§ 3-5-221 - Miscellaneous prohibited practices -- Penalties. - Arkansas Statutes

3-5-221. Miscellaneous prohibited practices -- Penalties.

(a) (1) Any person being either a retail dealer or who knowingly places in his or her stock, who brings upon his or her premises, who has in his or her possession, or who sells or offers for sale any beer or wine on which the tax provided by law has not been paid, in addition to the other fines, penalties, and forfeitures shall be subject to a penalty of twenty-five dollars ($25.00) for each package of untaxed liquor so held or offered for sale.

(2) The penalty shall be in the nature of liquidated damages and may be collected by civil action.

(b) It shall be unlawful for any brewer or distributor of light wines or beer to manufacture or knowingly bring upon his or her premises and keep thereon any beer or wine of an alcoholic content in excess of five percent (5%) by weight or any distilled spirits of any alcoholic content whatsoever.

(c) Any person who shall add to or mix with any beer or wine as defined in this subchapter any alcoholic or any other liquid, any alcohol cube or cubes, or any other ingredient or ingredients that will increase or tend to increase the alcoholic content or who shall knowingly offer any such liquor for sale shall be guilty of a violation and shall be fined in any sum not less than one hundred dollars ($100).

(d) (1) It shall be unlawful for a licensee or for any agent, servant, or employee of a licensee:

(A) (i) To suffer or permit any dice to be thrown for money or for anything of value or to suffer or permit gambling with cards, dominoes, raffle, or other games of chance or any form of gambling in the place designated by the license or in any booth, room, yard, garden, or other place appurtenant thereto.

(ii) Forms of gambling under subdivision (d)(1)(A)(i) of this section do not include:

(a) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, 23-114-101 et seq.; or

(b) A lottery under the Arkansas Scholarship Lottery Act, 23-115-101 et seq.;

(B) To suffer or permit the licensed premises to become disorderly;

(C) To sell, barter, furnish, or give away to any minor under twenty-one (21) years of age any wine or beer;

(D) To sell, barter, furnish, or possess in the place designated by the license or in any booth, yard, or garden any alcoholic liquors or beverages containing in excess of five percent (5%) of alcohol by weight or to permit any such acts to be done;

(E) To permit any immoral or lascivious conduct on the part of the patrons or others at or in the licensed premises or in any place appurtenant thereto; or

(F) To suffer or permit the use of any profane, violent, abusive, or vulgar language at or in such licensed premises or in any place appurtenant thereto.

(2) The acts and conduct of the agents, servants, and employees of a licensee in the conduct of the business shall be deemed the acts and conduct of the licensee.

(3) Any violation of the provisions of this subsection shall constitute a Class A misdemeanor, and each day the offense shall be continued shall constitute a separate offense.