§ 6-21. Acts resulting in revocation or suspension of city-controlled beverage license.

(a)

The prohibited acts identified in section 6-6 of this chapter and reasons for suspension or revocation of a permit identified in section 6-19 notwithstanding, the following acts on the part of any permittee or their employees are violations which may result in the suspension of the permittee's city-controlled beverage permit for a period up to 30 days:

(1)

Sale of controlled beverages when the permit is not posted;

(2)

Failure to maintain health, safety, and sanitary standards;

(3)

Consuming, or under the influence of, a controlled beverage while on duty;

(4)

Failure to surrender a permit when the business has been voluntarily inoperative for over 30 days;

(5)

Use of an unlabeled dispensing faucet;

(6)

Allowing prostitutes to frequent the premises;

(7)

Allowing immoral conduct on the premises;

(8)

Negligently selling to users of narcotics;

(9)

Delivery of controlled beverages by a retailer away from his or her permitted premises;

(10)

Sale of controlled beverages in a container or of a size other than approved by the Arkansas Beverage Control Division for such use;

(11)

Misrepresentation of a brand, or keeping beverages in an unauthorized container, or refilling, diluting, or failing to destroy empty bottles;

(12)

Failure to maintain membership books or properly maintain guest books by a private club;

(13)

Allowing an unauthorized guest in a private club;

(14)

Dispensing to nonmembers or non-guests by a private club;

(15)

Unauthorized purchasing by a private club from other than a retailer;

(16)

Failure to maintain financial records;

(b)

The prohibited acts identified in section 6-6 of this chapter and reasons for suspension or revocation of a permit identified in section 6-19 notwithstanding, the following acts on the part of any permittee or their employees are violations which may result in the suspension of the permittee's city-controlled beverage permit for a period up to 90 days:

(1)

Defacing, destroying, or altering a permit;

(2)

Manufacturing, selling, offering, dispensing, or giving away, possessing, or transporting controlled beverages upon which tax is not paid;

(3)

Failure to maintain proper records by a manufacturer;

(4)

Selling to any person the permittee knows or has reasonable cause to believe is acquiring the controlled beverages for the purpose of illegal sale or other prohibited disposition (bootlegging);

(5)

Accepting food stamps in payment for controlled beverages;

(6)

Sale of controlled beverages by vending machine.

(c)

The prohibited acts identified in section 6-6 of this chapter and reasons for suspension or revocation of a permit identified in section 6-19 notwithstanding, the following acts on the part of any permittee or their employees are violations which may result in the suspension of the permittee's city-controlled beverage permit for a period up to 120 days:

(1)

Failure to furnish access to premises by any law enforcement officer or any authorized alcoholic beverage control division personnel or failure to cooperate or take reasonable action to assist any such law enforcement officers or authorized division personnel who are on the permitted premises in the performance of their duties;

(2)

Failure to allow inspection of books or records;

(3)

Posting permit on unauthorized premises;

(4)

Manufacture or possession of controlled beverage with excess alcoholic content;

(5)

The permittee possessed or knew or reasonably should have known that any agent or employee or patron of the establishment possessed, used, sold or produced on the permitted premises any illegal drug or narcotic or controlled substance or that any agent or employee while acting on the permittee's behalf knowingly allowed the possession, use, sale or production on the permitted premises of any illegal drug or narcotic or controlled substance;

(6)

Selling or allowing the consumption of alcoholic beverages on the permitted premises when the permit is suspended or on inactive status;

(7)

Selling to minors;

(8)

Unauthorized employment of a minor;

(9)

Disorderly conduct or a breach of the peace by a patron or employee on the permitted premises. Disorderly conduct includes without limitation a fight, brawl, or disturbance that results in bodily injury to a person on the permitted premises;

(10)

Selling to an intoxicated person;

(11)

Unauthorized manufacturing, selling, offering, dispensing, or giving away of controlled beverages;

(12)

Conducting or permitting gambling on premises, not including bingo and raffles allowed in A.C.A. § 23-114-101 Charitable Bingo and Raffles Enabling Act, or a lottery allowed in A.C.A. § 23-115-101 Arkansas Scholarship Lottery Act;

(13)

Violation of legal closing hours;

(14)

Possession of a weapon on the permitted premises by a person without a possessory or proprietary interest in the permitted premises, unless otherwise authorized by law.

(Ord. No. 16-01, § 9, 2-2-2016)