| 3 | 2 | | *CRH237* 04-04-2023 15:43:42 CRH237 |
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| 4 | 3 | | |
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| 5 | 4 | | State of Arkansas As Engrossed: S3/30/23 S4/4/23 1 |
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| 6 | 5 | | 94th General Assembly A Bill 2 |
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| 7 | 6 | | Regular Session, 2023 SENATE BILL 523 3 |
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| 8 | 7 | | 4 |
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| 9 | 8 | | By: Senator C. Tucker 5 |
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| 10 | 9 | | By: Representative A. Collins 6 |
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| 11 | 10 | | 7 |
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| 12 | 11 | | For An Act To Be Entitled 8 |
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| 13 | 12 | | AN ACT TO AMEND THE LAW CONCERNING ALCOH OLIC 9 |
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| 14 | 13 | | BEVERAGES; TO AMEND THE LAW CONCERNING T HE EXPANSION 10 |
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| 15 | 14 | | OF OUTDOOR DINING AT RESTAURANTS TO INCLU DE BARS; AND 11 |
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| 16 | 15 | | FOR OTHER PURPOSES. 12 |
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| 17 | 16 | | 13 |
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| 18 | 17 | | 14 |
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| 19 | 18 | | Subtitle 15 |
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| 20 | 19 | | TO AMEND THE LAW CONCERNING ALCOHOLIC 16 |
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| 21 | 20 | | BEVERAGES; AND TO AMEND THE LAW 17 |
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| 22 | 21 | | CONCERNING THE EXPANSION OF OUTDOOR 18 |
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| 23 | 22 | | DINING AT RESTAURANTS TO INCLUDE BARS. 19 |
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| 24 | 23 | | 20 |
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| 25 | 24 | | 21 |
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| 26 | 25 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22 |
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| 27 | 26 | | 23 |
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| 28 | 27 | | SECTION 1. Arkansas Code ยง 3 -4-109 is amended to read as follows: 24 |
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| 29 | 28 | | 3-4-109. Expansion of outdoor dining at restaurants and bars. 25 |
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| 30 | 29 | | (a)(1) Except as provided in subsection (b) of this section, a 26 |
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| 31 | 30 | | restaurant or bar with a valid alcoholic beverage permit from the Alcoholic 27 |
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| 32 | 31 | | Beverage Control Divisio n may expand its outdoor dining availability at the 28 |
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| 33 | 32 | | restaurant or bar with approval from the local government zoning authority of 29 |
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| 34 | 33 | | the municipality or county in which it is located without obtaining prior 30 |
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| 35 | 34 | | approval from the division. 31 |
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| 36 | 35 | | (2) A restaurant or bar seeking approval to expand outdoor 32 |
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| 37 | 36 | | dining under subdivision (a)(1) of this section shall provide notice to the 33 |
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| 38 | 37 | | division of the expansion and change in floor plan. 34 |
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| 39 | 38 | | (b) If the expansion in outdoor dining increases the seating capacity 35 |
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| 40 | 39 | | in a way that could result in a change in permit type, the restaurant or bar 36 As Engrossed: S3/30/23 S4/4/23 SB523 |
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| 41 | 40 | | |
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| 42 | 41 | | 2 04-04-2023 15:43:42 CRH237 |
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| 44 | 43 | | |
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| 45 | 44 | | shall obtain division approval prior to expanding the outdoor dining area at 1 |
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| 46 | 45 | | the restaurant or bar. 2 |
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| 47 | 46 | | (c) A restaurant or bar that expands outdoor dining under this section 3 |
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| 48 | 47 | | shall comply with divis ion rules regarding outdoor dining. 4 |
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| 49 | 48 | | (d) As used in this section: 5 |
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| 50 | 49 | | (1) "Bar" means an establishment that is: 6 |
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| 51 | 50 | | (A) Licensed by the division to sell alcoholic beverages 7 |
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| 52 | 51 | | for on-premises consumption; and 8 |
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| 53 | 52 | | (B) Not a restaurant; and 9 |
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| 54 | 53 | | (2) "Restaurant" means a public or private place that: 10 |
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| 55 | 54 | | (A) Is kept, used, maintained, advertised, and held out to 11 |
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| 56 | 55 | | the public or to a private or restricted membership as a place where complete 12 |
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| 57 | 56 | | meals are actually and regularly served; 13 |
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| 58 | 57 | | (B) Provides adequa te and sanitary kitchen and dining 14 |
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| 59 | 58 | | equipment; 15 |
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| 60 | 59 | | (C) Has a seating capacity for at least twenty -five (25) 16 |
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| 61 | 60 | | persons; 17 |
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| 62 | 61 | | (D) Employs a sufficient number and variety of employees 18 |
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| 63 | 62 | | to prepare, cook, and serve suitable food for its guests or members; 19 |
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| 64 | 63 | | (E) Serves at least one (1) meal per day; and 20 |
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| 65 | 64 | | (F) Is open a minimum of five (5) days per week, with the 21 |
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| 66 | 65 | | exception of holidays, vacations, and periods of redecorating. 22 |
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| 67 | 66 | | 23 |
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| 68 | 67 | | /s/C. Tucker 24 |
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| 69 | 68 | | 25 |
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| 70 | 69 | | 26 |
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