§ 3-3-313 — Determination of interests in seized beverages

Arkansas § 3-3-313

• Jurisdiction: Arkansas
• Title: 3

Text

(a) Any person claiming any interest in any alcoholic beverages seized under this subchapter may present a written petition. This may be done at any time within thirty (30) days from the date of seizure of the alcoholic beverages. The petition shall be presented to the municipal court of the county wherein the beverages were seized, shall set out the nature of the interest, and shall request that a hearing be held by the court to determine his or her right or interest therein. (b) The municipal judge of that court shall set a date for the hearing, which date shall be within ten (10) days from the date the hearing is requested, unless good and sufficient cause is shown and recorded for a further delay. (c) At the hearing all witnesses shall be duly sworn and the testimony recorded by a stenographer. (d) Within fifteen (15) days after the completion of the hearing, the municipal judge shall enter his or her written findings of fact and order upon the testimony so presented. (e) The findings of fact and order of the municipal judge may be appealed to the circuit court of the county wherein the alcoholic beverages were seized. Appeal may be had by filing a transcript of record of the hearing held before the judge with the court within fifteen (15) days after the municipal judge's order has been duly entered. (f) The circuit court shall hear no new evidence on this appeal and shall render its judgment only on errors of law. (g) An appeal from the judgment of the circuit court may be taken as provided by law.

Legislative History

Acts 1947, No. 423, §§ 8, 9; 1969, No. 248, §§ 2, 3; A.S.A. 1947, §§ 48-927, 48-928.