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3-9-201. Legislative determinations and intent.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-9-201. Legislative determinations and intent.
(a) The General Assembly reaffirms the policy of this state of strict enforcement of alcoholic beverage control laws and further reaffirms the policy of this state that the qualified electors of any city, county, or political subdivision thereof shall have the right of local option pursuant to Initiated Act No. 1 of 1942, as amended, §§ 3-8-201 — 3-8-203 and 3-8-205 — 3-8-209, to prohibit the manufacture or sale of intoxicating liquor therein.
(b) The General Assembly further declares and recognizes the principle of freedom of choice of the people in any city or county in which the manufacture or sale of alcoholic beverages has not been prohibited to determine by a local referendum whether the sale of alcoholic beverages for on-premises consumption shall be authorized in the manner herein provided.
(c) The General Assembly authorizes and directs all law enforcement officials to enforce strictly the alcoholic beverage laws of this state.
(d) The General Assembly determines:
(1) That the tourist and convention industries contribute substantially to the revenues of business enterprises in this state and that income from the tourist trade, conventions, and allied industries is essential to the continued well-being and prosperity of this state;
(2) That there is extreme competition among states throughout the nation for the tourist and convention business; and
(3) That all reasonable steps should be taken to retain, foster, and encourage this business and to create favorable competitive conditions therefor in this state.
(e) In order to encourage tourists and conventions to come to Arkansas, it is essential that visitors to the state be provided accommodations, services, and facilities of a nature to which they
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-9-201
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:3-9-201
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a4ab9c2edfc4a806f81556b83e0505eda4e335bf98f7f87d187b72d9e8e56c7d
Source location: content.xml paragraph 7259
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3-9-201. Legislative determinations and intent.
(a) The General Assembly reaffirms the policy of this state of strict enforcement of alcoholic beverage control laws and further reaffirms the policy of this state that the qualified electors of any city, county, or political subdivision thereof shall have the right of local option pursuant to Initiated Act No. 1 of 1942, as amended, §§ 3-8-201 — 3-8-203 and 3-8-205 — 3-8-209, to prohibit the manufacture or sale of intoxicating liquor therein.
(b) The General Assembly further declares and recognizes the principle of freedom of choice of the people in any city or county in which the manufacture or sale of alcoholic beverages has not been prohibited to determine by a local referendum whether the sale of alcoholic beverages for on-premises consumption shall be authorized in the manner herein provided.
(c) The General Assembly authorizes and directs all law enforcement officials to enforce strictly the alcoholic beverage laws of this state.
(d) The General Assembly determines:
(1) That the tourist and convention industries contribute substantially to the revenues of business enterprises in this state and that income from the tourist trade, conventions, and allied industries is essential to the continued well-being and prosperity of this state;
(2) That there is extreme competition among states throughout the nation for the tourist and convention business; and
(3) That all reasonable steps should be taken to retain, foster, and encourage this business and to create favorable competitive conditions therefor in this state.
(e) In order to encourage tourists and conventions to come to Arkansas, it is essential that visitors to the state be provided accommodations, services, and facilities of a nature to which they are accustomed and competitive with those offered in other states and areas and especially states adjacent to Arkansas.
(f) It is the intent and purpose of this subchapter to authorize the qualified electors of cities and counties in which the sale of alcoholic beverages is not prohibited by law to approve, by referendum election, the legal sale of alcoholic beverages for consumption on the premises of restaurants, hotels, and motels as defined herein.
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Arkansas Code — all titles (historical 2020) · legal_authorities
3-8-201. Definition.
As used in this subchapter, unless the context otherwise requires, “intoxicating liquor” includes any beverage containing more than one-half of one percent (0.5%) of alcohol by weight.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-8-201
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. The source passage cites 3-8-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-8-203. Applicability of §§ 3-8-201 — 3-8-203, 3-8-205 — 3-8-209.
Nothing in §§ 3-8-201 — 3-8-203 and 3-8-205 — 3-8-209 is to be construed to affect manufacturers who sell their product exclusively to wholesalers.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-8-203
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 3-8-203. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-8-205. Determination of sufficiency of petition — Calling of election.
(a) If the petition is determined to be sufficient under § 3-8-801 et seq., the county clerk shall certify that finding to the county board of election commissioners, and the question shall be placed on the ballot in the county, township, municipality, ward, or precinct at the next biennial general election as provided in § 3-8-101.
(b)(1) If an appeal is taken from the certification of the county clerk, it shall be taken within ten (10) days and shall be considered by the circuit court within ten (10) days, or as soon as practicable, after the appeal is lodged with the court.
(2) The circuit court shall render its decision within thirty (30) days thereafter.
(c) If an appeal is taken, the election shall be had no sooner than sixty-five (65) days after the appeal is determined, if the decision is in favor of the petitioners.
(d)(1)(A) The decision shall be certified immediately to the county board of election commissioners, and the day for the election shall be fixed by the county board of election commissioners for not earlier than sixty-five (65) days nor later than ninety (90) days after the certification of the decision of the circuit court.
(B) Any appeal from the final decision of the circuit court shall be taken within ten (10) days and shall be advanced and immediately determined by the Supreme Court.
(2) In that event, the county board of election commissioners may, in its discretion, delay the election until after the final decision of the Supreme Court.
(3) If the decision is in favor of the petitioners, then the county board of election commissioners shall set the day for the election, which shall be not earlier than sixty-five (65) days nor later than ninety (90) days a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-8-205
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 3-8-205. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-8-209. Sales or furnishing place for sale in dry territory prohibited — Penalty.
(a) Except as provided in § 3-5-1901 et seq., it is unlawful for a person, firm, or corporation to manufacture, sell, barter, loan, or give away intoxicating liquor in a county, township, municipality, ward, or precinct in which the manufacture or sale of intoxicating liquor is prohibited under Initiated Act No. 1 of 1942, §§ 3-8-201 — 3-8-203 and 3-8-205 — 3-8-209.
(b)(1) Upon a first conviction, any person or officers of any firm or corporation that shall manufacture, sell, barter, loan, or give away any intoxicating liquor in any territory which has been made dry under the provisions of this subchapter shall be guilty of a violation and shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).
(2) For a second conviction, he or she shall be guilty of a violation and fined not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000), and for any subsequent conviction shall be guilty of a Class D felony.
(c) Any person or officers of a firm or corporation that knowingly furnishes or rents a house, room, wagon, vehicle, or any conveyance or thing in which intoxicating liquor is manufactured or sold, bartered, loaned, or given away in violation of prohibition secured under the provisions of this subchapter is declared to be a particeps criminis and upon conviction shall be subject to the same punishment as the principal. The house, room, wagon, vehicle, conveyance, or other thing in which the intoxicating liquor is manufactured or sold, bartered, loaned, or given away shall be liable for all fines adjudged against either the principal or the particeps criminis, or both, as defined in this subsection.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-8-209
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 3-8-209. This identifies an authority to review, not proof of applicability.