§ 3-4-403 — Class A permit violations

The following acts on the part of any permittee are Class A permit violations: (1) Failure to furnish access to premises by any law enforcement officer or any authorized Alcoholic Beverage Control Division personnel or failure to cooperate or take reasonable action to assist any such law enforcement officers or authorized division personnel who are on the permitted premises in the performance of their duties; (2) Failure to allow inspection of books or records; (3) Posting permit on unauthorized premises; (4) Manufacture or possession of controlled beverage with excess alcoholic content; (5) Sale by a manufacturer to other than a wholesaler. Provided, sales authorized by any law of the state relating to native wines shall not constitute a violation; (6) Sale by a wholesaler to other than a retailer; (7) Ownership or other interest in retail outlet by a manufacturer or a wholesaler. Provided, that such ownership or other interest authorized by any law of this state relating to native wines shall not be a violation; (8) Unauthorized gift or service to retailers by a manufacturer or a wholesaler; (9) Use of post-dated checks for payment of controlled beverages and merchandise; (10) Wholesaler making delivery to a consumer; (11) The permittee possessed or knew or reasonably should have known that any agent or employee or patron of the establishment possessed on the permitted premises any illegal drug or narcotic or controlled substance or that any agent or employee while acting on the permittee's behalf knowingly allowed the possession on the permitted premises of any illegal drug or narcotic or controlled substance; (12) Selling or allowing the consumption of alcoholic beverages on the permitted premises when the permit is suspended or on inactive status; (13) Selling to minors; (14) Unauthorized employment of a minor; (15) (A) Disorderly conduct or a breach of the peace by a patron or employee on the permitted premises. (B) As used in subdivision (15)(A) of this section, "disorderly conduct" includes without limitation a fight, brawl, or disturbance that results in bodily injury to a person on the permitted premises; (16) Violation of § 3-3-218 ; (17) Selling to an intoxicated person; (18) Unauthorized manufacturing, selling, offering, dispensing, or giving away of controlled beverages; (19) (A) Conducting or permitting gambling on premises. (B) Conducting or permitting gambling under subdivision (19)(A) of this section does not include: (i) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; or (ii) A lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.; (20) Violation of legal closing hours; and (21) (A) Possession of a weapon on the permitted premises by a person without a possessory or proprietary interest in the permitted premises. (B) When the permitted premises is a retail liquor store that sells alcoholic beverages for off-premises consumption, an employee of the retail liquor store that is licensed to carry a concealed handgun by the state may possess a handgun on the permitted premises if the possession of the handgun is permitted under state law.

Legislative History

Amended by Act 2013, No. 760,§ 1, eff. 8/16/2013. Acts 1981, No. 790, § 2; A.S.A. 1947, § 48-346; Acts 1991, No. 605, § 1; 1993, No. 172, § 2; 2009, No. 294, § 4; 2009, No. 605, § 9; 2009, No. 606, § 9.