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3-4-201. Number of permits restricted — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-4-201. Number of permits restricted — Definition.
(a) The public policy of the state is to restrict the number of permits in this state to dispense vinous (except small farm wines), spirituous, or malt liquor.
(b)(1) The Alcoholic Beverage Control Board shall determine whether public convenience and advantage will be promoted by issuing a permit and by increasing or decreasing the number of permits the board issues.
(2) The number of permits issued by the board shall be restricted.
(c) The board has the discretion to determine the number of permits to be granted in each county of this state or within the corporate limits of any municipality of this state and to determine the location and the persons to whom the permits shall be issued, under the following conditions:
(1) The number of permits allowing the off-premises sale of vinous (except small farm wines), spirituous, or malt liquor in the State of Arkansas shall not exceed a ratio of one (1) permit for every seven thousand five hundred (7,500) population residing in the county or political subdivision of the county;
(2)(A) The number of permits allowing the off-premises sale of vinous (except small farm wines), spirituous, or malt liquor in a county or political subdivision of the county that permits the sale shall not exceed a ratio of one (1) permit for every seven thousand five hundred (7,500) population residing in that county or political subdivision of the county.
(B) Population of the county or political subdivision of the county shall:
(i) Be determined according to the most recent federal decennial census; and
(ii) Count all residents of the county or political subdivision of the county, including without limitation the residents of a dry political subdivision of a county;
(3) A new pe
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-4-201
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:3-4-201
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bad77d68437b055ef4df8d0056074f55d8b03e16e6079ebd507109bf9a905642
Source location: content.xml paragraph 1720
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3-4-201. Number of permits restricted — Definition.
(a) The public policy of the state is to restrict the number of permits in this state to dispense vinous (except small farm wines), spirituous, or malt liquor.
(b)(1) The Alcoholic Beverage Control Board shall determine whether public convenience and advantage will be promoted by issuing a permit and by increasing or decreasing the number of permits the board issues.
(2) The number of permits issued by the board shall be restricted.
(c) The board has the discretion to determine the number of permits to be granted in each county of this state or within the corporate limits of any municipality of this state and to determine the location and the persons to whom the permits shall be issued, under the following conditions:
(1) The number of permits allowing the off-premises sale of vinous (except small farm wines), spirituous, or malt liquor in the State of Arkansas shall not exceed a ratio of one (1) permit for every seven thousand five hundred (7,500) population residing in the county or political subdivision of the county;
(2)(A) The number of permits allowing the off-premises sale of vinous (except small farm wines), spirituous, or malt liquor in a county or political subdivision of the county that permits the sale shall not exceed a ratio of one (1) permit for every seven thousand five hundred (7,500) population residing in that county or political subdivision of the county.
(B) Population of the county or political subdivision of the county shall:
(i) Be determined according to the most recent federal decennial census; and
(ii) Count all residents of the county or political subdivision of the county, including without limitation the residents of a dry political subdivision of a county;
(3) A new permit that is issued in a county or political subdivision of the county following the most recent federal decennial census shall be issued under the following restrictions:
(A) Additional permits may be issued at a ratio of one (1) permit for every additional seven thousand five hundred (7,500) population within the county or political subdivision of the county; and
(B)(i) A qualified applicant may apply for a permit.
(ii) Qualifications are to be set by the board and the board's determination of the public convenience and advantage;
(4)(A) If it is determined that a county or political subdivision of the county is entitled to additional permits when warranted by the most recent federal decennial census, the board shall announce before the last date for applications the number of new permits, if any, that may be issued in the county or political subdivision of the county.
(B) In the event that the most recent federal decennial census population figures decline in a county or political subdivision of the county:
(i) Existing permits shall not be cancelled or revoked for the decline in population;
(ii) The quota ratio shall not be applied to the county or political subdivision of the county until the population in the county or political subdivision of the county reaches a number equaling one (1) permit to every seven thousand five hundred (7,500) population; and
(iii) A new permit shall not be issued in the county or political subdivision of the county until the population warrants.
(C) A transfer of locations from one county to another county is not allowed.
(D) If a holder of a permit for the sale of vinous (except small farm wines), spirituous, or malt liquor surrenders the permit in a county or political subdivision of the county where the ratio no longer meets the requirement of one (1) permit for every seven thousand five hundred (7,500) population, new applications shall not be accepted until that ratio is reestablished at a subsequent federal decennial census;
(5)(A)(i) If a permit holder does not conduct business under a permit issued for a period of more than thirty (30) days, the permit shall be surrendered to the Director of the Alcoholic Beverage Control Division and shall be placed on inactive status.
