systems that filtrate air to remove viruses. We had limited our internal

14

capacity to around 60 occupants which is 30% of our permitted capacity of 203 occupants.

15

We had removed seating and tables so that there was at least 6 feet social distancing

16

clearance between chairs, tables and bar counter space. We had placed several hand

17

sanitizer stations within the bar to encourage hand sanitization by employees and customers.

18

We were wiping down all seats, tabletops, menus, door handles and pens after use with

19

alcohol. We had educational Covid-19 signs and messages posted on doors and walls. We

20

weren’t permitting more than 10 people to group together. Employees were also told to stay

21

at home if they felt sick and we were encouraging customers to sit outside on our patio areas

22

rather than sit inside as that is safer.

23

5.

On June 29, 2020 Executive Order 2020-43 was passed and Para 3.a. reads

24

‘Bars, meaning an entity who holds a series 6 or 7 liquor license from the Department of

25

Liquor Licenses and Control and whose primary business is the sale or dispensing of

26

alcoholic beverages’ are required to pause operations but we could continue to sell ‘To Go’

27

(Curbside and Take-out) liquor and food. I interpreted this and opened for business on June

28

30, 2020 trading as a restaurant and we wouldn’t allow any alcoholic beverage sales without
2

 1

food on order that we could achieve at least 40% food to alcohol sales ratio which is the

2

minimum food to alcohol sales ratio required to hold a Restaurant Series 12 Liquor License.

3

We also insisted that customers stay seated and walk-around and we would meet new

4

arriving customers at the entrance door like a Host and take them to available seating, just

5

like restaurants do. Around 5.30pm on June 30, 2020 I received a phone call from my area

6

Detective from Department of Liquor Licenses and Control, Mr Herb Carruthers. Mr

7

Carruthers told me to cease operations immediately as historically I was trading as a bar

8

with primarily liquor sales. I told Mr Carruthers that we had converted our operations to

9

emulate and copy a restaurant and were striving to sell at least 40% food sales. Mr

10

Carruthers told me that this was not permissible according to the guidelines he had been

11

given, so we shut-down operations and within an hour of this phone call I had two Officers

12

from Sedona Police Department arrive to ensure that we were closed for business and were

13

given 45 minutes to vacate our own business by these Police Officers.

14

6.

On July 1, 2020 I sent Mr Carruthers an eMail appealing to remain open if we

15

achieved a 40% food sales ratio just like restaurants are required to do. I never got a reply

16

from Mr Carruthers so on July 13, 2020 I wrote an eMail to Mr Jeffery Trillo, Assistant

17

Director, Licensing and Administration Division of Arizona Department of Liquor Licenses

18

and Control asking him why I had to close but a direct competitor (Olde Sedona Bar and

19

Restaurant) who had a Series 12 Liquor License was allowed to continue trading just like a

20

traditional bar with Live Music, Karaoke, Dancing, Pool and Darts until 2am in the morning

21

and that most of my customers were just socializing at this venue, or any of the other 102

22

businesses in Sedona selling alcohol. Mr Trillo immediately responded and made it clear

23

that Mr Carruthers would have final guidance and determination on our situation. At this

24

point Mr Carruthers responded to my first eMail dated July 1, 2020 clarifying that my two

25

Options were Option 1) to either stay open for ‘To Go’ sales only or Option 2) voluntarily

26

close or face a suspension of my Liquor License which closure time could well last longer

27

than Executive Order 2020-43 and further, risk losing my Liquor License altogether. Option

28

1 was not feasible. When we encounter foot traffic because we operate as a normal bar, to3

 1

go sales never amount to more than $500 a day, at best. Although we might have had a

2

boost in customers purchasing to-go alcohol during the closures, the Governor’s executive

3

orders also gave the privilege of selling to-go alcohol to restaurants. As a result, most of my

4

former patrons have simply been buying alcohol at restaurants.

5

7.

On July 19, 2020 I sent an eMail to Mr Trillo and Mr Carruthers asking their

6

guidance if I could park an air-conditioned bus outside my bar so that my ‘To Go’ customers

7

could at least sit in air-conditioned comfort to consume their beverages and/or food, rather

8

than being outdoors in the hot sun. I received a strange reply from Mr Carruthers on July

9

20, 2020 that read ‘Look at what he’s trying to do now’. There are several eMails between

10

myself, Mr Trillo and Mr Carruthers, all of them are attached. I also Appealed to the offices

11

of Gov Ducey around July 13, 2020 via their Website portal and I have yet to receive a reply

12

by August 6, 2020.

13

8.

As of August 5, 2020 per Arizona Department of Liquor Licenses and Control

14

there are 104 establishments in Sedona licensed to sell liquor to the public and there are

15

only 2 establishments that were required to close due to Executive Order 2020-43. There

16

are 23 establishments in Sedona with Series 6 and 7 Liquor Licenses and 21 of these 23

17

establishments were allowed to remain open according to the subjective and confusing

18

application of Executive Order 2020-43 by Arizona Department of Liquor Licenses and

19

Control. Per Arizona Department of Health Services Website there were 0,05% (86 cases)

20

of Covid-19 cases in Sedona out of the 182,203 cases statewide. Sedona has an estimated

21

resident population of 10,000 people (0,14% of the 7,3 million state population) and an

22

estimated daily tourist population of 20,000 people (per Sedona Chamber of Commerce).

23

In the 4 months between March 1 and June 29, 2020 (the latter being the date of Executive

24

Order 2020-43), there were around 1,588 recorded Covid-19 deaths in the state. Since June

25

29 to July 31, 2020 (roughly one month) Covid-19 deaths have more than doubled to 3,694

26

deaths and during this time the state has been open for ‘business as usual’ for every other

27

type of business except for Bars, Gyms and Water Parks who have been kept closed. One

28

could almost foolishly say that the Covid-19 death rate was actually way lower before Bars,
4

 1

Gyms and Water Parks were closed down on June 29, 2020. By August 5, 2020 around 72%

2

of state Covid-19 deaths (2,827 out of 3,932) are attributed to a demographic of people aged

3

65 years of age and older. This demographic are not your typical bar customers. Phoenix

4

and Tucson located in Maricopa and Pima counties have a combined population of 5,5

5

million (75% of the state population) and they account for nearly 70% of Covid-19 deaths

6

and Executive Order 2020-43 makes no reasonable accommodation for any business in or

7

outside these Covid-19 ‘hotspots’.

8

9.

Executive Order 2020-43 dated June 29, 2020 refers to Covid-19 sanitary

9

measures that Bars shall Attest (commit) to before they can reopen and by August 6, 2020

10

(6 weeks later) Arizona Department of Health Services still had not published any guidance

11

for bars. Moreover, the Centers for Disease Control and Prevention has publicly available

12

Covid-19 mitigating guidelines for Bars and Restaurants and Centers for Disease Control

13

and Prevention believes that Bars and Restaurants have similar Covid-19 risks. Safely

14

assuming that all businesses are following similar and sensible Covid-19 sanitary measures,

15

how can closing 2% of the businesses that sell liquor in a small town like Sedona that has

16

an extremely low Covid-19 infection rate be an effective strategy to mitigate the spread of

17

Covid-19 when the public can freely frequent over 102 other competitor businesses that

18

remain open for business selling alcohol in Restaurants (60), Breweries (3), Hotels (15),

19

Beer and Wine Bars (13), Wine Tasting Rooms (3), Casino’s and Bars that still remain open

20

(8). In my opinion, the underlying essence and rationale behind Executive Order 2020-43

21

and its application in Sedona and similar low risk communities outside Maricopa and Pima

22

counties is nothing short of gross incompetence and a lack of effort and empathy by Gov

23

Ducey and Arizona Department of Health Services.

24

Licenses and Control have also had the unenviable and illogical task of implementing an

25

Executive Order that has very little to no impact on mitigating the spread of Covid-19 in

26

my community and similar low risk communities.

27
28

10.

Arizona Department of Liquor

Keeping my business closed due to Executive Orders financially costs me $

25,000 a month or $ 6,000 a week as I need to pay business and personal commitments. The
5

 1

biggest tangible financial costs are rentals, loans, utilities, insurance and personal living

2

expenses. I have also lost monthly profits of at least $ 10,000 a month as I have no sales

3

and I have been closed over the busiest / best months of the year being March, April and

4

May. There are other financial losses too which are harder to quantify but they still exist.

5

These include the loss of inventory that expires and that needs to be dumped (at least $

6

5,000). The ‘Goodwill’ value of my business diminishes every week I remain closed as I

7

have attrition in my customer base as customers are drinking and eating at the other 102

8

competing establishments in my town. The ‘Market Value’ of my business is way lower

9

having been closed 40% of 2020 as its overall profitability and attractiveness to potential

10

buyers is way lower now. Who really wants to buy a Bar right now? The ‘Market Value’ of

11

my previously coveted Coconino Series 6 Liquor was around $ 100,000 before Covid-19

12

and I doubt I could find a buyer right now. I have also lost good employees who are forced

13

to seek alternative employment and it is very disruptive rehiring and training employees

14

and our Employee Turn-over Rate is over 50% so far in 2020. I have also suffered mentally

15

and emotionally as most of the Executive Orders that apply to my business don’t have a

16

rational basis and there is so much confusion and uncertainty.

17

11.

Due to Executive Order closures so far in 2020, I have personally funded over

18

$ 80,000 in tangible financial losses up to August 6, 2020. I have also lost at least $ 30,000

19

in profits. The ‘Market Value’ of my business and its liquor license has safely diminished

20

by 50% and that is at least $ 300,000 in ‘value’. I have contingent liabilities that affect me

21

personally in the form of Lease, Loan and Tax commitments and these amount to over $

22

750,000. I cannot continue or hold-out much longer and there is no certainty into the future.

23

What reasonable person can continue trying to run a business like this?? How much more

24

does Gov Ducey and Arizona Department of Health Services want me to sacrifice?? I

25

immigrated to United States of America in 2011 as I consider myself an Economic Refugee

26

from Zimbabwe and South Africa, both African countries who economically persecute

27

minorities and what I find myself in today is not the ‘American Dream’.

28
6

 1

I declare under penalty of perjury that the foregoing is true and correct.

2
3

DATED this 17th day of August, 2020.

4
5
6

Ian Juul
Ian Juul

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7

 ilan.wurman@gmail.com
From:
Sent:
Subject:

Ian Juul <ian@juul.biz>
Thursday, August 6, 2020 10:01 AM
FW: Mooney's Irish Pub - Sedona - Appeal

From: Ian Juul <ian@juul.biz>
Date: Wednesday, July 1, 2020 at 3:50 AM
To: Herbert Carruthers <herb.carruthers@azliquor.gov>
Subject: Mooney's Irish Pub - Sedona - Appeal
Hi,
Following-up on your phone call yesterday and the subsequent enforcement visit by Sedona Police, please can I submit
an Appeal of sorts to remain open provided I adhere to the following;











I conduct business as a regular restaurant who has a Number 12 License striving for 50% food sales but at least
40% sales. Yesterday in the 5 hours we traded as a ‘restaurant’ our food sales were 35% and by end of dinner it
would have surpassed 40%. We were only selling alcohol yesterday if food was purchased and educating our
strong local customer base that we have had to temporarily change our business model to a ‘restaurant’.
There will be no alcohol sold with-out food.
I will close trading at 9pm like typical restaurants do and not the 2am close that we typically do as a bar.
There will only be table service, like restaurants typically do.
I will continue not having live music, karaoke, darts, foosball and all similar ‘bar’ like activities will cease. I
stopped most of these activities last week when masks were mandated.
We shall continue to commit and practice solid Covid related Health guidelines, in addition to those imposed by
the County and other regulatory bodies who oversee us.
We have authorized capacity for 154 and 49 (total 203 customers) and we shall reduce that to 30%, being 60
people.
Between my wife and I and a Manager, we shall be on premises every hour we are open to manage staff and
customers and adhere to the above.

Some additional information about us;
 I am a serial businessman and accounting professional and this is my 20 th business. I am law-abiding and I have
never had a citation in my life. I have also worked as a Money Laundering Analyst for one of the world’s largest
banks which requires frequent drug tests and complying to high security clearance standards, as does my
pending US Naturalization application which got suspended on April 22 this year due to the effects of Covid. I
have very strong moral standards and I also believe in supporting my community as I will tell you below. We play
an essential part in our small Community and if we want evidence, I can muster up some very quickly.
 The type of things we do in our community include offering half-price meals because we know a lot of our locals
are poor and they cannot always afford to eat and get nutrition. We contribute about $ 50,000 a year to
subsidized product to locals. We feed a few homeless people who are allowed to come and eat our food and
drink soda everyday by us, we raised $ 7,500 two weeks ago for a staff member who just lost his son, we have
paid staff members arrear rent because they were about to get evicted, we have paid staff members to get
counselling because they have substance abuse struggles, we have donated thousands of dollars to customers
and others who needed financial support due to ‘hard times’, we recently purchased a passenger van as a free
service to help intoxicated customers get home and we work closely with Sedona PD and we are very grateful
for their help and our partnership of sorts.
1

 








We employ about 18 staff and over the past lockdown in March / April I personally gave away all my unemployment money of $ 754 every week to staff and customers who couldn’t get unemployment assistance. I
also gave away other personal money during this time to help people I knew were struggling. I am not rich but I
do what I can.
We are busy expanding our existing kitchen and last week we paid $ 22,000 for new kitchen equipment and I
have the un-signed lease agreements for the adjoining vacant space. This new kitchen will boost our food to
alcohol ratio as well create more jobs and taxes. However, I cannot now make this commitment to expand our
food facilities given latest developments as I have to save the last of my savings to hopefully survive further
lockdowns.
You witnessed yourself how quickly we complied with the requirements needed last week by AZ Liquor for our
Extension of Premises / Patio Application. We completed the installation within 24 hours of being asked to.
We are strongly committed to playing a responsible role in the mitigation of Covid. We already follow Covid
related Health guidelines with staff wearing masks and being told to stay at home if they feel unwell, offering
free masks to customers and nobody is allowed in the premises without wearing a mask, sanitizing and wiping
all tables and surfaces between sittings, having public hand sanitizer in 4 stations through-out the bar, distancing
at least 6 feet between tables and chairs, removing stools away from the bar counter and encouraging
customers to sit outside as far as possible. We also installed air filters in the premises last week to filter all our
internal air volume x3 times an hour using medical grade filters than filter for viruses. We will comply with any
other health requirement deemed necessary.

