Mesa, AZ

Ariz. Rev. Stat. Sec. 35-751 Earnings of the corporation and exemption from restrictions
Effective: 8/5/16 – Through: 5/31/23
A. The corporation shall be a nonprofit corporation, and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm or corporation.

B. A project shall be exempt from any requirement of competitive bidding or other restrictions imposed on the procedure for the financing of public improvements or the award of contracts for the construction of public improvements and shall also be exempt from any restrictions imposed on municipalities, counties or political subdivisions relating to the leasing, sale or other disposition of property or funds.

C. At the end of each fiscal year, the Arizona industrial development authority shall:

1. Transfer all unencumbered monies in excess of the authority’s operating costs generated after August 6, 2016 from single family mortgage programs that were in existence before August 6, 2016 to the housing trust fund established by section 41-3955.

2. After the transfer is made pursuant to paragraph 1 of this subsection, transfer all unencumbered monies in excess of the authority’s operating costs to the economic development fund established by section 41-5302.

Ariz. Rev. Stat. Sec. 41-3955 Housing trust fund; purpose; annual report
Effective: 8/26/19 – Through: 5/31/23
A. The housing trust fund is established, and the director shall administer the fund. The fund consists of monies from unclaimed property deposited in the fund pursuant to section 44-313, monies transferred pursuant to section 35-751 and investment earnings.

B. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

C. Except as provided in subsection D of this section, fund monies shall be spent on approval of the department for developing projects and programs connected with providing housing opportunities for low and moderate income households and for housing affordability programs. Pursuant to section 44-313, subsection A, a portion of fund monies shall be used exclusively for housing in rural areas.

D. Fund monies may be spent on constructing or renovating facilities and on housing assistance, including support services, for persons who have been determined to be seriously mentally ill and to be chronically resistant to treatment.

E. For the purposes of subsection C of this section, in approving the expenditure of monies, the director shall give priority to funding projects that provide for operating, constructing or renovating facilities for housing for low-income families and that provide housing and shelter to families that have children.

F. The director shall report annually to the legislature on the status of the housing trust fund. The report shall include a summary of facilities for which funding was provided during the preceding fiscal year and shall show the cost and geographic location of each facility and the number of individuals benefiting from the operation, construction or renovation of the facility. The report shall also include the number of individuals who benefit from housing assistance pursuant to subsection D of this section. The report shall be submitted to the president of the senate and the speaker of the house of representatives, and a copy provided to the secretary of state, not later than September 1 of each year.

G. Monies in the housing trust fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

H. An amount not to exceed ten percent of the housing trust fund monies may be appropriated annually by the legislature to the department for administrative costs in providing services relating to the housing trust fund.

I. For any construction project financed by the department pursuant to this section, the department shall notify a city, town, county or tribal government that a project is planned for its jurisdiction and, before proceeding, shall seek comment from the governing body of the city, town, county or tribal government or an official authorized by the governing body of the city, town, county or tribal government. The department shall not interfere with or attempt to override the local jurisdiction’s planning, zoning or land use regulations.

Ariz. Rev. Stat. Sec. 44-313 Deposit of monies
Effective: 7/19/11 – Through: 5/31/23
A. Except as otherwise provided in this section or section 44-314, the department shall deposit, pursuant to sections 35-146 and 35-147, in the state general fund all monies received pursuant to this chapter, including the proceeds from the sale of abandoned property pursuant to section 44-312, except that:

1. The first two million dollars of the monies shall be deposited each fiscal year in the seriously mentally ill housing trust fund established by section 41-3955.01.

2. The second two million five hundred thousand dollars of the monies shall be deposited in the housing trust fund established by section 41-3955.

3. The next twenty-four million five hundred thousand dollars of the monies shall be deposited each fiscal year in the department of revenue administrative fund established by section 42-1116.01.

B. The department shall deposit monies from unclaimed shares and dividends of any corporation incorporated under the laws of this state in the permanent state school fund pursuant to article XI, section 8, Constitution of Arizona.

C. The department shall deposit monies from unclaimed victim restitution payments in the victim compensation and assistance fund established by section 41-2407 for the purpose of establishing, maintaining and supporting programs that compensate and assist victims of crime.

D. The department shall retain in a separate trust fund at least one hundred thousand dollars from which the department shall pay claims.

E. Before making the deposit, the department shall record the name and last known address of each person who appears from the holders’ reports to be entitled to the property and the name and last known address of each insured person or annuitant and beneficiary. The department shall also record the policy or contract number of each policy or contract of an insurance company that is listed in the report, the name of the company and the amount due. The department shall make the record available for public inspection during reasonable business hours.

City of Mesa 2040 Transportation Plan.
Effective: 11/16/14 – Through: 5/31/23
[…]

CITY OF MESA ARIZONA

COMPLETE STREETS POLICY

I. PURPOSE

The Complete Streets Policy for the City of Mesa is written to provide advisory information, and to serve as a guide for elected officials, City staff, agencies, concerned parties, and citizens on how to incorporate Complete Streets concepts into the design and development of both public and private projects. The development and implementation of Complete Streets throughout the City of Mesa will promote future transportation investments that result in the development of high quality streets that do not create barriers, but rather accommodate and facilitate all users and modes of transportation. Individuals who either travel by vehicle, as pedestrians, by transit, or on a bicycle are legitimate users of the City’s transportation system, and are equally deserving of having safe, efficient, comfortable and accessible means of travel to their destinations.

II. VISION

The City of Mesa will develop a multimodal transportation system that reasonably accommodates people of all ages and abilities, and provides safe and efficient mobility for pedestrians, bicyclists, individuals using transit, freight providers, motorists, and emergency responders.

III. APPLICABILITY

The Complete Streets Policy shall apply to planning and design activities for retrofitting existing roadways, new roadway construction, and private development projects throughout the City of Mesa. The policy will also be applicable to projects in unincorporated areas of the Municipal Planning Area, where annexation is planned to occur upon completion of construction.

IV. COMPLETE STREETS DEFINITION AND BACKGROUND

The term “Complete Streets” refers to streetscapes on community roadways that are specifically designed, maintained and operated to provide efficient and safe access for all users of a roadway corridor. Complete Streets are designed for pedestrians of all abilities and ages, and include all modes of travel such as motorized vehicles, bicycles, buses and light rail. The implementation of Complete Streets is an important component of the transportation system. Complete Streets provide multi-modal mobility and offer a selection of transportation options, enhance the transportation environment for children, increase physical activity, and build stronger neighborhoods and communities. The idea is that roadway travel should be for everyone in the City, and that travel along the community’s roadway corridors is what makes our streets “livable and walkable” places.

The concept of implementing Complete Streets throughout the City of Mesa either involves new construction, or involves selecting an existing candidate transportation corridor, and transforming it into a functional Complete Street. However, when assessing future Complete Streets throughout the City of Mesa, it is important to note that not every type of street needs every kind of improvement or application to be considered a Complete Street. One street may look very different from another street, depending upon the functional classification and purpose of the specific roadway. Creating a new roadway, or taking a traditional, existing roadway and transforming it into a functional Complete Street may include an array of innovative design approaches. Applying innovative design and improvement options to candidate Complete Street roadways throughout the City shall consider a number of features and items, which are as follows:

• Intersections

• Street crossing opportunities

• Pedestrian lighting

• Landscaping

• Medians

• Bus pullouts

• Traffic lane configurations

• Transit stop facilities

• Sidewalks

• Traffic signals

• Accessible pedestrian signals

• Bicycle lanes and separated bicycle facilities

• Consideration of the relationship between the corridor and adjacent buildings and commercial establishments

• Curb extensions

• Pedestrian curb ramps

• Roundabouts and traffic calming devices

• Other features – as deemed necessary to the local condition

V. COMPLETE STREETS POLICY

The Complete Streets Policy statements for the City of Mesa are intended to provide guidance for elected officials, City staff, agencies, concerned parties, and local citizens as follows:

• The City of Mesa will work toward the development of a transportation system that offers efficient, comfortable, and safer access for all users, to include pedestrians, people with disabilities, older adults, children, bicyclists, transit users, freight providers and motorists.

• The City of Mesa will work toward a fully integrated and connected network of Complete Streets roadways.

• Roadway, vehicle, pedestrian, bicycle and transit elements along with the relationship between the roadway corridor and adjacent buildings and commercial establishments will be planned, designed, constructed, operated and maintained so that pedestrians, bicyclists, children, older adults, and people with disabilities will be able to travel along a roadway corridor safely, comfortably and independently.

• The City of Mesa will implement Complete Streets through effective planning, design, retrofitting, and new construction of roadway corridors, and work to ensure “walkable and livable” places that are attentive to the localized character of a corridor and its immediate or adjacent neighborhood or development with context sensitive design.

• Complete Streets design throughout Mesa will consider design resources, appropriate design standards, best practices, guidelines, and procedures concerning the needs of and accommodations for users of each transportation mode.

• Street designs for Complete Streets shall remain flexible and consider the fact that community roadway corridors vary in their functional classification, level of intensity and community purpose, and by their overall levels of user needs.

• The City of Mesa intends to pattern the development of future Complete Streets corridors upon the findings and recommended planning methodology of the Maricopa Association of Governments (MAG) Complete Streets Guide.

• The City of Mesa seeks to incorporate the principles of this policy into all aspects of public and private development.

• The City will develop performance standards in the future that will primarily focus on measureable outcomes to determine the overall performance of Complete Streets applications.

• With the adoption of this policy, the City is initiating a process of moving toward the implementation of Complete Streets through guidance and support to ensure the planning, design, and application of these principals in all future public and private projects.

VI. EXCEPTIONS

Although the City of Mesa desires to further Complete Streets initiatives for all users, and for all modes of travel on the transportation network, there are a number of exceptions to the development of Complete Streets within the community. The City of Mesa will not accommodate the development of Complete Streets activities on corridors where non-motorized transportation is prohibited. Such examples of this may include an existing or future freeway corridor, or a future municipal corridor which prohibits non-motorized use. Other exceptions to new Complete Streets construction, or a retrofit of an existing corridor, include locations throughout the City where the cost of construction is disproportionate to the need or probable benefit of a Complete Streets corridor. Another exception includes the elimination of Complete Streets initiatives in areas where there is clearly a documented absence of need.

