SECTION
1.19(34)
Native Brewers License is a
permit to operate a small brewery or a microbrewery restaurant where malt
beverage products are manufactured in certain limited quantities as provided in
Act 1805 of 2003.
Section 1.20(16)
Any person applying for a Sunday Alcoholic Beverage Permit shall prove certain
gross sales figures by submitting a financial statement which has been reviewed
by a licensed accountant in accordance with standards established by the
American Institute of Certified Public Accountants. As used in Regulations that
apply to Sunday Alcoholic Beverage Permits, financial statement shall mean a
financial presentation that shows a statement of operations by product lines
that show gross sales for the following product lines:
(a) receipts for sleeping accommodations (if
applicable);
(b) food and food
items;
(c) non-alcoholic beverage
sales;
(d) alcoholic beverages
sales;
(e) in the case of excursion
boats, boat rental fees. Alcoholic beverage means all intoxicating liquor of
any sort.
The financial statement shall be reviewed and the accountant shall
render a review report in accordance with standards established by the American
Institute of Certified Public Accountants. It is not intended that an audit be
performed by the accountant, but a compiled financial statement cannot be
substituted for a reviewed financial statement. The accountant shall include an
additional paragraph in the accountant's review report which states that, based
on the accompanying reviewed financial statement, the applicant does or does
not have gross sales of sixty percent (60%) or more from items contained in
categories (a), (b), (c), and (e) when gross sales of all product lines as set
forth above are considered. Only twenty percent (20%) of receipts for sleeping
accommodations may be used in meeting this test. The financial statement shall
reflect the items as called for above, as well as other items required by
generally accepted accounting principles.
The review period shall be for the previous twelve (12) full calendar
months prior to the month of application or portion thereof that the applicant
has held an on premises retail beverage permit. The review period shall not be
less than three (3) full calendar months. Persons who have been a holder of an
on premises retail beverage permit for less than ninety (90) days and who are
without prior business experience shall not be required to comply with this
Regulation, but shall meet the requirements of Section 1.20(17) of these
Regulations in applying for a temporary permit. Applicants for this permit
shall post the premises and publish notice of the application as set forth in
Sections 1.23 and 1.26 of these Regulations, as well as any other requirements
that apply to permits issued by the ABC Division. In cases where one business
entity purchases another business entity which holds a mixed drink permit, the
purchaser may either "stand in the shoes" of the seller, and use such financial
data as would be furnished by the seller or may choose to operate as a new
business entity and provide the buyer's financial data to determine whether or
not the new business is qualified to apply for and hold a regular or temporary
Sunday Alcoholic Beverage Permit under these Regulations.
Section 1.23
Publication of Notice That Application Has Been Made For
Permit. After filing an application with the Director, the
applicant shall cause to be published at least once a week for two (2)
consecutive weeks in a legal newspaper of general circulation in the city in
which the premises is situated, or if the premises is not in a city, in a
newspaper of general circulation in the locality in which the business is to be
conducted, a notice that the applicant has applied for a permit to sell,
manufacture or dispense controlled beverages, as applicable. The notice shall
be verified and shall give the name of the applicant and the name and address
or location of the business, and shall state that the applicant is a resident
of Arkansas, that he has good moral character, that he has never been convicted
of a felony or had a permit revoked within the five (5) years preceding the
date of notice. Provided, that this requirement
shall not apply if the applicant holds a restaurant mixed drink permit and
subsequently makes application for a beer and/or wine permit only at the same
location.
Section 1.26
Notice of Application to be Posted at Premises.
Within five (5) days after filing an application for any permit issued by the
ABC Division at any premises, a notice of the application in a form approved by
the Director shall be posted in a conspicuous place at the front entrance to
the premises. The applicant shall notify the Director of the date such notice
was first posted. No application may be acted on and no permit issued to any
applicant until the application has been in the possession of the agency and
proper notice has been so posted on the premises for a period of at least
thirty (30) consecutive days. Provided, that this
requirement shall not apply to an applicant for a permit to conduct business at
a premises for which a valid permit of the same type is in existence at the
time of said applicant's application nor shall it apply if the applicant holds
a restaurant mixed drink permit and subsequently makes application for a beer
and/or wine permit only at the same location.
