Arkansas Alcoholic Beverage Control Division v. Person

Robert H. Dudley, Justice.

Gary D. Person applied to the Arkansas Alcoholic Beverage Control Division to transfer his retail liquor and retail beer permits to a new location in Fort Smith. The Director of the A.B.C. denied the application because the new location is within 200 yards of a church. Ark. Code Ann. § 3-4-206 (1987) and A.B.C. Regulation 1.32(6)A.-B. both prohibit the location of a retail liquor business within 200 yards of a church. Person appealed the Director’s denial to the A.B.C. Board. The Board affirmed the denial. Person appealed to circuit court. The circuit court reversed…