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Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly.
Act 1994 of the Regular Session
GRH242 03-31-2005 14:29 GRH
1 State of Arkansas As Engrossed: H3/31/
2 85th General Assembly A Bill
3 Regular Session, 2005 SENATE BILL 984
5 By: Senator Luker
6 By: Representatives D. Johnson, Ledbetter
9 For An Act To Be Entitled
10 THE ARKANSAS CRIMINAL CODE REVISION COMMISSION'S
11 BILL.
13 Subtitle
14 THE ARKANSAS CRIMINAL CODE REVISION
15 COMMISSION'S BILL.
18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20 SECTION 1. Arkansas Code § 1-3-109 is amended to read as follows: 21 1-3-109. Printing of publication cost. 22 (a) All newspapers publishing anything under the provisions of §§ 1-3- 23 101 - 1-3-108 shall, free of charge, print at the head of each of the 24 publications, in type of double the size of the publication itself, the 25 following words: "The cost of this publication to the taxpayers is the sum 26 of ______ dollars." 27 (b) Any newspaper, or proprietor or editor thereof, failing to comply 28 with this section shall be deemed guilty of a misdemeanor violation and upon 29 conviction shall be fined in any sum not less than one hundred dollars ($100) 30 nor more than five hundred dollars 31 ($500). 32 33 SECTION 2. Arkansas Code § 2-1-101 is amended to read as follows: 34 2-1-101. Prohibition against center pivot irrigation discharge on 35 interstate.
1 (a) It is unlawful for a person, sole proprietorship, partnership, or 2 corporation that engages in irrigation of any farm or agricultural lands to 3 intentionally permit or cause any center pivot irrigation water to be 4 discharged onto the traveled portion of any interstate or state highway. 5 (b) A first violation of this section shall cause a warning to be 6 issued. 7 (c) Upon conviction of A a second or subsequent offense, the offender 8 shall be punishable guilty of a violation and punished by a fine of not less 9 than one hundred dollars ($100) nor more than two hundred fifty dollars 10 ($250). 11 (d) It is an affirmative defense to prosecution under this section 12 that the discharge of center pivot irrigation waters onto an interstate or 13 state highway resulted from winds of such intensity that no mechanical device 14 that is intended to prevent spray from reaching the roadway could have 15 prevented the spraying or that the discharge resulted from excessive rainfall 16 which contributed to flooding of the roadway. 17 18 SECTION 3. Arkansas Code § 2-2-118 is amended to read as follows: 19 2-2-118. Penalties for inducing breach of contract. 20 Any person or any corporation whose officers or employees knowingly 21 induce or attempt to induce any person to breach his marketing or 22 participation contract with an association shall be guilty of a misdemeanor 23 violation, and upon conviction shall be subject to a fine of not less than 24 one hundred dollars ($100) and not more than one thousand dollars ($1,000) 25 for the offense, and shall be liable to the association aggrieved in a civil 26 suit in the penal sum of five hundred dollars ($500) for each offense. 27 28 SECTION 4. Arkansas Code § 2-2-420 is amended to read as follows: 29 2-2-420. Penalties for inducing breach of contract. 30 Any person or corporation whose officers or employees knowingly induce 31 or attempt to induce any member or stockholder of an association organized 32 under this subchapter to breach his marketing contract with the association, 33 or who maliciously and knowingly spreads false reports about the finances or 34 management thereof, shall be guilty of a misdemeanor violation and subject to 35 a fine of not less than one hundred dollars ($100) and not more than one 36 thousand dollars ($1,000) for the offense and shall be liable to the
