1. (a)

   1. (1) Whenever any application for a permit shall be denied, no application for a permit shall be accepted from the same applicant for a period of one (1) year following the date on which such application is finally acted upon by the Director of the Alcoholic Beverage Control Division or by the Alcoholic Beverage Control Board on appeal or by the appellate court system unless the applicant can show a substantial change in the underlying facts which supported the decision to deny the application.
   2. (2) Provided, that this section shall not apply if the application was denied solely because of disapproval of the premises and a new application is for premises other than those described in the original application.

2. (b)

   1. (1) If an application has been made by a private club in an area which does not allow the sale of alcoholic beverages and if that application is denied by final resolution as set forth in subsection (a) of this section, no application may be made by the same nonprofit corporation applicant within a period of two (2) years from the date the application was denied by the director.
   2. (2) If a private club applicant wishes to apply within the two-year period, the application shall be accompanied by a certification from the county clerk of the county where the private club is to be located certifying that the applicant has obtained signatures from not less than twenty-five percent (25%) of the registered voters in the county.
   3. (3) The application shall be filed no later than twenty (20) days from the date the county clerk certifies the count.
   4. (4) The signatures must be obtained on petitions which clearly state that the purpose of the petition is to obtain an alcoholic beverage permit for a private club in the said dry area and to serve alcoholic beverages.

3. (c) “Same applicant” or “same nonprofit applicant”, as used in this section, shall be broadly interpreted by the director or board to be the real party or parties in interest in the original application, notwithstanding the fact that the subsequent application may be made in the name of a:

   1. (1) Family member;
   2. (2) Business associate; or
   3. (3) New nonprofit corporation.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-17-05)"