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Title 1, Subtitle C | Permit Procedure 

Application for Permits, Issuance of Permits, Sale of Business and Stock of Beverages and Transfer of Permits by Operation of Law.
 
Article 1 | Applications for Permits and Transfer of Location 

Section 1.19 Types of Permits for Which Application May Be Made.
The categories of permits under which controlled beverages may be sold and the controlled beverages which may be sold pursuant to those permits are as follows:

(1) Beer On Premises Permit authorizes the sale of beer or malt liquor containing less than five percent (5%) alcohol by weight for consumption on or off the premises described in the permit;

(2) Beer Off Premises Permit authorizes the sale of beer or malt liquor containing less than five (5%) alcohol by weight for consumption off the premises described in the permit;

(3) Beer Wholesale Permit authorizes the purchase of beer or malt liquor from a licensed manufacturer or importer and the sale thereof to persons holding permits to sell beer or malt liquor for consumption on or off the premises;

(4) Small Farm Wine Retail Off Premises Permit authorizes the sale of small farm wines for consumption off the premises described in the permit; (Amended 8-15-07)

(5) Wine Restaurant On Premises Permit authorizes the sale of wine containing not more than twenty-one percent (21%) alcohol by weight for consumption on the premises of a restaurant; (Amended 8-17-05)

(6) Small Farm Wine Wholesale Permit authorizes the purchase of small farm wine from a licensed manufacturer and the sale thereof to persons holding permits to sell small farm wine for consumption on or off the premises; (Amended 8-15-07)

(7) Small Farm Wine Manufacturer For Sale Permit authorizes the sale of small farm wine to persons holding a small farm wholesale wine or small farm retail wine permit, or the sale of small farm wine to the consumer sold upon the premises of the winery. In addition, the winery may sell wine by the glass.

It is further provided that such on premises and off premises sales may occur on any day of the week. On Monday through Friday, wine may not be sold at a winery for either on premises or off premises consumption before 7:00 a.m. or after 1:00 a.m. the next day. On Saturday, the winery may not sell wine as set out above before 7:00 a.m. or after 12:00 midnight Saturday night. On a Sunday, the winery may sell wine as set forth above to consumers between the hours of 12:00 p.m. and 10:00 p.m., or within such lesser period as may be provided by an ordinance by any city or county where the winery is located; (Amended 8-15-07)

(8) Wine Manufacturer For Home Use Permit. Repealed 8-20-97;

(9) Liquor Off Premises Permit authorizes the purchase of spirituous and vinous beverages from persons holding a wholesale liquor or a wholesale wine permit and the sale of such beverages to consumers for consumption off the premises; any holder of a liquor off premises permit may also purchase malt liquors containing more than five percent (5%) alcohol by weight from either persons holding a beer wholesale permit or a liquor wholesale permit, and sell such beverages to consumers for consumption off premises;

(10) Liquor On Premises Consumption – Hotel or Motel Permit authorizes the purchase of any controlled beverages from persons holding a wholesale permit and the sale of such beverages for consumption on the premises of the hotel or motel described in the permit;

(11) Liquor On Premises Consumption – Restaurant Permit authorizes the purchase of any controlled beverages from persons holding a wholesale permit and the sale of such beverages for consumption on the premises of the restaurant described in the permit;

(12) Liquor On Premises Consumption – Private Club Permit authorizes the purchase of any controlled beverages from persons holding an off premises retail liquor or beer permit who have been designated by the Director as a private club distributor and the dispensing of such beverages for consumption on the premises of the private club to members and guests only of the private club;

(13) Liquor Wholesale Permit authorizes the purchase from licensed manufacturers or licensed importers of spirituous, vinous beverages or malt liquor containing more than five percent (5%) alcohol by weight, and the sale of such beverages to persons holding off premises liquor permits, or hotel or motel, or restaurant permits.   Effective July 1, 2010, under the provisions of Act 294 of 2009, the holder of a wholesale liquor permit is also authorized to sell beer products as defined in the Arkansas Code under this same permit. (Amended 8-19-09)

(14) Liquor Manufacturer Permit authorizes the manufacture of and the sale of spirituous, vinous and malt liquor beverages, under the following circumstances:

(1) Sell, deliver, or transport to wholesalers;

(2) Sell, deliver, or transport to rectifiers;

(3) Export out of the state; and

(4) Sell for off premises consumption spirituous liquors the distiller or manufacture  manufacturers on any day of the week. (Amended 8-16-11)

(15) Temporary Beer Permit authorizes the sale of beer containing less than five percent (5%) alcohol by weight for consumption on a defined premises as described in the permit application; (Adopted 8-19-93)

(16) Sunday Alcoholic Beverage Permit. Repealed 8-19-09

(17) Temporary Wine Permit authorizes the sale of wine as defined in Act 120 of 1965 (as amended) and light wine (less than 5% alcohol by weight) for consumption on a defined premises as described in the permit; (Amended 8-19-93)

(18) Microbrewery-Restaurant Permit authorizes the operation of micro-brewery-restaurants where beer is both brewed and sold at retail for consumption on premises in the restaurant where complete meals are actually and regularly served; (Adopted 7-15-91)

(19) Temporary Expansion of Permitted Premises Permit authorizes the sale of alcoholic beverages on property adjacent to the permitted premises of hotel or motel outlets with mixed drink permits; (Adopted 6-13-91)

(20) Rectifying Permit authorizes the rectifying, purifying, mixing, blending, or flavoring of spirituous liquors or the bottling, warehousing, or other handling or distribution of rectified distilled spirits; (Adopted 8-19-93)

(21) Large Attendance Facility Permit authorizes the sale of all types of alcoholic beverages by a facility which houses a convention center activity, or tourism activity where such establishment has a seating capacity of not less than 500 people and which serves alcoholic beverages only on the premises on days that meals and food are served at one or more places on the premises. In addition, a large attendance facility permit may be issued to any facility which otherwise meets the definition of a large attendance facility and in which parimutuel wagering has been authorized by law. Such permits for parimutuel facilities may only be issued in cities of the first class in which the sale of alcoholic beverages is authorized by law; (Adopted 8-19-93)

(22) Temporary Spirits Permit authorizes the sale of spirituous beverages for consumption on a defined premises as described in the permit; (Amended 8-17-05)

(23) Satellite Catering Permit authorizes any restaurant, hotel or motel which has a mixed drink permit to serve their alcoholic beverages at any place that is licensed by the Alcoholic Beverage Control Division as a large attendance facility (LAF). Service by the hotel, motel or restaurant permittee may occur only pursuant to written permission from the LAF permittee with written notice being given to the Alcoholic Beverage Control Division not less than two (2) working days prior to such use of the LAF. Written permission shall not be granted for a period of more than five days at a time; (Adopted 7-19-95)

(24) Parimutuel Mixed Drink Permit authorizes any restaurant as defined by ACA § 3-9-202(8)(A) to apply for a permit to sell mixed drinks in any county where parimutuel wagering has been authorized by law. Such permits are only allowed in cities of the first class in which the sale of alcoholic beverages is authorized by law. The seating capacity of any such restaurant must be at least 100 seats; (Adopted 7-19-95)