1 (b)(1) Any person, firm, or corporation failing or refusing to comply 2 with the requirements of this section shall be guilty of a misdemeanor 3 violation and upon conviction shall be fined in any sum not less than five 4 dollars ($5.00) nor more than one hundred dollars ($100). 5 (2) Each bag or other container which is shipped without first 6 having placed the date placed thereon shall be a separate offense. 7 8 SECTION 7. Arkansas Code § 2-16-203 is amended to read as follows: 9 2-16-203. Penalty. 10 (a) Fines. Any person who shall violate any provisions or requirements 11 of this subchapter or the rules and regulations made or of any notice given 12 pursuant thereto or who shall forge, counterfeit, deface, destroy, or 13 wrongfully use any certificate provided for in this subchapter or in the 14 rules and regulations made pursuant thereto shall be deemed guilty of a 15 misdemeanor violation, and upon conviction he or she shall be punished by a 16 fine of not more than one hundred dollars ($100). 17 (b) Civil Penalties. 18 (1)(A) In a lawful proceeding respecting licensing, as defined 19 in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in 20 addition to or in lieu of any other lawful disciplinary action, the State 21 Plant Board may assess a civil penalty of not more than one thousand dollars 22 ($1,000) for each violation of any statute, rule, or order enforceable by the 23 board. 24 (B) In no case shall a single application or drift 25 incident by a pesticide applicator be considered multiple violations based on 26 the number of complaints. 27 (C) In no case shall the failure to meet minimum treating 28 standards, except those which require a termiticide application, be 29 considered a violation and subject to a civil penalty. 30 (2) The board shall by rule establish a schedule designating the 31 minimum and maximum civil penalty which may be assessed under this section 32 for violation of each statute, rule, or order over which it has regulatory 33 control. Authority is vested in the board to promulgate any other regulations 34 necessary to carry out the intent of this section. 35 (3) In the event of nonpayment of any civil penalty lawfully 36 assessed pursuant to subdivision (b)(1) of this section, such a penalty shall
1 be recoverable in the name of the state by the Attorney General in Pulaski 2 County Circuit Court or in the circuit court of the county in which the 3 violation occurred. 4 (4) All sums paid or recovered under this section shall be 5 deposited into the State Treasury. Sums collected under special revenue 6 programs shall be deposited in the Plant Board Fund. Sums collected under 7 general services programs shall be deposited into the State General Services 8 Fund Account. 9 (5) All rules and regulations promulgated pursuant to this 10 section shall be reviewed by the House and Senate Interim Committees on 11 Agriculture, Forestry, and Economic Development or subcommittees thereof. 12 13 SECTION 8. Arkansas Code § 2-16-404 is amended to read as follows: 14 2-16-404. Penalties. 15 (a) Any person who violates any provision of this subchapter or the 16 regulations adopted hereunder shall be guilty of a misdemeanor violation and 17 upon conviction shall be punishable punished for the first offense by a fine 18 of not less than one hundred dollars ($100) and not more than one thousand 19 dollars ($1,000) and for the second and any additional offense a fine of not 20 less than five hundred dollars ($500) and not more than two thousand dollars 21 ($2,000). 22 (b) Any offense committed more than three (3) years after a previous 23 conviction shall be considered as a first offense. 24 25 SECTION 9. Arkansas Code § 2-16-503 is amended to read as follows: 26 2-16-503. Penalty. 27 (a) Any landowner or any person having control of any land in a 28 Johnson grass control and eradication district who fails or refuses to 29 control or eradicate Johnson grass on his lands shall be guilty of a 30 misdemeanor violation. 31 (b)(1) Upon conviction, an offender shall be subject to a fine of not 32 less than fifty dollars ($50.00) nor more than one hundred dollars ($100) for 33 each violation. 34 (2) Each day a violation shall exist or continue shall 35 constitute a separate offense. 36