VII. COMPLETE STREETS DESIGN

When designing Complete Streets projects, it will be important to utilize a number of existing specifications and design resources. Such resources include the most current versions of the Mesa Standard Details & Specifications, the Maricopa Association of Governments (MAG) Complete Streets Guide, MAG Pedestrian Policies and Design Guidelines, MAG Standards and Specifications, and other national engineering, transportation and planning resources. The City of Mesa will work toward the development of its own Complete Streets design guidelines. From a design perspective, when assessing future Complete Streets throughout the City of Mesa, it is important to note that not every type of roadway corridor needs every kind of improvement or application. One street may look very different from another street, depending upon the functional classification and purpose of the specific roadway. Throughout Mesa, there are Principal Arterials, Minor Arterials, Collectors and Local roadways. From a Complete Streets perspective, these roadways will have different categorizations and needs. Candidate streets and rights of way should be evaluated in order to determine what is needed for the users of a particular corridor. How a Complete Street fits into the overall transportation network and how it compliments area land uses are very important considerations. Also, the implementation of a Complete Street must be sensitive to the community context, or what is commonly referred to as Context Sensitive Design. The Context Sensitive Design of a particular location is concerned with meeting the needs of the environment, meeting needs of the users of the facility, ensuring that a transportation project complements the nearby neighborhoods and land uses, and that any changes flexibly integrate into the physical setting in general. The key of Context Sensitive Design is to ensure a balance between efficiency and mobility, and to ensure that the development of a Complete Street is consistent with the social, economic and natural environment of a particular setting. In some cases, this also involves particular sensitivity to the cultural environment of a specific location. Context Sensitive Design should apply flexible design options, incorporate aesthetic features, address local community concerns and needs, obtain input from local agencies and groups, and specifically address all modes of travel.

VIII. THE BENEFITS OF COMPLETE STREETS

Developing Complete Streets within the City of Mesa includes the following benefits:

Supports Local Economic Development – Designing a roadway that is easily accessible and attractive to transit users, bicyclists, pedestrians and motorists alike ultimately improves the overall economic conditions for existing retail establishments. These improvements also help attract new development, make an area attractive and accessible for shopping opportunities, and create connections between neighborhoods, transit, schools, businesses and retail areas.

Enhances Air Quality and the Environment – Complete Streets can benefit the environment through a reduction in air quality emissions, by providing effective green infrastructure, and by providing landscaping that can enhance conditions associated with the urban heat island effect.

Benefits Children, Older Adults and People with Disabilities – The development of Complete Streets offers a safer walking environment for older individuals, and helps them to retain their independence by providing access to walkways and public transit throughout the community. Children are provided with easy navigation via bicycle facilities and walkways, and Complete Streets provide children with safer routes to school, easy and safer mobility, and create environments that encourage children to be more physically active. Individuals with disabilities are better served through Complete Streets designs, as they are allowed to travel free of barriers along ADA-compliant roadways. The nature of Complete Streets accommodates individuals with disabilities and ensures that they are able to move freely along the public right of way. Many Complete Street designs also incorporate street furniture to allow individuals to rest while traveling to a certain location within the community.

Encourages Active and Healthy Lifestyles – The development of Complete Streets throughout the City is beneficial to the public health of the community, and creates an environment of roadway corridors and public walkways that encourage an active lifestyle. In general, walking and bicycling promotes active living and are a deterrent to being overweight. By encouraging walking and bicycling to nearby areas to run errands, visit friends, go out to eat, or where applicable, walk to work, the development of Complete Streets will facilitate opportunities for physical activity, thus encouraging an active and healthy lifestyle for citizens of Mesa.

Improves Safety – Complete Streets are designed to provide safer, efficient, and convenient travel for motor vehicle travelers, bicyclists, pedestrians, and users of transit. Numerous studies supported by the National Complete Streets Coalition have indicated that when pedestrians have appropriate conditions for walking, crossing roadways, riding a bicycle, or waiting for transit within the City, there is an increase in safety and less chance of an incident or fatality. These studies have shown that the development of Complete Streets improves safety along the roadway corridors where they are implemented.

Supports an Efficient Transportation System – By creating corridors that provide choices for drivers, bicyclists, transit users, and pedestrians, there is an assurance of moving toward transportation equity, which also works to alleviate congestion throughout the community by offering multiple forms of travel. If more individuals walk, use transit, or bicycle to their destinations, it in turn reduces traffic congestion, alleviates traffic jams, and increases the overall capacity of the City’s transportation network. The development of Complete Streets corridors will create a more effective transportation system over time by allowing for modal choices.

Creates Stronger Public Places and Neighborhoods – The development of Complete Streets often brings people to specific corridors by offering more travel choices, and with the increase in people within a specific corridor, there is increased synergy. Also, in areas that incorporate green infrastructure, such as plantings and tree canopies, such locations become desirable destinations that attract people and bring added foot traffic to local shops and businesses. Often, such areas undergo an economic transformation, and become vibrant public places and neighborhoods that take on the characteristics of a “transformed” or “active” corridor. Through the development of Complete Streets, these areas of the City will ultimately offer a better quality of life for local citizens, increase social interaction, and create vibrant areas that are suitable for increased economic development opportunities.

Improves Project Cost Effectiveness – Developing Complete Streets normally improves long-term cost effectiveness over traditional roadway projects that only consider automobile travel. By designing the space of the street realm and integrating up-front features such as bicycle lanes, transit stops and amenities, sidewalks, green infrastructure, safer street crossings and an array of other chosen amenities, it avoids an expensive retrofit of the street at a given time in the future. Ultimately, the development of Complete Streets offers a sound financial investment for the City.

IX. THE REGIONAL COMPLETE STREETS PLANNING PROCESS

During 2009, the Maricopa Association of Governments (MAG) initiated a process to conduct an analysis of Complete Streets throughout Maricopa County. This study took almost two years to complete, and culminated in the adoption of the MAG Complete Streets Guide, which was adopted by the MAG Regional Council on April 19, 2011. The MAG Complete Streets Guide is a resource containing strategies and goals, and presents a planning process which can be utilized to implement Compete Streets within a community. The MAG Complete Streets Guide represents a move toward implementing the March 11, 2010, policy statement on bicycle and pedestrian accommodation as announced by the U.S. Department of Transportation. This policy states that bicycling and walking should be considered equal to other transportation modes, and encourages local governments and other public agencies to adopt similar policy statements for the accommodation of bicyclists and pedestrians.

The Complete Streets effort was initiated through the MAG Bicycle and Pedestrian Committee. The primary purpose behind the planning process was to ensure that bicyclists and pedestrians were recognized as an integral component of properly designed and functioning streets throughout the region. Since completing the Complete Streets Guide, MAG has used the document to reach out to communities in an effort to assist with implementing Complete Streets measures. As a result of the Complete Streets planning effort, MAG has also established specific criteria for evaluating transportation projects for the three-year regional Transportation Improvement Program (TIP), for assessing Safe Routes to School projects, for reviewing transportation projects and initiatives related to senior citizen mobility, and for consideration of annually submitted transportation enhancement projects.

The suggested planning process within the MAG Complete Streets Guide serves as a template that communities can follow to adopt Complete Streets policies, to implement strategies and goals, and to utilize in an effort to develop Complete Streets as they apply to the regional environment. Aside from providing the guide for assistance to communities, MAG also serves as a liaison between the Federal Government and cities and towns in the identification of federal funding sources that may become available in the future for designing and constructing Complete Streets. When considering Complete Streets, it is imperative that local governments use the guide to establish a process for implementing Complete Streets, and to maintain a partnership with MAG for Complete Streets initiatives and potential funding opportunities in the future. The City of Mesa will utilize the planning process as set forth by the Maricopa Association of Governments in the Complete Streets Guide.

X. CITY OF MESA COMPLETE STREETS PLANNING PROCESS

The adoption of the Complete Streets Policy represents the initial step toward the development and implementation of a Complete Streets planning process, which will ultimately lead to a network of Complete Streets throughout the City. While the City of Mesa intends to pattern future development upon the findings and recommended planning methodology of the MAG Complete Streets Guide, the City of Mesa specifically envisions a local planning process that is necessary in order to establish a long-term Complete Streets strategy. The framework of an overall planning process consists of the primary elements that are described below.

Adoption of a Complete Streets Policy – The adoption of the Complete Streets Policy will establish the initial effort to work toward a well-connected, integrated roadway network of Complete Streets throughout the City.

Development and Adoption of the Complete Streets Element of the 2040 Transportation Plan – One of the key components of implementing a Complete Streets planning process involves the development and adoption of an updated transportation plan that includes a Complete Streets element for the City of Mesa. The transportation plan involves an inventory and analysis of the City’s principal arterial and minor arterial roadways, collector roadways, local neighborhoods and roads, intersections, and business and industrial areas. The plan also considers areas of new roadway development and lane additions, and discusses future needs.

The plan should ideally consist of an inventory of existing conditions; a summary of findings and an assessment of conditions; a review of Complete Streets and how they relate to Mesa’s transportation network; an overview of transportation contexts and how Mesa roadways, neighborhoods and employment areas conform to certain contexts; an overview of Context Sensitive Design and how this relates to certain neighborhoods throughout the City when considering Complete Streets; the development of goals, objectives and strategies; and, a thorough needs assessment.

Development of Design Guidelines for Mesa Complete Streets – The City of Mesa will work toward the development of Complete Streets design guidelines that accommodate and balance the needs of all users of the transportation network. The City will apply national best practices in multimodal sustainability and environmental sustainability to local transportation contexts, and consider neighborhoods, commercial areas and employment centers, and a variety of uses that accommodate transit and multimodal connections. The design guidelines will consider such features as street and intersection design, retrofitting existing roadway corridors, accommodations for people with disabilities, pedestrian access and crossings, transit accommodations, bikeway design and bicycle facilities, street furnishings, sidewalks and pedestrian walkways, striping, streetscapes and streetscape ecosystems, lighting, landscaping and the placement of street canopies, and stormwater drainage. Other features for consideration within the framework of formal guidelines include traffic calming measures, connectivity between adjacent land uses, the interaction between light rail transit and roadway corridors, and Context Sensitive Design as it pertains to Complete Streets.

Development of Performance Measures – As Complete Streets corridors develop throughout Mesa, they should be evaluated in order to determine their level of success to the users of the transportation network. In order to effectively measure the performance of Complete Streets planning and development over time, it is important to investigate how the system is serving the users of different modes of transportation. Staff will develop performance measures to determine the overall effectiveness and success of Complete Streets improvements.

Complete Streets Periodic Review – The review process assists in evaluating the overall effectiveness of Complete Streets over time, and determines what changes need to occur in order to ensure that the planning process is relevant and continues to meet the needs of the City of Mesa. Conducting a review of Complete Streets will assist in evaluating the ongoing effectiveness of policies, recommendations, project development, design guidelines and planning activities.

XI. IMPLEMENTATION OF THE COMPLETE STREETS POLICY

With the adoption of the Complete Streets Policy, the City of Mesa will incorporate Complete Streets principles into future projects to enhance safety, efficiency, comfort and accessibility for users of all ages and abilities, and for all modes of transportation.

Resolution 10564. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESA, MARICOPA COUNTY, ARIZONA, ADOPTING THE CITY OF MESA 2040 TRANSPORTATION PLAN.
Effective: 11/16/14 – Through: 5/31/23
WHEREAS, The City of Mesa has long recognized the value in adopting and implementing a long-range Transportation Plan, and

WHEREAS, the Transportation Plan update process included numerous public meetings, public surveys, community outreach, updates via the City’s internet website, and numerous briefings and updates to the Transportation Advisory Board, and

WHEREAS, the City of Mesa desires to develop, adopt and implement a comprehensive Transportation Plan to serve as a guideline to address local and regional transportation issues, and

WHEREAS, the effort to update the Transportation Plan has included a wide-ranging series of public meetings, community events, review and comment opportunities via the internet, and public surveys, all designed to solicit comments and opinions regarding the Transportation Plan, resulting in an unprecedented level of public involvement, and

WHEREAS, the Transportation Plan serves as a statement of community vision, to help guide the City and the community as a whole in the future,

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MESA, MARICOPA COUNTY, ARIZONA:

That the Mesa City Council hereby adopts the City of Mesa 2040 Transportation Plan, presented for Council review on the date written below.

PASSED AND ADOPTED by the City Council of the City of Mesa, Maricopa County, Arizona, this 17th day of November, 2014.

Ariz. Rev. Stat. § 23-362 Definitions
Effective: 1/1/07 – Through: 6/1/23
As used in this article, unless the context otherwise requires:

A. “Employee” means any person who is or was employed by an employer but does not include any person who is employed by a parent or a sibling, or who is employed performing babysitting services in the employer’s home on a casual basis.

B. “Employer” includes any corporation, proprietorship, partnership, joint venture, limited liability company, trust, association, political subdivision of the state, individual or other entity acting directly or indirectly in the interest of an employer in relation to an employee, but does not include the state of Arizona, the United States, or a small business.

C. “Small business” means any corporation, proprietorship, partnership, joint venture, limited liability company, trust, or association that has less than five hundred thousand dollars in gross annual revenue and that is exempt from having to pay a minimum wage under section 206(a) of title 29 of the United States Code.

D. “Employ” includes to suffer or permit to work; whether a person is an independent contractor or an employee shall be determined according to the standards of the federal fair labor standards act, but the burden of proof shall be upon the party for whom the work is performed to show independent contractor status by clear and convincing evidence.

E. “Wage” means monetary compensation due to an employee by reason of employment, including an employee’s commissions, but not tips or gratuities.

F. “Law enforcement officer” means the attorney general, a city attorney, a county attorney or a town attorney.

G. “Commission” means the industrial commission of Arizona, any successor agency, or such other agency as the governor shall designate to implement this article.

Ariz. Rev. Stat. § 23-204 Employee benefits; state preemption; exemption
Effective: 8/6/16 – Through: 6/1/23
A. The regulation of employee benefits, including nonwage compensation, paid and unpaid leave and other absences, meal breaks and rest periods, is of statewide concern. The regulation of nonwage employee benefits pursuant to this chapter and federal law is not subject to further regulation by a city, town or other political subdivision of this state.

B. This section does not apply to any employee benefit, including nonwage compensation, paid and unpaid leave and other absences, meal breaks and rest periods, provided by a city, town or other political subdivision of this state to any of its employees.

C. For the purposes of this section, “nonwage compensation” includes fringe benefits, welfare benefits, child or adult care plans, sick pay, vacation pay, severance pay, commissions, bonuses, retirement plan or pension contributions, other employment benefits provided in 29 United States Code section 2611 and other amounts promised to the employee that are more than the minimum compensation due an employee by reason of employment.

Ariz. Rev. Stat. § 23-372 Accrual of Earned Paid Sick Time
Effective: 7/1/17 – Through: 6/1/23
A. Employees of an employer with 15 or more employees shall accrue a minimum of one hour of earned paid sick time for every 30 hours worked, but employees shall not be entitled to accrue or use more than 40 hours of earned paid sick time per year, unless the employer selects a higher limit.

B. Employees of an employer with fewer than 15 employees shall accrue a minimum of one hour of earned paid sick time for every 30 hours worked, but employees shall not be entitled to accrue or use more than 24 hours of earned paid sick time per year, unless the employer selects a higher limit.

C. In determining the number of employees performing work for an employer for compensation during a given week, all employees performing work for compensation on a full-time, part-time or temporary basis shall be counted. In situations in which the number of employees who work for an employer for compensation per week fluctuates above and below 15 employees per week over the course of the year, an employer is required to provide earned paid sick time pursuant to subsection A of this section if it maintained 15 or more employees on the payroll for some portion of a day in each of 20 different calendar weeks, whether or not the weeks were consecutive, in either the current or the preceding year (irrespective of whether the same individuals were in employment in each day).

D. All employees shall accrue earned paid sick time as follows:

1. Earned paid sick time as provided in this section shall begin to accrue at the commencement of employment or on July 1, 2017, whichever is later. An employer may provide all earned paid sick time that an employee is expected to accrue in a year at the beginning of the year.

2. An employee may use earned paid sick time as it is accrued, except that an employer may require an employee hired after July 1, 2017, to wait until the ninetieth calendar day after commencing employment before using accrued earned paid sick time, unless otherwise permitted by the employer.

3. Employees who are exempt from overtime requirements under the Fair Labor Standards Act of 1938 (29 United States Code section 213(A)(1)) will be assumed to work 40 hours in each work week for purposes of earned paid sick time accrual unless their normal work week is less than 40 hours, in which case earned paid sick time accrues based upon that normal work week.

4. Earned paid sick time shall be carried over to the following year, subject to the limitations on usage in subsections A and B. Alternatively, in lieu of carryover of unused earned paid sick time from one year to the next, an employer may pay an employee for unused earned paid sick time at the end of a year and provide the employee with an amount of earned paid sick time that meets or exceeds the requirements of this article that is available for the employee’s immediate use at the beginning of the subsequent year.

5. If an employee is transferred to a separate division, entity or location, but remains employed by the same employer, the employee is entitled to all earned paid sick time accrued at the prior division, entity or location and is entitled to use all earned paid sick time as provided in this section. When there is a separation from employment and the employee is rehired within nine months of separation by the same employer, previously accrued earned paid sick time that had not been used shall be reinstated. Further, the employee shall be entitled to use accrued earned paid sick time and accrue additional earned paid sick time at the re-commencement of employment.

6. When a different employer succeeds or takes the place of an existing employer, all employees of the original employer who remain employed by the successor employer are entitled to all earned paid sick time they accrued when employed by the original employer, and are entitled to use earned paid sick time previously accrued.

7. At its discretion, an employer may loan earned paid sick time to an employee in advance of accrual by such employee.

E. Any employer with a paid leave policy, such as a paid time off policy, who makes available an amount of paid leave sufficient to meet the accrual requirements of this section that may be used for the same purposes and under the same conditions as earned paid sick time under this article is not required to provide additional paid sick time.

F. Nothing in this article shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee’s termination, resignation, retirement or other separation from employment for accrued earned paid sick time that has not been used.

Ariz. Rev. Stat. § 23-378 Encouragement of More Generous Earned Paid Sick Time Policies; No Effect on More Generous Policies or Laws
Effective: 7/1/17 – Through: 6/1/23
A. Nothing in this article shall be construed to discourage or prohibit an employer from the adoption or retention of an earned paid sick time policy more generous than the one required herein.

B. Nothing in this article shall be construed as diminishing the obligation of an employer to comply with any contract, collective bargaining agreement, employment benefit plan or other agreement providing more generous paid sick time to an employee than required herein. Nothing in this article shall be construed as diminishing the rights of public employees regarding paid sick time or use of paid sick time.

C. Nothing in this article shall be construed to supersede any provision of any local law that provides greater rights to paid sick time than the rights established under this article.

Ariz. Rev. Stat. § 23-371 Definitions
Effective: 7/1/17 – Through: 6/1/23
For purposes of this article:

A. “Abuse” means an offense prescribed in section 13-3623, Arizona Revised Statutes.

B. “Commission” is as defined in section 23-362, Arizona Revised Statutes.

C. “Domestic violence” is as defined in section 13-3601, Arizona Revised Statutes.

D. “Earned paid sick time” means time that is compensated at the same hourly rate and with the same benefits, including health care benefits, as the employee normally earns during hours worked and is provided by an employer to an employee for the purposes described in section 23-373 of this article, but in no case shall this hourly amount be less than that provided under the Fair Labor Standards Act of 1938 (29 United States Code section 206(A)(1)) or section 23-363, Arizona Revised Statutes.

E. “Employ” is as defined in section 23-362, Arizona Revised Statutes.

F. “Employee” is as defined in section 23-362, Arizona Revised Statutes. Employee includes recipients of public benefits who are engaged in work activity as a condition of receiving public assistance.

G. “Employer” includes any corporation, proprietorship, partnership, joint venture, limited liability company, trust, association, political subdivision of the state, individual or other entity acting directly or indirectly in the interest of an employer in relation to an employee, but does not include the State of Arizona or the United States.

