Why did the Arkansas AG reject Barry Emigh's roughly 3,000-word casino ballot title?

Plain-English summary

Barry Emigh, a frequent ballot-initiative sponsor, submitted a popular name and ballot title for a proposed constitutional amendment that would have authorized casino gambling tied to a "Fairplay Holdings Ballot Question Committee" (BQC), with detailed provisions for alcoholic beverage sales, racing commission licensing, taxes and fees, and criminal background checks for licensees.

Attorney General Leslie Rutledge rejected the submission for the following reasons stated in this opinion:

1. Ballot title length. Emigh's title was approximately 3000 words. The longest title the Arkansas Supreme Court has ever approved was 994 words in Walker v. Priest (2000), and the Court warned even there that 994 "staked out the outer limits for length and complexity." The AG found this title too lengthy and complex.

2. Underlying complexity. The AG could not draft a faithful, brief summary of a proposal that was itself sprawling and internally inconsistent. The substitute-and-certify authority under § 7-9-107(b) does not let her rewrite the underlying amendment, only the title.

3. Enacting clause. The proposal included the enacting clause required for initiated bills, although it was presented as a constitutional amendment. The AG said that could confuse voters about what they were considering and would not approve a title for the amendment with that clause. She urged Emigh to address the proposal's problems and substantially reduce the title's length and complexity before resubmitting.

The opinion cites earlier Emigh submissions but makes no finding that the Fairplay Holdings committee received an unlawful special privilege. Its conclusion concerns the enacting clause, the title's length and complexity, and ambiguities in the proposal.

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.

Common questions

Q: Why is 3000 words too long when 994 was approved?
A: The AG compared the proposed title with the 994-word title approved in Walker, which the court called the outer limit of length and complexity. She found Emigh's approximately 3000-word title too long and complex to certify.

Q: Could the AG just trim the title for him?
A: No. The AG can substitute a more suitable title under § 7-9-107(b), but only when she can write one that fairly summarizes the proposal. When the proposal is itself sprawling and ambiguous, no shorter title can capture it accurately. The AG cannot redraft the amendment.

Q: Did the AG decide whether the casino amendment itself was a good idea? A: No. The opinion says certification or rejection of a ballot title does not reflect the AG's view of the proposal's merits.

Background and statutory framework

Arkansas's ballot-title certification process is structured to filter out unworkable initiatives before circulation. The cost of a rejection is low; the cost of clearing AG certification but failing in court after circulation is high. So even a frustrated sponsor benefits from the AG's pre-circulation review.

The Emigh casino opinions are useful templates for understanding the boundary between rejection-for-length and rejection-for-substance. The AG cited length first, but the deeper issue was that the underlying amendment was too complex and internally inconsistent to permit any faithful brief title.

Citations

• Ark. Code Ann. § 7-9-107
• Ark. Code Ann. § 7-5-309
• Walker v. Priest, 342 Ark. 410 (2000)
• Bailey v. McCuen, 318 Ark. 277 (1994)
• Roberts v. Priest, 341 Ark. 813 (2000)