My confusion and request for an Appeal is because the Governors Executive Order 2020-43 Para 3.a. says that if
we primarily sell alcoholic beverages we need to close. However, if we are given an opportunity to trade like #
12 restaurant licenses with min 40% sales, we can comply with this Order. We just need this opportunity. There
are over 100 restaurants in Sedona and most have # 12 licenses. Closing us and a few others like wine tasting
rooms doesn’t make sense just because we have either # 6 or # 7 licenses and not # 12 licenses. Stopping ‘bar’
like behavior makes sense and we can commit to this and we shall get all our customers to commit to this. We
will comply with any other health requirement deemed necessary.

The State lock-down in March / April cost us $ 50,000 and it will costs us $ 25,000 a month if we are closed again. This is
not financially sustainable. We face business closure if this continues and we are not being given a fair chance to save
ourselves or the jobs of our 18 staff or to continue being an ‘essential’ partner in our community.
Please can you help us.
In addition, the Governors Executive Order 2020-43 Para 5. refers to an Attest Form offered by Arizona Department of
Health Services. It is not clear where we can obtain this Form and who do we submit it to. What is the complete process
for this?
Please excuse any grammar or typographical mistakes as I am writing this eMail at 3 am as I couldn’t sleep and I am
stressed-out trying to save my business in these very difficult times.
Best regards,
Ian Juul
Mooney’s Irish Pub – Sedona, AZ
Tel (+1) 941 730 1745
ian@juul.biz
Disclaimer / Waiver of Liability
This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or
opinions expressed are solely those of the author. If you are not the intended recipient of this email, you must neither take any action based upon its
2

 contents, nor can you copy or show it to anyone. Please contact the sender if you believe you have received this email in error. All rights are reserved
for Ian Juul and all connected Parties and Entities.

3

 ilan.wurman@gmail.com
From:
Sent:
To:
Subject:

Ian Juul <ian@juul.biz>
Thursday, August 6, 2020 9:35 AM
i
FW: State of Arizona, Governor's Executive Order 2020-43 Department of Liquor
Guidance

From: Jeffery Trillo <jeffery.trillo@azliquor.gov>
Date: Monday, July 13, 2020 at 10:52 AM
To: Ian Juul <ian@juul.biz>
Cc: Herb Carruthers <HCarruthers@azliquor.gov>, Herbert Carruthers <herb.carruthers@azliquor.gov>
Subject: Re: State of Arizona, Governor's Executive Order 2020-43 Department of Liquor Guidance
Good day, Ian.
You may not necessarily be required to close, and your competitor could be at risk of adverse action against
their license. Please read as I share information and decision points on what you do next.
I also see you included Detective Carruthers. If you have history with Detective Carruthers, meaning he knows
your business and you two have worked together previously, then whatever guidance he provides you will
supersede my guidance contained herein.
With that, and for the purposes of what follows, I would ask you to seriously consider first what is it that
Mooney’s is about. Our industry has numbers of licensees who hold a series 6 but they operate and are in
actuality a series 12. Going the route of a series 6 provides the licensee relief in that they need not be
concerned with the 40:60 food to alcohol sales ratio as required by law. Still, for them, food is the epicenter of
their operations. With that, for Mooney’s to even consider getting out of the gate, the sale of food has to be a
prominent variable in its business plan. Mooney’s must think, look, and act like a restaurant.
From there, the roadmap for your success is in these three documents below that I’ve imbedded links to. As
you review them, you must set your mind to these and understand, under no unequivocal terms, these
are requirements. All of them. No exceptions. Overwhelmingly where licensees are missing is failing to meet
the requirements. Secondarily, entity work staff then failing to enforce requirements.
I will highlight a subtle nuance to pull from sub-paragraph 1 of the “Now Therefore” section in the executive order 47
document. The language strongly suggests every patron should have a chair and be in it. This ties next to sub-paragraph
3 in that there are no free range areas for groups to intermix or congregate.
https://azgovernor.gov/file/35147/download?token=4zgksq5W

https://azgovernor.gov/file/35221/download?token=dcqvammZ
https://azgovernor.gov/sites/default/files/requirements_for_restaurants_2_0_0_0.pdf
From there, it is all up to you and your team’s assessment on pulling it together and keeping it together.
1

 Please do understand my response though is not an approval for Mooney’s to operate. You need to make that decision
within your team. Should you choose to open, Mooney’s may be visited by our agency and other enforcement entities
to observe operations. We are actively responding to complaints and visiting entities in close proximity. If Mooney’s is
found noncompliant with requirements, it does risk sanctions as specified in the executive orders.
As for your competitor, series 12 licenses are too under strict responsibility to comply with all requirements as specified
in the above documents. This agency has and will continue to take action against series 12 licensees who choose to, or
are unable to, comply. Would you kindly please share the name of your competitor and we will follow up.
Respectfully Submitted,
Jeffery Trillo
On Mon, Jul 13, 2020 at 8:06 AM Ian Juul <ian@juul.biz> wrote:
Hi,

In my small town of Sedona there are two bars, ourselves with a #6 selling nearly 40% food and another that has a #12
License.

I don’t understand why we are forced to close yet my competitor who has a #12 license can continue trading and still
host Live Music, Karaoke, Darts, Pool and basically continue operations as a bar ??

Best regards,

Ian Juul
Mooney’s Irish Pub – Sedona, AZ
Tel (+1) 941 730 1745
ian@juul.biz

From: Jeffery Trillo <jeffery.trillo@azliquor.gov>
Date: Tuesday, June 30, 2020 at 9:02 PM
To: <undisclosed-recipients:;>
Subject: State of Arizona, Governor's Executive Order 2020-43 Department of Liquor Guidance
2

 On June 29, 2020, Governor Ducey issued Executive Order 2020-43, which specifically addresses series 6 (bar)
and series 7 (beer and wine bar) licenses. You are receiving this email as you are listed in the Department of
Liquor's records system as the agent on record, or absent an agent, the licensee of either a series 6 or 7
license.

Attached is a link to an important Department of Liquor guidance document that is deemed important to you
in managing business decisions and Executive Order 2020-43.

https://azliquor.gov/assets/documents/homepage_docs/Covid19_EO_2020-43_Guidance.pdf

Thank you for your service to Arizona. Together we can reduce the spread of COVID-19.

Jeffery Trillo
Assistant Director, Licensing and Administration Division
Arizona Department of Liquor Licenses and Control

800 W Washington St., 5th FL.
Phoenix AZ 85007
602.364.1952

Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: This e-mail, including all
attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information.
Any unauthorized review, use, disclosure or distribution is prohibited unless specially provided under Arizona public
records statutes. If you are not the intended recipient, please contact the sender and destroy all copies of this message.

-Jeffery Trillo
Assistant Director, Licensing and Administration Division
Arizona Department of Liquor Licenses and Control

800 W Washington St., 5th FL.
Phoenix AZ 85007
602.364.1952

3

 Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: This e-mail, including all
attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any
unauthorized review, use, disclosure or distribution is prohibited unless specially provided under Arizona public records
statutes. If you are not the intended recipient, please contact the sender and destroy all copies of this message.

4

 ilan.wurman@gmail.com
From:
Sent:
Subject:

Ian Juul <ian@juul.biz>
Thursday, August 6, 2020 9:35 AM
FW: State of Arizona, Governor's Executive Order 2020-43 Department of Liquor
Guidance

From: Herb Carruthers <HCarruthers@azliquor.gov>
Date: Monday, July 13, 2020 at 11:58 AM
To: Ian Juul <ian@juul.biz>
Cc: Jeffery Trillo <jeffery.trillo@azliquor.gov>, Adam Palubeskie <adam.palubeskie@azliquor.gov>
Subject: Re: State of Arizona, Governor's Executive Order 2020-43 Department of Liquor Guidance
Mr. Juul,
I appreciate your sentiments, however, I can only do what i can do given my area of responsibility.
If there is anything I can do that is within the scope of my responsibilities please do not hesitate to
contact me....

Det. Herbert W. Carruthers #36
Police - Special Investigations
Wrong - Way Driver Task Force
Arizona Department of Liquor
PH: 928-289-1459
Fax: 602-542-5707
Email: hcarruthers@azliquor.gov
Web Site: www.azliquor.gov
The link ed image cannot be display ed. The file may hav e been mov ed, renamed, or deleted. Verify that the link points to the correct file and location.

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally
privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review,
use of disclosure is prohibited and may violate applicable laws including the Electronic Communications
Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the
communication.
1

 On Mon, Jul 13, 2020 at 11:47 AM Ian Juul <ian@juul.biz> wrote:
Mr Carruthers,

Agreed, historically we have operated as a Bar and I agree that ‘Bar like’ activities do-not support the mitigation of
Covid. We are committed to change, as per my earlier eMail.

EO 2020-43 provisions to allow To Go, Curbside etc cannot sustain ours or many of the other businesses affected by EO
2020-43. That is fact and it is the same as being Shut down. Can you make a living if your salary is reduced by 80% doubtful.

Of course I had to comply voluntarily. What other options do I have – try trade at 20% or face a temporary suspension
and fall foul of AZ Liquor.

I respect the fact that you have to enforce laws etc but we need a voice of reason and AZ Liquor please needs to speak
to the Governor.

Our town of Sedona is not like Maricopa County where they have 50% of Covid deaths. The Clubs in Scottsdale were
out of line and they have contributed to all Bars across the whole state now paying an unfair price.

EO 2020-43 is going to decimate the Bar industry. We have been closed over 3 months this year out of now 7 months.
This is not sustainable.

I have to try and fight to save my business and bigger circle of what our business does in Sedona. I am not trying to be
difficult.

Best regards,

Ian Juul
Mooney’s Irish Pub – Sedona, AZ
2

 Tel (+1) 941 730 1745
ian@juul.biz

From: Herb Carruthers <HCarruthers@azliquor.gov>
Date: Monday, July 13, 2020 at 11:28 AM
To: Ian Juul <ian@juul.biz>
Cc: Jeffery Trillo <jeffery.trillo@azliquor.gov>, Adam Palubeskie <adam.palubeskie@azliquor.gov>
Subject: Re: State of Arizona, Governor's Executive Order 2020-43 Department of Liquor Guidance

Mr. Juul,

As we spoke on the phone. You were not forced to close. You were informed that you were subject
to Executive Order 2020-43. As you have a series 6 license, you operate as a bar, and have
historically been a bar (not a restaurant) that executive order does apply to you. However, you were
informed that you were allowed to operate to-go, curbside pick, and delivery (providing you used the
delivery form if your order continued alcohol). You were not forced to close, as you
voluntarily complied with the executive order, which we appreciate. However, you were not "Shut
Down" by DLLC as you refer to in your facebook posting.

Unfortunately, there is no appeal to the governor's executive order. However, you may submit a
form/application (when available) on the Arizona Department of Health Services
website https://www.azdhs.gov/ (please check their website as they will post when the form is
available). This form/application may allow you to reopen on July 28, 2020, if you meet the
requirements, providing the executive order is not extended. You will still need to wait until July 27,
2020, to see what the governor decides.

As we spoke and you were informed, series 12 restaurant licenses are not included in the current
executive order (2020-43) only the series 6 and series 7 licenses. As I stated before, we
appreciate that you voluntarily complied with executive order 2020-43. However, as you were
informed if you decided to no longer comply you will be in violation of the executive order and there
will be an administrative action against your license which will most likely will result in a summary
suspension of your liquor license, which most likely will last longer than the initial executive
order date of July 27, 2020.

3

 As previously stated, I do appreciate you voluntarily complying with the current executive
order. Should you need any further information or have any additional questions please do not
hesitate to contact me.....

Det. Herbert W. Carruthers #36
Police - Special Investigations
Wrong - Way Driver Task Force
Arizona Department of Liquor
PH: 928-289-1459
Fax: 602-542-5707
Email: hcarruthers@azliquor.gov
Web Site: www.azliquor.gov
Error! Filename not specified.

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally
privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception,
review, use of disclosure is prohibited and may violate applicable laws including the Electronic
Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all
copies of the communication.

On Mon, Jul 13, 2020 at 10:52 AM Jeffery Trillo <jeffery.trillo@azliquor.gov> wrote:

Good day, Ian.

You may not necessarily be required to close, and your competitor could be at risk of adverse action against
their license. Please read as I share information and decision points on what you do next.

I also see you included Detective Carruthers. If you have history with Detective Carruthers, meaning he
knows your business and you two have worked together previously, then whatever guidance he provides
you will supersede my guidance contained herein.
4

 With that, and for the purposes of what follows, I would ask you to seriously consider first what is it that
Mooney’s is about. Our industry has numbers of licensees who hold a series 6 but they operate and are in
actuality a series 12. Going the route of a series 6 provides the licensee relief in that they need not be
concerned with the 40:60 food to alcohol sales ratio as required by law. Still, for them, food is the epicenter
of their operations. With that, for Mooney’s to even consider getting out of the gate, the sale of food has to
be a prominent variable in its business plan. Mooney’s must think, look, and act like a restaurant.

From there, the roadmap for your success is in these three documents below that I’ve imbedded links to. As
you review them, you must set your mind to these and understand, under no unequivocal terms, these
are requirements. All of them. No exceptions. Overwhelmingly where licensees are missing is failing to meet
the requirements. Secondarily, entity work staff then failing to enforce requirements.

I will highlight a subtle nuance to pull from sub-paragraph 1 of the “Now Therefore” section in the executive order 47
document. The language strongly suggests every patron should have a chair and be in it. This ties next to subparagraph 3 in that there are no free range areas for groups to intermix or congregate.

https://azgovernor.gov/file/35147/download?token=4zgksq5W

https://azgovernor.gov/file/35221/download?token=dcqvammZ

https://azgovernor.gov/sites/default/files/requirements_for_restaurants_2_0_0_0.pdf

From there, it is all up to you and your team’s assessment on pulling it together and keeping it together.

