Arkansas § 3-8-311 - [Repealed.]

§ 3-8-311. [Repealed.]

Publisher's Notes. This section, concerning the penalties for sale, barter or loan in dry territory, was repealed by Acts 2005, No. 1964, § 8. The section was derived from Acts 1935, No. 108, Art. 7, §§ 5, 6; Pope's Dig., §§ 14151, 14152; A.S.A. 1947, §§ 48-811, 48-812. The amendment to this section by Acts 2005, No. 1994, § 407 was superseded by the repeal of this section by Acts 2005, No. 1964, § 8. As amended by Acts 2005, No. 1994, § 407, this section read: “(a)(1) It shall be unlawful for anyone to sell, barter, or loan, directly or indirectly, any beverage containing any alcohol or any liquid mixture or decoction of any kind which produces or causes intoxication in any county, city, town, district, or precinct in which the sale, barter, or loan of spirituous, vinous, or malt liquors is or shall be prohibited in accordance with the local option law. “(2) Any sale, barter, or loan of any article with the agreement, expressed or implied, that the right or title to or possession of any such beverage, liquid mixture, or decoction shall also pass, shall be considered a sale, barter, or loan within the terms of this subsection. “(3) Any person who shall sell, barter, or loan, directly or indirectly, any such beverage, liquid mixture, or decoction in any such county, city, town, or precinct, shall, upon conviction, be guilty of a violation and fined the sum of not less than twenty dollars ($20.00) nor more than one hundred dollars ($100) for each offense. “(b) It shall be unlawful for any person to sell, lend, give, procure for, or furnish to another, any spirituous, vinous, or malt liquors, or to have in his or her possession spirituous, vinous, or malt liquors, for the purpose of selling them in any territory where this act is in force. Any person so offending shall be guilty of a Class C misdemeanor. “(c) The possession of a United States special tax stamp commonly called United States license for carrying on the business of a retail dealer in spirituous, vinous, or malt liquors, or the having of the tax permit issued by the Director of the Department of Finance and Administration or license at the place of business in the territory shall be prima facie evidence of guilt under this section. “(d) Nothing herein shall prohibit the sale, barter, loan, or having in the custody or possession of any person any beverage, liquid mixture, or decoction for the sale of which the United States does not require the payment of the special tax on retail liquor dealers.”