Source

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

Original opinion text

Opinion No. 2017-016
February 24, 2017
Barry Emigh, Sponsor
1104 West Seventh Street
Hot Springs, AR 71913-4225
Dear Mr. Emigh:
STATE OF ARKANSAS
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 ARKANSASAG.GOV Barry Emigh, Sponsor Opinion No. 2017-016 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 honestly, intelligibly, and fairly set forth the purpose of the proposed amendment or act. 3 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, Service, and Complimentary Service of Open Alcoholic Beverages to the Public as a Local Ballot Measure Ballot Title Be it enacted by the people of the State of Arkansas. An amendment to the Arkansas Constitution. Within Thirty (30) days after the effective date of this amendment [sic] the Arkansas Ethics Commission shall be required to provide the Arkansas Racing Commission with the full list of those named as director, officer, and or member on the Statement of Organization with the Ballot Question Committee named 'Fair Play Holdings' last filed with 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. 2017-016 Page 3 Arkansas Ethics Commssion [sic] before the general election at which this amendment appeared. For the purpose of this amendment each person, or person not an individual, named as a director, officer, and or member with the Ballot Question Committee named 'Fair Play Holdings' in qualifying, and passing, this amendment shall be called a BQC member. The authority of the BQC members shall include initiating a local ballot 'measure' to operate 'gambling', applying for an original 'gambling license', and if eligible after a criminal investigation by the Arkansas Racing Commission to operate 'gambling'. The authority, and name, of the BQC member(s) as provided in this amendment shall be transferable with, or without sale, from a person(s), or business, to another person(s), or business, and so on even upon death of a person to their heirs, and so on without cost, or fee. The transfer of a name, and authority, of a BQC member being a person(s), or busiiness [sic], to another person(s), or business, for the purpose of this amendment shall still be called a BQC member. Unless otherwise provided in this amendment [sic] whenever three (3%) percent of the qualified electors based on the total number of electors voting in the preceeding [sic] election for mayor, in any city with a population greater than twenty eight thousand (28,000) people, where the public sale, and service, of open alcoholic beverages is permitted, in any number of like cities, and or three (3%) percent of the qualified electors based on the total number of electors that voted for county judge in the preceeding [sic] election, in any county where the public 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, "not less than two, nor more than (number of.), businesses be licensed to operate gambling which may be operated twenty four (24) hours a day, seven (7) days a week, with the sale, service, and complimentary service of open alcoholic beverages to the public during the time gambling is operated within the 'structure' used to operated gambling", the 'measure' shall be submitted to the qualified electors at the general election within that jurisdiction. There shall not be less, nor more, than two (2) 'number of businesses licensed to operate 'gambling' on a petition in any city with a population greater than twenty eight thousand (28,000) people, but less than sixty eight thousand (68,000) people. There shall not be less than two (2), nor more than three (3), 'number of businesses licensed to operate Barry Emigh, Sponsor Opinion No. 2017-016 Page4 'gambling' on a petition in any city with a population greater than sixty eight thousand (68,000) people. There shall not be less than two (2) nor more than (3), 'number of businesses licensed to operate 'gambling' on a petition in any county. Only a BQC member may file, and sponsor, a petition on a local ballot 'measure' for 'gambling' with the city, or county, clerk for this purpose. The BQC member as the sponsor of a petition shall detemine [sic] the 'number of businesses to be licensed on a petition. 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 Arkansas Racing Commission shall be required to do as follows: Unless otherwise provided in this Amendment shall immediately be required up to, but not more than, one hundred and eighty (180) days after the conclusion of a favorable ballot 'measure' accept only the application(s) from the BQC member(s) to issue those 'gambling licenses' for 'gambling' to be operated within those jurisdiction [sic] where the voters approved the ballot 'measure' at that time; time is of the essence, if there is only one applicant within fifteen (15) days no more application [sic] shall be accepted for one 'gambling license': if the applicant is found to be eligible after a criminal 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 nor more applications will be accepted; if the applicants are found to be eligible after a criminal investigation by the Arkansas Racing Commission a 'gambling license' shall be issued to one of those eligible applicants by a lottery drawing. The Arkansas Racing Commission shall be authorized to change the means by which a 'gambling license' is originally issued, and or reissued. After one hundred and eighty (180) days after conclusion of a favorable ballot result the Arkansas Racing Commission shall be required upon public notice in a State wide newspaper at the Arkansas Racing Commission's expense to issue without delay any available 'gambling license' to the public not issued to a BQC member at that time in the same manner as an original 'gambling license' is issued. Unless otherwise provided in this amendment
[sic] upon licensing by the Arkansas Racing Commission that
person(s), or business, shall immediately be authorized to operate Barry Emigh, Sponsor Opinion No. 2017-016 Page 5 "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 public sale, service, and complimentary 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. The 'gambling license' shall be transferable after a criminal investigation to another person(s), or business, and from them, and so on. No person(s), or business, shall be bound to a 'gambling license'. A 'gambling license' may be relinquished to avoid further licensing fees. The 'gambling operator' shall be required to be licensed to sell, serve, and serve complimentary open alcoholic beverages to the public to operate 'gambling'. The alcoholic beverage control board shall be required to license a licensed 'gambling operator' to sell, serve, and serve complimentary open alcoholic beverages to the public during the time 'gambling' is operated within the 'structure' used to operate 'gambling'. The Alcoholic Beverage Control Board shall forego licensing if the person(s), or business, is already licensed to sell, and serve, open 'alcoholic beverages' to the public within the structure used to operate gambling. The General Assembly shall be required to fund the Arkansas Racing Commission, the Alcoholic Beverage Control Board, the Arkansas Ethics Commission, and the Department of Finance and Administration to facilitate the operation of this amendment. The General Assembly is required to further enact any, and all, laws to facilitate the operation of this amendment. Unless otherwise provided in this amendment [sic] 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, and fee, rates as provided in this amendment. The General Assembly shall not be empowered to raise, nor decrease, any permit fee, and or any other fee, as provided in this amendment by more than three (3%) percent during any one regular session of the General Assembly. The General Assembly shall not be empowered to raise, nor decrease, the gaming tax on the 'gross income' from 'gambling' as provided in this amendment by more than a quarter of one (.25%) percent during any one regular session of the General Assembly. The General Assembly shall be empowered to tax any amount of winnings won by any person as taxable income in the same manner as all personal income. The General Assembly shall be empowered to establish the amount, tax rate, and guide lines [sic] on any amount Barry Emigh, Sponsor Opinion No. 2017-016 Page 6 of money the 'gambling operator' shall be required to immediately with hold [sic] on any winnings won by any person from 'gambling' as taxable income. Unless otherwise provided in this amendment