Please do understand my response though is not an approval for Mooney’s to operate. You need to make that
decision within your team. Should you choose to open, Mooney’s may be visited by our agency and other
enforcement entities to observe operations. We are actively responding to complaints and visiting entities in close
proximity. If Mooney’s is found noncompliant with requirements, it does risk sanctions as specified in the executive
orders.

As for your competitor, series 12 licenses are too under strict responsibility to comply with all requirements as
specified in the above documents. This agency has and will continue to take action against series 12 licensees who
5

 choose to, or are unable to, comply. Would you kindly please share the name of your competitor and we will follow
up.

Respectfully Submitted,
Jeffery Trillo

On Mon, Jul 13, 2020 at 8:06 AM Ian Juul <ian@juul.biz> wrote:
Hi,

In my small town of Sedona there are two bars, ourselves with a #6 selling nearly 40% food and another that has a
#12 License.

I don’t understand why we are forced to close yet my competitor who has a #12 license can continue trading and still
host Live Music, Karaoke, Darts, Pool and basically continue operations as a bar ??

Best regards,

Ian Juul
Mooney’s Irish Pub – Sedona, AZ
Tel (+1) 941 730 1745
ian@juul.biz

From: Jeffery Trillo <jeffery.trillo@azliquor.gov>
Date: Tuesday, June 30, 2020 at 9:02 PM
To: <undisclosed-recipients:;>
Subject: State of Arizona, Governor's Executive Order 2020-43 Department of Liquor Guidance

6

 On June 29, 2020, Governor Ducey issued Executive Order 2020-43, which specifically addresses series 6
(bar) and series 7 (beer and wine bar) licenses. You are receiving this email as you are listed in the
Department of Liquor's records system as the agent on record, or absent an agent, the licensee of either a
series 6 or 7 license.

Attached is a link to an important Department of Liquor guidance document that is deemed important to
you in managing business decisions and Executive Order 2020-43.

https://azliquor.gov/assets/documents/homepage_docs/Covid19_EO_2020-43_Guidance.pdf

Thank you for your service to Arizona. Together we can reduce the spread of COVID-19.

Jeffery Trillo
Assistant Director, Licensing and Administration Division
Arizona Department of Liquor Licenses and Control

800 W Washington St., 5th FL.
Phoenix AZ 85007
602.364.1952

Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: This e-mail, including all
attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information.
Any unauthorized review, use, disclosure or distribution is prohibited unless specially provided under Arizona public
records statutes. If you are not the intended recipient, please contact the sender and destroy all copies of this message.

-Jeffery Trillo
Assistant Director, Licensing and Administration Division
Arizona Department of Liquor Licenses and Control

800 W Washington St., 5th FL.
7

 Phoenix AZ 85007
602.364.1952

Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: This e-mail, including all
attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information.
Any unauthorized review, use, disclosure or distribution is prohibited unless specially provided under Arizona public
records statutes. If you are not the intended recipient, please contact the sender and destroy all copies of this message.

8

 ilan.wurman@gmail.com
From:
Sent:
Subject:

Ian Juul <ian@juul.biz>
Thursday, August 6, 2020 9:36 AM
FW: Department of Liquor Guidance

From: Herb Carruthers <HCarruthers@azliquor.gov>
Date: Monday, July 20, 2020 at 9:54 AM
To: Ian Juul <ian@juul.biz>
Subject: Re: Department of Liquor Guidance
Look at what he’s trying to do now
On Sun, Jul 19, 2020 at 12:32 Ian Juul <ian@juul.biz> wrote:
EO 2020-43 allows for To Go & Curbside per EO 2020-09.

Question – I have a parked bus near my bar parked in the public parking. Are the To Go consumers permitted to
consume their To Go drinks & food (pizza’s etc) in this bus as it has air conditioning?

Are these consumers allowed to use my bathrooms, or must they use the public bathrooms behind my bar in the
complex.

Best regards,

Ian Juul
Mooney’s Irish Pub – Sedona, AZ
Tel (+1) 941 730 1745
ian@juul.biz

, please contact the sender and destroy all copies of this message.

-1

 Det. Herbert W. Carruthers # 36
Police - Special Investigations
Arizona Department of Liquor
Wrong Way Driver Task Force
Phone: 928-289-1459
Email: herb.carruthers@azliquor.gov
Website: www.azliquor.gov

2

 Exhibit 

1
2
3
4
5
6
7

Ilan Wurman (#034974)
Sandra Day O’Connor College of Law
Arizona State University
111 E. Taylor Street
Mail Code 9520
Phoenix, AZ 85004-4467
Telephone: 480-965-2245
ilan.wurman@asu.edu
Attorney for Plaintiffs

8

SUPERIOR COURT OF ARIZONA

9

MARICOPA COUNTY

10

JAVIER AGUILA, et al.,

11
12
13
14
15
16
17
18

Plaintiffs,
vs.
DOUG DUCEY, in his individual
capacity, and in his official capacity as
the Governor of the State of Arizona;
THE ARIZONA DEPARTMENT OF
HEALTH SERVICES; and THE
ARIZONA DEPARTMENT OF
LIQUOR LICENSES AND
CONTROLS,

Declaration of Kyle Schwab

Defendants,

19
20

and

21
22

CASE NO: ______

THE STATE OF ARIZONA,
Real Party-in-Interest.

23
24
25
26
27
28

1.

I, Kyle Schwab, declare as follows:

2.

I am over the age of 18 and have personal knowledge of the information set

forth in this declaration.

 1
2
3

3.

I am a plaintiff in this action. I own Casa Marana Craft Beer • Wine • Spirits.

I have a #6 liquor license.
4.

In order to be open safely we adhered to all regulations set forth by CDC and

4

AZDHS, and Pima County Health including six foot spacing between tables, Masks

5

required until seated, employees required to wear masks, temperature checks of employees,

6

non-contact check out available on POS. We kept double garage doors open to outdoor

7

seating to improve airflow and left the door to business open in order to prevent

8

contamination of door handle as well as other sanitary measures.

9

5.

I have visited several Bars that are open despite alcohol being the obvious

10

focus of their business they have been determined otherwise. An example is Union Public

11

House and Reforma in Tucson, AZ. I have seen live concerts, DJ’s, overcrowding, Standing

12

Room only, People not wearing face masks, dancing, kissing, bar fights, people so over in

13

toxified they were swaying back and forth about to fall over. This was only around 11:30

14

PM and I believe this only got worse as the night progressed until they closed at 2:00am. It

15

is my opinion that a type of bottleneck has been created in the industry as the demand for

16

drinking establishments has not diminished as much as the amount of businesses have. This

17

new environment has created such a demand it has the feel of a Las Vegas Club at these

18

venues and them being busier now than ever before and trying but failing to keep the crowds

19

under control. This is not an outlier as everyone in the area knows the venues that are still

20

open and operating full bars and those that are not. I am attaching photos from my visit to

21

Union Public House and Reforma on August 8, 2020. (License #12G104129).

22
23
24
25
26
27
28
2

  

 

 

 

1

234567009

10

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

I also took video evidence, which can be viewed here:

18

https://www.dropbox.com/sh/0d5598zbm065o51/AAAVlt-2yi3Ml0H-B6xMI8Aea?dl=0.

19

6.

During initial shutdown our business was down 45% from the previous

20

month. During this second shutdown our business has been down 85%. During the first

21

shutdown we were able to keep some business going in order to pay some bills because all

22

other businesses were closed for to go sales only making an even demand for neighboring

23

businesses of the same type. We still took a huge financial hit during the first closure and

24

barely were able to get enough funds going to get back open even with the PPP. In this

25

industry the margins are almost entirely in the draft and spirits. Package beer has a small

26

marginal profit that is outpaced by the expenditures of the business. Even if some customers

27

might have come to get alcohol to go, they had no incentive to do so because restaurants

28

were also selling to go. Despite it looking like we had some money coming in we had to
4

 1

spend double our normal ordering after the initial shutdown and we had all the expenses of

2

re-opening including hiring new staff and training, paying state taxes, rent due without

3

forgiveness of any portion and all the various other expenses that come with running a

4

business. Furthermore, I have also always counted on the value of my liquor license

5

appreciating with time and being a part of my financial security. I doubt it will hold any

6

value close to anything it did before and will not have much value for some time.

7

7.

If this persists, I do not see a future for my business. I am not wealthy and

8

have an extremely limited amount of funds to keep going. Even if allowed to open today I

9

would have to ask my landlord for some sort of forgiveness or forbearance. If this persists,

10

I doubt he would reconcile the amount of money needed for me to re-open and get business

11

running sufficiently again. I own the business myself and it is my sole source of income. I

12

am not somewhere that caters to people looking to overindulge in Alcohol. I am a family

13

friendly, neighborhood venue that offers Craft Beer, Wine, Spirits and Neapolitan pizza.

14

We have Families come in all the time and even have board games set up and chalk outside

15

for the kids to mark up the patio. By not looking at the issue on a case by case basis it is

16

hurting families and businesses it shouldn’t. It is not fair and unfathomable that Arizona

17

would institute such an order without giving us the option to show we can abide by the

18

precautions as any other business can.

19

I declare under penalty of perjury that the foregoing is true and correct.

20
21
22

DATED this 9th day of August, 2020.
Kyle Schwab
Kyle Schwab

23
24
25
26
27
28
5

 Exhibit 

1
2
3
4
5
6
7

Ilan Wurman (#034974)
Sandra Day O’Connor College of Law
Arizona State University
111 E. Taylor Street
Mail Code 9520
Phoenix, AZ 85004-4467
Telephone: 480-965-2245
ilan.wurman@asu.edu
Attorney for Plaintiffs

8

SUPERIOR COURT OF ARIZONA

9

MARICOPA COUNTY

10

JAVIER AGUILA, et al.,

11
12
13
14
15
16
17
18

Plaintiffs,
vs.
DOUG DUCEY, in his individual
capacity, and in his official capacity as
the Governor of the State of Arizona;
THE ARIZONA DEPARTMENT OF
HEALTH SERVICES; and THE
ARIZONA DEPARTMENT OF
LIQUOR LICENSES AND
CONTROLS,

Declaration of Lee Fabrizio

Defendants,

19
20

and

21
22

CASE NO: ______

THE STATE OF ARIZONA,
Real Party-in-Interest.

23
24
25
26
27
28

1.

I, Lee Fabrizio, declare as follows:

2.

I am over the age of 18 and have personal knowledge of the information set

forth in this declaration. Dawn McMillan, my wife, and Dustin McMillan, my stepson, and

 1

I are owners of Growler’s Taphouse, Inc., 8275 North Silverbell Road, Marana, Arizona

2

85743. We are in possession of a Series 6 liquor license.

3

3.

For the past year we have operated at 57% food sales.

4

4.

We have followed 15 of 17 stated guidelines of the Pima County health

5

Department since their inception during the Covid crisis. The inspector gave us an excellent

6

rating for our cleanliness and measures taken to ensure the safety of our staff and patrons.

7

We estimate that we have suffered the loss of over $300,000 of revenue since the beginning

8

of Covid-19, not to mention the loss estimated at $100,000 since the order.

9

5.

We have a scratch kitchen. We do not sell frozen food. The above losses do

10

not include the loss of inventory which we estimate at about $15,000, due to three separate

11

shutdowns, as all branches of government were unable to provide clarity of the constant

12

change in rules and guidelines which created a great deal of confusion. We did our due

13

diligence by reaching out to the Governor’s office for clarification, where we were told a

14

form would be available on their website that we could fill out and attach our over all sales

15

to show percentage of food sales. We re-opened as we understood that we were o.k. to do

16

so. Two weeks later, liquor agents showed up to give our warning to shut down or our

17

license would be suspended. That would be our 3rd shutdown.

18

6.

We are still being charged rent with zero revenue. We estimate we have 2

19

months cash reserve before we will be forced to close our doors. Franchises can survive

20

intentional discriminatory actions with great success. Small businesses cannot. As illogical

21

as our state’s government actions are, it will not make much difference to us if we are out

22

of business and money.

23

7.

Other establishments such as major food chains, restaurant franchises who

24

sell alcohol, are allowed to remain open for business because of their liquor license series

25

and do not practice any of the guidelines set forth as we did when we were open at half

26

capacity.

27

8.

28

The newest guidelines for re-open released Monday August 10, 2020, are

unreasonable. It does not apply to bars and restaurants who are currently open for business.
2

 1

It imposes requirements on all of us that do not apply to our competitors. This makes no

2

sense.

3

9.

We strongly believe that the Governor’s Office has set us up for failure. We

4

cannot compete with take-out only, when all the bars and restaurants for miles around us

5

are open for dine-in, all because of the number on their liquor license. Discrimination at its

6

finest. We took another financial hit attempting to do take-out but could not compete.

7
8

I declare under penalty of perjury that the foregoing is true and correct.

9
10

DATED this 11th day of August, 2020.

11
12
13

Lee Fabrizio
Lee Fabrizio

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

 Exhibit 

1
2
3
4
5
6
7

Ilan Wurman (#034974)
Sandra Day O’Connor College of Law
Arizona State University
111 E. Taylor Street
Mail Code 9520
Phoenix, AZ 85004-4467
Telephone: 480-965-2245
ilan.wurman@asu.edu
Attorney for Plaintiffs

8

SUPERIOR COURT OF ARIZONA

9

MARICOPA COUNTY

10

JAVIER AGUILA, et al.,

11
12
13
14
15
16
17
18

Plaintiffs,
vs.
DOUG DUCEY, in his individual
capacity, and in his official capacity as
the Governor of the State of Arizona;
THE ARIZONA DEPARTMENT OF
HEALTH SERVICES; and THE
ARIZONA DEPARTMENT OF
LIQUOR LICENSES AND
CONTROLS,

Declaration of Sheri Marie Shaw

Defendants,

19
20

and

21
22

CASE NO: ______

THE STATE OF ARIZONA,
Real Party-in-Interest.

