reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 3 - PROCEEDINGS PURSUANT TO 1935 ACT (§§ 3-8-301 — 3-8-317) › Section 3-8-317 - Wholesale of intoxicating liquor in prohibited territory

(a)
(1)
It shall be unlawful to sell by wholesale any spirituous, vinous, malt, or other intoxicating liquor, regardless of the name by which it is called, except manufacturers selling liquor of their own make at the place of manufacture to a wholesale dealer or a licensed retail dealer, in any county, city, town, district, or precinct where the sale of liquor has been prohibited by vote of the people under the local option law.
(2)
(A)
A licensed wholesaler may maintain an alcoholic beverage storage facility in a county, city, town, district, or precinct where the sale of liquor has been prohibited when the storage facility is located in the same county as the wholesaler's licensed distributorship.
(B)
A storage facility permitted under subdivision (a)(2)(A) of this section is subject to inspection and approval of the Alcoholic Beverage Control Division.
(b)
Any person violating this act shall be deemed guilty of violating the local option law and shall be subject to trial and punishment according to the provisions of the local option law and its amendments.
Amended by Act 2013, No. 305,§ 1, eff. 8/16/2013.
Acts 1935, No. 108, Art. 7, § 8; Pope's Dig., § 14154; A.S.A. 1947, § 48-814.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 4 - BEER AND LIGHT WINE (§ 3-8-401) › Section 3-8-401 - Beer and light wine

(a)
At each general election for state and county offices, there may be submitted to the qualified electors of any county in the State of Arkansas so desiring, in the manner provided for the submission in a county of the question under the initiative and referendum provisions of the Constitution and laws of the State of Arkansas, the question as to whether the sale of beer and light wine containing alcohol not in excess of five percent (5%) by weight shall or shall not be permitted within the county for two (2) years in case the matter is voted on at a general election.
(b)
In voting upon the question, the electors shall have printed or written upon their ballot, "FOR the sale of beer and light wines" or "AGAINST the sale of beer and light wines".
(c)
The election shall be held at the same time and place and in the same manner as other elections. All returns shall be canvassed, sealed, and forwarded by the officers of the election to the county board of election commissioners of the county voting thereon.
(d)
The board shall canvass the votes and certify the results thereof to the clerk of the circuit court of the county to be by him or her filed in his or her office, which certificate shall be prima facie evidence of the legal or illegal sale of beer and light wine in the county.
(e)
Each and every county voting against the sale of beer and light wine shall not participate in any revenue for school purposes levied and collected under §
3-5-205
during the time the county or counties prohibited the sale of the beer and light wine.
(f)
The expense of the election shall be borne by the petitioners calling the election.
Acts 1933 (1st Ex. Sess.), No. 7, § 27-A; Pope's Dig., § 14220; A.S.A. 1947, § 48-518.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 5 - PETITION FOR LOCAL OPTION ELECTIONS (§§ 3-8-501 — 3-8-502) › Section 3-8-501 - Definitions

As used in this subchapter:
(1)
"Dry" means that the manufacture, sale, barter, loan, or giving away of intoxicating liquors is unlawful in a prescribed area;
(2)
"Intoxicating liquors" means all beverages containing more than one-half of one percent (0.5%) of alcohol by weight; and
(3)
"Wet" means that the manufacture, sale, barter, loan, or giving away of intoxicating liquors is lawful in a prescribed area.
Acts 2005, No. 1258, § 1.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 6 - LOCAL OPTION ELECTIONS (§§ 3-8-601 — 3-8-602) › Section 3-8-601 - Definitions

As used in this subchapter:
(1)
"Beer" means a fermented liquor made from malt or a malt substitute and containing not more than five percent (5%) alcohol by weight;
(2)
"Defunct voting district" means a voting district that:
(A)
Existed at the time its qualified voters voted to be dry;
(B)
Is no longer recognized by the state or the county in which it was located; and
(C)
Is currently located in a wet county;
(3)
"Dry" means a county or territorial subdivision that voted to prohibit the manufacture or sale of intoxicating liquor under Initiated Act No. 1 of 1942, as amended, §§
3-8-201
-
3-8-203
and
3-8-205
-
3-8-209
, or §
3-8-302
[repealed], §
3-8-303
, §
3-8-304
[repealed], §
3-8-305
, and §
3-8-306
;
(4)
"Malt beverage" means a liquor brewed from the fermented juices of grain and having an alcoholic content of not less than five percent (5%) and not more than twenty-one percent (21%) of alcohol by weight;
(5)
"Spirituous liquor" means a liquor distilled from the fermented juices of grain, fruits, or vegetables and containing more than twenty-one percent (21%) alcohol by weight or any other liquids containing more than twenty-one percent (21%) alcohol by weight;
(6)
"Territorial subdivision" means a township, municipality, ward, or precinct of a county of the state;
(7)
"Vinous beverage" means the fermented juices of fruits or a mixture containing the fermented juices of fruits containing more than five percent (5%) and not more than twenty-one percent (21%) alcohol by weight;
(8)
"Voting district" means a geographical area of qualified voters of a county in this state; and
(9)
"Wet" means a county or territorial subdivision that voted to permit the manufacture or sale of intoxicating liquor under Initiated Act No. 1 of 1942, as amended, §§
3-8-201
-
3-8-203
and
3-8-205
-
3-8-209
, or §
3-8-302
[repealed], §
3-8-303
, §
3-8-304
[repealed], §
3-8-305
, and §
3-8-306
.
Added by Act 2013, No. 1018,§ 1, eff. 4/9/2013.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 7 - DISCLOSURE ACT FOR INITIATIVE PROCEEDINGS (§§ 3-8-701 — 3-8-715) › Section 3-8-701 - Title