[sic] the Department of Finance and Administration shall be required to do as follows: collect a gaming tax of twenty one [sic] (21 %) percent from each 'gambling operator' from the 'gross income from 'gambling' [sic]; pay the city one third (1/3) of the gaming tax where 'gambling' is operated, pay the county one third (1/3) of the gaming tax where 'gambling' is operated in a city within that county, pay the county half (1/2) of the gaming tax when 'gambling' is operated solely within the county; collect an income tax on any winnings won by any person; collect a permit fee of fifty ($50) dollars every 4 months on each slot machine; pay the city one third (1/3) of the slot machine permit fee where 'gambling' is operated, pay the county one third (1/3) of the slot machine permit fee where 'gambling' is operated in a city within that county, pay the county half (1/2) of the slot machine permit fee when 'gambling' is operated solely within the county; collect a permit fee of sixty ($60) dollars every four months on each 'game table'; pay the city one third (113) of the 'game table' permit fee where 'gambling' is operated, pay the county one third (1/3) of the 'game table' permit fee where 'gambling' is operated in a city within that county, pay the county half (1/2) of the 'game table' permit fee when 'gambling' is operated solely within the county. Unless otherwise provided in this amendment the 'gambling operator' shall be authorized, and required, to collect, and with hold [sic], an income tax on any winnings won by any persons to be paid to the Department of Finance and Administration. Unless otherwise provided in this amendment [sic] there shall be no other tax on the income earned from 'gambling' by a 'gambling operator', any tax on any winnings win [sic] by any person, nor any other fee, or permit, on any equipment used to operate 'gambling'. There shall be no admission fee to enter the structure used to operate 'gambling'. The Department of Finance and Administration shall be required upon application, and payment, to issue, or reissue, the 'gambling operator' a permit on any slot machine, and or 'game table'. The Department of Finance and Administration shall be required to establish the time schedule, and guide lines [sic], for payment of any tax, and fee, and authorized to establish any penalty, and fine, for any delinquent payment, and or, non-permitted use of any gambling Barry Emigh, Sponsor Opinion No. 2017-016 Page 7 equipment to include revoking a license for numerous, and flagrant, violations to include non payment [sic] on a 'gambling license'. Unless otherwise provided in this amendment the Arkansas Racing Commission shall be required to do as follows: Collect a licensing fee of sixty thousand ($60,000.) dollars from each 'gambling operator' to operate 'gambling' each year.; [sic] to pay half (112) of the licensing fee to the jurisdiction where 'gambling' is operated; collect a non refundable [sic] fee of twenty five hundred ($2,500.) dollars for a criminal investigation by the Arkansas Racing Commission; collect a transfer fee of one thousand ($1,000.) dollats
[sic] to transfer a 'gambling license' from a person(s), or business, to another person(s), or business. Unless otherwise provided in this amendment the Alcoholic Beverage Control Board shall be required to do as follows: Collect a licensing fee of twelve thousand ($12,000.) dollars from each 'gambling operator' each year to sell, serve, and serve complimetary [sic] alcoholic beverages during the time 'gambling' is operated in the structure used to operate 'gambling'; pay half (1/2) the licensing fee to the jurisdiction where 'gambling' is operated; collect a transfer fee of one thousand ($1,000.) dollars to transfer an 'alcoholic beverage control license' with the 'gambling license'. There shall be no tax of any kind on any complimentary alcoholic, or non alcoholic [sic] beverage served, or provided, during the time 'gambling' is operated within the 'structure' used to operate 'gambling'. Unless otherwise provided in this amendment [sic] any, and all, existing laws, rules, regulations, taxes, penalties, and age restrictions on the sale, service, and service of complimemtary [sic] open 'alcoholic beverages' to the public shall apply now, and here after. The Arkansas Racing Commission shall be authorized by a majority vote of all its members to do as follows: Determine what crimes, and what level of crimes, greater than a misdemeanor shall prohibit any business, and person(s), connected to a person, or business, from operating 'gambling'; determine what crimes, and what level of crimes, greater than a misdemeanor shall prohibit any person from being employed by a 'gambling operator'; determine what crimes, and what level of crimes, warrants revoking a 'gambling license'; to determine the definition of a monopoly, and by that definition be required to prohibit any monopoly on 'gambling'. Unless otherwise provided in this amendment [sic] the Arkansas Racing Commission shall be authorized to regulate gambling in any manner to include, but not Barry Emigh, Sponsor Opinion No. 2017-016 Page 8 limited to, age restriction, fines, penalties, and revoking a 'gambling license' for numerous, and flagrant, violations. The Arkansas Racing Commission shall not be authorized to limit the number of slot machines, and 'game tables', which may be operated by a 'gambling operator' other than for safety purposes. The Arkansas Racing Commission shall be authorized to collect any tax, and fine, in any manner necessary, and enforce any penalty. The Arkansas Racing Commission shall be required to do as follows: To do a criminal investigation within one hundred and twenty (120) days on any person(s), business, person(s) connected to a business, and employed by a person(s), or business, prior to issuing or transferring a 'gambling license'. Unless otherwise provided in this amendment at the conclusion of a criminal investigation to find a person eligible, or ineligible, to operate 'gambling'. The Arkansas Racing Commission shall be required to reissue without delay any 'gambling license' to include an 'alcoholic beverage control license' revoked, or relinquished. Unless otherwise provided in this amendment [sic] the Arkansas Racing Commission shall be required to publish the availability of any 'gambling license' which shall include the 'alcoholic beverage control license' in a state wide newspaper at the Arkansas Racing Commission's expense. Immediately upon publication shall accept the application(s) of any person(s), or business(es) [sic], to issue both the 'gambling license' and 'alcoholic beverage control license' together. Upon acceptance of those applications [sic] shall issue a 'gambling license' in the same manner as an original 'gambling license' is issued to include the 'alcoholic beverage control license'. Upon reissue both the 'gambling license' and 'alcoholic beverage control license' shall be transferable with, or without, sale to any person(s), or business, with a criminal investigation. Upon passage of this amendment [sic] the voters are aware, and acknowledge, the risk of gambling and alcohol addiction. 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. 'Alcoholic
