Frequently Asked Questions Alcohol Beverage Control (ABC) Administration Permit Guidelines

Transcription

1 Frequently Asked Questions Alcohol Beverage Control (ABC) Administration Permit Guidelines The following are very basic frequently asked questions and answers regarding alcohol permits. Each type of permit is specific and has various requirements. You are encouraged to review all ABC Rules and Regulations regarding the type of permit of interest to you and consult with an attorney or the ABC Administration regarding any questions. This information is not meant to be complete or exhaustive but to provide basic information only. General Information: Q: How do I contact the Alcohol Beverage Control (ABC)? Alcoholic Beverage Control Administration 1515 Building 1515 W 7th St, Ste 503 Little Rock, AR Phone: (501) Fax: (501) Alcoholic Beverage Control Enforcement P.O. Box 2259 Little Rock, AR Phone: (501) Fax: (501) Q: What is the Alcohol Beverage Control (ABC) website? Q: Am I required to take a class to obtain a permit? Yes, applicants are required to attend an ABC Educational Seminar on rules and regulations that apply to the permit for which they've applied. They must complete this seminar before a decision can be made on their application. Q: When and where are the ABC Educational Seminars? Seminars are held in the fifth floor conference room of the 1515 Building (1515 W. 7th St.) in Little Rock, Ark. There are a limited number of parking spaces available for your use to the west of the 1515 Building, and further west along the north side of 7th Street. Parking is very limited when the Legislature is in session. Classes last approximately four hours, not including recesses and a one-hour lunch break. No reservations are taken for these classes. To determine when educational classes are available, contact the ABC office at (501) or visit the calendar of events listed on the ABC s website Q: Where do I obtain an alcohol permit application? Contact the ABC Administration to obtain an application for any ABC permit. 1

2 Q: How can I get a copy of the ABC Rules and Regulations? The ABC Rules and Regulations can be viewed online, at Books can be purchased for $10 at the ABC Administration offices. Submit your written request along with a check, cashier s check or money order to the following address: ABC Administration 1515 West 7th Street Suite 503 Little Rock, AR Q: When are the ABC Board permit hearing dates? The ABC Board meets on the third Wednesday of each month. To determine when hearing dates are held, contact the ABC office at (501) or visit the calendar of events listed on the ABC s website Q: What are the application requirements for an ABC permit? There are numerous requirements and each type of permit has different requirements (please consult the Rules & Regulations), but the basics are: Must fully complete and submit an application The permit must contain a specific location The person requesting the permit must pass a background check The person requesting the permit must attend an alcohol education class The person requesting the permit must live within 35 miles of the permit location The location must post a notification (The notification will be provided to you by the ABC) for the public for 30 days and the applicant will have to run an ad in a local paper for two consecutive weeks stating they have applied for a permit. Then the application will go in front of the ABC Board at the next meeting. Q: If I own multiple locations, how many permits do I need? Each location must have its own permit. A person or entity is only allowed one liquor store permit within the state of Arkansas. There are no limits on the other types of permits a person or entity can hold. Q: Can I transfer my alcohol permit to another person or location? Yes, but many restrictions apply depending on the type of permit you hold and the location of the permit. You should consult the ABC s Rules & Regulations, an attorney or the ABC Administration regarding the process, qualifications and restrictions. Q: What do we do, as a county or city, to get mixed drinks/spirits treated the same way beer and wine is now being treated? At this time, the only way is to have a vote of the people for liquor-by-the-drink. Benton County as a whole (if you want it to apply to the whole county) must have another vote regarding selling liquor-by-the-drink; or individual cities can have this same vote of the people to apply in their city only. The process/procedure/requirements are the same or similar as the wet/dry vote. 2

3 Q: Are the ABC Rules & Regulations the only laws that permit holders have to follow? No, all permit holders must comply with their local/city rules, regulations and ordinances, as well as the ABC s rules and regulations. Q: At what age can you serve alcohol? Sell alcohol? Bartend? A person must be at least 21 years old to bartend. A person must be at least 19 years old to serve alcohol, and if younger than 21 they must have a signed permission slip from a parent or guardian. A person must be at least 21 years old to work in a liquor store or convenience store that sells alcohol. There is a limited exception for grocery stores, which allows sales by employees 18 years old, but you should consult the ABC rules and regulations to see if your grocery store qualifies. Q: Can a convicted felon hold an alcohol permit or work in a permitted location? A convicted felon cannot hold an alcohol permit. A person convicted of a violent felony cannot work in a place that sells alcohol. A person convicted of a nonviolent felony is allowed to sell alcohol. Q: Does a person have to be certified to sale, serve or dispense alcohol to the public? Currently, there are no regulations that require those involved with the sale or service of alcohol to be certified. However, there is a certification class that is offered by the ABC that is very beneficial to those in this field and it helps owners of permitted facilities avoid their first penalty violation. In the future, certification may become mandatory. Q: Can my town/city, that is located in Benton County, do something to become dry again? A city or town can have an election and take a vote to become dry. However, no such election can take place until two years after the election to become a wet county. Grocery & Convenience Store Permits: Q: What type of permit is applicable to Grocery & Convenience Stores? Retail Beer Permits or Retail Beer & Farm Wine Permits Q: How many retail beer and retail beer & farm wine permits, Grocery & Convenience Store Permits, will be issued in Benton County? An unlimited number of retail beer and retail beer & wine permits can be issued in Benton County. Q: Do Convenience Store or Grocery Store permits have church/school restrictions? No, there are no location requirements or restrictions regarding churches and schools for these types of permits. 3

