Recently, Arizona updated their laws regarding in-house security. The law now requires a signed and notarized Security Personnel Attestation for all personnel in security type positions. A copy of each form needs to be on file at your location for the police to review when conducting an inspection. Each security position must indicate if they have been charged with certain offenses, and if the answer is “yes”, you will not be able to hire them or keep them employed in that position per the statute. ALIC has team members available for notary services if you need assistance. These completed documents need to become part of the employee file and must be kept for a period of 2 years.
In-house security, Arizona Revised Statutes A.R.S. 32-2606.3 requires you to file an affidavit annually if you utilize the services of in-house security personnel. Failure to file this affidavit has the potential for you to be charged with a class one misdemeanor (A.R.S. 32-2637) and it may negatively impact your case if you are named in a lawsuit related to security personnel.
The Arizona Department of Public Safety’s Licensing Investigations Unit has confirmed that every business that uses in-house security is required to file the notarized affidavit annually. After this year, AZ DPS would prefer the affidavits are filed annually when you renew your liquor license.
Although it is legal for you to have unlicensed in-house security personnel, you will need to follow a few rules:
- File the Affidavit annually.
- In-house security cannot be sub-contracted – they need to be W-2 employees. They cannot be W-9 contracted employees. Paychecks must come from the company that holds the liquor license.
- If they carry a firearm they are required to have 16 hours of firearms training from an approved course.
- If uniformed, the uniform cannot look anything like a police uniform.
- All security personnel must have background checks.
For now, AZ DPS has agreed that an E-Verify for each employee will suffice for the background check.