This subchapter shall be known and may be cited as the "Disclosure Act for Initiative Proceedings".
Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 7 - DISCLOSURE ACT FOR INITIATIVE PROCEEDINGS (§§ 3-8-701 — 3-8-715) › Section 3-8-704 - Contributions and expenditures limited

(a)
No local-option ballot question committee shall accept any contribution in cash, meaning currency or coin, that exceeds one hundred dollars ($100).
(b)
No local-option ballot question committee shall accept any contribution from a prohibited political action committee as defined in §
7-6-201
.
(c)
No local-option ballot question committee or individual shall make an expenditure in cash that exceeds fifty dollars ($50.00) to influence the qualification, disqualification, passage, or defeat of a local-option ballot question.
(d)
No contributions shall be made, directly or indirectly, by any person in a name other than the name by which the person is identified for legal purposes.
(e)
(1)
No person shall make an anonymous contribution totaling fifty dollars ($50.00) or more to a local-option ballot question committee.
(2)
Any anonymous contribution actually received by a local-option ballot question committee shall be promptly paid by the recipient to the Secretary of State for deposit into the State Treasury as general revenues.
Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 7 - DISCLOSURE ACT FOR INITIATIVE PROCEEDINGS (§§ 3-8-701 — 3-8-715) › Section 3-8-705 - Financial reports - Requirement

(a)
A local-option ballot question committee that either receives contributions or makes expenditures in excess of five hundred dollars ($500) for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question shall file with the Arkansas Ethics Commission a Ballot Question Committee Financial Report as required by §§
7-9-407
-
7-9-409
.
(b)
An individual person who on his or her own behalf expends in excess of five hundred dollars ($500), excluding contributions, for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question shall file with the commission financial reports as required by §§
7-9-407
-
7-9-409
.
(c)
An elected official expending public funds in excess of five hundred dollars ($500) for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question shall file with the commission financial reports as required by §§
7-9-407
-
7-9-409
.
(d)
Except as provided in subsection (e) of this section, a report required by this subchapter shall be deemed timely filed if it is:
(1)
Hand-delivered to the commission on or before the date due;
(2)
Mailed to the commission, properly addressed, postage prepaid, bearing a postmark indicating that it was received by the post office or common carrier on or before the date due;
(3)
Received via facsimile by the commission on or before the date due, provided that the original is received by the commission within ten (10) days of the transmission; or
(4)
Received by the commission in a readable electronic format that is approved by the commission.
(e)
Whenever a report under this subchapter becomes due on a day that is a Saturday, Sunday, or legal holiday, the report shall be due the next day that is not a Saturday, Sunday, or legal holiday.
(f)
A preelection report is timely filed if it is received by the commission no later than seven (7) days prior to the election for which it is filed.
Amended by Act 2015, No. 226,§ 3, eff. 7/22/2015.
Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 7 - DISCLOSURE ACT FOR INITIATIVE PROCEEDINGS (§§ 3-8-701 — 3-8-715) › Section 3-8-707 - Financial reports - Verification

The financial reports identified in §
3-8-706
shall be verified by affidavit by the person filing them to the effect that to the best of his or her knowledge and belief the information disclosed is a complete, true, and accurate financial statement of contributions or expenditures.
Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 7 - DISCLOSURE ACT FOR INITIATIVE PROCEEDINGS (§§ 3-8-701 — 3-8-715) › Section 3-8-708 - Financial reports - Time to file - Late fee