beverage control license' means the authorization from the
Alcoholic Beverage Control Board to sell, serve, and serve
complimentary open alcoholic beverages of any kind, by any name, to the public as regulated, and controlled, by the Alcoholic Beverage Control Board. 'Gambling' means any pay to play game of chance Barry Emigh, Sponsor Opinion No. 2017-016 Page 9 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 operator' means any person(s), or business, licensed by the Arkansas Racing Commission to operate 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, serve, and serve complimentary open alcoholic beverages to the public 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 person(s), or business, to operate gambling with the authorization from the Alcoholic Beverage Control Board to sell, serve, and serve complimentary open alcoholic beverages to the public during the time gambling is operated in the structure used to operate gambling. 'Game table' means one dealer, or game operator, with numerous players to include, but not limited to, cards, dice, and roulette wheels. 'Gross income' means the amount of money earned after any, [sic] and all winnings are paid as a loss by the gambling operator. 'Measure' means the specific issue of gambling with the sale, service, and complimentary service of open alcoholic beverages to the public requiring the consent of the qualified electors 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. 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, service, and complimentary service of open 'alcoholic beverages' to the public. The provisions of this amendment in no manner are intended to deprive the qualified electors 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 [sic] are repealed to the extent they conflict with this amendment. The provisions of this amendment should be Barry Emigh, Sponsor Opinion No. 2017-016 Page 10 interpreted liberally with board scope. The prov1s10ns of this amendment shall take effect on January 1st, 2019. RESPONSE The popular name is primarily a useful legislative device.4 It need not contain detailed information or include exceptions that might be required of a ballot title, but it must not be misleading or give partisan coloring to the merit of the proposal. 5 The popular name is to be considered together with the ballot title in determining the ballot title's sufficiency.6 The ballot title must include an impartial summary of the proposed amendment or act that will give the voter a fair understanding of the issues presented. 7 According to the Court, a ballot title will not be legally sufficient unless it "adequately inform[ s ]" the voters of the contents of a proposed amendment or act so that they can make a "reasoned decision in the voting booth."8 A ballot title's failure to "honestly and accurately reflect what is contained in the proposed [act or] Amendment" may lead the Court to conclude that the "omission is significant. "9 The Court has also disapproved the use of terms that are "technical and not readily understood by voters."10 Without a definition of such terms in the ballot title, the title may be deemed insufficient. 11 Additionally, if information omitted from the ballot title is an "essential fact which would give the voter serious ground for reflection, it must be disclosed."12 At the 4 Pafford v. Hall, 217 Ark. 734, 739, 233 S.W.2d 72, 75 (1950). 5 See, e.g., Chaney v. Bryant, 259 Ark. 294, 297, 532 S.W.2d 741, 743 (1976); Moore v. Hall, 229 Ark. 411, 316 S.W.2d 207 (1958). For a better understanding of the term "partisan coloring," see note 16 infra. 6 May v. Daniels, 359 Ark. 100, 105, 194 S.W.3d 771, 776 (2004). 7 Becker v. Riviere, 270 Ark. 219, 226, 604 S.W.2d 555, 558 (1980) (internal citations omitted). 8 Lange v. Martin, 2016 Ark. 337, 9, at n. 2. 9 Id. at 9. 10 Wilson v. Martin, 2016 Ark. 334, *9. 11 Jd. 12 Bailey v. McCuen, 318 Ark. 277, 285, 884 S.W.2d 938, 942 (1994). Barry Emigh, Sponsor Opinion No. 2017-016 Page 11 same time, however, a ballot title must be brief and concise; 13 otherwise voters could run afoul of Ark. Code Ann. § 7-5-309's five-minute limit in voting booths when other voters are waiting in line. 14 The ballot title is not required to be perfect, nor is it reasonable to expect the title to cover or anticipate every possible legal argument the proposed measure might evoke. 15 The title, however, must be "free of any misleading tendency whether by amplification, omission, or fallacy, and it must not be tinged with partisan coloring."16 The ballot title must be honest and impartial, 17 and it must convey an intelligible idea of the scope and significance of a proposed change in the law. 18 Furthermore, the Court has confirmed that a proposed measure cannot be approved if the text of the proposal itself contributes to confusion and disconnect between the language in the popular name and the ballot title and the language in the proposed measure. 19 The Court concluded that "internal inconsistencies would inevitably lead to confusion in drafting a popular name and ballot title and to confusion in the ballot title itself. "20 Where the effects of a proposed measure on current law are unclear or ambiguous, it is impossible for me to perform my statutory duty to the satisfaction of the Arkansas Supreme Court without (1) clarification or removal of the ambiguities in the proposal itself, and (2) conformance of the popular name and ballot title to the newly worded proposal. It is my opinion, based on the above precepts, that a number of additions or 13 See Ark. Code Ann. § 7-9-107(b). 14 Bailey at 284, 884 S.W.2d at 944. 15 Id. at 293, 844 S.W.2d at 946-47. 16 Id. at 284, 884 S.W.2d at 942. Language "tinged with partisan coloring" has been identified by the Arkansas Supreme Court as language that "creates a fatally misleading tendency" (Crochet v. Priest, 326 Ark. 338, 347, 931 S.W.2d 128, 133 (1996)) or that "gives the voter only the impression that the proponents of the proposed amendment wish to convey of the activity represented by the words." (Christian Civic Action Committee v. McCuen, 318 Ark. 241, 249, 884 S.W.2d 605, 610 (1994)). 17 Becker v. McCuen, 303 Ark. 482, 489, 798 S.W.2d 71, 74 (1990). 18 Christian Civic Action Committee, 318 Ark. at 245, 884 S.W.2d at 607 (internal quotations omitted). 19 Cf Roberts v. Priest, 341 Ark. 813, 825, 20 S.W.3d 376, 382 (2000). 