(A) For purposes of this article, the issuer's knowledge of insufficient funds may be presumed if either:
(1) The issuer had no account with the bank or other drawee at the time he issued the check; or
(2) Payment was refused by the bank or other drawee for lack of funds upon presentation within 30 days after issue and the issuer failed to pay the holder the full amount due on the check, together with reasonable costs, within 12 days after receiving notice of that refusal.
(B) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence.
(C) Notice may be actual notice or notice in writing, sent by registered or certified mail return-receipt requested and addressed to the issuer at his or her address shown on any of the following:
(1) The check;
(2) The records of the bank or other drawee; or
(3) The records of the person to whom the check is issued or passed.
(D) The form of notice shall be substantially as follows:
NOTICE OF DISHONORED CHECK
Date: ___________________________
Name of ISSUER: _________________________________________________________________
Street Address: _____________________________________________________________________
City and State: _____________________________________________________________________
You are, according to law, hereby notified that a check or instrument numbered________________, dated _____________________, 19_____, drawn on ______________________________(Bank or other Drawee) in the amount of $_______________ and payable to _________________________________________, has been dishonored. Pursuant to Arizona law, you have twelve days from receipt of this notice to pay or tender to _______________________________ (Holder) the full amount of the check or instrument, together with all reasonable costs and protest fees of $_______, the total amount due being $__________. Unless this amount is paid in full, within the specified time above, the holder of the check or instrument may turn over the dishonored check or instrument and all other available information relating to this incident to the office of the City Attorney for criminal prosecution.
(E) If written notice is given in accordance with this section, it is presumed that the notice was received no later than 5 days after it was sent.
(Prior Code, § 10-4-2)