AFC Newsletter Winter 2025
ARE “PRIVATE CLUBS” THAT SELL ALCOHOL IN DRY COUNTIES ILLEGITIMATE?
Part 2 (continued from Summer 2025 issue)
Dear Friend,
The following is the second part of a two-part article on the reason the people of Arkansas cannot have dry counties in spite of the fact that they have voted them dry. The will and vote of the people of Arkansas have been usurped by illegitimate laws, unelected bureaucrats, and city councils that seemingly could care less about what the people want whom they are elected to represent.
In part one of this editorial, ample proof was given that the original private club law, ACT132, was illegitimate. In 2003, an even greater distortion and mockery of this illegitimate law was forced on the people of Arkansas. Act1813, passed by the Arkansas Legislature, intended to allow large attendance facilities to sell alcohol with the belief that this would help tourism. Even this was illegal and against the will of the people.
This law added five words to the private club law: community hospitality, professional association, entertainment. At a Board hearing for a private club license in Batesville, the ABC Board made the fraudulent interpretation that the addition of these five words means they can legally grant a non-profit, private club license to a for-profit, public restaurant. A complete bogus interpretation of the law’s intentions.
At that hearing, ABC Chairman Ron Fuller made this statement, “I think the legislature passed that thing 100 to zip and the senate did very much the same thing and it went right on through, so we operate under what they send us.” This statement by Chairman Fuller implies that the legislature actually gave them a mandate to grant liquor licenses to these bogus clubs. The truth is, Act1813 only passed the legislature by one vote. It received only 63 votes in the House and 18 in the Senate. One vote less in the Senate and the bill would have failed. Far from what Chairman Fuller indicated.
The senator who sponsored ACT1813 in the Senate stated that he did not make the same interpretation as the Board did. Another senator who voted for ACT1813 wrote a letter to the Board telling them that Act 1813 was never intended to allow the Board to grant alcohol permits to public, for-profit clubs. He encouraged the Board to, “re-examine your present misguided interpretation of the law....”
Chris Thyer of Jonesboro, who was a state representative and is also an attorney, voted in favor of Act 1813. He interprets the law differently than the ABC Board did. This is a direct quote from a KAIT story, “People from my mother on down the line have called me saying Chris you voted for liquor by the drink at Piero's -- no I didn't," said Thyer. "I voted for this particular law that would allow for alcohol in convention centers and other large establishments like that to help them promote tourism."
This is the Act the ABC Board used to fill our dry counties with liquor with absolutely no recourse from the voters. The decision to recognize for-profit public restaurants as private non-profit clubs was not made by the voters of Arkansas or even their elected representatives but by a board of unelected bureaucrats. Those who opposed this violation of their vote realized it was virtually impossible to get a permit for alcohol in a dry county denied by the five unelected bureaucrats on the ABC Board, so they stopped going to Little Rock to oppose the permits. Below are just four of many cases that prove this fact.
This first case involved a private club permit granted to Amy’s Place in Lincoln County over the objection of a substantial portion of the populace, as well as virtually all of the elected officials in the area. The prosecuting attorney and the deputy prosecuting attorney, the sheriff, and county judge for Lincoln County were all opposed to this permit.
The prosecutor and county judge both testified in person before the board. The Lincoln County Quorum Court unanimously passed a non-binding resolution opposing the permit with only one member abstaining. The Justice of the Peace for the district was opposed to the permit. Over 700 signatures were obtained in opposition. Only 174 petition signatures were in favor of the permit.
This second example was a case from DeQueen in Sevier County on June 18, 2003. The prosecuting attorney sent a letter of opposition. The Quorum Court unanimously passed a resolution in opposition to the private club. The chief deputy sheriff and the Chief of Police were opposed. All residents on Piney Road where the club is located were opposed. There were slightly over1300 signatures and letters of opposition from citizens.
The permit applicant had only 1143 names in favor of the permit but no elected officials. A former county judge was in favor. The Board granted it.
The third example was a request for a permit for Josie’s in Batesville in Independence County. The opposition included a letter from the State Senator for that area. The sheriff wrote a letter of opposition. The prosecuting attorney and four city council members were opposed. Three testified in person as did a justice of the peace who was opposed. Two local pastors spoke against the permit as did the Director of Graceland Baptist Academy. A retired fire chief and public safety officer with 29 years of public safety testified against the permit. Over 3,200 letters of opposition were presented to the Board.
And who was supportive of the permit? Only 5 prominent citizens, none of them elected officials, spoke at the hearing in favor of the permit. 2,200 signatures were presented in favor of the permit. Some of those were from outside the county. And State Representative Chaney Taylor wrote a letter in support of the permit. The Board granted the permit.
The fourth example is the Brickhouse application in Jonesboro. The opposition was virtually the same for most of the other permits in Jonesboro, yet they were granted.
A total of sixteen elected officials were openly opposed to this permit. Those were the prosecutor, sheriff, county judge, six mayors in Craighead County, and seven Quorum Court members. 4,180 signatures on petitions were in opposition.
Who was in favor? No elected officials in favor. One former representative and a former candidate for Governor were in favor. There were only 70 letters or petition signatures in favor. Granted by ABC Board.
ACT1813 is a Bogus law - bogus as a three-dollar bill. Nobody actually believes these restaurants are not selling alcohol or not making a profit from selling alcohol. This was evidenced by the information contained in my previous letter on this subject.
A law, ACT1112, was passed in the legislature in 2017 under the leadership of Senator Eddie Joe Williams of Cabot. This bill gave city councils and quorum courts opportunity to stop the flagrant violation of the people’s rights by stopping the illegitimate permits at the local level by duly elected officials. Yet, some, and maybe many, city councils, such as Jonesboro City Council, continue to fill their cities with alcohol through these illegitimate clubs that are clearly contrary to the vote of the people. Obviously, this appalling situation needs to be remedied somehow. The state legislature needs to look at this and pass legislation that would restore the right of the people to have their vote mean something.
In Christ,
Bobby L. Hester