20 Id. Barry Emigh, Sponsor Opinion No. 2017-016 Page 12 changes to your ballot title are necessary in order to more fully and correctly summarize your proposal. I cannot, however, at this time, fairly or completely summarize the effect of your proposed measure to the electorate in a popular name or ballot title without the resolution of the ambiguities in the text of the measure itself. And thus I cannot determine precisely what changes to the ballot title are necessary to fully and correctly summarize your proposal. It is therefore not appropriate, in my opinion, for me to try to substitute and certify a more suitable and correct popular name and ballot title pursuant to Ark. Code Ann. § 7-9-107(b). I highlight below the more concerning aspects of your proposal. Initially, I note that, according to the text of your proposal, you are seeking to amend the Arkansas Constitution. Your proposed constitutional amendment, however, includes an "enacting clause" ("Be it enacted by the people of the State of Arkansas"). While Article 5, section 1 of the Arkansas Constitution requires the inclusion of an enacting clause for "bills" initiated by the people (that is, proposed initiated acts), there is no such requirement for constitutional amendments so initiated. 21 The inclusion of an enacting clause that is required for a "bill" in a proposed constitutional amendment makes the proposal ambiguous as to what the voters are being asked to consider, a bill or a constitutional amendment. This could be confusing to the voters. 22 This office will not approve a ballot title for your proposed constitutional amendment with this enacting clause in it. Of greater significance though, in my opinion, is a fundamental problem with your proposed ballot title, which is far from "brief and concise."23 It is my considered opinion that the ballot title as submitted would not survive a court challenge. While the Arkansas Supreme Court has never rejected a ballot title solely because it was excessively long, an unduly wordy or excessively long ballot title can confuse voters. Your ballot title contains approximately 3,000 words. The longest ballot title ever approved by the Arkansas Supreme Court, in Walker v. Priest, contained 994 words, which summarized the substance of the voter-initiated Tobacco Settlement Proceeds Act. In approving that ballot title, however, the 21 See United States Term Limits, Inc. v. Hill, 316 Ark. 251, 262-63, 872 S.W.2d 349, 355 (1994) (discussing the requirements under Amendment 7 to the Arkansas Constitution (now found at Ark. Const. art. 5, § 1)). · 22 See Ops. Att'y Gen. 2015-065, 2013-039. 23 See text accompany notes 13-14, supra. See also Walker v. Priest, 342 Ark. 410, 419, 29 S.W.3d 657, 660 (2000). Barry Emigh, Sponsor Opinion No. 2017-016 Page 13 Court stressed that the measure's substance had already been widely publicized and a 994-word ballot title "staked out the outer limits for length and complexity."24 On the other hand, the Court has invalidated ballot titles as excessively long and overly complex or misleading that were shorter and less complicated than the one you have submitted. 25 A review of these precedents raises serious concerns regarding the length of your proposed ballot title. Granted, your measure is very complicated as presently drafted, which you may believe justifies the length of the current ballot title. Nevertheless, in my opinion, the ballot title you have submitted is unnecessarily and-I believe the Court would find-impermissibly lengthy. Moreover, it does not appear that you have put forth the effort necessary to adequately summarize the most substantive and important provisions of your proposal. Instead your proposed ballot title essentially repeats each provision of your proposed amendment. Furthermore, and without commenting on the merits of your idea, I must conclude that your proposed measure as currently submitted is so lengthy and complex as to render it practically impossible to draft a ballot title that would meet the Court's standards for voter understanding. In my opinion, any ballot title for your proposal in its present condition would necessarily be misleading to the voters, as per the Court's standards, by virtue of the measure's length and complexity. I am further troubled that you continue to fail to conclusively address some of the more fundamental problems with your proposed amendment that I have repeatedly pointed out to you in past opinions.26 Rather, with each new submission, your proposal becomes more complicated. Based on your current submission, it is not possible for me to certify a ballot title for your measure. 24 Walker, 342 Ark. at 426, 29 S.W.3d at 665. 25 See, e.g., Scott v. Priest, 326 Ark. 328, 932 S.W.2d 746 (1996) (550-word title not invalid on length alone, but this factor plus serious omissions defeated title); Christian Civic Action Committee, note 16 supra (709-word title struck down with length as a major factor when viewed in light of other defects); Dust v. Riviere, 277 Ark. 1, 638 S.W.2d 663 (1982) (727-word ballot title invalid as too lengthy, complex, misleading, and confusing). 26 Ops. Att'y Gen. 2017-001, 2016-133, 2016-109, 2016-099. Barry Emigh, Sponsor Opinion No. 2017-016 Page 14 CONCLUSION The problems noted above are not necessarily all that your proposal contains, but they are sufficiently serious to require me to reject your ballot title. Further, additional issues may come to light on review of any revisions of your proposal. I must stress, however, that any revision must be seriously undertaken with a studied effort to reduce the length and complexity of the constitutional amendment you are proposmg. 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. Again, I must urge you, as I have in my previous opinions to you, to seek the advice or assistance of someone experienced in drafting legislation, editing legal documents, or both. Based on what has been submitted and for the foregoing reasons, my statutory duty is to reject your proposed ballot title.27 Sincerely,
~/~= ~LESLIE RUT~
Attorney General
Enclosure
27 Ark. Code Ann. § 7-9-107(c). Popular Name
AN AMENDMENT TO THE ARKANSAS CONSTITUTION LEGALIZING GAMBLING WITH THE SALE, SERVICE, AND COMPLIMENTARY SERVICE OF OPEN ALCOHOLIC BEVERAGES TO THE PUBLIC AS A LOCAL BALLOT MEASURE. Ballot Title BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARKANSAS. AN AMENDMENT TO THE ARKANSAS CONSTITUTION. WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT THE ARKANSAS ETHICS COMMISSION SHALL BE REQUIRED TO PROVIDE THE ARKANSAS RACING COMMISSION WITH THE FULL LIST OF THOSE NAMED AS DIRECTOR, OFFICER, AND OR MEMBER ON THE STATEMENT OF ORGANIZATION WITH THE BALLOT QUESTION COMMITTEE NAMED 'FAIR PLAY HOLDINGS' LAST FILED WITH ARKANSAS ETHICS COMMSSION BEFORE THE GENERAL ELECTION AT WHICH THIS AMENDMENT APPEARED. FOR THE PURPOSE OF THIS AMENDMENT EACH PERSON, OR PERSON NOT AN INDIVIDUAL, NAMED AS A DIRECTOR, OFFICER, AND OR MEMBER WITH THE BALLOT QUESTION COMMITTEE NAMED 'FAIR PLAY HOLDINGS' IN QUALIFYING, AND PASSING, THIS AMENDMENT SHALL BE CALLED A BQC MEMBER. THE AUTHORITY OF THE BQC MEMBERS SHALL INCLUDE INITIATING A LOCAL BALLOT 'MEASURE' TO OPERATE 'GAMBLING', APPLYING FORAN ORIGINAL 'GAMBLING LICENSE', AND IF ELIGIBLE AFTER A CRIMINAL INVESTIGATION BY THE ARKANSAS RACING COMMISSION TO OPERATE 'GAMBLING'. THE AUTHORITY, AND NAME, OF THE BQC MEMBER(S) AS PROVIDED IN THIS AMENDMENT SHALL BE TRANSFERABLE WITH, OR WITHOUT SALE, FROM A PERSON(S), OR BUSINESS, TO ANOTHER PERSON(S), OR BUSINESS, AND SO ON EVEN UPON DEATH OF A PERSON TO THEIR HEIRS, AND SO ON WITHOUT COST, OR FEE. THE TRANSFER OF A NAME, AND AUTHORITY, OF A BQC MEMBER BEING A PERSON(S), OR BUSIINESS, TO ANOTHER PERSON(S), OR BUSINESS, FOR THE PURPOSE OF THIS AMENDMENT SHALL STILL BE CALLED A BQC MEMBER. UNLESS OTHERWISE