2 SECTION 12. Arkansas Code § 2-19-302 is amended to read as follows: 3 2-19-302. Penalty. 4 Any person who shall violate any provisions of this subchapter or any 5 regulation adopted under this subchapter shall, upon conviction, be guilty of 6 a violation and fined not less than one hundred dollars ($100) for the first 7 offense and not less than three hundred dollars ($300) for every subsequent 8 offense. 9 10 SECTION 13. Arkansas Code § 2-20-204 is amended to read as follows: 11 2-20-204. Remedies for refusing to gin. 12 (a)(1) Any person, firm, or corporation operating any public gin in 13 this state as defined in § 2-20-201 who shall fail or refuse to gin cotton as 14 required by §§ 2-20-202 and 2-20-203 shall be guilty of a misdemeanor 15 violation. 16 (2) Upon conviction, an offender shall be fined in any sum not 17 less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00). 18 (3) Each violation of this section shall constitute a separate 19 offense. 20 (b) In addition to the fine, the defendant shall be liable to civil 21 action for double damages by the person aggrieved. 22 23 SECTION 14. Arkansas Code § 2-20-403 is amended to read as follows: 24 2-20-403. Penalties. 25 (a)(1) Any first purchaser or other person required to pay an 26 assessment pursuant to this subchapter who fails to pay any assessment when 27 due shall forfeit a penalty of two percent (2%) of the assessment each month 28 beginning the day following the date such assessment was due. 29 (2) The penalty shall be paid to the board or to its designee, 30 the Director of the Department of Finance and Administration, and shall be 31 disposed of in the same manner as funds derived from the payment of 32 assessments as provided in this subchapter. 33 (b) The board or its designee, the Director of the Department of 34 Finance and Administration, shall collect the penalties levied in this 35 section, together with the delinquent assessment, by any and all of the 36 following methods:
1 (1) Voluntary payment by the person liable; 2 (2) Legal proceedings instituted in a court of competent 3 jurisdiction; or 4 (3) Injunctive relief to enjoin any person owing the assessment 5 or penalties from operating his business or engaging in business as a buyer 6 or seller of soybeans until the delinquent assessment or penalties are paid. 7 (c) Any person required to pay the assessment provided for in this 8 subchapter who refuses to allow full inspection of the premises or any books, 9 records, or other documents relating to the liability of the person for the 10 assessment imposed, or who shall hinder or in any way delay or prevent the 11 inspection, shall be guilty of a misdemeanor violation. Upon conviction, an 12 offender shall be punished by a fine not exceeding five hundred dollars 13 ($500). 14 15 SECTION 15. Arkansas Code § 2-20-504 is amended to read as follows: 16 2-20-504. Penalties. 17 (a)(1) Any buyer who fails to file a report or pay any assessment 18 within the required time set by the Director of the Department of Finance and 19 Administration shall forfeit to the director a penalty of five percent (5%) 20 of the assessment determined to be due, plus one percent (1%) for each month 21 of delay, or fraction thereof, after the first month after that report was 22 required to be filed or that assessment became due. 23 (2) The penalty shall be paid to the director and shall be 24 disposed of by him in the same manner as funds derived from the payment of 25 assessment imposed in this subchapter. 26 (b) The director shall collect the penalties levied in this 27 subchapter, together with the delinquent assessment, by any or all of the 28 following methods: 29 (1) Voluntary payment by the person liable; 30 (2) Legal proceedings instituted in a court of competent 31 jurisdiction; or 32 (3) Injunctive relief to enjoin any buyer owing an assessment or 33 penalties from operating his business or engaging in business as a buyer of 34 rice until the delinquent assessment or penalties are paid. 35 (c) Any person required to pay the assessment provided for in this 36 subchapter who refuses to allow full inspection of the premises or any books,
