Arkansas Administrative Code

3 CAR § 1-302. Applicant must attend educational seminar. (a) 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. (b)(1) Attendance at the seminar by the …

3 CAR § 1-303. 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 doe…

3 CAR § 1-304. Continuation of permit conditioned upon operation of originally proposed business. (a) 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, lett…

3 CAR § 1-305. Applications granted conditional time limit within which to meet conditions. (a) Any conditions attached to the granting of a permit by the Director of the Alcoholic Beverage Control Division or Alcoholic Beverage Control Board must be met by the applicant within t…

3 CAR § 1-306. 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 of the Alcoholic Beverage Control Division, the following: (…

3 CAR § 1-307. 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 ba…

3 CAR § 1-308. Reissue of permit that 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 of the Alcoholic Beverage Control Division upon payment of a fee of fifty dollars …

3 CAR § 1-309. Permit renewal — Penalty for failure to renew on time — Exception for personnel called to active duty in the United States Armed Forces who are stationed outside the state — Annual report for nonprofit corporation filed by private club at time of renewal of permit.…

3 CAR § 1-401. Director to be notified of sale of business. (a) Whenever any permittee shall sell the business conducted on the permitted premises, such permittee shall give notice of such sale to the Director of the Alcoholic Beverage Control Division within ten (10) days of the…

3 CAR § 1-402. 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 of the Alcoholic Beverage Control D…

3 CAR § 1-403. 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…

3 CAR § 1-404. Person lawfully in possession of controlled beverages without permit must notify director and post bond upon taking possession of controlled beverages. (a) Any person described in 3 CAR § 1-403 coming lawfully into possession of any controlled beverages shall immed…

3 CAR § 1-405. Labeling and sale of controlled beverages involved in casualty. (a)(1) 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 merchan…

3 CAR § 1-501. Permit may be transferred by operation of law or by reason of dissolution, bankruptcy, incompetence, death, or otherwise. (a) A corporation or partnership holding a permit and in the process of dissolution; a trustee, receiver, or assignee for the benefit of credit…

3 CAR § 1-502. Person continuing business by operation of law must qualify and be approved. (a)(1) Any person seeking to continue the business of another person as described in 3 CAR § 1-501 must file an application therefore with the Director of the Alcoholic Beverage Control Di…

3 CAR § 1-503. No business to be conducted on premises by virtue of transfer of permit by operation of law unless approved by director. (a) No person acting in any representative capacity by virtue of the transfer of a permit by operation of law as described in this subpart shall…

3 CAR § 1-601. All hearings for cancellation, suspension, or revocation of permits to be before director or designated hearing officer upon notice of hearing — Emergency exception. (a) All hearings for the cancellation, suspension, revocation, or monetary fine of permits shall in…

3 CAR § 1-602. Contents of notice required. In every case in which a hearing is required by this part or by any law of the State of Arkansas pursuant to notice, such notice shall include the following: (1) A statement of the time, place, and nature of the hearing; (2) A statement…

3 CAR § 1-603. Conduct of hearing by director or hearing officer. (a) In the conduct of any hearing held by the Director of the Alcoholic Beverage Control Division or the hearing officer designated as provided in this subpart, the director or such hearing officer shall be authori…

3 CAR § 1-604. Order denying, cancelling, suspending, revoking, or imposing a monetary fine against the permit. (a) Whenever the Director of the Alcoholic Beverage Control Division shall deny an application for any permit or shall cancel, suspend, revoke, or impose a monetary fin…

3 CAR § 1-605. Appeal by person aggrieved by order of director. (a)(1) Any applicant or permittee aggrieved by an order of cancellation, denial, suspension, revocation, or the imposition of a monetary fine by the Director of the Alcoholic Beverage Control Division, or any person …

3 CAR § 1-606. Review by board of action of director on own motion — Effective date of director’s action. (a) The Alcoholic Beverage Control Board may on its own motion review any action of the Director of the Alcoholic Beverage Control Division in granting or failing to grant, r…

3 CAR § 1-607. Conduct of hearing by board. (a) For the purpose of hearing or conducting any appeal authorized to be heard by it, the Alcoholic Beverage Control Board or any hearing officer designated as provided in this subpart shall have the power to: (1) Examine or cause to be…

3 CAR § 1-608. Decision or order by board. (a)(1) Within five (5) days after a hearing is concluded by the Alcoholic Beverage Control Board, the board shall render its written decision or order. (2)(A) Such written opinion, decision, or order shall include findings of fact and co…

3 CAR § 1-609. Appeal from board to courts. (a) Within thirty (30) days after the mailing of the order of the Alcoholic Beverage Control Board, any permittee aggrieved by an order of the board or any person or group of persons who have formally appealed a decision of the Director…

3 CAR § 1-610. Appellant to pay costs of preparing transcript of Alcoholic Beverage Control Board hearings. (a)(1) Pursuant to the provisions of the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., the Alcoholic Beverage Control Division shall prepare the…

