In addition to such other information as the Director of the Alcoholic Beverage Control Division may determine shall be provided, the applicant for any permit issued pursuant to any alcoholic beverage control law of the State of Arkansas shall furnish the following information and make the following statements in the application or affidavits attached thereto:

1. (1) Information to be furnished in application:

   1. (A) The name, age, and address of:

      1. (i) The applicant, if an individual;
      2. (ii) Each partner, if the applicant is a partnership; and
      3. (iii) Each member of the board of directors or other governing body and each officer and the managing agent, if the applicant is a partnership, corporation, or an association;
   2. (B) The name and address of each person financially interested in the permitted business for which application is made, together with the nature of such interest, but if such applicant is a corporation, the applicant shall set forth only the name or names and address or addresses of all stockholders holding more than five percent (5%) interest in the permitted business;

   3. (C)

      1. (i) The street and number of the premises to be permitted and such description of the premises, including a floor plan showing the dimensions thereof.

      2. (ii) When any on-premises outlet requests an outdoor service area, the following factors, along with any others deemed relevant, will be considered by the Director of the Alcoholic Beverage Control Division or the Alcoholic Beverage Control Board:

         1. (a) (a) Area location;
         2. (b) (b) Population density;
      3. (c) (c) Accessibility to outside traffic (foot or vehicle);

      4. (d) (d) Visual compatibility of permitted activities with other area business or resident activity;

         1. (e) (e) Type of permitted business; and
         2. (f) (f) Potential noise problems.
      5. (iii) Such outdoor service area shall be clearly defined by fences, walls, or barriers that will constitute a recognized boundary or, in approved rural settings where the need for such barriers is found to be minimal to adequately define the premises, the posting of a five-inch-by-seven-inch (5” x 7”) sign, at locations to be determined by the Director of the Alcoholic Beverage Control Division or Alcoholic Beverage Control Board, stating “NO ALCOHOLIC BEVERAGES BEYOND THIS POINT”; and

   4. (D)

      1. (i) The name and address of the owner of the premises for which the permit is sought.
      2. (ii) If the applicant is not the owner of the premises for which the permit is sought, the name of the owner of the premises and the name or names of any other person or persons holding a leasehold interest in the premises;

2. (2) Statements to be made in applications:

   1. (A) That the applicant, if the application is by an individual; each partner, if the application is by a partnership; or the managing agent, if the application is by a partnership, corporation, or an association, possesses the following qualifications:

      1. (i) Is a person of good moral character, a citizen or permanent resident alien of the United States, and such person must be a resident of the county in which the permit will be operated, or reside within thirty-five (35) miles of the address of the premises described in the application;

      2. (ii)

         1. (a) (a) Shall be a resident of the State of Arkansas on the date of the application and maintain such residency within the state as a continuing qualification to hold a permit issued by the Alcoholic Beverage Control Division.
         2. (b) (b) Provided, that any hotel or restaurant, as defined in 3 CAR § 4-103, which is owned by a partnership, whether regular or limited, may have a permit issued to a nonpartner manager or operator provided that he or she meets the other qualifications required by this section and the failure of one (1) or more partners to be residents of this state shall not be grounds for denial of the permit.
      3. (c) (c) Provided further, the residency requirement pursuant to subdivisions (2)(A)(i) and (ii) of this section does not apply to a managing agent of a partnership, corporation, or an association that is an applicant if the applicant:
3. (1) (1) Currently holds at least two (2) retail beer permits issued by the Alcoholic Beverage Control Division for the sale of alcoholic beverages; and

4. (2) (2) Designates with the Alcoholic Beverage Control Division a representative who resides within the county of the premises or within thirty-five (35) miles of the address of the premises described in the application.

   1. (d) (d) If a retailer chooses to exercise the exemption to the residency requirements pursuant to subdivisions (2)(A)(i) and (ii) of this section, the retailer, after the issuance of the second permit issued to the permitted retailer by the Alcoholic Beverage Control Division may:
5. (1) (1) Change the managing agent of each of its permits by completing a form provided by the Alcoholic Beverage Control Division. The managing agent shall be a person of good moral character and a citizen or resident alien of the United States, but shall not be required to meet the other residency requirements of subdivisions (2)(A)(i) and (ii) of this section; and

6. (2) (2) Designate a representative for each permitted premises who resides within the county of the premises or within thirty-five (35) miles of the address of the premises stated on the permit; and

