Table Of ContentOFM«87
OTATED
2012-2013
ADVANCE
CODE
SERVICE
Pamphlet Number
1
May 2012
Updates the 2011 Supplement
II
Prepared by the Editorial Staff
1
ofthe Publisher
1
€)
LexisNexis
Arkansas Code
OF
1987
Annotated
Prepared by the Editorial Staffofthe Publisher
Under the Direction and Supervision ofthe
ARKANSAS CODE REVISION COMMISSION
Senator David Johnson, Chair
Senator Sue Madison
Representative John Vines
Representative Darrin Williams
Honorable Bettina E. Brownstein
Honorable Don Schnipper
Honorable David R. Matthews
Honorable Stacy Leeds, Dean, University ofArkansas at
Fayetteville, School ofLaw
Honorable John DiPippa, Dean, University ofArkansas at
Little Rock, School ofLaw
Honorable Warren T. Readnour, SeniorAssistant Attorney General
Honorable Marty Garrity, Assistant Director for Legal Services of
the Bureau ofLegislative Research
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Copyright 2012
BY
The State of Arkansas
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PREFACE
The 2012-2013 Advance Code Service keeps the Arkansas Code of
1987 Annotated as current as possible by providing notes to cases and
law reviews, and updated table and index entries, as well as other
pertinent information, in the interim period between the publication of
Supplements to the Code. Each Advance Code Service pamphlet is
cumulative and may be recycled or discarded upon receipt ofthe next
pamphlet.
Material in the Advance Code Service follows the structure of the
Arkansas Code of 1987 Annotated and should be used in conjunction
with the Code and its 2011 Supplement. A stylistic change has been
made to the note analyses but the content is the same.
This pamphlet contains updates to the legislation enacted by the
Arkansas General Assembly at the 2011 Regular Session and the 2012
Fiscal Session.
Annotations are to the following sources:
Arkansas Supreme Court and Arkansas Court ofAppeals Opinions
through 2012 Ark. LEXIS 146 (March 15, 2012) and 2012 Ark. App.
LEXIS 324 (March 14, 2012).
Federal Supplement through February 22, 2012.
Federal Reporter 3d Series through February 22, 2012.
United States Supreme Court Reports through February 22, 2012.
Bankruptcy Reporter through February 22, 2012.
Arkansas Law Notes through the 2008 Edition.
Arkansas Law Review through Volume 61, p. 787.
University ofArkansas at Little Rock Law Review through Volume
"
30, p. 267.
ALR 6th through Volume 64, p. 655.
ALR Fed. 2d through Volume 46, p. 473.
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LexisNexis
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TITLE 2
AGRICULTURE
SUBTITLE LIVESTOCK
3.
CHAPTER.
35. MARKETING, SALE,AND TRANSPORTATION.
SUBTITLE LIVESTOCK
3.
CHAPTER
35
MARKETING, SALE, AND TRANSPORTATION
subchapter.
3. Arkansas Beef Council.
—
Subchapter 3 Arkansas Beef Council
SECTION. — —
2-35-303. Creation Members Orga-
nization.
— —
2-35-303. Creation Members Organization.
(a) The Arkansas BeefCouncil is created.
(b)(1) The council shall be composed ofseven (7) members appointed
by the Governor and confirmed by the Senate as follows:
(A) Three (3) cattle producer members shall represent the Arkan-
sas Farm Bureau Federation and shall be appointed from a list of
names submitted by the board ofdirectors ofthat organization;
(B) Three (3) cattle producer members shall represent the Arkan-
sas Cattlemen's Association and shall be appointed from a list of
names submitted by the board ofdirectors ofthat organization; and
(C) One (1) member shall be an active Arkansas livestock market
operator who shall be appointed from the state at large.
(2) Each year, not less than thirty (30) days prior to the expiration of
the terms of the current council members whose terms expire in that
year, the organizations named shall submit to the Governor two (2)
nominees foreach position to be filled on the council from the respective
organizations. The Governor shall appoint a succeeding member to the
council from each organization's list ofnominees.
(3) Each memberselected shall servefora term ofthree (3)years and
until his or her successor is duly selected as provided in this section.
(4) Vacancies in any unexpired term shall be filled by the Governor
for the remainder ofthe unexpired term. The member appointed to fill
3-5-1102 ALCOHOLIC BEVERAGES 2
the vacancy shall represent the same organization as the person whose
term is unexpired.
(c) Members of the council shall meet and organize immediately
after their appointment and shall elect a chair, a vice chair, and a
secretary-treasurer from the membership of the council whose duties
shall be those customarily exercised by those officers or specifically
designated by the council.
(d) The council may establish rules and regulations for its own
government and for the administration ofthe affairs ofthe council.
History.Acts 1983,No. 160, § 2;A.S.A. Publisher's Notes. This section is be-
1947, § 78-1902. ing set out to reflect a correction in (b)(1).
TITLE
3
ALCOHOLIC BEVERAGES
CHAPTER.
—
5. BEER AND WINE MANUFACTURE, SALE, AND TRANSPORTATION
GENERALLY.
ON-PREMISES CONSUMPTION.
9.
CHAPTER
5
—
BEER AND WINE MANUFACTURE, SALE, AND
TRANSPORTATION GENERALLY
SUBCHAPTER.
—
11. Beer Wholesalersand Suppliers.
— —
Subchapter 11 Beer Wholesalers and Suppliers
SECTION.
