§ 3-8-502 - Local option elections in certain annexed areas.
3-8-502. Local option elections in certain annexed areas.
(a) (1) (A) If an area meets the qualifications provided in subdivision (a)(1)(B) of this section, the residents of the area may petition the county clerk of the county for a local option election to determine whether off-premises retail beer permits and off-premises Arkansas native wine retail permits shall be issued within the annexed area.
(B) An area qualifies to hold a local option election under this subchapter if:
(i) The area has been annexed from a dry township into a wet contiguous and adjoining city or incorporated town;
(ii) The annexed area is separated from the remainder of the dry township by a four-lane divided highway; and
(iii) A nonbinding election was held between November 1, 2004, and January 1, 2005, in the annexed area on the issue of whether intoxicating liquors may be manufactured, sold, bartered, loaned, or given away within the annexed area.
(2) The petition requesting a local option election shall be prepared in the manner provided by 3-8-204.
(3) (A) When thirty-eight percent (38%) of the qualified electors of the annexed area, as shown on county voter registration records, sign a petition requesting a local option election, the county clerk shall determine the sufficiency of the petition within ten (10) days of the filing of the petition.
(B) If the county clerk verifies that thirty-eight percent (38%) of the qualified electors of the annexed area have signed the petition, the county clerk shall certify that finding to the county board of election commissioners.
(C) The question shall be placed upon the ballot in the annexed area at the next biennial November general election, as provided in 3-8-101.
(D) Any appeal of the order of the county court shall be taken in the manner provided by 3-8-205(c)-(e).
(4) (A) The election shall be conducted in the manner provided by 3-8-206(a) and (b).
(B) Upon petition of fifteen percent (15%) of the interested legal voters in the annexed area, within ten (10) days after the date of the election, the county board of election commissioners shall immediately recount the votes and declare the result of the election as determined by the recount.
(C) Within twenty (20) days after the election, the county court shall make and enter of record its order declaring the result of the election.
(D) The costs of any elections held under this subchapter shall be paid by the county in the same manner as other costs of general elections.
(5) Upon petition of fifteen percent (15%) of the interested legal voters in the annexed area filed with the circuit clerk of the county in which proceedings are pending, the circuit court shall immediately by mandamus compel the county court or other officials to perform the duties imposed upon them under this section.
(b) (1) If, at the local option election, a majority of the electors of the annexed area vote for the issuance of off-premises retail beer permits and off-premises Arkansas native wine retail permits within the annexed area, the Director of the Alcoholic Beverage Control Division may issue off-premises retail beer permits and off-premises Arkansas native wine retail permits within the annexed area.
(2) If a majority of the electors of the annexed area vote against the issuance of off-premises retail beer permits and off-premises Arkansas native wine retail permits, it shall be unlawful for the director or any county or municipal officer to issue any off-premises retail beer permit or off-premises Arkansas native wine retail permit until the prohibition shall be repealed by a majority vote as provided in this section.
(3) At least four (4) years shall elapse before another local option election may be held in the annexed area.