Smith v. Ridgeview Baptist Church, Inc.

Frank Holt, Justice.

The appellant Alcoholic Beverage Control Board granted appellant Smith’s petition to transfer a retail liquor license to within 200 yards of appellee church. The trial court reversed the Board’s action pursuant to Ark. Stat. Ann. § 48-310 (Repl. 1964) which, in pertinent part, reads:

No new permit shall be issued for the location of a business within two hundred (200) yards of any church

Appellants assert for reversal that this statute § 48-310 (§ 2 of Act 352 of 1939) was illegally enacted by the legislature. Therefore, the appellant Board’s “Regulation #124” (as authorized…