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3-9-235. Suspension, cancellation, and revocation of permits.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-9-235. Suspension, cancellation, and revocation of permits.
(a) Upon his or her own complaint or that of any law enforcement agency having jurisdiction over the permitted premises, the Director of the Alcoholic Beverage Control Division may suspend, cancel, or revoke any permit granted hereunder for violation by the permittee of any provision of this subchapter or any rule, regulation, or order of the Alcoholic Beverage Control Board.
(b) Permits may be suspended, cancelled, or revoked for the following causes:
(1) Conviction of the permittee for violating any of the provisions of this subchapter;
(2) Willful failure or refusal by any permittee to comply with any of the provisions of this subchapter or of any rule or regulation adopted pursuant thereto;
(3) The making of any materially false statement in any application for a permit;
(4) The possession for sale on the permitted premises of any alcoholic beverages upon which applicable taxes have not been paid;
(5) The willful failure of any permittee to keep any records or make any reports required by this subchapter or by any rule or regulation adopted thereunder or to allow an inspection of such records by any duly authorized person; and
(6) The suspension or revocation of a permit issued to the permittee by the federal government or conviction of violating any federal law relating to alcoholic beverages.
(c) No permit shall be suspended, cancelled, or revoked except after a hearing by the director with reasonable notice to the permittee and an opportunity for him or her to appear and defend as provided in § 3-2-212.
(d)(1) Appeals to the board from an order by the director of suspension, cancellation, or revocation may be had as provided by § 3-2-213.
(2) Appeals from a decision of the board m
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-9-235
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:3-9-235
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b9e333cef71f1c60f0729567f0afd8985a55ef42cec6c7df6bf130bdbb41876c
Source location: content.xml paragraph 7813
Stored source content
3-9-235. Suspension, cancellation, and revocation of permits.
(a) Upon his or her own complaint or that of any law enforcement agency having jurisdiction over the permitted premises, the Director of the Alcoholic Beverage Control Division may suspend, cancel, or revoke any permit granted hereunder for violation by the permittee of any provision of this subchapter or any rule, regulation, or order of the Alcoholic Beverage Control Board.
(b) Permits may be suspended, cancelled, or revoked for the following causes:
(1) Conviction of the permittee for violating any of the provisions of this subchapter;
(2) Willful failure or refusal by any permittee to comply with any of the provisions of this subchapter or of any rule or regulation adopted pursuant thereto;
(3) The making of any materially false statement in any application for a permit;
(4) The possession for sale on the permitted premises of any alcoholic beverages upon which applicable taxes have not been paid;
(5) The willful failure of any permittee to keep any records or make any reports required by this subchapter or by any rule or regulation adopted thereunder or to allow an inspection of such records by any duly authorized person; and
(6) The suspension or revocation of a permit issued to the permittee by the federal government or conviction of violating any federal law relating to alcoholic beverages.
(c) No permit shall be suspended, cancelled, or revoked except after a hearing by the director with reasonable notice to the permittee and an opportunity for him or her to appear and defend as provided in § 3-2-212.
(d)(1) Appeals to the board from an order by the director of suspension, cancellation, or revocation may be had as provided by § 3-2-213.
(2) Appeals from a decision of the board may be had as provided in § 3-2-216.
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Arkansas Code — all titles (historical 2020) · legal_authorities
3-2-212. Denial, suspension, or revocation of licenses — Proceedings before division.
(a) All proceedings for the suspension and revocation of licenses shall be before the Director of the Alcoholic Beverage Control Division.
(b) The proceedings shall be in accordance with rules established by the director and not inconsistent with law.
(c) No license shall be revoked except after a hearing by the director with reasonable notice to the licensee and an opportunity to appear and defend.
(d) However, the director shall not be bound by the legal rules of evidence in conducting hearings and in making his or her decisions and may take into consideration any testimony, papers, or documents which he or she may deem relevant to the issue.
(e)(1) Whenever the director shall refuse an application for any license or shall suspend or revoke any license, he or she shall prepare an order so providing which shall be signed by the director or some person designated by him or her, and the seal of the director shall be affixed thereto.
(2) The order shall be mailed by registered mail by the director to the applicant at the address as shown on the application or to the licensee at the address of the premises licensed, as the case may be.
(3) The order shall be final and binding on all parties until the order has been appealed as provided for in § 3-2-213 and a decision has been rendered by the Alcoholic Beverage Control Board.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-2-212
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 3-2-212. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-2-213. Denial, suspension, or revocation of license — Appeal to board.
(a)(1) Any applicant or licensee aggrieved by an order of refusal, suspension, or revocation issued by the Director of the Alcoholic Beverage Control Division or any person or group of persons who have formally protested the issuance of any license before a decision has been rendered by the director and are aggrieved by the issuance of the license may appeal the order or decision to the Alcoholic Beverage Control Board by filing a notice of appeal.
(2) The notice of appeal of a director's decision or order shall be in a written form which shall be mailed or delivered to the offices of the Alcoholic Beverage Control Division.
(3) The notice of appeal must be mailed or delivered to the offices of the division within fifteen (15) days after the order to be appealed was received by the recipient, as shown by the certified mail return receipt card returned to the division. In the event that the person filing an appeal of the director's decision or order was not sent a certified letter of the same, then the fifteen-day appeal period begins on the date that the director's decision or order was issued.
(4) Whenever any notice of appeal is filed with the division, the director shall immediately notify the board of that fact.
(b)(1) A hearing shall be held within at least sixty (60) days after the date of the filing of the notice of appeal unless the person appealing consents to a later hearing.
(2) Not later than ten (10) days before the time fixed for the hearing, the director shall notify the board and the applicant, licensee, or protester of the time when and the place where the appeal shall be heard by the board.
(3) At the time and place so fixed for the hearing, the board shall proceed t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-2-213
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 3-2-213. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-2-216. Appeal to courts.
An appeal of the decision of the Alcoholic Beverage Control Board may be filed in conformance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-2-216
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 3-2-216. This identifies an authority to review, not proof of applicability.