No permit shall be issued pursuant to any alcoholic beverage control law of the State of Arkansas for the following premises:

1. (1) Premises not complying with health, safety, and sanitary standards. Any premises which does not comply with the minimum health, safety, and sanitary standards established by the State of Arkansas and the rules and of the State Board of Health;

2. (2)

   1. (A) Premises operated in conjunction with certain other businesses. No off-premises retail liquor permit shall be operated as part of the profit-making business of any billiard hall, pool room, drug, grocery, sporting goods, dry goods, hardware, general mercantile store, or any other business unrelated to such permit; however, the retail liquor store permittee may have tobacco products, mixers, soft drinks, consumables and edible products that complement alcoholic beverages, clothing and other promotional or marketing merchandise with logos or graphics of the permittee’s business, and other items customarily associated with the retail package sale of the liquors.

   2. (B)

      1. (i) Edible products may include:

         1. (a) (a) Lemons, limes, cherries, olives, and other food items used in the preparation or garnishment of alcoholic beverages or mixed alcoholic beverages;
         2. (b) (b) Peanuts, pretzels, chips, crackers, and other packaged snack foods and confectionaries; and
      2. (c) (c) Prepackaged food items, including but not limited to cheese, meat, and appetizers.
      3. (ii) Retail liquor stores shall not cook, prepare, or package food items on the premises of the retail liquor store for the purpose of resale.

   3. (C) Consumable products may include:

      1. (i) Party supplies, party decorations, gift bags, gift baskets, greeting cards, and other items for parties and special events; and
      2. (ii) Ice in any form.

   4. (D) Items customarily associated with the retail package sale of liquors may include:

      1. (i) Beverage coolers, beverage insulators, and ice chests;
      2. (ii) Items used in the preparation of mixed drinks, including without limitation beverage strainers, pourers, jiggers, stirrers, ice crushers, and ice molds;
      3. (iii) Decanters, carafes, glassware, and drinkware;
      4. (iv) Bottle openers and can openers; and
      5. (v) Corkscrews, wine aerators, bottle stoppers, and devices designed to preserve wine;
3. (3) Premises for which adequate police protection is not available. Any premises for which, in the judgement of the Director of the Alcoholic Beverage Control Division, or the Alcoholic Beverage Control Board on appeal, adequate police protection is not available due to the remoteness of the location of the premises;

4. (4)

   1. (A) Premises which will not promote public convenience and advantage.
   2. (B) Any premises for which the issuance of a permit would not, in the judgement of the director, or the Alcoholic Beverage Control Board on appeal, promote the public convenience and advantage.
   3. (C) In determining whether the issuance of a permit would promote the public convenience and advantage, the director, or the Alcoholic Beverage Control Board on appeal, may consider, in addition to all other relevant factors, the number of permits issued in the general vicinity of the premises for which application has been made and whether such area is adequately served by existing outlets;
5. (5) Premises for Which Permit has been Revoked [Repealed 8-19-93];

6. (6)

   1. (A) Permits not to be issued to premises within the following stated distances from church or schoolhouse.

   2. (B) No permit for the sale or dispensing of alcoholic beverages shall be issued nor any existing permit transferred to any location within the following prohibited distances of any church or schoolhouse, such distances to be calculated based upon the existence of the church or school building at the time the application is accepted by the Alcoholic Beverage Control Division for processing:

      1. (i)

         1. (a) (a) Retail liquor permit.
         2. (b) (b) One thousand feet (1,000’) to be measured from the nearest property line point of the church or school building to the nearest property line point of the building sought to be permitted;

      2. (ii)

         1. (a) (a) Off-premises retail beer permit to be issued to retail liquor store.
         2. (b) (b) One thousand feet (1,000’) to be measured from the nearest property line point of the church or school building to the nearest property line point of the building sought to be permitted; and
      3. (iii) Exception for Retail Liquor Store Outlets Which are Within One Thousand Feet of a Church or School Building on the Date of August 13, 2001 [repealed].
   3. (C) For purposes of this section, “church” means a church and all immediately adjacent property owned or leased by the church that is used for church purposes.