23
24
25
26
27
28

1.

I, Sheri Marie Shaw, declare as follows:

2.

I am over the age of 18 and have personal knowledge of the information set

forth in this declaration.

 1

3.

I am a plaintiff in this action. I own The Back Alley Wine Bar (The Arizona

2

Wine Experience LLC). I am a Series 7 License holder and my business focuses on Arizona

3

wines, wines from around the globe and wine education. While I do offer a handful of beers,

4

they are not my main focus. We offer an AZ wine flight and do periodic wine tastings and

5

wine education classes. I built my business from the ground up and opened in March of

6

2019. I was first ordered to shut down in March of this year, just a few days before my one

7

year anniversary. I reopened on May 15th and was open for approximately six weeks before

8

I was ordered to shut down a second time. As of the writing of this document, I am heading

9

into my fourth month of closure and hence, fourth month of no income.

10

4.

Upon reopening in May, I took extensive measures to ensure the safety of my

11

patrons and my employees. As a retired R.N. of 17 years, I had a very good understanding

12

of what we were up against. I implemented daily temperature checks and health checks on

13

my employees and posted COVID related signage on my entrance for patrons. I removed

14

tables and bar stools and stored them in my garage so that I could properly implement social

15

distancing. I tape measured the distance between each seating to ensure that they were at

16

least 6 feet apart and limited my occupancy to 30. My full capacity is 58. No party was

17

seated until the table and chairs were fully sanitized. This was done in between every

18

seating. Approximately 10 days after opening, masks were required by all employees. We

19

offer a cheese plate and a hummus plate and since opening day, in March of 2019 (a year

20

before the pandemic) I have required clean gloves to be worn while preparing these plates.

21

Handwashing is always and always has been strictly enforced.

22

5.

I am aware that if you “present” as a restaurant, even if you have a series 6 or

23

7, you may remain open. Nowhere have I found any official documentation on this, from

24

the Governor or from the Liquor Board. There are no set guidelines as to what constitutes a

25

“restaurant” and it seems to be up to the whim of whomever happens to be on duty that day.

26

This has left every series 6 and/or 7 bar owner that serves food confused and quite frankly

27

fearful. We were all watching when the Governor threatened our licenses and our

28

livelihoods. We all want to reopen but none of us has any idea how much food would allow
2

 1
2

us to do so.
6.

I have been holding “to go” bottle sales on the weekends to try and keep my

3

business alive. This has not been easy considering that the majority of bar/restaurants are

4

still open. People come in and ask if they can have a glass of wine. When I tell them that I

5

can only do bottle sales, they walk directly across the alley (approximately 50 feet away) to

6

the winery that is open and have one there. Their business model is the same as mine, minus

7

the food. There are, in fact, three wineries in town that are currently open. Same business

8

model. Different license number. The only difference is that they make their product while

9

I purchase mine. I don’t understand how the “making of your product” helps to defend

10

against COVID. In fact, it does not. I can assure the powers that be, that I can fully and

11

adequately implement the same sanitizing and social distancing measures that these

12

wineries are implementing. I, however, have not even been given a chance.

13

7.

There is also a restaurant with a bar just down the alley from my business

14

that is doing live music and dancing on a weekly basis. In fact, after my last bottle sale, I

15

decided to grab some food at this establishment. It is a large venue with a large occupancy.

16

There were easily 150-200 people inside and most of the “bar” patrons were not eating food.

17

It was so disheartening to witness when I can’t even have twenty people in my business. I

18

had to leave. There is another establishment in town that is a series 6 and does not have a

19

kitchen. They are having patrons order food from the business next store and are then

20

serving them. Their employee informed me that they were approved to do so by the liquor

21

board. In short, there are multiple businesses taking advantage of the current situation. I

22

see advertisements for karaoke, live music and dancing. I see Facebook photos of large

23

gatherings in the bar areas of restaurants, many of which are not even serving food in these

24

areas. Everything mentioned here leads to the conclusion that just picking two license

25

numbers and shutting only them down, is completely useless in the fight against COVID. It

26

has been made very clear that it is “behavior”, not license number, that is contributing to

27

the spread.

28

8.

It is impossible to know the full financial damage this has done to me. I was
3

 1

fully open during January and February and these are slowest months of the year in Prescott.

2

We were just starting to come into season when the first shut down occurred. I had to throw

3

away approximately $250 in food and lost a $300 keg. I had projected to gross 25K for the

4

moths of March, April, and May. All of that was lost. I missed out on two of the busiest

5

weekends of the year by being closed on Mother’s Day and on the Fourth of July. August,

6

September and October are some of the slowest months in Prescott and I was counting on

7

the money made in July and over the Fourth to get me through. It costs me, at MINIMUM,

8

5K a month to keep my business locked up and closed. This is money that, at this point, I

9

am literally throwing away. I’ll never get a return on it. On the first month of closure, it’s

10

closer to 8k, after paying TPT and payroll for the previous month. I’m doing everything in

11

my power to minimize costs but I must still keep the electric on or I could lose 4K worth of

12

wine inventory. I can’t cancel my internet as I need my POS system for bottle sales, my

13

landlord still wants his rent, and I’m still paying insurance on a business that is not open. I

14

also had to pay my quarterly taxes to the state. The state that shut down my business. I wrote

15

my first quarter check during the first shut down and my second quarter check during the

16

second shut down. I wasn’t able to apply for PUA assistance until May 15th. That’s the day

17

I reopened after the first shut down. I received approximately $1400. That’s the equivalent

18

to one day of earnings for me. This shutdown, I have received nothing. It is impossible to

19

sustain this. My series 7 license was 35K and it took me a year to obtain it. I don’t know if

20

I’ll ever be able to sell it or make any profit on it after the beating that bars have taken this

21

year. I saved 10% of my income my entire life, I live in a house with a mortgage of less

22

than $600/month. I have been financially responsible and have lived well below my means

23

my entire adult life, just so that I could, one day, open my dream business and pay cash for

24

it. I’ve done that. I built a successful business that was starting to make money the first year.

25

This was dream. This was my life savings. I’m about to lose it all because of this shut down.

26

9.

If this continues, my doors will shut forever and I will have lost everything

27

due to no fault of my own. If I at least had an ending date, I could possibly make a financial

28

plan. When I was told that I would be closed for the month of July, I though I could make
4

 1

it work. Then, its was another two weeks. My physical and mental health are suffering

2

greatly. As of today, there seems to be no end in sight. I am about one month away from

3

losing everything. I’m writing this on Thursday, August 6 th. This was the day that we were

4

supposed to get an update from the governor but instead, the press conference was canceled.

5

I feel betrayed and forgotten about. I feel that the Governor, the man I voted for, the man

6

that was supposed to fight for small business, just doesn’t care about me, my business, or

7

how difficult this has been.

8

I declare under penalty of perjury that the foregoing is true and correct.

9
10
11

DATED this 6th day of August, 2020.
SHERI MARIE SHAW

12
13

Sheri Marie Shaw
Sheri Marie Shaw

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5

 Exhibit 

1
2
3
4
5
6
7

Ilan Wurman (#034974)
Sandra Day O’Connor College of Law
Arizona State University
111 E. Taylor Street
Mail Code 9520
Phoenix, AZ 85004-4467
Telephone: 480-965-2245
ilan.wurman@asu.edu
Attorney for Plaintiffs

8

SUPERIOR COURT OF ARIZONA

9

MARICOPA COUNTY

10

JAVIER AGUILA, et al.,
Plaintiffs,

11
12
13
14
15
16
17

vs.
DOUG DUCEY, in his individual
capacity, and in his official capacity as
the Governor of the State of Arizona;
THE ARIZONA DEPARTMENT OF
HEALTH SERVICES; and THE
ARIZONA DEPARTMENT OF
LIQUOR LICENSES AND
CONTROLS,

Declaration of Ian Francis Likwarz

Defendants,

18
and

19
20

CASE NO: ______

THE STATE OF ARIZONA,
Real Party-in-Interest.

21
22
23
24
25
26
27
28

1.

I, Ian Francis Likwarz, declare as follows:

2.

I am over the age of 18 and have personal knowledge of the information set

forth in this declaration.
3.

I am a plaintiff in this action. I am an entrepreneur and multiple small business

owner and have started and self-operated several small businesses in Arizona since my

 1

relocation to Arizona in 2007. I currently own The Sazerac Cocktails & Craft, which opened

2

in December 2018, located in downtown Phoenix. I lease the building we’re in and have

3

invested nearly $1,000,000 (One Million Dollars), of my own money, into the tenant

4

improvements and licenses for this business. In addition to creating craft cocktails, and

5

serving local craft beer, we also maintain a permanent Food Trailer on our 3,000 square

6

foot outdoor patio area, that serves food during business hours. I have included a photo

7

below of our patio. As you can see, we can easily maintain social distancing—and we were.

8

We have also had, and maintained, the permanent food trailer providing a full menu of food

9

for over a year prior to the coronavirus outbreak. We have been forced to close our doors,

10

even though we serve a full menu of food, whereas our local competitors who have similar

11

establishments, also serving alcohol and food, are able to remain open because they have

12

an Arizona #12 License and we operate with an Arizona #6 License.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

 1

4.

The type of license we hold has absolutely no bearing on our ability, nor our

2

competitors’ ability to run, maintain, and operate a clean and healthy business that follow

3

the guidelines of the CDC, Department of Labor, Occupational Safety & Health

4

Administration (OSHA), and Arizona Department of Health Services (ADHS) for safe

5

COVID-19 business operating standards.

6

5.

With the safety of our employees and guests in mind, we have always stayed

7

several steps ahead of our competitors to maintain a healthy and safe work environment.

8

Less than one week prior to the governor’s latest executive order for Bars with #6 licenses

9

to close on June 29th, we took it upon our own initiative to have a mobile registered medical

10

professional come to our location and test every one of our employees, at our own expense.

11

We have also created a list of over 50 protocols for enhanced mitigation and safety measures

12

above and beyond the current requirements for Bars and restaurants to operate safely. Many

13

of those protocols were implemented prior to the June shutdown.

14

6.

Immediately after the shutdown, within days, I had tried to call both the

15

Arizona Liquor Board Department and the ADHS immediately to find out how we could

16

comply with other establishments to re-open. It took days, with multiple attempts and calls,

17

just to be told that there was no information they could provide at the time.

18

7.

During this closure of #6 & #7 license holders, I have personally witnessed

19

MANY other bars, breweries, and restaurants operating with #3, #12 & #18 licenses at a

20

heavy capacity, with little to no social distancing, and events like Karaoke taking place.

21

The biggest personal frustration has been to have my hands tied, sit back and watch other

22

competitors doing far less than what was required to operate safely during this time of us

23

being shut down, while we had implemented so many of the current safety protocols prior

24

to the order to close. We were being much safer than our competitors who were allowed to

25

stay open.

26

8.

Not only have I invested my personal savings of nearly $1,000,000 just into

27

the costs of Tenant Improvements and Licensing, but now we continue to pay Rent, utilities,

28

insurances, some payroll, and other expenses while our doors are closed. We are losing
3

 1

between $20,000 & $30,000 in revenue weekly during the summer. This has taken a

2

devastating hit on me financially and mentally. This closure also substantially diminishes

3

the value of my business, and my liquor license.

4

9.

Although we have applied and received some financial aid, this money is

5

quickly running out. Since we are closed indefinitely, and because of the historical actions

6

of the Governor’s unlawful decisions to arbitrarily close any business he chooses with no

7

end in sight, there is currently no value in my business to try and sell. In addition, we have

8

a large financial obligation to our landlord for the remainder of the lease term that we will

9

be fully held responsible for paying and may become a claim to future damages in a lawsuit.

10

We may be able to hold on for a few more months, and then we will have no choice but to

11

close our doors for good.

12

I declare under penalty of perjury that the foregoing is true and correct.

13
14

DATED this 19th day of August, 2020.

15
16
17

Signature Ian Francis Likwarz
Ian Francis Likwarz / Owner / The Sazerac

18
19
20
21
22
23
24
25
26
27
28
4

 Exhibit 

1
2
3
4
5
6
7

Ilan Wurman (#034974)
Sandra Day O’Connor College of Law
Arizona State University
111 E. Taylor Street
Mail Code 9520
Phoenix, AZ 85004-4467
Telephone: 480-965-2245
ilan.wurman@asu.edu
Attorney for Plaintiffs

8

SUPERIOR COURT OF ARIZONA

9

MARICOPA COUNTY

10

JAVIER AGUILA, et al.,
Plaintiffs,

11
12
13
14
15
16
17

vs.
DOUG DUCEY, in his individual
capacity, and in his official capacity as
the Governor of the State of Arizona;
THE ARIZONA DEPARTMENT OF
HEALTH SERVICES; and THE
ARIZONA DEPARTMENT OF
LIQUOR LICENSES AND
CONTROLS,

Declaration of Matthew Brassard

Defendants,

18
and

19
20

CASE NO: ______

THE STATE OF ARIZONA,
Real Party-in-Interest.

21
22
23
24
25
26
27
28

1.

I, Matthew Brassard, declare as follows:

2.

I am over the age of 18 and have personal knowledge of the information set

forth in this declaration.
3.

I am a plaintiff in this action. I own Matt’s Saloon in Prescott, Arizona. I have

owned and operated Matt’s Saloon for 18 years. Matt’s Saloon is located on Historic

 1

Whiskey Row and has been a bar since 1934. I own a series 6 License and voluntarily

2

cooperated with the earlier executive Order and closed my doors on March 20, 2020. I

3

remained closed until June 10th, even after the Governor opened establishments for Dine -

4

In on May 12th, 2020, where I was told chips and snacks would qualify. I did not open then

5

as I found it to be a very gray area and wanted to fully do my part in slowing the spread of

6

Covid-19. As I waited for Bars to be opened I realized could no longer wait as bills were

7

piling up and feared I may have to ultimately close my doors for good, and opened under

8

Dine-In on June 12th, 2020.

9

4.