Section 1.33(15)
Drive Up
Windows Prohibited at Off Premises Retail Beer and Native Wine Permitted
Outlets - Exception. Drive up windows are prohibited at off
premises retail beer and native wine permitted outlets, except for such outlets
that also hold a retail liquor off premises permit.
Provided, that those off premises permitted
outlets with health department approved kitchen facilities that prepare food on
premises for off and/or on premises consumption may sell food products and
other convenience store items, except beer and native wine, through drive up
windows. Such permitted outlets must post a notice not less than three inches
by five inches (3" x 5"), clearly affixed to the drive up window and clearly
visible to patrons thereof, stating "NO ALCOHOLIC BEVERAGES SOLD THROUGH
THIS DRIVE UP WINDOW." The same notice must also be posted on the
interior of the permitted outlet so as to be clearly visible to employees
selling items, other than beer and native wine, through the drive up
window.
SECTION 1.33(2)
No Permit to be Issued for Certain Premises. No
permit shall be issued pursuant to any Alcoholic Beverage Control Law of the
State of Arkansas for the following premises:
...
(2)
Premises
Operated in Conjunction with Certain Other Businesses. No off
premises retail liquor permit shall be operated as part of the profit making
business of any billiard hall, pool room, drug, grocery, sporting goods, dry
goods, hardware, general mercantile store, or any other business unrelated to
such permit. However, the retail liquor store permittee may have tobacco
products, mixers, soft drinks, and other items customarily associated with the
retail package sale of the liquors;
Section 1.35
Applications
Granted Conditional-Time Limit Within Which to Meet
Conditions.Any conditions attached to the granting of a permit
by the Director or Board must be met by the applicant within twelve (12) months
of the final agency decision or the application will be cancelled by the
agency. In order to extend the twelve (12) month conditional period, written
approval must be obtained from the Director or Board before the expiration of
the twelve (12) month period.
SECTION
1.38.1
Permit Renewal; Penalty for Failure to Renew
on Time.
Exception for Personnel Called to Active
Duty in the Armed Forces of the United States Who Are Stationed Outside the
State. All permits issued by the ABC Division are
renewal on or before June 30th of each calendar for
the fiscal year beginning July 1st. Any person
renewing a permit after June 30th shall be required
to pay a late renewal penalty in the amount of one-half (½) of the
required yearly renewal fee for the permit for each sixty (60) days, or any
portion thereof, after June 30th wherein the renewal
is tendered, in addition to the amount of the yearly fee. Alcoholic Beverage
Control Division permits may be renewed late by paying the above stated penalty
beginning July 1st and ending October
28th of each fiscal year. No permit shall be renewed
by the Alcoholic Beverage Control Division for the current fiscal year after
October 28th.
For purposes of assessing the penalty, the renewal date shall be
considered to be the date of the postmark if mailed, or the date of receipt, if
hand delivered.
In accordance with Act 966 of 2003 any individual owner/operator
permittee of this agency who is a member of the National Guard of Arkansas or
any reserve component of the United States of America, who is ordered to active
duty to a duty station located outside of Arkansas shall be allowed an
extension for renewing an alcoholic beverage license issued by the Alcoholic
Beverage Control Division. As provided by law the extension shall be allowed
without penalty or assessment of a late fee if notification is given to the
Alcoholic Beverage Control Division on or before June
30th of any Calendar Year that said individual
owner/operator has been called to active duty as prescribed in Act 996 of
2003.
The extension shall not be granted where the person called to active
duty is merely a manager for a corporation which is the permittee of this
agency as other officers of the corporation may renew the permit in the absence
of the person called to active duty. Likewise, the extension shall not be
granted to any partnership or LLC where any partner or other member of the LLC
can renew on behalf of the business entity. In accordance with Act 996 of 2003,
the individual permittee of this agency that has been called to active duty
outside the state shall have a grace period of six (6) months to complete the
renewal process for his permit after release from active duty.
Section 1.60
Notice
Required by Director to Certain Persons Upon Application for
Permit. Upon receipt by the Director of an application for
permit, written notice thereof, which shall include a copy of the application,
shall be mailed by the Director to the Sheriff, Chief of Police, if located
within a city, and Prosecuting Attorney of the locality in which the premises
is situated, and to the Mayor and City Board of Directors or other governing
body of the city in which the premises is situated, if within an incorporated
area. No permit shall be issued by the Director until at least thirty (30) days
have passed from the mailing by the Director of the notices required by this
Regulation. Provided, that this requirement shall
not apply if the applicant holds a restaurant mixed drink permit and
subsequently makes application for a beer and/or wine permit only at the same
location.