4 Liquor Store Permits: Q: How many liquor store permits will be issued in Benton County? Permits are issued based on county population. Therefore, 55 permits will be issued for all of Benton County. Q: How will the ABC determine who receives a permit and who does not? All verified/qualified applications will be placed into a lottery drawing and the 55 applications drawn will receive a permit. No more permits will be given unless a future census indicates an increase in population within Benton County, which allows for additional permits. Q: How much does it cost to apply for a liquor store permit? If my application is not chosen as one off the 55 to receive a permit, is the application fee returned? The application fee is $2,000. If you do not receive a permit, $1,000 of the application fee will be returned to you. Q: When can I obtain an application? Applications are available at anytime. Contact the ABC Administration office to obtain an application. Q: When will the ABC begin to accept completed applications for liquor stores in Benton County? That date has not been determined yet, but most likely will occur in January or February The ABC will publish notification of the acceptance dates. The acceptance period will probably be limited to two months. Q: Do Liquor Store permits have church/school restrictions? Yes, the ABC will not permit a liquor store that is within 1,000 feet of a private/public school or active church. The 1,000 feet is determined by a straight line measurement from building to building. (Preschools and daycares are not considered schools for this purpose). Q: I already hold a liquor store permit in another Arkansas county, can I also obtain one in Benton County? No, a person or entity is only allowed to hold one liquor store permit within the state of Arkansas. Q: Can someone put in more than one liquor store application (same permittee/same location)? No, an individual cannot have more than one application pending at a time. Q: Can several different people put in an application for the same location? No, one application is allowed per location. Q: Can a husband and a wife apply for a permit for different locations? Yes, a husband and a wife can apply for a permit, as long as it is for a different location. 4

5 Q: Can a husband and a wife apply for a permit for the same location? No, one application is allowed per location. Q: Can a husband and a wife be issued a permit in Arkansas (different locations)? Yes, a husband and a wife can each hold a liquor store permit within the state of Arkansas, but they must be for different locations. Q: Once submitted, can a liquor store permit be corrected or amended? Even if it is done before the application deadline has expired? The permit cannot change location. However, if an application is submitted and worked by an ABC agent and it is determined that it fails to meet the requirements, the applicant can summit another application for a different location as long as the deadline for receiving applications has not expired. This is the only way that someone might be able to submit at a different location. The bottom line is one person can only have one application submitted for the lottery drawing. Q: Does the applicant have to own or currently lease the proposed site? Yes, the applicant must own or lease the proposed property or building. Private Club Permits: Q: I currently hold an on-premise private club permit. What do I do now that Benton County has voted to become a wet county? You don t have to do anything. You are free to continue to operate as you have been. Q: Now that Benton County is wet, can a private club permit holder purchase alcohol from a wholesaler? No. In order to purchase alcohol from a wholesaler, you must apply for and obtain a Retail Beer On-Premises, Café On-Premise Wine or Beer/Wine On-Premise Combo permit. Once one of these permits is obtained to purchase wholesale, a private club permit holder is no longer allowed to purchase beer/wine at retail. A permit cannot be obtained to purchase spirits or hard alcohol for mixed drinks at wholesale in Benton County at this time. A private club permit holder must maintain their private club permit for the sale of mixed drinks/spirits. Q: Now that Benton County is wet, can I advertise that I sell alcohol? No. The only way you can advertise the sale of alcohol in Benton County is by holding a beer or beer/wine permit. A private club permit does not provide for advertising. There is no permit that allows for the advertisement of spirits or mixed drinks in Benton County at this time. Q: If I only want to sell beer and wine in my restaurant, what type of permit do I need? If you do not want to provide spirits or mixed drinks then you only need to apply for and obtain a Retail Beer On-Premises, Café On-Premise Wine or Beer/Wine On-Premise Combo permit. This permit will allow for you to purchase at wholesale and allow you to advertise that you provide beer/wine for sale at your restaurant. 5

6 Q: Can a private club permit holder purchase alcohol at a Benton County convenience store that sells alcohol? NO, private club permit holders must purchase from a liquor store that holds a federal wholesale permit. Q: Now that Benton County is wet, can private club permit holders remove covered patios and view barriers? Yes, private club permit holders in Benton County can remove their covered patios and view barriers but they must keep a parameter barrier in place that clearly indicates where the permitted area stops (no alcohol beyond this point). Q: Do private club permit holders have to maintain a sign-in book? Yes, patrons that only drink beer and wine do not have to sign-in, but patrons that drink mixed drinks/spirits still have to sign-in and be a part of your private club to purchase alcohol. Q: Now that Benton County is wet, can a private club permit holder sell beer and wine outside of its permitted area? No. A permit holder cannot sell alcohol, of any kind, outside of the (foot-printed) permitted area. All alcohol must remain inside the permitted boundary/area. If patrons purchase a bottle of wine along with a meal and do not finish it, the restaurant can charge a re-corking fee and allow them to take the wine with them, but this is a very limited exception. Q: Can patrons bring their own alcohol into my permitted private club/restaurant? No, patrons should buy the alcohol from the restaurant, not bring in their own alcohol. Q: Now that Benton County is wet, can I openly drink alcohol at the pavilions, golf courses and parks? No, although that does not violate any ABC rules or regulations, as it does not pertain to permitted areas; it is considered drinking in public and typically violates criminal laws and city ordinances. Q: As a member of the Bella Vista Village Property Owners Association, can I bring alcohol into nonpermitted POA facilities and buildings? No. Although that does not violate any ABC rule or regulation, as it does not pertain to permitted areas; it is considered drinking in public and violates city and state law. 6