(ii) The permit may remain inactive for three (3) months.
(B) To secure the return of the permit, the permit holder shall file with the director a written statement showing:
(i) That all taxes and fees owing to the state have been paid;
(ii) The reason for the suspension of business activities; and
(iii) The date business activity will resume.
(C)(i) The permit holder may petition the board for an extension of inactive status for an additional three-month period.
(ii) The board may grant an initial extension upon a showing by the permit holder and a finding by the board that:
(a) Business circumstances exist to justify an extension;
(b) The delay to return to business was not due to mere deferral or inattention on the part of the permit holder; and
(c) The inactive status should be extended.
(iii)(a) The permit holder may appeal to the board for a second extension of inactive status for an additional six-month period, but only upon a showing by the permit holder and a finding by the board that emergency circumstances exist to justify a final extension.
(b) “Emergency circumstances” means delays in return to business that are beyond the control, planning, or foresight of the permit holder, including without limitation:
(1) A delay due to a natural or man-made disaster;
(2) The pending adjudication of a lawsuit;
(3) A building construction problem; and
(4) A contested or delayed insurance claim or settlement.
(D) A permit remaining on inactive status for a period of more than twelve (12) months or which has not been granted an extension under this subdivision (c)(5) shall expire; and
(6)(A) This section and §§ 3-4-202 and 3-4-208, except with regard to a permit on inactive status for more than twelve (12) months after the provisions of subdivision (c)(5) of this section have become effective or a permit that has expired in accordance with subdivision (c)(5) of this section, do not divest any permit holder holding the permit on September 1, 2019, regardless of the quota ratio, of his or her permit.
(B) In a county or political subdivision of the county that has a ratio lower than the permit quota ratio of one (1) permit for every seven thousand five hundred (7,500) population, the permit holder shall be allowed to continue under subdivision (c)(4)(B) of this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
3-4-202. City and county licenses and taxes.
(a) The Alcoholic Beverage Control Board in exercising its discretionary power shall give due regard to the ordinances and regulations of the counties and municipalities of this state.
(b) All municipal corporations may license and tax the manufacture and sale of vinous (except wines), spirituous, or malt liquors by the permittees so authorized by the board. However, the municipal license fee shall not exceed an amount equal to one-half (½) of the license fee collected by the board for the State of Arkansas.
(c) Nothing in this act shall be construed to prevent the county court from licensing the sale and manufacture of vinous (except wines), spirituous, or malt liquors by the permittees so authorized by the board, provided that the premises permitted are located outside the limits of a municipal corporation but within the county in which the county court is located. However, the license fee collected by the county court shall not exceed the amount equal to one-half (½) of the license fee collected by the board for the State of Arkansas.
(d) No county license fee shall be collected from any permittee where the premises permitted are located within the limits of a municipal corporation.
(e) No permittee shall be required to pay both a city and a county license fee for the same premises permitted by the board.
(f) Nothing in this act shall be construed to prevent the prohibition of the manufacture and sale by means of local option elections as authorized by law.
(g)(1) The city clerk or county clerk charged with the duty of collecting the license fee shall notify the board of the identity of retailers failing to comply with the provisions of this section.
(2) The board shall then notify wholesale dealers to disc
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-4-202
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 3-4-202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-4-208. Applications — Procedure for acceptance and determination.
(a) Applications for new permits will be accepted by the Alcoholic Beverage Control Division after the publication of new census figures if the applications are warranted within a county or subdivision thereof.
(b) When it has been determined that new applications are appropriate, the division shall notify the public at large by legal notice that it will be accepting applications for a particular county or political subdivision thereof.
(c) Applications will then be accepted from the affected area beginning thirty (30) days after the date of publication, and no applications will be accepted after ninety (90) days of the publication date.
(d) All applications received from the affected area will then be processed and set for an Alcoholic Beverage Control Board meeting. The board meeting shall not be earlier than one hundred fifty (150) days after the publication of the legal notice specified in subsection (b) of this section, nor later than one hundred eighty (180) days after publication.
(e) No later than fifteen (15) days prior to the hearing, each applicant for a new permit or his or her agent will be allowed to draw a number between one (1) and a number equal to the number of applicants having filed. The drawing will be conducted by the Director of the Alcoholic Beverage Control Division. Position numbers may not be assigned or transferred.
(f) At the meeting the applications will be heard in order of the numbers drawn. There will only be as many applications heard as will equal the number of new permits allowed in the county or subdivision thereof.
(g)(1) If the board finds that an applicant is qualified and that his or her proposed premises meet the public convenience and advantage o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-4-208
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 3-4-208. This identifies an authority to review, not proof of applicability.