(a)
(1)
The first financial reports shall be filed no later than fifteen (15) days following the month in which the threshold of five hundred dollars ($500) under §
3-8-706
is met and thereafter no later than fifteen (15) days after the end of each month until the election is held. However, for any month in which certain days of that month are included in a preelection financial report required under subdivision (a)(2) of this section, no monthly report for that month shall be due, but those days of that month shall be carried forward and included in the final financial report.
(2)
Additionally, a preelection financial report shall be filed no less than seven (7) days prior to any election on the ballot question or legislative question, such statement to have a closing date of ten (10) days prior to the election.
(3)
Furthermore, a final financial report shall be filed no later than thirty (30) days after the election.
(b)
A local-option ballot question committee, individual person, or elected official who files a late financial report shall be subject to a late filing fee not to exceed fifty dollars ($50.00) for each day the report remains unfiled.
Amended by Act 2015, No. 226,§ 5, eff. 7/22/2015.
Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 7 - DISCLOSURE ACT FOR INITIATIVE PROCEEDINGS (§§ 3-8-701 — 3-8-715) › Section 3-8-709 - Public inspection - Record retention

(a)
All statements of organization and financial reports required by this subchapter shall be open to public inspection at the office of the Arkansas Ethics Commission during regular office hours.
(b)
All records supporting the reports filed under this subchapter shall be:
(1)
Made available to the commission; and
(2)
Retained by the filer for a period of four (4) years after the date of filing the report.
Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 7 - DISCLOSURE ACT FOR INITIATIVE PROCEEDINGS (§§ 3-8-701 — 3-8-715) › Section 3-8-710 - Enforcement

The Arkansas Ethics Commission shall have the same power and authority to enforce the provisions of this subchapter as are provided the commission under §§
7-6-217
and
7-6-218
for the enforcement of campaign finance laws.
Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 7 - DISCLOSURE ACT FOR INITIATIVE PROCEEDINGS (§§ 3-8-701 — 3-8-715) › Section 3-8-711 - Reporting the use of state funds to oppose or support ballot measure

Any funds appropriated to any state agency, board, or commission that are expended for the purpose of opposing or supporting a local-option ballot question that is submitted or intended to be submitted to a popular vote at an election, whether or not it qualifies for the ballot, shall be reported to the Legislative Council if the amount exceeds one hundred dollars ($100).
Amended by Act 2017, No. 249,§ 1, eff. 8/1/2017.
Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 7 - DISCLOSURE ACT FOR INITIATIVE PROCEEDINGS (§§ 3-8-701 — 3-8-715) › Section 3-8-712 - Use of state funds to oppose or support a local-option ballot measure

The use of state funds under this subchapter includes expenditures for:
(1)
Newspaper, television, radio, and other forms of communication;
(2)
Publication materials;
(3)
Travel expenses relative to reimbursement;
(4)
Surveys;
(5)
Private contracts; and
(6)
Postage.
Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 7 - DISCLOSURE ACT FOR INITIATIVE PROCEEDINGS (§§ 3-8-701 — 3-8-715) › Section 3-8-713 - Applicability of sections 3-8-711 and 3-8-712

This subchapter does not apply to state funds appropriated to any elected officials.
Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 7 - DISCLOSURE ACT FOR INITIATIVE PROCEEDINGS (§§ 3-8-701 — 3-8-715) › Section 3-8-714 - Scope

Nothing in this subchapter may limit, waive, or abrogate the scope of any statutory or common law privilege, including, but not limited to, the work product doctrine and the attorney-client privilege.
Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 7 - DISCLOSURE ACT FOR INITIATIVE PROCEEDINGS (§§ 3-8-701 — 3-8-715) › Section 3-8-715 - Penalty

Upon conviction, any person who knowingly fails to comply with this subchapter shall be fined an amount not to exceed one thousand dollars ($1,000) or be imprisoned for not more than one (1) year, or both.
Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 8 - PAID CANVASSERS (§§ 3-8-801 — 3-8-811) › Section 3-8-801 - Definitions

As used in this subchapter:
(1)
"Canvasser" means a person who circulates a local option election petition or a part or parts of a local option election petition to obtain the signatures of petitioners thereto;
(2)
"Intoxicating liquor" means any beverage containing more than one-half of one percent (0.5%) of alcohol by weight;
(3)
"Paid canvasser" means a person who is paid or with whom there is an agreement to pay money or anything of value before or after a signature on a local option election petition is solicited in exchange for soliciting or obtaining a signature on a petition;
(4)
"Petition part" means a petition signature sheet containing the information required under this subchapter;
(5)
"Petitioner" means a person who signs a petition requesting a local option election;
(6)
"Registered voter" means a person who is registered at the time of signing the petition pursuant to Arkansas Constitution, Amendment 51; and
(7)
"Sponsor" means a person who arranges for the circulation of a local option election petition or who files a local option election petition with the official charged with verifying the signatures.
Amended by Act 2015, No. 1251,§ 3, eff. 7/22/2015.
Added by Act 2013, No. 1432,§ 8, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 8 - PAID CANVASSERS (§§ 3-8-801 — 3-8-811) › Section 3-8-802 - Hiring and training of paid canvassers

