Operation Targets Alcohol Transport
Last updated Monday, October 6, 2008 12:36 PM CDT in News
By Melissa Sherman
THE MORNING NEWS
The first round of bootlegging patrols along the Missouri and Arkansas border came up dry last week, said a Benton County sheriff official.
Liquor store owners in Missouri warned customers to not purchase large amounts of alcohol and transport it back into Arkansas, said Sgt. Brandon Rogers, with the sheriff’s office.
The sheriff’s office decided to conduct the patrols after receiving complaints about people buying large quantities of alcohol out of state and transporting it back into Benton County, said Capt. Mike Jones.
Deputies with the Crime Suppression Unit and the DWI/DUI Task Force worked Thursday and Friday nights along U.S. 71 near the Missouri border. Deputies looked for vehicles carrying 30 or more cases of alcohol from Missouri back into Arkansas, he said.
The two-night mission sought to deter people from buying alcohol and reselling it in Arkansas, Jones said.
Deputies stopped several people along U.S. 71 who told them of the tip by the store owners, Rogers said. Deputies will wait a few weeks to resume the patrols, he added.
Arkansas Code 3-3-216 forbids the possession or sale of untaxed liquor. The statute states that it’s unlawful for any person to buy, sell or knowingly transport liquor from out of state into Arkansas. When the liquor is bought out of state, a practice known as “bootlegging,” the Arkansas excise tax has not been paid.
The Department of Finance and Administration is authorized under the state statute to assess taxes not paid on alcohol purchased out of state, said Robert Bushmiaer, manager of the Miscellaneous Tax Division. When law enforcement contacts the department about confiscated alcohol, the agency will pursue the unpaid taxes, Bushmiaer said.
Hard liquor is taxed $2.50 per gallon, beer is $7.50 per barrel, and wine is $0.75 per gallon, Bushmiaer said.
The department would only know if people aren’t paying Arkansas taxes on liquor if they’re arrested, said Martha Hunt, chief counsel for the revenue division of the Department of Finance and Administration.
Violation of the statute is a Class B misdemeanor, subject to a fine of $500 and up to 90 days in jail. A person found transporting liquor into Arkansas with intent to resell it could be convicted of a Class A misdemeanor, punishable by up to a year in jail and a fine up to $1,000.
There’s no quantity requirement under the state statute, said A.J. Anglin, assistant prosecuting attorney in Benton County. It doesn’t matter if it’s a single case of beer or 100 cases, Anglin said. Either is in violation of the law, he added.
Since April, the Rogers Police Crime Suppression Unit has busted three illegal beer houses and seized 200 cases of beer and about $1,500 in cash, according to police reports.
Benton County is a dry county, where no intoxicating liquor is sold in stores. Instead restaurants or bars can apply for a private club permit to sell alcoholic drinks.
People who sell alcohol out of these homes sell to both children and alcoholics, Jones said. The sheriff’s office will continue monitoring the transport of large quantities of liquor into the state, he added.
Roger Gildehaus, owner of Macadoodles in Missouri, said the Benton County sheriff’s office can do whatever it wants, but he advised deputies to stay off his property.
“I do what I got to do to protect my customers,” Gildehaus said.
He said he doesn’t agree with the focus on the stores near the Missouri border. Deputies should direct their attention farther south, he said.
Gildehaus said the people who buy larger quantities of alcohol are buying it in Washington County.
“We run a clean business,” Gildehaus said.
Fast Facts
Alcohol Sales in Arkansas
• 42 counties are dry, where alcohol cannot be sold without a permit. This includes Benton and Madison counties.
• 33 are wet with exceptions on the sale of alcohol. This includes Carroll and Washington counties.
• People can buy alcohol on Sundays in Eureka Springs. No alcohol is sold in Green Forest.
• There are several exceptions in Washington County where alcohol is not sold: Greenland, West Fork, Winslow, Prairie Grove and Farmington.
• It’s unlawful to sell intoxicating liquor on Christmas Day.
• The Arkansas state statue concerning the storage, possession and transportation of alcoholic beverages in a dry county was repealed in 2005.
Source: Arkansas Alcoholic Beverage Control Division Web site
Reader Comments (34 comment(s))
The following comments are provided by readers and are the sole responsibility of their authors. The Morning News does not review comments before their publication, nor do we guarantee their accuracy. By publishing a comment here you agree to abide by our comment policy. If you see a comment that violates our policy, please notify the web editor.
mole wrote on Oct 6, 2008 7:04 AM:
Good way to spend your tax dollar Benton County. Let Deputies sit in Missouri looking for little old ladies from Bella Vista buying liquor...WOW!
I bet I see Norwood in the news soon!!!
PS During briefing the deputies involved in this operation were told to only watch the package stores... "
troutjig wrote on Oct 6, 2008 7:19 AM:
opinionated_b wrote on Oct 6, 2008 8:00 AM:
scout65708 wrote on Oct 6, 2008 8:32 AM:
riptide wrote on Oct 6, 2008 8:59 AM:
golfer57 wrote on Oct 6, 2008 9:21 AM:
conchicki wrote on Oct 6, 2008 9:23 AM:
Our country is in serious need of an over haul. "
Beavis wrote on Oct 6, 2008 9:32 AM:
This operation is a huge waste of taxpayer's money. "
Bama Hog wrote on Oct 6, 2008 10:28 AM:
melter wrote on Oct 6, 2008 10:33 AM:
ahuntsi wrote on Oct 6, 2008 10:48 AM:
gatormamu wrote on Oct 6, 2008 10:59 AM:
7688 wrote on Oct 6, 2008 11:38 AM:
BCR wrote on Oct 6, 2008 12:43 PM:
Nice wrote on Oct 6, 2008 2:14 PM:
ashortcutie2005 wrote on Oct 6, 2008 2:24 PM:
abloger wrote on Oct 6, 2008 5:17 PM:
The press should FOI you and ask for all the stops you made on residents from Benton County, mostly Bentonville and Bella Vista residents.
It is well known that a certain Sheriff is a heavy beer drinker. Where does he buy his beer? "
recross1 wrote on Oct 6, 2008 5:45 PM:
Probably alot more than they do illegal immigrants and gang members and perverts etc...
This man is going after the southern bible thumpers vote.
To heck with what everyone really needs.to get rid of illegals,noooo lets go after alcohol purchased legally in another state and because we would rather enforce an antique law over the new ones and are to lazy to do our real job like bust perverts and meth labs and illegal gangs ,we will just sit and watch the stores and pull over law abidding citizens that are bringing a bottle or 2 to much alcohol back to benton c ounty (benton county where nothing matters but the vote) "
01FordGT wrote on Oct 7, 2008 10:37 AM:
PJ wrote on Oct 7, 2008 3:58 PM:
ozarks wrote on Oct 7, 2008 6:01 PM:
mole wrote on Oct 8, 2008 7:17 AM:
kferguson@co.benton.ar.us
anyone have his cell # "
ozarks wrote on Oct 9, 2008 11:47 AM:
Gramps wrote on Oct 10, 2008 6:11 AM:
gary wrote on Oct 10, 2008 7:38 PM:
Do any of you have any idea WHY Benton County is dry?
If you take a close look, you will see that we are surrounded by WET counties, with the exception of Madison.
Now if you stop and think about it, Benton County has tried to go WET several times but because of the monies from the WET counties, who would loose thousands upon thousands of dollars from the Bible Thumpers of Benton County (lol).
Untill we get enough people to vote us Wet, we'll have to put up with this type of crap. "
ozarks wrote on Oct 11, 2008 8:15 AM:
Not already registered?
Kevin H wrote on Oct 6, 2008 5:25 AM: