86-141
Does the term "establishments" in 3-3-204 mean one store or a chain of stores? What does "retail grocery establishments" mean? Would a convenience store meet this definition? ANSWER: This statute has to do with allowing minors (under the age of eighteen) to handle alcoholic beverages. The statu
Cite as Ark. Op. Att'y Gen. 86-141
STEVE CLARK
ATTORNEY GENERAL
STATE OF ARKANSAS
OFFICE OF THE ATTORNEY GENERAL
201 EAST MARKHAM STREET
HERITAGE WEST BUILDING
LITTLE ROCK. ARKANSAS 72201
(501) 371-2007
OPINION NO. 86-141
April 21, 1986
Honorable Bob "Sody" Arnold
State Representative
324 Cherry Street
Arkadelphia, Arkansas 71923
Dear Representative Arnold:
This off ice acknowledges receipt of your request for an
official opinion. Your questions involve Ark. Stat. Ann.
§48-903.2 (1985 Cum. Supp.), which provides:
No minor to be allowed to handle alcoholic beverages.
(a) Notwithstanding the prohibition of subsection
(b) of this Section, persons eighteen (18) years of age
and older may sell or otherwise handle beer and cooking
wines at those retail grocery establishments which
during the preceding calendar year had gross sales of
two million dollars ($2,000,000) or more.
(b} Except as provided in subsection (a) it shall
be unlawful for any wholesaler, retailer or transporter
of alcoholic beverages to allow any employee or any
other person under twenty-one (21) years of age to have
anything whatsoever to do with the sale, transporting
or handling of such alcoholic beverages. [Acts 1969,
No. 29, § 1, p. 381; 1983, No . 527, § 1, p. 1092.)
You ask the following questions:
1. Define "establishments". Is this one store or is
it a chain of retail stores?
2. Define "retail grocery establishments". Does a
convenience store that sells retail groceries meet this
qualification?
The legislature did not provide definitions in the 1983
amendment to Act 129 of 1969. In the absence of statutory
definitions we must turn to the common meaning of terms.
Here, the statutory provision authorizes persons 18 years of Honorable Bob "Sody" Arnold
April 21, 1986
Page 2
age or older to sell or handle beer and cooking wines at
retail grocery establishments that meet certain volumes of
sales. The young person is not selling at a chain. Rather
he or she is occupied in a certain store. Thus, it is my
opinion that the term "retail grocery establishment" means
an individual store and not a chain of stores.
It is also my opinion that a convenience store that sells
groceries at retail fits the exemption of section (a) if it
had gross sales of two million dollars or more in the preceding
calendar year.
The foregoing opinion, which I hereby approve, was prepared
by Assistant Attorney General Arnold M. Jochums.
Sincerely,
. (M_u~
STE ~ ~LARK
Attorney General