H. “Family member” means:

1. Regardless of age, a biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, a child to whom the employee stands in loco parentis, or an individual to whom the employee stood in loco parentis when the individual was a minor;

2. A biological, foster, stepparent or adoptive parent or legal guardian of an employee or an employee’s spouse or domestic partner or a person who stood in loco parentis when the employee or employee’s spouse or domestic partner was a minor child;

3. A person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision;

4. A grandparent, grandchild or sibling (whether of a biological, foster, adoptive or step relationship) of the employee or the employee’s spouse or domestic partner; or

5. Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

I. “Retaliation” is as defined in section 23-364, Arizona Revised Statutes.

J. “Sexual violence” means an offense prescribed in: (a) title 13, chapter 14, Arizona Revised Statutes, except for sections 13-1408 and 13-1422; or (b) sections 13-1304(A)(3), 13-1307, 13-3019, 13-3206, 13-3212, 13-3552, 13-3553, 13-3554, or 13-3560, Arizona Revised Statutes.

K. “Stalking” means an offense prescribed in section 13-2923, Arizona Revised Statutes.

L. “Year” means a regular and consecutive 12-month period as determined by the employer.

Ariz. Rev. Stat. § 23-373 Use of Earned Paid Sick Time
Effective: 7/1/17 – Through: 6/1/23
A. Earned paid sick time shall be provided to an employee by an employer for:

1. An employee’s mental or physical illness, injury or health condition; an employee’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; an employee’s need for preventive medical care;

2. Care of a family member with a mental or physical illness, injury or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; care of a family member who needs preventive medical care;

3. Closure of the employee’s place of business by order of a public official due to a public health emergency or an employee’s need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency, or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the employee’s or family member’s presence in the community may jeopardize the health of others because of his or her exposure to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease; or

4. Notwithstanding section 13-4439, Arizona Revised Statutes, absence necessary due to domestic violence, sexual violence, abuse or stalking, provided the leave is to allow the employee to obtain for the employee or the employee’s family member:

(a) Medical attention needed to recover from physical or psychological injury or disability caused by domestic violence, sexual violence, abuse or stalking;

(b) Services from a domestic violence or sexual violence program or victim services organization;

(c) Psychological or other counseling;

(d) Relocation or taking steps to secure an existing home due to the domestic violence, sexual violence, abuse or stalking; or

(e) Legal services, including but not limited to preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence, sexual violence, abuse or stalking.

B. Earned paid sick time shall be provided upon the request of an employee. Such request may be made orally, in writing, by electronic means or by any other means acceptable to the employer. When possible, the request shall include the expected duration of the absence.

C. When the use of earned paid sick time is foreseeable, the employee shall make a good faith effort to provide notice of the need for such time to the employer in advance of the use of the earned paid sick time and shall make a reasonable effort to schedule the use of earned paid sick time in a manner that does not unduly disrupt the operations of the employer.

D. An employer that requires notice of the need to use earned paid sick time where the need is not foreseeable shall provide a written policy that contains procedures for the employee to provide notice. An employer that has not provided to the employee a copy of its written policy for providing such notice shall not deny earned paid sick time to the employee based on non-compliance with such a policy.

E. An employer may not require, as a condition of an employee’s taking earned paid sick time, that the employee search for or find a replacement worker to cover the hours during which the employee is using earned paid sick time.

F. Earned paid sick time may be used in the smaller of hourly increments or the smallest increment that the employer’s payroll system uses to account for absences or use of other time.

G. For earned paid sick time of three or more consecutive work days, an employer may require reasonable documentation that the earned paid sick time has been used for a purpose covered by subsection A. Documentation signed by a heath care professional indicating that earned paid sick time is necessary shall be considered reasonable documentation for purposes of this section. In cases of domestic violence, sexual violence, abuse or stalking, one of the following types of documentation selected by the employee shall be considered reasonable documentation:

1. A police report indicating that the employee or the employee’s family member was a victim of domestic violence, sexual violence, abuse or stalking;

2. A protective order; injunction against harassment; a general court order; or other evidence from a court or prosecuting attorney that the employee or employee’s family member appeared, or is scheduled to appear, in court in connection with an incident of domestic violence, sexual violence, abuse, or stalking;

3. A signed statement from a domestic violence or sexual violence program or victim services organization affirming that the employee or employee’s family member is receiving services related to domestic violence, sexual violence, abuse, or stalking;

4. A signed statement from a witness advocate affirming that the employee or employee’s family member is receiving services from a victim services organization;

5. A signed statement from an attorney, member of the clergy, or a medical or other professional affirming that the employee or employee’s family member is a victim of domestic violence, sexual violence, abuse, or stalking; or

6. An employee’s written statement affirming that the employee or the employee’s family member is a victim of domestic violence, sexual violence, abuse, or stalking, and that the leave was taken for one of the purposes of subsection A, paragraph 4 of this section. The employee’s written statement, by itself, is reasonable documentation for absences under this paragraph. The written statement does not need to be in an affidavit format or notarized, but shall be legible if handwritten and shall reasonably make clear the employee’s identity, and if applicable, the employee’s relationship to the family member.

H. The provision of documentation under subsection G does not waive or diminish any confidential or privileged communications between a victim of domestic violence, sexual violence, abuse, or stalking with one or more of the individuals named in subsection G.

I. An employer may not require that documentation under subsection G explain the nature of the health condition or the details of the domestic violence, sexual violence, abuse or stalking.

Ariz. Rev. Stat. § 23-379 Other Legal Requirements
Effective: 7/1/17 – Through: 6/1/23
A. Nothing in this article shall be interpreted or applied so as to create a conflict with federal law.

B. This article provides minimum requirements pertaining to earned paid sick time and shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater accrual or use by employees of earned paid sick time or that extends other protections to employees.

Ariz. Admin. Code § 20-5-1206 Payment of Minimum Wage; Commissions; Tips; Front Loading Paid Sick Time; Limitation on Carry Over of Unused Earned Paid Sick Time
Effective: 10/3/17 – Through: 6/1/23
A. Subject to the requirements of the Act and this Article, no less than the minimum wage shall be paid for all hours worked, regardless of the frequency of payment and regardless of whether the wage is paid on an hourly, salaried, commissioned, piece rate, or any other basis.

B. If the combined wages of an employee are less than the applicable minimum wage for a work week, the employer shall pay monetary compensation already earned, and no less than the difference between the amounts earned and the minimum wage as required under the Act.

C. The workweek is the basis for determining an employee’s hourly wage. Upon hire, an employer shall advise the employee of the employee’s designated workweek. Once established, an employer shall not change or manipulate an employee’s workweek to evade the requirements of the Act.

D. In computing the minimum wage, an employer shall consider only monetary compensation and shall count tips and commissions in the workweek in which the tip or commission is earned.

E. An employer is allowed to:

1. Require or permit employees to pool, share, or split tips; and

2. Require an employee to report tips to the employer in order to meet reporting requirements of this Article and federal law.

F. An employer who hires an employee after the beginning of the employer’s year is not required to provide additional earned paid sick time or equivalent paid time off during that year if the employer provides the employee for immediate use on the employee’s ninetieth calendar day after commencing employment an amount of earned paid sick time or equivalent paid time off that meets or exceeds the employer’s reasonable projection of the amount of earned paid sick time or equivalent paid time off that the employee would have accrued from the date of hire through the end of the employer’s year at a rate of one hour for every 30 hours worked. If the amount of earned paid sick time or equivalent paid time off provided is less than the employee would have accrued based on hours actually worked during the employer’s year, the employer shall immediately provide an amount of earned paid sick time or equivalent paid time off that reflects the difference between the employer’s projection and the amount of earned paid sick time or equivalent paid time off that the employee would have accrued for hours actually worked in the year.

G. Subject to subsection (F), an employer with 15 or more employees that provides its employees for immediate use at the beginning of each year 40 or more hours of earned paid sick time or 40 or more hours of equivalent paid time off is not required to provide carryover or additional accrual.

H. Subject to subsection (F), an employer with fewer than 15 employees that provides its employees for immediate use at the beginning of each year 24 or more hours of earned paid sick time or 24 or more hours of equivalent paid time off is not required to provide carryover or additional accrual.

I. Unless an employer: (1) elects to pay an employee for unused earned paid sick time or equivalent paid time off at the end of a year pursuant to A.R.S. § 23-372(D)(4); or (2) meets the requirements of subsections (G) or (H), unused earned paid sick time and equivalent paid time off may be carried over to the next year, as follows:

1. Subject to an employer’s entitlement to permit greater carry over, an employee of an employer with 15 or more employees may carry over to the following year up to 40 hours of unused earned paid sick time or equivalent paid time off.

2. Subject to an employer’s entitlement to permit greater carry over, an employee of an employer with fewer than 15 employees may carryover to the following year up to 24 hours of unused earned paid sick time or equivalent paid time off.

3. Carry over shall not affect accrual, usage rights, or usage limits under the Act.

Ariz. Admin. Code § 20-5-1202 Definitions
Effective: 10/3/17 – Through: 2/8/23
In this Article, the definitions of A.R.S. §§ 23-362 (version two), 23-371, and 23-364 apply. In addition, unless the context otherwise requires, the following definitions shall apply to both the Act and this Article:

1. “Act” means A.R.S. Title 23, Chapter 2, Articles 8 and 8.1.

2. “Affected employee” means an employee or employees on whose behalf a complaint may be filed alleging a violation under the Act.

3. “Amount of earned paid sick time available to the employee” means the amount of earned paid sick time or equivalent paid time off that is available to the employee for use in the current year.

4. “Amount of earned paid sick time taken by the employee to date in the year” means the amount of earned paid sick time or equivalent paid time off taken by the employee to date in the current year. Where an employee has used available equivalent paid time off for either the purposes enumerated in A.R.S. § 23-373 or other purposes, the employer may count that usage towards the “amount of earned paid sick time taken by the employee to date in the year.”

5. “Amount of pay the employee has received as earned paid sick time” means the amount of pay the employee has received as earned paid sick time or equivalent paid time off to date in the current year. Where an employee has received pay for equivalent paid time off for the purposes enumerated in A.R.S. § 23-373 or other purposes, the employer may count that pay towards the “amount of pay the employee has received as earned paid sick time.”

6. “Authorized representative” means a person prescribed by law to act on behalf of a party who files with the Department a written instrument advising of the person’s authority to act on behalf of the party.

7. “Casual Basis,” when applied to babysitting services, means employment which is irregular or intermittent.

8. “Commission” means monetary compensation based on:

a. A percentage of total sales,

b. A percentage of sales in excess of a specified amount,

c. A fixed allowance per unit, or

d. Some other formula the employer and employee agree to as a measure of accomplishment.

