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3-2-206. Rules.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-2-206. Rules.
(a) The Director of the Alcoholic Beverage Control Division shall adopt and promulgate such rules as shall be necessary to carry out the intent and purposes of this subchapter and any other alcohol control acts enforced in this state.
(b) All rules of general application, including the amendment or repeal thereof, shall first be submitted by the director to the Alcoholic Beverage Control Board for its approval and upon approval shall be filed in the office of the Secretary of State.
(c) All the valid rules adopted under the provisions of this subchapter shall be absolutely binding upon all licensees and enforceable by the director through the power of suspension or cancellation of licenses.
(d) It is intended by this grant of power to adopt rules that the director shall be clothed with broad discretionary power to govern the traffic in alcoholic liquor and to enforce strictly all the provisions of the alcohol control laws of this state.
(e) The Alcoholic Beverage Control Division is authorized to assess a rule book fee which shall not exceed ten dollars ($10.00) for each rule book.
(f) A rule promulgated under this title that prohibits a person from possessing an alcoholic beverage outside of an establishment that holds a permit for on-premises consumption and from which the alcoholic beverage was purchased does not apply within a designated entertainment district as defined in § 14-54-1412.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-2-206
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:3-2-206
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 01976bc75a03a67cf9f06da88358e3a6e02f310b22e7e5ff7f24697b54663dd0
Source location: content.xml paragraph 358
Stored source content
3-2-206. Rules.
(a) The Director of the Alcoholic Beverage Control Division shall adopt and promulgate such rules as shall be necessary to carry out the intent and purposes of this subchapter and any other alcohol control acts enforced in this state.
(b) All rules of general application, including the amendment or repeal thereof, shall first be submitted by the director to the Alcoholic Beverage Control Board for its approval and upon approval shall be filed in the office of the Secretary of State.
(c) All the valid rules adopted under the provisions of this subchapter shall be absolutely binding upon all licensees and enforceable by the director through the power of suspension or cancellation of licenses.
(d) It is intended by this grant of power to adopt rules that the director shall be clothed with broad discretionary power to govern the traffic in alcoholic liquor and to enforce strictly all the provisions of the alcohol control laws of this state.
(e) The Alcoholic Beverage Control Division is authorized to assess a rule book fee which shall not exceed ten dollars ($10.00) for each rule book.
(f) A rule promulgated under this title that prohibits a person from possessing an alcoholic beverage outside of an establishment that holds a permit for on-premises consumption and from which the alcoholic beverage was purchased does not apply within a designated entertainment district as defined in § 14-54-1412.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-54-1412. Designated entertainment districts — Definition.
(a) As used in this section, “designated entertainment district” means a contiguous area located in a part of a city, a municipality, or an incorporated town that:
(1) Is zoned for or customarily used for commercial purposes; and
(2) Contains any number and any combination of restaurants, taprooms, taverns, entertainment establishments, hospitality establishments, music venues, theaters, bars, art galleries, art studios, tourist destinations, distilleries, dance clubs, cinemas, or concert halls.
(b)(1) A city, a municipality, or an incorporated town collecting a gross receipts tax on prepared food or hotel and motel accommodations under §§ 26-75-602 — 26-75-613 and located in a county authorized to sell alcoholic beverages may by ordinance create a designated entertainment district.
(2) A designated entertainment district may be permanent or temporary.
(3)(A) A city, a municipality, or an incorporated town that creates a designated entertainment district under this section shall set by ordinance reasonable standards for the regulation of alcohol possession within the boundaries of the designated entertainment district.
(B) An ordinance enacted under this subsection does not diminish the requirements of the Alcoholic Beverage Control Division of the Department of Finance and Administration concerning permits issued within the designated entertainment district.
(4) A city, a municipality, or an incorporated town that creates a designated entertainment district under this section shall notify the division within ten (10) days of the issuance or removal of a permanent or temporary designation as a designated entertainment district.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-54-1412
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-54-1412. This identifies an authority to review, not proof of applicability.