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3-9-305. License applications — Qualifications.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-9-305. License applications — Qualifications.
(a) A license shall not be issued to a person authorizing the sale of wine or hard cider, or both, at retail for consumption on the premises with food served in any cafe or restaurant unless the person files with the Director of the Alcoholic Beverage Control Division a verified application therefor, accompanied by the fee required by law, and shall state in the application that he or she possesses the following qualifications:
(1) The applicant is a person of good moral character, a citizen or resident alien of the United States, and a resident of the county in which the permit will be operated, or resides within thirty-five (35) miles of the address of the premises described in the application;
(2) The applicant has not been convicted of a felony or has not been convicted within five (5) years of the date of his or her application of any violation of the laws of this state or any other state relating to alcoholic beverages;
(3) The applicant has not had revoked within five (5) years next preceding his or her application any license issued to him or her pursuant to the laws of this state or any other state to sell alcoholic liquor of any kind;
(4) The applicant shall be the owner of the premises for which the license is sought or the holder of an existing lease, buy-sell agreement, offer and acceptance, or option to lease thereon;
(5) If the applicant is a copartner, all members of the copartnership must be qualified to obtain a license;
(6)(A)(i) If the applicant is a corporation, the president and directors thereof, any stockholder owning more than five percent (5%) of the stock of such corporation who is not exempted under subdivision (6)(A)(ii) of this section, and the person or persons who shall conduct
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-9-305
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:3-9-305
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d5e11ce741dcf6f590f3d656caf3599ff5a711aa256423e11877e2bd63a53aab
Source location: content.xml paragraph 8042
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3-9-305. License applications — Qualifications.
(a) A license shall not be issued to a person authorizing the sale of wine or hard cider, or both, at retail for consumption on the premises with food served in any cafe or restaurant unless the person files with the Director of the Alcoholic Beverage Control Division a verified application therefor, accompanied by the fee required by law, and shall state in the application that he or she possesses the following qualifications:
(1) The applicant is a person of good moral character, a citizen or resident alien of the United States, and a resident of the county in which the permit will be operated, or resides within thirty-five (35) miles of the address of the premises described in the application;
(2) The applicant has not been convicted of a felony or has not been convicted within five (5) years of the date of his or her application of any violation of the laws of this state or any other state relating to alcoholic beverages;
(3) The applicant has not had revoked within five (5) years next preceding his or her application any license issued to him or her pursuant to the laws of this state or any other state to sell alcoholic liquor of any kind;
(4) The applicant shall be the owner of the premises for which the license is sought or the holder of an existing lease, buy-sell agreement, offer and acceptance, or option to lease thereon;
(5) If the applicant is a copartner, all members of the copartnership must be qualified to obtain a license;
(6)(A)(i) If the applicant is a corporation, the president and directors thereof, any stockholder owning more than five percent (5%) of the stock of such corporation who is not exempted under subdivision (6)(A)(ii) of this section, and the person or persons who shall conduct and manage the licensed premises for the corporation shall possess all the qualifications required herein for an individual license.
(ii) An applicant is not required to state the identity of its shareholders who are not the president or the director when the corporation:
(a) Is publicly traded on a nationally recognized stock exchange; or
(b) Holds at least ten (10) permits issued by the Alcoholic Beverage Control Division for the sale of alcoholic beverages.
(B) The requirement as to residence in the United States or citizenship of the United States shall not apply to officers, directors, and stockholders of the corporation, but the requirement shall apply to any officer, director, or stockholder who is also the manager of the licensed premises in any capacity in the conduct or operation of the licensed premises; and
(7) The cafe or restaurant making application for the license is primarily engaged in the business of serving foods to the public prepared for consumption on the premises and must be an established eating place within the rules promulgated by the Alcoholic Beverage Control Board as provided in § 3-9-301(6).
(b) Any misstatement or concealment of fact in the application shall be grounds for the revocation of any license issued pursuant to the application.
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Arkansas Code — all titles (historical 2020) · legal_authorities
3-9-301. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Director” means the Director of the Alcoholic Beverage Control Division;
(2) “Guest” means a person who orders and is served a meal inside a restaurant during regular hours;
(3)(A) “License” means a license to sell wine in a restaurant or cafe.
(B) An annual fee of three hundred dollars ($300) shall be paid for each license or renewal of a license.
(C) All moneys derived from the annual fees shall be deposited into the State Treasury as general revenues to the credit of the State Apportionment Fund, to be allocated and transferred to the various funds, fund accounts, and accounts participating in general revenues in the respective proportions to each as provided by law, and to be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq.;
(4) “Meal” means food commonly ordered at various hours of the day;
(5) “Person” means any person, firm, partnership, association, or corporation;
(6)(A) “Restaurant” or “cafe” means a place of business that is regularly used to serve a meal to a guest for compensation and has a suitable kitchen facility to serve an entire menu approved by the Alcoholic Beverage Control Division.
(B) The menu shall contain a selection of food and shall not be limited to sandwiches or salads.
(C) The kitchen shall:
(i) Have adequate refrigeration to preserve the food on the menu;
(ii) Be kept in a sanitary condition; and
(iii) Comply with the rules of the Department of Health.
(D)(i) The Alcoholic Beverage Control Board is authorized and directed to establish appropriate rules defining “established eating places” to the extent that licenses granted under the provisions of this subchapter shall be
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-9-301
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 3-9-301. This identifies an authority to review, not proof of applicability.