9. “Communicable disease” has the meaning prescribed by A.R.S. § 36-661.

10. “Complainant” means a person or organization filing an administrative complaint under the Act.

11. “Department” means the Labor Department of the Industrial Commission of Arizona or other authorized division of the Industrial Commission as designated by the Industrial Commission.

12. “Earned sick time” under A.R.S. § 23-364(G) means earned paid sick time.

13. “Employee’s regular paycheck” means a regular payroll record that is readily available to employees and contains the information required by A.R.S. § 23-375(C), including physical or electronic paychecks or paystubs.

14. “Equivalent paid time off” means paid time off provided under a paid leave policy, such as a paid time off policy, that makes available an amount of paid leave sufficient to meet the accrual requirements of the Act that may be used for the same purposes and under the same conditions as earned paid sick time.

15. “Filing” means receipt of a report, document, instrument, videotape, audiotape, or other written matter at an office of the Department.

16. The term “heath care professional” in A.R.S. § 23-373(G) has the same meaning as “health care professional,” as defined in this Section.

17. “Health care professional” means any of the following:

a. A “physician” as defined by A.R.S. § 36-2351;

b. A “physician assistant” as defined by A.R.S. § 32- 2501;

c. A “registered nurse practitioner” as defined by A.R.S. § 32- 1601.

d. A certified nurse midwife who is a registered nurse practitioner approved by the Arizona State Board of Nursing to provide primary care services during pregnancy, childbirth, and the postpartum period;

e. A dentist licensed under A.R.S. Title 32, Chapter 11, Article 2; or

f. A behavioral health provider practicing as:

i. A psychologist licensed under A.R.S. Title 32, Chapter 19.1;

ii. A clinical social worker licensed under A.R.S. § 32- 3293;

iii. A marriage and family therapist licensed under A.R.S. § 32-3311; or

iv. A professional counselor licensed under A.R.S. § 32- 3301.

18. “Health care provider” has the meaning prescribed by A.R.S. § 36-661.

19. “Hours worked” means all hours for which an employee covered under the Act is employed and required to give to the employer, including all time during which an employee is on duty or at a prescribed work place and all time the employee is suffered or permitted to work.

20. “Minimum wage” means the lowest rate of monetary compensation required under the Act.

21. “Monetary compensation” means cash or its equivalent due to an employee by reason of employment.

22. “On duty” means time spent working or waiting that the employer controls and that the employee is not permitted to use for the employee’s own purpose.

23. “Public benefits” has the same meaning as “state or local public benefit,” as prescribed by A.R.S. § 1-502(I).

24. “Public health emergency” means a state of 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.

25. “Same hourly rate” means the following:

a. For employees paid on the basis of a single hourly rate, “same hourly rate” shall be the hourly rate the employee would have earned for the period of time in which earned paid sick time or equivalent paid time off is used, but shall in no case be less than minimum wage.

b. For employees who are paid multiple hourly rates of pay, “same hourly rate” shall be determined in the following order of priority, but shall in no case be less than minimum wage:

i. The hourly rate the employee would have earned, if known, for each hour of earned paid sick time or equivalent paid time off used.

ii. The weighted average of all hourly rates of pay during the previous pay period.

c. For employees who are paid a salary, no additional pay is due when the employee’s use of earned paid sick time or equivalent paid time off results in no reduction in the employee’s regular salary during the pay period in which the earned paid sick time or equivalent paid time off is used. “Same hourly rate” for salaried employees shall be determined in the following order of priority, but shall in no case be less than minimum wage:

i. The wages an employee earns during each pay period covered by the salary divided by the number of hours agreed to be worked during each pay period, if the number of hours to be worked during each pay period was previously established.

ii. The wages an employee earns during each workweek covered by the salary in the current year divided by 40 hours.

d. For employees paid on a commission, piece-rate, or fee-for-service basis, “same hourly rate” shall be determined in the following order of priority, but shall in no case be less than minimum wage:

i. The hourly rate of pay previously agreed upon by the employer and the employee as:

(1) A minimum hourly rate for work performed; or

(2) An hourly rate for payment of earned paid sick time or equivalent paid time off.

ii. The wages that the employee would have been paid, if known, for the period of time in which earned paid sick time or equivalent paid time off is used, divided by the number of hours of earned paid sick time or equivalent paid time off used.

iii. A reasonable estimation of the commission, piece-rate, or fee-for-service compensation that the employee would have been paid for the period of time in which the earned paid sick time or equivalent paid time off is used, divided by the number of hours of earned paid sick time or equivalent paid time off used.

iv. The hourly average of all commission, piecerate, or fee-for-service compensation that the employee earned during the previous 90 days, if the employee worked regularly during the previous 90-day period, based on:

(1) hours that the employee actually worked; or

(2) a 40- hour workweek.

v. The hourly average of all commission, piecerate, or fee-for-service compensation that the employee earned during the previous 365 days, based on:

(1) hours that the employee actually worked; or

(2) a 40-hour workweek.

e. “Same hourly rate” includes shift differentials and premiums meant to compensate an employee for work performed under differing conditions (such as hazard pay or a shift differential for working at night) if the employee would have been entitled to the shift differential or premium for the period of time in which earned paid sick time or equivalent paid time off is used.

f. “Same hourly rate” does not include:

i. Additions to an employee’s base rate for overtime or holiday pay;

ii. Subject to subsection (e), bonuses or other types of incentive pay; and

iii. Tips or gifts.

26. “Smallest increment that the employer’s payroll system uses to account for absences or use of other time” means the smallest increment of time that an employer utilizes, by policy or practice, to account for absences or use of other paid time off.

27. “Tip” means a sum that a customer presents as a gift in recognition of some service performed, and includes gratuities. The sum may be in the form of cash, amounts paid by bank check or other negotiable instrument payable at par, or amounts the employer transfers to the employee under directions from a credit customer who designates an amount to be added to a bill as a tip. Gifts in forms other than cash or its equivalent as described in this definition, such as event tickets, passes, or merchandise, are not tips.

28. “Violation” means a transgression of any statute or rule, or any part of a statute or rule, including both acts and omissions.

29. “Willfully” means acting with actual knowledge of the requirements of the Act or this Article, or acting with reckless disregard of the requirements of the Act or this Article.

30. “Workday” means any fixed period of 24 consecutive hours.

31. “Workweek” means any fixed and regularly recurring period of seven consecutive workdays.

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Ariz. Rev. Stat. § 9-1302. Individual property inspections
Effective: 9/21/06 – Through: 12/31/24
A. For individual residential rental properties the city or town may conduct interior inspections if an exterior inspection of the property reveals or if the property is found to have any of the following:
1. Conditions that materially affect the health and safety of the occupants as prescribed by section 9-1303.
2. A significant level of crime associated with the property.
3. A documented history of building code violations.
4. The owner repeatedly fails to comply with building code enforcement requirements imposed by the city or town.
5. There is probable cause that the residential rental property is not in compliance with the city’s building code.
6. A complaint is received from or consent for inspection is given by the owner of record, agent or property manager, a lawful resident or a lawful tenant of the residential rental unit.
B. If the city or town determines pursuant to subsection A of this section that an interior inspection is reasonably necessary and the property’s tenant has vacated, the city or town may require an additional inspection and approval by the city or town before a new occupancy is permitted.
C. Before entry the city or town shall receive consent of the owner of record or a lawful tenant or on issuance of a warrant.
D. This section does not limit the authority of a city or town to:
1. Perform an exterior inspection of any property in the city or town’s jurisdiction at any time.
2. On receipt of a complaint or consent from the owner or lawful tenant, perform an interior inspection of any property in the city or town’s jurisdiction.
3. Perform interior, exterior or construction job site inspections of new construction before issuance of a certificate of occupancy.
4. Perform interior or exterior inspections of illegal construction that occurred without a required building permit.
5. Perform an interior inspection of any property during an emergency or natural disaster.
E. A city or town may designate any of its departments to perform all or part of the duties granted to the city or town pursuant to this chapter.

Ariz. Rev. Stat. § 9-1304. Adoption of citywide residential rental property licensing, registration or inspection program; requirements
Effective: 9/21/06 – Through: 7/1/22
A. A city or town may adopt a citywide residential rental property inspection program only if the following occurs:
1. The city or town conducts a public hearing and adopts the rental property inspection program ordinance or resolution at a regularly held city or town council meeting that occurs at least thirty days after the public hearing.
2. The ordinance or resolution is adopted by at least a three-fourths vote of the entire council.
3. The city or town notifies all owners of residential rental properties who are then currently registered with the county assessor of the county in which the property is located.
4. The notice to owners is mailed by first class mail at least twenty days in advance of the required public hearing.
5. A notice of the public hearing is published in a local newspaper of general circulation and any official municipal web site not less than two weeks before the required public hearing.
B. A city or town shall not adopt a residential rental licensing requirement for residential rental properties or property owners. This subsection does not prohibit a city or town that imposes a sales tax on rent from requiring a transaction privilege tax license for residential rental property owners.
C. A city or town shall not adopt a residential rental registration requirement. A city or town shall obtain rental registration information only from the county assessor’s office for the county in which the residential rental property is located.

