Furnishing Alcohol to a Minor: ARS 4-241 click for a free consultation

Posted on June 18, 2025 in Arizona Revised Statutes

In Arizona, under Arizona Revised Statute (ARS) 4-241, it is illegal to knowingly or in some cases even negligently provide (“furnish”) minors with alcohol.

In this post, we examine the provisions of this statute. We will cover:

• Situations that Arizona law defines as furnishing alcohol or spirituous liquor, like beer, wine, or hard liquor, to a minor.
• Penalties under the law for supplying alcohol to a minor.
• Defenses to a charge of giving alcohol to a minor.

If you have been charged with furnishing alcohol to a minor, please call Rosenstein Law Group at (480) 248-7666 or use our contact form to get help fast.

What Constitutes Furnishing Alcohol to A Minor?

ARS 4-241 identifies several circumstances in which a person or a business can be charged with providing alcohol to a minor.

Here are some common ways that individuals can be charged with supplying alcohol to a minor:

• Buying alcohol for minors at a store or a bar.
• Serving alcohol to underage individuals at a party, event, or gathering.
• Allowing a minor to engage in unlawful consumption of alcohol in a home or on one’s property.
• Providing a minor with fake identification to buy alcohol.

Duties of Licensees

Licensees are those who have a license to sell alcohol in Arizona. Examples of licensees are public places like bars, liquor stores, and restaurants that serve alcohol. 

The law prohibits licensees from selling alcohol to minors, prohibits minors from drinking alcohol on licensee premises, and imposes duties on employees of licensees to screen customers to prevent those they suspect of being under 21 from buying alcohol.

Under ARS 4-241(A), if a licensee or employee has reason to question whether a person attempting to obtain alcohol is under the legal drinking age, then the law imposes any or all of the following actions:

• Demand identification from the person.
• Examine the identification to determine that it reasonably appears to be a valid, unaltered, and undefaced identification.
• Examine the photograph in the identification and determine that the person reasonably appears to be the same person in the identification.
• Determine that the date of birth in the identification indicates the person is not under the legal drinking age.

ARS 4-241(K) lists the following as the only kinds of identification that is acceptable for licensees to verify age by:

• An unexpired Arizona driver’s license.
• An unexpired driver’s license issued by any other state, the District of Columbia, or any territory of the United States or Canada if the license includes a picture of the person and the person’s date of birth.
• An unexpired nonoperating identification license issued pursuant to ARS 28-3165, or its equivalent issued by any other state, the District of Columbia, or any territory of the United States or Canada if the license includes a picture of the person and the person’s date of birth. 
• An unexpired armed forces identification card that includes the person’s picture and date of birth.
• A valid, unexpired passport or a valid unexpired resident alien card that contains a photograph of the person and the person’s date of birth.
• A valid, unexpired consular identification card that is issued by a foreign government if the foreign government uses biometric identity verification techniques in issuing the consular identification card.
• A valid, unexpired border crossing card issued by the United States government that contains a photograph of the person and the person’s date of birth.

Instead of or in addition to the forms of identification above, under ARS 4-241(W) the licensee can use a biometric identity verification device.

ARS 4-241(D) makes a legal presumption that any licensee or employee who does not record and retain a record of the identification provided is presumed not to have performed any of the steps required above under ARS 4-241(A).

Duties of Off-Sale Licensees

Off-sale licensees are those who sell alcohol to be consumed off their premises. 

ARS 4-241(J) requires these licensees to verify the age of any customer who appears to be under the age of 27 who is using a drive-through or other feature of the premises that allow a customer to buy alcohol without leaving that person’s vehicle.

Law Enforcement Use of Minors to Test ARS 4-241 Compliance

If a law enforcement agency has reason to suspect that a licensee is selling alcohol to minors, then ARS 4-241(U) permits law enforcement agencies to use people under the legal drinking age who are between the ages of 15 and 19 to ensure compliance with the law.

Non-Licensee Violations of ARS 4-241

Licensees are not the only people who can be charged with furnishing alcohol laws in Arizona. Individuals who supply minors with alcohol, and the minors themselves, can also be prosecuted.

• Under ARS 4-241(L), it is illegal for a minor to use fake identification to obtain alcohol.
• Under ARS 4-241(M), it is illegal for a minor to request someone else to buy or otherwise obtain alcohol for the minor.
• Under ARS 4-241(N), it is illegal for a minor to use someone else’s identification or false identification to enter an establishment licensed to sell alcohol.
• Under ARS 4-241(Q), anyone at least 18 years old who occupies unlicensed premises and who knowingly hosts a party or other gathering of at least two or more persons who are under the legal drinking age, and who knows that at least one such person is underage and in possession of or consuming alcohol, commits a violation of the law.

Legal Penalties for Violations of ARS 4-241

Violations of ARS 4-241 are Class 1 or Class 3 misdemeanor-level offenses.

The violation is an Arizona Class 1 misdemeanor if:

• A minor attempts to obtain or purchase liquor from a licensee.
• A licensee or an employee of one knowingly sells alcoholic beverages to a minor.

Minors who solicit or request others to provide them with alcohol are subject to a Class 3 misdemeanor charge.

Class 1 misdemeanor penalties include up to six months in jail, a fine of up to $2,500 plus applicable surcharges, or both.

Class 3 misdemeanor penalties include up to one month in jail, or a fine of up to $500 plus applicable surcharges, or both.

Additional possible sanctions you can face for a misdemeanor-level conviction in Arizona include:

• Possible community service
• Possible probation
• Suspension or revocation of a licensee’s liquor license
• Increased insurance premiums for licensees

Defenses to a Charge of Furnishing Alcoholic Beverages to a Minor

Some defenses exist if you are charged with a violation of ARS 4-241. 

Given how specific the statutory requirements are, these defenses are technical in nature. Here are some of the most common possible defenses to the charge of supplying a minor with alcohol in Arizona.

Under ARS 4-241(B), as long as the licensee or employee follows the procedures established under the law to verify the identification of the purchaser, and records and retains a record of that person’s identification, or uses a biometric identity verification device to verify the age of the purchaser, then a mistake made in the verification process is a presumptive defense under the statute.

Under ARS 4-241(C), it is still an affirmative defense if the licensee or employee followed the entire verification procedure but failed to record and maintain a record of the identification.

Under ARS 4-241(F), it is a defense if the person buying alcohol is not under the legal drinking age.

Note, however, that under 4-241(H), none of these defenses apply if the defendant has actual knowledge that the person who displays identification is in fact underage.

Have You Been Charged With Supplying Alcohol to a Minor?

Being charged with providing a minor with alcohol carries not only the possibility of misdemeanor charges, but can also be harmful to your reputation and can stay on your public record.

As we have seen above, the defenses to a charge of violating ARS 4-241 require an in-depth knowledge of the law and the ability to muster a fact-dependent legal strategy to show your reasonable efforts to comply with the law.

This is where having an experienced Arizona criminal defense lawyer can be invaluable to your defense.

If you or someone you love has been charged with furnishing alcohol to an underage person, then contact Rosenstein Law Group for a free initial consultation.

Your case will be in the hands of an experienced criminal defense attorney you can trust to fight hard for your defense, from start to finish. Call us at (480) 248-7666 or contact us online today.