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AG nixes proposed ballot measure to restrict private club permits
Wednesday, Jun 4, 2008

By Rob Moritz
Arkansas News Bureau

LITTLE ROCK - Attorney General Dustin McDaniel on Tuesday rejected the name and ballot title of a proposed constitutional amendment to repeal a 2003 law that loosened restrictions on what establishments qualify for a private club permit.

McDaniel said the proposal was ambiguous and that the text of the amendment was not included in the request.

"I must therefore return your submission and instruct you to submit the language of your proposed amendment together with a proposed popular name and ballot title," the attorney general said in an opinion.

Donnie Kissinger of Jonesboro, who proposed the measure to repeal Act 1813 of 2003, said Tuesday he plans to rewrite the measure and resubmit it this week.

"I'm really running out of time," Kissinger said, noting that once the proposal has been approved by the attorney general he would still have to collect nearly 77,500 signatures from registered voters in the state by July 7.

The 2003 law gave the state Alcoholic Beverage Control Board more latitude in approving liquor permits.

Kissinger said he wants the law repealed because 21 private clubs serving alcoholic beverages now operate in Craighead County, a dry county, with the ABC board's blessings despite strong public opposition.

The act amended a 1969 law that allowed nonprofit groups, such as Elks Clubs and Veterans of Foreign Wars posts to serve alcohol in dry counties. The old law limited private clubs to "recreational, social, patriotic, political, national benevolent (or) athletic" in nature.

Under the revised law, private clubs can be located in dry counties for reasons such as community hospitality, professional association and entertainment, opening the door for other establishments, such as restaurants, to serve drinks.

Kissinger's proposal would return the law to the 1969 restrictions.



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