§ 3-9-305 — License applications - Qualifications

Arkansas § 3-9-305

• Jurisdiction: Arkansas
• Title: 3

Text

(a) A license shall not be issued to a person authorizing the sale of wine or hard cider, or both, at retail for consumption on the premises with food served in any cafe or restaurant unless the person files with the Director of the Alcoholic Beverage Control Division a verified application therefor, accompanied by the fee required by law, and shall state in the application that he or she possesses the following qualifications: (1) The applicant is a person of good moral character, a citizen or resident alien of the United States, and a resident of the county in which the permit will be operated, or resides within thirty-five (35) miles of the address of the premises described in the application; (2) The applicant has not been convicted of a felony or has not been convicted within five (5) years of the date of his or her application of any violation of the laws of this state or any other state relating to alcoholic beverages; (3) The applicant has not had revoked within five (5) years next preceding his or her application any license issued to him or her pursuant to the laws of this state or any other state to sell alcoholic liquor of any kind; (4) The applicant shall be the owner of the premises for which the license is sought or the holder of an existing lease, buy-sell agreement, offer and acceptance, or option to lease thereon; (5) If the applicant is a copartner, all members of the copartnership must be qualified to obtain a license; (6) (A) (i) If the applicant is a corporation, the president and directors thereof, any stockholder owning more than five percent (5%) of the stock of such corporation who is not exempted under subdivision (6)(A)(ii) of this section, and the person or persons who shall conduct and manage the licensed premises for the corporation shall possess all the qualifications required herein for an individual license. (ii) An applicant is not required to state the identity of its shareholders who are not the president or the director when the corporation: (a) Is publicly traded on a nationally recognized stock exchange; or (b) Holds at least ten (10) permits issued by the Alcoholic Beverage Control Division for the sale of alcoholic beverages. (B) The requirement as to residence in the United States or citizenship of the United States shall not apply to officers, directors, and stockholders of the corporation, but the requirement shall apply to any officer, director, or stockholder who is also the manager of the licensed premises in any capacity in the conduct or operation of the licensed premises; and (7) The cafe or restaurant making application for the license is primarily engaged in the business of serving foods to the public prepared for consumption on the premises and must be an established eating place within the rules promulgated by the Alcoholic Beverage Control Board as provided in § 3-9-301(6) . (b) Any misstatement or concealment of fact in the application shall be grounds for the revocation of any license issued pursuant to the application.

Legislative History

Amended by Act 2019, No. 315,§ 107, eff. 7/24/2019. Amended by Act 2019, No. 691,§ 24, eff. 7/24/2019. Amended by Act 2013, No. 325,§ 4, eff. 8/16/2013. Acts 1965, No. 120, § 3; A.S.A. 1947, § 48-628; Acts 1989, No. 295, § 2; 1991, No. 606, § 8; 1995, No. 536, § 3; 1999, No. 948, § 2.