(25) Nonresident Beer Seller’s Permit authorizes an out of state manufacturer or supplier of beer and malt liquor products to sell those beverages to Arkansas wholesalers. Arkansas wholesalers may only purchase beer and malt liquor supplies from a person who holds a nonresident beer seller’s permit. Said permit is required whether the sale is consummated inside or outside the State of Arkansas; (Adopted 7-19-95)

(26) Military Service Club Mixed Drink Permit authorizes the sale of alcoholic beverages by the drink on the same basis as the liquor on premises consumption restaurant permit and the permit may be issued to service clubs on military reservations owned or controlled by the State of Arkansas. The food service requirements for restaurant mixed drink permits shall not apply and the hours of operation for such military service clubs shall be the same as for new private clubs licensed by the Alcoholic Beverage Control Division; (Adopted 8-20-97)

(27) Microbrewery-Restaurant Distribution Permit authorizes a microbrewery-restaurant licensee to sell beer or malt liquors of its own manufacture to a wholesale dealer for the purposes of resale to retail licensees in Arkansas under the three-tier system of distribution. If a separate brewing facility is used to meet the demand for product, all product produced by any separate facility must be sold to a licensed wholesaler and cannot be used at the microbrewery-restaurant premises. In any event, the total aggregate brewing limitation for all such facilities shall be in the amount of five thousand (5000) barrels per calendar year. In addition, any holder of a microbrewery-restaurant distribution permit may transport and ship its beer and malt liquor by appropriate means for delivery outside the State of Arkansas to business entities licensed and qualified to accept such products in their respective states; (Amended 8-15-01)

(28) Wholesaler Support Center Permit authorizes the holder of a nonresident beer seller’s permit to store and distribute beer or malt liquor from a wholesale warehouse located in the state. The beer or malt liquor may then be shipped to Arkansas wholesalers or wholesalers located in other states as directed by the holder of the license; (Adopted 8-18-99)

(29) Beer Manufacturing Permit authorizes a beer manufacturer to manufacture beer products, not in excess of five percent (5%) alcohol by weight, for the purpose of resale to Arkansas licensed beer wholesalers, or to wholesalers outside the State of Arkansas, where lawful, and to also sell the beer for either on premises consumption or off premises consumption at the brewery. Any Arkansas beer manufacturer that desires to sell beer for off premises consumption to the consumer may sell beer to the consumer Monday through Saturday at the brewery in lots of less than 16 gallons. Any Arkansas beer brewery that desires to sell beer for on premises consumption at the brewery shall provide certain minimal food service at the brewery tasting room or other facility where beer is sold to the consumer for on premises consumption. When beer is sold at retail for on premises consumption, certain foods identified with the consumption of beer products which are defined to include, at a minimum, items such as hot or cold sandwiches, cheese and crackers, or other types of finger food items must be offered for sale. In addition, the brewery shall provide tours through the brewery facilities on any date that the brewery is engaged in retail sales operations. It is further provided that no open container of beer product, whether sold for on or off premises consumption, shall be removed from the brewery premises; (Adopted 8-18-99)

(30) Wine on Premises Permit authorizes the sale of wine containing not more than twenty-one percent (21%) alcohol by weight for consumption on the premises; (Amended 8-17-05)

(31) Beer Festival Permit authorizes the sale, on a temporary basis not to exceed three days, of beer and malt liquor on grounds described in the permit application. Any legal brewery, microbrewery, distributor, wholesaler or brewpub, whether or not registered with the Alcoholic Beverage Control Division or located in the State of Arkansas, may participate in the event under the provisions of Act 1065 of 1999; (Adopted 8-18-99)

(32) Off Premises Caterer’s Permit authorizes an off premises caterer, as licensed under Act 1170 of 1999, to serve and sell alcoholic beverages at private parties and at other private functions to which the off premises caterer transports foods and beverages from the permitted premises to the premises where the private function is being held. The off premises caterer’s permittee purchases alcoholic beverages from a retail liquor outlet for resale to the person holding or sponsoring the catered function. Catered functions may only occur under the provisions of this permit in areas of the state where the sale of alcoholic beverages is lawful; (Adopted 8-18-99)

(33) Bed and Breakfast Private Club Permit authorizes a corporation, partnership, individual or limited liability corporation, whose primary function is to provide overnight accommodations to the public, not exceeding a total of twenty (20) guest rooms on the premises, whether operated by the business owner or not, where the owner or a person representing the owner lives on the premises, and where a breakfast meal is served to the lodging guests and where there is no restaurant on the premises open to the public except for the lodging guests, to serve beer and wine only to registered guests at the establishment; (Adopted 8-15-01)

(34) Native Brewers License authorizes the operation of a small brewery or a microbrewery-restaurant where malt beverage products are manufactured in certain limited quantities as provided in Act 1805 of 2003; (Adopted 8-20-03)

(35) Wine Charitable Auction Permit authorizes qualified temporary permittees to sell sealed bottles of wine at a charitable auction. There is no limit on the amount of wine that may be sold under each separate wine charitable auction permit. The same organization may not obtain more than two such permits during any calendar year. The permit shall have a duration of not more than five days; (Adopted 8-17-05)

(36) Sampling Permit authorizes a retail liquor store to serve at no charge to the customer servings of alcoholic beverages, as authorized by a permit, for on premises consumption at the retail liquor store. Samples may only be offered during the regular hours of operation of liquor stores. If authorized by the permit wine samples shall be limited to a total of three samples not to exceed one-half ounce (0.5oz) per sample per customer each day. No more than two (2) two ounce (2 oz.) beer servings may be offered to each customer per day as authorized by the permit and no more than two (2) one-half ounce (0.5oz.) samples of spirits may be served to each customer per day if authorized by the permit obtained by the retail liquor store. (Amended 8-15-07)

(37) Post Exchange Package Permit authorizes the sale of alcoholic beverages at a post exchange facility located upon property owned by the State of Arkansas and operated by the Military Department of Arkansas. (Adopted 8-15-07)

(38) Brandy Distilling Permit authorizes distilling brandy or spirituous liquors for use in fortifying of wines manufactured from the juices of grapes, berries, and other fruits or vegetables grown in Arkansas. (Adopted 8-15-07)

(39) Native Brandy Permit authorizes the manufacture and sale of brandy, cordials or other distillates or component parts thereof manufactured solely from agricultural or horticultural products produced in Arkansas. (Adopted 8-15-07)

(40) Native Beer Permit authorizes the permit holder to sell at retail beer produced by an Arkansas Native Brewer as defined at ACA 3-5-1403(2) and to sell malt liquor produced by an Arkansas Native Brewer as defined at ACA 3-5-1403(6).  The native beer and native malt liquor may be sold for consumption either on or off the premises. (Adopted 8-16-11)

(41) Minimum Wholesale Liquor Permit authorizes the sale of spirituous  liquors, wine as defined in the Arkansas Code, and malt liquors at  wholesale.  A minimum wholesale liquor permit holder shall not sell more  than a combined total of twenty thousand (20,000) cases of spirituous  liquors, wine, or malt liquors.  A case is a container that holds nine (9)  liters of beverage.  A minimum wholesale liquor permit holder may not  sell beer products as defined in the Arkansas Code unless he/she  receives a separate wholesale beer permit.  (Adopted 8-19-09)

(42) Combined Restaurant Beer and Wine Permit Under Act 294 of 2009 a  combination restaurant beer and wine permit may be applied for by  those persons with establishments that are qualified as restaurants  under the provisions of ABC Reg. 3.4.   The permit authorizes the on  premise consumption only of beer as defined at ACA § 3-5-202(3) and  wine, as defined at ACA § 3-9-301(2).  (Adopted 8-19-09)

(43) Small Restaurant Permit authorizes a restaurant to purchase and resell  five hundred sixty (560) liters of spirituous liquors or less per fiscal year.   Under Act 763 of 2009 if the small restaurant permit holder purchases  more than 560 liters of spirituous liquors in a fiscal year he/she shall  then be required to apply for a permit under the provisions of Section §  3-9-212.  The Small Restaurant shall meet the requirements for a  restaurant as set forth in ACA § 3-9-202(8)(A).

