(a) No license shall be issued to any person authorizing the sale of wine at retail for consumption on the premises unless the person shall file 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 must be a resident of the State of Arkansas on the date of the application and maintain such residency within the state as a continuing qualification to hold the permit issued by the Director of the Alcoholic Beverage Control Division;
(3) The applicant has never 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;
(4) The applicant has not had revoked within five (5) years immediately 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;
(5) The applicant must 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;
(6) If the applicant is a copartner, all members of the copartnership must be qualified to obtain a license; and
(7) (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 (a)(7)(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 a 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 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.
(b) Any misstatement or concealment of fact in the application shall be grounds for the revocation of any license issued pursuant to the application.
Section: Previous 3-9-602 3-9-603 3-9-604 3-9-605 3-9-606 NextLast modified: November 15, 2016