§ 3-9-236 — Permittees - Miscellaneous unlawful practices

Arkansas § 3-9-236

• Jurisdiction: Arkansas
• Title: 3

Text

It shall be unlawful and constitute a Class A misdemeanor for any person holding a permit hereunder or his or her agents, servants, or employees knowingly to do any of the following acts: (1) Serve any alcoholic beverage to a person who is under twenty-one (21) years of age; (2) Serve any alcoholic beverage to an intoxicated person, to any person who is known to be insane or mentally defective, to any person who is known to habitually drink alcoholic beverages to excess, or to any person who is known to be an habitual user of narcotics or other habit-forming drugs; (3) Sell alcoholic beverages at any prohibited time; (4) Place any sign of any description on the exterior of the permitted premises indicating that alcoholic beverages are sold for consumption therein; (5) Misrepresent the brand of any alcoholic beverage sold or offered for sale; (6) Keep any alcoholic beverage otherwise than in the bottle or container in which it was purchased; (7) Refill or partly refill any bottle or container of alcoholic beverage; (8) Dilute or otherwise tamper with the contents of any bottle or container of alcoholic beverage; (9) Fail to break and destroy by the close of each business day all empty bottles or containers; (10) Remove or obliterate any label, mark, or stamp affixed to any bottle or container of alcoholic beverage offered for sale; (11) Deliver or sell the contents of any bottles or containers, the label, mark, or stamp upon which has been removed or obliterated; (12) (A) Employ any person less than twenty-one (21) years of age in the mixing or serving of alcoholic beverages. (B) Provided, that any permittee that has obtained a permit under the provisions of § 3-9-202(8) or § 3-9-202(16) may employ persons nineteen (19) years of age or older in the serving of alcoholic beverages. (C) Nothing herein shall prohibit a minor eighteen (18) years of age or older to be employed as a musician or to be employed in the preparation or serving of food or in the housekeeping department of any establishment authorized to dispense mixed drinks under this subchapter; (13) Allow any immoral, lewd, obscene, indecent, or profane conduct, language, literature, pictures, or materials on the permitted premises; (14) Consume or allow the consumption by any employee of intoxicating beverages while on duty; (15) (A) Keep on the permitted premises a slot machine or any gambling or gaming device, machine, or apparatus, except as provided in subdivisions (15)(B) and (C) of this section. (B) (i) An event held by a nonprofit organization that is exempt from taxation under 26 U.S.C. § 501(c)(3) shall be exempt from subdivision (15)(A) of this section if: (a) The nonprofit organization registers the event with the Alcoholic Beverage Control Division at least sixty (60) days before the event; (b) All proceeds of the event are for the benefit of the nonprofit organization; (c) The games in the event do not use money but may use some form of play money; (d) No cash or any other item of value is won or awarded as a prize; and (e) The event is for amusement and not for gambling purposes in violation of Arkansas law or Arkansas Constitution, Article 19, § 14. (ii) (a) This subdivision (15)(B) shall apply to only one (1) event held by a nonprofit organization during a calendar year. (b) No licensed premises shall be allowed more than ten (10) events under this subdivision (15)(B) per calendar year. (iii) (a) A violation of this subdivision (15)(B) by a nonprofit organization is a violation and is punishable by a fine of one thousand dollars ($1,000). (b) If a nonprofit organization commits a second violation of this subdivision (15)(B), the nonprofit organization shall be ineligible to sponsor an event under this subdivision (15)(B). (iv) The division may promulgate appropriate rules to carry out the intent of this subdivision (15)(B). (C) A gambling or a gaming device, machine, or apparatus under subdivision (15)(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.; (16) Sell any alcoholic beverage unless the beverage is owned outright by the permittee; (17) (A) Employ a person to serve an alcoholic beverage who has pleaded guilty or nolo contendere to or has been found guilty of: (i) A violation of a law concerning possession, sale, manufacture, or transportation of intoxicating liquor; or (ii) A felony and is on probation or serving a suspended sentence as a result of the felony, except as provided under subdivisions (17)(B) and (C) of this section. (B) A person who has pleaded guilty or nolo contendere to or has been found guilty of a felony and who is on probation or serving a suspended sentence as a result of the felony may be employed by an on-premise permittee if: (i) The person works only in a kitchen; and (ii) Alcoholic beverages are not served out of the kitchen. (C) A person who has pleaded guilty or nolo contendere to or has been found guilty of a felony and who is not on probation or serving a suspended sentence as a result of the felony may be employed by an on-premise permittee in any capacity; (18) Violate any rule, regulation, or order of the Alcoholic Beverage Control Board; (19) Fail to report all taxes applicable to the sale of alcoholic beverages for on-premises consumption; or (20) Possess on the permitted premises or sell or dispense any alcoholic beverages upon which the federal or state taxes have not been paid.

Legislative History

Amended by Act 2013, No. 527,§ 5A, eff. 8/16/2013. Acts 1969, No. 132, § 14; 1971, No. 467, § 1; A.S.A. 1947, § 48-1414; Acts 2003, No. 1807, § 2; 2005, No. 1170, § 1; 2005, No. 1994, § 195; 2009, No. 605, § 12; 2009, No. 606, § 12.