Ariz. Rev. Stat. § 9-1303. Material affect on health and safety of occupants
Effective: 9/21/06 – Through: 12/31/24
For the purposes of this chapter, a condition that materially affects the health and safety of the occupants of a residential rental dwelling unit includes any of the following conditions:
1. Inadequate sanitation, ventilation or space requirements, including the following:
(a) Lack of or inadequate water closets, lavatories, bathtubs or showers.
(b) Lack of a required kitchen sink or a kitchen sink that does not comply with the building code of the city or town in which the property is located.
(c) Lack of hot and cold running water to plumbing fixtures.
(d) Lack of adequate heating and cooling.
(e) Lack of or improper operation of required ventilating equipment or broken or missing windows or doors that create a hazardous condition or a potential attraction to trespassers.
(f) Lack of minimum amounts of natural light and ventilation as required by the building code.
(g) Inadequate room and space dimensions as required by the building code.
(h) Lack of required adequate electricity and lighting as required by the building code.
(i) Infestation of insects, vermin or rodents.
(j) Lack of connection to a sewage disposal system as required by the building code.
(k) Lack of adequate garbage and rubbish storage and removal facilities.
2. Structural hazards, including the following:
(a) Significantly deteriorated or inadequate foundations or foundation areas that are not provided with adequate drainage.
(b) Flooring or floor supports of insufficient size to carry imposed loads with safety.
(c) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.
(d) Members of ceilings, roofs, ceiling and roof supports or other horizontal members that significantly sag, split or buckle due to defective material or deterioration.
(e) Fireplaces or chimneys that list, bulge or settle due to defective material or deterioration or that are of insufficient size or strength to carry imposed loads with safety.
3. Hazardous wiring that does not conform with the building code or that has not been maintained in good condition, or both, and that is not being used in a safe manner.
4. Hazardous plumbing that does not conform with the building code or that has not been maintained in good condition, or both, and that is not free of cross-connections and siphonage between fixtures.
5. Hazardous mechanical equipment including vents that do not conform with the building code or that have not been maintained in good and safe condition and that are not working properly.
6. Faulty weather protection that may include:
(a) Significantly deteriorated, crumbling or loose plaster.
(b) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors.
(c) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
(d) Broken, rotted, split or buckled exterior wall coverings or roof coverings.
7. Fire hazards or inadequate fire protection, including:
(a) Any building or portion of a building or any device, apparatus, equipment, combustible waste or vegetation that is not in compliance with the building code and that is in such a condition as to cause a fire or explosion or to provide a ready fuel to augment the spread and intensity of a fire or explosion arising from any cause.
(b) Any building or portion of a building that is not provided with fire-resistive construction or fire extinguishing systems or equipment required by the building code, except those buildings or portions of buildings that conformed with all applicable building code laws and that have fire-resistive integrity and fire extinguishing systems or equipment that has been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(c) Lack of adequate fire detection systems as required by law.
8. Faulty materials or construction that is not specifically allowed or approved by the building code or that has not been adequately maintained in good and safe condition.
9. Hazardous or unsanitary premises, including those premises on which an accumulation of weeds, vegetation, refuse, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health or safety hazards.
10. Inadequate maintenance, including any building or portion of a building that is determined to be an unsafe building in accordance with the building code.
11. Unhealthy conditions, including any condition as defined in the building code that results in the failure to maintain minimum standards of sanitation, health or safety or that renders air, food or drink unwholesome or detrimental to health.
12. Inadequate exits, including all buildings or portions of a building that are not provided with adequate exit facilities as required by the building code and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
13. Improper occupancy, including all buildings or portions of a building that are occupied for living, sleeping, cooking or dining purposes and that were not designed and permitted to be used for such occupancies, or that are occupied in excess of the maximum occupancy load allowed by any applicable provision of the building code or state law.

Mesa AZ Code 6-11-1. PURPOSE
Effective: 12/9/19 – Through: 6/1/23
Since the active smoking of tobacco, vaping of a vaping substance and the inhalation of environmental tobacco smoke are dangers to human health and the most prevalent cause of preventable death, disease, and disability, as well as are annoyances, inconveniences, discomforts, and general health hazards to those who are involuntarily exposed to such, and in order to serve the public health, safety, and welfare, the declared purpose of this Chapter is to protect people from dangerous, unnecessary, and/or involuntary health risks by prohibiting the smoking of tobacco, vaping of vaping substances or any other plant based materials in the City or public places and places of employment, as defined in this Chapter.

Mesa AZ Code 6-11-3: – REGULATION OF SMOKING AND VAPING ON CITY PROPERTY
Effective: 12/9/19 – Through: 6/1/23
All buildings and vehicles owned, leased, or occupied by the City of Mesa shall be subject to the provisions of this Chapter, as well as outdoor areas or facilities, the primary intended use of which requires persons to assemble, such as group seating or standing or waiting in lines, thus exposing them to inhalation of environmental tobacco smoke, or vapors from a vaping device or an e-cigarette, excepting designated smoking and/or vaping areas as per Section 6-11-5(A)3.

Ariz. Rev. Stat. § 36-601.01. Smoke-free Arizona act
Effective: 12/7/06 – Through: 6/1/23
A. Definitions. The following words and phrases, whenever used in this section, shall be construed as defined in this section:

1. “Employee” means any person who performs any service on a full-time, part-time or contracted basis whether or not the person is denominated an employee, independent contractor or otherwise and whether or not the person is compensated or is a volunteer.

2. “Employer” means a person, business, partnership, association, the state of Arizona and its political subdivisions, corporations, including a municipal corporations, trust, or non-profit entity that employs the services of one or more individual persons.

3. “Enclosed area” means all space between a floor and ceiling that is enclosed on all sides by permanent or temporary walls or windows (exclusive of doorways), which extend from the floor to the ceiling. Enclosed area includes a reasonable distance from any entrances, windows and ventilation systems so that persons entering or leaving the building or facility shall not be subjected to breathing tobacco smoke and so that tobacco smoke does not enter the building or facility through entrances, windows, ventilation systems or any other means.

4. “Health care facility” means any enclosed area utilized by any health care institution licensed according to title 36 chapter 4, chapter 6 article 7, or chapter 17, or any health care professional licensed according to title 32 chapters 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 28, 29, 33, 34, 35, 39, 41, or 42.

5. “Person” means an individual, partnership, corporation, limited liability company, entity, association, governmental subdivision or unit of a governmental subdivision, or a public or private organization of any character.

6. “Physically separated” means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passageway) and independently ventilated from smoke-free areas, so that air within permitted smoking areas does not drift or get vented into smoke-free areas.

7. “Places of employment” means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including office buildings, work areas, auditoriums, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, cafeterias, hallways, stairs, elevators, health care facilities, private offices and vehicles owned and operated by the employer during working hours when the vehicle is occupied by more than one person. A private residence is not a “place of employment” unless it is used as a child care, adult day care, or health care facility.

8. “Veteran and fraternal clubs” means a club as defined in A.R.S. 4-101(7)(a)(b) or (c).

9. “Public place” means any enclosed area to which the public is invited or in which the public is permitted, including airports, banks, bars, common areas of apartment buildings, condominiums or other multifamily housing facilities, educational facilities, entertainment facilities or venues, health care facilities, hotel and motel common areas, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports facilities, theaters, and waiting rooms. A private residence is not a “public place” unless it is used as a child care, adult day care, or health care facility.

10. “Retail tobacco store” means a retail store that derives the majority of its sales from tobacco products and accessories.

11. “Smoking” means inhaling, exhaling, burning, or carrying or possessing any lighted tobacco product, including cigars, cigarettes, pipe tobacco and any other lighted tobacco product.

12. “Sports facilities” means enclosed areas of sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, billiard halls, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sporting events.

B. Smoking is prohibited in all public places and places of employment within the state of Arizona, except the following:

1. Private residences, except when used as a licensed child care, adult day care, or health care facility.

2. Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than fifty percent of rooms rented to guests in a hotel or motel are so designated.

3. Retail tobacco stores that are physically separated so that smoke from retail tobacco stores does not infiltrate into areas where smoking is prohibited under the provisions of this section.

4. Veterans and fraternal clubs when they are not open to the general public.

5. Smoking when associated with a religious ceremony practiced pursuant to the American Indian religious freedom act of 1978.

6. Outdoor patios so long as tobacco smoke does not enter areas where smoking is prohibited through entrances, windows, ventilation systems, or other means.

7. A theatrical performance upon a stage or in the course of a film or television production if the smoking is part of the performance or production.

C. The prohibition on smoking in places of employment shall be communicated to all existing employees by the effective date of this section and to all prospective employees upon their application for employment.

D. Notwithstanding any other provision of this section, an owner, operator, manager, or other person or entity in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place.

E. Posting of signs and ashtray removal.

1. “No smoking” signs or the international “no smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted by the owner, operator, manager, or other person in control of that place identifying where smoking is prohibited by this section and where complaints regarding violations may be registered.

2. Every public place and place of employment where smoking is prohibited by this section shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

3. All ashtrays shall be removed from any area where smoking is prohibited by this section by the owner, operator, manager, or other person having control of the area.

F. No employer may discharge or retaliate against an employee because that employee exercises any rights afforded by this section or reports or attempts to prosecute a violation of this section.

G. The law shall be implemented and enforced by the department of health services as follows:

1. The department shall design and implement a program, including the establishment of an internet website, to educate the public regarding the provisions of this law.

2. The department shall inform persons who own, manage, operate or otherwise control a public place or place of employment of the requirements of this law and how to comply with its provisions including making information available and providing a toll-free telephone number and e-mail address to be used exclusively for this purpose.

3. Any member of the public may report a violation of this law to the department. The department shall accept oral and written reports of violation and establish an e-mail address(es) and toll-free telephone number(s) to be used exclusively for the purpose of reporting violations. A person shall not be required to disclose the person’s identity when reporting a violation.

4. If the department has reason to believe a violation of this law exists, the department may enter upon and into any public place or place of employment for purposes of determining compliance with this law. However, the department may inspect public places where food or alcohol is served at any time to determine compliance with this law.

5. If the department determines that a violation of this law exists at a public place or place of employment, the department shall issue a notice of violation to the person who owns, manages, operates or otherwise controls the public place or place of employment. The notice shall include the nature of each violation, date and time each violation occurred, and department contact person.

6. The department shall impose a civil penalty on the person in an amount of not less than $100, but not more than $500 for each violation. In considering whether to impose a fine and the amount of the fine, the department may consider whether the person has been cited previously and what efforts the person has taken to prevent or cure the violation including reporting the violation or taking action under subsection J. Each day that a violation occurs constitutes a separate violation. The director may issue a notice that includes the proposed amount of the civil penalty assessment. A person may appeal the assessment of a civil penalty by requesting a hearing. If a person requests a hearing to appeal an assessment, the director shall not take further action to enforce and collect the assessment until the hearing process is complete. The director shall impose a civil penalty only for those days on which the violation has been documented by the department.

7. If a civil penalty imposed by this section is not paid, the attorney general or a county attorney shall file an action to collect the civil penalty in a justice court or the superior court in the county in which the violation occurred.

8. The department may apply for injunctive relief to enforce these provisions in the superior court in the county in which the violation occurred. The court may impose appropriate injunctive relief and impose a penalty of not less than $100 but not more than $500 for each violation. Each day that a violation occurs constitutes a separate violation. If the superior court finds the violations are willful or evidence a pattern of noncompliance, the court may impose a fine up to $5000 per violation.