1 (a) Any buyer who fails to file a report or pay any assessment within 2 the required time set by the Director of the Department of Finance and 3 Administration shall forfeit to the director a penalty of five percent (5%) 4 of the assessment determined to be due, plus one percent (1%) for each month 5 of delay or fraction thereof after the first month after the report was 6 required to be filed or the assessment became due. The penalty shall be paid 7 to the director and shall be disposed of by him or her in the same manner as 8 funds derived from the payment of the assessment imposed in this section. 9 (b) The director shall collect the penalties levied in this section 10 together with the delinquent assessment by any or all of the following 11 methods: 12 (1) Voluntary payment by the person liable; 13 (2) Legal proceedings instituted in a court of competent 14 jurisdiction; and or 15 (3) Injunctive relief to enjoin any buyer owing the assessment 16 or penalties, or both, from operating his or her business or engaging in 17 business as a buyer of corn or grain sorghum until the delinquent assessment 18 or penalties, or both, are paid. 19 (c) Any person required to pay the assessment provided for in this 20 section who refuses to allow full inspection of the premises, or any books, 21 records or other documents relating to the liability of the person for the 22 assessment herein imposed, or who shall hinder or in any way delay or prevent 23 such inspection, shall be guilty of a misdemeanor violation and upon 24 conviction shall be punished by a fine not exceeding five hundred dollars 25 ($500). 26 27 SECTION 18. Arkansas Code § 2-34-301 is amended to read as follows: 28 2-34-301. Penalty. 29 A willful violation of this subchapter shall be deemed a misdemeanor 30 violation. An offending party shall, on conviction, be fined in any sum not 31 exceeding five hundred dollars ($500), at the discretion of the court. 32 33 SECTION 19. Arkansas Code § 2-35-302 is amended to read as follows: 34 2-35-302. Penalty. 35 (a)(1) Buyers who fail to file a report or pay any assessment within a 36 required time set by the Director of the Department of Finance and
1 Administration shall forfeit to the director a penalty of five percent (5%) 2 of the assessment determined to be due, plus one percent (1%) for each month 3 of delay, or fraction thereof, after the first month after the report was 4 required to be filed or the assessment became due. 5 (2) The penalty shall be paid to the director and shall be 6 disposed of by him in the same manner as funds derived from payment of 7 assessments imposed in this subchapter. 8 (b) The director shall collect the penalties levied in this section, 9 together with the delinquent assessment, by any or all of the following 10 methods: 11 (1) Voluntary payment by the person liable; 12 (2) Legal proceedings instituted in a court of competent 13 jurisdiction; or 14 (3) Injunctive relief to enjoin any buyer owing the assessment 15 or penalties from operating his business or engaging in business as a buyer 16 of cattle until the delinquent assessment or penalties are paid. 17 (c) Any person required to pay the assessment provided for in this 18 subchapter who refuses to allow full inspection of the records relating to 19 the liability of the person for the assessment imposed in this subchapter or 20 who shall hinder or in any way delay or prevent inspection shall be guilty of 21 a misdemeanor violation and upon conviction shall be punished by a fine not 22 exceeding five hundred dollars ($500). 23 24 SECTION 20. Arkansas Code § 2-37-113 is amended to read as follows: 25 2-37-113. Penalties. 26 (a) Any person convicted of violating any of the provisions of this 27 chapter or who shall impede, hinder, or otherwise prevent, or attempt to 28 prevent, the board or its authorized agent in performance of his or her duty 29 in connection with the provisions of this chapter, shall be adjudged guilty 30 of a misdemeanor violation punishable by a fine of not more than fifty 31 dollars ($50.00) for the first violation, and not more than two hundred 32 dollars ($200) for each subsequent violation and the proceeds from such fines 33 shall be remitted into the State Treasury to the credit of the General 34 Revenue Fund. 35 (b) Nothing in this chapter shall be construed as requiring the board 36 or its representative to:
