Why did the Arkansas AG keep rejecting Barry Emigh's proposed gambling-and-alcohol constitutional amendments?

Plain-English summary

Barry Emigh, a Little Rock resident, had submitted a series of proposed constitutional amendments authorizing local-option gambling combined with alcohol service. By the time of this opinion (January 19, 2017), this was his fourth submission. AG Leslie Rutledge rejected it again because the same fundamental drafting problems from his earlier submissions had not been fixed.

The proposal would have authorized local jurisdictions in Arkansas (county or municipality) to vote on gambling licensure for businesses with alcohol service through the Arkansas Racing Commission and Alcoholic Beverage Control Board. It defined a structured local-option ballot procedure with specific 30-day signature windows.

Currency note

This opinion was issued in 2017. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Arkansas voters subsequently approved Issue 4 in 2018 (the constitutional amendment authorizing four casino licenses at named locations) and a separate sports wagering measure. Arkansas's gambling framework has changed substantially since this opinion. Verify current Arkansas gambling law before relying on any aspect of this analysis.

The four core defects the AG flagged again

Defect 1: Self-executing contradiction. Section 12 of the proposal said it was "self executing." But the same proposal also required the General Assembly to enact implementing laws and to define eligibility requirements for gambling participants and operators. Those two propositions cannot both be true: a self-executing constitutional provision needs no implementing legislation. The AG had warned Emigh about this defect in three prior opinions and again in this one. Kurrus v. Priest, 342 Ark. 434 (2000), explained why this matters: "The voter should not have to be well versed in legal interpretation in order to decipher what is meant in a proposed constitutional amendment."

Defect 2: Vague licensing process. The amendment set up a "gambling license" issued by the Racing Commission, but the application and licensing process was undefined, with terms whose meanings were unclear. The AG concluded this would not satisfy the Supreme Court's requirement that voters understand the rights and privileges they're voting on.

Defect 3: Persistent grammatical errors. The AG noted again that the submission contained spelling, capitalization, syntax, and (especially) punctuation errors that created textual ambiguity. The non-standard section/subsection numbering made the document hard to follow, especially given the proposal's many internal cross-references.

Defect 4: Pattern of resubmission without fixing. This was Emigh's fourth submission. The AG had urged him repeatedly to seek experienced drafting help. The opinion does so again.

What the proposal would have done

For policy researchers tracking the substantive features:

• Authorizes local-option gambling combined with alcohol service in counties or municipalities
• Defines "license" as authorization from Arkansas Racing Commission to operate gambling, plus ABC Board authorization to serve open alcoholic beverages during gambling
• 30-day local signature windows for proponents and opponents to qualify a "measure" for the ballot
• Defines "structure" broadly to include any building, including waterborne structures with enclosed passageways
• Provides effective date January 1, 2019
• Provisions are severable; conflicts with prior law are repealed to extent of conflict

Common questions

Why does "self-executing" matter so much?
Because a self-executing constitutional provision creates rights the moment it's adopted, with no need for legislative action. A non-self-executing provision is more like a directive to the legislature. Courts apply the two categories differently, and voters need to know which one they're approving. Emigh's text claimed both, which leaves voters guessing about the post-passage timeline and the legislature's role.

Could Emigh fix this with one edit?
Section 12 contained both the "self-executing" language and the "laws may be enacted to facilitate its operation" language. Picking one and committing to it would be the cleanest fix. The AG repeatedly suggested seeking professional drafting help.

What other Emigh submissions appear in this AR series?
Op. Att'y Gen. 2017-016 (February 24, 2017) and 2017-019 (March 6, 2017) both concern Emigh casino/Fairplay Holdings amendments. Earlier rejections include Op. Att'y Gen. 2016-133. The opinion footnotes Op. Att'y Gen. 2010-033 for the rule that self-executing provisions cannot also delegate definitional authority to the legislature.

What does Kurrus v. Priest say?
The case stands for the rule that ballot titles cannot leave voters guessing about the law's effect. The court rejected a measure where voters would have had to be experts in the underlying subject area to know what they were voting on.

Background and statutory framework

Ark. Code Ann. § 7-9-107 implements Article 5, § 1 of the Arkansas Constitution. The AG can certify, substitute, or reject. Bailey v. McCuen, 318 Ark. 277 (1994), and Roberts v. Priest, 341 Ark. 813 (2000), are the workhorse standards. Kurrus v. Priest, 342 Ark. 434 (2000), and Dust v. Riviere, 277 Ark. 1 (1982), specifically address the voter-comprehension standard.

Self-executing constitutional provisions sit within the Griffin v. Rhoton doctrine: some provisions need supplemental legislation, others stand alone. A provision that purports to be self-executing while delegating definitional authority creates an internal inconsistency that doom any honest summary.

Citations

• Ark. Code Ann. § 7-9-107 (AG ballot-title certification authority)
• Ark. Code Ann. § 7-5-309 (five-minute voting-booth limit)
• Ark. Const. art. 5, § 1 (initiative and referendum)
• Bailey v. McCuen, 318 Ark. 277, 884 S.W.2d 938 (1994)
• Roberts v. Priest, 341 Ark. 813, 20 S.W.3d 376 (2000)
• Becker v. Riviere, 270 Ark. 219, 604 S.W.2d 555 (1980)
• Kurrus v. Priest, 342 Ark. 434, 29 S.W.3d 669 (2000)
• Dust v. Riviere, 277 Ark. 1, 638 S.W.2d 663 (1982)
• Lange v. Martin, 2016 Ark. 337
• Wilson v. Martin, 2016 Ark. 334
• Op. Att'y Gen. 2010-033 (self-executing provisions and legislative delegation)
• Op. Att'y Gen. 2016-133 (predecessor Emigh rejection)
• Op. Att'y Gen. 2015-106 (voter comprehension)
• Op. Att'y Gen. 2017-016 (subsequent Emigh casino/Fairplay rejection)
• Op. Att'y Gen. 2017-019 (later Emigh submission)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