The Small Restaurant Permit does not authorize the purchase or resale  of wine products or beer products.  If the Small Restaurant permit holder  desires to sell wine or beer he/she must purchase additional permits for  those products.  (Adopted 8-19-09)

(44)  Hotel or Large Event Facility Private Club permit authorizes the on premises consumption of all types of alcoholic beverages.  This permit carries greater privileges than the on premises consumption private club permit described at Arkansas ABC Reg. 1.19(12).   This permit may only be issued to a qualified establishment in a “dry” area and the permit will allow expanded service of alcoholic beverages at hotel properties and at a large event facility.   Authorization for the new permit is under Act 1194 of 2011.   (Adopted 8-16-11)

Section 1.20 Information, Statements and Documents to be Furnished by Applicant.
In addition to such other information as the Director may determine shall be provided, the applicant for any permit issued pursuant to any alcoholic beverage control law of the State of Arkansas shall furnish the following information and make the following statements in the application or affidavits attached thereto:
 
Information to be Furnished in Application 
(1) The name, age and address of the applicant, if an individual; the name, age and address of each partner, if the applicant is a partnership; and the name, age and address of each member of the Board of Directors or other governing body and each officer and the managing agent, if the applicant is a partnership, corporation or an association;

(2) The name and address of each person financially interested in the permitted business for which application is made, together with the nature of such interest, but if such applicant is a corporation, the applicant shall set forth only the name(s) and address(es) of all stockholders holding more than five percent (5%) interest in the permitted business;

(3) The street and number of the premises to be permitted and such description of the premises, including a floor plan showing the dimensions thereof. When any on premises outlet requests an outdoor service area, the following factors, along with any others deemed relevant, will be considered by the Director or the Board:
 
    A. Area location; 
    B. Population density; 
    C. Accessibility to outside traffic (foot or vehicle); 
    D. Visual compatibility of permitted activities with other area business or resident activity; 
    E. Type of permitted business; and 
    F. Potential noise problems. 

Such outdoor service area shall be clearly defined by fences, walls or barriers that will constitute a recognized boundary or, in approved rural settings where the need for such barriers is found to be minimal to adequately define the premises, the posting of a 5” X 7” sign, at locations to be determined by the Director or Board, stating “NO ALCOHOLIC BEVERAGES BEYOND THIS POINT”. (Amended 8-20-97)

(4) The name and address of the owner of the premises for which the permit is sought. If the applicant is not the owner of the premises for which the permit is sought, the name of the owner of the premises and the name(s) of any other person(s) holding a leasehold interest in the premises; 
 
Statements to be Made in Application 
(5) That the applicant, if the application is by an individual; each partner, if the application is by a partnership; or the managing agent, if the application is by a partnership, corporation or an association, possesses the following qualifications: 

A. Is a person of good moral character, a citizen or permanent resident alien of the United States, and such person must be a resident of the county in which the permit will be operated, or reside within thirty-five (35) miles of the address of the premises described in the application; (Amended 7-19-95)

B. Shall be a resident of the State of Arkansas on the date of the application and maintain such residency within the State as a continuing qualification to hold a permit issued by this agency. Provided, that any hotel or restaurant, as defined in Sections 4.4 and 4.6 of these Regulations, which is owned by a partnership, whether regular or limited, may have a permit issued to a non-partner manager or operator provided that he meets the other qualifications required by this section and the failure of one (1) or more partners to be residents of this state shall not be grounds for denial of the permit; (Adopted 8-20-97)

C. Has never been convicted of a felony or had a license to sell alcoholic beverages revoked within five (5) years preceding the date of application, whether issued by this state or any other state, and that he has not been convicted of violating any laws of this state, or any other state, governing the sale of alcoholic beverages within five (5) years preceding the date of application; (Adopted 5-15-91) 

(6) If the applicant is a corporation or an association, a statement shall be made in the application that all officers and directors, any stockholders holding more than five percent (5%) of the stock of such corporation, and the managing agent(s) possess all of the qualifications required by the laws of the State of Arkansas or by these Regulations for an individual permit; provided, that the requirements as to residence in or citizenship of the United States shall not apply to officers, directors or stockholders of such corporation or association; and that any application for a hotel, motel or restaurant permit shall meet the qualifications as set forth in ACA §3-9-210; (Amended 8-18-99)

(7) Every applicant and every managing agent making application for a permit to manufacture, wholesale or retail beer and/or light wine shall make and subscribe to an oath that he or she will not violate any laws of this state or knowingly allow any other person to violate any laws of this state while in or upon the permitted premises;

(8) Every applicant and every managing agent making application for a permit to sell beer at retail for consumption on the premises shall make and subscribe to an oath that he or she will not allow any intoxicating liquor as defined by ACA § 3-5-202 of any kind or character, including malt liquor or vinous liquor or distilled spirits having an alcohol content in excess of five percent (5%) by weight, to be kept, stored or secreted in or upon the premises described in the permit unless such applicant also holds a permit for the sale and possession of such beverages; (Amended 8-19-93)

(9) Every applicant for a permit to sell beer at retail for consumption on or off premises shall make and subscribe to an oath that no manufacturer, distributor or wholesale dealer shall have any interest, directly or indirectly, in the business of said applicant or in the furnishings or fixtures used in the place of business of said applicant or any lien thereon;

(10) Every applicant for a permit to manufacture, wholesale or distribute beer and/or light wine shall make and subscribe to an oath that such applicant has no interest and shall acquire no interest, directly or indirectly, in the business of any person, firm or corporation applying for and securing or holding a permit as a retail dealer of beer and/or light wine, or the furnishings or fixtures used in the place of business of said retail dealer or hold any lien thereon;

(11) The designation of the category of permit for which the application is made shall be made in the application and shall be binding on the applicant; 

Attachments to Application 
(12) If the premises is not constructed or completed at the time of application, the applicant shall attach to the application a plot plan of the premises in a form approved by the Director which shall clearly show the construction of the premises, including the dimensions thereof, and the relation of the premises to surrounding structures;

(13) If the premises is not owned by the applicant or if the applicant does not hold a valid lease to the premises, and application is thereby being made on the basis of a legal buy/sell agreement, an option to lease, or an option to purchase said premises, then a copy of said agreement/option shall accompany the application; (Amended 8-18-99)