(a)
(1)
A person shall not provide money or anything of value to another person for obtaining signatures on a local option election petition unless the person receiving the money or item of value meets the requirements of this section.
(2)
Before a signature is solicited by a paid canvasser, the sponsor shall:
(A)
Explain the Arkansas law applicable to obtaining signatures on a local option election petition to the canvasser; and
(B)
(i)
Provide a complete list of all paid canvassers' names and current residential addresses to the county clerk.
(ii)
If additional paid canvassers agree to solicit signatures on behalf of a sponsor after the complete list is provided, the sponsor shall provide an updated list of all paid canvassers' names and current residential addresses to the county clerk.
(b)
Before obtaining a signature on a local option election petition as a paid canvasser, a person shall submit in person or by mail to the sponsor:
(1)
The full name and any assumed name of the person;
(2)
The current residence address of the person and the person's permanent domicile address if the person's permanent domicile address is different from the person's current residence address;
(3)
A signed statement taken under oath or solemn affirmation that states that the person has not pleaded guilty or nolo contendere to or been found guilty of a criminal offense involving a violation of the election laws, fraud, forgery, or identification theft in any state;
(4)
A signed statement that the person has read and understands the Arkansas law applicable to obtaining signatures on a local option election petition; and
(5)
A photograph of the person taken within ninety (90) days of the submission of the information required under this section.
(c)
A sponsor shall maintain the information required under this section for each paid canvasser for three (3) years after the general election.
Amended by Act 2015, No. 1251,§ 4, eff. 7/22/2015.
Added by Act 2013, No. 1432,§ 8, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 8 - PAID CANVASSERS (§§ 3-8-801 — 3-8-811) › Section 3-8-803 - Petition to determine granting of licenses for manufacture or sale or bartering, loaning, or giving away of intoxicating liquor

(a)
An election to determine whether licenses will be granted for the manufacture or sale or the bartering, loaning, or giving away of intoxicating liquor shall be called by a petition signed by registered voters in the designated county, township, municipality, ward, or precinct in a number equal to thirty-eight percent (38%) of the registered voters.
(b)
The petition shall be filed with the county clerk.
(c)
The county clerk shall verify the signatures on the petition and determine the sufficiency of the petition no later than ten (10) days after the petition is submitted.
(d)
The total number of voters registered as certified by the county clerk to the Secretary of State by June 1 of each year pursuant to Arkansas Constitution, Amendment 51, shall be the basis upon which the number of signatures of qualified electors on petitions shall be computed.
Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 8 - PAID CANVASSERS (§§ 3-8-801 — 3-8-811) › Section 3-8-804 - Duties of election officers - Penalty for failure to perform

(a)
The duties imposed by this subchapter upon members of the State Board of Election Commissioners, members of the county boards of election commissioners, election officials, and other officers expressly named in this subchapter shall be performed:
(1)
In good faith;
(2)
Within the time provided by this subchapter; and
(3)
In the manner provided by this subchapter.
(b)
If a member of a board, an election official, or another officer charged with a duty under this subchapter knowingly fails to perform that duty, he or she shall be upon conviction:
(1)
Fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); and
(2)
Removed from his or her office.
Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 8 - PAID CANVASSERS (§§ 3-8-801 — 3-8-811) › Section 3-8-805 - Signing of petition - Penalty for falsification - Notice of suspected forgery

(a)
(1)
A person signing a petition under this subchapter shall:
(A)
Be a registered voter; and
(B)
Sign his or her own name and print his or her own name, address, birthdate, and the date of signing on a petition in his or her own handwriting.
(2)
If a person signing a petition under subdivision (a)(1) of this section requires assistance due to disability, another person:
(A)
May print the name, address, birthdate, and the date of signing; and
(B)
Shall sign and print his or her name in the margin of the petition.
(3)
A person who is under eighteen (18) years of age shall not act as a canvasser.
(b)
A person commits a Class A misdemeanor if the person, acting as a canvasser, notary, sponsor, or agent of a sponsor knowingly:
(1)
Signs a name other than his or her own to a petition;
(2)
Prints a name, address, or birthdate other than his or her own on a petition unless the signer requires assistance due to disability and the person complies with this section;
(3)
Solicits or obtains a signature to a petition knowing that the person signing is not qualified to sign the petition;
(4)
Pays a person any form of compensation in exchange for signing a petition as a petitioner;
(5)
Accepts or pays money or anything of value for obtaining signatures on a petition when the person acting as a canvasser, sponsor, or agent of a sponsor knows that the person acting as canvasser's name or address is not included on the sponsor's list filed with the county clerk; or
(6)
As a sponsor, files a petition part with the official charged with verifying the signatures knowing that the petition part contains one (1) or more false or fraudulent signatures unless each false or fraudulent signature is clearly stricken by the sponsor before filing.
(c)
When the official charged with verifying the signatures has reasonable grounds to believe that one (1) or more signatures on a petition is forged, excluding signatures apparently signed by one spouse for another, the official shall report the suspected forgery and basis for suspecting forgery to:
(1)
The Department of Arkansas State Police, in the case of a statewide petition; or
(2)
The prosecuting attorney of the county, in the case of a local petition.
Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 8 - PAID CANVASSERS (§§ 3-8-801 — 3-8-811) › Section 3-8-806 - Form of initiative petition - Sufficiency of signatures