Opinion No. 2017-001
January 19, 2017
Barry Emigh, Sponsor
1104 West Seventh Street
Hot Springs, AR 71913-4225
Dear Mr. Emigh:
STATE OF ARKAN SAS
ATTORNEY GENERAL
LESLIE RUTLEDGE
I am writing in response to your request for certification, pursuant to Ark. Code Ann. § 7-9-107 (Supp. 2015), of the popular name and ballot title for a proposed initiated measure. At the outset, I wish to make clear to you that the decision to certify or reject a popular name and ballot title is in no way a reflection of my view of the merits of a particular proposal. I am not authorized to, and do not, consider the merits of the measure when making my determination to certify or reject a popular name and ballot title. The Attorney General is required, pursuant to Ark. Code Ann. § 7-9-107, to certify the popular name and ballot title of all proposed initiative and referendum acts or amendments before the petitions are circulated for signature. The law provides that the Attorney General may, if practicable, substitute and certify a more suitable and correct popular name and ballot title. Or, if the proposed popular name and ballot title are sufficiently misleading, the Attorney General may reject the entire petition. Section 7-9-107 neither requires nor authorizes this office to make legal determinations concerning the merits of the act or amendment, or concerning the likelihood that it will accomplish its stated objective. In addition, consistent with Arkansas Supreme Court precedent, unless the measure is "clearly contrary to 323 CENTER STREET, SUITE 200 · LITTLE ROCK, ARKANSAS 72201 TELEPHONE (501) 682-2007 · FAX (501) 682-8084 AR.KANSASAG.GOV Barry Emigh, Sponsor Opinion No. 2017-001 Page 2 law,"1 this office will not require that a measure's proponents acknowledge in the ballot title any possible constitutional infirmities.2 Consequently, this review has been limited primarily to a determination, pursuant to the guidelines that have been set forth by the Arkansas Supreme Court, discussed below, of whether the popular name and ballot title you have submitted accurately and impartially summarize the provisions of your proposal. The purpose of my review and certification is to ensure that the popular name and ballot title honestl1', intelligibly, and fairly set forth the purpose of the proposed amendment or act. REQUEST You have requested certification, pursuant to Ark. Code Ann. § 7-9-107, of the following popular name and ballot title for a proposed constitutional amendment: Popular Name An Amendment to the Arkansas Constitution Legalizing Gambling with the Sale and Service of Open Alcoholic Beverages as a Local Ballot Measure Ballot Title Be it enacted by the people of the State of Arkansas. [sic] An amendment to the Arkansas Constitution. [sic] Whenever five (5%) percent of the qualified electors based on the total number of electors voting in the preceeding [sic] election for mayor in a city with a population greater than twenty eight thousand (28,000) people where the sale and service of open alcoholic beverages is permitted in any number of like cities, and or five (5%) percent of the qualified electors based on the total number of electors that voted for county judge in the preceeding [sic] election in a county where the sale and 1 See Kurrus v. Priest, 342 Ark. 434, 445, 29 S.W.3d 669, 675 (2000); Donovan v. Priest, 326 Ark. 353, 359, 931 S.W.2d 119, 121 (1996); Plugge v. McCuen, 310 Ark. 654, 841 S.W.2d 139 (1992). 2 As part of my review, however, I may address constitutional concerns for consideration by the measure's proponents. 3 See Arkansas Women's Political Caucus v. Riviere, 283 Ark. 463, 466, 677 S.W.2d 846 (1984). Barry Emigh, Sponsor Opinion No. 2017-001 Page 3 service of open alcoholic beverages is permitted in any number of like counties, shall file a petition with the city, or county, clerk within their respective jurisdiction asking that two (2) businesses be licensed to operate gambling which may be operated twenty four (24) hours a day, seven (7) days a week, with the sale and service of open alcoholic beverages during the time gambling is operated within the structure used to operate gambling within that jurisdiction the 'measure' shall be submitted to the qualified electors at the general election within that jurisdiction. The result of the vote upon a city or county 'measure' shall be canvassed and declared by the county election commissioners. After fifteen (15) days the results of the election shall be conclusive unless attacked in the courts. The General Assembly shall be required to authorized [sic] and fund the Arkansas Racing Commission to do as follows: Required to sell two (2) 'gambling licenses' for 'gambling' to be operated within those jurisdiction [sic] where the voters approved the ballot 'measure'; at the Arkansas Racing Commission's expense place a public notice in a state wide publication for those available licenses; time is of the essence, if there is only one applicant within fifteen ( 15) days no more application [sic] shall be accepted for on 'gambling license'. If the business is found to eligible after an investigation by the Arkansas Racing Commission a 'gambling license' shall be issued to that applicant; time is of the essence, if there are more than two (2) applicants applying for a 'gambling license' within fifteen (15) days of the first application being submitted no more applications will be accepted. After an investigation by the Arkansas Racing Commission a 'gambling license' shall be issued to one of those eligible businesses by a lottery drawing. The Arkansas Racing Commission shall be authorized to change the means by which a 'gambling license' is first issued. Immediately upon licensing by the Arkansas Racing Commission that business shall legally be authorized to operate and or subcontract "gambling' [sic] which may be operated twenty four (24) hours a day, seven (7) days a week, at the discretion of that business with the sale and service of open 'alcoholic beverages' during the time 'gambling' is operated within one 'structure' by that business within the jurisdiction of that city or county. Each business issued an original 'gambling license' by the Arkansas Racing Commission shall be required to pay the sponsor of the petition half (Yz) the cost to pay the canvassers to place the 'measure' on the ballot. No more than two (2) businesses shall be Barry Emigh, Sponsor Opinion No. 2017-001 Page 4 licensed to operate 'gambling' within any one jurisdiction at any time. The 'gambling license' shall be transferable to another 'business' and from them and so on with exception. The Arkansas Racing Commission shall be required to do an investigation of any business before a 'gambling license' can be issued, transfered [sic] and or subcontracted at a cost of fifteen hundred ($1,500) dollars per investigation to that business. The Arkansas Racing Commission shall be required to regulate gambling in any manner to exclude any limit on the number of pay to play games of chance with a winner and loser which may be operated by a 'gambling operator' other than for safety purposes. Any, and all, criminal offenses relating to 'gambling' shall be waived for this purpose. The provisions of this amendment shall not effect [sic] Oaklawn Race Track in Garland County nor [sic] Southland Race Park in Crittenden County. The General Assembly shall be empowered to do as follows; [sic] determine the eligibility requirements and restrictions for any business to operate and or subcontract 'gambling'; determine what crimes shall prohibit any 'business' and person(s) connected to a business from operating and or subcontracting 'gambling'; determine what crimes shall prohibit any person from being employed by a 'gambling operator' and or 'subcontractor'; shall be required to prohibit any monopoly on 'gambling'. The 'gambling operator' shall be required to do as follows: pay the State twenty one (21 %) percent of the 'gross income' from 'gambling' of which the State will pay one third Ch) to the county where gambling is operated in a city within that county, and half (Yi) that amount to a county when gambling is operated solely within the jurisdiction of that county; shall collect and pay the State eight (8%) percent of any winnings won from 'gambling' over the amount of twenty five hundred ($2,500) dollars; shall pay a licensing fee of seventy five thousand ($75,000) dollars a year to operate gambling; shall pay fifteen thousand ($15,000) dollars a year to sell and serve open alcoholic beverages; shall pay the State one hundred and twenty five ($125) dollars every six (6) months on each slot machine half (Yi) of which the State shall be required to pay to the jurisdiction where 'gambling' is operated; shall pay the State one hundred fifty ($150) dollars every six (6) months on each 'game table' half (Yi) of which the State shall be required to pay the jurisdiction where 'gambling' is operated' [sic]; the General Assembly shall be required to establish the payment schedule and guidelines on any tax, fee, or license. The Barry Emigh, Sponsor Opinion No. 2017-001 Page 5 Arkansas Racing Commission shall be authorized by all means to cease the operation of 'gambling' if at any time any payment or annual fee is delinquent. The General Assembly by a two third (¥J) vote, or roll call, of all its members in each house shall be empowered to change, or amend, the tax rates, fees and fines: [sic] there shall be no entry fee to enter the structure used to operate gambling. Any, and all, state and local laws, rules, regulations, taxes, fees, and permits of any kind, by any name, not provided in this amendment shall apply now and here after. Upon passage of this amendment the voters are aware and acknowledge the risk of gambling and alcohol addiction. 'Alcoholic beverage' means the sale and service of open alcoholic beverages of any kind, by any name, as regulated and controlled by the Alcoholic Beverage Control Board. 'Business' means any person(s), business, or corporation of any kind authorized by the Secretary of State's office to conduct business in the State not prohibited by State and or federal laws to operate gambling and or to sell and serve open alcoholic beverages. 'Gambling' means any pay to play game of chance with a winner and loser to include, but not limited to, cards, dice, roulette wheels used in any way and slot machines of any kind by any name permitted under federal laws, rules, and regulations. "Gambling'
[sic] with the sale and service of open 'alcoholic beverages" [sic] means the sale and service of open alcoholic beverages of any kind, by any name, during the time gambling is operated within the structure gambling is operated. 'Gambling operator' means any business licensed by the Arkansas Racing Commission to operate and or subcontract gambling which may be operated twenty four (24) hours a day, seven (7) days a week, within one structure and licensed by the Alcoholic Beverage Control Board to sell and serve open alcoholic beverages during the time gambling is operated within the structure used to operate gambling. 'Gambling license' means the authorization from the Arkansas Racing Commission for a business to operate and or subcontract gambling with the authorization from the Alcoholic Beverage Control Board to sell and serve open alcoholic beverages during the time gambling is operated in the structure used to operate gambling. 'Game table' means one game. 'Gross income' means the amount of money earned after any, and all, winnings are paid as a loss by the gambling operator. 'Measure' means the specific issue of gambling with the sale and service of open alcoholic beverages requiring the consent of the Barry Emigh, Sponsor Opinion No. 2017-001 Page 6 qualified electorate within a specified jurisdiction. 'Structure' means any building of any kind, of any size, with any number of floor and or additions attached to the building to include any structure of any kind, of any size, on water with enclosed passage ways attached to a building to be considered a single structure. 'Subcontractor' means any business contracted by a gambling operator to operate any part, or whole, of the gambling operation to include, but not limited to, security, operation and maintenance of gambling equipment, cleaning, and alcoholic beverage service. The provisions of this amendment shall be in lieu of Article 5, of the Arkansas Constitution related specifically to a local ballot 'measure' on gambling with the sale and service of open 'alcoholic beverages' and in no manner is intended to deprive the qualified electorate of their voting rights. The provisions of this amendment are severable, and if any should be held invalid, the remainder shall stand. The provisions of this amendment are self executing, and all its provisions shall be treated as mandatory, but laws may be enacted to facilitate its operation. All laws and constitutional provisions which conflict with this amendment are repealed to the extent they conflict with this amendment. The provisions of this amendment should be interpreted liberally with broad scope. The provisions of this amendment shall take effect on January 1st [sic], 2019. RESPONSE Once again, I am unable to proceed with a substantive, point-by-point review of your proposed constitutional amendment to permit gambling in connection with the sale and provision of alcohol in Arkansas and thus once more must reject your proposed popular name and ballot title. As with your previous submissions, there remain several fundamental ambiguities that must be resolved before I can undertake a studied, thorough review of your proposal. First, as with your three previous submissions that you have asked me to review, your current submission includes language stating that your proposed amendment is to be self-executing, but it also requires the General Assembly to enact laws to implement your amendment. In my opinions regarding your previous submissions, I explained to you that your submissions were flawed on that point because a document cannot be considered self-executing if it requires anything additional, such as subsequent legislation, to implement it or make it binding. As I have told you previously, this language is a fundamental problem with your Barry Emigh, Sponsor Opinion No. 2017-001 Page 7 proposal as written, and must be cured before any popular name and ballot title could be approved. One aspect of that problem found in your current submission is your proposal's requirement that the General Assembly define or determine eligibility requirements for people or businesses that would be connected to gambling under your measure. It also requires the General Assembly or certain state agencies to define other terms that are crucial to the implementation of your proposed measure. When a proposal purports to be self-executing, as yours does, this suggests the General Assembly will or should have no authority or opportunity to define words used in the proposal and otherwise clarify the rights and obligations affected by adoption of the proposal. Thus it is absolutely necessary and appropriate to consider whether voters will truly understand and appreciate the proposal as it is presented. 