(14) If the applicant is a corporation or association, a copy of the articles of incorporation or other governing charter or document and the by-laws shall be attached to the application;

(15) Any person applying for a new permit or transfer of location permit shall be required to submit, with the application, three (3) photographs of the proposed building, depicting the front, rear, and a side view. If there is no building in existence, the applicant shall submit photographs which show the proposed building location; (Amended 8-19-93)

(16) Financial Statement Required to Apply for Sunday Mixed Drink Permit; Repealed 8-19-09

(17) Application for Temporary Sunday Mixed Drink Permit; Repealed 8-19-09

(18) Any person, corporation, or business entity making application to replace an existing permittee shall submit with the application a replacement notice from the current permit holder authorizing the replacement applicant to operate under the authority of the currently valid permit(s) while the replacement application is pending before the agency. The replacement authorization must be on the form provided to the applicant by the Alcoholic Beverage Control Division. In no event shall the current permit holder be allowed to withdraw the replacement notice of authorization once the replacement application has been accepted by the agency for processing. Once the replacement application has been acted on by final decision, the replacement notice expires and may not be used for subsequent applications; (Amended 8-15-07)

(19) Any application for an on premises permit shall be accompanied by an “entertainment form”, provided by the agency, which shall set forth the proposed activities to occur on the permitted premises, the same being subject to the approval of the Director; (Adopted 8-18-99)

(20) Any person applying for an ABC permit, other than as excepted below, shall prove that they have not been found guilty of or pleaded guilty or nolo contendere to any felony in the State of Arkansas or any similar offense by a court in another state or of any similar offense by a military or federal court.

In order to prove this qualification, there shall be attached to the application at the time it is tendered to the agency, an in-state criminal background check through the Arkansas State Police. The applicant shall also furnish fingerprints to the Arkansas State Police for transmission to the United States Federal Bureau of Investigation. If the FBI investigation subsequently shows that the applicant is not qualified, proceedings shall be instituted to cancel the permit if it has already been issued. No fingerprint submission or criminal background check shall be required for any person or company applying for a nonresident beer seller’s permit or for a wholesale support center permit as authorized by ACA § 3-5-1301, et. Seq. Further, no fingerprint submission shall be required for any person applying for any permit which has a stated duration of five days or less. (Adopted 8-17-05)

Section 1.21 Factors Which May be Considered in Determining Public Convenience and Advantage.
Any permit issued pursuant to any alcoholic beverage control law of the State of Arkansas shall be issued only for use in any county or political subdivision where authorized by law. In determining whether any such application for a permit would promote the public convenience and advantage or interest, the Director or Board, in the appropriate case, may consider, among other relevant factors, the following:

(1) The number of existing alcoholic beverage permits in the proposed area and whether such area is adequately served by existing outlets; (Adopted 6-13-91)

(2) The types of existing alcoholic beverage permits in the proposed area;

(3) Suitability of location of proposed outlet including such factors as possible traffic hazards or traffic congestion, remoteness of area, degree of law enforcement available, character of surrounding neighborhood and related factors;

(4) Suitability of proposed building including such factors as type of building, building condition, and building security;

(5) The potential impact of the proposed outlet on churches or schools in the area; (Amended 9-8-97)

(6) Input from law enforcement officials or other public officials in proposed area;

(7) Opposition or support comments from adjacent property owners or nearby area residents to any application. Any group may register their support or opposition to a pending application by submitting petitions to the agency. Petitions submitted must be on 8½ by 11 inch paper and must contain original signatures only. The agency will not accept as evidence any photocopies of signatures. In addition, petitions must refer to a specific application that is on file with the agency. A petition in opposition or support that has been filed on a particular application that has been acted on by the Director may not be used for any other applications. Provided, such petitions will be received by the agency only if delivered by mail or hand delivered to the agency. No facsimile or email petitions or letters will be considered by the agency or placed in the application file. (Amended 8-17-05) 

Section 1.21.1 Factor Which Shall be Considered in Determining Public Convenience and Advantage.
When issuing a permit under Title 3 of the Arkansas Code, the Alcoholic Beverage Control Division shall consider lack of diversity in ownership and financial interest in the geographic area at issue in the permit application. (Adopted 8-17-05)

Section 1.22 Hotel or Motel, Restaurant and Private Club Permits.
In addition to the requirements under this Title for all permits, additional requirements for applications for hotel and motel, and restaurant permits will be found under Title 4. Additional requirements for application for private club permits will be found under title 5 or these Regulations. (Amended 8-19-93)

Section 1.22.1 Temporary Beer Permit.
Temporary beer permits for the sale of beer at functions sponsored by or for the benefit of non-profit or charitable organizations may be issued for a period of time not to exceed five (5) consecutive days. Applications for such permit shall meet the requirements as established by the Director and set out in the application and attachments thereto. The fee for such permit shall be forty dollars ($40.00). The Director shall determine whether an application meets the established requirements and whether the function for which the permit is applied is non-profit or charitable in nature and purpose. Those requirements shall include but not be limited to:

(1) The location of the event must be in an area which has voted for the sale of intoxicating liquors; and

(2) The application must be received by the Alcoholic Beverage Control Division at least three (3) weeks prior to the event. (Amended 8-15-07)

Any action by the Director in granting or denying such application is appealable to the Alcoholic Beverage Control Board pursuant to Section 1.51 of these Regulations, provided that any such action on the part of the Director shall be effective immediately without the requirement of such action being ratified by the Alcoholic Beverage Control Board at the next Board meeting. (Adopted 8-19-93)

Section 1.22.2 Temporary Wine Permit.
Temporary wine permits for the sale of wine and light wine by single servings for on premises consumption at functions sponsored by or for the benefit of non-profit or charitable organizations may be issued for a period of time not to exceed five (5) consecutive days. Applications for such permit shall meet the requirements as established by the Director and set out in the application and attachments thereto. The fee for such permit shall be fifty dollars ($50.00). The Director shall determine whether or not an application meets the established requirements and whether or not the function for which the permit is applied is non-profit or charitable in nature and purpose. Those requirements shall include but not be limited to:

(1) The location of the event must be in an area which has voted for the sale of intoxicating liquors;

(2) Food Service Requirement. Repealed 8-20-97

(3) The application must be received by the Alcoholic Beverage Control Division at least three (3) weeks prior to the event. (Amended 8-15-07)

Any action by the Director in granting or denying such application is appealable to the Alcoholic Beverage Control Board pursuant to Section 1.51 of these Regulations, provided that any such action on the part of the Director shall be effective immediately without the requirement of such action being ratified by the Alcoholic Beverage Control Board at the next Board meeting. (Amended 8-19-93)

Section 1.22.3 Temporary Spirits Permit.
Temporary permits for the sale of spirituous alcoholic beverages at functions sponsored by or for the benefit of non-profit or charitable organizations may be issued for a period of time not to exceed five (5) consecutive days. Such permits allow the sale of any such alcoholic beverages authorized to be sold pursuant to applicable local option election that otherwise meet the criteria set forth herein. Applications for such permit shall meet the requirements as established by the Director and set out in the application and attachments thereto. The fee for such permit shall be fifty dollars ($50.00). The Director shall determine whether an application meets the established requirements and whether the function for which the permit is applied is non-profit or charitable in nature and purpose. Those requirements shall include but not be limited to:

(1) The location of the event must be in an area which has voted for on premises consumption of spirituous beverages; and

(2) The application must be received by the Alcoholic Beverage Control Division at least three (3) weeks prior to the event. (Amended 8-15-07)

Any action by the Director in granting or denying such application is appealable to the Alcoholic Beverage Control Board pursuant to Section 1.51 of these Regulations, provided that any such action on the part of the Director shall be effective immediately without the requirement of such action being ratified by the Alcoholic Beverage Control Board at the next Board meeting.