   4. (D) For purposes of this section, “schoolhouse” means:

      1. (i) A facility owned and operated by a public or private school or an open-enrollment charter school; and
      2. (ii) A public or private daycare facility licensed by the State of Arkansas;
7. (7) Retail Wine Permit Not to be Issued to a Grocery Sales Outlet [repealed];
8. (8) Retail Wine Permit Not to be Issued to any Premises that is not a Restaurant Qualified to Hold Restaurant Wine Sales Permit [repealed];
9. (9) Retail Beer Not to be Issued to Any Establishment Whose Business is Predominantly Motor Fuel Sales [repealed];
10. (10) “Wholesale” as part of trade name prohibited. No retail permit shall be issued to any retail sales outlet any part of whose trade name or firm name includes the word “wholesale”;

11. (11)

    1. (A) New retail beer on-premises consumption permits not to be issued to certain establishments.
    2. (B) From and after the effective date of this section, no new application for an on-premises retail beer, on-premises retail wine, or wine restaurant on-premises permit will be granted for any grocery store, convenience store, or general mercantile store.
    3. (C) Those grocery stores, convenience stores, or general mercantile stores that hold an off-premises retail beer permit, but within the same building have separate kitchen facilities to prepare food on premises and a designated and physically defined seating area, may qualify to hold an on-premises retail beer permit or wine restaurant on-premises permit in said area.
    4. (D) Further, in those outlets where the permitted area dedicated to retail space contains off-premises food or merchandise sales and on-premises consumption food sales prepared from kitchen facilities on the premises, and the seating for the on-premises food consumption is in space occupying more than fifty percent (50%) of such total retail space, then the outlet, for purposes of this section, shall not be considered to be a grocery store, convenience store, or general mercantile store;

12. (12)

    1. (A) No permit to be issued for certain premises.
    2. (B) No new on-premises alcoholic beverage retail permit or private club permit will be issued to any premises which does not have available for the use of patrons the minimum number of restrooms required by the Department of Health;

13. (13)

    1. (A) Permits not to be issued to outlets with personal living quarters.

    2. (B)

       1. (i) No alcoholic beverage retail permit or private club permit will be issued nor will any such permit be transferred to any building which contains personal living quarters adjacent to the proposed area to be permitted which are accessible from the area to be permitted.

       2. (ii)

          1. (a) (a) Provided, that the director or Alcoholic Beverage Control Board may authorize an exception to this section for bona fide bed and breakfast inns, and motels and hotels that hold a permit in a designated restaurant area.
          2. (b) (b) “Bona fide” shall be determined from such evidence as may be presented for consideration by the director or Alcoholic Beverage Control Board;
14. (14) Permitted outlets to have at least one telephone. No new alcoholic beverage permit will be issued by the Alcoholic Beverage Control Division for any premises that does not have at least one (1) telephone on the permitted premises;
15. (15) Sale of Beer or Small Farm Wine Through Drive Up Windows Prohibited at Off Premises Retail Beer and Small Farm Wine Premises [repealed]; and

16. (16)

    1. (A) Posting of pregnancy warning. All permits shall post, in a conspicuous place at the permitted premises, a printed sign measuring eight-and-one-half by eleven inches (8 1/2” x 11”), the following warning “Warning: Drinking alcoholic beverages during pregnancy may cause birth defects”.
    2. (B) The warning shall be printed in English and Spanish.

Codification Notes: Subdivision (2) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 9-20-17)" Subdivision (4) 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 (6)(B)(iii) contained the following: "Repealed 9-16-15" Prior to codification into the Code of Arkansas Rules, subdivision (7) contained the following: "Repealed 8-15-01" Prior to codification into the Code of Arkansas Rules, subdivision (8) contained the following: "Repealed 8-15-07" Prior to codification into the Code of Arkansas Rules, subdivision (9) contained the following: "Repealed 8-21-13" Subdivision (10) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 12-23-86)" Subdivision (11) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-18-99)" Subdivision (12) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-18-99)" Subdivision (13) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-21-13)" Subdivision (14) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-18-99)" Prior to codification into the Code of Arkansas Rules, subdivision (15) contained the following: "(Repealed 2-25-22)"