Section 1.79(28)
Advertising, Selling or Dispensing Alcoholic Beverages on a Two
or More for the Price of One Basis. The permittee advertised,
sold, dispensed, or served any alcoholic beverages for on premises consumption
on the basis of two or more drinks for the price of one. Further, the permittee
advertised, sold, dispensed, or served alcoholic beverages without a limit to
any person on the basis of a flat fee or cover charge. Provided,
further, that distilled spirits may not be sold by the bottle
to patrons for self pouring at on premises consumption permitted
outlets.
SECTION 1.79(32)
Failure to Be a Good Neighbor. The policy of the
Arkansas General Assembly, per Act 695 of 1989, and the ABC Board, which is
empowered to adopt regulations thereunder, is that every holder of an ABC
license shall be held to a high duty of care and will operate their business
where beverages are sold or dispensed in a manner which is in the public
interest and which does not endanger the public health, welfare, or safety.
Failure to maintain this duty of care shall be a violation of the Act and shall
constitute grounds for the application of the full range of administrative
sanctions and penalties against the subject license.
Any inquiry made under the provisions of this Regulation or Act 695 of
1989 shall be whether or not the outlet, as operated, promotes the public
convenience and advantage or whether the continuation of the operation of the
outlet would promote the public interest and whether or not the outlet's
operation endangers the public health, welfare or safety in the area of a
community in which it is located. It is specifically provided that during any
hearing called under the provisions of this Regulation or the aforementioned
Act the permitted outlet may be viewed as if it were a new application and all
factors involved in the processing of the application may be re-determined as
if the application was being made for the first time.
As to all violations occurring inside the permitted premises, the
standard of proof shall be by substantial evidence. As to all violations
occurring outside the permitted premises, the standard of proof shall be by
clear and convincing evidence.
In addition to all factors which may be used on an initial application,
inquiry may be made upon the control, or lack thereof, that the permittee
exercises over parking lots and other areas adjacent to the permitted outlet
which are under the direct control of the permittee. In addition, the permittee
may be held accountable under this Section for excessive noise or loud music
from his outlet and which is of such volume and such degree as to constitute a
disturbance of the public peace.
Section
1.79(33)
Allowing Possession of Weapons on
Premises.That the permittee, or any employee of the permittee,
allowed, or knew, or reasonably should have known, that any person without a
possessory or proprietary interest in the permitted outlet was in possession of
a weapon on the permitted premises. As used in this Regulation, "weapon" means
any firearm that is designed, made, or adapted to be fired, or any knife or
club as defined by Ark. Code Ann. §
5-73-120. Any
weapon authorized to be in the permitted outlet pursuant to this Regulation
must be kept out of sight and inaccessible to patrons and others who have no
legal right to possess a weapon in the outlet. This Regulation excludes any law
enforcement officer, any duly authorized agent of the Alcoholic Beverage
Control Enforcement Division, and any licensed security guard, while acting in
the course and scope of their official duties.
Provided, that any person with a license issued
by the Director of the Arkansas State Police may carry a concealed handgun, as
such is defined in ACA §
5-73-301(2) and
(3), into a restaurant, as such as defined in
ACA §
5-73-306
1.(a)(12) and (13)(restaurants that have sixty percent (60%) or more of gross
sales derived from food and food related items).
Section 1.81
Suspension of
Permit When No Business Conducted for a Period of Thirty Days; Inactive Status
of Permits. In the event a permittee does not conduct business
under any permit issued for a period of thirty (30) days, the permit shall be
surrendered to the Director and shall be placed on inactive status. Inactive
status shall commence at the end of thirty (30) days after close of business,
regardless of whether the permit is surrendered to the Director. In any event,
for purposes of this Regulation, a business that has been closed for a period
of thirty (30) days shall be deemed to be on inactive status. The permit may
remain inactive for six (6) months or until the permittee notifies the Director
that he is ready to resume business, whichever is shorter, subject to the
permittee's petition to the Alcoholic Beverage Control Board for an extension
of inactive status provided for in this Regulation. "Ready to resume business"
includes the resumption of business at the permitted location or the filing of
an acceptable application with the agency to transfer the location of the
permitted business. If said application to transfer the location of the
permitted business is granted conditional, the conditions must be met within
twelve (12) months from the final agency decision granting the transfer
application or the application will be cancelled. In order to extend the twelve
(12) month conditional period, written approval must be obtained from the
Director or Board before the expiration of the twelve (12) month period. Upon
any such cancellation the inactive status of the permit will be calculated from
the time the final agency decision granting the transfer of location was
rendered. To secure the return of the permit, the permittee shall file with the
Director a written statement showing that all taxes and fees owing to the State
have been paid, the reason for the suspension of business activities and the
date business activity will resume.
