Arkansas Code Annotated

Ark. Code Ann. § 3-4-210 (2026)

Applications — Notice requirements

✓ current as of May 2026
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      1. After filing an application with the Director of the Alcoholic Beverage Control Division and the acceptance of the application by the director, the applicant shall publish at least one (1) time a week for four (4) consecutive weeks in a legal newspaper of general circulation in the city or locality where the business is to be located a notice that the applicant has applied for a permit to sell alcoholic beverages at retail.
      2. The newspaper publishing the notice shall have a physical address within the county of the proposed location of the retail business identified in the application.
      3. If the county does not have a newspaper, then the publication shall be placed in a newspaper with the nearest physical address of the location of the retail business identified in the application.
    1. The notice shall be in such form as the director shall prescribe by rule or order and shall be verified.
    2. The notice shall give the names of the applicant and the business and shall state that the applicant is a resident of Arkansas, a citizen or resident alien of the United States, that he or she has good moral character, that he or she has never been convicted of a felony or had a license to sell alcoholic beverages revoked within the five (5) years preceding the date of notice, whether issued by this state or any other state, and that he or she has not been convicted of violating laws of this state or any other state governing the sale of alcoholic beverages within five (5) years preceding the date of the notice.
    1. Within five (5) days after filing an application for a permit to sell alcoholic beverages at retail at any premises, a notice of the application shall be posted in a conspicuous place at the entrance to the premises.
    2. The applicant shall notify the director of the date when notice is first posted.
    3. No permit shall be issued to any applicant until proper notice has been posted on the premises for at least thirty (30) consecutive days.
      1. The notice shall be in such form as the director shall prescribe by rule or order.
      2. The notice shall be:
        1. At least eleven inches (11") in width and seventeen inches (17") in height; and
        2. Printed in black lettering on a yellow background.
    1. Upon receipt by the director of an application for a permit, written notice thereof, which shall include a copy of the application, the application shall immediately be mailed by the director to the sheriff, chief of police, if located within a city, and prosecuting attorney of the locality in which the premises are situated, and to the city board of directors or other governing body of the city in which the premises are situated, if within an incorporated area.
    2. No license shall be issued by the director until at least thirty (30) days have passed from the mailing by the director of the notices required by this section.

History. Acts 1935, No. 108, Art. 3, § 7; Pope's Dig., § 14111; Acts 1945, No. 239, § 1; 1967, No. 239, § 1; 1973, No. 189, § 1; A.S.A. 1947, § 48-311; Acts 1989, No. 297, § 2; 1991, No. 606, § 3; 1995, No. 652, § 11; 2007, No. 735, § 1; 2013, No. 292, § 1.

Publisher's Notes. Subdivision (a)(3) of this section may be superseded as to felony convictions by § 17-1-103. See Publisher's Notes to § 3-4-207.

Amendments. The 2007 amendment, in (a)(1), substituted “Director of the Alcoholic Beverage Control Division” for “director” and “four (4)” for “two (2)”; deleted “regulation” following “rule” in (a)(2) and (b)(4)(A); added (b)(4)(B) and made related changes; and inserted “the application” preceding “shall” in (c)(1).

The 2013 amendment redesignated former (a)(1) as (a)(1)(A); rewrote (a)(1)(A); and added (a)(1)(B) and (a)(1)(C).

Case Notes

Private Clubs.

This section does not apply to transfer of private club permits. Jones v. Reed, 267 Ark. 237, 590 S.W.2d 6 (1979).

Notes of Decisions
Cited in 3 cases, 2013–2013 · leading case: Sears v. Zumwalt, 2013 Ark. App. 490 (Ark. Ct. App. 2013).
Sears v. Zumwalt, 2013 Ark. App. 490 (Ark. Ct. App. 2013). · cites it 3× “In an order filed February 1, 2011, the circuit court ordered appellant “to produce a legible photograph of the notice he allegedly posted in compliance with the applicable ABC regulations and Ark. Code Ann. § 3-4-210 .” On that same date, the circuit court filed an order…”
Sears v. Zumwalt, 2013 Ark. App. 490 (Ark. Ct. App. 2013). · cites it 3× “In an order filed February 1, 2011, the circuit court ordered appellant “to produce a legible photograph of the notice he allegedly posted in compliance with the applicable ABC regulations and Ark. Code Ann. § 3-4-210 .” On that same date, the circuit court filed an order…”
Sears v. Zumwalt, 2013 Ark. App. 744 (Ark. Ct. App. 2013). · cites it 7× “Under Ark. Code Ann. § 3-4-210 (Repl. 2008) and other Alcoholic Beverage Control Board (ABC) regulations, Sears was required to post an 11" x 17" sign, provided by the ABC, on the new property and run a notice in a legal newspaper of general circulation.”
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