(a)
The petition for an ordinance, act, or amendment proposed by initiative shall be on substantially the following form:
"PETITION FOR LOCAL OPTION ELECTION
To the Honorable__________________,
County Clerk or City Clerk
We, the undersigned registered voters of the State of Arkansas, or __________________ County, Arkansas, or City or Incorporated Town of __________________, Arkansas, respectfully request that an election be held to determine whether licenses will be granted for the manufacture or sale or the bartering, loaning, or giving away of intoxicating liquor in the district described below, to the end that the same may be adopted, enacted, or rejected by the vote of the registered voters of said district. Each of us for himself or herself says:
I have personally signed this petition; I am a registered voter of __________________ County, Arkansas, or City or Incorporated Town of __________________, Arkansas, and my printed name, date of birth, residence, city or town of residence, and date of signing this petition are correctly written after my signature.
(Here insert a description of the district in which the election shall be held.)"
(b)
The information on the petition provided by the person may be used as evidence of the validity or invalidity of the signature. However, if a signature of a registered voter on the petition is sufficient to verify the voter's name, then it shall not be adjudged invalid for failure to sign the name or write the residence and city or town of residence exactly as it appears on voter registration records, for failure to print the name in the space provided, for failure to provide the correct date of birth, nor for failure to provide the correct date of signing the petition, all the information being an aid to verification rather than a mandatory requirement to perfect the validity of the signature.
(c)
No additional sheets of voter signatures shall be attached to any petition unless the sheets contain the full language of the petition.
(d)
(1)
The signature section of the petition shall be formatted and shall contain the number of signature lines prescribed by the county clerk.
(2)
Before the circulation of a petition for signatures, the sponsor shall file a printed petition part with the county clerk in the exact form that will be used for obtaining signatures.
Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 8 - PAID CANVASSERS (§§ 3-8-801 — 3-8-811) › Section 3-8-807 - Procedure for circulation of petition

(a)
(1)
Each petition under this subchapter for an election to be held in a district that includes more than one (1) county shall be prepared and circulated in a petition part, and each petition part shall be an exact copy of all other such petition parts upon which signatures of petitioners are to be solicited.
(2)
When a sufficient number of petition parts are signed by a requisite number of qualified electors and are filed and duly certified by the county clerk, they shall be treated and considered as one (1) petition.
(b)
Each petition part shall have attached to it the affidavit of the canvasser stating that:
(1)
The canvasser's current residence address appearing on the verification is correct;
(2)
All signatures appearing on the petition part were made in the presence of the affiant; and
(3)
To the best of the affiant's knowledge and belief each signature is genuine and each person signing is a registered voter.
(c)
No petition part under this section shall contain signatures of petitioners from more than one (1) county.
Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 8 - PAID CANVASSERS (§§ 3-8-801 — 3-8-811) › Section 3-8-808 - Form of verification - Penalty for false statement

(a)
Each petition containing signatures shall be verified in substantially the following form by the canvasser's affidavit thereon as a part thereof:
"State of Arkansas, County of __________________
I, __________________ (print name of canvasser) __________________, being duly sworn, state that each of the foregoing persons signed his or her own name to this sheet of the petition in my presence. To the best of my knowledge and belief, each signature is genuine and each signer is a registered voter of __________________ County, or City or Incorporated Town of __________________. At all times during the circulation of this signature sheet, an exact copy of the popular name, ballot title, and text was attached to the signature sheet. My current residence address is correctly stated below.
Signature__________________
Residence __________________
Indicate one: __________________ Paid Canvasser __________________ Volunteer/Unpaid Canvasser
Subscribed and sworn to before me this __________________day of __________________, 20__________________
Signature__________________
Clerk, Notary, Judge, or Justice of the Peace
Seal__________________ ".
(b)
(1)
If the form under this section is substantially followed in a petition, it is sufficient.
(2)
The form shall not be held insufficient for clerical and merely technical errors.
(c)
(1)
Petitions shall not be disqualified due to clerical or technical errors made by a clerk, notary, judge, or justice of the peace when verifying the canvasser's signature.
(2)
Petitions shall not be disqualified for failure of a clerk, notary, judge, or justice of the peace to sign exactly as his or her name appears on his or her seal if the signature of a clerk, notary, judge, or justice of the peace is sufficient to verify his or her name.
(d)
A canvasser or paid canvasser who knowingly makes a false statement on a petition verification form required by this section shall be deemed guilty of a Class D felony.
Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 8 - PAID CANVASSERS (§§ 3-8-801 — 3-8-811) › Section 3-8-809 - Failure to act on petition - Mandamus - Injunction

