3-5-1903. Microbrewery-restaurant private club — Procedure for obtaining permit.

3-5-1903. Microbrewery-restaurant private club — Procedure for obtaining permit. (a) A microbrewery-restaurant private club applicant may apply to obtain a microbrewery-restaurant private club through the procedures provided under § 3-9-222. (b)(1) The application for a microbrewery-restaurant private club shall be submitted to the Alcoholic Beverage Control Division and accompanied by an annual permit fee of one thousand five hundred dollars ($1,500). (2) In an area in which the sale of alcoholic beverages is not authorized by local option under § 3-8-201 et seq., the application for a microbrewery-restaurant private club permit shall be accompanied by an additional application fee of one thousand five hundred dollars ($1,500). (c)(1) After filing an acceptable application with the Director of the Alcoholic Beverage Control Division, the applicant shall publish at least one (1) time each week for four (4) consecutive weeks in a legal newspaper of general circulation in the city in which the premises are situated or, if the premises are not in a city, in a newspaper of general circulation for the locality where the business is to be conducted, a notice that the applicant has applied for a permit to dispense alcoholic beverages on the premises. (2) The notice shall be: (A) In such form as the director prescribes; and (B) Verified. (3) The notice shall list the name of the business owner and the managing agent, as applicable, and shall state: (A) That the manager, owner, at least one (1) partner, or the majority stockholder is a resident of Arkansas; (B) That he or she is of good moral character; (C) That he or she has never been convicted of a felony; (D) That he or she has never had a permit to sell or dispense alcoholic beverages revoked within the five (5) years preceding the date of the notice; and (E) That he or she has never been convicted of violating the laws of this state or of any other state governing the sale or dispensing of alcoholic beverages. (d)(1) Within five (5) days after filing an application for a permit to dispense alcoholic beverages on the premises, a notice of the application shall be posted in a conspicuous place at the entrance to the planned premises. (2) The applicant shall notify the director of the date when the notice is first posted. (3) A permit shall not be issued to an applicant until proper notice has been posted on the premises for at least thirty (30) consecutive days. (4) The notice shall be in such form as the director shall prescribe and shall be: (A) At least eleven inches (11") in width and seventeen inches (17") in height; and (B) Printed in black lettering on a yellow background. (e)(1) Upon receipt of an application for a permit and notification of the posted notice as required under subsection (d) of this section, the director shall immediately mail a copy of the application to the sheriff, chief of police, if located within a city, prosecuting attorney of the locality in which the premises are situated, and city board of directors or other governing body of the city in which the premises are located. (2) A permit shall not be issued by the director under this section until at least thirty (30) days have passed from the mailing of the notices required by this section. (3) If the director receives notification of an objection to the issuance of a permit from a governing official of the city or county within the thirty (30) days required under subdivision (d)(3) of this section, the director shall not issue the permit until he or she has held a public hearing. (f) The director may issue a permit as authorized in this section upon determination that the applicant is qualified and that the application is in the public interest.