Section 1.22.4 Temporary Permit Holder May Solicit Wholesalers for Sponsorship Money. A person who holds a temporary permit may, under the following conditions, solicit sponsorship money or other items from a wholesaler who sells the temporary permit holder alcoholic beverage supplies. Any such wholesaler which supplies the sponsorship money or promotional items, entertainment events, or other such items to the temporary permit holder in conformance with this Regulation, shall be free to do so without it being contemplated as a gift or service in violation of Section 2.28(4) of these Regulations or an inducement in violation of Section 2.28(5) of these Regulations. However, the giving of sponsorship money remains a prohibited activity pursuant to Sections 2.28(3) and 2.28(5) of these Regulations if it is the basis of any exclusive purchase agreement.

In order to solicit sponsorship money, promotional items, or other items from any wholesaler which is supplying beverages to the temporary permit holder, the temporary permit holder shall agree to allow each wholesaler serving the area in which a temporary permit will be used to participate in supplying alcoholic beverages at the event on equal and similar terms.

If the temporary permit holder has determined that it does not wish to offer all wholesale permit holders an equal chance to offer goods at the event, but determines that beverages will be offered on an exclusive basis, then the temporary permit holder may not accept any gift, service, money, or other such items from the wholesaler who is selected to be the supplier of the alcoholic beverages. Acceptance of any gift, service, money, or any other such items from the wholesaler who is selected to be the exclusive supplier of alcoholic beverages shall be in violation of Sections 2.28(3) and 2.28(5) of these Regulations.

If the temporary permit holder has determined that for security purposes, as to the purchase of alcoholic beverages, cash substitutes in the form of coupons or similar tender are necessary, the temporary retail permit holder may seek approval from the agency for such arrangement at the time of application for the permit. (Amended 8-19-93)

Section 1.23 Publication of Notice That Application Has Been Made for Permit.
After filing an application with the Director, the applicant shall cause to be published at least once a week for two (2) consecutive weeks in a legal newspaper of general circulation in the city in which the premises is situated, or if the premises is not in a city, in a newspaper of general circulation in the locality in which the business is to be conducted, a notice that the applicant has applied for a permit to sell, manufacture or dispense controlled beverages, as applicable. The notice shall be verified and shall give the name of the applicant and the name and address or location of the business, and shall state that the applicant is a resident of Arkansas, that he has good moral character, that he has never been convicted of a felony or had a permit revoked within the five (5) years preceding the date of notice. Provided, that this requirement shall not apply if the applicant holds a restaurant mixed drink permit and subsequently makes application for a beer and/or wine permit only at the same location. It is further provided that applicants for a retail liquor permit or a private club permit shall be required to publish at least once a week for four (4) consecutive weeks in a legal newspaper as described above, per the authority of Act 735 of 2007. (Amended 8-15-07)

Section 1.24 Application for Permit to be Verified.
Applications for permits issued pursuant to any alcoholic beverage control law of the State of Arkansas shall be verified by the named applicant, if the applicant is an individual; by a general partner of a partnership, if the applicant is a partnership; or by the managing agent, if the applicant is a corporation. (Amended 8-19-93)

Section 1.25 Change of Information or Statements in Application.
If there is any change in the facts as presented in the original or any renewal application on file with the Director, written notice thereof must be given to the Director within ten (10) days after such change.

Section 1.26 Notice of Application to be Posted at Premises.
Within five (5) days after filing an application for any permit issued by the Alcoholic Beverage Control Division at any premises, a notice of the application in a form approved by the Director shall be posted in a conspicuous place at the front entrance to the premises. The applicant shall notify the Director of the date such notice was first posted. No application may be acted on and no permit issued to any applicant until the application has been in the possession of the agency and proper notice has been so posted on the premises for a period of at least thirty (30) consecutive days. Provided, that this requirement shall not apply to an applicant for a permit to conduct business at a premises for which a valid permit of the same type is in existence at the time of said applicant’s application nor shall it apply if the applicant holds a restaurant mixed drink permit and subsequently makes application for a beer and/or wine permit only at the same location. (Amended 8-20-03)

Section 1.27 Application for Transfer of Location of Premises.
Any person holding a permit issued pursuant to any alcoholic beverage law of the State of Arkansas who desires to transfer the location of the permitted premises shall make application therefor to the Director. In addition to such other information as the Director may determine shall be provided, such application shall include the following:

(1) Any changes in the information given or statements made in the original application for the permit;

(2) The street and number of the premises to be permitted and a description of the premises, including a floor plan showing the dimensions thereof. If the premises to which the permit is to be transferred is not constructed or completed at the time of the application, the applicant shall attach to the application a site plan of the property which shall clearly show the construction of the premises, including the dimensions thereof and the relation of the proposed premises to surrounding structures, if any; (Amended 8-19-93)

(3) The name and address of the owner of the premises to which the permit is to be transferred. If the applicant is not the owner of the premises to which the permit is to be transferred, the applicant must state the name(s) of all person(s) holding a leasehold interest in the premises and a copy of the lease or other agreement for the use of the premises by the applicant shall be attached to the application.

The application for a transfer of location of the permitted premises shall be verified in the same manner as required for an original application under these Regulations.

Under no circumstances shall this Regulation authorize the transfer of the old permit to the new premises by endorsement or otherwise. In each case the Director shall issue a new permit upon approval of the transfer of location of permitted premises. Immediately upon receipt of the new permit the permittee shall surrender the old permit to the Director.

Section 1.28 Publication of Notice of Application for Transfer of Location.
A notice of application for a transfer of location of the permitted premises shall be published by the applicant and filed with the Director in the same manner and under the same requirements as required by Section 1.23 of these Regulations. (Amended 8-19-93)

Section 1.29 Notice of Application for Transfer of Location of Premises to be Posted.
Within five (5) days after filing an application for transfer of location at a permitted premises, a notice of the application on a form approved by the Director shall be posted in a conspicuous place at the front entrance to the premises to which the permit is to be transferred. The applicant shall notify the Director of the date on which such notice is first posted. No application may be acted on and no permit issued to any applicant until the application has been in the possession of the agency and proper notice has been so posted on the premises for a period of at least thirty (30) consecutive days. Provided, that this requirement shall not apply to an applicant for a permit to conduct business at a premises for which a valid permit is in existence for like classification at the time of said applicant’s application. (Amended 8-19-93)

Section 1.30 Re-Application for Permit at Same Location Limited Unless Change of Facts. Whenever any application for a permit shall be denied, no application for a permit shall be accepted from the same applicant for a period of one (1) year following the date on which such application is finally acted upon by the Director, or by the Board on appeal, or by the appellate court system, unless the applicant can show a substantial change in the underlying facts which support the decision to deny the application. Provided, that this Regulation shall not apply if the application was denied solely because of disapproval of the premises and a new application is for premises other than those described in the original application.