Since no guidelines were clearly given for opening under Dine-In, I had to

10

establish my very own strict guidelines when I opened under dine-in on June 12 th, 2020. I

11

purchased forehead thermometers to use upon entrance and any patron with a fever over

12

100 degrees was turned away. I purchased gallons of hand sanitizer to ensure I had enough

13

throughout my establishment. I worked with a local printing company to have both floor

14

decals for social distancing as well as signage throughout, from hand washing tips, Covid

15

symptom checks and employee guidelines we were following. All employees upon arrival

16

were screened for Covid, and an employee temperature log was kept for each shift, and

17

every employee was REQUIRED to wear a mask for the duration of their shift. I limited

18

my capacity strictly to 50% (150) and ensured increased fresh airflow throughout by

19

keeping all doors open, fans throughout and my fresh air swamp cooler running 24/7. At

20

least a total of 60-man hours was spent on employee training for sanitary measures and

21

symptom screening. I believed I was doing everything possible to keep both my employees

22

and patrons safe while being able to keep my doors open.

23

5.

On June 29th 2020, we were given 5 hours’ notice to shut our doors for at least

24

30 days. This was days after receiving beer and liquor orders to stock up for what is

25

historically our biggest and literally “make or break” week of the year, Rodeo week in

26

Prescott. Although I knew it would be limited and not typical, it was still going to be the

27

boost I needed to keep my doors open for the immediate future. I would worry later about

28

getting through the slower winter months which I would normally have to save for from my
2

 1

busy summer months. The immediate closure was literally a Gut Punch after already having

2

been closed for almost 3 months. I had no experience with any liquor agents during the

3

second closure since I fully complied, however I began to hear how arbitrary the ruling was

4

with one licensee closed because one agent did not feel they sold enough food and another

5

being allowed to remain open because a different agent felt they were fine. My biggest

6

competitor flew under the radar for 3 weeks before being shut down by the liquor board,

7

apparently because they were so backed up, they did not get to them. I watched as a large

8

series 12 two doors down from me packed in my customers over 4 th of July weekend and

9

listened to stories of all these series 12 restaurants having record breaking weekends, weeks

10
11

and now months, all while I was closed, indefinitely.
6.

As the Month of July progressed, I began to see on social media series 12

12

Licenses and 14 (Private Club) advertising their new “late night Hours;” Ladies night,

13

Karaoke nights and even a series 6 that has Friday Night Barn Dances. My customers did

14

not all together stop going out, they simply started going to locations that were allowed to

15

remain open and adjusted their restaurants to become late night bars. A series 14 Private

16

club advertised Saturday night Karaoke, while boasting there was “no membership

17

required”. I normally have Karaoke 2 nights a week and fear I have permanently lost

18

customers to this Private Club since they offer deeply discounted drinks and no membership

19

necessary, simply because the number of their liquor license. While I watched this all unfold

20

throughout July, I could not help but feel disgust. I had already been doing more to keep

21

my employees and customers safe than any of the places that continued to remain open.

22

7.

I have included some snapshots of social media posts, pictures, etc. of the

23

above-mentioned events. A Moose Lodge in Prescott Valley that suddenly started Karaoke

24

Night every Saturday Night, an Italian restaurant advertising their new late-night hours and

25

lady’s night, A Friday night barn dance in Dewey (Series 6 License), a Mexican restaurant

26

putting on concerts, a fish and chips place now doing Karaoke. Photos 4 and 8 were of

27

events that took place on July 30th and July 25th, respectively.

28
3

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

Photo 1

Photo 2

Photo 3

Photo 4

16
17
18
19
20
21
22
23
24
25
26
27
28

4

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

Photo 5

Photo 6

16
17
18
19
20
21
22
23
24
25
26
27
28

Photo 7

Photo 8
5

 1

8.

This shutdown has been devastating financially and will carry on for many

2

years to come. I am not sure I will ever recover from this. Over my 18 years in business, I

3

have narrowly survived many industry changes, the “No Smoking” ban of 2004, the

4

economic recession of 2008-2011 and the impact of social media that has negatively

5

affected the industry. Nothing could have ever prepared me to lose nearly 5 months of

6

revenue due to a government mandated shutdown, the financial equivalent of over $500,000

7

in sales. The few weeks I was able to open barely scratched the surface when it came to

8

catching up on the mounting bills. My mortgage payments did not cease, my electric bills

9

did not stop, or any of my utility bills for that matter. My insurance companies did not stop

10

installments or did any of my business loans, music licenses, property tax or general

11

maintenance on my building. The only thing that stopped was my income and cash flow

12

and my ability to pay all of the above. I now have a business that for 18 years was profitable

13

and successful that I can now only compare to a broken-down car, worth pennies on the

14

dollar that I am still making payments on. I fear it will be years before I could ever

15

successfully try to even sell my license and business for even half the value it was before

16

this mandated shutdown. Who would want to buy a business that was one of the most

17

impacted and arbitrarily discriminated against during this pandemic, no matter how

18

successful it was before Covid?

19

9.

While I am fortunate to be in a County that has met the August 10 benchmarks

20

to open with very strict guidelines (that do not apply to my competitors with different

21

license numbers), I do not believe it is sustainable for very long and my fear is I will have

22

to close permanently sometime in the months ahead. My place is one that people come to

23

dance at, it is what I am known for, and no opportunity has been given to allow dancing

24

with specific mitigation requirements (i.e.: Mask requirements and distancing). I have

25

missed out on nearly the entire tourist season in my area that I rely on to get through the

26

slower months. I have lost customers to series 12’s where they have made friends and

27

gotten to know the staff. Nothing can ever un-do the damage that has been done to my

28

livelihood and the livelihood of my entire staff, DJ’s and musicians that all rely on me and
6

 1
2

my business.
I declare under penalty of perjury that the foregoing is true and correct.

3
4

DATED this 23rd day of August, 2020.

5
6
7

Matthew Brassard
Matthew L. Brassard

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7

 Exhibit 

1
2
3
4
5
6
7

Ilan Wurman (#034974)
Sandra Day O’Connor College of Law
Arizona State University
111 E. Taylor Street
Mail Code 9520
Phoenix, AZ 85004-4467
Telephone: 480-965-2245
ilan.wurman@asu.edu
Attorney for Plaintiffs

8

SUPERIOR COURT OF ARIZONA

9

MARICOPA COUNTY

10

JAVIER AGUILA, et al.,
Plaintiffs,

11
12
13
14
15
16
17

vs.
DOUG DUCEY, in his individual
capacity, and in his official capacity as
the Governor of the State of Arizona;
THE ARIZONA DEPARTMENT OF
HEALTH SERVICES; and THE
ARIZONA DEPARTMENT OF
LIQUOR LICENSES AND
CONTROLS,

20

Declaration of Eva Stapleton

Defendants,

18
19

CASE NO: ______

and
THE STATE OF ARIZONA,
Real Party-in-Interest.

21
22
23
24
25
26
27
28

1.

I, Eva Stapleton, declare as follows:

2.

I am over the age of 18 and have personal knowledge of the information set

forth in this declaration.
3.

I am a plaintiff in this action. I own Dirty Blonde Tavern in Chandler. I

have a Class 6 liquor license and have been closed on and off for roughly 10 weeks.

 1

4.

We have reduced capacity to less than half (normally it was 100). We

2

reduced the hours to close at 9 pm during the week and 10 pm on the weekend. We have

3

hand sanitizer by the front door and in the hallway, sanitizer station for all pens, menus,

4

etc. that anyone would touch. We have pulled all but 6 chairs from the bar (normally 20).

5

We have signs posted at all entrances stating masks must be worn when not seated (and

6

will provide them if necessary). We have told ALL guests that they are REQUIRED to

7

order food. We have every other table closed off and have signs telling people no

8

standing at the bar. We have cancelled all Karaoke, Live Music, Trivia, covered pool

9

table, have shut off the darts and golden tee games.

10

5.

When Governor Ducey ordered us closed at the end of June my liquor

11

Agent from Arizona Liquor Industry Consultants called to inform me that we could be

12

open if we operated as a restaurant. She did not have a name of a DLLC Agent so I

13

chose to remain closed until I could speak to one directly. I Spoke to DLLC

14

Agent/Detective Adam (did not catch last name) the first or 2nd week of July when we

15

were closed. He also stated that if we were operating as a “Restaurant” we could

16

remain open. I have had a full kitchen with a four page menu since I opened on

17

January 1st 2015. Our kitchen was always open until midnight and we were open until 2

18

am. (When we reduced our hours we had everything close at the same time, 9 or 10

19

pm). He would not give me any specific information about what we were allowed or

20

not allowed to do, just stating that it was “at my discretion” and if they had a

21

complaint they would send someone in to look and determine if THEY thought I was

22

operating as a bar or restaurant. He did say they were “not allowed” to give us any

23

specific information such as how much food I must sell, but again, stated it was at my

24

discretion. The only difference between my $75,000 (prices vary) Class 6 Bar license

25

and a $2500 Class 12 Restaurant License is that I do not get audited yearly on my food

26

sales (theirs are required to be 40% food to 60% alcohol) and I was able to sell alcohol

27

to-go (which I never did because I did not want the liability of it). The Governor’s office

28

has now allowed ALL restaurants to sell alcohol to go and I know for a fact they will
2

 1

not meet that food standard since at every neighborhood “Restaurant/bar” I have

2

been in I do not even see people eating. The Liquor Board has actually told my fellow

3

bar owners that they are not interested in seeing what the Class 12 establishments are

4

doing.

5

6.

A DLLC Agent came in at 7pm last night (8/21/20) and told me they had a

6

complaint and that was the only reason why he was here. He said looking around he

7

would consider it a bar not a restaurant as we have about equal high-top to low top tables

8

(high top being bar), music from jukebox was semi-loud, and I have a lot of large screen

9

TV's. He said he noticed I had every other table closed off, almost all chairs removed

10

from bar, pool table covered, and golden tee shut off. He said he didn't see a whole lot of

11

people eating though. I offered to bring him in the kitchen to look at all the tickets or go

12

through the closed out or open checks since I have told all employees that guests are only

13

allowed 2 drinks and then are Required to order food or leave. He said he didn't need to do

14

that. I asked him what I could possibly do to be more of a restaurant. I can't go buy a

15

bunch of low top tables. He said nothing really. He said I could only have up to 49 people

16

in the bar (capacity is 100). There were maybe 25-30 people and that is typical unless I

17

had a band or UFC. We are a small neighborhood bar so it's mainly regulars and people

18

who live within 3 miles. He didn't tell me to close, just that he would have to come back at

19

some point soon and if I was still open he would have to suspend my license.

20

7.

I personally have been to a Class 12 Restaurant on Chandler/Kyrene that has

21

Live Music and Pool tables open. I have been to a Class 12 Restaurant at Ray/ Rural

22

that is openly advertising on a Facebook page stating Saturday Night Club Night. They

23

are packed and not social distancing. I have been to a Class 12 Restaurant at

24

Chandler/48th Street on a Tuesday that was packed, full bar, all tables full, not social

25

distancing and having Trivia. A man at the bar told me "this was the busiest it's every

26

been and you should see Karaoke on Saturdays". I have been to a Class 12 Restaurant

27

at Ray/101 that had a full bar of people, and all tables and chair seated. (I saw that

28

personally but was also informed by a friend who knows the owner that they have
3

 1

NEVER shut down this entire time because the owner "knows someone"). I have been

2

to a very small Class 12 Restaurant on Greenfield/Warner that had a full bar, no social

3

distance. I have a really hard time understanding why, if Governor Ducey and ADHS

4

are actually concerned about Covid-19, that they are allowing these establishments to

5

now operate as full bars while we remain limited to take out only. Why is there not the

6

same uniform standard for all bars and restaurants? If it made a shred of common

7

sense I could get behind it. But when he/they are allowing neighborhood

8

restaurant/bars to operate at FULL capacity, have bar games, Karaoke, Trivia and Live

9

music how is that helping do anything except put others out of business? There are

10

only so many loans and grants you can get before the money runs out. In fact, why is

11

ADHS telling "Bars" that we have an even more stringent set of guidelines than the

12

ones already set by the State of AZ and the CDC? And yet, most of us are not even

13

sure what those are.

14

8.

I have taken photos at Tukee's in Ahwatukee, Lucky Lou's in Chandler, and

15

Rick's Pub in Chandler (who is posting about their Saturday Club Night). The first two

16

pictures were taken by my bartender on August 14, at 10:58 PM. I saw the pictures on her

17

phone with that timestamp. I recognize the location as Rick’s Pub. The second two photos

18

I took at Lucky Lou’s in Chandler on August 12. The final picture I took myself at

19

Tukee’s in Ahkatukee in August 11. As you can see, there is alcohol being served in all of

20

these location. These locations have bars even though they have series 12 licenses.

21
22
23
24
25
26
27
28
4

 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

9.

I realize that because of this Pandemic almost everyone has had various

26

problems, financial or otherwise. My sales went down drastically as did many other

27

businesses. I am not asking for SPECIAL treatment. I am asking that we be treated the

28

SAME as the other Class 12 Establishments that are allowed to remain open for no reason
5

 1

other than they have a different (and much less expensive) license than we do. I am asking

2

that they be held to the same standards as we are not a different set of standards. If we

3

can't have Live Music, why can they? The same with Karaoke, Trivia, Parlor Games, etc.

4

Please, enough with the double standards, they are only causing problems. I know for a

5

fact there are Class 12 restaurant/bars calling the Liquor Board on Class 6 bars with the

6

sole purpose of having them closed. Just so that the guests from those bars will go down

7

the street to theirs.

8

10.

For me to do take-out only is not worth being open. I pay my cooks $16-

9

$21/hour, the bartender $9/hour (to answer the phone and run the computer). My rent is

10

roughly $7500/month, SRP $2500 last month, Direct TV $800, SW Gas $400, Century

11

Link $165. Then throw in Liability and Workman’s Comp Insurance. These bills are not

12

stopping. Payroll (if there is any). I feel my liquor license, that used to be worth a lot, is

13

now worth nothing. I do not know how much longer I will be able to remain in business. I

14

am still applying for other grants and loans through the County and City so if they are

15

given to me I can hold out a few more months. And what happens when Flu Season hits?