The permittee may petition the Alcoholic Beverage Control Board for an
extension of inactive status for an additional six (6) month period. The Board
may grant an initial extension upon a showing by the permittee and a finding by
the Board that business circumstances exist to justify an extension, that the
delay to return to business was not due to mere deferral or inattention on the
part of the permittee, and that the inactive status should be extended. The
permittee may appeal to the Alcoholic Beverage Control Board for a second
extension of inactive status for an additional six (6) month period, but only
upon a showing by the permittee and a finding by the Board that emergency
circumstances exist to justify a final extension. Emergency circumstances are
those delays in return to business which are beyond the control, planning, or
foresight of the permittee, including, but not limited to, delays due to
natural disasters, pending court actions, building construction problems, and
contested insurance claims.
Any permit remaining on inactive status for a period of more than
eighteen (18) months or which has not been granted an extension under the
provision of this Regulation shall expire pursuant to written notice given to
permit holders by this agency or to the provisions of ACA §
3-4-201
as they apply.
Any permitted outlet which has been on inactive status in excess of
six (6) months shall be re-inspected by the ABC Enforcement Division to
determine if the outlet is in compliance with required health and safety
regulations before the permit(s) may be returned to active status. As part of
the re-inspection process, the ABC Enforcement Division shall give notice of
the request to return to active status to the law enforcement officer who has
primary jurisdiction over the site of the permitted outlet.
SECTION 2.5.2
"Arkansas Native Brewer"
means any small brewery or microbrewery
restaurant licensed under the provisions of Act 1805 of 2003. A small brewery
licensed under this law shall have the authority to manufacture and sell beer
and malt beverages not to exceed an aggregate quantity of 60,000 barrels per
year. The small brewery may sell to wholesalers or to the consumer at the
brewery facility. A microbrewery restaurant operator who operates under the
Arkansas Native Brewer license may manufacture beer and malt beverages in an
aggregate quantity not to exceed 5000 barrels per year. The microbrewery
restaurant may sell to wholesalers, to other retail dealers or to the consumer
at the microbrewery restaurant for consumption either on or off the premises.
Off premise sales are limited to those brand name products which are produced
at the licensed facility. Native Brewer licensees may sell their beer and malt
beverage products for off premises consumption during all legal operating hours
of the business in which the business is normally and legally conducted if the
Native Brewer provides tours and provides that only sealed containers are
removed from the premises.
SECTION
3.19(10)B
A Person Under Twenty-One (21);
Exceptions. Any person less than twenty-one (21) years of age
in the mixing, serving, selling or handling of controlled beverages.
Provided, that nothing in this Regulation shall
prohibit a minor eighteen (18) years of age or older to be employed as a
musician or entertainer or to be employed in the preparation or serving of food
or in the housekeeping department of any establishment licensed by this Agency;
and nothing in this Regulation shall prohibit a minor eighteen (18) years of
age or older, with the written consent of a parent or guardian, to be employed
in the sale of beer at retail grocery establishments, nor from being employed
by licensed liquor and beer wholesalers and by licensed native wineries to
handle alcoholic beverages at the place of business of the licensed wholesaler
or winery; and further, nothing in this Regulation shall prohibit a minor of
any age to be employed as an entertainer when the minor and his parent or
guardian perform together as part of the same show and the parent or guardian
remains with the minor in a supervisory capacity.
For purposes of this Regulation, retail grocery establishments shall
not include those establishments engaged in the sale of motor fuels which do
not maintain an inventory of human consumables (not including alcoholic
beverage products) in an amount in excess of fifty thousand dollars ($50,000).
The burden of providing this inventory requirement shall be on the
permittee.
