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3-9-203. Applicability — Purpose and effect of referendum election.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-9-203. Applicability — Purpose and effect of referendum election.
(a) The provisions of this subchapter authorizing on-premises consumption shall be effective only in cities and counties, or portions thereof, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held pursuant to Initiated Act No. 1 of 1942, §§ 3-8-201 — 3-8-203 and 3-8-205 — 3-8-209, and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as herein provided.
(b) A favorable vote at a referendum election shall authorize on-premises consumption in licensed premises, as provided in this subchapter, in only those areas of the city or county which are not dry areas.
(c)(1) A referendum election held in a city shall be for the purpose of determining whether the sale of alcoholic beverages for on-premises consumption shall be authorized in the portions of the city in which the sale of alcoholic beverages is not otherwise prohibited by law.
(2) A referendum election held in a county shall be for the purpose of determining whether the sale of alcoholic beverages for on-premises consumption shall be authorized in all areas of the county, including cities of the first class and second class and incorporated towns therein, in which the sale of alcoholic beverages is not otherwise prohibited by law.
(d)(1) A property owner's association with a population of five thousand (5,000) or more or a county, city, or town may authorize by ordinance the sale of alcoholic beverages for on-premises consumption under this subchapter if the property owner's association or the county, city, or town is located in or is a county that authorized the manufacture and sale of intoxicating
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-9-203
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:3-9-203
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2504bad3355ecb2a543499e8b27496591310c40422a5d6e3ea49250983219fe9
Source location: content.xml paragraph 7347
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3-9-203. Applicability — Purpose and effect of referendum election.
(a) The provisions of this subchapter authorizing on-premises consumption shall be effective only in cities and counties, or portions thereof, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held pursuant to Initiated Act No. 1 of 1942, §§ 3-8-201 — 3-8-203 and 3-8-205 — 3-8-209, and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as herein provided.
(b) A favorable vote at a referendum election shall authorize on-premises consumption in licensed premises, as provided in this subchapter, in only those areas of the city or county which are not dry areas.
(c)(1) A referendum election held in a city shall be for the purpose of determining whether the sale of alcoholic beverages for on-premises consumption shall be authorized in the portions of the city in which the sale of alcoholic beverages is not otherwise prohibited by law.
(2) A referendum election held in a county shall be for the purpose of determining whether the sale of alcoholic beverages for on-premises consumption shall be authorized in all areas of the county, including cities of the first class and second class and incorporated towns therein, in which the sale of alcoholic beverages is not otherwise prohibited by law.
(d)(1) A property owner's association with a population of five thousand (5,000) or more or a county, city, or town may authorize by ordinance the sale of alcoholic beverages for on-premises consumption under this subchapter if the property owner's association or the county, city, or town is located in or is a county that authorized the manufacture and sale of intoxicating liquor.
(2) The authority of a county quorum court under subdivision (d)(1) of this section applies only to unincorporated areas of the county.
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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.