16

I declare under penalty of perjury that the foregoing is true and correct.

17
18

DATED this 22nd day of August, 2020.

19
20
21

Eva Stapleton
Eva Stapleton

22
23
24
25
26
27
28
6

 Exhibit 

1
2
3
4
5
6
7

Ilan Wurman (#034974)
Sandra Day O’Connor College of Law
Arizona State University
111 E. Taylor Street
Mail Code 9520
Phoenix, AZ 85004-4467
Telephone: 480-965-2245
ilan.wurman@asu.edu
Attorney for Plaintiffs

8

SUPERIOR COURT OF ARIZONA

9

MARICOPA COUNTY

10

JAVIER AGUILA, et al.,

11
12
13
14
15
16
17
18

Plaintiffs,
vs.
DOUG DUCEY, in his individual
capacity, and in his official capacity as
the Governor of the State of Arizona;
THE ARIZONA DEPARTMENT OF
HEALTH SERVICES; and THE
ARIZONA DEPARTMENT OF
LIQUOR LICENSES AND
CONTROLS,

Declaration of Larry Wendt

Defendants,

19
20

and

21
22

CASE NO: ______

THE STATE OF ARIZONA,
Real Party-in-Interest.

23
24
25
26
27
28

1.

I, Larry Wendt, declare as follows:

2.

I am over the age of 18 and have personal knowledge of the information set

forth in this declaration.

 1

3.

I am a plaintiff in this action. I own The Buffalo Chip Saloon & Steakhouse,

2

Cowpunchers LLC. I have a class (6) License #06070277. I closed to takeout only on March

3

16, 2020 to May 15, 2020, closed for curfew at 8pm from May 31, 2020 to June 8, 2020,

4

closed completely on July 9, 2020 to current.

5
6
7
8

4.

Prior to June 29, 2020, I posted the following signage at all entrances and set

up the following sanitation and operations protocols:
A. Asked all staff and customers to stay home if they had COVID
symptoms or felt uncomfortable coming to The Buffalo Chip.

9

B. Revised all seating and standing capacities by removing tables &

10

chairs and instructing customers to distance. Indoor and outdoor

11

capacities were reduced by 67%.

12
13
14
15
16
17
18
19

C. Served all drinks in covered plastic disposable cups with lids and
wrapped straws.
D. Served all food in single use disposable, covered containers for on site
or off site consumption.
E. All eating utensils and condiments served in wrapped or portion
controlled packets.
F. Underwent complete kitchen remodel with installation of heated
serving units and N.S.F. sneeze guards in all service areas.

20

G. All staff required to wear face masks.

21

H. Scanned temperature of staff each shift prior to working and scanned

22
23
24

customers before entering.
I. Prepared and encouraged “to go” meal and drink kits for off-site
consumption.

25

J. Reduced hours of operation from 10am-2:30am daily to 10am-8pm.

26

K. Eliminated ALL entertainment including special events, bull riding,

27
28

live music and dancing, and gatherings over 50 people.
NOTE: The Buffalo Chip is in the small community of Cave Creek which
2

 1

had a small number of COVID cases and deaths.

2

Staff was encouraged to get tested for COVID if they had symptoms or

3

were worried about contracting COVID. Out of 77 staff, ZERO tested

4

positive.

5

To our knowledge, no customer of The Buffalo Chip has contracted

6

COVID.

7

The Buffalo Chip has a 1,580 square foot commercial kitchen and holds

8

(3) MCESD Licenses including eating & drinking, off-site catering, and

9

outdoor grilling.

10

80% of seating at The Buffalo Chip is in outdoor/covered areas.

11
12

5.

Only July 8, 2020, Liquor Control Detective Mark Ramirez came to The

13

Buffalo Chip and observed operations for about 25 minutes until I could arrive and meet

14

with him. He introduced himself and said “I’ve got some bad news for you, you are going

15

to have to close by tomorrow to comply with Governor Ducey’s order.” I said “as you can

16

see the (3) customers in here are eating and drinking and in fact, they all (3) are working

17

here. I have a full commercial kitchen, follow COVID guidelines, and average 57% sales

18

of food for the past year. I have point of sales reports for you to look at to prove this.” I am

19

attaching my sales report to this declaration.

20

6.

Detective Ramirez replied “I was in last Saturday night, under cover, and I

21

saw you were following the rules. It has nothing to do with how much food you sell or if

22

you have masks and distancing. It is being enforced by the DLLC and Governor because

23

you are a Class 6 License.” I explained that “other Class 6’s” throughout the area were

24

completely open and that I had received no prior notice or warning I was going to be closed.

25

He asked if I intended to comply and I explained “I had no choice if you intend to suspend

26

my license.” He reinforced they would. I asked if I would receive anything formally to

27

document closing and he said “no, but I’ll come back Monday to make sure you are closed.”

28

7.

We completely closed on July 9th, 2020 and remain closed. It is not cost
3

 1

effective to open for takeout only, when 20 of 27 eating and drinking establishments in

2

Cave Creek were allowed to stay open and serve food and drink, with live entertainment,

3

indoors, for extended hours. I have included photographs of some of these establishments.

4

8.

Handle Bar J’s Bar and Grill in Scottsdale is a direct competitor and friend.

5

They are a class 6 establishment and offer BBQ, beer, wine, and liquor at a full bar, and live

6

entertainment, including live music and dancing. They have not been ordered to close as of

7

August 15,2020. We share the same customer base and COVID risks. I have attached

8

photographs and evidence.

9

9.

1. From January 1, 2020 to March 19, 2020 while The Buffalo Chip was open

10

without Coronavirus sanctions, we grossed $1,725,116.03 in 2 ½ months.

11

From March 20, 2020 to May 15, 2020 while The Buffalo Chip was under

12

Governors Sanctions, we grossed $164,828.06 in 2 ½ months (A loss of

13

$1,560,287.97).

14

2. We have not opened or sold any food or beverage since July 9, 2020.

15

During this same period, during 2019, we grossed approximately

16

$878,000.00.

17

I estimate we have lost 2.6 million dollars so far.

18

3. Our Class 6 license has decreased severely in value because of the sanctions

19

and the Governor allowing Class 12’s the same privileges a Class 6 had

20

without the sanctions including “to go” liquor.

21

4. I still pay mortgage, utilities, insurance, taxes and employee benefits of

22

about $2,000.00 per day to keep the business legitimate. Otherwise, I will lose

23

the entire value of the business I built over 22 years and spent my entire life

24

savings to purchase.

25
26
27

10.

We are at risk of being able to reopen now and I estimate within 3 weeks, I

will be forced to close permanently.
I declare under penalty of perjury that the foregoing is true and correct.

28
4

 1

DATED this 21st day of August, 2020.

2
3
4

Larry Wendt
Larry Wendt

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5

 
?gs/aw; A 3 7//b gram 
5(6) 773%! 7 275.? 

 

DINNER MENU HAPPY HOUR

 

BECOME AN STAR Receive updates on special events, new menu items, menu reviews, and morel

 

Write a Review, Win 8500! Help guests by leaving a review of your favorite dishes. Be entered in a drawing to win
8500 on 9/1.

Come enjoy one of the best happy hours in Scottsdale!
Wednesday-Saturday 3-5pm. (bar area and patio only.)
(Times could vary due to Covid issues)

No substitutions on HH menu. HH is available for dine-in only!

Hours

Handlebar BBQ Restaurant Bar

Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday

Suggest an edit

Happy hours

Closed
Closed

4130?1 1 PM
4:30?11 PM

Closed

4-7PM

Updated by business 3 days ago





a





 

Home Reviews Photos Posts Videos 

 

Handlebar added a 30 photo 
?My feeling lucky.

Aug 7 E9
Live Music Tonight. The Ray Gary Show. 7:30?10ish

Call Now

 

All Hours

Return to Analytics Reports 

Sales Summary

 

Sales Summary



0
r33 30 107,0

Day of Week
5.0 .
0

Net Sales
Gratuity

Tax Amount

Tips

Tips Withheld
Deferred (Gift Cards)

Total Amount

Sales Category
Merchandise
Beverages
Events VIP
Wine

Draft Beer
Bottled Beer
Liquor

Food

No Sales Category Assigned

Revenue Centers
Wagon Camp
Church

Dining Room
Patio

Bar

Dining Option
Dine In

Phone Take Out
Walk in To (30

None

Tax Rate
Sales Tax

Non Taxable

Discount

15% Discount

Manager Comp 100% (item)
Employee Discount (Check)
Manager Comp 100% (Check)

Orders

Order Details

Items
54
536

23
572
536
549

1.157

12

Items
120
111
1,200
491
1,519

Orders
693

3

2

1

Tax
$2,257.64



Count

45
26

Time of Day

All Employees 

More 

Update

 

 

 

 

Payments Shifts Cash Activity Audit Cash Drawer History
?6 ?1 9 (L (l r25) rL'\ q} 7,6 17:1 1% 
Order Amount
324'468'63 Expected Closeout Cash (D 51964.07
$0.00 . .
Actual Closeout Cash (D '1 $1,961.58
$2,257.54 .
Cash OveragelShortage 452.49
$3,821.93
Expected Deposit (D $1,961.58
$0.00
Actual Deposit (D - ?1 $1381.25
$100.00 5
Deposit Overa eIShorta 19.67
$30,548.20 9 9 1 1
Total Cash Payments $5,786.00
Net
- Cash adjustments
$1,059.99 I -$2.49
(Excludes tip outs and cash collected)
$1,046.00 .
Cash before Tipouts $5,783.51
$246.66 .
- Cash gratUIty $0.00
159.62
- Credit/Non-Cash gratuity $0.00
$3,536.37 . 
Credit/Non-Cash tips -$3.821.93
$2,684.18
Total Cash $1,961.58
$4,400.77
$11250? Count Amount Tips Grat Tips/Grot Total
57593 Credit 455 $20,790.27 $3,321.93 $0.00 20.02. $24,512.20
Amex 18 $1,199.05 $260.51 $0.00 23.7% $1,459.56
Net
Discover 10 $641.51 $103.29 $0.00 17.6% $744.80
$811.44
Mastercard 71 $3,020.03 $622.02 $0.00 22.5% $3,642.05
$847.24
Visa 356 $15,929.68 $2,836.11 $0.00 19.4% $18,765.79
$8,865.91
Gift Card 2 $250.00 $0.00 $0.00 0.0% $250.00
$3,551.91
Cash 252 $5,786.00 (9 $0.00 $0.00 0.0% $5,786.00
10,392.13
5 Other 0 $0.00 $0.00 $0.00 0.0% $0.00
Subtotal 719 $26,826.27 $3,821.93 $0.00 19.7% $30,648.20
Net Sales
Refunds -$200.00
$24,344.43 
2
$70.22
$53.98 TOTAL Quick Service Table Service
5000 Net Sales: $24.468.63 $11,045.95 $13,422.65
of Total: 45.14% 54.86%
Net Total Guests: 1,157 1161 696
$24,268.63 of Total: 39.84% 60.16%
5200.00 Avg/Guest: $21.15 $23.96 $19.29
Total Payments: 719 452 267
Amount of Total: 62.87% 37.13%
$1.55 Avg/Payment: $37.31 $26.89 $54.95
$10-98 Total Orders: 599 455 243
$306.37 2. of Total: 55.24% 34.76%
5482-98 Avg/Order: $35.01 $24.22 9 Chat With an Ex995124

 Return to Analytics Reports 

Sales Summary

 

Sales Summary




Day of Week
so

Net Sales

Gratuity

Tax Amount



Tips Withheld
Deferred (Gift Cards)

Total Amount
Unpald Amount

Sales Category
Merchandise
Beverages
Events VIP
Wine

Draft Beer
Bottled Beer
Liquor

Food

No Sales Category Assigned

Revenue Centers
Skybox

Pavilion
Merchandise
Buffet Bar
Wagon Camp
Suites

Church

Dining Room
Patio

Bar

Option
Dine ln

Phone Take Out
Walk In To Go

None

Tax Rate

Orders

 

 

 

 

All Hours All Employees More Update
Order Details Payments Shifts Cash Activity Audit Cash Drawer History

\6 (l r29 (16 1'2. rib 151 7:1 (-ch of) 75K 17?30?
Time Of Day Order Amount

498,979.08
3 Expected Closeout Cash (D $38,915.81
$4,217.79 7 
Actual Closeout Cash .D $39,066.72
$46,431.32 Ll 
Cash OveragelShortage I $150.91
$79,750.74
Expected Deposit '7 $39,066.72
$0.00 A I 6) I 7 
ctua Deposit $38,782.50
$150.00 .
De osit Overa elShorta a $284.22
$629.528.93 9
Total Cash Payments $122,874.14
$376.22
Cash adjustments
$1,055.82
(Excludes tip outs and cash collected)
Items Net
Cash before Tipouts $123,929.96
576 $12,017.51
- Cash gratuity -$155.15
10,040 $17,474.99
- Credit/Non-Cash gratuity $4,062.64
391 $13,096.79
- Credit/Non-Cash tips 
642 $4,550.93
Total Cash $39,961.55
8,356 $52,834.58
20,733 101,721.52 .
Count Amount Tips Gret TIps/Gret Total
21,424 170.521.25
Credlt 13,792 $422,110.04 $79,750.62 $4,051.81 21.6% $505,912.47
13.719 $126,198.43
Arnex 549 $23,269.20 $4,488.10 $299.65 22.5% $28,056.95
54 $563.08 
Discover 175 $4,802.03 $861.54 $42.61 20.5% $5,706.18
It Mastercard 1,730 $59,857.02 $12,135.64 $513.11 23.1% $72,505.77
ems 
Visa 11,338 $334,181.79 $62,265.34 $3,196.44 21.3% $399,643.57
481 $7,309.54
Gift Card 17 $320.98 $0.00 $0.00 0.0% $320.99
658 $9,059.24
Cash 8,378 $122,718.99 $0.12 $155.15 0.1% $122,874.26
230 $4,711.06
Other 3 $59.17 $0.00 $10.83 20.0% $70.00
3.958 $23,789.23
VIP Deposit Redeem 3 $59.17 $0.00 $10.83 20.0% $70.00
5.219 $32,650.10
Subtotal 22,190 $545,209.18 $79,750.74 $4,217.79 21.6% $629,177.71
841 56.56820
Refunds -$105.00
12.730 $77,120.53
Refunds In Range -$25.00
12,095 $83,722.47
Total Payments $629,072.71
6.864 $45,738.72 4
2
32,858 $208,309.89
TOTAL Quick Service Table Service
Orders Net Sales Net Sales: $498,979.08 $312,776.80 $186,202.28
21,252 $498,017.94 of Total: 62.68% 37.32%
24 $956.11 Total Guests: 27,874 17,783 10,091
1 $5.03 of Total: 63.80% 36.20%
3 $0.00 Avg/Guest: $17.90 $17.59 $18.45
Total Payments: 22,190 17,531 4,659
TEX Net '37, of TotaI: 79.00% 21.00%
$46,431.32 $498,979.06 Avg/Payment: 3245-,- 31929 9 Chat with an 