4 As a consequence of this ambiguity regarding the "self-executing" aspect of your proposal, I believe that the Arkansas Supreme Court would have deep, abiding concerns about the voters' ability to fully comprehend, understand, and appreciate the issues presented in your proposed amendment. 5 I will repeat what the Court has stated in this regard: The voter should not have to be well versed in legal interpretation in order to decipher what is meant in a proposed constitutional amendment. Placing the voter in a position of either having to be an expert in the [given] subject ... or having to guess as to the effect his or her vote would have is impermissible. This is precisely the dire straits in which the voter is placed by the uncertain language contained in this measure.6 Another baseline problem with your proposed constitutional amendment is the need for a clearer understanding of the process you attempt to set forth whereby 4 See Op. Att'y Gen. 2010-033. As I previously noted, your proposal, among other things, gives the General Assembly the authority and requirement "to enact any and all laws, rules, regulations
... as is necessary to implement this amendment." See Op. Att'y Gen. 2016-133. This language only adds to the ambiguous nature of your proposal's "self-executing" aspect. 5 See Op. Att'y Gen. 2015-106. 6 Kurrus, note 1 supra, 342 Ark. at 444, 29 S.W.3d at 674 (citing Dust v. Riviere, 277 Ark. 1, 638 S.W.2d 663 (1982)) (emphasis added). Barry Emigh, Sponsor Opinion No. 2017-001 Page 8 one may apply for and obtain a "gambling license." It will be critical to the sufficiency of a ballot title for your measure that voters have a very clear understanding of this process, and the rights and privileges in connection therewith. But several fundamental ambiguities in the text in this regard prevent me from undertaking a more thorough review of the measure at this time. For instance, the application and licensing process that your measure sets out is extremely vague and contains a number of terms whose meanings are unclear. It is highly unlikely that the Supreme Court would find this portion of your proposal as being sufficiently clear to voters to be adequately summarized in a ballot title. In addition, I have previously informed you several times that your submissions contained many grammatical errors in spelling, capitalization, syntax, and especially in punctuation that, if left uncorrected, will create considerable ambiguities in the text of your measure and will make it impossible for me to perform my statutory mandate with respect to your proposal. These issues persist with your current submission.7 Finally, in my previous opinions to you, I have urged you to seek the advice or assistance of someone experienced in drafting legislation, editing legal documents, or both. I must again reiterate that suggestion. CONCLUSION My office, in the certification of ballot titles and popular names, does not address the merits, philosophy, or ideology of proposed measures. I have no constitutional role in the shaping or drafting of such measures. My statutory mandate is embodied only in Ark. Code Ann. § 7-9-107, and my duty is to the electorate, a duty I take with the utmost seriousness. Based on what has been submitted, my statutory duty is to reject your proposed popular name and ballot title. Sincerely,
~- L· //~1='
LESLIE RUTLEDGE
Attorney General
Enclosure
7 I will also note here that the nonstandard way you have numbered or lettered the various sections and subsections of your proposal's text makes it difficult to follow, and thus fully understand, your measure. This is especially true in light of the number of times your proposal refers back to previous sections and subsections. Popular Name AN AMENDMENT TO THE ARKANSAS CONSTITUTION LEGALIZING GAMBLING WITH THE SALE AND SERVICE OF OPEN ALCOHOLIC BEVERAGES AS A LOCAL BALLOT MEASURE. Ballot Title BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARKANSAS. AN AMENDMENT TO THE ARKANSAS CONSTITUTION. WHENEVER FIVE (5%) PERCENT OF THE QUALIFIED ELECTORS BASED ON THE TOTAL NUMBER OF ELECTORS VOTING IN THE PRECEEDING ELECTION FOR MAYOR IN A CITY WITH A POPULATION GREATER THAN TWENTY EIGHT THOUSAND (28,ooo) PEOPLE WHERE THE SALE AND SERVICE OF OPEN ALCOHOLIC BEVERAGES IS PERMITTED IN ANY NUMBER OF LIKE CITIES, AND OR FIVE (5%) PERCENT OF THE QUALIFIED ELECTORS BASED ON THE TOTAL NUMBER OF ELECTORS THAT VOTED FOR COUNTY JUDGE IN THE PRECEEDING ELECTION IN A COUNTY WHERE THE SALE AND SERVICE OF OPEN ALCOHOLIC BEVERAGES IS PERMITTED IN ANY NUMBER OF LIKE COUNTIES, SHALL FILE A PETITION WITH THE CITY, OR COUNTY, CLERK WITHIN THEIR RESPECTIVE JURISDICTION ASKING THAT TWO (2) BUSINESSES BE LICENSED TO OPERATE GAMBLING WHICH MAY BE OPERATED TWENTY FOUR (24) HOURS A DAY, SEVEN (7) DAYS A WEEK, WITH THE SALE AND SERVICE OF OPEN ALCOHOLIC BEVERAGES DURING THE TIME GAMBLING IS OPERATED WITHIN THE STRUCTURE USED TO OPERATE GAMBLING WITHIN THAT JURISDICTION THE 'MEASURE' SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS AT THE GENERAL ELECTION WITHIN THAT JURISDICTION. THE RESULT OF THE VOTE UPON A CITY OR COUNTY 'MEASURE' SHALL BE CANVASSED AND DECLARED BY THE COUNTY ELECTION COMMISSIONERS. AFTER FIFTEEN (15) DAYS THE RESULTS OF THE ELECTION SHALL BE CONCLUSIVE UNLESS ATTACKED IN THE COURTS. THE GENERAL ASSEMBLY SHALL BE REQUIRED TO AUTHORIZED AND FUND THE ARKANSAS RACING COMMISSION TO DO AS FOLLOWS: REQUIRED TO SELL TWO (2) 'GAMBLING LICENSES' FOR 'GAMBLING' TO BE OPERATED WITHIN THOSE JURISDICTION WHERE THE VOTERS APPROVED THE BALLOT 'MEASURE'; AT THE ARKANSAS RACING COMMISSION'S EXPENSE PLACE A PUBLIC NOTICE IN A STATE WIDE PUBLICATION FOR THOSE AVAILABLE LICENSES; TIME IS OF THE ESSENCE, IF THERE IS ONLY ONE APPLICANT WITHIN FIFTEEN (15) DAYS NO MORE APPLICATION SHALL BE ACCEPTED FOR ONE 'GAMBLING LICENSE'. IF THE BUSINESS IS FOUND TO BE ELIGIBLE AFTER AN INVESTIGATION BY THE ARKANSAS RACING COMMISSION A 'GAMBLING LICENSE' SHALL BE ISSUED TO THAT APPLICANT; TIME IS OF THE ESSENCE, IF THERE ARE MORE THAN TWO (2) APPLICANTS APPLYING FORA 'GAMBLING LICENSE' WITHIN FIFTEEN (15) DAYS OF THE FIRST APPLICATION BEING SUBMITTED NO MORE APPLICATIONS WILL BE ACCEPTED. AFTER AN INVESTIGATION BY THE ARKANSAS RACING COMMISSION A 'GAMBLING LICENSE' SHALL BE ISSUED TO ONE OF THOSE ELIGIBLE BUSINESSES BY A LOTTERY DRAWING. THE ARKANSAS RACING COMMISSION SHALL BE AUTHORIZED TO CHANGE THE MEANS BY WHICH A 'GAMBLING LICENSE' IS FIRST ISSUED. IMMEDIATELY UPON LICENSING BY THE ARKANSAS RACING COMMISSION THAT BUSINESS SHALL LEGALLY BE AUTHORIZED TO OPERATE AND OR SUBCONTRACT "GAMBLING' WHICH MAY BE OPERATED TWENTY FOUR (24) HOURS A DAY, SEVEN (7) DAYS A WEEK, AT THE DISCRETION OF THAT BUSINESS WITH THE SALE AND SERVICE OF OPEN 'ALCOHOLIC BEVERAGES' DURING THE TIME 'GAMBLING' IS OPERATED WITHIN ONE 'STRUCTURE' BY THAT BUSINESS WITHIN THE JURISDICTION OF THAT CITY OR COUNTY. EACH BUSINESS ISSUED AN ORIGINAL 'GAMBLING LICENSE' BY THE ARKANSAS RACING COMMISSION SHALL BE REQUIRED TO PAY THE SPONSOR OF THE PETITION HALF (1/2) THE COST TO PAY THE CANVASSERS TO PLACE THE 'MEASURE' ON THE BALLOT. NO MORE THAN TWO (2) BUSINESSES SHALL BE LICENSED TO OPERATE 'GAMBLING' WITHIN ANY ONE JURISDICTION AT ANYTIME. THE 'GAMBLING LICENSE' SHALL BE TRANSFERABLE TO ANOTHER 'BUSINESS' AND FROM THEM AND SO ON WITH EXCEPTION. THE ARKANSAS RACING COMMISSION SHALL BE REQUIRED TO DO AN INVESTIGATION OF ANY BUSINESS BEFORE A 'GAMBLING LICENSE' CAN BE ISSUED, TRANSFERED AND OR SUBCONTRACTED AT A COST OF FIFTEEN HUNDRED ($1,500) DOLLARS PER INVESTIGATION TO THAT BUSINESS. THE ARKANSAS RACING COMMISSION SHALL BE REQUIRED TO REGULATE GAMBLING IN ANY MANNER TO EXCLUDE ANY LIMIT ON THE NUMBER OF PAY TO PLAY GAMES OF CHANCE WITH A WINNER AND LOSER WHICH MAY BE OPERATED BY A 'GAMBLING OPERATOR' OTHER THAN FOR SAFETY PURPOSES. ANY, AND ALL, CRIMINAL OFFENSES RELATING TO 'GAMBLING' SHALL BE WAIVED FOR THIS PURPOSE. THE PROVISIONS OF THIS AMENDMENT SHALL NOT EFFECT OAKLA WN RACE TRACK IN GARLAND COUNTY NOR SOUTHLAND RACE PARK IN CRITTENDEN COUNTY. THE GENERAL ASSEMBLY SHALL BE EMPOWERED TO DO AS FOLLOWS; DETERMINE THE ELIGIBIL TY REQUIREMENTS AND RESTRICTIONS FOR ANY BUSINESS TO OPERATE AND OR SUBCONTRACT 'GAMBLING'; DETERMINE WHAT CRIMES SHALL PROHIBIT ANY 'BUSINESS' AND PERSON(S) CONNECTED TO A BUSINESS FROM OPERATING AND OR SUBCONTRACTING 'GAMBLING'; DETERMINE WHAT CRIMES SHALL PROHIBIT ANY PERSON FROM BEING EMPLOYED BY A'GAMBLING OPERATOR' AND OR 'SUBCONTRACTOR'; SHALL BE REQUIRED TO PROHIBIT ANY MONOPOLY ON 'GAMBLING'. THE 'GAMBLING OPERATOR' SHALL BE REQUIRED TO DO AS FOLLOWS: PAY THE STATE TWENTY ONE (21%) PERCENT OF THE 'GROSS INCOME' FROM 'GAMBLING' OF WHICH THE STATE WILL PAY ONE THIRD (1/3) TO A CITY WHERE GAMBLING IS OPERATED, ONE THIRD (1/3) TO THE COUNTY WHERE GAMBLING IS OPERATED IN A CITY WITHIN THAT COUNTY, AND HALF (1/2) THAT AMOUNT TO A COUNTY WHEN GAMBLING IS OPERATED SOLELY WITHIN THE JURISDICTION OF THAT COUNTY; SHALL COLLECT AND PAY THE STATE EIGHT (8%) PERCENT OF ANY WINNINGS WON FROM 'GAMBLING' OVER THE AMOUNT OF TWENTY FIVE HUNDRED ($2,500) DOLLARS; SHALL PAY A LICENSING FEE OF SEVENTY FIVE THOUSAND ($75,000) DOLLARS A YEAR TO OPERATE GAMBLING; SHALL PAY FIFTEEN THOUSAND ($15,000) DOLLARS A YEAR TO SELL AND SERVE OPEN ALCOHOLIC BEVERAGES; SHALL PAY THE STATE ONE HUNDRED AND TWENTY FIVE ($125) DOLLARS EVERY SIX (6) MONTHS ON EACH SLOT MACHINE HALF (1/2) OF WHICH THE STATE SHALL BE REQUIRED TO PAY TO THE JURISDICTION WHERE 'GAMBLING' IS OPERATED; SHALL PAY THE STATE ONE HUNDRED AND FIFTY ($150) DOLLARS EVERY SIX (6) MONTHS ON EACH 'GAME TABLE' HALF (1/2) OF WHICH THE STATE SHALL BE REQUIRED TO PAY THE JURISDICTION WHERE 'GAMBLING' IS OPERATED'; THE GENERAL ASSEMBLY SHALL BE REQUIRED TO ESTABLISH THE PAYMENT SCHEDULE AND GUIDELINES ON ANY TAX, FEE, OR LICENSE. THE ARKANSAS RACING COMMISSION SHALL BE AUTHORIZED BY ALL MEANS TO CEASE THE OPERATION OF 'GAMBLING' IF AT ANYTIME ANY PAYMENT OR ANNUAL FEE IS DELI QUENT. THE GENERAL ASSEMBLY BY A TWO THIRD (2/3) VOTE, OR ROLL CALL, OF ALL ITS MEMBERS IN EACH HOUSE SHALL BE EMPOWERED TO CHANGE, OR AMEND, THE TAX RATES, FEES AND FINES: THERE SHALL BE NO ENTRY FEE TO ENTER THE STRUCTURE USED TO OPERATE GAMBLING. ANY, AND ALL, STATE AND LOCAL LAWS, RULES, REGULATIONS, TAXES, FEES, AND PERMITS OF ANY KIND, BY ANY NAME, NOT PROVIDED IN THIS AMENDMENT SHALL APPLY NOW AND HERE AFTER. UPON PASSAGE OF THIS AMENDMENT THE VOTERS ARE AWARE AND ACKNOWLEDGE THE RISK OF GAMBLING AND ALCOHOL ADDICTION. 'ALCOHOLIC BEVERAGE' MEANS THE SALE AND SERVICE OF OPEN ALCOHOLIC BEVERAGES OF ANY KIND, BY ANY NAME, AS REGULATED AND CONTROLLED BY THE ALCOHOLIC BEVERAGE CONTROL BOARD. 'BUSINESS' MEANS ANY PERSON(S), BUSINESS, OR CORPORATION OF ANY KIND AUTHORIZED BY THE SECRETARY OF STATE'S OFFICE TO CONDUCT BUSINESS IN THE STATE NOT PROHIBITED BY STATE AND OR FEDERAL LAWS TO OPERATE GAMBLING AND OR TO SELL AND SERVE OPEN ALCOHOLIC BEVERAGES. 'GAMBLING' MEANS ANY PAY TO PLAY GAME OF CHANCE WITH A WINNERAND LOSER TO INCLUDE, BUT NOT LIMITED TO, CARDS, DICE, ROULETTE WHEELS USED IN ANYWAY AND SLOT MACHINES OF ANY KIND BY ANY NAME PERMITTED UNDER FEDERAL LAWS, RULES, AND REGULATIONS. "GAMBLING' WITH THE SALE AND SERVICE OF OPEN 'ALCOHOLIC BEVERAGES" MEANS THE SALE AND SERVICE OF OPEN ALCOHOLIC BEVERAGES OF ANY KIND, BY ANY NAME, DURING THE TIME GAMBLING IS OPERATED WITHIN THE STRUCTURE GAMBLING IS OPERATED. 'GAMBLING OPERATOR' MEANS ANY BUSINESS LICENSED BY THE ARKANSAS RACING COMMISSION TO OPERATE AND OR SUBCONTRACT GAMBLING WHICH MAY BE OPERATED TWENTY FOUR (24) HOURS A DAY, SEVEN (7) DAYS A WEEK, WITHIN ONE STRUCTURE AND LICENSED BY THE ALCOHOLIC BEVERAGE CONTROL BOARD TO SELL AND SERVE OPEN ALCOHOLIC BEVERAGES DURING THE TIME GAMBLING IS OPERATED WITHIN THE STRUCTURE USED TO OPERATE GAMBLING. 'GAMBLING LICENSE' MEANS THE AUTHORIZATION FROM THE ARKANSAS RACING COMMISSION FOR A BUSINESS TO OPERATE AND OR SUBCONTRACT GAMBLING WITH THE AUTHORIZATION FROM THE ALCOHOLIC BEVERAGE CONTROL BOARD TO SELL AND SERVE OPEN ALCOHOLIC BEVERAGES DURING THE TIME GAMBLING IS OPERATED IN THE STRUCTURE USED TO OPERATE GAMBLING. 'GAME TABLE' MEANS ONE GAME. 'GROSS INCOME' MEANS THE AMOUNT OF MONEY EARNED AFTER ANY, AND ALL, WINNINGS ARE PAID AS A LOSS BY THE GAMBLING OPERATOR. 'MEASURE' MEANS THE SPECIFIC ISSUE OF GAMBLING WITH THE SALE AND SERVICE OF OPEN ALCOHOLIC BEVERAGES REQUIRING THE CONSENT OF THE QUALIFIED ELECTORATE WITHIN A SPECIFIED JURISDICTION. 'STRUCTURE' MEANS ANY BUILDING OF ANY KIND, OF ANY SIZE, WITH ANY NUMBER OF FLOORS AND OR ADDITIONS ATTACHED TO THE BUILDING TO INCLUDE ANY STRUCTURE OF ANY KIND, OF ANY SIZE, ON WATER WITH ENCLOSED PASSAGE WAYS ATTACHED TO A BUILDING TO BE CONSIDERED A SINGLE STRUCTURE. 'SUBCONTRACTOR' MEANS ANY BUSINESS CONTRACTED BY A GAMBLING OPERATOR TO OPERATE ANY PART, OR WHOLE, OF THE GAMBLING OPERATION TO INCLUDE, BUT NOT LIMITED TO, SECURITY, OPERATION AND MAINTENANCE OF GAMBLING EQUIPMENT, CLEANING, AND ALCOHOLIC BEVERAGE SERVICE. THE PROVISIONS OF THIS AMENDMENT SHALL BE IN LIEU OF ARTICLE 5 OF THE ARKANSAS CONSTITUTION RELATED SPECIFICALLY TO A LOCAL BALLOT 'MEASURE' ON GAMBLING WITH THE SALE AND SERVICE OF OPEN 'ALCOHOLIC BEVERAGES' AND IN NO MANNER IS INTENDED TO DEPRNE THE QUALIFIED ELECTORATE OF THEIR VOTING RIGHTS. THE PROVISIONS OF THIS AMENDMENT ARE SEVERABLE, AND IF ANY SHOULD BE HELD INVALID, THE REMAINDER SHALL STAND. THE PROVISIONS OF THIS AMENDMENT ARE SELF EXECUTING, AND ALL ITS PROVISIONS SHALL BE TREATED AS MANDATORY, BUT LAWS MAY BE ENACTED TO FACILITATE ITS OPERATION. ALL LAWS AND CONSTITUTIONAL PROVISIONS WHICH CONFLICT WITH THIS AMENDMENT ARE REPEALED TO THE EXTENT THEY CONFLICT WITH THIS AMENDMENT. THE PROVISIONS OF THIS AMENDMENT SHOULD BE INTERPRETED LIBERALLY WITH BROAD SCOPE. THE PROVISIONS OF THIS AMENDMENT SHALL TAKE EFFECT ON JANUARY iST, 2019. Be it enacted by the people of the State of Arkansas. An Amendment to the Arkansas Constitution. Section i. Gambling as a Ballot Measure.