If an application has been made by a private club in an area which does not allow the sale of alcoholic beverages and if that application is denied, by final resolution as set forth above, no application may be made by the same non-profit corporation applicant within a period of two (2) years from the date the application was denied by the Director. If a private club applicant wishes to apply within the two (2) year period, the application shall be accompanied by a certification from the county clerk of the county where the private club is to be located, certifying that the applicant has obtained signatures from not less than twenty-five percent (25%) of the registered voters in the county. The application shall be filed no later than twenty (20) days from the date the county clerk certifies the count. The signatures must be obtained on petitions which clearly state that the purpose of the petition is to obtain an alcoholic beverage permit for a private club in the said dry area and to serve alcoholic beverages.

“Same applicant” or “same non-profit applicant”, as used in this Section, shall be broadly interpreted by the Director or Board to be the real party (or parties) in interest in the original application, notwithstanding the fact that the subsequent application may be made in the name of a family member, business associate or new non-profit corporation. (Amended 8-17-05)

Article 2 | Issuance and Posting of Permits
 
Section 1.31 Publication of Notice of Issuance of Permit. Repealed 7-19-95

Section 1.32 Persons Not Entitled to Issuance of Permit.
No permit shall be issued to:

(1) Persons Not Qualified.
Any individual, partnership or corporation if such individual or any member of such partnership or any officer, director, managing agent or stockholder holding more than five percent (5%) of the stock of such corporation does not possess the qualifications required by these Regulations or by any alcoholic beverage control law of the State of Arkansas of such individual, partner, officer, director, managing agent or stockholder in making application for a permit;

(2) Persons Giving False Information or Statements in Application or Hearing.
Any individual, partnership or corporation if such individual or any member of such partnership or any officer, director, managing agent or stockholder holding more than five percent (5%) of the stock in such corporation knowingly gave any false information or made any false statements on any application or any hearing required by these Regulations or by any alcoholic beverage control law of the State of Arkansas;

(3) Persons Who Hold Retail Liquor Permits When Interested in Another Retail Liquor Permit.
No off premises retail liquor permit shall be issued after the effective date of these Regulations, either as a new permit or as a replacement of an existing permit, to any person having any interest in another off premises retail liquor permit, regardless of the degree of such interest;

(4) Unauthorized Corporation.
Any corporation not legally operating in the State of Arkansas at the time of the application;

(5) Persons Under Required Age.
A person under the age of twenty-one (21) years;

(6) Persons Convicted of Certain Crimes.
Any individual, partnership or corporation if such individual or any member of such partnership or any officer, director, managing agent or any stockholder holding more than five percent (5%) of the stock of such corporation has been convicted of a felony or has within five (5) years before the date of application been under the sentence of any court for the conviction of any violation of the laws of the State of Arkansas or any state of the United States relating to alcoholic beverages; (Amended 8-19-93)

(7) Certain Persons From Whom Permit Revoked.
Any individual, partnership or corporation if such individual or any member of such partnership or any officer, director, managing agent or stockholder holding more five percent (5%) of the stock of such corporation has had any permit issued pursuant to the authority of any alcoholic beverage control law of the State of Arkansas revoked within five (5) years preceding the date of application;

(8) Persons not Financially Interested or Employed in a Managerial Capacity.
On any retail application filed by an individual or partnership, any person who is not financially interested in the business to be conducted under the permit for which application is being made, or in the case of a corporate applicant, any person as managing agent who is not employed in a managerial capacity at the business seeking a permit; (Amended 7-19-84)

(9) No Alcoholic Beverage Permit Granted to Any Person Who Owes Delinquent Taxes to State.
No alcoholic beverage permit will be issued by the Alcoholic Beverage Control Division to any individual, partnership or corporation that owes the State of Arkansas delinquent taxes of any kind. Further, no replacement permit or, in the case of a private club, a change of manager, will be granted to any applicant at any location where the current permittee owes the State of Arkansas delinquent alcoholic beverage sales taxes, excise taxes, supplemental mixed drink taxes or any other taxes relating to the sale or dispensation of alcoholic beverages. Provided, a permittee delinquent in the payment of taxes to the State of Arkansas may not have any interest whatsoever in another permit at the same location where the delinquent taxes accrued. In addition, no new or replacement permit will be granted to any person or organization mentioned above until such person or organization furnishes proof that an application has been made with the Sales Tax Section of the Arkansas Revenue Division for a retailer’s sales tax permit and that a tax payment number has been assigned to such person or organization. (Amended 8-20-97)

Section 1.32.1 Applicant Must Attend Educational Seminar.
Any person who is applying for a retail alcoholic beverage license or private club license must attend an educational seminar offered by the Alcoholic Beverage Control Division. Attendance at the seminar by the applicant shall be required prior to any action on the application by the Director. Provided, that such attendance is not required by those applicants who have held a permit prior to the initial adoption of Section 1.32.1 (8-17-88) and have continued to hold the permit to a point within twelve (12) months of filing a new application. (Amended 8-15-07)

Section 1.33 No Permit to be Issued for Certain Premises.
No permit shall be issued pursuant to any alcoholic beverage control law of the State of Arkansas for the following premises:

(1) Premises Not Complying with Health, Safety and Sanitary Standards.
Any premises which does not comply with the minimum health, safety and sanitary standards established by the State of Arkansas and the rules and regulations of the State Board of Health;

(2) Premises Operated in Conjunction with Certain Other Businesses.
No off premises retail liquor permit shall be operated as part of the profit making business of any billiard hall, pool room, drug, grocery, sporting goods, dry goods, hardware, general mercantile store, or any other business unrelated to such permit; however, the retail liquor store permittee may have tobacco products, mixers, soft drinks, and other items customarily associated with the retail package sale of the liquors; (Amended 8-20-03)

(3) Premises for Which Adequate Police Protection is Not Available.
Any premises for which, in the judgement of the Director, or the Board on appeal, adequate police protection is not available due to the remoteness of the location of the premises;

(4) Premises Which Will Not Promote Public Convenience and Advantage.
Any premises for which the issuance of a permit would not, in the judgement of the Director, or the Board on appeal, promote the public convenience and advantage. In determining whether the issuance of a permit would promote the public convenience and advantage the Director, or the Board on appeal, may consider, in addition to all other relevant factors, the number of permits issued in the general vicinity of the premises for which application has been made and whether such area is adequately served by existing outlets; (Amended 8-19-93)

(5) Premises for Which Permit has been Revoked; Repealed 8-19-93

(6) Permits Not To Be Issued To Premises Within The Following Stated Distances From Church Or School Building.
No permit for the sale or dispensing of alcoholic beverages shall be issued nor any existing permit transferred to any location within the following prohibited distances of any church or school building, such distances to be calculated based upon the existence of the church or school building at the time the application is accepted by the agency for processing:

A. Retail Liquor Permit.
One thousand (1000) feet to be measured from the nearest point of the church or school building to the nearest point of the building sought to be permitted.