Sales Tax

Sales 03-20-2020 05-15-2020

 

 

 

 

 

 

All Hours All Employees More Update
Return to Analytics Reports 
Sales Summary Orders Order Details Payments Shifts Cash Activity Audit Cash Drawer History
Sales Summary
401'th r13) :50 . 11079 ?rib If.) r? $9
09?? 
Day of Week Time of Day Order Amount
50Net $131363? Expected Closeout Cash $22,765.88
$12 Actual Closeout Cash 6) 0-7 $22,917.78
. - Cash Garage/Shortage 1: 55 $151.90
Tips 52028160 Expected Deposit CD 1 $22,917.78
Tips Withheld 30-00 Actual Deposit (D 522,992.45
Deferred (Gift Cards) $525.00 
Total Amount $164,828.06 Deposit Overase/Shortase /1/lj-OC1 LG 0 an . $74.67
Sales Category Items Net Total Cash Payments $42,983.47
Merchandise 242 $4,336.68 caSh adjusmems $151.90
(Excludes tip outs and cash collected)
Beverages 1,939 $4,475.06 Cash before Tipouts ?3.13537
Offsite Catering 1 $5.00 Cash gratuity $3.33
Events 8? VIP 41 $427.62 - Credit/Non-Cash gratuity '52-93
Wine 225 $1724.46 - Credit/Non-Cash tips '520287-50
Draft Beer 2,517 $14,401.49 Total Cash $22,836.51
Bottled Beer 3,815 $18,453.35
Liquor 3'945 $32853]? Count Amount Tips Grat Tips/Gret 14 Total
Food 5,976 $51,212.47 Credit 3343 3101339531 $20,287.60 $2.93 21.8% $121,680.44
No Sales Category Assigned 507 $3,873.69 Amex 205 $7,511.99 $1,739.95 $000 253% 59125194
Discover 37 $1,201.72 $240.77 $0.00 21.8% $1,442.49
Revenue Centers Items Net Mastercard 451 $13,760.42 $2,980.65 $1.10 235% 516,742.17
Merchandise 7.489 $54,755.68 Visa 2.650 $78,915.78 31532623 $1.83 212% $94,243.84
8mm Bar ('25 $1603? Gift Card 5 $164.15 $0.00 $0.00 0.0% $164.15
wag? camp 506 $339180 Cash 2,445 $42,975.14 $0.00 $8.33 0.0% $42,983.47
ChurCh 1'5? 39?092'95 Other 0 $0.00 $0.00 $0.00 0.0% $0.00
Dining Rm? 2'563 $11458!? Subtotal 5,796 $144,529.20 $20,287.60 $11.26 21.8% 315482806
Patio 1,203 $8,250.09 Refunds $3,170.00
Bar 5,484 $35,942.65 
No Revenue Center 21 $262.84
TOTAL Oulck Service Table Service
Orders Sal? Net Sales: $131,763.59 $110,553.09 $21,200.50
Dine In 5551 $128,383.26 of Total: 83.91% 16.09%
Phone Take Out 73 5129515 Total Guests: 5.351 5.327 1034
Walk In To Go 1 $84.17 19 of Total: 83-74% "525%
None 3 $0.00 Avg/Guest: $20.71 $20.76 $20.50
Total Payments: 5.796 5,248 548
Tax Rate Tax Net of Total: 90.55% 9.45%
Sales Tax $12,240.61 $131,608.59 Avg/Payment: $24.94 $23.12 $42-28
Non Taxable $155.00 Total Orders: 5,743 5.290 453
of Total: 92.11% 789%
Service Charge Count Amount Avg/0rd," $22.94 $20.90 0 Chat With an 3956130

All Hours All Employees More Update

Sales 01-01-2020 03-19-2020

Return to Analytics Reports 

 

Sales Summary Orders Order Details Payments Shifts Cash Activity Audit Cash Drawer History
Sales Summary
(2910 '5 ?3 ?1 Q) If.) (1 ?9 if?) (fa rL?i r2521 (2910 ii 15 \0 \51 \93 19 17,6
318
. ?0?6
Q6
Day of Week Time of Day Order Amount
1Net Sales 1,362,920.22
Expected Closeout Cash $163,886.59
Gretuit $45,583.77 *7 
Actual Closeout Cash (9 L) 0 Liq 2(5) $164,131.59
Tax Amount $126,640.42 -
Cash average/Shortage $245.00
Tips $157,961.62 
Expected Deposit (D "7 5 $164,131.59
Tips Withheld $0.00 
Actual Deposit G) - $167,869.65
Deferred (Gift Cards) $600.00
Deposit Overage/Shorlage $3,738.06
Deferred (Other) $31,410.00
TORI Amount $1'725'116'03 Total Cash Payments $371,537.52
id A 98 40 - Cash adjustments $3 278 49
mount 5,6 . - . .
(Excludes tip outs and cash collected)
Cash before Tipouts $368,259.03
Sales Category Items Not
- Cash gratuity 
Merchandise 2,000 $51,039.53
- Credit/Non-Cash gratuity 
Beverages 11,386 $35,034.78
- Credit/Non-Cash tips $157,945.62
Events 8: VIP 7,944 $148,838.31
Total Cash $164,709.64
Wine 3,788 $28,307.89
Draft Beer 25,101 $148,939.04 Count Amount Tips Gret Tips/Grat 96 Total
B?m'w Beer 43?878 5203'512'98 Credlt 29,426 $1,126,129.89 $157,937.12 $39,538.03 191% $1,323,605.04
43,794 363,504.74
5 Ame), 1,810 $132,501.14 $15,099.28 38.99721 19-13% 956597-53
45,836 383,742.95
0? 5 Discover 570 $18.053.66 $2,787.40 $90.11 17.3% $20,931.17
Masterca rd 4,287 $208,481.85 $27,367.29 $9,704.36 19.4% $245,553.50
Revenue Centers Items Net
Visa 22,759 $767,093.24 $112,583.15 $20,746.35 18.9% $900,522.74
Skybox 2,852 $32,991.07
Gift Card 32 $660.29 $8.50 $0.00 1.4% $668.79
Pavilion 6,387 $83,359.05
Cash 21,999 $369,995.17 $16.00 51,542.35 0.5% $371,553.52
Merchandise 1,286 $32,480.80
Other 177 $24,836.84 $0.00 $4,523.39 19.9% $29,360.23
Buffet Bar 10,116 $60,280.28
Deposit Redeem 39 $10,947.08 $0.00 $2,003.15 20.0% $12,950.23
Wagon Camp 17,710 $91,124.64
VIP Deposit Redeem 138 $13,889.76 $0.00 $2,520.24 19.8% $16,410.00
Suites 3,677 $26,842.22
Subtotal 51,634 $1,521,622.19 $157,961.62 $45,603.77 19.1% 51.725.187.58
Church 26,955 $212,394.43
Refunds 
Dining Room 27,767 $234,981.54
Refunds In Range 
Patio 21,146 $161,580.09
Total Payments $1,722,235.94
Bar 65,619 $426,786.10
I I
Dining Option Orders Net Sales TOTAL Quick Service Table Service
Dine In 48,618 $1,362,590.98 Net Sales: $1,362,920.22 $877,322.62 $485,597.60
Phone Take Out 7 5129.69 76 of Total: 64.37% 35.63%
Walk In To Go 10 $199.55 Total Guests: 67,915 40,581 27,334
of Total: 59.75% 40.25%
Tax Rate Tax Net Avg/Guest: $20.07 $21.62 $17.77
Sales Tax $126,640.42 $1,362,235.70 Total payments: 51,634 40,441 11,193
Non Taxable NIA $684.52 of Total: 73.32% 0 Chat with an Expegtm

 

 

Exhibit 

 Centers for Disease
we tr Io: dPre t"
vnIon

Coronavirus Disease 2019 

Considerations for Restaurants and Bars
Considerations for Restaurants Bars

Updated July 17, 2020 Print

As restaurants and bars resume operations in some areas of the United States, CDC offers the following considerations for
ways in which operators can protect employees, customers, and communities and slow the spread of Restaurants
and bars can determine, in collaboration with state and local health officials, whether and how to implement these
considerations, making adjustments to meet the needs and circumstances of the local community. Implementation should be
guided by what is feasible, practical, acceptable, and tailored to the needs of each community. These considerations are
meant to supplement?not replace?any state, local, territorial, or tribal health and safety laws, rules, and regulations with
which businesses must comply.

Guiding Principles to Keep in Mind

The more an individual interacts with others, and the longer that interaction, the higher the risk of spread. The risk
of 9 spread increases in a restaurant or bar setting as follows:

. Lowest Risk: Food service limited to drive-through, delivery, take-out, and curb-side pick up.

0 More Risk: Drive-through, delivery, take-out, and curb-side pick up emphasized. On-site dining limited to outdoor
seating. Seating capacity reduced to allow tables to be spaced at least 6 feet apart.

. Even More Risk: On-site dining with both indoor and outdoor seating. Seating capacity reduced to allow tables to be
spaced at least 6 feet apart.

0 Highest Risk: On-site dining with both indoor and outdoor seating. Seating capacity not reduced and tables not spaced at
least 6 feet apart.

COVID-19 is mostly spread by respiratory droplets released when people talk, cough, or sneeze. It is thought that the virus
may spread to hands from a contaminated surface and then to the nose or mouth, causing infection. Therefore, personal
prevention practices (such as handwashing, staying home when sick) and environmental cleaning and disinfection are
important principles that are covered in this document. Fortunately, there are a number of actions operators of restaurants
and bars can take to help lower the risk of exposure and spread.

Promoting Behaviors that Reduce Spread

Restaurants and bars may consider implementing several strategies to encourage behaviors that reduce the spread of COVID-
19 among employees and customers.

I Staying Home when Appropriate
0 Educate employees about when they should stay home and when they can return to work.
I Actively encourage employees who are sick or have recently had a close contact with a person with COVID-19
to stay home. Develop policies that encourage sick employees to stay at home without fear of reprisal, and
ensure employees are aware of these policies.

I Employees should stay home if they have tested positive for or are showing 

I Employees who have recently had a close contact with a person with should also stay home and
monitor their health.

I CDC's criteria can help inform when employees they may return to work:
I If they have been sick with 9
1/6

I If they have recently had a close contact with a person with 9

0 Hand Hygiene and Respiratory Etiquette
Require frequent employee handwashing before, during, and after preparing food; after touching garbage)
with soap and water for at least 20 seconds and increase monitoring to ensure adherence.

0 Encourage employees to cover coughs and sneezes with a tissue. Used tissues should be thrown in the trash and
hands washed immediately with soap and water for at least 20 seconds.
I If soap and water are not readily available, use hand sanitizer that contains at least 60% alcohol.

- Cloth Face Coverings
0 Require the use of cloth face coverings among all staff, as feasible. Face coverings are most essential in times when
physical distancing is difficult. Information should be provided to staff on proper use, removal, and washing of cloth
face coverings.
I Note: Cloth face coverings should not be placed on:
I Babies and children younger than 2 years old

I Anyone who has trouble breathing or is unconscious
I Anyone who is incapacitated or otherwise unable to remove the cloth face covering without assistance

0 Cloth face coverings are meant to protect other people in case the wearer is unknowingly infected but does not
have Cloth face coverings are not surgical masks, respirators, or personal protective equipment.

- Adequate Supplies
0 Ensure adequate supplies to support healthy hygiene behaviors. Supplies include soap, hand sanitizer containing at
least 60% alcohol (placed on every table, if supplies allow), paper towels, tissues, disinfectant wipes, cloth face
coverings (as feasible), and no-touch/foot pedal trash cans.

- Signs and Messages
0 Post signs in highly visible locations at entrances, in restrooms) that promote everyday protective measures
and describe how to stop the spread of germs such as by properly washing hands and properly wearing a
cloth face covering .

0 Include messages (for example, videos) about behaviors that prevent spread of 9 when communicating
with vendors, staff, and customers (such as on business websites, in emails, and on social media accounts).

0 Find free CDC print and digital resources at the bars and restaurant page, as well as on CDC's communications
resources main page.

Maintaining Healthy Environments

Restaurants and bars may consider several implementing strategies to maintain healthy environments.

0 Cleaning and Disinfection
0 Clean and disinfect frequently touched surfaces door handles, cash registers, workstations, sink handles,
bathroom stalls) at least daily, or as much as possible and as required by food safety requirements. Clean shared
objects payment terminals, tables, countertops/bars, receipt trays, condiment holders) between each use.
I Continue to follow all required safety laws, regulations, and rules.

I Use products that meet EPA disinfection criteria and that are appropriate for the surface. Allow the
disinfectant to remain on the surface for the contact time recommended by the manufacturer.

I Establish a disinfection routine and train staff on proper cleaning timing and procedures to ensure safe and
correct application of disinfectants.

I Wash, rinse, and sanitize food contact surfaces with an EPA-approved food contact surface sanitizer. If a food-
contact surface must be disinfected for a specific reason, such as a blood or bodily fluid cleanup or deep clean
in the event of likely contamination with use the following procedure: wash, rinse, disinfectant
according to the label instructions for the disinfectant, rinse, then sanitize with a food-contact surface
sanitizer.