1. Whenever five (5%) percent of the qualified electors in a city based upon the total number of electors
   that had voted in the preceeding election for mayor.
   (a). In a city with a population greater than twenty eight thousand (28,000) people. (b). In a city where the retail sale of 'alcoholic beverages' of any kind is licensed by the Alcoholic Beverage Control Board. (c). In any number of like cities in the state.
2. And or five (5%) percent of the qualified electors in a county based upon the total number of electors
   that had voted in the preceeding election for county judge.
   (a). In a county where the retail sale of 'alcoholic beverages' of any kind is licensed by the Alcoholic Beverage Control Board. (b). In any number oflike counties in the state.
3. Shall file a petition with the city or county clerk within their respective jurisdiction which shall
   substantially read as follows:
   "Be it enacted by the people of (name qfcjty. in the county of name qfcounty), or (name of county), as qualified electors within this jurisdiction by our signatures as hereto signed do petition the clerk to place on the general election ballot the measure to license two (2) businesses to operate gambling which may be operated twenty four (24) hours a day, seven (7) days a week, with the sale and service of open alcoholic beverages during the time gambling is operated within the structure used by each business to operate gambling within this jurisdiction as sponsored by (first and last name of sponsor)."
4. The petition shall have the full name of each elector clearly printed in a legible manner, address, date
   of birth, date of signing, and their signature with the notorized signature of the canvasser as the witness to the elector's signature.
5. Each person or group sponsoring a petition shall first file a copy of the petition, as provided in part 3
   of this Section, with the city or county clerk within the respective jurisdiction before canvassing any signatures. (a). The sponsor is the person filing the petition with the city or county clerk within the respective jurisdiction and may be different than the canvasser's name on a petition.
6. The sponsor must file the petition with the city or county clerk within the respective jurisdiction no
   earlier than ninety (90) days nor later than sixty ( 60) days prior to the general election at which it will be submitted to the voters. (a). To prevent any obstruction any number of sponsors may submit and combine their petitions at the time of submission to the city or county clerk within the respective jurisdiction. (b). The sponsor( s) shall be required to file any, and all, financial records of any money recieved and spent to canvass signatures to place the 'measure' on the ballot for the purpose of payment, as provided in part 3(f) of Section 2 of this Amendment.
7. The city or county clerk within that juridiction shall be required to canvass and declare the signatures
   as valid qualified electors within that jurisdiction in an expeditious manner.
8. If the number of signatures on a petition is found to be insufficient the city or county clerk shall notify
   the sponsor(s) of the petition without delay
   (b). The sponsor(s) shall have ten (10) days to amend and resubmit the petition with the necessary signatures of those qualified electors as needed.
9. Upon declaration of a valid petition the city or county clerk within the respective jurisdiction shall be
   required to submit the ballot 'measure' to the County Election Board to be placed on the general election ballot.
10. The county election commissioners shall be required to place the measure on the general election
    ballot for the electors within the respective jurisdiction of that city or county which shall substantially read as follows: "FOR, The licensing of two (2) businesses to operate gambling which may be operated twenty four (24) hours a day, seven (7) days a week, with the sale and service of open alcoholic beverages during the time gambling is operated within the structure used by each business to operate gambling within the city of (city name), or county of (county name). 11 ''AGAINST, The licensing of two (2) businesses to operate gambling which may be operated twenty four (24) hours a day, seven (7) days a week, with the sale and service of open alcoholic beverages during the time gambling is operated within the structure used by each business to operate gambling within the city of (city name), or county of (county name). 11 n. A notice of the petition must be published in a newspaper circulated within that juridiction at the sponsor's expense no later than ten (10) days prior to the election at which it will be place on the ballot to be submitted to the voters, or shall be voided, and no votes counted.
11. The result of the vote upon a city or county ballot 'measure' shall be canvassed and declared by the
    county election commissioners.
    1). The result shall be conclusive after fifteen (15) days unless attacked in the courts.
12. Once the results of the election are conclusive without attack in the courts the County Election
    Board shall be required to inform the Arkansas Racing Commission of the result in favor of the ballot measure.
13. If attacked in the courts. The County Election Board shall be required to inform the Arkansas
    Racing Commission of any court ruling in fav~r of the measure without delay. Section 2: The Arkansas Racing Commission i. The General Assembly shall be required to authorize and fund the Arkansas Racing Commission to do as follows: ' (a). Shall be required within ten (10) days after an election being declared conclusively in favor of the ballot 'measure' as provided in parts 14, 15 of Section I of this Amendment, to place a public notice in a state wide publication at the Arkansas Racing Commission's expense stating those two (2) 'gambling licenses' within that specified jurisdiction, as provided in part io of Section i of this Amendment, are available for licensing. (b). Immediately after publication shall accept the 'business' application(s) to license 'gambling'. (c). Time is of the essence. After fifteen (15) days of an application being submitted by a 'business'. If there is only one applicant for one of the available 'gambling license'. The Arkansas Racing Commission shall not accept any other applications for one of the available 'gambling license'. (ca). Immediately upon ceasing to accept any other applications for the one 'gambling license'. The Arkansas Racing Commission shall be required within one hundred and twenty (120) days to investigate the business, as provided in parts u, n(a)(h) et seq. of this Section. (cb). If found eligible the Arkansas Racing Commission shall be required to immediately issue that business a 'gambling license'. (cc). If found ineligible the Arkansas Racing Commission may provide the applicant an extension of time to resolve any problems, as provided in parts u(h)(k) et seq. of this Section. (cd). If again found ineligible the Arkansas Racing Commission shall immediately accept other applications. (d). Time is of the essence. If there are more than two (2) applicants for any one 'gambling license'. After fifteen (15) days from the date the first application was submitted. No other applications shall be accepted. (da). Immediately upon ceasing to accept any other applications the Arkansas Racing Commission shall be required within one hundred and twenty (120) days to investigate those businesses, as provided in parts 11, u(a)(h) et seq. of this Section. (db). Upon completion of an investigation if any one or more of the applicants are found to be ineligible the Arkansas Racing Commission may allow an extention oftime, as provided in parts n(h)(j) et seq. of this Section. (de). Within five (5) days after completion of all investigations or any extention of time the Arkansas Racing Commission shall be required to place those eligible businesses in a lottery. (dd). The Arkansas Racing Commission shall be required to immediately issue the winning lottery pick a 'gambling license'.
14. The Arkansas Racing Commission shall be authorized to amend and change the means by which
    those 'gambling licenses' are first issued, as provided in parts i, i(a),(b),(c)(ca)(cd) et seq, i, i(d)(da)(dd) et seq. of this Section.
15. Immediately upon licensing, as provided in parts i(cb), i(dd) of this Section, the business shall be