B. Off Premises Retail Beer Permit to be Issued to Package Liquor Outlet.
One thousand (1000) feet to be measured from nearest point of church or school building to the nearest point of building sought to be permitted.

C. Exception for Retail Liquor Store Outlets Which are Within One Thousand Feet of a Church or School Building on the Date of August 13, 2001.
As an exception to subdivisions A & B of this subsection, if any retail liquor business in this state already exists within one thousand (1000) feet of one or more churches or school buildings on August 13, 2001, then that same retail liquor store may be allowed to transfer to a new location that is within one thousand (1000) feet of the closest church or school building to the present liquor store, but not within 600 feet of any church or school building, if the new location is determined by the Alcoholic Beverage Control Division to serve the public convenience and advantage. (Amended 8-15-01) 

(7) Retail Wine Permit Not to be Issued to a Grocery Sales Outlet; Repealed 8-15-01

(8) Retail Wine Permit Not to be Issued to any Premises that is not a Restaurant Qualified to Hold Restaurant Wine Sales Permit; Repealed 8-15-07

(9) Retail Beer Not to be Issued to Any Establishment Whose Business is Predominantly Motor Fuel Sales.
No new or replacement retail beer sales permit nor transfer of location permit shall be placed in any establishment engaged in the sale of motor fuels which does not maintain an inventory of items for human consumption having a retail value at all times of at least $7,500 (not including alcoholic beverage products); (Amended 8-18-99)

(10) “Wholesale” as Part of Trade Name Prohibited.
No retail permit shall be issued to any retail sales outlet any part of whose trade name or firm name includes the word “Wholesale”; (Amended 12-23-86)

(11) New Retail Beer On Premises Consumption Permits Not to be Issued to Certain Establishments.
From and after the effective date of this Regulation, no new application for an on premises retail beer, on premises retail wine, or wine restaurant on premises permits, will be granted for any grocery store, convenience store or general mercantile store. Those grocery stores, convenience stores or general mercantile stores that hold an off premises retail beer permit, but within the same building have separate kitchen facilities to prepare food on premises and a designated and physically defined seating area, may qualify to hold an on premises retail beer permit or wine restaurant on premises permit in said area.

Further, in those outlets where the permitted area dedicated to retail space contains off premises food or merchandise sales and on premises consumption food sales, prepared from kitchen facilities on the premises, and the seating for the on premises food consumption is in space occupying more than fifty percent (50%) of such total retail space, then the outlet, for purposes of this Regulation, shall not be considered to be a grocery store, convenience store or general mercantile store; (Amended 8-18-99)

(12) No Permit to be Issued for Certain Premises.
No new on premises alcoholic beverage retail permit or private club permit will be issued to any premises which does not have available for the use of patrons the minimum number of restrooms required by the Arkansas State Health Department; (Amended 8-18-99)

(13) Permits Not to be Issued to Outlets With Personal Living Quarters.
No new on premises alcoholic beverage retail permit or private club permit will be issued nor will any such permit be transferred to any building which contains personal living quarters adjacent to the proposed area to be permitted which are accessible from the area to be permitted. Provided, that the Director or Board may authorize an exception to this Regulation for bona fide bed and breakfast inns, and motels and hotels that hold a permit in a designated restaurant area (“bona fide” shall be determined from such evidence as may be presented for consideration by the Director or Board); (Amended 9-8-97)

(14) Permitted Outlets to Have at Least One Telephone.
No new alcoholic beverage permit will be issued by the Alcoholic Beverage Control Division for any premises that does not have at least one (1) telephone on the permitted premises; (Adopted 8-18-99)

(15) Drive Up Windows Prohibited at Off Premises Retail Beer and Small Farm Wine Permitted Outlets - Exception.
Drive up windows are prohibited at off premises retail beer and small farm wine permitted outlets, except for such outlets that also hold a retail liquor off premises permit. Provided, that those off premises permitted outlets with health department approved kitchen facilities that prepare food on premises for off and/or on premises consumption may sell food products and other convenience store items, except beer and small farm wine, through drive up windows. Such permitted outlets must post a notice not less than three inches by five inches (3” x 5”), clearly affixed to the drive up window and clearly visible to patrons thereof, stating “NO ALCOHOLIC BEVERAGES SOLD THROUGH THIS DRIVE UP WINDOW”. The same notice must also be posted on the interior of the permitted outlet so as to be clearly visible to employees selling items, other than beer and small farm wine, through the drive up window. Provided, those establishments, subject to this regulation, having an established and recognized history with this agency of operating a drive up window not in compliance with this Regulation will be considered as “Grandfathered” in and allowed to continue to operate in accordance with such established history. (Adopted 8-20-03)

Section 1.34 Continuation of Permit Conditioned Upon Operation of Originally Proposed Business.
Any permit issued by the Alcoholic Beverage Control Division shall remain valid only for use in the business described in the original application including any attachments, letters, statements, or testimony given at the hearing on such application. If no written business and/or entertainment plan was required by this agency at the time such permit was issued, then the business operation shall be defined as it has historically operated during the two (2) years immediately prior to the adoption of this regulation.

The maintenance of such business operations shall be deemed a condition of the permittee’s right to retain any permit. Any material change in the business operations proposed in the original application or in the manner the business has historically operated per above, without prior approval of the Director, shall be grounds for the revocation of any such permit. (Amended 8-17-05)

Section 1.35 Applications Granted Conditional-Time Limit Within Which to Meet Conditions.
Any conditions attached to the granting of a permit by the Director or Board must be met by the applicant within twelve (12) months of the final agency decision or the application will be cancelled by the agency. In order to extend the twelve (12) month conditional period, written approval must be obtained from the Director or Board before the expiration of the twelve (12) month period. (Amended 8-20-03)

Section 1.36 Contents of Permits.
All permits issued under any alcoholic beverage control law of the State of Arkansas shall contain, in addition to any further information or material to be prescribed by the Director, the following:

(1) The name of the person to whom the permit is issued;

(2) The kind of permit and the type of activity thereby permitted;

(3) A description by street and number or otherwise of the permitted premises;

(4) A statement in substance that such permit shall not be deemed a property or vested right and that it may be revoked at any time pursuant to law.

Section 1.37 Posting of Permit.
Before doing any business under any permit issued pursuant to any alcoholic beverage control law of the State of Arkansas, the permit shall be enclosed in a suitable wood or metal frame having a clear glass face and a substantial wood or metal back so that the whole of said permit may be seen therein, and shall be posted upon and at all times, displayed in a conspicuous place in the room where the business permitted by the permit is carried on so that all persons visiting the premises may readily see the permit.

Section 1.38 Reissue of Permit Which has Been Lost, Defaced or Destroyed.
Whenever a permit shall be lost, defaced or destroyed, a duplicate permit in lieu thereof will be issued by the Director upon payment of a fee of five dollars ($5.00) and the filing of an application for a duplicate permit which shall be properly verified as provided in these Regulations and shall set forth: (1) The date which the permit was lost, defaced or destroyed; and (2) The circumstances under which the permit was lost, defaced or destroyed.