I Ensure that cleaning or disinfecting product residues are not left on table surfaces. Residues could cause
allergic reactions or cause someone to ingest the chemicals.

0 Develop a schedule for increased, routine cleaning and disinfection.

0 Ensure safe and correct use and storage of disinfectants to avoid food contamination and harm to employees and
other individuals. This includes storing products securely away from children.

0 Use gloves when removing garbage bags or handling and disposing of trash. Wash hands after removing gloves. 2/6

5; VV I uu

- Shared Objects









Discourage sharing of items that are difficult to clean, sanitize, or disinfect.
Limit any sharing of food, tools, equipment, or supplies by staff members.

Ensure adequate supplies to minimize sharing of high-touch materials serving spoons) to the extent possible;
othenNise, limit use of supplies and equipment by one group of workers at a time and clean and disinfect between
use.

Avoid using or sharing items that are reusable, such as menus, condiments, and any other food containers. Instead,
use disposable or digital menus, single serving condiments, and no-touch trash cans and doors.

Use touchless payment options as much as possible, if available. Ask customers and employees to exchange cash
or card payments by placing on a receipt tray or on the counter rather than by hand to avoid direct hand to hand
contact. Clean and disinfect frequently touched surfaces such as pens, counters, or hard surfaces between use and
encourage patrons to use their own pens.

Use disposable food service items utensils, dishes, napkins, tablecloths). If disposable items are not feasible or
desirable, ensure that all non-disposable food service items are handled with gloves and washed with dish soap
and hot water, or in a dishwasher. Change and launder linen items napkins and tablecloths) after each
customer or party's use. Employees should wash their hands after removing their gloves or after handling used
food service items.

Avoid use of food and beverage utensils and containers brought in by customers.

- Ventilation

0

Ensure that ventilation systems operate properly and increase circulation of outdoor air as much as possible, for
example by opening windows and doors and prioritizing outdoor seating. Do not open windows and doors if doing
so poses a safety or health risk to customers or employees risk of falling or triggering asthma 

- Water Systems

0

To minimize the risk of Legionnaires? disease and other diseases associated with water, take steps to ensure that all
water systems and features sink faucets, decorative fountains, drinking fountains) are safe to use after a
prolonged facility shutdown.

- Modified Layouts and Procedures

0

0

Change restaurant and bar layouts to ensure that all customer parties remain at least 6 feet apart marking
tables/stools that are not for use).

Limit seating capacity to allow for social distancing.

Offer drive-through, curbside take out, or delivery options as applicable. Prioritize outdoor seating as much as
possible.

Ask customers to wait in their cars or away from the establishment while waiting to pick up food or when waiting to
be seated. Inform customers of food pickup and dining protocols on the business? website and on posted signs.

Discourage crowded waiting areas by using phone app, text technology, or signs to alert patrons when their table is
ready. Avoid using ?buzzers? or other shared objects.

Consider options for dine-in customers to order ahead of time to limit the amount of time spent in the
establishment.

Avoid offering any self-serve food or drink options, such as buffets, salad bars, and drink stations.

0 Physical Barriers and Guides



0

Install physical barriers, such as sneeze guards and partitions, particularly in areas where it is difficult for individuals
to remain at least 6 feet apart. Barriers can be useful in restaurant kitchens and at cash registers, host stands, or
food pickup areas where maintaining physical distance of at least 6 feet is difficult.

Provide physical guides, such as tape on floors or sidewalks and signage, to ensure that individuals remain at least
6 feet apart. Consider providing these guides where lines form, in the kitchen, and at the bar.

- Communal Spaces

0

Close shared spaces such as break rooms, if possible; otherwise stagger use and clean and disinfect between use.

Maintaining Healthy Operations

Restaurants and bars may consider implementing several strategies to maintain healthy operations.

- Protections for Employees at Higher Risk for Severe Illness from COVID-19

3/6

0 Offer options for employees at higher risk for severe illness (including older adults and people of all ages with
certain underlying medical conditions) that limits their exposure risk modified job responsibilities such as
managing inventory rather than working as a cashier, or managing administrative needs through telework).

Consistent with applicable law, develop policies to protect the privacy of persons at higher risk for severe illness in
accordance with applicable privacy and confidentiality laws and regulations.

. Regulatory Awareness
0 Be aware of local or state policies and recommendations related to group gatherings to determine if events can be
held.

. Staggered or Rotated Shifts and Sittings
Rotate or stagger shifts to limit the number of employees in the restaurant or bar at the same time.

Stagger and limit dining times to minimize the number of customers in the establishment.

0 When possible, use flexible worksites telework) and flexible work hours staggered shifts) to help establish
policies and practices for social distancing (maintaining distance of approximately 6 feet) between employees and
others, especially if social distancing is recommended by state and local health authorities.

- Gatherings
0 Avoid group events, gatherings, or meetings where social distancing of at least 6 feet between people cannot be
maintained.

0 Travel and Transit
For employees who commute to work using public transportation or ride sharing, encourage them to use
transportation options that minimize close contact with others walking or biking, driving or riding by car -
alone or with household members only) or consider offering the following support:
I Ask employees to follow the CDC guidance on how to Protect Yourself When Using Transportation.

I Allow employees to shift their hours so they can commute during less busy times.
I Ask employees to wash their hands as soon as possible after their trip.

- Designated Point of Contact
0 Designate a staff person for each shift to be responsible for responding to concerns. All staff members
should know who this person is and how to contact them..

0 Communication Systems
0 Put systems in place for:

I Consistent with applicable law and privacy policies, having staff self-report to the establishment?s point of
contact if they have of 9, a positive test for 9, or were exposed to someone
with within the last 14 days in accordance with health information sharing regulations for
see "Notify Health Officials and Close Contacts" in the Preparing for When Someone
Gets Sick section below), and other applicable privacy and confidentiality laws and regulations.

I Notifying staff, customers, and the public of business closures, and restrictions in place to limit
exposure limited hours of operation).

0 Leave (Time Off) Policies
0 Implement flexible sick leave policies and practices that enable employees to stay home when they are sick, have
been exposed, or caring for someone who is sick.
I Examine and revise policies for leave, telework, and employee compensation.

I Leave policies should be flexible and not punish people for taking time off and should allow sick employees to
stay home and away from co-workers. Leave policies should also account for employees who need to stay
home with their children if there are school or childcare closures, or to care for sick family members.

0 Develop policies for return-to-work after illness. CDC's criteria to discontinue home isolation can inform
these policies.

. Back-Up Staf?ng Plan
0 Monitor absenteeism of employees, cross-train staff, and create a roster of trained back-up staff.

. Staff Training
0 Train all employees in safety actions.

0 Conduct training virtually, or ensure that social distancing_is maintained during training.

- Recognize Signs and 
0 Conduct daily health checks temperature screening and/or or checking) of staff safely and
respectfully, and in accordance with any applicable privacy laws and regulations.

I Consider using examples of screening methods in General Business FAQs as a guide.
4/6

0 Support Coping and Resilience
I Promote employees eating healthy, exercising, getting sleep, and finding time to unwind.

I Encourage employees to talk with people they trust about their concerns and how they are feeling.
I Consider posting signs for the national distress hotline: 1-800-985-5990, or text TaIkWithUs to 66746

Preparing for Sick Employees

Restaurants and bars may consider implementing several strategies to prepare for when someone gets sick.

- Advise Sick Employees of Home Isolation Criteria
0 Communicate to sick employees that they should not return to work until they have met criteria to
discontinue home isolation.

0 Isolate and Transport Those Who are Sick
0 Make sure that employees know they should not come to work if they are sick, and they should notify their
manager or other designated point of contact if they become sick with test positive
for or have been_exposed to someone with or have been exposed to someone with 
or a confirmed or suspected case.

0 Immediately separate employees or customers with COVID-19 fever, cough, shortness of breath).
Individuals who are sick should go home or to a healthcare facility, depending on how sever their are,
and follow CDC guidance for caring for oneself and others who are sick.

0 Clean and Disinfect
0 Close off areas used by a sick person and do not use these areas until after cleaning and disinfecting them.

0 Wait at least 24 hours before cleaning and disinfecting. If 24 hours is not feasible, wait as long as possible. Ensure
safe and correct use and storage of cleaning and disinfection products including storing them securely away
from children.

0 Notify Health Officials and Close Contacts
0 In accordance with state and local laws, restaurant and bar operators should notify local health officials and staff
immediately of any case of 9 among employees, while maintaining confidentiality in accordance with the
Americans with Disabilities Act (ADA) .

Advise those who have had close contact with a person diagnosed with 9 to stay home and self-monitor for
and follow CDC guidance if develop. Critical infrastructure workers may refer to CDC
Guidance for Critical Infrastructure Workers, if applicable.

communication Resources
I RESTAURANTS AND BARS I
Reduce he 5 read of COV 
I ?9 [?tter for staff
RISK RISK
Huullme I
rJI'h-u- 5 "mm I
I'll-u a A
g, . .


INDWITER

 

  
  

Omdnu mi eating
least 6 Ieet aparl ll leasl Israel inan no milliclions

 

mutual-curt. 
u?u'mq. and and .IIH


5 Safety Steps for Staff
Restaurants and Bars: follow these
5 safety steps to keep us all
heakhy

Download - 290 

??ll?i KLISTEHEC FDH MEHAGERS
RESTAURANTS MID 



wra'trlil?'f- I-quIruIWI-w-r-ar-
(DI-I1 -lul?b'? Ilun

.u?pI-f?hh .mih?I-n-A
.- -1dl- damna- Farm-4m
u\ 

I: ?Inn-d Ihw .1 bugs-d

 

5km mm

Assess Your Risk
Use this graphic to assess risk

Download [image 586 

 



Letter to Staff Template
Send out a customized letter to
your staff to inform them about
steps taken to protect them.

Download 64 

5/6

 r,
Daily Checklist for

Managers of Restaurants

and Bars
Managers can use this helpful
checklist

Download page]

Other Resources

Cloth Face Coverings

I Require the use of cloth face coverings among all staff, as feasible. Face coverings are most essential in times when
physical distancing is difficult. Information should be provided to staff on proper use, removal, and washing of cloth face
coverings.

0 Note: Cloth face coverings should not be placed on:
I Babies and children younger than 2 years old

I Anyone who has trouble breathing or is unconscious
I Anyone who is incapacitated or othenNise unable to remove the cloth face covering without assistance

I Cloth face coverings are meant to protect other people in case the wearer is unknowingly infected but does not have
Cloth face coverings are not surgical masks, respirators, or personal protective equipment.

Adequate Supplies

I Ensure adequate supplies to support healthy hygiene behaviors. Supplies include soap, hand sanitizer containing at least
60% alcohol (placed on every table, if supplies allow), paper towels, tissues, disinfectant wipes, cloth face coverings (as
feasible), and no-touch/foot pedal trash cans.

Signs and Messages

I Post signs in highly visible locations at entrances, in restrooms) that promote everyday protective measures
and describe how to stop the spread of germs such as by properly washing hands and properly wearing a cloth face
covering .

I Include messages (for example, videos) about behaviors that prevent spread of COVID-19 when communicating with
vendors, staff, and customers (such as on business websites, in emails, and on social media accounts).

I Find free CDC print and digital resources at the bars and restaurant page, as well as on communications resources

main page.
I Latest COVID-19 information I COVID-19 Frequently Asked Questions
I Cleaning and Disinfection I Frequently Asked Questions for Businesses
I Guidance for Businesses and Employers I Persons at higher risk
I COVID-19 Prevention I Managing Stress and Coping
I Handwashing information I HIPAA and COVID-19 
I Face coverings I CDC communication resources
I Social Distancing I Community Mitigation

Last Updated July 17, 2020

6/6

Exhibit AA

A zo a
RESTAURANT INDUSTRY AT A GLANCE

Restaurants are a driving force in Arizona?s economy. They provide jobs and build careers for
thousands of people, and play a vital role in local communities throughout the state.

10,281 310,600

Eating and drinking place Restaurant and foodservice jobs
locations in Arizona in 2018 in Arizona in 2019 11% of
employment in the state

AND BY 2629, THAT
?lumen 15? PROJECTED

$14.7 billion To 

Estimated sales in Arizona?s 46,900 additional jobs,
restaurants in 2018 for a total of 357,500

 

Every dollar spent in the tableservice segment

HOW DOES THE contributes $1.98 to the state economy.

RESTAURANT INDUSTRY

 

IMPACT THE
ARIZONA 

Every dollar spent in the limited-service segment
contributes $1.69 to the state economy.

 

NATIONAL A 
RESTAURANT

ASSOCIATION A Arizona Restaurant Assoc1atlon



FOR MORE INFORMATION: Restaurant.org - AZRestaurant.org

 

 

2019 National Restaurant Association. All rights reserved.

Arizona?s Restaurants

EATING AND DRINKING PLACES:
Establishments Employees

U.S. SENATORS in the state in the state"

 

Sinema (D)
Martha McSaIly (R)

 

10,281 241,000

EATING AND DRINKING PLACES:

 

 

u.s. Repneseumwes $335335;
1 Tom O?Halleran (D) 997 23,364
2 Ann Kirkpatrick (D) 1,169 27,413
3 M. Grijalva (D) 838 19,638
4 Paul A. Gosar (R) 1,015 23,801
5 Andy Biggs (R) 1,028 24,102
6 David Schweikert (R) 1,562 36,605
7 Ruben Gallego (D) 1,046 24,521
8 Debbie Lesko (R) 870 20,399
9 Greg Stanton (D) 1,756 41,156

TOTAL 10,281 241,000

*Arizona?s 241,000 eating-and-drinking-place jobs
represent the majority of the state?s total restaurant
and foodservice workforce of 310,600 jobs, with the
remainder being non-restaurant foodservice positions.

NAT A A 
ESTAU RANT
ASSOC IATI A Arizona Restaurant Association

FOR MORE INFORMATION: Restaurantorg . AZRestaurant.org

Source: National Restaurant Association, based on data from the Bureau of Labor Statistics U.S. Census Bureau, 2018