3 CAR § 1-611. Admissibility of evidence in hearings. In any hearing provided for by this subpart or by any alcoholic beverage control law of the State of Arkansas, the Director of the Alcoholic Beverage Control Division, the Alcoholic Beverage Control Board, and any hearing offi…

3 CAR § 1-612. Record of hearing required — Contents of record. In any hearing held pursuant to this subpart or any alcoholic beverage control law of the State of Arkansas, the person conducting such hearing shall cause to be prepared a record of the hearing which shall include: …

3 CAR § 1-613. Designation of hearing officer. Pursuant to the power granted to the Alcoholic Beverage Control Division, in part by Arkansas Code § 25-15-213 and pursuant to other powers granted to the Director of the Alcoholic Beverage Control Division and the Alcoholic Beverage…

3 CAR § 1-614. Decision or order in hearing conducted by hearing officer. (a) When in the case of any hearing conducted by a hearing officer designated as provided in this subpart, the Director of the Alcoholic Beverage Control Division or a majority of the Alcoholic Beverage Con…

3 CAR § 1-615. Notice required by director to certain persons upon application for permit. (a) Upon receipt by the Director of the Alcoholic Beverage Control Division of an application for permit, written notice thereof, which shall include a copy of the application, shall be mai…

3 CAR § 1-616. Hearing to beheld if protest within 30 days. If within the thirty-day period following the date of the mailing of the notices required by 3 CAR § 1-615 the Director of the Alcoholic Beverage Control Division receives any written protest from any person to whom such…

3 CAR § 1-617. Right to counsel and to cross-examine witnesses for any person compelled to appear at hearing. Any person compelled to appear at any hearing provided for by this subpart or by any alcoholic beverage control law of the State of Arkansas shall have the right to be ac…

3 CAR § 1-618. Cancelled, suspended, or revoked permit to be surrendered. (a)(1) Within three (3) days after a permit shall have been cancelled, suspended, or revoked, pursuant to the Director of the Alcoholic Beverage Control Division’s summary authority under this subpart or pu…

3 CAR § 1-701. Controlled beverages possessed in violation of rules or law declared contraband. All controlled beverages found in the possession of any person where such possession shall violate any of this part or any alcoholic beverage control law of the State of Arkansas are c…

3 CAR § 1-702. Procedure upon seizure of controlled beverages. (a) All controlled beverages seized as provided in this part and the laws of the State of Arkansas in regard thereto shall be immediately turned over to the mayor, if seized within the city limits of a municipality by…

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3 CAR § 1-704. Claims against seized beverages. (a) Any person claiming any interest in any controlled beverages seized may, at any time within thirty (30) days from the date of seizure of such controlled beverages, present a written petition to the district court having jurisdic…

3 CAR § 1-705. Appeal from district court. (a) The findings of fact and order of the district judge may be appealed to the circuit court of the county wherein such controlled beverages were seized by filing with said court within fifteen (15) days after the district judge’s order…

3 CAR § 1-706. Sale of seized beverages. (a) Upon the expiration of thirty (30) days from the date of the first notice required to be published as provided in this subpart, the mayor or county judge, as the case may be, shall immediately notify all permitted liquor wholesalers an…

3 CAR § 1-707. Mayor or county judge to file monthly report of seizures and sales of controlled beverages. Every mayor or county judge to whom seized controlled beverages are delivered shall file with the Director of the Alcoholic Beverage Control Division a report at the end of …

3 CAR § 1-708. Seizure and forfeiture of vehicles, vessels, and other personal property used in the manufacture, transportation, or storage of illicitly manufactured beverages. All vehicles, vessels, and other personal property used, or intended to be used, in the manufacture, tr…

3 CAR § 1-709. Notice of seizure and sale. (a) Within fifteen (15) days after any vehicle, vessel, or other personal property is seized, the Director of the Alcoholic Beverage Control Division shall publish a notice in a newspaper having statewide circulation describing the prope…

3 CAR § 1-710. Claims against seized property. (a) Any person claiming any interest in any property seized under this subpart may at any time within thirty (30) days of the date of the notice of publication required by this subpart present a written petition to the Director of th…

3 CAR § 1-711. Offers to compromise by persons claiming interest in property. The Director of the Alcoholic Beverage Control Division may accept an offer by a person claiming an interest in the seized property in compromise of such person’s claim, taking into consideration mortga…

3 CAR § 1-712. Notice of sale after disposition of claim. (a) Upon disposition of all claims filed against the property seized and upon expiration of thirty (30) days from the date of publication of the first notice of seizure and sale required by this subpart, the Director of th…

3 CAR § 1-801. Certain permittees must designate and register managing agent. (a) Any individual applying for or holding any permit who is not in actual charge of the day-to-day business conducted on the permitted premises, and all partnerships and corporations applying for or ho…