Ark. Code Ann. § 3-4-604 (2026)
Retailers
- A person, other than a distiller, importer, rectifier, or wholesaler, may apply to the Director of the Alcoholic Beverage Control Division for a permit to sell and dispense vinous or spirituous liquors or hard cider for beverage purposes at retail.
- The application shall be in writing and shall set forth in detail such information concerning the applicant for the permit and the premises to be used by the applicant as the director may require.
- The application shall be accompanied by a certified check, cash, or postal money order for the amount required by this act for the permit.
- If the director shall grant the application, he or she shall issue a permit in such form as shall be determined by the rules of the Alcoholic Beverage Control Division.
- The permit shall contain a description of the premises permitted and in form and substance shall be a permit to the person specifically designated in the permit to sell and dispense at retail spirituous or vinous liquors or hard cider.
- All such sales shall be in unbroken packages that shall not be opened or the contents or any part consumed on the premises where purchased.
- For the privilege of operating a dispensary from which the vinous, spirituous, and malt liquors (except wines) or hard cider are to be dispensed in the manner provided in this act, there is assessed and there shall be paid a permit fee of and by the person engaged therein in the sum of four hundred dollars ($400) per annum payable on or before June 30 of each calendar year for the fiscal year beginning July 1.
History. Acts 1935, No. 108, Art. 3, § 6; 1935, No. 108, Art. 4, § 4; Pope's Dig., §§ 14110, 14130; Acts 1983, No. 420, § 1; 1983, No. 675, § 4; A.S.A. 1947, §§ 48-309, 48-313.1, 48-324; Acts 2019, No. 691, §§ 6, 7.
Publisher's Notes. For exclusion of wines, see Publisher's Notes to § 3-4-602.
Amendments. The 2019 amendment inserted “or hard cider” in (a), (e), and (g); and made stylistic changes.
Meaning of “this act”. See note to § 3-4-602.
Cross References. Additional fee for operation of dispensary, § 3-7-111.
Additional permit fee generally, § 3-7-111.
Retail liquor dealer permitted to sell native wines without additional license, § 3-5-102.
Case Notes
Construction.
The language of § 3-4-206 is obviously applicable to the retail liquor business and complements this section. 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).
Private Clubs.
The prohibition of § 3-4-206 on the issuance of a new permit to engage in the retail liquor business at a location situated within 200 yards of a church 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).
Cited: Carr v. Turner, 238 Ark. 889, 385 S.W.2d 656 (1965).