1 otherwise that they are at large and trespassing upon the land, premises, and 2 crops of another person shall immediately take up the animals and thereafter 3 confine them so that further depredations and damages shall be avoided. 4 (2)(A) If he or she shall fail, neglect, or refuse to take up 5 animals, upon being notified his or her animals are running at large and 6 trespassing, for twenty-four (24) hours after notification being given him or 7 her, he or she shall be guilty of a misdemeanor violation and, upon 8 conviction, shall be fined a sum not less than ten dollars ($10.00) nor more 9 than fifty dollars ($50.00). 10 (B) Each day the animals continue to run at large shall 11 constitute a separate offense. 12 (b) Where any initiated act, duly adopted by the electors as provided, 13 prescribes penalties, the penalties of this section shall be cumulative and 14 in addition thereto. 15 16 SECTION 22. Arkansas Code § 2-38-504 is amended to read as follows: 17 2-38-504. Releasing hogs into the wild. 18 (a) Any person who willfully releases any hog to live in a wild or 19 feral state upon public land or upon private land, unless the landowner has 20 consented, is in violation of this section. 21 (b) Any person who violates this section is guilty of a misdemeanor 22 violation and upon conviction shall be subject to a fine not to exceed five 23 hundred dollars ($500). 24 25 SECTION 23. Arkansas Code § 2-40-101 is amended to read as follows: 26 2-40-101. Penalties. 27 (a)(1) Any person who assaults or by force or violence resists, 28 opposes, impedes, intimidates, or interferes with any employee of the 29 Arkansas Livestock and Poultry Commission while the employee is engaged in 30 the performance of his or her official duties or because the employee has 31 carried out or is about to carry out his official duties shall be guilty of a 32 Class A misdemeanor and shall be punished accordingly. 33 (2) If the person uses a dangerous or deadly weapon in the 34 commission of the acts, the person shall be guilty of a Class D felony and 35 shall be punished accordingly. 36 (b) Any person who, without the use of force or violence, resists,
1 opposes, impedes, intimidates, or interferes with any employee of the 2 commission while the employee is engaged in the performance of his official 3 duties or because the employee has carried out or is about to carry out his 4 or her official duties shall be guilty of a Class C misdemeanor and shall be 5 punished accordingly. 6 (c) Any person who shall bring in, or cause to be brought in, to the 7 state any animal suffering from a contagious or infectious disease or that 8 has been exposed to the contagion or infection of any disease, knowing it to 9 have been so diseased or to have been so exposed, shall be guilty of a 10 misdemeanor violation. Upon conviction, an offender shall be fined in any sum 11 not to exceed five hundred dollars ($500). He or she shall, moreover, be 12 liable for damages to others due to infection from the animal. 13 14 SECTION 24. Arkansas Code § 2-40-301 is amended to read as follows: 15 2-40-301. Penalty. 16 Any person, company, or corporation in any county of this state failing 17 to do its duty provided in this subchapter or violating any of the provisions 18 of this subchapter shall be deemed guilty of a misdemeanor violation. Upon 19 conviction, the offender shall be fined in any sum of not less than ten 20 dollars ($10.00) nor more than fifty dollars ($50.00). 21 22 SECTION 25. Arkansas Code § 2-40-702 is amended to read as follows: 23 2-40-702. Penalties. 24 (a) Any person violating the provisions of this subchapter shall be 25 guilty of a misdemeanor violation and, upon conviction, shall be fined not 26 less than ten dollars ($10.00) nor more than one hundred dollars ($100). 27 (b)(1) It shall be unlawful for any person, firm, corporation, or 28 association to have in possession or keep, sell, or offer for sale, barter, 29 exchange, give away, or otherwise dispose of hog cholera virus in this state, 30 except at the University of Arkansas or other state-supported institutions of 31 higher learning and under the supervision of a licensed veterinarian and with 32 a special written permit issued by the Arkansas Livestock and Poultry 33 Commission. 34 (2) Any person, firm, corporation, or association violating any 35 of the provisions of this subsection shall be guilty of a misdemeanor 36 violation and, upon conviction, shall be fined not less than twenty-five