   1. (iii) Has never been convicted of a felony or had a license to sell alcoholic beverages revoked within five (5) years preceding the date of application, whether issued by this state or any other state, and that he or she has not been convicted of violating any laws of this state or any other state governing the sale, possession, manufacture, or transportation of alcoholic beverages within five (5) years preceding the date of application;
   2. (B) If the applicant is a corporation or an association, a statement shall be made in the application that all officers and directors, any stockholders holding more than five percent (5%) of the stock of such corporation, and the managing agent or agents possess all of the qualifications required by the laws of the State of Arkansas or by this part for an individual permit, provided, that the requirements as to residence in or citizenship of the United States shall not apply to officers, directors, or stockholders of such corporation or association, and that any application for a hotel, motel, or restaurant permit shall meet the qualifications as set forth in Arkansas Code § 3-9-210;
   3. (C) Every applicant and every managing agent making application for a permit to manufacture, wholesale, or retail beer and/or light wine shall make and subscribe to an oath that he or she will not violate any laws of this state or knowingly allow any other person to violate any laws of this state while in or upon the permitted premises;
   4. (D) Every applicant and every managing agent making application for a permit to sell beer at retail for consumption on the premises shall make and subscribe to an oath that he or she will not allow any intoxicating liquor as defined by Arkansas Code § 3-5-202 of any kind or character, including malt liquor or vinous liquor or distilled spirits having an alcohol content in excess of five percent (5%) by weight, to be kept, stored, or secreted in or upon the premises described in the permit unless such applicant also holds a permit for the sale and possession of such beverages;
   5. (E) Every applicant for a permit to sell beer at retail for consumption on or off-premises shall make and subscribe to an oath that no manufacturer, distributor, or wholesale dealer shall have any interest, directly or indirectly, in the business of said applicant or in the furnishings or fixtures used in the place of business of said applicant or any lien thereon;
   6. (F) Every applicant for a permit to manufacture, wholesale, or distribute beer and/or light wine shall make and subscribe to an oath that such applicant has no interest and shall acquire no interest, directly or indirectly, in the business of any person, firm, or corporation applying for and securing or holding a permit as a retail dealer of beer and/or light wine, or the furnishings or fixtures used in the place of business of said retail dealer or hold any lien thereon; and
   7. (G) The designation of the category of permit for which the application is made shall be made in the application and shall be binding on the applicant; and

7. (3) Attachments to application:

   1. (A) If the premises is not constructed or completed at the time of application, the applicant shall attach to the application a plot plan of the premises in a form approved by the Director of the Alcoholic Beverage Control Division which shall clearly show the construction of the premises, including the dimensions thereof, and the relation of the premises to surrounding structures;
   2. (B) If the premises is not owned by the applicant or if the applicant does not hold a valid lease to the premises and application is thereby being made on the basis of a legal buy/sell agreement, an option to lease, or an option to purchase said premises, then a copy of said agreement/option shall accompany the application;
   3. (C) If the applicant is a corporation or association, a copy of the articles of incorporation or other governing charter or document and the bylaws shall be attached to the application;

   4. (D)

      1. (i) Any person applying for a new permit or transfer of location permit shall be required to submit with the application three (3) photographs of the proposed building depicting the front, rear, and a side view.
      2. (ii) If there is no building in existence, the applicant shall submit photographs which show the proposed building location;
   5. (E) Financial Statement Required to Apply for Sunday Mixed Drink Permit [repealed];
   6. (F) Application for Temporary Sunday Mixed Drink Permit [repealed];

   7. (G)

      1. (i) Any person, corporation, or business entity making application to replace an existing permittee shall submit with the application a replacement notice from the current permit holder authorizing the replacement applicant to operate under the authority of the currently valid permit or permits while the replacement application is pending before the Alcoholic Beverage Control Division.
      2. (ii) The replacement authorization must be on the form provided to the applicant by the Alcoholic Beverage Control Division.
      3. (iii) In no event shall the current permit holder be allowed to withdraw the replacement notice of authorization once the replacement application has been accepted by the Alcoholic Beverage Control Division for processing.
      4. (iv) Once the replacement application has been acted on by final decision, the replacement notice expires and may not be used for subsequent applications;
   8. (H) Any application for an on-premises permit shall be accompanied by an entertainment form, provided by the Alcoholic Beverage Control Division, which shall set forth the proposed activities to occur on the permitted premises, the same being subject to the approval of the Director of the Alcoholic Beverage Control Division; and

   9. (I)

      1. (i) Any person applying for an Alcoholic Beverage Control Division permit, other than as excepted below, shall prove that they have not been found guilty of or pleaded guilty or nolo contendere to any felony in the State of Arkansas or any similar offense by a court in another state or of any similar offense by a military or federal court.

      2. (ii)

         1. (a) (a) In order to prove this qualification, there shall be attached to the application at the time it is tendered to the Alcoholic Beverage Control Division an in-state criminal background check through the Division of Arkansas State Police.
         2. (b) (b) The applicant shall also furnish fingerprints to the Division of Arkansas State Police, either in person or at an approved Division of Arkansas State Police fingerprint harvester for electronic submission, for transmission to the Federal Bureau of Investigation.
      3. (iii) If the Federal Bureau of Investigation investigation subsequently shows that the applicant is not qualified, proceedings shall be instituted to cancel the permit if it has already been issued.

      4. (iv)

         1. (a) (a) No fingerprint submission or criminal background check shall be required for any person or company applying for a nonresident beer seller’s permit or for a wholesale support center permit as authorized by Arkansas Code § 3-5-1301 et seq.
         2. (b) (b) Further, no fingerprint submission shall be required for any person applying for any permit which has a stated duration of five (5) days or less.

Codification Notes: Subdivision (1)(C) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-20-97)" Subdivision (2)(A)(i) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 7-19-95)" Subdivisions (2)(A)(ii)(a) and (b) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-20-97)" Subdivision (2)(A)(ii)(d) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 9-16-15)" Subdivision (2)(A)(iii) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-21-13)" Subdivision (2)(B) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-18-99)" Subdivision (2)(D) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-19-93)" Subdivision (3)(B) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-18-99)" Subdivision (3)(D) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-19-93)" Prior to codification into the Code of Arkansas Rules, subdivision (3)(E) contained the following: "Repealed 8-19-09" Prior to codification into the Code of Arkansas Rules, subdivision (3)(F) contained the following: "Repealed 8-19-09" Subdivision (3)(G) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-15-07)" Subdivision (3)(H) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-18-99)" Subdivision (3)(I) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-17-05)"