Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.19-009 - Suspension of permit ABC Rule 1.81

Current through Register Vol. 49, No. 6, June, 2024
Section
			 1.81
Suspension of Permit When No Business Conducted
			 for a Period of Thirty Days; Inactive Status of Permits.
In the
			 event a permittee does not conduct business under any permit issued for a
			 period of thirty (30| days, the permit shall be surrendered to the Director and
			 shall be placed on inactive status. Inactive status shall commence at the end
			 of thirty (30) days after close of business, regardless of whether the permit
			 is surrendered to the Director. In any event, for purposes of this Rule, a
			 business that has been closed for a period of thirty (30) days shall be deemed
			 to be on inactive status. The permit may remain inactive for three (3) months.
To secure the return of the permit, the permittee shall file
				with the Director a written statement showing that all taxes and fees owing to
				the State have been paid, the reason for the suspension of business activities
				and the date business activity will resume. The date the business activity will
				resume must be before or on the following day after the expiration of the last
				day of the inactive status period and includes the resumption of business at
				the permitted location that means the outlet is open for business and prepared
				to sell or dispense alcoholic beverages or means the filing of an acceptable
				application with the agency to transfer the location of the permitted business
				or such permit shall expire. If said application to transfer the location of
				the permitted business is granted conditional, the conditions must be met
				within twelve (12) months from the final agency decision granting the transfer
				application or the application will be cancelled. 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 or such
				permit shall expire, Upon any such expiration or cancellation, the inactive
				status of the permit will be calculated from the time the final agency decision
				granting the transfer of location was rendered.
The permittee may petition the Alcoholic Beverage Control Board
				for an extension of inactive status for an additional three (3) month period.
				The Board may grant an initial extension upon a showing by the permittee and a
				finding by the Board that business circumstances exist to justify an extension,
				that the delay to return to business was not due to mere deferral or
				inattention on the part of the permittee, and that the inactive status should
				be extended. The permittee may appeal to the Alcoholic Beverage Control Board
				for a second extension of inactive status for an additional six (6) month
				period, but only upon a showing by the permittee and a finding by the Board
				that emergency circumstances exist to justify a final extension. Emergency
				circumstances means delays in return to business that are beyond the control,
				planning, or foresight of the permittee, including, but not limited to, a delay
				due to a natural or man-made disaster, the pending adjudication of a lawsuit, a
				building construction problem, and a contested or delayed insurance claim or
				settlement.
Any permit remaining on inactive status for a period of more
				than twelve (12) months or which has not been granted an extension under the
				provision of this Rule shall expire pursuant to written notice given to permit
				holders by this agency or to the provisions of ACA § 3-4-201 as they
				apply. Any permitted outlet which has been on inactive status in excess of six
				(6) months shall be re-inspected by the Alcoholic Beverage Control Enforcement
				Division to determine if the outlet is in compliance with required health and
				safety rules and the outlet is open for business and prepared to sell or
				dispense alcoholic beverages before the permit(s) may be returned to active
				status. As part of the re-inspection process, the Alcoholic Beverage Control
				Enforcement Division shall give notice of the request to return to active
				status to the law enforcement officer who has primary jurisdiction over the
				site of the permitted outlet. The date the business activity will resume must
				be before or on the following day after the expiration of the last day of the
				inactive status period and includes the resumption of business at the permitted
				location that means the outlet is open for business and prepared to sell or
				dispense alcoholic beverages or such permit shall expire. (Amended 1-22-20
				)