PROVIDED IN THIS AMENDMENT WHENEVER THREE (3%) PERCENT OF THE QUALIFIED ELECTORS BASED ON THE TOTAL NUMBER OF ELECTORS VOTING IN THE PRECEEDING ELECTION FOR MAYOR, IN ANY CITY WITH A POPULATION GREATER THAN TWENTY EIGHT THOUSAND (28,000) PEOPLE, WHERE THE PUBLIC SALE, AND SERVICE, OF OPEN ALCOHOLIC BEVERAGES IS PERMITTED, IN ANY NUMBER OF LIKE CITIES, AND OR THREE (3%) PERCENT OF THE QUALIFIED ELECTORS BASED ON THE TOTAL NUMBER OF ELECTORS THAT VOTED FOR COUNTY JUDGE IN THE PRECEEDING ELECTION, IN ANY COUNTY WHERE THE PUBLIC 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, "NOT LESS THAN TWO, NOR MORE THAN (NUMBER OF), BUSINESSES BE LICENSED TO OPERATE GAMBLING WHICH MAY BE OPERATED TWENTY FOUR (24) HOURS A DAY, SEVEN (7) DAYS A WEEK, WITH THE SALE, SERVICE, AND COMPLIMENTARY SERVICE OF OPEN ALCOHOLIC BEVERAGES TO THE PUBLIC DURING THE TIME GAMBLING IS OPERATED WITHIN THE 'STRUCTURE' USED TO OPERATE GAMBLING", THE 'MEASURE' SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS AT THE GENERAL ELECTION WITHIN THAT JURISDICTION. THERE SHALL NOT BE LESS, NOR MORE, THAN TWO (2) 'NUMBER OF' BUSINESSES LICENSED TO OPERATE 'GAMBLING' ON A PETITION IN ANY CITY WITH A POPULATION GREATER THAN TWENTY EIGHT THOUSAND (28,000) PEOPLE, BUT LESS THAN SIXTY EIGHT THOUSAND (68,ooo) PEOPLE. THERE SHALL NOT BE LESS THAN TWO (2), NOR MORE THAN THREE (3), 'NUMBER OF' BUSINESSES LICENSED TO OPERATE 'GAMBLING' ON A PETITION IN ANY CITY WITH A POPULATION GREATER THAN SIXTY EIGHT THOUSAND (68,ooo) PEOPLE. THERE SHALL NOT BE LESS THAN TWO (2), NOR MORE THAN THREE (3). 'NUMBER OF' BUSINESSES LICENSED TO OPERATE 'GAMBLING' ON A PETITION IN ANY COUNTY. ONLY A BQC MEMBER MAY FILE, AND SPONSOR, A PETITION ON A LOCAL BALLOT 'MEASURE' FOR 'GAMBLING' WITH THE CITY, OR COUNTY, CLERK FOR THIS PURPOSE. THE BQC MEMBER AS THE SPONSOR OF A PETITION SHALL DETEMINE THE 'NUMBER OF' BUSINESSES TO BE LI~ENSESD ON A PETITION. 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 ARKANSAS RACING COMMISSION SHALL BE REQUIRED TO DO AS FOLLOWS: UNLESS OTHERWISE PROVIDED IN THIS AMENDMENT SHALL IMMEDIATELY BE REQUIRED UP TO, BUT NOT MORE THAN, ONE HUNDRED AND EIGHTY (180) DAYS AFTER THE CONCLUSION OF A FAVORABLE BALLOT 'MEASURE' ACCEPT ONLY THE APPLICATION(S) FROM THE BQC MEMBER(S) TO ISSUE THOSE 'GAMBLING LICENSES' FOR 'GAMBLING' TO BE OPERATED WITHIN THOSE JURISDICTION WHERE THE VOTERS APPROVED THE BALLOT 'MEASURE' AT THAT TIME; 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 APPLICANT IS FOUND TO BE ELIGIBLE AFTER A CRIMINAL 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 APPL YING FOR A 'GAMBLING LICENSE' WITHIN FIFTEEN (15) DAYS OF THE FIRST APPLICATION BEING SUBMITTED NO MORE APPLICATIONS WILL BE ACCEPTED; IF THE APPLICANTS ARE FOUND TO BE ELIGIBLE AFTER A CRIMINAL INVESTIGATION BY THE ARKANSAS RACING COMMISSION A 'GAMBLING LICENSE' SHALL BE ISSUED TO ONE OF THOSE ELIGIBLE APPLICANTS BY A LOTTERY DRAWING. THE ARKANSAS RACING COMMISSION SHALL BE AUTHORIZED TO CHANGE THE MEANS BY WHICH A 'GAMBLING LICENSE' IS ORIGINALLY ISSUED, AND OR REISSUED. AFTER ONE HUNDRED AND EIGHTY (180) DAYS AFTER CONCLUSION OF A FAVORABLE BALLOT RESULT THE ARKANSAS RACING COMMISSION SHALL BE REQUIRED UPON PUBLIC NOTICE IN A STATE WIDE NEWSPAPER AT THE ARKANSAS RACING COMMISSION'S EXPENSE TO ISSUE WITHOUT DELAY ANY AVAILABLE 'GAMBLING LICENSE' TO THE PUBLIC NOT ISSUED TO A BQC MEMBER AT THAT TIME IN THE SAME MANNER AS AN ORIGINAL 'GAMBLING LICENSE' IS ISSUED. UNLESS OTHERWISE PROVIDED IN THIS AMENDMENT UPON LICENSING BY THE ARKANSAS RACING COMMISSION THAT PERSON(S), OR BUSINESS, SHALL IMMEDIATELY BE AUTHORIZED TO OPERATE "GAMBLING' WHICH MAY BE OPERATED TWENTY FOUR (24) HOURS A DAY, SEVEN ( 7) DAYS A WEEK, AT THE DISCRETION OF THAT BUSINESS WITH THE PUBLIC SALE, SERVICE, AND COMPLIMENTARY 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. THE 'GAMBLING LICENSE' SHALL BE TRANSFERABLE AFTER A CRIMINAL INVESTIGATION TO ANOTHER PERSON(S), OR BUSINESS, AND FROM THEM, AND SO ON. NO PERSON(S), OR BUSINESS, SHALL BE BOUND TO A 'GAMBLING LICENSE'. A 'GAMBLING LICENSE' MAY BE RELINQUISHED TO AVOID FURTHER LICENSING FEES. THE 'GAMBLING OPERATOR' SHALL BE REQUIRED TO BE LICENSED TO SELL, SERVE, AND SERVE COMPLIMENTARY OPEN ALCOHOLIC BEVERAGES TO THE PUBLIC TO OPERATE 'GAMBLING'. THE ALCOHOLIC BEVERAGE CONTROL BOARD SHALL BE REQUIRED TO LICENSE A LICENSED 'GAMBLING OPERATOR' TO SELL, SERVE, AND SERVE COMPLIMENTARY OPEN ALCOHOLIC BEVERAGES TO THE PUBLIC DURING THE TIME 'GAMBLING' IS OPERATED WITHIN THE 'STRUCTURE' USED TO OPERATE 'GAMBLING'. THE ALCOHOLIC BEVERAGE CONTROL BOARD SHALL FOREGO LICENSING IF THE PERSON(S), OR BUSINESS, IS ALREADY LICENSED TO SELL, AND SERVE, OPEN 'ALCOHOLIC BEVERAGES' TO THE PUBLIC WITHIN THE STRUCTURE USED TO OPERATE GAMBLING. THE GENERAL ASSEMBLY SHALL BE REQUIRED TO FUND THE ARKANSAS RACING COMMISSION, THE ALCOHOLIC BEVERAGE CONTROL BOARD, THE ARKANSAS ETHICS COMMISSION, AND THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO FACILITATE THE OPERATION OF THIS AMENDMENT. THE GENERAL ASSEMBLY IS REQUIRED TO FURTHER ENACT ANY, AND ALL, LAWS TO FACILITATE THE OPERATION OF THIS AMENDMENT. UNLESS OTHERWISE PROVIDED IN THIS AMENDMENT 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, AND FEE, RATES AS PROVIDED IN THIS AMENDMENT. THE GENERAL ASSEMBLY SHALL NOT BE EMPOWERED TO RAISE, NOR DECREASE, ANY PERMIT FEE, AND OR ANY OTHER FEE, AS PROVIDED IN THIS AMENDMENT BY MORE THAN THREE (3%) PERCENT DURING ANY ONE REGULAR SESSION OF THE GENERAL ASSEMBLY. THE GENERAL ASSEMBLY SHALL NOT BE EMPOWERED TO RAISE, NOR DECREASE, THE GAMING TAX ON THE 'GROSS INCOME' FROM 'GAMBLING' AS PROVIDED IN THIS AMENDMENT BY MORE THAN A QUARTER OF ONE (.25%) PERCENT DURING ANY ONE REGULAR SESSION OF THE GENERAL ASSEMBLY. THE GENERAL ASSEMBLY SHALL BE EMPOWERED TO TAX ANY AMOUNT OF WINNINGS WON BY ANY PERSON AS TAXABLE INCOME IN THE SAME MANNER AS ALL PERSONAL INCOME. THE GENERAL ASSEMBLY SHALL BE EMPOWERED TO ESTABLISH THE AMOUNT, TAX RATE, AND GUIDE LINES ON ANY AMOUNT OF MONEY THE 'GAMBLING OPERATOR' SHALL BE REQUIRED TO IMMEDIATELY WITH HOLD ON ANY WINNINGS WON BY ANY PERSON FROM 'GAMBLING' AS TAXABLE INCOME. UNLESS OTHERWISE PROVIDED IN THIS AMENDMENT THE DEPARTMENT OF FINANCE AND ADMINISTRATION SHALL BE REQUIRED TO DO AS FOLLOWS: COLLECT A GAMING TAX OF TWENTY ONE (21%) PERCENT FROM EACH 'GAMBLING OPERATOR' FROM THE 'GROSS INCOME FROM 'GAMBLING'; PAY THE CITY ONE THIRD (1/3) OF THE GAMING TAX WHERE 'GAMBLING' IS OPERATED, PAY THE COUNTY ONE THIRD (1/3) OF THE GAMING TAX WHERE 'GAMBLING' IS OPERATED IN A CITY WITHIN THAT COUNTY, PAY THE COUNTY HALF (1/2) OF THE GAMING TAX WHEN 'GAMBLING' IS OPERATED SOLELY WITHIN THE COUNTY; COLLECT AN INCOME TAX ON ANY WINNINGS WON BY ANY PERSON; COLLECT A PERMIT FEE OF FIFTY ($50) DOLLARS EVERY 4 MONTHS ON EACH SLOT MACHINE; PAY THE CITY ONE THIRD (1/3) OF THE SLOT MACHINE PERMIT FEE WHERE 'GAMBLING' IS OPERATED, PAY THE COUNTY ONE THIRD (1/3) OF THE SLOT MACHINE PERMIT FEE WHERE 'GAMBLING' IS OPERATED IN A CITY WITHIN THAT COUNTY, PAY THE COUNTY HALF (1/2) OF THE SLOT MACHINE PERMIT FEE WHEN 'GAMBLING' IS OPERATED SOLELY WITHIN THE COUNTY; COLLECT A PERMIT FEE OF SIXTY ($60) DOLLARS EVERY FOUR MONTHS ON EACH 'GAME TABLE'; PAY THE CITY ONE THIRD (1/3) OF THE 'GAME TABLE' PERMIT FEE WHERE 'GAMBLING' IS OPERATED, PAY THE COUNTY ONE THIRD (1/3) OF THE 'GAME TABLE' PERMIT FEE WHERE 'GAMBLING' IS OPERATED IN A CITY WITHIN THAT COUNTY, PAY THE COUNTY HALF (1/2) OF THE 'GAME TABLE' PERMIT FEE WHEN 'GAMBLING' IS