9. The department may contract with a third party to determine compliance with this law.

10. The department may delegate to a state agency or political subdivision of this state any functions, powers or duties under this law.

11. The director of the department may promulgate rules for the implementation and enforcement of this law. The department is exempt from the rulemaking procedures in A.R.S. § title 41, chapter 6 except the department shall publish draft rules and thereafter take public input including hold at least two public hearings prior to implementing the rules. This exemption expires May 1, 2007.

H. Beginning on June 1, 2008 and every other June 1 thereafter, the director of the Arizona department of health services shall issue a report analyzing its activities to enforce this law, including the activities of all of the state agencies or political subdivisions to whom the department has delegated responsibility under this law.

I. An owner, manager, operator or employee of place regulated by this law shall inform any person who is smoking in violation of this law that smoking is illegal and request that the illegal smoking stop immediately.

J. This law does not create any new private right of action nor does it extinguish any existing common law causes of action.

K. A person who smokes where smoking is prohibited is guilty of a petty offense with a fine of not less than fifty dollars and not more than three hundred dollars.

L. Smoke-free Arizona fund

1. The smoke-free Arizona fund is established consisting of all revenues deposited in the fund pursuant to §42-3251.02 and interest earned on those monies. The Arizona department of health services shall administer the fund. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by §35-313 and monies earned from investment shall be credited to the fund.

2. All money in the smoke-free Arizona fund shall be used to enforce the provisions of this section provided however that if there is money remaining after the department has met its enforcement obligations, that remaining money shall be deposited in the tobacco products tax fund and used for education programs to reduce and eliminate tobacco use and for no other purpose.

3. Monies in this fund are continuously appropriated, are not subject to further approval, do not revert to the general fund and are exempt from the provisions of §36-190 relating to the lapsing of appropriations.

M. This section does not prevent a political subdivision of the state from adopting ordinances or regulations that are more restrictive than this section nor does this section repeal any existing ordinance or regulation that is more restrictive than this section.

N. Tribal sovereignty —this section has no application on Indian reservations as defined in ARS 42-3301(2).

Ariz. Rev. Stat. § 36-2850. Definitions
Effective: 9/29/21 – Through: 6/1/23
In this chapter, unless the context requires otherwise:

1. “Advertise,” “advertisement” and “advertising” mean any public communication in any medium that offers or solicits a commercial transaction involving the sale, purchase or delivery of marijuana or marijuana products.

2. “Child-resistant” means designed or constructed to be significantly difficult for children under five years of age to open, and not difficult for normal adults to use properly.

3. “Consume,” “consuming” and “consumption” mean the act of ingesting, inhaling or otherwise introducing marijuana into the human body.

4. “Consumer” means an individual who is at least twenty-one years of age and who purchases marijuana or marijuana products.

5. “Cultivate” and “cultivation” mean to propagate, breed, grow, prepare and package marijuana.

6. “Deliver” and “delivery” mean the transportation, transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment.

7. “Department” means the department of health services or its successor agency.

8. “Designated caregiver” has the same meaning prescribed in section 36-2801.

9. “Dual licensee” means an entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license.

10. “Early applicant” means either of the following:

(a) An entity seeking to operate a marijuana establishment in a county with fewer than two registered nonprofit medical marijuana dispensaries.

(b) A nonprofit medical marijuana dispensary that is registered and in good standing with the department.

11. “Employee,” “employer,” “health care facility,” and “places of employment” have the same meanings prescribed in the smoke-free Arizona act, section 36-601.01.

12. “Excluded felony offense” has the same meaning prescribed in section 36-2801.

13. “Good standing” means that a nonprofit medical marijuana dispensary is not the subject of a pending notice of intent to revoke issued by the department.

14. “Independent third-party laboratory” has the same meaning prescribed in section 36-2801.

15. “Industrial hemp” has the same meaning prescribed in section 3-311.

16. “Licensee” means a person that obtains a license pursuant to section 36-2854.

17. “Locality” means a city, town or county.

18. “Manufacture” and “manufacturing” mean to compound, blend, extract, infuse or otherwise make or prepare a marijuana product.

19. “Marijuana”:

(a) Means all parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin.

(b) Includes cannabis as defined in 13-3401.

(c) Does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.

20. “Marijuana concentrate”:

(a) Means resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetrahydrocannabinol.

(b) Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other products.

21. “Marijuana establishment” means an entity that is licensed by the department to operate all of the following:

(a) A single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products.

(b) A single off-site cultivation location at which the licensee may cultivate marijuana, process marijuana and manufacture marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.

(c) A single off-site location at which the licensee may manufacture marijuana products and package and store marijuana and marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.

22. “Marijuana facility agent” means a principal officer, board member or employee of a marijuana establishment or marijuana testing facility who is at least twenty-one years of age and who has not been convicted of an excluded felony offense.

23. “Marijuana products” means marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments and tinctures.

24. “Marijuana testing facility” means the department or another entity that is licensed by the department to analyze the potency of marijuana and test marijuana for harmful contaminants.

25. “Nonprofit medical marijuana dispensary” has the same meaning prescribed in section 36-2801.

26. “Nonprofit medical marijuana dispensary agent” has the same meaning prescribed in section 36-2801.

27. “Open space” means a public park, public sidewalk, public walkway or public pedestrian thoroughfare.

28. “Process” and “processing” mean to harvest, dry, cure, trim or separate parts of the marijuana plant.

29. “Public place” has the same meaning prescribed in section 36-601.01.

30. “Qualifying patient” has the same meaning prescribed in section 36-2801.

31. “Smoke” means to inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic.

Mesa AZ Code 6-11-2: – DEFINITIONS
Effective: 12/9/19 – Through: 6/1/23
ACCESSORY BAR: A place within a restaurant for the incidental service of alcoholic beverages and associated snacks, appetizers, and other products for on-site consumption. For purposes of this paragraph, “incidental” means that the gross annual receipts, for every consecutive twelve-month period, from the sale of alcoholic beverages, associated snacks, appetizers, and other products for consumption at the accessory bar are no greater than twenty-five percent (25%) of the gross annual receipts of the entire restaurant, for the same period of time. (3287)

BAR: Those business premises where the Arizona Department of Liquor Licenses and Control has licensed the retail sale and on-site consumption of alcoholic beverages, and fifty percent (50%) or more of the business’ gross annual revenues, for every consecutive twelve-month period, are derived from the sale of alcoholic beverages. (2112, I95-1, 3287)

BUILDING SAFETY DIRECTOR: The public officer appointed to that position by the City Manager, or such other person as the City Manager shall designate. (3287, 4252)

DESIGNATED SMOKING AREA: Means: (3287)

(A) An indoor area where smoking is allowed under this Chapter that is physically separated and independently ventilated from smokefree areas, so that air within designated smoking areas allowed under this Chapter does not drift or get vented into any smokefree areas. The Building Safety Director is authorized to make reasonable requirements, consistent with the Mesa Building Code and this Chapter, including the use of self-closing and tight-fitting doors, applying the terms “physically separated” and “independently ventilated” to accomplish this goal. (3649, 3715, 4252)

However, under no circumstances shall the designated smoking area exceed in size the smokefree area in that facility. Moreover, the smoking area shall not include the entry lobby, waiting areas, rest rooms, or areas where minors may customarily congregate in that facility. The designated smoking area shall be constructed so that nonsmoking customers can receive all services provided by that business without walking through the smoking area and without exposure to tobacco smoke. Repeated and confirmed violations pertaining to the infiltration of smoke particulates into nonsmoking areas may result in recision of any alternatives to a smokefree environment offered in this Section, or annulment of the privilege to allow any smoking within the establishment. (3287, 3649)

(B) A designated smoking area may also include the grounds of a building or other facility required to be smokefree under this Chapter when the designated outdoor smoking area is at least fifteen feet (15′) away from nonsmoking patrons and the public entrances and exits of the facility. (3287)

ELECTRONIC OR E-CIGARETTE: A battery-operated or electronic device that emits doses of vaporized nicotine, or non-nicotine aerosols, for the user to inhale. It aims to provide a similar sensation to inhaling tobacco, nicotine containing products or non-nicotine vapors, without the smoke.

EMPLOYEE: Any person who is employed by any “employer” for direct or indirect monetary wages or profits. (2112, I95-1, 3287)

EMPLOYER: Any person or entity employing the service of an “employee.” (2112, I95-1, 3287)

PLACE OF EMPLOYMENT: Any area under control of a private or public employer that is used as a workplace for employees. (2112, I95-1, 3287)

PUBLIC PLACE: Any area available to, and customarily used by, the public, including areas closed in by a roof and walls with openings for ingress and egress, and any areas used for public gatherings where persons are seated, standing, or otherwise there for a common purpose such as attendance at or waiting lines for events in a park, amphitheater, stadium, or other assembly area so designated or allowed by the City of Mesa for a legal event. Public places regulated by this Chapter shall include, but not be limited to: grocery and other retail stores, waiting rooms, public and private schools, doctors’ office buildings, pharmacies, hospitals and nursing homes, community centers, child care centers, any group meeting places for children’s clubs, scout troops, or other child-/youth-centered organizations, public rest rooms, lobby and public service areas of hotels, motels, sports/recreational facilities, restaurants, and all public places regulated by A.R.S. § 36-601.01. A public place shall also include all places identified under Arizona or federal law as a place of public accommodation. (I95-1, 3287)

RESTAURANT: A facility regularly open for the primary purpose of serving food prepared for consumption, either on or off the premises, to customers for compensation, including those that also serve alcoholic beverages from an accessory bar. For purposes of this Chapter only, a “restaurant” shall have annual gross revenue from the sale of food exceeding fifty percent (50%) for every consecutive twelve-month period, excluding, however, food such as appetizers, snacks, and other food products consumed in an accessory bar which the owner chooses to designate as a smoking area under this Chapter. (2112, I95-1, 3287)

SMOKE OR SMOKING: Means and includes: (2112, I95-1, 3287)

(A) Carrying or placing of a lighted cigarette, lighted cigar, or lighted pipe or any other lighted smoking equipment in one’s mouth for the purpose of inhaling and exhaling smoke or blowing smoke rings; (2112, I95-1, 3287)

(B) Placing of a lighted cigarette, cigar, or pipe or any other lighted smoking equipment in an ashtray or other receptacle and allowing smoke to diffuse in the air; (2112, I95-1, 3287)

(C) Carrying or placing of a lighted cigarette, cigar, or pipe or any other lighted smoking equipment in one’s hands or any appendage or devices and allowing smoke to diffuse in the air. (2112, I95-1, 3287)

SMOKEFREE: No tobacco or other plant smoke and freedom from inhaling environmental tobacco smoke or passive smoke, including secondhand smoke generated by an active smoker or sidestream smoke or fumes from any such burning material, device, or ashtray that continues to emit such tobacco smoke or fumes from lighted or extinguished smoking materials.

