§ 3-3-212 — Manufacturer-seller relationships generally

(a) It shall be unlawful for a manufacturer to: (1) Be interested, directly or indirectly, in any premises where malt, vinous, or spirituous liquors are sold at retail or in any business devoted wholly or partially to the sale of such liquors at retail, by stock ownership, interlocking directors, mortgage or lien on any personal or real property, or any other means; or (2) Make any loan to any owner. (b) (1) Any lien, mortgage, or other interest or estate, however, now held by a manufacturer on or in the personal or real property of any owner, which mortgage, lien, interest, or estate was acquired on or before December 31, 1933, shall not be included within the provisions of this section. (2) The burden of establishing the time of the accrual of the interest, comprehended by subdivision (b)(1) of this section, shall be upon the person who claims to be entitled to the protection and exemption afforded by this section. (c) Subsections (a) and (b) of this section shall not apply to an agreement or arrangement by: (1) A manufacturer or wholesaler to pay for the display or other presentation of advertising and promotional material on or about the premises of the holder of a franchise granted by the Arkansas Racing Commission; or (2) A manufacturer providing sponsorship of or payment for the display or other presentation of advertising and promotional material on or about the premises of a large attendance facility, as defined by § 3-9-202(16)(B) , owned by a qualifying charitable nonprofit organization that has received tax-exempt status under 26 U.S.C. § 501(c)(3) , as in effect on January 1, 2019.

Legislative History

Amended by Act 2019, No. 744,§ 1, eff. 7/24/2019. Acts 1935, No. 108, Art. 3, § 18; Pope's Dig., § 14122; A.S.A. 1947, § 48-908; Acts 2001, No. 1838, § 1.