(a)
If the county clerk does not examine and certify a petition under this chapter within the time prescribed in §
3-8-803
, the sponsors may apply to the circuit court with jurisdiction for appropriate relief.
(b)
If the court decides that the petition is legally sufficient, it shall order the county clerk to certify the sufficiency of the petition and set an election date.
(c)
On a proper showing that any petition is not sufficient, the court may enjoin the county clerk from:
(1)
Certifying its sufficiency; or
(2)
Setting an election date.
Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 8 - PAID CANVASSERS (§§ 3-8-801 — 3-8-811) › Section 3-8-810 - Preservation of records

(a)
All petitions, notices, certificates, or other documentary evidence of procedural steps taken under this subchapter shall be filed and preserved.
(b)
Petitions with signatures shall be retained for two (2) years after submission to the county clerk.
Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 8 - LOCAL OPTION (§§ 3-8-101 — 3-8-811) › Subchapter 8 - PAID CANVASSERS (§§ 3-8-801 — 3-8-811) › Section 3-8-811 - Count of signatures

(a)
Upon the initial filing of a petition under this subchapter, the official charged with verifying the signatures shall:
(1)
Perform an initial count of the signatures; and
(2)
Determine whether the petition contains, on its face and before verification of the signatures of registered voters, the designated number of signatures required by the Arkansas Constitution and statutory law in order to call an election.
(b)
A petition part and all signatures appearing on the petition part shall not be counted for any purpose by the official charged with verifying the signatures, including the initial count of signatures, if one (1) or more of the following is true:
(1)
The petition is not an original petition, including without limitation a petition that is photocopied or is a facsimile transmission;
(2)
The petition lacks the signature, printed name, and residence address of the canvasser or is signed by more than one (1) canvasser;
(3)
(A)
The canvasser is a paid canvasser whose name and the information required under §
3-8-802
were not submitted by the sponsor to the county clerk before the petitioner signed the petition.
(B)
A canvasser is a paid canvasser if he or she is paid money or anything of value for soliciting signatures before or after the signatures are obtained;
(4)
The canvasser verification is not notarized, is notarized by more than one (1) notary, or lacks a notary signature or a notary seal;
(5)
The canvasser verification is dated earlier than the date on which a petitioner signed the petition;
(6)
The petition part clearly and unmistakably contains signatures of petitioners from more than one (1) county unless each signature of a petitioner from another county is clearly stricken before the filing of the petition with the county clerk; or
(7)
The petition part has a material defect that, on its face, renders the petition part invalid.
(c)
The following signatures shall not be counted for any purpose by the official charged with verifying the signatures, including the initial count of signatures:
(1)
A signature that is not an original signature;
(2)
A signature that is obviously not that of the purported petitioner;
(3)
A signature that is illegible and is accompanied by no personally identifying information;
(4)
A signature for which the corresponding printed name, address, or birthdate is written by someone other than the signer except under circumstances of disability of the signer; and
(5)
A signature that has any other material defect that, on its face, renders the signature invalid.
Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 9 - ON-PREMISES CONSUMPTION (§§ 3-9-101 — 3-9-606) › Subchapter 1 - GENERAL PROVISIONS (§§ 3-9-101 — 3-9-103) › Section 3-9-101 - Nudity on premises prohibited - Penalty - Rules

(a)
No person who has received a permit under any law of the State of Arkansas for the sale or dispensing of alcoholic beverages for on-premises consumption shall suffer or permit any person to appear on the permitted premises in such manner or attire as to expose to view any portion of the pubic area, anus, vulva, or genitals or any simulation thereof, nor suffer or permit any female to appear on the premises in such manner or attire as to expose to view any portion of her breast below the top of the areola or any simulation thereof.
(b)
Any hotel-motel-restaurant mixed drink permittee or private club permittee violating this section shall be subject to the penalties prescribed in §§
3-9-201
-
3-9-214
,
3-9-221
-
3-9-225
, and
3-9-232
-
3-9-237
for the violation of those sections.
(c)
The Alcoholic Beverage Control Board shall promulgate such rules as it deems necessary for the implementation of this section.
Amended by Act 2019, No. 315,§ 95, eff. 7/24/2019.
Acts 1985, No. 965, §§ 1, 2; A.S.A. 1947, §§ 48-956, 48-957.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 9 - ON-PREMISES CONSUMPTION (§§ 3-9-101 — 3-9-606) › Subchapter 1 - GENERAL PROVISIONS (§§ 3-9-101 — 3-9-103) › Section 3-9-102 - Posting of warning signs relating to drinking alcoholic beverages during pregnancy

