- (a) Any permit issued pursuant to any alcoholic beverage control law of the State of Arkansas shall be issued only for use in any county or political subdivision where authorized by law.
(b) In determining whether any such application for a permit would promote the public convenience and advantage or interest, the Director of the Alcoholic Beverage Control Division or the Alcoholic Beverage Control Board, in the appropriate case, may consider, among other relevant factors, the following:
- (1) The number of existing alcoholic beverage permits in the proposed area and whether such area is adequately served by existing outlets;
- (2) The types of existing alcoholic beverage permits in the proposed area;
- (3) Suitability of location of proposed outlet including such factors as possible traffic hazards or traffic congestion, remoteness of area, degree of law enforcement available, character of surrounding neighborhood, and related factors;
- (4) Suitability of proposed building including such factors as type of building, building condition, and building security;
- (5) The potential impact of the proposed outlet on churches or schools in the area;
- (6) Input from law enforcement officials or other public officials in the proposed area; and
(7)
- (A) Opposition or support comments from adjacent property owners or nearby area residents to any application.
- (B) Any group may register their support or opposition to a pending application by submitting petitions to the Alcoholic Beverage Control Division.
- (C) Petitions submitted must be on eight-and-one-half-inch-by-eleven-inch (8 1/2" x 11”) paper and must contain original signatures only.
- (D) The division will not accept as evidence any photocopies of signatures.
- (E) In addition, petitions must refer to a specific application that is on file with the division.
- (F)
(i) A petition in opposition or support that has been filed on a particular application that has been acted on by the director may not be used for any other applications.
(ii) Provided, such petitions will be received by the division only if delivered by mail or hand delivered to the division.
- (G) No facsimile or email petitions or letters will be considered by the division or placed in the application file.
Codification Notes: Subdivision (b)(1) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 6-13-91)" Subdivision (b)(5) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 9-8-97)" Subdivision (b)(7) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-17-05)"