§ 3-2-205 - Powers and duties. - Arkansas Statutes

3-2-205. Powers and duties.

(a) The Alcoholic Beverage Control Division and the Alcoholic Beverage Control Enforcement Division shall have full responsibility for all phases of alcoholic beverage control in Arkansas.

(b) The Alcoholic Beverage Control Division shall have the following powers, functions, and duties:

(1) To fix by rule the standards of manufacturing, rectifying, and blending in order to ensure the use of proper ingredients and methods in the manufacturing, rectifying, and blending of vinous, spirituous, or malt liquors to be sold in the state;

(2) To adopt rules and regulations for the supervision and control of the manufacture and sale of vinous (except wines), spirituous, or malt liquors throughout the state not inconsistent with law;

(3) To prescribe forms of applications for permits under this act and of all periodic reports deemed necessary to be made by any permittee;

(4) To fix the hours during which vinous, spirituous, or malt liquors may be sold or dispensed at retail, as provided by this act;

(5) To keep records in proper form to be prescribed by the Director of the Alcoholic Beverage Control Division and the Director of the Department of Finance and Administration of all permits issued and all permits revoked under the provisions of this act and to keep records in such form so as to provide ready information as to the identity of all permits, including the names of stockholders and directors of corporations holding permits, and also the location of all permitted premises; and

(6) To adopt rules and regulations for the supervision and control of nonresident beer sellers' permits.

(c) The Director of the Alcoholic Beverage Control Division shall have the following powers, functions, and duties:

(1) To receive applications for and to issue, refuse, suspend, and revoke licenses to manufacturers, processors, distributors, wholesalers, retailers, and transporters of alcoholic beverages;

(2) To call upon other administrative departments of the state, county, and city governments, sheriffs, city police departments, city marshals, and peace officers for such information and assistance as the Director of the Alcoholic Beverage Control Division may deem necessary in the performance of the duties imposed upon him by this subchapter;

(3) To inspect or cause to be inspected any premises where alcoholic beverages are manufactured, distributed, or sold;

(4) In the conduct of any hearing:

(A) To examine or cause to be examined under oath any person, and examine or cause to be examined books and records of any licensee;

(B) To hear testimony and to take proof material for his or her information and the discharge of his duties hereunder;

(C) To administer or cause to be administered oaths; and

(D) For any such purposes, to issue subpoenas to require the attendance of witnesses and the production of books. These subpoenas shall be effective in any part of this state. Any circuit court, either in term time or vacation, by order duly entered may require the attendance of witnesses or the production of relevant books subpoenaed by the Director of the Alcoholic Beverage Control Division, and the court may compel obedience to its order by proceedings for contempt;

(5) Such other powers, functions, and duties as are or may be imposed or conferred upon him or her by law; and

(6) Any other powers, functions, and duties pertaining to the control of alcoholic beverages which previously were granted to the Director of the Department of Finance and Administration and which are not specifically delegated to the board by the provisions of this subchapter.

(d) The Director of the Alcoholic Beverage Control Enforcement Division shall have the following functions, powers, and duties:

(1) To call upon other administrative departments of the state, county, and city governments, sheriffs, city police departments, city marshals, and peace officers for such information and assistance as he or she may deem necessary in the performance of the duties imposed upon the Director of the Alcoholic Beverage Control Division by this subchapter;

(2) To inspect or cause to be inspected any premises where alcoholic beverages are manufactured, distributed, or sold;

(3) Such other powers, functions, and duties as are or may be imposed or conferred upon him or her by law; and

(4) Any other powers, functions, and duties pertaining to the control of alcoholic beverages which previously were granted to the Director of the Department of Finance and Administration and which are not specifically delegated to the Director of the Alcoholic Beverage Control Division or the board by the provisions of this subchapter.

(e) (1) The power and duty to collect taxes imposed on alcoholic beverages and to collect permit and license fees levied for the privilege of manufacturing, processing, selling, and transporting alcoholic beverages is specifically excepted from the powers and duties granted or assigned to the Alcoholic Beverage Control Division and the Alcoholic Beverage Control Enforcement Division. Provided, however, the permit or license holders' failure to pay taxes imposed on alcoholic beverages or any state or local gross receipts and compensating use taxes in a timely manner shall be grounds for the revocation or nonrenewal of their permits or licenses by the board.

(2) The collection of all such taxes and permit or license fees shall be by the Director of the Department of Finance and Administration and his or her agents and employees, as provided by law.

(3) The Director of the Department of Finance and Administration shall make a biennial report to the Governor and the General Assembly of his or her activities for the past year, which shall include statistics as to the amount of vinous (except wines), spirituous, or malt liquors manufactured in the State of Arkansas and the disposition thereof; the increase or decrease in their consumption over the preceding year; the amount of taxes and permit fees collected; and such other information as he or she deems advisable.

(4) The Director of the Department of Finance and Administration shall report by June 1 of each year to the Alcoholic Beverage Control Division and the board any and all permit and license holders who are more than ninety (90) days delinquent on any alcoholic beverage sales tax, excise tax, supplemental mixed drink tax, any other tax relating to the sale or dispensing of alcoholic beverages, or any state or local gross receipts or compensating use taxes.