1 allowed to drift across the line, and the owner of the cattle allowing them 2 to so drift across shall be deemed guilty of a misdemeanor violation. Upon 3 conviction, the owner shall be fined in any sum of not less than two hundred 4 dollars ($200) nor more than five hundred dollars ($500). This penalty shall 5 not apply to adjoining landowners as described in § 2-40-1001. Cattle from 6 above the line which drift across the line shall be subject to the laws 7 affecting other cattle below the line. 8 (b) At no season of the year shall cattle be driven or transported 9 across the district quarantine line without a certificate of inspection by a 10 federal or state veterinary inspector. Any person so driving or transporting 11 cattle or any persons found aiding or abetting in the driving or transporting 12 of cattle shall be guilty of a misdemeanor violation and shall, upon 13 conviction, be fined in any sum of not less than two hundred dollars ($200) 14 nor more than five hundred dollars ($500) for each offense. 15 16 SECTION 28. Arkansas Code §§ 3-3-203 and 3-3-204 are amended to read 17 as follows: 18 3-3-203. Purchase or possession by minor. 19 (a)(1) It shall be unlawful for any person under the age of twenty-one 20 (21) years to purchase or have in possession any intoxicating liquor, wine, 21 or beer. 22 (2) For the purposes of this section, intoxicating liquor, wine, 23 or beer in the body of a minor shall not be deemed to be in his possession. 24 (b) It shall also be unlawful for any adult to purchase on behalf of a 25 person under the age of twenty-one (21) years any intoxicating liquor, wine, 26 or beer. 27 (c) Any person violating this section shall be deemed guilty of a 28 misdemeanor violation and upon conviction shall be subject to a fine of not 29 less than one hundred dollars ($100) nor more than five hundred dollars 30 ($500). 31 (d) In addition to the penalty herein provided, the trial judge or 32 magistrate may impose the following penalty or penalties or any combination 33 thereof: 34 (1) Requiring persons under the age of twenty-one (21) years to 35 write themes or essays on intoxicating liquors, wine, or beer; and 36 (2) Placement of a person under the age of twenty-one (21) years
1 under probationary conditions as determined by the court in its reasonable 2 discretion designed as a reasonable and suitable preventive and educational 3 safeguard to prevent future violations of this section by the person. 4 5 3-3-204. Handling by minor. 6 (a) Except as provided in subsection (b) or (c) of this section, it 7 shall be unlawful for any wholesaler, retailer, or transporter of alcoholic 8 beverages to allow any employee or any other person under twenty-one (21) 9 years of age to have anything whatsoever to do with the selling, 10 transporting, or handling of alcoholic beverages. 11 (b) With the written consent of a parent or guardian, persons eighteen 12 (18) years of age and older may: 13 (1) Sell or otherwise handle beer and cooking wines at retail 14 grocery establishments; or 15 (2) Be employed by a licensed liquor wholesaler or licensed beer 16 wholesaler or by a licensed native winery to handle alcoholic beverages at 17 the place of business of the licensed wholesaler or winery. 18 (c) Persons nineteen (19) years of age and older, with the written 19 consent of a parent or guardian, may sell and handle alcoholic beverages at 20 an establishment which is licensed for on-premises consumption of alcoholic 21 beverages under §§ 3-9-202(8) and (9), 3-9-301, or 3-9-501. 22 (d)(1) Anyone violating the provisions of this section shall be guilty 23 of a misdemeanor violation and upon conviction shall be fined not less than 24 ten dollars ($10.00) nor more than one hundred dollars ($100). 25 (2) The violation shall be grounds for suspension, cancellation, 26 or revocation by the Director of the Alcoholic Beverage Control Division of 27 any permit issued to the person by the director. 28 29 SECTION 29. Arkansas Code §§ 3-3-305 and 3-3-306 are amended to read 30 as follows: 31 3-3-305. Transportation by motor vehicle. 32 (a) It is unlawful for a motor vehicle to carry at any one time in any 33 county or part of a county in which it is unlawful to manufacture, sell, 34 barter, loan, or give away intoxicating liquors, more than one (1) gallon of 35 spirituous, vinous, or malt liquor and three (3) gallons or one (1) case of 36 beer.