In accordance with Act 1807 of 2003 any person or organization which
holds a public restaurant mixed drink permit as provided by ACA
3-9-202(8),
a public hotel mixed drink permit as authorized by ACA
3-9-202(9),
a restaurant wine permit as authorized by ACA
3-9-301 or a Sunday
beer and wine permit as authorized under ACA 3-9-501 may employ persons 19
years of age or older, who have the written consent of a parent or guardian, to
sell and handle alcoholic beverages at an establishment which holds one of the
above licenses. Provided, that persons 19 years
of age and older may not act as bartenders but they may otherwise open bottles
of wine and beer and serve the alcoholic beverages and take payment for the
same.
SECTION 5.14
"Private Club" means a non-profit corporation
organized and existing under the laws of the State of Arkansas, no part of the
net revenues of which shall inure directly or indirectly to the benefit of any
of its members or any other individual, except for the payment of bona fide
expenses of the club's operation, having not less than 100 members conducted
for some common recreational, social, patriotic, political, national,
benevolent, athletic, community hospitality, professional association,
entertainment, or other non-profit objective or purpose other than the
consumption of alcoholic beverages, owning or leasing a building or space
therein for the reasonable comfort and accommodation of its members and their
families and guests and restricting the use of the club facilities to such
persons, and which shall have been in existence for a period of not less than
one (1) year before application for permit. No organization holding a private
club permit shall market, sell, or otherwise furnish the name of its members,
or any other information pertaining to its members, to any other public or
private entity, except as is authorized in Arkansas Code Annotated
3-9-232(a).
Section 5.15
Information,
Statements and Documents to be Furnished by
Applicant.
...
(13) Private club mixed
drink permit not to be issued to any unqualified non-profit corporation.
Pursuant to the authority of Ark. Code. Ann.
3-9-205,
the definition of "Private Club" as stated in Ark. Code Ann.
3-9-202(10)
henceforth will be interpreted by the Alcoholic Beverage Control Division as
follows:
A. Non-profit corporation must have
been existence for a period of one (1) year upon the date of application for a
private club mixed drink permit, as evidenced by an Order of approval signed by
a State Circuit Court Judge and filing with the office of the Secretary of
State;
B. At the date of filing for
a private club permit, the non-profit corporation must have one hundred (100)
or more members. Copies of membership applications may be required to be
furnished with the application;
C.
Non-profit corporation must have a non-profit objective or purpose, as set out
by the Arkansas Code, other than the consumption of alcoholic
beverages;
D. Non-profit
corporation must have met regularly (at least once a month) for a period of one
(1) year preceding the date of application, as evidenced by minutes of such
meetings.
SECTION
5.45
Hotel-Motel Guest Authorized to Apply for
Membership of Private Clubs. In any case where a private club
is operating with facilities connected with or leased or rented from a hotel or
motel, any person registered as a guest of such hotel or motel may be admitted
as a member to such private club only after making the application prescribed
by these Regulations for any other applicant for private club
membership.
Section 5.47
Advertising the Availability of Alcoholic Beverages to the Public
by a Private Club in a Dry Area. Private clubs in any area of
the state where the sale of alcoholic beverages is prohibited by law ("dry"
area) are prohibited from using the advertising media, including any signs or
trade names on the exterior of the club building, to promote the consumption,
use or availability of alcoholic beverages within the club. The use of terms
that connote the availability of alcoholic beverages, such as "happy hour", ,
or any other term or brand name that generally identifies any brand or mixture
of alcoholic beverages, is included in this prohibition.
No licensed private club may use any term as part of its trade name
that identifies the club as an outlet for alcoholic beverages. The use of terms
such as "lounge", "saloon", tavern", "bar", "cantina", or any other term that
is generally associated with alcoholic beverage outlets, is prohibited.
No private club may advertise or use any part of the advertising media
to announce social functions of general interest to the membership,
entertainment, or other similar activities within the confines of the club
property, without preceding such advertisement or announcement with the words
"Notice to Members" or "Attention Members" prominently displayed, and the name
of the club sponsoring such social activities.
Section 5.49
Presence of Minors in Private
Clubs.
No minors may be allowed on the permitted premises of a private club
when alcoholic beverages are being served unless there is food service
available from health department approved kitchen facilities on such premises
where the food is prepared and being served.
