Judges: DUSTIN McDANIEL, Attorney General
Filed Date: 11/18/2010
Status: Precedential
Modified Date: 7/5/2016
The Honorable Bill Sample State Representative
2340 North Highway 7 Hot Springs, Arkansas 71909-9309
Dear Representative Sample:
You have requested my opinion on whether it is permissible for a retailer to sell beer below cost under certain circumstances in light of the rules promulgated by the Alcoholic Beverage Control Division of the Arkansas Department of Finance and Administration ("ABC"), or statutory law.
I must accordingly respectfully decline to address your question. The ABC will address the scope of the applicable rules and statutes in deciding the matter before it, and there will be a right of appeal to the Alcoholic Beverage Control Board and ultimately the courts.2 Administrative determinations of this nature are quasi-judicial *Page 2 and outside the scope of an Attorney General opinion pursuant to the office's long-standing policy.
Sincerely,
DUSTIN McDANIEL Attorney General