Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.16-007 - Amendment to Section 1.20(5)

Current through Register Vol. 49, No. 6, June, 2024
SECTION
			 1.20(5)
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 )
Provided further,
the residency
				requirement pursuant to Section 1.20(5)A. and B. does not apply to a managing
				agent of a partnership, corporation, or an association that is an applicant
				if:
(i) the applicant currently holds
			 at least two (2) retail beer permits issued by the Alcoholic Beverage Control
			 Division for the sale of alcoholic beverages; and
(ii) the applicant designates with the
			 division a representative who resides within the county of the premises or
			 within thirty-five (35) miles of the address of the premises described in the
			 application.
If a retailer chooses to exercise the exemption to the
				residency requirements pursuant to Section 1.20(5)A. and B., the retailer,
				after the issuance of the second permit issued to the permitted retailer by the
				division may:
(i) change the managing
			 agent of each of its permits by completing a form provided by the agency. The
			 managing agent shall be a person of good moral character and a citizen or
			 resident alien of the United States, but shall not be required to meet the
			 other residency requirements of Section 1.20(5) A. and B.;
(ii) designate a representative for each
			 permitted premises who resides within the county of the premises or within
			 thirty-five (35) miles of the address of the premises stated on the
			 permit.
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 or she has not been convicted of
			 violating any laws of this state, or any other state, governing the sale,
			 possession, manufacture, or transportation of alcoholic beverages within five
			 (5) years preceding the date of application; (Amended 8-21-13 )