Section 1.38.1 Permit Renewal; Penalty for Failure to Renew on Time -Exception for Personnel Called to Active Duty in the Armed Forces of the United States Who Are Stationed Outside the State; Annual Report for Non-Profit Corporation Filed by Private Club at time of Renewal of Permit. 
All permits issued by the Alcoholic Beverage Control Division are renewable on or before June 30th of each calendar year for the fiscal year beginning July 1st.  Any person renewing a permit after June 30th shall be required to pay a late renewal penalty in the amount of one-half (½) of the required yearly renewal fee for the permit for each sixty (60) days, or any portion thereof, after June 30th wherein the renewal is tendered, in addition to the amount of the yearly fee.  Alcoholic Beverage Control Division permits may be renewed late by paying the above stated penalty beginning July 1st and ending October 28th of each fiscal year.  No permit shall be renewed by the Alcoholic Beverage Control Division for the current fiscal year after October 28th.  

For purposes of assessing the penalty, the renewal date shall be considered to be the date of the postmark if mailed, or the date of receipt, if hand delivered.

Holders of private club permits must, at the time of renewal of the permit, provide this agency with a file marked copy of the Annual Report for Non-Profit Corporation required by Act 569 of 2007.  (Adopted 8-19-09)

In accordance with Act 966 of 2003, any individual owner/operator permittee of this agency who is a member of the National Guard of Arkansas or any reserve component of the United States of America, who is ordered to active duty to a duty station located outside of Arkansas shall be allowed an extension for renewing an alcoholic beverage permit issued by the Alcoholic Beverage Control Division.  As provided by law the extension shall be allowed without penalty or assessment of a late fee if notification is given to the Alcoholic Beverage Control Division on or before June 30th of any calendar year that said individual owner/operator has been called to active duty as prescribed in Act 996 of 2003.  

The extension shall not be granted where the person called to active duty is merely a manager for a corporation which is the permittee of this agency as other officers of the corporation may renew the permit in the absence of the person called to active duty.  Likewise, the extension shall not be granted to any partnership or LLC where any partner or other member of the LLC can renew on behalf of the business entity.  In accordance with Act 996 of 2003, the individual permittee of this agency that has been called to active duty outside the state shall have a grace period of six (6) months to complete the renewal process for his permit after release from active duty. 
(Amended 8-19-09) 
 
Article 3 | Sale of Business or Stock and Disposition of Damaged Beverages 
Section 1.39 Director to be Notified of Sale of Business.
Whenever any permittee shall sell the business conducted on the permitted premises, such permittee shall give notice of such sale to the Director within ten (10) days of the date of sale. The notice shall state the name, address, and permit number of the seller and the name and address of the purchaser. (Amended 8-19-93)

Section 1.40 Permit for Premises for Which New Permit Issued to be Surrendered. Whenever a new permit is issued for premises for which a permit is then existing, the permittee holding the old permit shall surrender such permit to the Director within three (3) days of the date on which any business is conducted on the premises under the new permit.

Section 1.41 Sale by Person Lawfully in Possession of Controlled Beverages Without a Permit.
Any person lawfully coming into possession of any controlled beverages as executor, administrator, trustee or other fiduciary, as surety for or in payment of a debt or as an insurer (or the transferee or assignee of any insurer) for the salvage or liquidation of any insured casualty, damage or loss may, subject to the order of the Director and the requirements of these Regulations, sell such controlled beverages in one lot or parcel to a person holding a permit allowing the purchase of such controlled beverages.

Section 1.42 Person Lawfully in Possession of Controlled Beverages Without Permit Must Notify Director and Post Bond Upon Taking Possession of Controlled Beverages. Any person described in Section 1.41 of these Regulations coming lawfully into possession of any controlled beverages shall immediately after taking possession notify the Director and furnish a detailed description of the controlled beverages. In addition, such person shall post a bond with the Director in such amount as the Director deems sufficient to protect the state for any taxes due on the controlled beverages. Any such person shall notify the Director of any sale of the controlled beverages as provided in Section 1.41 of these Regulations.

Section 1.43 Labeling and Sale of Controlled Beverages Involved in Casualty.
Any controlled beverages which have been involved in a fire, wreck or other casualty shall be labeled or otherwise identified on each bottle, can or other container as being distressed merchandise salvaged from fire, wreck or other casualty. Such labeling shall be under the supervision of an authorized agent of the Alcoholic Beverage Control Enforcement Division who may, if such agent deems it necessary, require that the Arkansas Health Department certify such controlled beverages as being safe for human consumption before such beverages may be sold. No controlled beverages involved in a fire, wreck or similar casualty shall be sold unless such sale is approved by the Director as provided for in these Regulations. Nothing contained herein shall be construed to allow the sale of any alcoholic beverages within the State of Arkansas which were not originally shipped to a licensed Arkansas wholesale distributor, as evidenced by shipping invoice, bill of lading or other shipping document. (Adopted 8-19-93)

Article 4 | Transfer of Permit by Operation of Law 
Section 1.44 Permit May be Transferred by Operation of Law, or by Reason of Dissolution, Bankruptcy, Incompetence, Death or Otherwise.

A corporation or partnership holding a permit and in the process of dissolution; a trustee, receiver, or assignee for the benefit of creditors appointed for any person holding a permit; a committee of the property of any person holding a permit; an executor or administrator of the estate of any person who has held or holds the permit or any other person who by operation of law has succeeded to the legal title and rights of any person holding a permit may, subject to the approval of the Director as required under these Regulations, continue to carry on the business of the person to whom the permit was issued at the premises designated in the permit. Said parties shall be able to renew the license and carry on the business for a period of time not to exceed twenty-four (24) months. Said persons shall carry on said business with the same right and subject to the same restrictions and liabilities as would be imposed upon the original holder of the permit. The twenty-four (24) month period shall be determined as having begun on the date that the successor takes control of the property of the permittee. (Adopted 8-19-93)

Section 1.45 Person Continuing Business by Operation of Law Must Qualify and be Approved.
Any person seeking to continue the business of another person as described in Section 1.44 of these Regulations must file an application therefore with the Director on a form approved by the Director. Such person must be qualified to hold the class of permit for which he is making application to continue. If the Director approves the application he shall have written or stamped across the face of the existing permit or license the following words:

(a) ____________ is permitted to manufacture or sell (as the case may be) ____________ (type of beverage or beverages allowed by the permit) as ____________ (insert representative capacity) of the original permittee. Said ___________ (representative capacity) shall be allowed to operate the business for a period of time not to exceed twenty-four (24) months. Said term of authority for the ____________________________ (representative capacity) shall be considered to have begun on the date the representative first took control of the operation of the business.

The Director shall also subscribe his signature to the statement required on the permit. (Amended 8-19-93)

Section 1.46 No Business to be Conducted on Premises by Virtue of Transfer of Permit by Operation of Law Unless Approved by Director.
No person acting in any representative capacity by virtue of the transfer of a permit by operation of law as described in this Article shall conduct any business on the permitted premises or otherwise by virtue of the transfer of the permit unless such person has been approved by the Director as provided in this Article or has applied for and secured a permit in such person’s own name as representative. Any person applying for a permit in such person’s own name as representative shall be required to possess all qualifications required of a normal permittee. (Amended 8-19-93)