OPERATED SOLELY WITHIN THE COUNTY. UNLESS OTHERWISE PROVIDED IN THIS AMENDMENT THE 'GAMBLING OPERATOR' SHALL BE AUTHORIZED, AND REQUIRED, TO COLLECT, AND WITH HOLD, AN INCOME TAX ON ANY WINNINGS WON BY ANY PERSON TO BE PAID TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION. UNLESS OTHERWISE PROVIDED IN THIS AMENDMENT THERE SHALL BE NO OTHER TAX ON THE INCOME EARNED FROM 'GAMBLING' BY A 'GAMBLING OPERATOR', ANY TAX ON ANY WINNINGS WIN BY ANY PERSON, NOR ANY OTHER FEE, OR PERMIT, ON ANY EQUIPMENT USED TO OPERATE 'GAMBLING'. THERE SHALL BE NO ADMISSION FEE TO ENTER THE STRUCTURE USED TO OPERATE 'GAMBLING'. THE DEPARTMENT OF FINANCE AND ADMINISTRATION SHALL BE REQUIRED UPON APPLICATION, AND PAYMENT, TO ISSUE, OR REISSUE, THE 'GAMBLING OPERATOR' A PERMIT ON ANY SLOT MACHINE, AND OR 'GAME TABLE'. THE DEPARTMENT OF FINANCE AND ADMINISTRATION SHALL BE REQUIRED TO ESTABLISH THE TIME SCHEDULE, AND GUIDE LINES, FOR PAYMENT OF ANY TAX, AND FEE, AND AUTHORIZED TO ESTABLISH ANY PENALTY, AND FINE, FOR ANY DELIQUENT PAYMENT, AND OR, NON-PERMIITED USE OF ANY GAMBLING EQUIPMENT TO INCLUDE REVOKING A LICENSE FOR NUMEROUS, AND FLAGRANT, VIOLATIONS TO INCLUDE NON PAYMENT ON A 'GAMBLING LICENSE'. UNLESS OTHERWISE PROVIDED IN THIS AMENDMENT THE ARKANSAS RACING COMMISSION SHALL BE REQUIRED TO DO AS FOLLOWS: COLLECT A LICENSING FEE OF SIXTY THOUSAND ($60,000.) DOLLARS FROM EACH 'GAMBLING OPERATOR' TO OPERATE 'GAMBLING' EACH YEAR.; TO PAY HALF (1/2) OF THE LICENSING FEE TO THE JURISDICTION WHERE 'GAMBLING' IS OPERATED; COLLECT A NON REFUNDABLE FEE OF TWENTY FIVE HUNDRED ($2,500.) DOLLARS FOR A CRIMINAL INVESTIGATION BY THE ARKANSAS RACING COMMISSION; COLLECT A TRANSFER FEE OF ONE THOUSAND ($1,000.) DOLLATS TO TRANSFER A 'GAMBLING LICENSE' FROM A PERSON(S), OR BUSINESS, TO ANOTHER PERSON(S), OR BUSINESS. UNLESS OTHERWISE PROVIDED IN THIS AMENDMENT THE ALCOHOLIC BEVERAGE CONTROL BOARD SHALL BE REQUIRED TO DO AS FOLLOWS: COLLECT A LICENSING FEE OF TWELVE THOUSAND ($12,000.) DOLLARS FROM EACH 'GAMBLING OPERATOR' EACH YEAR TO SELL, SERVE, AND SERVE COMPLIMETARY ALCOHOLIC BEVERAGES DURING THE TIME 'GAMBLING' IS OPERATED IN THE STRUCTURE USED TO OPERATE 'GAMBLING'; PAY HALF (1/2) THE LICENSING FEE TO THE JURISDICTION WHERE 'GAMBLING' IS OPERATED; COLLECT A TRANSFER FEE OF ONE THOUSAND ($1,000.) DOLLARS TO TRANSFER AN 'ALCOHOLIC BEVERAGE CONTROL LICENSE' WITH THE 'GAMBLING LICENSE'. THERE SHALL BE NO TAX OF ANY KIND ON ANY COMPLIMENTARY ALCOHOLIC, OR NON ALCOHOLIC BEVERAGE SERVED, OR PROVIDED, DURING THE TIME 'GAMBLING' IS OPERATED WITHIN THE 'STRUCTURE' USED TO OPERATE 'GAMBLING'. UNLESS OTHERWISE PROVIDED IN THIS AMENDMENT ANY, AND ALL, EXISTING LAWS, RULES, REGULATIONS, TAXES, PENALTIES, AND AGE RESTRICTIONS ON THE SALE, SERVICE, AND SERVICE OF COMPLIMEMTARY OPEN 'ALCOHOLIC BEVERAGES' TO THE PUBLIC SHALL APPLY NOW, AND HERE AFTER. THE ARKANSAS RACING COMMISSION SHALL BE AUTHORIZED BY A MAJORITY VOTE OF ALL ITS MEMBERS TO DO AS FOLLOWS: DETERMINE WHAT CRIMES, AND WHAT LEVEL OF CRIMES, GREATER THAN A MISDEMEANOR SHALL PROHIBIT ANY BUSINESS, AND PERSON(S), CONNECTED TO A PERSON, OR BUSINESS, FROM OPERATING 'GAMBLING'; DETERMINE WHAT CRIMES, AND WHAT LEVEL OF CRIMES, GREATER THAN A MISDEMEANOR SHALL PROHIBIT ANY PERSON FROM BEING EMPLOYED BY A 'GAMBLING OPERATOR'; DETERMINE WHAT CRIMES, AND WHAT LEVEL OF CRIMES, WARRANTS REVOKING A 'GAMBLING LICENSE'; TO DETERMINE THE DEFINITION OF A MONOPOLY, AND BY THAT DEFINITION BE REQUIRED TO PROHIBIT ANY MONOPOLY ON 'GAMBLING'. UNLESS OTHERWISE PROVIDED IN THIS AMENDMENT THE ARKANSAS RACING COMMISSION SHALL BE AUTHORIZED TO REGULATE GAMBLING IN ANY MANNER TO INCLUDE, BUT NOT LIMITED TO, AGE RESTRICTION, FINES, PENALTIES, AND REVOKING A 'GAMBLING LICENSE' FOR NUMEROUS, AND FLAGRANT, VIOLATIONS. THE ARKANSAS RACING COMMISSION SHALL NOT BE AUTHORIZED TO LIMIT THE NUMBER OF SLOT MACHINES, AND 'GAME TABLES', WHICH MAY BE OPERATED BY A 'GAMBLING OPERATOR' OTHER THAN FOR SAFETY PURPOSES. THE ARKANSAS RACING COMMISSION SHALL BE AUTHORIZED TO COLLECT ANY TAX, AND FINE, IN ANY MANNER NECESSARY, AND ENFORCE ANY PENAL TY. THE ARKANSAS RACING COMMISSION SHALL BE REQUIRED TO DO AS FOLLOWS: TO DO A CRIMINAL INVESTIGATION WITHIN ONE HUNDRED AND TWENTY (120) DAYS ON ANY PERSON(S), BUSINESS, PERSON(S) CONNECTED TO A BUSINESS, AND EMPLOYED BY A PERSON(S), OR BUSINESS, PRIOR TO ISSUING OR TRANSFERRING A 'GAMBLING LICENSE'. UNLESS OTHERWISE PROVIDED IN THIS AMENDMENT AT THE CONCLUSION OF A CRIMINAL INVESTIGATION TO FIND A PERSON ELIGIBLE, OR INELIGIBLE, TO OPERATE 'GAMBLING'. THE ARKANSAS RACING COMMISSION SHALL BE REQUIRED TO REISSUE WITHOUT DELAY ANY 'GAMBLING LICENSE' TO INCLUDE AN 'ALCOHOLIC BEVERAGE CONTROL LICENSE' REVOKED, OR RELINQUISHED. UNLESS OTHERWISE PROVIDED IN THIS AMENDMENT THE ARKANSAS RACING COMMISSION SHALL BE REQUIRED TO PUBLISH THE AVAILABILITY OF ANY 'GAMBLING LICENSE' WHICH SHALL INCLUDE THE 'ALCOHOLIC BEVERAGE CONTROL LICENSE' IN A STATE WIDE NEWSPAPER AT THE ARKANSAS RACING COMMISSION'S EXPENSE. IMMEDIATELY UPON PUBLICATION SHALL ACCEPT THE APPLICATION(S) OF ANY PERSON(S), OR BUSINESS(ES), TO ISSUE BOTH THE 'GAMBLING LICENSE' AND 'ALCOHOLIC BEVERAGE CONTROL LICENSE' TOGETHER. UPON ACCEPTANCE OF THOSE APPLICATIONS SHALL ISSUE A 'GAMBLING LICENSE' IN THE SAME MANNER AS AN ORIGINAL 'GAMBLING LICENSE' IS ISSUED TO INCLUDE THE 'ALCOHOLIC BEVERAGE CONTROL LICENSE'. UPON REISSUE BOTH THE 'GAMBLING LICENSE' AND 'ALCOHOLIC BEVERAGE CONTROL LICENSE' SHALL BE TRANSFERABLE WITH, OR WITHOUT, SALE TO ANY PERSON(S), OR BUSINESS, WITH A CRIMINAL INVESTIGATION. UPON PASSAGE OF THIS AMENDMENT THE VOTERS ARE AWARE, AND ACKNOWLEDGE, THE RISK OF GAMBLING AND ALCOHOL ADDICTION. 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. 'ALCOHOLIC BEVERAGE CONTROL LICENSE' MEANS THE AUTHORIZATION FROM THE ALCOHOLIC BEVERAGE CONTROL BOARD TO SELL, SERVE, AND SERVE COMPLIMENTARY OPEN ALCOHOLIC BEVERAGES OF ANY KIND, BY ANY NAME, TO THE PUBLIC AS REGULATED, AND CONTROLLED, BY THE ALCOHOLIC BEVERAGE CONTROL BOARD. '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 ANYWAY AND SLOT MACHINES OF ANY KIND BY ANY NAME PERMITTED UNDER FEDERAL LAWS, RULES, AND REGULATIONS. 'GAMBLING OPERATOR' MEANS ANY PERSON(S), OR BUSINESS, LICENSED BY THE ARKANSAS RACING COMMISSION TO OPERATE 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, SERVE, AND SERVE COMPLIMENTARY OPEN ALCOHOLIC BEVERAGES TO THE PUBLIC 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 PERSON(S), OR BUSINESS, TO OPERATE GAMBLING WITH THE AUTHORIZATION FROM THE ALCOHOLIC BEVERAGE CONTROL BOARD TO SELL, SERVE, AND SERVE COMPLIMENTARY OPEN ALCOHOLIC BEVERAGES TO THE PUBLIC DURING THE TIME GAMBLING IS OPERATED IN THE STRUCTURE USED TO OPERATE GAMBLING. 'GAME TABLE' MEANS ONE DEALER, OR GAME OPERATOR, WITH NUMEROUS PLAYERS TO INCLUDE, BUT NOT LIMITED TO, CARDS, DICE. AND ROULETTE WHEELS. '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, SERVICE, AND COMPLIMENTARY SERVICE OF OPEN ALCOHOLIC BEVERAGES TO THE PUBLIC REQUIRING THE CONSENT OF THE QUALIFIED ELECTORS 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. 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, SERVICE, AND COMPLIMENTARY SERVICE OF OPEN 'ALCOHOLIC BEVERAGES' TO THE PUBLIC. THE PROVISIONS OF THIS AMENDMENT IN NO MANNER ARE INTENDED TO DEPRIVE THE QUALIFIED ELECTORS 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, 2019. Be it enacted by the people of the State of Arkansas. An Amendment to the Arkansas Constitution. Section 1: Ballot Question Committee (BQC) Members.