SECTION 5.56
Application for
Membership Only Required When Distilled Spirits Drink or Beverage Made From
Distilled Spirits Product is Ordered - Any private club
permittee located within a wet area, under the terms of Act 1371 of 1999, as
applies to the dispensing or consumption of alcoholic beverages, shall require
a person to become a member of the private club only when that person orders a
distilled spirits drink or a beverage made from distilled spirits products. No
membership application is required. No "guest" status (for the purpose of
ordering a distilled spirits drink), as provided for private clubs in dry
areas, is allowed. Provided, private clubs may
elect, upon written notice to this agency, to operate the private club in
accordance with the regulations promulgated by this agency prior to the passage
of Act 1371 of 1999.
Section 5.60
Advertising Availability of Alcoholic Beverages to the Public by
a Private Club in a Wet Area. Private clubs in any wet area of
the state are prohibited from using the advertising media to promote the
consumption, use or availability of distilled spirits within the club. The use
of terms which connote the availability of distilled spirits drinks, such as
"Margarita Special", "Martinis", or any other term or brand name that generally
identifies any brand or mixture of distilled spirits, is included in this
prohibition. However, if an organization located in a wet area holding a
private club permit also holds a retail beer and/or retail level wine permit,
then said private club organization may advertise the availability of beer
and/or wine ( ) for consumption on the private club premises . Further, the
visual observation of the dispensing, service, or consumption of alcoholic
beverages or alcoholic beverage signage within a private club located in a wet
area does not constitute a violation of this section.
SECTION 5.65
Payment for the Sale or Dispensing of Alcoholic
Beverages in Private Clubs in Wet Areas Operating Pursuant to Act 1371 of
1999.
Payment for alcoholic beverages sold or dispensed in a private club in
a wet territory operating under the provisions of Act 1371 of 1999 shall be as
is provided for in ABC Reg. 3.19(5). In addition, those private clubs that are
located in any area of the state where the sale of alcoholic beverages is
allowed by law ("wet" area) that assess minimum monthly dues of fifty dollars
($50.00) may assess such members for the cost of controlled beverages at the
time of dispensing of the alcoholic beverages and then bill that member only on
a subsequent date by mail.
SECTION
6.7
Arkansas Native Brewers Authorized
to Distribute Samples of Alcoholic Beverages in Any Wet Territory of the
State. An Arkansas Native Brewery, as defined in
Act 1805 of 2003, is authorized to seek permission from the Alcoholic Beverage
Control Division for permission to conduct a beer tasting event for educational
and promotional purposes in any wet area of the state.
Application for permission to distribute beer samples must be received
by the ABC Division at least three (3) weeks prior to the event. Written notice
of the application shall be mailed by the ABC Division to the law enforcement
officer who has primary jurisdiction over the site where the event will be
held. If the Director finds that circumstances exist which precluded the timely
filing of the application with the ABC Division, written approval of the event
by the law enforcement officer having primary jurisdiction over the site of the
event must accompany any such late filed application received by the ABC
Division.
The request must be submitted with authorization from the land owner or
the party exercising legal control over the area where the event will be held.
The application for permission must describe the area where the event will be
held including the size and dimensions of the area and the request must clearly
describe the character of the location. Beer tasting events conducted by
Arkansas native brewers licensees may be held in any facility in any wet area
of the state licensed by the Alcoholic Beverage Control Division if written
notice is given to the Alcoholic Beverage Control Division as previously
described.
The criminal penalties for drinking in public as prohibited by ACA
5-71-212
are not applicable to any beer and malt beverage tasting event approved by the
Alcoholic Beverage Control Division under Act 1805 of 2003.
As used in this regulation beer or malt means any malt beverage product
manufactured by an Arkansas native brewer licensee. Samples may be distributed
on Monday through Friday between the hours of 7:00 a.m. and 1:00 a.m. the next
day. On Saturday samples may be distributed only between the hours of 7:00 a.m.
and 12:00 midnight. No sampling activity may take place on a Sunday unless the
event is taking place in an area which is voted for the sale of liquor by the
drink on a Sunday and, in such event, samples may be distributed between the
hours of 12 noon and 10:00 p.m. or such lesser period of time as may be
provided by local ordinance for the retail sale of alcoholic beverages on a
Sunday.
Any action by the Director in granting or denying such application is
appealable to the ABC Board pursuant to Section 1.51 of these regulations,
provided that such action on the part of the Director shall be effective
immediately without the requirement of such action being ratified by the ABC
Board at the next Board meeting.
