§ 3-5-1309 - Investigation of permittees. - Arkansas Statutes

3-5-1309. Investigation of permittees.

(a) If a representative of the Alcoholic Beverage Control Division or the Revenue Division of the Department of Finance and Administration wishes to examine the book accounts, records, minutes, letters, memoranda, documents, checks, telegrams, constitution and bylaws, or other records of a nonresident seller's permittee or wholesaler support center permittee, he or she shall make a written request to the permittee or his duly authorized manager or representative or, if the permittee is a corporation, to any officer of the corporation.

(b) When a request for an examination is made, the person to whom it is directed shall immediately allow the representative to conduct the examination.

(c) The representative may investigate the organization, conduct, and management of any nonresident seller's permittee or wholesaler support center permittee and may make copies of any records which in the judgment of the representative may show or tend to show that the permittee has violated the law, a regulation, or the terms of his or her permit.

(d) A representative may not make public any information obtained under this section except to a law enforcement officer of this state or in connection with an administrative or judicial proceeding in which the state or the Alcoholic Beverage Control Division is a party concerning the cancellation or suspension of a nonresident seller's permit or wholesaler support center permit, the collection of taxes due under state law, or the violation of state law.

(e) The Alcoholic Beverage Control Division may revoke or suspend a nonresident seller's permit or wholesaler support center permit in accordance with this title if the permittee or his authorized representative fails or refuses to permit an examination authorized by this section or to permit the making of copies of any documents as provided by this section, without regard to whether the document is inside or outside the state, or if the permittee or his or her authorized representative fails or refuses to answer a question of an officer incident to an examination or investigation in progress.