Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 882 of the Regular Session
 1   State of Arkansas               As Engrossed:      S3/30/23 S4/4/23
 2   94th General Assembly                        A Bill
 3   Regular Session, 2023                                                             SENATE BILL 523
 4
 5   By: Senator C. Tucker
 6   By: Representative A. Collins
 7
 8                                     For An Act To Be Entitled
 9                    AN ACT TO AMEND THE LAW CONCERNING ALCOHOLIC
10                    BEVERAGES; TO AMEND THE LAW CONCERNING THE EXPANSION
11                    OF OUTDOOR DINING AT RESTAURANTS TO INCLUDE BARS; AND
12                    FOR OTHER PURPOSES.
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14
15                                                 Subtitle
16                           TO AMEND THE LAW CONCERNING ALCOHOLIC
17                           BEVERAGES; AND TO AMEND THE LAW
18                           CONCERNING THE EXPANSION OF OUTDOOR
19                           DINING AT RESTAURANTS TO INCLUDE BARS.
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22   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
24           SECTION 1.       Arkansas Code § 3-4-109 is amended to read as follows:
25           3-4-109. Expansion of outdoor dining at restaurants and bars.
26           (a)(1)      Except as provided in subsection (b) of this section, a
27   restaurant or bar with a valid alcoholic beverage permit from the Alcoholic
28   Beverage Control Division may expand its outdoor dining availability at the
29   restaurant or bar with approval from the local government zoning authority of
30   the municipality or county in which it is located without obtaining prior
31   approval from the division.
32                    (2)    A restaurant or bar seeking approval to expand outdoor
33   dining under subdivision (a)(1) of this section shall provide notice to the
34   division of the expansion and change in floor plan.
35           (b)   If the expansion in outdoor dining increases the seating capacity
36   in a way that could result in a change in permit type, the restaurant or bar
     *CRH237*                                                                    04-04-2023 15:43:42 CRH237
     As Engrossed:      S3/30/23 S4/4/23                                            SB523
 1   shall obtain division approval prior to expanding the outdoor dining area at
 2   the restaurant or bar.
 3        (c)     A restaurant or bar that expands outdoor dining under this section
 4   shall comply with division rules regarding outdoor dining.
 5        (d)     As used in this section:
 6                (1)    "Bar" means an establishment that is:
 7                        (A)   Licensed by the division to sell alcoholic beverages
 8   for on-premises consumption; and
 9                        (B)   Not a restaurant; and
10                (2)    "Restaurant" means a public or private place that:
11                        (A)   Is kept, used, maintained, advertised, and held out to
12   the public or to a private or restricted membership as a place where complete
13   meals are actually and regularly served;
14                        (B)   Provides adequate and sanitary kitchen and dining
15   equipment;
16                        (C)   Has a seating capacity for at least twenty-five (25)
17   persons;
18                        (D)   Employs a sufficient number and variety of employees
19   to prepare, cook, and serve suitable food for its guests or members;
20                        (E)   Serves at least one (1) meal per day; and
21                        (F)   Is open a minimum of five (5) days per week, with the
22   exception of holidays, vacations, and periods of redecorating.
23
24                                         /s/C. Tucker
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27                                     APPROVED: 4/13/23
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