Arkansas Code Annotated

Ark. Code Ann. § 3-9-201 (2026)

Legislative determinations and intent

✓ current as of May 2026
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  1. The General Assembly reaffirms the policy of this state of strict enforcement of alcoholic beverage control laws and further reaffirms the policy of this state that the qualified electors of any city, county, or political subdivision thereof shall have the right of local option pursuant to Initiated Act No. 1 of 1942, as amended, §§ 3-8-201 — 3-8-203 and 3-8-205 — 3-8-209, to prohibit the manufacture or sale of intoxicating liquor therein.
  2. The General Assembly further declares and recognizes the principle of freedom of choice of the people in any city or county in which the manufacture or sale of alcoholic beverages has not been prohibited to determine by a local referendum whether the sale of alcoholic beverages for on-premises consumption shall be authorized in the manner herein provided.
  3. The General Assembly authorizes and directs all law enforcement officials to enforce strictly the alcoholic beverage laws of this state.
  4. The General Assembly determines:
    1. That the tourist and convention industries contribute substantially to the revenues of business enterprises in this state and that income from the tourist trade, conventions, and allied industries is essential to the continued well-being and prosperity of this state;
    2. That there is extreme competition among states throughout the nation for the tourist and convention business; and
    3. That all reasonable steps should be taken to retain, foster, and encourage this business and to create favorable competitive conditions therefor in this state.
  5. In order to encourage tourists and conventions to come to Arkansas, it is essential that visitors to the state be provided accommodations, services, and facilities of a nature to which they are accustomed and competitive with those offered in other states and areas and especially states adjacent to Arkansas.
  6. It is the intent and purpose of this subchapter to authorize the qualified electors of cities and counties in which the sale of alcoholic beverages is not prohibited by law to approve, by referendum election, the legal sale of alcoholic beverages for consumption on the premises of restaurants, hotels, and motels as defined herein.

History. Acts 1969, No. 132, § 1; A.S.A. 1947, § 48-1401.

Case Notes

Applicability of Other Laws.

A policy declaration that liquor laws should be strictly enforced is not a legislative declaration requiring the application of all existing statutes governing intoxicating liquor permits to the “on-premises consumption” type of permit. The General Assembly's directive that the board, in adopting rules and regulations governing qualifications for permits and otherwise implementing and effectuating the purposes of the acts, be guided by rules and regulations applicable to retail liquor licenses “insofar as pertinent” does not require application of the laws governing liquor permits generally. Jones v. Reed, 267 Ark. 237, 590 S.W.2d 6 (1979).

Cited: Tiffany's Restaurants, Inc. v. City of Little Rock, 280 Ark. 402, 658 S.W.2d 394 (1983); Henard v. St. Francis Election Comm., 301 Ark. 459, 784 S.W.2d 598 (1990).

Notes of Decisions
Cited in 2 cases, 1990–2012 · leading case: Henard v. St. Francis Election Comm., 784 S.W.2d 598 (Ark. 1990).
Henard v. St. Francis Election Comm., 784 S.W.2d 598 (Ark. 1990). · cites it 2× “Constitutions in that the private clubs and restaurant provisions of Ark. Code Ann. § 3-9-201 (1987) and Ark. Code Ann.”
Barnes v. Arkansas Dep't of Fin. & Admin., 419 S.W.3d 20 (Ark. Ct. App. 2012). · cites it 2× “Ark.Code Ann. § 3-9-201(b), (c), & (e) (Repl.”
— Ark. Code Ann. § 3-9-201(b) — 1 case
Barnes v. Arkansas Dep't of Fin. & Admin., 419 S.W.3d 20 (Ark. Ct. App. 2012). “Ark.Code Ann. § 3-9-201(b), (c), & (e) (Repl.”
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