Reentering a Bar After Being Kicked Out: Trespass? ARS 13-1502

Is Reentering a Bar After Being Kicked Out Trespassing in Scottsdale?

That is the short answer, and it holds even if you had paid a cover, even if your friends and your tab were still inside, and even if the bouncer was wrong to throw you out. A bar is private property that is open to the public on the owner’s terms. The moment the owner or the owner’s staff revokes your permission to be there, your presence stops being “licensed, authorized or otherwise privileged” under A.R.S. § 13-1501(2), and walking back through the door is a crime. Below: which trespass charge applies, why refusing to leave in the first place is already trespass, what the ban means afterward, how Scottsdale police handle it, and how these cases are defended.

Which Trespass Charge Applies to Going Back Into a Bar?

Arizona has three degrees of criminal trespass, and a bar re-entry lands on one of the two misdemeanor tiers:

• Criminal trespass in the third degree, A.R.S. § 13-1502(A)(1): knowingly entering or remaining unlawfully on real property after a reasonable request to leave by the owner, anyone with lawful control of the property, or a police officer acting at the owner’s request (§ 13-1502(B)). A doorman or manager who tells you to get out is a person with lawful control. This is a Class 3 misdemeanor: up to 30 days in jail and a $500 fine under § 13-707 and § 13-802;
• Criminal trespass in the second degree, A.R.S. § 13-1503: knowingly entering or remaining unlawfully in a nonresidential structure. A bar, restaurant, or nightclub is a nonresidential structure, so prosecutors can charge the same walk-back-in as a Class 2 misdemeanor: up to 4 months in jail and a $750 fine.

Which one is filed is a charging choice. In Scottsdale City Court, defense attorneys commonly see the sidewalk-and-patio version filed as third degree and the “walked back inside” version filed as second degree. First-degree trespass under § 13-1504 is the felony tier for homes, fenced residential yards, and similar places, and does not apply to a bar; see when criminal trespass is a felony in Arizona.

Is Refusing to Leave a Bar Already Trespassing?

Yes. The statute covers remaining as well as entering. Once a reasonable request to leave has been made, standing at the bar arguing about it, sitting back down, or waiting for a friend to finish a drink is remaining unlawfully under § 13-1502(A)(1). Most Old Town trespass arrests are not dramatic re-entries; they are a person who did not leave fast enough after being told to, or who stepped outside and came back for a phone, a jacket, or a last word. The elements the State must prove are that the request was made, that it came from someone with lawful control, that it was reasonable, and that you knew about it. Arguing with the bouncer usually supplies the last element.

What Does a Trespass Warning or Bar Ban Mean in Scottsdale?

When Scottsdale police respond to an Old Town bar call, the common outcome for a first incident is a trespass warning documented at the business’s request rather than an arrest: you are identified, told you are no longer welcome at that establishment, and the warning is recorded. A private business can exclude you for as long as it likes; there is no statute setting the length of a ban, and multi-venue operators often apply it to every property they run. The warning matters because it removes any later argument about notice. Coming back a week or a month later, sober and calm, is criminal trespass under § 13-1502(A)(1) as an entry after “reasonable notice prohibiting entry,” and it is the easiest arrest in the district for an officer to make. Learn what an arrest looks like in what happens after a Scottsdale arrest and the Scottsdale City Jail guide.

What Other Charges Come With a Bar Re-Entry?

• Disorderly conduct under A.R.S. § 13-2904 (Class 1 misdemeanor, up to 6 months) when the re-entry involved shouting, fighting, or a scene; see Scottsdale disorderly conduct;
• Assault under § 13-1203 if there was contact with security on the way out or back in; see bar fights in Old Town;
• Resisting arrest under § 13-2508 when officers make the arrest on the sidewalk; see resisting arrest in Scottsdale;
• Liquor and ID counts if you are under 21; see fake IDs in Old Town.

Trespass is often the smallest charge on the complaint, but it is frequently the one the State can prove most easily, which makes it the count prosecutors hold onto in negotiations.

Which Court Hears a Scottsdale Bar Trespass Case?

Second- and third-degree trespass are misdemeanors prosecuted by the Scottsdale City Prosecutor in Scottsdale City Court at 3700 N. 75th Street. If you were cited and released, the arraignment date is on the citation; if you were booked, you will have seen a judge for release conditions, which often include staying away from the bar and sometimes from the entire Entertainment District. Violating that condition is a new problem. A first-offense misdemeanor trespass with no other charges commonly resolves through diversion, a deferred plea, or a dismissal, but that outcome is negotiated at the first pretrial conference, and the paired charges decide how easy it is.

How Is a Bar Re-Entry Trespass Charge Defended?

• Was there a request, and was it reasonable? The State must prove someone with lawful control actually told you to leave. A crowd, loud music, and a bouncer speaking to a group create real doubt about who was told what;
• Did you know? Trespass requires a knowing unlawful entry or remaining. Re-entering to retrieve property after being waved back in by a different employee, or entering a second venue you did not know shared ownership with the first, is not knowing;
• Lawful control. A patron, a promoter, or a friend of the owner is not a person with lawful control; a hired doorman is;
• Video. Old Town venues and Scottsdale police both record. The footage usually shows a shorter and quieter event than the report describes;
• The paired charge. When the disorderly or assault count falls, the trespass count is usually resolved without a conviction;
• Diversion and record protection. Keeping a misdemeanor trespass off the record matters for licensing and employment; see record clearing in Scottsdale.

For the statute in full, see our Scottsdale criminal trespass page and the Arizona criminal trespass page.

How Tamou Law Group Defends Scottsdale Bar Trespass Cases

We treat the trespass count as the State usually does: the easy one. We pull the venue and police video, pin down who made the request and whether it reached you, and defend the disorderly or assault count alongside it, because the trespass charge rarely survives on its own once the paired charge is gone. Scottsdale City Court cases are handled from our Scottsdale office at 9375 E. Shea Blvd., Suite 100, minutes from the courthouse.

Related guides: whether you have to answer Scottsdale police, Scottsdale disorderly conduct, bar fights in Old Town, and our Scottsdale criminal defense page. Call 623-321-4699, 24/7.