(a)
(1)
A person who has received a permit under the law of this state for the sale or dispensing of alcoholic beverages, beer, or wine for on-premises consumption in a private club that does not hold itself out to be a food service establishment shall post in a conspicuous place a printed sign at least eight and one-half inches by eleven inches (8 ½" x 11") in size with letters at least one inch (1") high that reads "Warning: Drinking alcoholic beverages during pregnancy may cause birth defects".
(2)
The poster shall be printed in English, Spanish, and any other language mandated by the Voting Rights Act of 1965,
42 U.S.C. § 1973
, as it existed on January 1, 2013, in the county where the poster will be posted.
(b)
(1)
The Alcoholic Beverage Control Board shall make a sign meeting the requirements of this section available to a person who has received a permit under the law of this state for the sale or dispensing of alcoholic beverages, beer, or wine for on-premises consumption in a private club that does not hold itself out to be a food service establishment.
(2)
The sign shall be available on the website of the Alcoholic Beverage Control Division where documents associated with obtaining a liquor license or alcoholic beverage license are customarily located.
(3)
To obtain a copy of the sign required to be posted under this section, the owners or operators of an establishment required to post the sign under this section shall:
(A)
Print the poster from the website under subdivision (b)(3) of this section; or
(B)
Request that the sign be mailed for the cost of printing and first-class postage.
(c)
(1)
If the board finds that the establishment has failed to post the information required under this section, the owner or operator shall receive:
(A)
For a first violation, a warning; and
(B)
For a second or subsequent violation, a fine not to exceed five hundred dollars ($500).
(2)
The violation of or noncompliance with this section and each day's continuance thereof shall constitute a separate and distinct violation.
(d)
The board shall promulgate rules to implement this section.
(e)
The board may enter into an interagency agreement with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services regarding the funding necessary to implement this section.
Amended by Act 2017, No. 913,§ 9, eff. 8/1/2017.
Added by Act 2013, No. 1300,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 9 - ON-PREMISES CONSUMPTION (§§ 3-9-101 — 3-9-606) › Subchapter 1 - GENERAL PROVISIONS (§§ 3-9-101 — 3-9-103) › Section 3-9-103 - State parks - Definitions

(a)
As used in this section:
(1)
"Alcoholic beverages" means a beverage containing more than five-tenths of one percent (0.5%) of alcohol by weight; and
(2)
"On-premises consumption" means the serving of alcoholic beverages on the state park property, including without limitation at a restaurant or outdoor event.
(b)
(1)
A state park may seek approval from the Secretary of the Department of Parks, Heritage, and Tourism to sell alcoholic beverages or provide complimentary servings of alcoholic beverages for on-premises consumption to an individual who is twenty-one (21) years of age or older at the state park during legal operating hours without obtaining a permit from the Alcoholic Beverage Control Division.
(2)
(A)
Upon approval by the secretary, the state park is authorized to sell or serve alcoholic beverages as described under subdivision (b)(1) of this section.
(B)
A state park that has obtained authorization under subdivision (b)(2)(A) of this section may allow a third-party vendor at the state park to serve alcoholic beverages as described under subdivision (b)(1) of this section.
(3)
A state park authorized to sell alcoholic beverages under this subsection shall serve the alcoholic beverages only during operating hours of the premises, including without limitation:
(A)
The hours of operation of a restaurant on the state park property; or
(B)
The hours of an outdoor event.
(c)
(1)
A state park authorized to sell alcoholic beverages under subsection (b) of this section shall purchase all alcoholic beverages from a wholesaler.
(2)
A wholesaler may sell and distribute alcoholic beverages to a state park in any county that has been approved under this section to sell or serve alcoholic beverages.
(d)
(1)
A state park authorized to sell alcoholic beverages under subsection (b) of this section is not subject to the provisions of §
3-3-211
or §
3-9-201
et seq.
(2)
A state park authorized to sell alcoholic beverages under subsection (b) of this section is subject to all other applicable Arkansas laws involving the distribution and sale of alcoholic beverages that do not conflict with this section.
(e)
A state park approved under this section to sell or serve alcoholic beverages shall:
(1)
Comply with all division rules; and
(2)
Renew the state park's approval to sell or serve alcoholic beverages with the secretary yearly.
(f)
Liability shall be with the:
(1)
State park approved under this section to sell or serve alcoholic beverages; or
(2)
Third-party vendor that served the alcoholic beverage at a state park under this section.
(g)
The division shall:
(1)
Promulgate rules to implement this section; and
(2)
Monitor and enforce compliance.
(h)
A violation found by the division through monitoring under subdivision (g)(2) of this section shall be presented to the Alcoholic Beverage Control Board.
Added by Act 2023, No. 655,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 9 - ON-PREMISES CONSUMPTION (§§ 3-9-101 — 3-9-606) › Subchapter 2 - ALCOHOLIC BEVERAGES GENERALLY (§§ 3-9-201 — 3-9-242) › Section 3-9-201 - Legislative determinations and intent