3-5-1102. Definitions.
3-5-1102. Definitions.
(a) The following words or phrases, or the plural thereof, whenever
they appear in this subchapter shall have, unless the context clearly
requires otherwise, the meanings ascribed to them in this section:
(1) "Agreement" means any agreement between a wholesaler and a
supplier, whether oral or written, whereby a wholesaler is granted the
right to purchase and sell a brand or brands ofbeer sold by a supplier;
(2) "Ancillary business" means:
(A) A business owned by the wholesaler, by a substantial stock-
holder ofa wholesaler, or by a substantial partner ofa wholesaler the
primary business of which is directly related to the transporting,
storing, or marketing ofthe brand orbrands ofbeer ofa supplierwith
whom the wholesaler has an agreement; or
—
3 BEERAND WINE MANUFACTURE, SALE, ETC. 3-5-1102
(B) Abusiness owned by a wholesaler, a substantial stockholder of
a wholesaler, or a substantial partner ofa wholesaler which recycles
empty beverage containers ofthe supplier;
(3) "Beer" includes light wine and shall carry the same definitions as
set forth in § 3-5-202(3) and (4);
(4) "Designated member" means and includes:
(A) The spouse, child, grandchild, parent, brother, or sister of a
deceased individual who owned an interest, including a controlling
interest, in a wholesaler;
(B) Any person who inherits under the deceased individual's will
or under the laws ofintestate succession ofthis state;
(C) Any person or entity which has through a valid testamentary
device bythe deceased individual succeeded the deceased individual's
ownership interest in the wholesaler pursuant to a written contract
or instrument which has been previously approved by a supplier;
(D) The appointed and qualified personal representative and the
testamentary trustee of a deceased individual owning an ownership
interest in a wholesaler; and
(E) The person appointedby a court as the guardian orconservator
ofthe property of an incapacitated individual owning an ownership
interest in a wholesaler;
(5) "Director" means the Director ofthe Alcoholic Beverage Control
Division;
(6) "Good faith" means honesty in fact and the observance ofreason-
able commercial standards offairdealingin the trade, as defined in and
interpreted under the Uniform Commercial Code, § 4-1-201;
(7) "Reasonable qualifications" means the standard ofthe reasonable
criteria established and consistently used by the respective supplier for
similarly situated wholesalers that entered into, continued, or renewed
an agreement with the supplier during a period of twenty-four (24)
months prior to the proposed transfer of the wholesaler's business, or
for similarly situated wholesalers who have changed managers or
designated managers during a period oftwenty-four (24) months prior
to the proposed change in the manager or successor manager of the
wholesaler's business;
(8) "Retaliatory action" means the refusal to continue an agreement,
or a material reduction in the quality ofservice or quantity ofproducts
available to a wholesaler under an agreement, which refusal or reduc-
tion is not made in good faith;
(9) "Sales territory" means an area of exclusive sales responsibility
for the brand or brands ofbeer sold by a supplier as designated by an
agreement;
(10) "Similarly situated wholesalers" means wholesalers of a sup-
plier that are of a generally comparable size, and operate in markets
with similar demographic characteristics, including population size,
density, distribution, and vital statistics, as well as reasonably similar
economic and geographic conditions;
(11) "Substantial stockholder or substantial partner" means a stock-
holder of or partner in the wholesaler who owns an interest of ten
3-8-306 ALCOHOLIC BEVERAGES 4
percent (10%) or more of the partnership or of the capital stock of a
corporate wholesaler;
(12)(A) "Supplier" means a manufacturer or importer of beer and
light wine brands as registered with the director.
(B) "Supplier" does not include a small brewery under the Arkan-
sas Native Brewery Act, § 3-5-1401 et seq.;
(13) "Transfer of wholesaler's business" means the voluntary sale,
assignment, or other transfer often percent (10%) or more or control of
the business or all or substantially all ofthe assets ofthe wholesaler, or
ten percent (10%) or more or control of the capital stock of the
wholesaler, including, without limitation, the sale or other transfer of
capital stock or assets by merger, consolidation, or dissolution, or ofthe
capital stock of the parent corporation, or of the capital stock or
beneficial ownership of any other entity owning or controlling the
wholesaler; and
(14) "Wholesaler" means a wholesaler of beer and light wine as
licensed by the Alcoholic Beverage Control Board and as defined in
§ 3-5-202(10).
(b) Other words and phrases used in this subchapter shall have the
meanings ascribed to them in §§ 3-1-102 and 3-5-202, as amended, and
any acts amendatory thereof, supplementary thereto, or substituted
therefor unless the context clearly requires otherwise.
History. Acts 1991, No. 8, § 2; 1991, Amendments. The 2011 amendment
No. 866, § -2; 2011, No. 982, § 1. inserted present (a)(12)(B).
Publisher's Notes. This section is be-
ing set out to reflect a correction to the
2011 supplement.
CHAPTER
8
LOCAL OPTION
—
Subchapter 3 Proceedings Pursuant to 1935 Act
3-8-306. Certificate of election results.
RESEARCH REFERENCES
ALR. Validity, Construction and Appli- riods Governing Election Contests. 60
cation ofState Statutory Limitations Pe- A.L.R.6th 481.
3-8-309. Contests of elections.
RESEARCH REFERENCES
ALR. Validity, Construction and Appli- riods Governing Election Contests. 60
cation ofState Statutory Limitations Pe- A.L.R.6th 481.