TOBACCO AND/OR VAPING SHOP: Means:

(A) An exclusively retail business,

(B) That is not part of a larger store,

(C) That derives at least ninety percent (90%) of its gross annual revenue, for every consecutive twelve-month period, from the retail sale of vaping and or tobacco products and smoking equipment.

VAPE OR VAPING: The act of inhaling and exhaling the aerosol, often referred to as vapor, which is produced by an e-cigarette or similar device, through one’s mouth for the purpose of inhaling and exhaling vapors or blowing vapor rings.

VAPING DEVICE: Any device, including component parts or accessories to that device, that delivers or is capable of delivering nicotine to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, electronic hookah, e-cigarette, vape-pen, or any other device that delivers nicotine, non-nicotine, other tobacco products, e-juice, e-liquid, oils or waxes to a person.

VAPING PRODUCTS: Means vaping device and includes advanced personal vaporizers (also known as “mods”). The e-liquid in vaporizer products usually contains a propylene glycol or vegetable glycerin-based liquid with nicotine, flavoring and other chemicals and metals, but not tobacco.

VAPING SUBSTANCE: Means any e-liquid used in any vaping device containing propylene glycol, oils, nicotine, non-nicotine, plant or vegetable glycerin-based liquid with nicotine or non-nicotine, flavoring and other chemicals and metals, but not tobacco.

VAPORFREE: Freedom from inhaling vapors generated by an active e-cigarette or any vaping device.

Ariz. Rev. Stat. § 36-2851. Employers; driving; minors; control of property; smoking in public places and open
Effective: 11/30/20 – Through: 6/1/23
This chapter:

1. Does not restrict the rights of employers to maintain a drug-and-alcohol-free workplace or affect the ability of employers to have workplace policies restricting the use of marijuana by employees or prospective employees.

2. Does not require an employer to allow or accommodate the use, consumption, possession, transfer, display, transportation, sale or cultivation of marijuana in a place of employment.

3. Does not allow driving, flying or boating while impaired to even the slightest degree by marijuana or prevent this state from enacting and imposing penalties for driving, flying or boating while impaired to even the slightest degree by marijuana.

4. Does not allow an individual who is under twenty-one years of age to purchase, possess, transport or consume marijuana or marijuana products.

5. Does not allow the sale, transfer or provision of marijuana or marijuana products to an individual who is under twenty-one years of age.

6. Does not restrict the rights of employers, schools, day care centers, adult day care facilities, health care facilities or corrections facilities to prohibit or regulate conduct otherwise allowed by this chapter when such conduct occurs on or in their properties.

7. Does not restrict the ability of an individual, partnership, limited liability company, private corporation, private entity or private organization of any character that occupies, owns or controls property to prohibit or regulate conduct otherwise allowed by this chapter on or in such property.

8. Does not allow any person to:

(a) Smoke marijuana in a public place or open space.

(b) Consume marijuana or marijuana products while driving, operating or riding in the passenger seat or compartment of an operating motor vehicle, boat, vessel, aircraft or another vehicle used for transportation.

9. Does not prohibit this state or a political subdivision of this state from prohibiting or regulating conduct otherwise allowed by this chapter when such conduct occurs on or in property that is occupied, owned, controlled or operated by this state or a political subdivision of this state.

10. Does not authorize a person to process or manufacture marijuana by means of any liquid or gas, other than alcohol, that has a flashpoint below one hundred degrees fahrenheit, unless performed by a marijuana establishment.

11. Does not require a person to violate federal law or to implement or fail to implement a restriction on the possession, consumption, display, transfer, processing, manufacturing or cultivation of marijuana if by so doing the person will lose a monetary or licensing-related benefit under federal law.

12. Does not supersede or eliminate any existing rights or privileges of any person except as specifically set forth in this chapter.

13. Does not limit any privilege or right of a nonprofit medical marijuana dispensary under chapter 28.1 of this title except as expressly set forth in this chapter.

14. Does not limit any privilege or right of a qualifying patient or designated caregiver under chapter 28.1 of this title.

Mesa AZ Code 6-11-8: – BARS AND RESTAURANTS
Effective: 12/9/19 – Through: 6/1/23
(A) Smoking and/or vaping is allowed throughout all bars and their grounds (other than accessory bars in restaurants) providing it does not affect nonsmoking and/or vaporfree areas.

(B) All restaurants shall be smokefree and vapor free, except the restaurant owner may choose to allow smoking and/or vaping:

1. In an accessory bar if it is a designated smoking and/or vaping area meeting all the requirements of this Chapter.

2. If the restaurant owner applies for, is granted, and complies with a hardship exception or phase-in under this Chapter. (3287)

Mesa AZ Code 6-25-3: – MARIJUANA PROHIBITED ON PUBLIC PROPERTY
Effective: 12/8/20 – Through: 6/1/23
It is unlawful to acquire, possess, consume, purchase, sell, cultivate, manufacture, produce, store, transfer, or distribute marijuana or marijuana products on property that is owned and controlled by the City.

Mesa AZ Code 6-11-6: – WHERE SMOKING AND VAPING IS ALLOWED
Effective: 12/9/19 – Through: 6/1/23
(A) A private residence or public housing dwelling unit, but the common areas and common open space, as defined in Title 11, Mesa City Code, of public housing projects and private multiple- and single-residence developments that are accessible to the public or the residents of the project or development (such as lobbies, playgrounds or “tot lots,” elevators, and recreation areas, whether located indoors or outdoors) are required to be smokefree and vaporfree when the public or residents gather in those areas, as are private residences required to be smokefree and vaporfree when used as commercial child care or health care facilities.

(B) Hotel and motel rooms rented to guests which may include rooms specified as permitting smoking and/or vaping within rooms so designated.

(C) Private clubs, including fraternal lodges, meeting the definition of private clubs rather than places of public accommodation under the 1964 Civil Rights Act, as amended, conducting private functions where the public is not invited, welcomed, or served, hence not charged for services, will be expected to set their own policies relative to smoking and vaping control within their private facilities. Private clubs do not include establishments holding public liquor licenses from the Arizona Department of Liquor Licenses and Control, or clubs formed to circumvent this Chapter where persons pay nominal dues or the “members” do not control the operation of the “club.”

(D) Where smoking, smoking materials, vaping, vaping devices and vaping products are being used to exercise protected First Amendment activity, such as for bona fide religious purposes.

(E) Tobacco and/or vaping shops. However, if a tobacco and/or vaping shop shares a common ventilation system with an area required to be smokefree and vaporfree under this Chapter, the tobacco and/or vaping shop must meet the requirements of a designated smoking area before smoking and/or vaping can occur there.

(F) Hotel, motel, wedding chapel, reception center, restaurant, and any other bona fide conference or meeting rooms while these are being used exclusively for, or leased exclusively for, private meeting functions to which the public is not invited or allowed to attend. However, if a conference or meeting room shares a common ventilation system with an area required to be smokefree and vaporfree under this Chapter, the conference or meeting room where smoking and/or vaping is allowed must meet the requirements of a designated smoking and/or vaping area before smoking and/or vaping can occur there.

(G) In a designated smoking and/or vaping area meeting the requirements of this Chapter.

(H) In any building, facility, or area not required to be smokefree and vaporfree under this Chapter.

Mesa AZ Code 6-25-7: – CONSUMPTION OF MARIJUANA ON PROHIBITED PROPERTY
Effective: 12/8/20 – Through: 6/1/23
It is unlawful, where reasonable notice prohibiting marijuana or marijuana product consumption has been provided, to knowingly consume marijuana or marijuana products in or on property where an individual, partnership, limited liability company, private corporation, private entity or private organization of any character that occupies, owns or controls the property has prohibited consumption of marijuana or marijuana products on the premises.

Mesa AZ Code 6-11-4: – REGULATION OF SMOKING AND VAPING IN PUBLIC PLACES
Effective: 12/9/19 – Through: 6/1/23
No person shall smoke or vape in any public place when the public gathers together for any purpose or event, except in a bar whose owner chooses to allow smoking and/or vaping, in a designated smoking and/or vaping area meeting all the requirements of this Chapter.

Mesa AZ Code 6-11-5: – REGULATION OF SMOKING AND VAPING IN PLACES OF EMPLOYMENT
Effective: 12/9/19 – Through: 6/1/23
(A) Each employer in each place of employment within the city shall adopt, implement, maintain, and announce to its employees a smoking and vaping policy containing at a minimum the following requirements:

1. Except as set forth below, all workplace areas shall be “vaporfree” and “smokefree” as previously defined in Section 6-11-2.

2. Smoking and vaping is prohibited in conference rooms, meeting rooms, classrooms, auditoriums, cafeterias, kitchens, lunchrooms, employees’ lounges, rest rooms provided by employers for employee use, and in waiting areas, including outdoor waiting lines, hallways, stairways, elevators, and areas common to all employees.

3. A separate smoking and vaping area outdoors which does not require others to walk through it upon entering or a smoking and vaping area indoors which is separately constructed and negatively pressure ventilated using a separate cooling and/or heating ventilation system may be provided at the option of the employer. However, if an employee complains to the employer or the City that smoke or aerosole from a vaping device is drifting or being vented out of the designated smoking area and interfering with nonsmokers, and the employer or the City confirm that as a fact, the employer shall repair, relocate, or eliminate the designated smoking and vaping area.

4. Nothing in Chapter 11 shall require an employer to construct, purchase, or otherwise provide or facilitate any smoking or vaping area, and nothing in Chapter 11 shall preclude the designation of the total premises as smokefree and vaporfree at the option of the employer.

(B) No employee shall be retaliated against in any fashion, nor subject to termination or to disciplinary action as a result of his complaint about smoking or vaping violations in the workplace.