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3-4-403. Class A permit violations.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-4-403. Class A permit violations.
The following acts on the part of any permittee are Class A permit violations:
(1) Failure to furnish access to premises by any law enforcement officer or any authorized Alcoholic Beverage Control Division personnel or failure to cooperate or take reasonable action to assist any such law enforcement officers or authorized division personnel who are on the permitted premises in the performance of their duties;
(2) Failure to allow inspection of books or records;
(3) Posting permit on unauthorized premises;
(4) Manufacture or possession of controlled beverage with excess alcoholic content;
(5) Sale by a manufacturer to other than a wholesaler. Provided, sales authorized by any law of the state relating to native wines shall not constitute a violation;
(6) Sale by a wholesaler to other than a retailer;
(7) Ownership or other interest in retail outlet by a manufacturer or a wholesaler. Provided, that such ownership or other interest authorized by any law of this state relating to native wines shall not be a violation;
(8) Unauthorized gift or service to retailers by a manufacturer or a wholesaler;
(9) Use of post-dated checks for payment of controlled beverages and merchandise;
(10) Wholesaler making delivery to a consumer;
(11) The permittee possessed or knew or reasonably should have known that any agent or employee or patron of the establishment possessed on the permitted premises any illegal drug or narcotic or controlled substance or that any agent or employee while acting on the permittee's behalf knowingly allowed the possession on the permitted premises of any illegal drug or narcotic or controlled substance;
(12) Selling or allowing the consumption of alcoholic beverages on the permitted premises when the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-4-403
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:3-4-403
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 42a7ac3605f63788f56fc71c7fd6cf40eba205b468b90ebcdb5aa3f19d3190f0
Source location: content.xml paragraph 2261
Stored source content
3-4-403. Class A permit violations.
The following acts on the part of any permittee are Class A permit violations:
(1) Failure to furnish access to premises by any law enforcement officer or any authorized Alcoholic Beverage Control Division personnel or failure to cooperate or take reasonable action to assist any such law enforcement officers or authorized division personnel who are on the permitted premises in the performance of their duties;
(2) Failure to allow inspection of books or records;
(3) Posting permit on unauthorized premises;
(4) Manufacture or possession of controlled beverage with excess alcoholic content;
(5) Sale by a manufacturer to other than a wholesaler. Provided, sales authorized by any law of the state relating to native wines shall not constitute a violation;
(6) Sale by a wholesaler to other than a retailer;
(7) Ownership or other interest in retail outlet by a manufacturer or a wholesaler. Provided, that such ownership or other interest authorized by any law of this state relating to native wines shall not be a violation;
(8) Unauthorized gift or service to retailers by a manufacturer or a wholesaler;
(9) Use of post-dated checks for payment of controlled beverages and merchandise;
(10) Wholesaler making delivery to a consumer;
(11) The permittee possessed or knew or reasonably should have known that any agent or employee or patron of the establishment possessed on the permitted premises any illegal drug or narcotic or controlled substance or that any agent or employee while acting on the permittee's behalf knowingly allowed the possession on the permitted premises of any illegal drug or narcotic or controlled substance;
(12) Selling or allowing the consumption of alcoholic beverages on the permitted premises when the permit is suspended or on inactive status;
(13) Selling to minors;
(14) Unauthorized employment of a minor;
(15)(A) Disorderly conduct or a breach of the peace by a patron or employee on the permitted premises.
(B) As used in subdivision (15)(A) of this section, “disorderly conduct” includes without limitation a fight, brawl, or disturbance that results in bodily injury to a person on the permitted premises;
(16) Violation of § 3-3-218;
(17) Selling to an intoxicated person;
(18) Unauthorized manufacturing, selling, offering, dispensing, or giving away of controlled beverages;
(19)(A) Conducting or permitting gambling on premises.
(B) Conducting or permitting gambling under subdivision (19)(A) of this section does not include:
(i) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; or
(ii) A lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.;
(20) Violation of legal closing hours; and
(21)(A) Possession of a weapon on the permitted premises by a person without a possessory or proprietary interest in the permitted premises.
(B) When the permitted premises is a retail liquor store that sells alcoholic beverages for off-premises consumption, an employee of the retail liquor store that is licensed to carry a concealed handgun by the state may possess a handgun on the permitted premises if the possession of the handgun is permitted under state law.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-114-101. Short title.
This chapter shall be known and may be cited as the “Charitable Bingo and Raffles Enabling Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-114-101
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 23-114-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-115-101. Short title.
This chapter shall be known and may be cited as the “Arkansas Scholarship Lottery Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-115-101
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 23-115-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-3-218. Duty of care of privilege license holders — Enforcement.
(a) It is the specifically declared policy of the General Assembly that all licenses issued to establishments for the sale or dispensing of alcoholic beverages are privilege licenses, and the holder of such privilege license is to be held to a high duty of care in the operation of the licensed establishment.
(b) It is the duty of every holder of an alcoholic beverage permit issued by the State of Arkansas to operate the business wherein alcoholic beverages are sold or dispensed in a manner which is in the public interest and does not endanger the public health, welfare, or safety. Failure to maintain this duty of care shall be a violation of this section and grounds for administrative sanctions being taken against the holder of the permit or permits.
(c)(1) The standard of review for the Director of the Alcoholic Beverage Control Division and the Alcoholic Beverage Control Board in matters arising herein shall be:
(A) Whether the permitted outlet, as it has been operated, promotes the public convenience and advantage;
(B) Whether the continuation of the outlet would promote the public interest; and
(C) Whether the outlet's business operation endangers the public health, welfare, or safety of the area or community in which it is located.
(2) It is specifically granted to the director and the board the power to review the outlet and its operation as if it were a new application, taking into consideration all factors involved in the review of an application as initially filed before the agency.
(d)(1) As to all violations occurring inside the permitted premises, the standard of proof shall be by substantial evidence.
(2) As to all violations occurring outside the permitted premises, the sta
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-3-218
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 3-3-218. This identifies an authority to review, not proof of applicability.