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3-4-222. Reapplication.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-4-222. Reapplication.
(a)(1) Whenever any application for any type of alcoholic beverage control permit with the exception of a private club permit being sought in an area in which the sale of alcoholic beverages is not allowed shall be denied, no application for a permit shall be accepted from that same applicant or real party in interest for a period of one (1) year following the date on which such application is finally acted upon by the Director of the Alcoholic Beverage Control Division, by the Alcoholic Beverage Control Board on appeal, or by the appellate court system, unless the applicant or real party in interest can show a substantial change in the underlying facts which supported the decision to deny the application.
(2) Provided, this subchapter shall not apply if the application was denied solely because of disapproval of the location of the premises and if a new application is for a premises other than that described in the original application.
(3) “Same applicant” or “same real party in interest” as used in this subsection (a) shall be broadly interpreted by the director or the board to be the real party or parties in interest in the original application notwithstanding the fact that the subsequent application may be made in the name of a family member, business associate, or new business entity.
(b) Reapplication for a private club in an area where the retail sale of alcoholic beverages is not legal will continue to be controlled by § 3-9-228.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-4-222
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:3-4-222
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 64b8365d283a037e336de0eda9b23530c6dcc89755fe58fd71814a26de3a3d5a
Source location: content.xml paragraph 2141
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3-4-222. Reapplication.
(a)(1) Whenever any application for any type of alcoholic beverage control permit with the exception of a private club permit being sought in an area in which the sale of alcoholic beverages is not allowed shall be denied, no application for a permit shall be accepted from that same applicant or real party in interest for a period of one (1) year following the date on which such application is finally acted upon by the Director of the Alcoholic Beverage Control Division, by the Alcoholic Beverage Control Board on appeal, or by the appellate court system, unless the applicant or real party in interest can show a substantial change in the underlying facts which supported the decision to deny the application.
(2) Provided, this subchapter shall not apply if the application was denied solely because of disapproval of the location of the premises and if a new application is for a premises other than that described in the original application.
(3) “Same applicant” or “same real party in interest” as used in this subsection (a) shall be broadly interpreted by the director or the board to be the real party or parties in interest in the original application notwithstanding the fact that the subsequent application may be made in the name of a family member, business associate, or new business entity.
(b) Reapplication for a private club in an area where the retail sale of alcoholic beverages is not legal will continue to be controlled by § 3-9-228.
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Arkansas Code — all titles (historical 2020) · legal_authorities
3-9-228. Private clubs — Reapplication for permit.
(a) Any person who has applied to the Director of the Alcoholic Beverage Control Division for a permit to operate as a private club in an area which has not elected to allow the sale of alcoholic beverages, and that application was denied, may reapply by following the procedures set forth in § 3-9-222 and the additional procedures provided for in subsection (b) of this section.
(b)(1) If the applicant is reapplying within two (2) years from the date an application was denied by the director, the application shall be accompanied by certification from the county clerk of the county where the private club is to be located certifying that the applicant obtained signatures from not less than twenty-five percent (25%) of the registered voters in the county.
(2) The application shall be filed no later than twenty (20) days from the date that the county clerk certifies the petitions.
(3) The signatures must be obtained on petitions which clearly state that the purpose of the petitions is to obtain an alcoholic beverage permit for a private club and to serve alcoholic beverages.
(4) The person obtaining signatures shall verify the signatures by affidavit which is to be filed with the county clerk at the time of filing the petitions for certification.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-9-228
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 3-9-228. This identifies an authority to review, not proof of applicability.