(5) That the applicant, if the application is
by an individual; each partner, if the application is by a partnership; or the
managing agent, if the application is by a partnership, corporation or an
association, possesses the following qualifications:
A. Is a person of good moral character, a
citizen or permanent resident alien of the United States, and such person must
be a resident of the county in which the permit will be operated, or reside
within thirty-five (35) miles of the address of the premises described in the
application; (Amended 7-19-95 )
B.
Shall be a resident of the State of Arkansas on the date of the application and
maintain such residency within the State as a continuing qualification to hold
a permit issued by this agency.
Provided, that
any hotel or restaurant, as defined in Sections 4.4 and 4.6 of these
Regulations, which is owned by a partnership, whether regular or limited, may
have a permit issued to a non-partner manager or operator provided that he
meets the other qualifications required by this section and the failure of one
(1) or more partners to be residents of this state shall not be grounds for
denial of the permit; (Adopted 8-20-97 )
Provided further, the residency
requirement pursuant to Section 1.20(5)A. and B. does not apply to a managing
agent of a partnership, corporation, or an association that is an applicant
if:
(i) the applicant currently holds
at least two (2) retail beer permits issued by the Alcoholic Beverage Control
Division for the sale of alcoholic beverages; and
(ii) the applicant designates with the
division a representative who resides within the county of the premises or
within thirty-five (35) miles of the address of the premises described in the
application.
If a retailer chooses to exercise the exemption to the residency
requirements pursuant to Section 1.20(5)A. and B., the retailer, after the
issuance of the second permit issued to the permitted retailer by the division
may:
(i) change the managing agent of
each of its permits by completing a form provided by the agency. The managing
agent shall be a person of good moral character and a citizen or resident alien
of the United States, but shall not be required to meet the other residency
requirements of Section 1.20(5) A. and B.;
(ii) designate a representative for each permitted premises who
resides within the county of the premises or within thirty-five (35) miles of
the address of the premises stated on the permit.
C. Has never been convicted of a felony, or
had a license to sell alcoholic beverages revoked within five (5) years
preceding the date of application, whether issued by this state or any other
state, and that he or she has not been convicted of violating any laws of this
state, or any other state, governing the sale, possession, manufacture, or
transportation of alcoholic beverages within five (5) years preceding the date
of application; (Amended 8-21-13 )