1 (a) It shall be unlawful for any person to either directly or 2 indirectly procure or purchase for another, any alcohol, or spirituous, 3 ardent, vinous, malt, or fermented liquors; any compound or preparation 4 thereof commonly called tonics, bitters, or medicated liquors; or 5 intoxicating spirits of any character, in any district or territory where 6 they are prohibited by law. However, this section shall not prohibit one 7 person from buying for another from a licensed dealer. 8 (b) Any person who shall violate any of the provisions of this section 9 shall be deemed guilty of a misdemeanor violation and fined in any sum not 10 less than one hundred dollars ($100) nor more than five hundred dollars 11 ($500). 12 13 SECTION 31. Arkansas Code § 3-5-221 is amended to read as follows: 14 3-5-221. Miscellaneous prohibited practices - Penalties. 15 (a)(1) Any person being either a retail dealer or who knowingly places 16 in his stock or who brings upon his premises, who has in his possession or 17 who sells or offers for sale any beer or wine on which the tax provided by 18 law has not been paid shall, in addition to the other fines, penalties, and 19 forfeitures, be subject to penalty of twenty-five dollars ($25.00) for each 20 package of untaxed liquor so held or offered for sale. 21 (2) The penalty shall be in the nature of liquidated damages and 22 may be collected by civil action. 23 (b) It shall be unlawful for any brewer or distributor of light wines 24 or beer to manufacture or knowingly bring upon his premises and keep thereon 25 any beer or wine of an alcoholic content in excess of five percent (5%) by 26 weight or any distilled spirits of any alcoholic content whatsoever. 27 (c) Any person who shall add to or mix with any beer or wine as 28 defined in this subchapter, any alcoholic or any other liquid, any alcohol 29 cube or cubes, or any other ingredient or ingredients that will increase or 30 tend to increase the alcoholic content or who shall knowingly offer any such 31 liquor for sale shall be guilty of a misdemeanor violation and shall be fined 32 in any sum not less than one hundred dollars ($100). 33 (d)(1) It shall be unlawful for a licensee or for any agent, servant, 34 or employee of a licensee: 35 (A) To suffer or permit any dice to be thrown for money or 36 for anything of value or to suffer or permit gambling with cards, dominoes,
1 raffle, or other games of chance, or any form of gambling in the place 2 designated by the license or in any booth, room, yard, garden, or other place 3 appurtenant thereto; 4 (B) To suffer or permit the licensed premises to become 5 disorderly; 6 (C) To sell, barter, furnish, or give away to any minor 7 under the age of twenty-one (21) years any wine or beer; 8 (D) To sell, barter, furnish, or possess in the place 9 designated by the license, or in any booth, yard, or garden, any alcoholic 10 liquors or beverages containing in excess of five percent (5%) of alcohol by 11 weight, or to permit any such acts to be done; 12 (E) To permit any immoral or lascivious conduct on the 13 part of the patrons or others at or in the licensed premises, or in any place 14 appurtenant thereto; or 15 (F) To suffer or permit the use of any profane, violent, 16 abusive, or vulgar language at or in such licensed premises, or in any place 17 appurtenant thereto. 18 (2) The acts and conduct of the agents, servants, and employees 19 of a licensee in the conduct of the business shall be deemed the acts and 20 conduct of the licensee. 21 (3) Any violation of the provisions of this subsection shall 22 constitute a Class A misdemeanor and shall be punished by a fine of not more 23 than five hundred dollars ($500) and not more than one (1) year in jail, and 24 each day the offense shall be continued shall constitute a separate offense. 25 26 SECTION 32. Arkansas Code § 3-7-103 is amended to read as follows: 27 3-7-103. Penalty - Revocation. 28 Any person who shall violate any of the provisions of §§ 3-7-101 - 3-7- 29 104 and 3-7-106 - 3-7-110 shall be guilty of a misdemeanor violation and upon 30 conviction be fined not less than five hundred dollars ($500) nor more than 31 one thousand dollars ($1,000). 32 33 SECTION 33. Arkansas Code § 3-7-111 is amended to read as follows: 34 3-7-111. Additional taxes. 35 (a)(1) In addition to all other fees and taxes now imposed by law, 36 there is levied and shall be collected the following additional fees and
