(a) Any person applying for any permit issued by the Alcoholic Beverage Control Division, except as provided in subsection (b) or (c) of this section, shall meet the following requirements:
(1) No applicant shall have been found guilty of or pleaded guilty or nolo contendere to:
(A) Any felony by any court in the State of Arkansas; or
(B) Any similar offense by a court in another state or of any similar offense by a military or federal court;
(2)
(A) In order to determine the applicant's suitability for a permit, the applicant shall be fingerprinted, and the fingerprints shall be forwarded for a criminal background check through the Department of Arkansas State Police.
(B) After the completion of the criminal background check through the department, the fingerprints shall be forwarded by the department to the Federal Bureau of Investigation for a national criminal history record check; and
(3) The applicant shall sign a release that allows the department to release:
(A) An Arkansas noncriminal justice background check to the Alcoholic Beverage Control Board; and
(B) A fingerprint card of the applicant to the Federal Bureau of Investigation to allow a federal fingerprint-based background check to be performed.
(b) No fingerprint submission or criminal background check shall be required for any person applying for a nonresident seller's permit or for a wholesale support center permit as authorized by the Nonresident Beer Seller's Permit Act of 1995, § 3-5-1301 et seq.
(c) No fingerprint submission shall be required for any person applying for any permit that has a stated duration of five (5) days or less.
(d) This section is supplementary to any and all requirements that exist for various permits issued by the division, and all other individual permit requirements shall continue to apply to those respective permit applications.
(e) The division may adopt rules to implement the provisions of this section.
Structure Arkansas Code