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Arkansas Code Annotated

Ark. Code Ann. § 3-4-218 (2026)

Permits restricted to permitted premises

✓ current as of May 2026
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    1. No new liquor permits shall be issued to nor shall any outstanding liquor permit be transferred to any person, firm, or corporation by the Alcoholic Beverage Control Division wherein the permitted premises of the liquor permittee is operated as a part of the profit-making business of any drug, grocery, sporting goods, dry goods, hardware, or general mercantile store.
    2. However, the permittee may have tobacco products, mixers, soft drinks, consumables and edible products that complement alcoholic beverages, and other items customarily associated with the retail package sale of the liquors.
    3. The division shall promulgate rules to facilitate the sale of complementary products under subdivision (a)(2) of this section.
  2. However, this restriction shall not prohibit the transfer of a permit by the division resulting from the sale of a business for which a permit was issued on or before February 18, 1971.
  3. It is further provided that in any instance where a retail liquor permit was issued after February 18, 1971, and the permitted premise is located outside an incorporated city or town and is located within five (5) miles of two (2) other liquor stores that were grandfathered in under the provisions of subsection (b) of this section, with each of the other stores being on either side of the newer liquor store, further where the newer liquor store and one (1) of the grandfathered liquor stores are both located in the same county and the second grandfathered liquor store is located in an adjoining county, and further where all three (3) subject liquor stores are located within one (1) mile of a federal interstate highway, then the middle liquor store may be considered as a grandfathered liquor store on the same basis as its competitors and may sell items which would not ordinarily be allowed if the permit were granted after February 18, 1971.
  4. The holder of a retail liquor permit, as defined in § 3-4-604, which is located in any city having a population of less than six hundred (600) persons and in a county having a population of less than sixteen thousand (16,000) persons according to the 2000 Federal Decennial Census and within three (3) miles of a river that serves as a common boundary between that county and another state shall be entitled, in addition to other privileges inherent under the permit, to sell food prepared on the licensed premises for off-premises consumption.
    1. A retail liquor permit issued under this subchapter is restricted to the location identified in the application required under § 3-4-209(3).
    2. A retail liquor permit shall not be used for multiple locations.

History. Acts 1971, No. 106, § 3; 1977, No. 798, § 1; A.S.A. 1947, § 48-310.3; Acts 1999, No. 1594, § 1; 2003, No. 848, § 1; 2007, No. 457, § 1; 2011, No. 70, § 2; 2017, No. 508, § 1.

Amendments. The 2007 amendment added (d), and made a stylistic change in (c).

The 2011 amendment added (e).

The 2017 amendment inserted “consumables and edible products that complement alcoholic beverages” in (a)(2); and added (a)(3).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Alcoholic Beverages, 26 U. Ark. Little Rock L. Rev. 349.

Case Notes

Standing.

Liquor store retailers' association had standing under § 25-15-212(a) to challenge a decision of the Arkansas Alcoholic Beverage Control Board, which granted permits to a department store, based on the association's claims of disparate treatment under this section and its members' inability to compete on an equal basis with the store. Ark. Bev. Retailers Ass'n v. Moore, 369 Ark. 498, 256 S.W.3d 488 (2007).

Transfer of License.

Trial court properly upheld a decision granting an applicant's request to transfer a retail liquor license from another business to the applicant's location because the applicant's sales would be limited to the separate premises of its store, even though it was a subsidiary of an adjoining warehouse club; the application of subdivision (a)(1) of this section was not clearly wrong. Ark. Bev. Retailers Ass'n v. Langley, 2009 Ark. 187, 305 S.W.3d 427 (2009).

Cited: Vallaroutto v. ABC Bd., 81 Ark. App. 318, 101 S.W.3d 836 (2003).

Notes of Decisions
Cited in 4 cases, 2003–2009 · leading case: Arkansas Beverage Retailers Ass'n v. Moore, 256 S.W.3d 488 (Ark. 2007).
Sort: Relevance Newest Treatment
Arkansas Beverage Retailers Ass'n v. Moore, 256 S.W.3d 488 (Ark. 2007). · cites it 16× “It alleged that the ABC Board’s decision should be reversed in that it was (1) arbitrary, capricious, characterized by an abuse of discretion, and was not supported by substantial evidence; (2) in violation of statutory provisions as a result of the Board’s misinterpretation of…”
Arkansas Beverage Retailers Ass'n v. Langley, 305 S.W.3d 427 (Ark. 2009). · cites it 14× “Before we address the Association’s arguments on appeal, we note that Sam’s West argues that the Board’s reliance on Arkansas Code Annotated section 3-4-218 (Supp.2003) concerning premises where liquor sales may take place was incorrect.”
Vallaroutto v. Alcoholic Beverage Control Bd., 101 S.W.3d 836 (Ark. Ct. App. 2003). · cites it 4× “See Ark. Code Ann. § 3-4-218 (a) and (b) (Supp.”
Arkansas Beverage Retailers Ass'n v. Moore, 256 S.W.3d 488 (Ark. 2007). · cites it 16× “It alleged that the ABC Board's decision should be reversed in that it was: (1) arbitrary, capricious, characterized by an abuse of discretion, and was not supported by substantial evidence; (2) in violation of statutory provisions as a result of the Board's misinterpretation of…”
— Ark. Code Ann. § 3-4-218(a) — 1 case
Vallaroutto v. Alcoholic Beverage Control Bd., 101 S.W.3d 836 (Ark. Ct. App. 2003). “See Ark. Code Ann. § 3-4-218 (a) and (b) (Supp.”
— Ark. Code Ann. § 3-4-218(a)(1) — 1 case
Arkansas Beverage Retailers Ass'n v. Langley, 305 S.W.3d 427 (Ark. 2009). “Before we address the Association’s arguments on appeal, we note that Sam’s West argues that the Board’s reliance on Arkansas Code Annotated section 3-4-218 (Supp.2003) concerning premises where liquor sales may take place was incorrect.”
— Ark. Code Ann. § 3-4-218(c) — 1 case
Arkansas Beverage Retailers Ass'n v. Langley, 305 S.W.3d 427 (Ark. 2009). “Before we address the Association’s arguments on appeal, we note that Sam’s West argues that the Board’s reliance on Arkansas Code Annotated section 3-4-218 (Supp.2003) concerning premises where liquor sales may take place was incorrect.”
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