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Arkansas Code Annotated

Ark. Code Ann. § 3-4-213 (2020)

Applications — Appeals

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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Any appeal from an order of the Director of the Alcoholic Beverage Control Division or the Alcoholic Beverage Control Board shall be made to the circuit court of the county in which the premises are situated or the Pulaski County Circuit Court. Appeals shall be governed by the terms of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

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; 1981, No. 790, § 4; A.S.A. 1947, § 48-311.

Case Notes

Constitutionality.

Former provision of this section authorizing the circuit court in a trial de novo to redetermine or disregard the factual base upon which the Alcoholic Beverage Control Board relied to issue a liquor license was unconstitutional because such a trial sanctioned judicial encroachment into an area constitutionally reserved to the executive branch of government in the exercise of its executive discretion pursuant to §§ 3-4-201, 3-4-202, and 3-4-208. Goodall v. Williams, 271 Ark. 354, 609 S.W.2d 25 (1980) (decision prior to 1981 amendment).

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 2 cases, 2007–2007 · leading case: Arkansas Beverage Retailers Ass'n v. Moore, 256 S.W.3d 488 (Ark. 2007).
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Arkansas Beverage Retailers Ass'n v. Moore, 256 S.W.3d 488 (Ark. 2007). · cites it 2× “See Ark. Code Ann. § 3-4-213 (Repl. 1996). At issue in the instant case is whether ABRA had standing to seek judicial review of the ABC Board’s decision under the APA.”
Arkansas Beverage Retailers Ass'n v. Moore, 256 S.W.3d 488 (Ark. 2007). · cites it 2× “See Ark.Code Ann. § 3-4-213 (Repl.1996). At issue in the instant case is whether ABRA had standing to seek judicial review of the ABC Board's decision under the APA.”
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