Ark. Code Ann. § 3-4-206 (2026)
Operation of retail liquor business near church or schoolhouse prohibited — Definitions
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As used in this section:
- “Church” means a church and all immediately adjacent property owned or leased by the church that is used for church purposes; and
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“Schoolhouse” means:
- A facility owned and operated by a public or private school or an open-enrollment charter school; and
- A public or private daycare facility licensed by the State of Arkansas.
- “Schoolhouse” does not include a home school.
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“Schoolhouse” means:
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- No new permit to engage in the retail liquor business in this state may be issued by the Director of the Alcoholic Beverage Control Division for the location of any business situated within one thousand feet (1,000') of any church or schoolhouse property line.
- No existing permit to engage in the retail liquor business in this state may be transferred to a location within one thousand feet (1,000') of any church or schoolhouse property line.
- The distance specified in subdivisions (b)(1) and (2) of this section shall be measured by nearest property line point to nearest property line point.
- Subdivisions (b)(1) and (2) of this section apply only to an application for a new permit or the transfer of an existing permit filed with the Alcoholic Beverage Control Board after August 1, 2015.
- If a preliminary inspection by personnel of the Alcoholic Beverage Control Division indicates that a proposed location for a retail liquor business appears from any point to be situated between nine hundred feet (900') and one thousand one hundred feet (1,100') of a church or schoolhouse property line, the permit applicant shall submit to the division a survey of the location performed by a licensed surveyor before a permit is issued for the retail liquor business.
History. Acts 1975, No. 699, § 1; A.S.A. 1947, § 48-345; Acts 2001, No. 1072, § 1; 2015, No. 1172, § 1; 2017, No. 491, § 1; 2019, No. 983, § 2.
Amendments. The 2015 amendment rewrote the section.
The 2017 amendment added (c).
The 2019 amendment added the (a)(1) designation; added (a)(2); and made stylistic changes.
Case Notes
Construction.
The language of this section is obviously applicable to the retail liquor business and complements § 3-4-604. When the two statutes are read together it is obvious that the legislature intended to prevent retail “package” stores from operating within 200 yards of a school or church building. Rowell v. Austin, 276 Ark. 445, 637 S.W.2d 531 (1982).
The word “church” means the place where a body of people or worshipers associate together for religious purposes; in a statute or regulation, the word is to be given its usual and ordinary meaning. Ark. ABC Div. v. Person, 309 Ark. 588, 832 S.W.2d 249 (1992) (decision under prior law).
Grant or Denial of Permit.
Fact that the Alcoholic Beverage Control Board granted a permit for another retail liquor business to locate within 200 yards of a church in violation of this section did not make the action of the board arbitrary when it refused to approve a similar location, since it is not arbitrary for a governmental agency to refuse to make the same error twice. Ark. ABC Div. v. Person, 309 Ark. 588, 832 S.W.2d 249 (1992).
Private Clubs.
The prohibition of this section would not apply to the transfer of a private club permit for dispensation of alcoholic beverages by the drink or in broken or unsealed containers for consumption on the premises. Jones v. Reed, 267 Ark. 237, 590 S.W.2d 6 (1979).
Regulations may differentiate between “package” stores and private clubs. Ark. ABC Div. v. Person, 309 Ark. 588, 832 S.W.2d 249 (1992).
Waiver.
Waiver of this section by a church is ineffective since the section expresses the public policy of this state, and a waiver by a church congregation does not change the state's public policy. Ark. ABC Div. v. Person, 309 Ark. 588, 832 S.W.2d 249 (1992).