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5-71-212. Public intoxication — Drinking in public.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-71-212. Public intoxication — Drinking in public.
(a) A person commits the offense of public intoxication if he or she appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree and under circumstances such that:
(1) The person is likely to endanger himself or herself or another person or property; or
(2) The person unreasonably annoys a person in his or her vicinity.
(b)(1) Public intoxication is a Class C misdemeanor.
(2)(A) Public intoxication is an unclassified misdemeanor if the person has been convicted of public intoxication two (2) or more times within five (5) years of the date of the current offense.
(B) If convicted of the unclassified misdemeanor of public intoxication for a third or subsequent offense of public intoxication occurring within a five-year period, in addition to a fine of no more than five hundred dollars ($500), the person may be sentenced to:
(i) Probation not to exceed one (1) year, with a condition that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency;
(ii) A term not to exceed thirty (30) days in a county jail, with an additional probationary period to include as a condition of probation that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency, with the total time of jail and probation not to exceed one (1) year; and
(iii) Provided that with regard to any revocation of probation under subdivision (b)(2)(B)(i) or subdivision (b)(2)(B)(ii) of this section, that any jail sentence imposed for revocation of probation not exceed thirty (30) days in the county jail.
(c) A person commits the offense of drinking in public if the person, other than in a place of business licensed
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-71-212
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-71-212
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ff08dcb517ed17c02a5721a38c1c14b1d23da2e2670a56bee3f25abbb51cf276
Source location: content.xml paragraph 29083
Stored source content
5-71-212. Public intoxication — Drinking in public.
(a) A person commits the offense of public intoxication if he or she appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree and under circumstances such that:
(1) The person is likely to endanger himself or herself or another person or property; or
(2) The person unreasonably annoys a person in his or her vicinity.
(b)(1) Public intoxication is a Class C misdemeanor.
(2)(A) Public intoxication is an unclassified misdemeanor if the person has been convicted of public intoxication two (2) or more times within five (5) years of the date of the current offense.
(B) If convicted of the unclassified misdemeanor of public intoxication for a third or subsequent offense of public intoxication occurring within a five-year period, in addition to a fine of no more than five hundred dollars ($500), the person may be sentenced to:
(i) Probation not to exceed one (1) year, with a condition that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency;
(ii) A term not to exceed thirty (30) days in a county jail, with an additional probationary period to include as a condition of probation that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency, with the total time of jail and probation not to exceed one (1) year; and
(iii) Provided that with regard to any revocation of probation under subdivision (b)(2)(B)(i) or subdivision (b)(2)(B)(ii) of this section, that any jail sentence imposed for revocation of probation not exceed thirty (30) days in the county jail.
(c) A person commits the offense of drinking in public if the person, other than in a place of business licensed to sell alcoholic beverages for consumption on the premises, consumes any alcoholic beverage:
(1) In any public place;
(2) On any highway or street;
(3) Upon any passenger coach, streetcar, or in or upon any vehicle commonly used for the transportation of passengers; or
(4) In or about any depot, platform, waiting station or room, or other public place.
(d) Drinking in public is a Class C misdemeanor.
(e) This section does not prohibit or restrict the consumption of an alcoholic beverage when consumed:
(1) As a part of a recognized religious ceremony or ritual; or
(2) Within the physical boundaries of a designated entertainment district as defined in § 14-54-1412.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-54-1412. Designated entertainment districts — Definition.
(a) As used in this section, “designated entertainment district” means a contiguous area located in a part of a city, a municipality, or an incorporated town that:
(1) Is zoned for or customarily used for commercial purposes; and
(2) Contains any number and any combination of restaurants, taprooms, taverns, entertainment establishments, hospitality establishments, music venues, theaters, bars, art galleries, art studios, tourist destinations, distilleries, dance clubs, cinemas, or concert halls.
(b)(1) A city, a municipality, or an incorporated town collecting a gross receipts tax on prepared food or hotel and motel accommodations under §§ 26-75-602 — 26-75-613 and located in a county authorized to sell alcoholic beverages may by ordinance create a designated entertainment district.
(2) A designated entertainment district may be permanent or temporary.
(3)(A) A city, a municipality, or an incorporated town that creates a designated entertainment district under this section shall set by ordinance reasonable standards for the regulation of alcohol possession within the boundaries of the designated entertainment district.
(B) An ordinance enacted under this subsection does not diminish the requirements of the Alcoholic Beverage Control Division of the Department of Finance and Administration concerning permits issued within the designated entertainment district.
(4) A city, a municipality, or an incorporated town that creates a designated entertainment district under this section shall notify the division within ten (10) days of the issuance or removal of a permanent or temporary designation as a designated entertainment district.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-54-1412
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 14-54-1412. This identifies an authority to review, not proof of applicability.