(a)
The General Assembly reaffirms the policy of this state of strict enforcement of alcoholic beverage control laws and further reaffirms the policy of this state that the qualified electors of any city, county, or political subdivision thereof shall have the right of local option pursuant to Initiated Act No. 1 of 1942, as amended, §§
3-8-201
-
3-8-203
and
3-8-205
-
3-8-209
, to prohibit the manufacture or sale of intoxicating liquor therein.
(b)
The General Assembly further declares and recognizes the principle of freedom of choice of the people in any city or county in which the manufacture or sale of alcoholic beverages has not been prohibited to determine by a local referendum whether the sale of alcoholic beverages for on-premises consumption shall be authorized in the manner herein provided.
(c)
The General Assembly authorizes and directs all law enforcement officials to enforce strictly the alcoholic beverage laws of this state.
(d)
The General Assembly determines:
(1)
That the tourist and convention industries contribute substantially to the revenues of business enterprises in this state and that income from the tourist trade, conventions, and allied industries is essential to the continued well-being and prosperity of this state;
(2)
That there is extreme competition among states throughout the nation for the tourist and convention business; and
(3)
That all reasonable steps should be taken to retain, foster, and encourage this business and to create favorable competitive conditions therefor in this state.
(e)
In order to encourage tourists and conventions to come to Arkansas, it is essential that visitors to the state be provided accommodations, services, and facilities of a nature to which they are accustomed and competitive with those offered in other states and areas and especially states adjacent to Arkansas.
(f)
It is the intent and purpose of this subchapter to authorize the qualified electors of cities and counties in which the sale of alcoholic beverages is not prohibited by law to approve, by referendum election, the legal sale of alcoholic beverages for consumption on the premises of restaurants, hotels, and motels as defined herein.
Acts 1969, No. 132, § 1; A.S.A. 1947, § 48-1401.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 9 - ON-PREMISES CONSUMPTION (§§ 3-9-101 — 3-9-606) › Subchapter 2 - ALCOHOLIC BEVERAGES GENERALLY (§§ 3-9-201 — 3-9-242) › Section 3-9-203 - Applicability - Purpose and effect of referendum election

(a)
The provisions of this subchapter authorizing on-premises consumption shall be effective only in cities and counties, or portions thereof, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held pursuant to Initiated Act No. 1 of 1942, §§
3-8-201
-
3-8-203
and
3-8-205
-
3-8-209
, and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as herein provided.
(b)
A favorable vote at a referendum election shall authorize on-premises consumption in licensed premises, as provided in this subchapter, in only those areas of the city or county which are not dry areas.
(c)
(1)
A referendum election held in a city shall be for the purpose of determining whether the sale of alcoholic beverages for on-premises consumption shall be authorized in the portions of the city in which the sale of alcoholic beverages is not otherwise prohibited by law.
(2)
A referendum election held in a county shall be for the purpose of determining whether the sale of alcoholic beverages for on-premises consumption shall be authorized in all areas of the county, including cities of the first class and second class and incorporated towns therein, in which the sale of alcoholic beverages is not otherwise prohibited by law.
(d)
(1)
A property owner's association with a population of five thousand (5,000) or more or a county, city, or town may authorize by ordinance the sale of alcoholic beverages for on-premises consumption under this subchapter if the property owner's association or the county, city, or town is located in or is a county that authorized the manufacture and sale of intoxicating liquor.
(2)
The authority of a county quorum court under subdivision (d)(1) of this section applies only to unincorporated areas of the county.
Amended by Act 2017, No. 875,§ 1, eff. 8/1/2017.
Amended by Act 2015, No. 383,§ 1, eff. 7/22/2015.
Amended by Act 2013, No. 1008,§ 1, eff. 8/16/2013.
Acts 1969, No. 132, § 3; A.S.A. 1947, § 48-1403.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 9 - ON-PREMISES CONSUMPTION (§§ 3-9-101 — 3-9-606) › Subchapter 2 - ALCOHOLIC BEVERAGES GENERALLY (§§ 3-9-201 — 3-9-242) › Section 3-9-204 - Penalties

(a)
Any person who shall violate any provision of §§
3-9-201
-
3-9-214
,
3-9-221
-
3-9-225
, and
3-9-232
-
3-9-237
shall be guilty of a Class A misdemeanor.
(b)
Each violation shall constitute a separate offense.
(c)
The Director of the Department of Finance and Administration shall have the authority to suspend, cancel, or revoke the permit of any permittee so convicted.
Acts 1969, No. 132, § 16; A.S.A. 1947, § 48-1416; Acts 2005, No. 1994, § 336.