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3-4-301. Grounds for revocation.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-4-301. Grounds for revocation.
(a) Any permit issued pursuant to this act may be revoked for cause and must be revoked for the following causes:
(1) Conviction of the permittee or his or her agent or employee for selling any illegal beverages on the premises permitted;
(2) For making any false material statement in an application for a permit;
(3) If, within a period of two (2) years, there shall have been two (2) convictions for any violation of this act by a permittee, or two (2) convictions of any of his or her clerks, agents, employees, or servants of any violation of this act on the premises permitted;
(4) For transferring, assigning, or hypothecating a permit;
(5) Violating the provisions of § 3-1-103(c) which shall cause a forfeiture of the permit of all parties to the violation;
(6) For selling or agreeing to sell any spirituous, vinous, or malt liquors to a wholesaler, rectifier, or dispensary who is not permitted at the time of the agreement and sale to receive, store, transport, sell, and dispense same under the provisions of this act;
(7) For failure or default of a permittee to pay any license or permit tax or any part thereof or penalties imposed by this act and for a violation of any rule of the Secretary of the Department of Finance and Administration or the Director of the Alcoholic Beverage Control Division in pursuance thereof;
(8) If a retail liquor permitee directly or indirectly remunerates any person, firm, or corporation that has a direct or indirect pecuniary, proprietary, or financial interest in the creation, establishment, operation, or contractual branding of another permitted liquor establishment;
(9) If a retail liquor permitee directly or indirectly receives remuneration from any other retail liquor permitee relating
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-4-301
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:3-4-301
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c37f3997b93a92f558c620c5b6be209c960591a38d21003a543628c1228e524f
Source location: content.xml paragraph 2171
Stored source content
3-4-301. Grounds for revocation.
(a) Any permit issued pursuant to this act may be revoked for cause and must be revoked for the following causes:
(1) Conviction of the permittee or his or her agent or employee for selling any illegal beverages on the premises permitted;
(2) For making any false material statement in an application for a permit;
(3) If, within a period of two (2) years, there shall have been two (2) convictions for any violation of this act by a permittee, or two (2) convictions of any of his or her clerks, agents, employees, or servants of any violation of this act on the premises permitted;
(4) For transferring, assigning, or hypothecating a permit;
(5) Violating the provisions of § 3-1-103(c) which shall cause a forfeiture of the permit of all parties to the violation;
(6) For selling or agreeing to sell any spirituous, vinous, or malt liquors to a wholesaler, rectifier, or dispensary who is not permitted at the time of the agreement and sale to receive, store, transport, sell, and dispense same under the provisions of this act;
(7) For failure or default of a permittee to pay any license or permit tax or any part thereof or penalties imposed by this act and for a violation of any rule of the Secretary of the Department of Finance and Administration or the Director of the Alcoholic Beverage Control Division in pursuance thereof;
(8) If a retail liquor permitee directly or indirectly remunerates any person, firm, or corporation that has a direct or indirect pecuniary, proprietary, or financial interest in the creation, establishment, operation, or contractual branding of another permitted liquor establishment;
(9) If a retail liquor permitee directly or indirectly receives remuneration from any other retail liquor permitee relating to the creation, establishment, operation, or contractual branding of another permitted liquor establishment; or
(10) Except for a holder of a vested permit, if a retail liquor permitee brands the permitted location with the same name or logo as another retail liquor permitee.
(b)(1) Whenever any person holding a retailer's permit to sell and dispense vinous or spirituous liquors for beverage purposes at retail shall fail to pay any Arkansas gross receipts tax, franchise tax, or the three percent (3%) special alcoholic beverage excise tax within sixty (60) days after the taxes become due, the secretary shall notify the Alcoholic Beverage Control Board of that fact and the board shall immediately revoke such permit.
(2) It shall be unlawful for the board or any person to restore or issue a retailer's permit to any person whose permit has been revoked under the provisions of this subsection within two (2) years from the date of the revocation.
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Arkansas Code — all titles (historical 2020) · legal_authorities
3-1-103. Exempted products.
(a)(1) The provisions of this act shall not in any manner be construed to apply to the manufacture, sale, and distribution of wines or vinous liquors manufactured, sold, and distributed by residents of Arkansas.
(2) All wines or vinous liquors which shall be manufactured without the confines of this state shall be legally sold, imported, transported, possessed, and consumed only upon payment of the same privilege and excise taxes as provided for all other alcoholic liquors which are included and legalized under the provisions of this act, and traffic in such vinous liquors shall be subject to all rules provided herein.
(b) Malt and vinous beverages containing more than three and two-tenths percent (3.2%) of alcohol by weight and not more than five percent (5%) of alcohol by weight shall be taxed and regulated as provided for malt and vinous beverages containing not more than three and two-tenths percent (3.2%) alcohol by weight under the provisions of chapter 5, subchapter 2 of this title.
(c)(1) After having been manufactured and prepared for the market, the articles enumerated in this subsection are not subject to this act:
(A) Denatured alcohol or denatured rum produced and used as provided by laws and regulations now or hereinafter in force;
(B) Medicinal preparations manufactured in accordance with formulae prescribed in the United States Pharmacopoeia — National Formulary, or by the American Institute of Homeopathy that are unfit for the use for beverage purposes;
(C) Patented, patent, and proprietary medicines that are unfit for use for beverage purposes;
(D) Toilet, medicinal, and antiseptic preparations and solutions that are unfit for use for beverage purposes;
(E) Flavoring extracts and syrups that are unfit for u
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-1-103
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 3-1-103. This identifies an authority to review, not proof of applicability.