Tuesday, July 15, 2008

ARKANSAS LAW ON ALCOHOLIC BEVERAGES 3-9-215

A.C.A. § 3-9-215

West's Arkansas Code Annotated Currentness 
Title 3. Alcoholic Beverages (Refs & Annos) 
+ Chapter 9. On-Premises Consumption 
+ Subchapter 2. Alcoholic Beverages Generally (Refs & Annos)
>" title="Current Section" border="0">§ 3-9-215. Sunday sales; applicability of provisions


(a)(1) The provisions of this section shall be applicable to only those cities and counties in this state in which the sale of alcoholic beverages for on-premises consumption in restaurants or hotels has been approved by a majority of the qualified electors of the city or county voting on the issue at a referendum election authorized by this subchapter. These provisions shall apply only with respect to the sale of alcoholic beverages in restaurants or hotels which have a valid and current license or permit to sell alcoholic beverages for consumption on the premises thereof.

(2) In no event shall this section be construed to authorize the sale of alcoholic beverages in any city or county or in any portion thereof in which the sale of alcoholic beverages is prohibited by law. Nothing in this section shall be construed to repeal or modify any law which prohibits the sale of intoxicating alcoholic liquor, beer, or wine on Sunday unless the law specifically conflicts with this section.

(b)(1) Any city of the first class or any county in which the sale of alcoholic beverages for on-premises consumption in licensed restaurants and hotels has been authorized by a majority of the qualified electors of that city or county voting on the issue at an election held therefor pursuant to the provisions of this subchapter, by ordinance adopted by the governing body of such city or county may refer to the voters at an election the issue of whether or not 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.

(2) Provided, however, when Sunday falls on December 31 of any year, such restaurants and hotels may automatically sell alcoholic beverages for on-premises consumption between the hours of 12:00 noon on Sunday and 2:00 a.m. on the following Monday unless the city or county establishes by ordinance a lesser period of time within which alcoholic beverages may be sold for on-premises consumption by the restaurants and hotels.
(3) The Sunday sale of alcoholic beverages for on-premises consumption as authorized in this section shall be limited to those restaurants and hotels which possess a current and valid permit or license for the sale of alcoholic beverages for on-premises consumption issued under the authority of § 3-5- 301 et seq., this subchapter, and § 3-9-301 et seq. The election shall be held in accordance with the procedures established by § 3-9-201 et seq.
(4) On the ballot for the election shall be printed substantially the following:
[ ] FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION ON A SUNDAY IN QUALIFIED HOTELS AND RESTAURANTS IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED BY LAW.
[ ] AGAINST THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION ON A SUNDAY IN QUALIFIED HOTELS AND RESTAURANTS IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED BY LAW.

No comments: