Tuesday, July 15, 2008

ARKANSAS LAW ON ALCOHOLIC BEVERAGES 3-3-210

A.C.A. § 3-3-210

West's Arkansas Code Annotated Currentness 
Title 3. Alcoholic Beverages (Refs & Annos) 
+ Chapter 3. Prohibited Practices 
+ Subchapter 2. Particular Practices Prohibited (Refs & Annos)
>" title="Current Section" border="0">§ 3-3-210. Sale on Sunday or early weekday mornings


(a)(1) Any person who shall sell intoxicating alcoholic liquor on Sunday, except as such sales are authorized by §§ 3-9-2153-9-216, and 3-9- 401 et seq., or between 1:00 a.m. and 7:00 a.m. on weekdays shall be guilty of a violation and for the first offense be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).

(2) For the second and subsequent offenses, the person shall be guilty of a Class B misdemeanor.

(b)(1)(A) As a further exception to the Sunday sales prohibition set out in subsection (a) of this section, counties and cities in the state in which the sale of alcoholic beverages is authorized by the adoption of an ordinance by the county quorum court or city board or other governing body may refer to the voters at an election the issue of whether to authorize the sale of alcoholic beverages on Sundays between the hours of 12:00 noon and 10:00 p.m. or within a lesser period within such hours as may be provided in the ordinance.

(B) The Sunday sale of alcoholic beverages as authorized in this subsection shall be limited to those businesses within the county or city that possess a current and valid license for the sale of alcoholic beverages issued by the Alcoholic Beverage Control Division.
(2)(A) The election shall be conducted on a citywide or countywide basis.
(B) All qualified electors within the city or county, as the case may be, shall be eligible to vote even though they may reside in a dry area thereof.
(C) The election on the Sunday sales question shall be held in accordance with the procedures established for on-premises consumption elections by § 3-9- 201 et seq., and the ballot for such election shall be printed substantially as follows:

"( ) FOR THE SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED BY LAW.

( ) AGAINST THE SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED BY LAW."
(3)(A) The vote of the majority of the electors in a citywide election approving Sunday sales shall authorize such sales in all permitted outlets located within the incorporated areas of such city only.
(B) The vote of the majority of the electors in a countywide election approving Sunday sales shall authorize such sales in all permitted outlets located anywhere within such county.
(4) The vote of the majority of the electors against the sale of alcoholic beverages on Sunday will have no effect on any area that had previously approved Sunday sales of mixed drinks in hotels and restaurants as authorized by § 3-9-215.

(c) Notwithstanding the authority granted to counties and cities in this section, wholesale distributors of intoxicating alcoholic liquor may not sell or deliver any alcoholic beverages to retailers on a Sunday.

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