    legally authorized to operate and or subcontract 'gambling' as herein defined which may be operated twenty four (24) hours a day, seven (7) days a week, at the discretion of that business within one structure by that business within that jurisdiction. (a). Each 'gambling operator' shall be required to pay the state a licensing fee of seventy five thousand ($75,000.00) dollars a year to operate gambling. (b). No 'gambling license' shall be issued or renewed without payment in full. (c). There shall not be more than two (2) businesses licensed to operate 'gambling' within any one jurisdiction at any time. (d). No 'gambling' as provided in this Amendment shall be lawfull without a 'gambling license'. ( e). The Arkansas Racing Commission shall suspend the effective date on the issue of an original 'gambling license' up to, but not more than, one hundred and fifty (150) days upon request by the business to allow the business time to find a location within applicable zoning laws and to set up the gambling operation with a fee of five hundred ($500) dollars. No 'gambling' of any kind can be operated by the 'gambling operator' during that time. (f). Each business issued an original 'gambling license' by the Arkansas Racing Commission shall be required within thirty (30) days of being issued a 'gambling license' to pay the sponsor(s) of the petition half (1/2) the amount of any reasonable and fair amount paid to the canvassers to place the 'measure' on the ballot, as provided in part 6(b) of Section 1 of this Amendment. Only the required number of signatures to place the 'measure' on the ballot shall be counted for the purpose of payment. (g). The 'gambling operator' may move the 'gambling' operation with the sale and service of'alcoholic beverages' from one structure to another within the same jurisdiction, or add onto a structure, in accordance to any, and all, applicable zoning laws within that jurisdiction.
16. Each 'gambling operator' shall be required to pay the state twenty one (21%) percent of the 'gross
    income' from gambling.
    (a). The state shall be required to pay the city where 'gambling' is operated in that city one third (1/3) of the amount from the 'gross income' the 'gambling operator' paid the state within that jurisdiction. (b). The state shall be required to pay the county where 'gambling' is operated in a city within that county one third (1/3) of the amount from the 'gross income' the 'gambling operator' paid the state within that jurisdiction. (c). The state shall be required to pay the county where 'gambling' is operated in that county half (1/2) the amount from the 'gross income' the 'gambling operator' paid the state within that jurisdiction.
17. Each 'gambling operator' shall be required to collect and pay the state eight (8%) percent on any, and
    all, winnings over the amount of twenty five hundred ($2,500) dollars won by any person from 'gambling'.
18. Each 'gambling operator' shall be required to pay the state a permit fee of one hundred and twenty
    five ($125.00) dollars every six (6) months for each slot machine of any kind, by any name, used to 'gamble'. (a). The state shall be required to pay the jurisdiction where 'gambling' is operated half (1/2) of the amount from each permit the 'gambling operator' paid the state within that jurisdiction. (b). No permit to use a slot machine for the purpose of'gambling' shall be issued or renewed without payment in full. (c). No slot machine can be used for the purpose of gambling without a permit and 'gambling license'. (d). Upon expiration of a permit the 'gambling operator' may take the slot machine out of use. Shall take the slot machine off the floor away from public use, and shall be required to inform the Arkansas Racing Commission of the slot machine's removal from public use. The 'gambling operator' at any time may apply for a new permit. (e). The 'gambling operator' shall pay a fine of fifty ($50) dollars a day for any slot machine in violation of part 6( d) of this Section.
19. Each 'gambling operator' shall be required to pay a permit fee of one hundred and fifty ($150.00)
    dollars every six (6) months for each 'game table' of any kind, by any name, used to 'gamble'. (a). The state shall be required to pay the jurisdiction where 'gambling' is operated half (1/2) of the amount from each permit the 'gambling operator' paid the state within that jurisdiction. (b). No permit to use a 'game table' shall be issued or renewed without payment in full. (c). No 'game table' can be used for the purpose of gambling without a permit and 'gambling license'. (d). Upon expiration of a permit the 'gambling operator' may take the 'game table' out of use. Shall take the 'game table' off the floor away from public use, and shall be required to inform the Arkansas Racing Commission of the game table's removal from public use. The 'gambling operator' at any time may apply for a new permit. (e). The 'gambling operator' shall pay a fine of seventy five ($75) dollars a day for any 'game table' in violation of part 7(d) of this Section.
20. There shall be no admission and or entry fee of any kind, by any name, to enter the 'structure' used
    to operate 'gambling'.
21. The Arkansas Racing Commission within all means necessary shall be authorized to prohibit the
    'gambling operator' and or 'subcontractor(s)' from operating 'gambling' if at any time a payment, fee, or fine is over thirty (30) days deliquent, as provided in part 3(a), 4, 4(a)(b)(c), 5, 6, 6(e), 7, 7(e) of this Section. (a). After thirty (30) days of a 'gambling operator' being deliquent in payment, fee, or fine, as provided in part 9 of this Section, the Arkansas Racing Commission shall be required to revoke the 'gambling license' without compensation to the 'gambling operator'. (b). Within ten (10) days ofrevoking a 'gambling license' the Arkansas Racing Commission shall be required to place a public notice in a state wide publication at the Arkansas Racing Commission's expense stating that 'gambling license' within that specified jurisdiction is available for licensing. ( c). After publication shall offer the 'gambling license' as original, as provided in parts part 1, 1(b),(c)(ca)(cd) et seq, (d)(da)(dd) et seq. of this Section.
22. The 'gambling license' as provided in parts 3, 3(a)(g) et seq, of this Section and part 9(c) of this Section, shall be transferable from one business to another, and from them, and so on with an investigation,
    as provided in parts n, n(a)(k) et seq. of this Section.
    (a). The new business shall be required to pay a fee of one thousand ($1,000) dollars to transfer a 'gambling license'. (b). No 'gambling license' shall be transferred without payment in full. (c). No 'gambling license' shall be transferred without an investigation, as provided in part n, n(a)(k) et seq. of this Section. n. Unless otherwise provided for in this Amendment the Arkansas Racing Commission shall be required within one hundred and twenty (120) days to investigate any business, person(s) connected to a business, and employed by a business prior to issuing or transferring a 'gambling license' to include any business, person(s) connected to a business, and employed by a business prior to subcontracting any part of a gambling operation, as provided in parts 1, l(a)(d) et seq. of Section 5 of this Amendment. (a). Any person(s), or business, submitting an application to the Arkansas Racing Commission requiring an investigation for issuance or transfer of a 'gambling license' and or to subcontract 'gambling shall be required to pay a fee of fifteen hundred ($1,500.00) dollars and an additional fee of five hundred ($500.00) dollars for an extension of time. (b). No investigation shall be done nor any extention of time given without payment in full. (c). No 'gambling license' shall be issued, transferred nor any part of a gambling operation subcontracted without an investigation of those businesses, person(s) connected to those businesses, and employed by those businesses. (d). The Arkansas Racing Commission may request and the business applicant shall be required to provide without delay any information the Arkansas Racing Commission requests necessary to their investigation. (e). Every person employed by, or before being hired by, a 'gambling operator' or 'subcontractor' shall be required to have a back ground check. The cost of a back ground check shall be at the gambling operator's or subcontractor's expense. (f). All back ground checks shall be submitted to the Arkansas Racing Commission for verification. (g). Anyone found to be ineligible shall not be hired. Those person(s) employed by a 'gambling operator' or 'subcontractor' found to be ineligible or become ineligible shall be dismissed immediately. (h). At the conclusion of an investigation within the time allowed the Arkansas Racing Commission shall be required to approve the applicant if clear of any problems or in writing state the problems to the applicant. (i). Time is of the essence. The Arkansas Racing Commission by majority vote of all its members may allow at their discretion not more than twenty (20) days for the person(s), or business, to resolve any problems. (j). The findings of the Arkansas Racing Commission shall be final. (k). Applications may be resubmitted with changes.
23. The Akansas Racing Commission shall be required to regulate 'gambling' in any manner to include
