Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.13-001 - Various changes to Alcoholic Beverage Control Division rules

Current through Register Vol. 49, No. 6, June, 2024
Section 1.19(45)
Out of State Supplier Permit
authorizes an
			 out-of-state manufacturer, distiller, rectifier, brewer, importer, or producer
			 of spirituous or vinous liquor to sell, deliver, transport, or ship to a
			 wholesaler, distributor, or rectifier. A holder of this permit may only sell a
			 spirituous or a vinous liquor to a wholesaler, distributor, or to any other
			 person who is legally authorized by the laws of the State of Arkansas and the
			 rules of the Alcoholic Beverage Control Division to receive, possess,
			 transport, distribute, or sell a spirituous liquor or vinous liquor.
Amendment to Section 1.20(5)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;
Amendment to Section 1.23 Publication of Notice
				That Application Has Been Made for Permit.
After filing an
				acceptable 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 or locality where the business is
				to be located a notice that the applicant has applied for a permit to sell,
				manufacture or dispense controlled beverages, as applicable. The newspaper
				publishing the notice shall have a physical address within the county of the
				proposed location of the business identified in the application. If the county
				does not have a newspaper, then the publication shall be placed in a newspaper
				with the nearest physical address of the location of the business identified in
				the application. 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 or she has good moral
				character, that he or she 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.
Section 1.27.1
Transfer of
			 Location Application or Request for Inactive Status.
No transfer of location application or request for inactive
				status may be filed or made with the Alcoholic Beverage Control Division unless
				the permitted outlet has completed inspection by Alcoholic Beverage Control
				Enforcement and has been open for business and prepared to sell or dispense
				alcoholic beverages for at least one full eight hour day.
Amendment to Section 1.32(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 against possession, sale, manufacture, or
				transportation of alcoholic beverages;
SUMMARY OF SUBSTANTIVE
				CHANGES
This repeals the requirement that a retail establishment
				selling motor fuel must maintain at least a $7,500 inventory in human
				consumables to obtain or maintain a retail beer permit.
Section 1.33(13)
Permits Not to
			 be Issued to Outlets With Personal Living Quarters.
No 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);
Amendment Section 1.33 (15) Sale of Beer or Small
				Farm Wine Through Drive Up Windows Prohibited at Off Premises Retail Beer and
				Small Farm Wine Premises,
Off premises retail beer and small
				farm wine permitted outlets with drive up windows 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.
Amendment to Section 1.79(33) Allowing Possession
				of Weapons on Premises.
That the permittee, or any employee of the permittee, allowed,
				or knew, or reasonably should have known, that any person without a possessory
				or proprietary interest in the permitted outlet was in possession of a weapon
				on the permitted premises. As used in this Regulations, "weapon" means any
				firearm that is designed, made, or adapted to be fired, or any knife or club as
				defined by ACA §
									5-73-120. Any
				weapon authorized to be in the permitted outlet pursuant to this Regulation
				must be kept out of sight and inaccessible to patrons and others who have no
				legal right to possess a weapon in the outlet. This Regulation excludes any law
				enforcement officer, any duly authorized agent of the Alcoholic Beverage
				Control Enforcement Division, and any licensed security guard, while acting in
				the course and scope of their official duties.
Provided,
that any person with a permit issued by
				the Director of the Arkansas State Police may carry a concealed handgun, as
				such is defined in ACA §
									5-73-301 into a
				restaurant, as such is defined in ACA §
									3-9-202(14).
Provided further,
that an employee of a retail
				liquor store who is licensed to carry a concealed handgun by the state may
				possess a handgun on the permitted premises.
Section 2.16
Manufacturers to
			 Register Brands of Controlled Beverages; Manufacturers and Wholesalers Not to
			 Change Brands Without Approval of Director.
(1) The purpose of this Regulation is to
			 provide guidelines for the business relations between Arkansas wholesalers of
			 alcoholic beverages and distillers, manufacturers, importers and producers of
			 such alcoholic beverages. Regulation in this area is considered necessary and
			 appropriate for the following reasons:
A. To
			 prevent unfair business practices, discrimination and undue control of such
			 wholesalers by distillers, manufacturers, importers and producers;
B. To maintain stability and healthy
			 competition in the alcoholic beverage industry;
C. To promote and maintain a sound and stable
			 system of distribution of alcoholic beverages; and
D. To promote the public health, safety and
			 welfare.