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3-3-210. Sale on Sunday or early weekday mornings.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-3-210. Sale on Sunday or early weekday mornings.
(a)(1) A person who sells intoxicating alcoholic liquor on Sunday, except as such sales are authorized by §§ 3-9-215 and 3-9-216, and subdivision (a)(3) of this section, or between 1:00 a.m. and 7:00 a.m. on weekdays is guilty of a violation and for the first offense shall be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).
(2) For the second and subsequent offenses, the person is guilty of a Class B misdemeanor.
(3) A person that holds a permit that allows on-premises consumption of alcoholic beverages may operate on Sundays between the hours of 10:00 a.m. and 12:00 midnight.
(4)(A) A city, town, or county may establish by ordinance a lesser period of time than provided in subdivision (a)(3) of this section during which on-premises consumption of alcoholic beverages may occur at on-premises outlets.
(B) The city, town, or county ordinance shall specify the on-premises outlets that are subject to the more restrictive hours of operation on a Sunday.
(5) A violation of a more restrictive city, town, or county ordinance is not an administrative violation against the Alcoholic Beverage Control Division on-premises consumption permit and shall be treated and disposed of under § 3-4-407.
(6) The hours of operation of private club permitted establishments shall continue to be controlled by Alcoholic Beverage Control Division rules.
(b)(1)(A) As a further exception to the Sunday sales prohibition set out in subsection (a) of this section, counties and cities in the state may refer to the voters at an election the issue of whether to authorize the sale of alcoholic beverages for off-premises consumption on Sundays between the hours of 10:00 a.m. and 12
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-3-210
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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Stable record: arkansas_code:legal_authorities:3-3-210
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 095f44064bc369c2b3045c644422c31dc4278cc795908411b4c6a383c9486b5c
Source location: content.xml paragraph 1080
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3-3-210. Sale on Sunday or early weekday mornings.
(a)(1) A person who sells intoxicating alcoholic liquor on Sunday, except as such sales are authorized by §§ 3-9-215 and 3-9-216, and subdivision (a)(3) of this section, or between 1:00 a.m. and 7:00 a.m. on weekdays is guilty of a violation and for the first offense shall be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).
(2) For the second and subsequent offenses, the person is guilty of a Class B misdemeanor.
(3) A person that holds a permit that allows on-premises consumption of alcoholic beverages may operate on Sundays between the hours of 10:00 a.m. and 12:00 midnight.
(4)(A) A city, town, or county may establish by ordinance a lesser period of time than provided in subdivision (a)(3) of this section during which on-premises consumption of alcoholic beverages may occur at on-premises outlets.
(B) The city, town, or county ordinance shall specify the on-premises outlets that are subject to the more restrictive hours of operation on a Sunday.
(5) A violation of a more restrictive city, town, or county ordinance is not an administrative violation against the Alcoholic Beverage Control Division on-premises consumption permit and shall be treated and disposed of under § 3-4-407.
(6) The hours of operation of private club permitted establishments shall continue to be controlled by Alcoholic Beverage Control Division rules.
(b)(1)(A) As a further exception to the Sunday sales prohibition set out in subsection (a) of this section, counties and cities in the state may refer to the voters at an election the issue of whether to authorize the sale of alcoholic beverages for off-premises consumption on Sundays between the hours of 10:00 a.m. and 12:00 midnight or within a lesser period within the hours as may be provided under a referendum election conducted in accordance with the following:
(i) A referendum election may be called in a city by a petition filed with the city clerk signed by fifteen percent (15%) of the qualified electors who cast a vote in the city for the Office of Governor in the last general election in which the office appeared on the ballot; or
(ii) A referendum election may be called in a county by a petition filed with the county clerk signed by fifteen percent (15%) of the qualified electors who cast a vote in the county for the Office of Governor in the last general election in which the office appeared on the ballot.
(B) The Sunday sale of alcoholic beverages authorized in this subsection shall be limited to those businesses within the county or city that possess a current and valid license for the sale of alcoholic beverages issued by the Alcoholic Beverage Control Division.
(2)(A) The election under this subsection shall be conducted on a citywide or countywide basis.
(B) All qualified electors within the city or county, as the case may be, shall be eligible to vote even though they may reside in a dry area.
(C) The election under this subsection on the Sunday sales question shall be held in accordance with the procedures established for on-premises consumption elections by § 3-9-201 et seq., and the ballot for the election shall be printed substantially as follows:
“( ) FOR THE OFF-PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED BY LAW.
( ) AGAINST THE OFF-PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED BY LAW.”.
(3)(A) The vote of the majority of the electors in a citywide election approving Sunday sales shall authorize the sales in all permitted outlets located within the incorporated areas of the city only.
(B) The vote of the majority of the electors in a countywide election approving Sunday sales shall authorize the sales in all permitted outlets located anywhere within the county.
(4) The vote of the majority of the electors against the off-premises sale of alcoholic beverages on Sunday has no effect on sales of mixed drinks in hotels and restaurants as authorized by § 3-9-215 or § 3-9-216 or any other on-premises-consumption permitted outlet.
(c) Notwithstanding the authority granted to counties and cities in this section, wholesale distributors of intoxicating alcoholic liquor may not sell or deliver any alcoholic beverages to retailers on a Sunday.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
3-4-407. Violation of local closing hours laws.
(a) The General Assembly, by legislation, and the Alcoholic Beverage Control Division, by rule, have created general closing hours for establishments which sell or dispense alcoholic beverages. However, the General Assembly and the division have also given the power to local city governments or local county quorum courts to adopt hours of operation which are more restrictive than the general hours of operation stated for certain permits issued by the division. It is recognized that it is more convenient for local authorities to change local ordinances on a basis that can be more frequent than the basis with which the General Assembly meets or the division adopts rules. For that reason, local control of these issues, as allowed by Code sections and regulations, is desirable. It is also recognized that when a city or county adopts a more restrictive law in this area it is unnecessary and burdensome for the city or county to notify the division each time that a modification is made to local laws, and for this reason enforcement of more restrictive ordinances should be by local law enforcement personnel who are attached to the jurisdiction which creates the more restrictive hours-of-operations law.
(b) It is hereby provided that when any permittee of the division is cited with a violation of any local closing hour ordinance adopted by a city government or a county government, that violation of an ordinance which is more restrictive than provided for by the state shall be punishable by a fine of one hundred dollars ($100) to five hundred dollars ($500) and that violation shall not be considered to be an administrative violation against the permit issued by the division.
(c) Enforcement of the more restrictive local ordina
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-4-407
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 3-4-407. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-9-201. Legislative determinations and intent.
(a) The General Assembly reaffirms the policy of this state of strict enforcement of alcoholic beverage control laws and further reaffirms the policy of this state that the qualified electors of any city, county, or political subdivision thereof shall have the right of local option pursuant to Initiated Act No. 1 of 1942, as amended, §§ 3-8-201 — 3-8-203 and 3-8-205 — 3-8-209, to prohibit the manufacture or sale of intoxicating liquor therein.
(b) The General Assembly further declares and recognizes the principle of freedom of choice of the people in any city or county in which the manufacture or sale of alcoholic beverages has not been prohibited to determine by a local referendum whether the sale of alcoholic beverages for on-premises consumption shall be authorized in the manner herein provided.
(c) The General Assembly authorizes and directs all law enforcement officials to enforce strictly the alcoholic beverage laws of this state.
(d) The General Assembly determines:
(1) That the tourist and convention industries contribute substantially to the revenues of business enterprises in this state and that income from the tourist trade, conventions, and allied industries is essential to the continued well-being and prosperity of this state;
(2) That there is extreme competition among states throughout the nation for the tourist and convention business; and
(3) That all reasonable steps should be taken to retain, foster, and encourage this business and to create favorable competitive conditions therefor in this state.
(e) In order to encourage tourists and conventions to come to Arkansas, it is essential that visitors to the state be provided accommodations, services, and facilities of a nature to which they
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-9-201
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 3-9-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-9-215. Authorization of Sunday sales on December 31.
When a Sunday falls on December 31 of any year, licensed restaurants and hotels authorized to sell alcoholic beverages under § 3-3-210 may automatically sell alcoholic beverages for on-premises consumption between the hours of 10:00 a.m. on Sunday and 2:00 a.m. on the following Monday unless the city, town, or county establishes by ordinance a lesser period of time within which alcoholic beverages may be sold for on-premises consumption by the licensed restaurants and hotels.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-9-215
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 3-9-215. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-9-216. Authorization of sales for certain large attendance facilities and restaurants.
(a) A large attendance facility under § 3-9-202(16)(B) in which pari-mutuel wagering has been authorized and which has a valid and current license or permit to sell alcoholic beverages for on-premises consumption may sell alcoholic beverages for on-premises consumption on any day of the week during hours in which the large attendance facility is open for business except on:
(1) Christmas Day under § 3-3-211; and
(2)(A) Easter Sunday.
(B) However, the large attendance facility may sell alcoholic beverages on Easter Sunday between the hours of 12:00 midnight and 2:00 a.m.
(b) A restaurant under § 3-9-202(16)(A) may sell alcoholic beverages for on-premises consumption on Sundays between the hours of 12:00 midnight and 2:00 a.m. and on Sundays between the hours of 12:00 noon and 2:00 a.m. on the following Monday in addition to other times authorized by law for selling alcoholic beverages for on-premises consumption if the restaurant:
(1) Is located in the same city as a large attendance facility authorized to sell alcoholic beverages for on-premises consumption on Sundays under subsection (a) of this section; and
(2) Has a valid and current license or permit to sell alcoholic beverages for on-premises consumption.
(c) This section does not:
(1) Authorize the sale of alcoholic beverages in any city or county or in any portion of a city or county in which the sale of alcoholic beverages is prohibited by law; or
(2) Repeal or modify any law that prohibits the sale of intoxicating alcoholic liquor, beer, or wine on Sunday unless the law specifically conflicts with this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-9-216
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 3-9-216. This identifies an authority to review, not proof of applicability.