    age restrictions, but shall not be authorized to limit the number of pay to play games of chance with a winner and a loser which may be operated by a licensed business or subcontractor to operate 'gambling' within the 'structure' used to operate 'gambling' except by room capacity, room size, and aisle widths to include, but not limited to, emergency exits for safety purposes.
24. Any business licensed to operate "gambling' with the sale and service of open 'alcoholic beverages",
    as provided in part 3 of this Section, shall be zoned as a retail business selling 'alcoholic beverages' to the public.
25. It shall be permissable within, or within any structure attached to, the 'structure' used to operate
    'gambling' with any, and all, licenses, fees, and permits separate from this Amendment for the 'gambling operator' to: (a). Sell, serve, and prepare food with the sale and service of'alcoholic beverages'. (b). Provide entertainment venues with the sale and service of open 'alcoholic beverages'. ( c). Provide hotel accommodations being transient or temporary housing for guests with or without a kitchen. Section 3: Legalized Gambling
26. Any, and all, criminal offenses relating to 'gambling' shall be waived for the purpose of this
    Amendment to include, but not limited to, 5-66-103, 108 et seq. 5-66-no, 55-66-n2 on gambling houses, gambling devices, financing, betting, search warrants, buildings and vessels, and card games.
27. The provisions of this Amendment shall in no manner effect Oaklawn Race Track in Garland County
    nor Southland Race Park in Crittenden County.
    Section4: The Alcoholic Beverage Control Board
28. The General Assembly shall be empowered and required to authorize and fund the Alcoholic
    Beverage Control Board to do as follows:
29. Shall immediately be required to license the business licensed to operate 'gambling', as provided in
    part 3 of Section 2 of this Amendment, to legally sell and serve open 'alcoholic beverages' during the time 'gambling' is operated within the 'structure' used to operate 'gambling' which may be subcontracted by the 'gambling operator'.
30. Each 'gambling operator' shall be required to pay the state a licensing fee of fifteen thousand
    ($15,000.00) dollars a year to sell and serve open 'alcoholic beverages'. (a). No license to sell and serve open 'alcoholic beverages' shall be issued or renewed without payment in full. (b). No sale or service of 'alcoholic beverages' as provided in this Amendment shall be lawfull without a 'gambling license'. (c). The sale and service ofopen 'alcoholic beverages' shall only be lawfull during the time 'gambling' is operated with the structure used to operate 'gambling'.
31. The license to sell and serve open 'alcoholic beverages' shall be transferable with the 'gambling
    license' from one business to another, and from them, and so on, as provided in part 10 of Section 2 of this Amendment.
32. Shall be required to enforce any, and all, laws, rules, and regulations to include age restrictions on the
    sale and service of open 'alcoholic beverages' not provided in this Amendment now and here after. Section 5: The General Assembly. i. The General Assembly shall be empowered and required to do as follows: (a). Determine the eligibilty requirements and or restrictions of any person, or business, or person(s) employed by a business to operate and or subcontract 'gambling' as defined herein. (b). Determine what crimes and what level of crimes shall prohibit a person, business, or person connected to a business from operating and or subcontracting 'gambling'. (c). Determine what crimes and what level of crimes shall prohibit a person from being employed by a 'gambling operator' and or 'subcontractor'. (d). To prohibit any monopoly on 'gambling' by any person, business, or person connected to a business licensed, or to be licensed to operate gambling, or by transfer of a 'gambling license', and or by subcontracting any part, or whole, of a gambling operation. (e). The General Assembly shall be required to establish, amend, and change the time schedules and guidelines for any payment, fee, and fine, as provided in parts 3(a)(e), 4, 4(a)(b)(c), 5, 6, 6(a)(e), 7, 7(a)(e) of this Section. (f). The General Assembly shall be empowered by a two third vote, or roll call, of all its members in each House to amend, change, or adjust the tax rates, fees, and fines, as provided in parts 3(a)(e), 4, 4(a)(b)(c), 5, 6, 6(a)(e), 7, 7(a)(e) of Section 2 of this Amendment. Section6: Acknowledgement of Risk
33. Upon passage of this amendment the qualified electors are aware, acknowledge, and have consider the
    risk of addiction to both gambling and alcohol associated with the operation of gambling as provided in this Amendment. Section 7: Definitions. i. As used in this Amendment: (a). 'alcoholic beverage' means the sale and service of open alcoholic beverages of any kind, by any name, as regulated and controlled by the Alcoholic Beverage Control Board. (b). 'business' means any person(s), business, partnership, or corporation of any kind authorized by the Secretary of State's Office to conduct business in the state not prohibited by state and or federal laws, rules, and or regulations to operate gambling nor prohibited from selling and serving open alcoholic beverages of any kind. (c). 'gambling' means any pay to play game of chance with a winner and a loser to include, but not limited to, the use of cards, dice, roulette wheels used in any way and slot machines of any kind, by any name, legally permitted under federal laws, rules, and regulations. (d). "gambling' with the sale and service of open 'alcoholic beverages" means the sale and service of open alcoholic beverages of any kind, by any name, by a gambling operator and or subcontractor during the time gambling is operated within the structure used to operate gambling. (e). 'gambling operator' means any business licensed by the Arkansas Racing Commission to operate and subcontract gambling which may be operated twenty four (24) hours a day, seven (7) days a week, at the discretion of that business with the sale and service of open alcoholic beverages during the time gambling is operated within the one structure used to operate gambling by that business within the jurisdiction of a city or county with ballot approval of the electors. (f). 'gambling license' means the authorization from the Arkansas Racing Commision for a business to operate gambling with the authorization and licensing by the Alcoholic Beverage Control Board to sell and serve open alcoholic beverages during the time gambling is operated within the structure used to operate gambling. (g). 'game table' means one table used for each game to include, but not limited to, cards, dice, and roulette wheels. (h). 'gross income' means the amount of money earned from gambling after any, and all, winnings are paid as a loss from the gambling operator. (i). 'measure' means the specific issue of "gambling' with the sale and service of open 'alcoholic beverages" requiring consent by the qualified electors within a specified jurisdiction on an election ballot. (j). 'structure' means any building of any kind, of any size, with any number of floors, and or additions to that building, to include any building or structure of any kind on water with enclosed passage ways attached to a building to be considered a single structure. (k). 'subcontractor' means any business contracted by a gambling operator to operate any part, or whole, of the gambling operation to include, but not limited to, security, operation and maintenance of gambling equipment, accounting, cleaning services, and alcoholic beverage service. Section 8: Effect on other constitutional provisions. The provisions of this amendment shall be in lieu of those provisions of Article 5 of the Constitution of the State of Arkansas relating to a local ballot 'measure'. (a). The provisions of this Amendment specifically relate to "gambling' with the sale and service of open 'alcoholic beverages" as a local ballot 'measure'. (b). The provision of this Amendment in no manner are intended to deprive the qualified electors of their voting rights at the ballot. Section 9: Severability. The provisions of this Amendment are severable, and if any should be held invalid, the remainder shall stand. Section 10: Self-Executing. The provisions of this Amendment shall be self executing, and all its provisions shall be treated as mandatory, but laws may be enacted to facilitate its operation. Section 11: Application All laws, and constitutional provisions, which conflict with this Amendment are repealed to the extent they conflict with this amendment. (a). The provisions of this Amendment should be interpreted liberally with broad scope. (b). The provisions of this Amendment shall take effect on January ist, 2019.