1. Within thirty (30) days after the effective date of this Amendment the Arkansas Ethics Commission
   shall be required to provide the Arkansas Racing Commission with a full list of those named as a director, officer, and or member on the statement of organization, or amended statement of organization, last filed with the Arkansas Ethics Commission before the general election at which this Amendment appeared for the Ballot Question Committee named 'Fair Play Holdings'.
2. For the purpose of this Amendment each person named as a director, officer, and or member being a
   person, or person not an individual, listed with the Ballot Question Committee named 'Fair Play Holdings' for the qualification, and passage, of this Amendment shall each be called a BQC member.
3. Unless otherwise provided in this Amendment only the BQC members, as provided in part 1, 2 of this
   Section, shall each be authorized to sponsor, and file, a petition with a city, and or county, clerk, as provided in part 3(a) of Section 2 of this Amendment, to apply for the issue of an original 'gambling license', as provided in part 1(a) of Section 3 of this Amendment, and if eligible to do so after a criminal investigation to operate 'gambling', as provided in part 5 of Section 3 of this Amendment.
4. The authority of each person, or person not an individual, being named as a BQC member, as
   provided in part 3 of this Section, shall be transferable with, or without sale, from the name of a person, or person not an individual, to the name of another person, or person not an individual, and so on. Even upon death of a person to their heirs, and so on. (a). Unless otherwise provided in this Amendment the BQC member being a person, or person not an individual, shall be required in writting to inform the Arkansas Racing Commission of such name change. (b). There shall be no cost, or fee, by the Arkansas Racing Commission to make such name change. (c). Any, and all, provisions in this Amendment on the transfer of a 'gambling license' which the BQC member may transfer at the time of a name change shall apply.
5. For the purpose ofthis Amendment any name change, as provided in part 4, 4(a)(b)(c) of this Section,
   shall be called a BQC member.
   Section 2: Gambling as a Local Ballot Measure.
6. Unless otherwise provided in this Amendment whenever three (3%) percent of the qualified electors in
   any city based upon the total number of electors that had voted in the preceeding election for mayor. (a). In any city with a population greater than twenty eight thousand (28,ooo) people. (b). In any city where the public sale, and service, of open 'alcoholic beverages' of any kind is licensed by the Alcoholic Beverage Control Board. (c). In any number oflike cities in the state.
7. And or three (3%) percent of the qualified electors in any county based upon the total number of
   electors that had voted in the preceeding election for county judge. (a). In any county where the public sale, and service, of open 'alcoholic beverages' of any kind is licensed by the Alcoholic Beverage Control Board. (b). In any number oflike counties in the state.
8. 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 of city) in the county of(name of county), 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 not less than two, nor more than (number of), businesses to operate gambling which may be operated twenty four (24) hours a day, seven (7) days a week, with the public sale, service, and complimentary service of open alcoholic beverages during the time gambling is operated within the structure used by each business to operate gambling within this jurisdiction." (a). Only a BQC member, as provided in parts 3, 5 of Section I of this Amendment, may sponsor, and file, a petition with a city, or county, clerk, for this purpose. (b). The sponsor of the petition shall first file a copy of the petition with the city, or county, clerk within the respective jurisdiction before canvassing any signatures on the petition. (c). In any city with a population greater than twenty eight thousand (28,000) people, but less than sixty eight thousand (68,ooo) people, there shall not be less, nor more, than two (2) 'number of businesses licensed to operate gambling on a petition. ( d). In any city with a population greater than sixty eight thousand ( 68,ooo) people there shall not be less than two (2), nor more than three (3), 'number of businesses licensed to operate gambling on a petition. (e). In any county there shall not be less than two (2), nor more, than three (3), 'number of businesses licensed to operate 'gambling' on a petition. (f). The sponsor filing the petition shall determine the 'number of businesses which may be stated on a petition, as provided in parts 3(c)(d)(e) of this Section. (g). There shall not be conflicting petitions filed with a city, or county, clerk within one jurisdiction. Only one petition being the first filed may be filed with a city, or county, clerk within one jurisdiction at any one time. A petition may at any time be withdrawn, and voided to include any canvassed signatures, by the sponsor of that petition which may be replaced by another petition by the same, or another, sponsor. (h). Any, and all, filings, and finacial records, the Arkansas Ethics Commission requires for a municipal (city), or county, ballot 'measure' shall apply.
   + The sponsor must file the canvassed 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). The petition shall have the full name of each elector printed in a legible manner, their address, their date of birth, the date of signing, the elector's signature, and the notarized signature of the canvasser as the witness to the elector's signature.
9. 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.
10. If the number of signatures on a petition is found to be insufficient the city, or county, clerk shall
    notify the sponsor of the petition without delay.
    (a). The sponsor shall have ten (10) days to amend, and resubmit, the petition with the necessary signatures of those qualified electors as needed.
11. 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.
12. 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 not less than two, nor more than (number of>, businesses to operate gambling which may be operated twenty four (24) hours a day, seven (7) days a week, with the sale, service, and complimentary 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 "AGAINST, The licensing of not less than two, nor more than (number of), businesses to operate gambling which may be operated twenty four (24) hours a day, seven (7) days a week, with the sale, service, and complimentary 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)." (a). The ballot shall have the same 'number of businesses to be licensed to 'gamble' as the petition, as provided in part 3(f) of this Section.
13. A notice of the petition must be published in a newspaper circulated within that juridiction at the
    sponsor's expense no later than five (s) 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.
14. The result of the vote upon a city, or county, ballot 'measure' shall be canvassed, and declared, by the
    county election commissioners.
    u. The result shall be conclusive after fifteen (15) days unless attacked in the courts.
15. 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' without delay.
16. If attacked in the courts. The County Election Board shall be required to inform the Arkansas
    Racing Commission of any court ruling in favor of the 'measure' without delay. Section 3: Issuance of an Original Gambling License, i. The Arkansas Racing Commission shall be required to do as follows: (a). Unless otherwise provided in this Amendment immediately upon conclusion of a favorable ballot measure, as provided in parts 12, 13 of Section 2 of this Amendment, and up to, but not more than, one hundred and eighty (180) days after the conclusion of a favorable ballot 'measure', as provided in 3, 3(a)(b) of this Section, the Arkansas Racing Commission shall be required to accept the application(s) from only the BQC member( s), as provided in parts 3, 5 of Section 1 of this Amendment, to license 'gambling' within that respective jurisdiction at that time. (b). Time is of the essence. After fifteen (15) days of an application being submitted. If there is one applicant for one of the available 'gambling license'. No other application(s) shall be accepted for one of the available 'gambling licenses'. (ha). Immediately upon ceasing to accept any other applications for the one 'gambling license'. Shall be required to do a criminal investigation on the applicant, as provided in parts l(a)(g) et seq. of Section 8 of this Amendment. (bb). Unless otherwise provided in this Amendment upon finding an applicant eligible, as provided in part 1( c) of Section 8 of this Amendment, the Arkansas Racing Commission shall be required to immediately issue that eligible applicant a 'gambling license'. (be). If found ineligible shall be required without delay to notify, and provide, the applicant an extension of time to resolve any problems, as provided in parts i(c)(f) et seq. of Section 8 of this Amendment. (bd). Unless otheiwise provided in this Amendment after an extention of time ifthe applicant is found eligible, as provided in part i(f) of Section 8 of this Amendment, the Arkansas Racing Commission shall be required to immediately issue that applicant a 'gambling license'. (be). If again found ineligible shall be required to immediately accept other applications. ( c). Time is of the essence. If there are more than two (2) applicants applying for any one 'gambling license'. After fifteen (15) days from the date the first application was submitted. No other application(s) shall be accepted. (ca). Immediately upon ceasing to accept any other applications shall be required to do a criminal investigation of those applicants, as provided in parts i(a)(g) et seq. of Section 8 of this Amendment. (ch). Upon completion of a criminal investigation if any one, or more, of the applicants are found to be ineligible to provide those applicants an extention of time, as provided in parts i(c)(f) et seq. of Section 8 of this Amendment. (cc). Within five (5) days after completion of all criminal investigations, or any extention of time, to place those eligible applicants in a lottery. (cd). Unless otheiwise provided in this Amendment the Arkansas Racing Commission shall be required to immediately issue the winning lottery pick a 'gambling license'.
17. The Arkansas Racing Commission shall be required to provide any further rules, and regulations,
    necessary to the issue of any 'gambling license', and shall be authorized by a majority vote of all its members to amend, and change, the means by which those 'gambling licenses' are issued, and or reissued, which shall include the 'alcoholic beverage control license' in a non obstructive manner.
18. Unless otheiwise provided in this Amendment after one hundred and eighty (180) days after the
    conclusion of a favorable ballot measure, as provided in i(a) of this Section, the Arkansas Racing Commission shall be required without delay to publish a notice in a newspaper with the widest state wide circulation at the Arkansas Racing Commission's expense to advertise any 'gambling license' available for application to be issued at that time. (a). Immediately upon publication the Arkansas Racing Commission shall be required to accept the application(s) of any person(s), or business( es), to issue a 'gambling license', as provided in parts i(a) of this Section. (b). Unless otheiwise provided in this Amendment, as provided in part 2 of this Section, upon acceptance of those applications the Arkansas Racing Commission shall be required to issue any available 'gambling license', as provided in parts i(b)(ba)(be) et seq. or i(c)(ca)(cd) et seq. of this Section.
19. Unless otheiwise provided in this Amendment once a BQC member, as provided in parts i(bb)(bd),
    i(cd) of this Section, or any other applicant, as provided in 3, 3(a)(b) of this Section, is issued a 'gambling license' by the Arkansas Racing Commission they shall not be issued another 'gambling license' within any jurisdiction until all other BQC members, and or any other applicant(s) have been issued a 'gambling license'. (a). Any one, or more, BQC member(s) shall not obstruct any other BQC member by refusing to participate in the 'gambling license' process. (b). By refusing to participate, or refusing to apply for an available 'gambling license', as provided in parts 1(a) of this Section, they grant permission for any other BQC member(s) by default to apply for an available 'gambling license'.
20. Unless otherwise provided in this Amentment the BQC member being the 'gambling operator' upon
    licensing by the Arkansas Racing Commision, as provided in parts i(bb)(bd), 1(cd) of this Section, or other applicant being the 'gambling operator' upon licensing, as provided in part 3, 3(a)(b) of this Section, and parts 1,2, 2(a)(b), 3 of Section 9 of this Amendment, shall legally be authorized to operate '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 with the sale, service, and complimentary service of 'alcoholic beverages', as provided in parts I, 2( a) (b) ( c) of Section 4 of this Amendment, during the time 'gambling' is operated within the one 'structure' used by that business to opetate 'gambling' within that jurisdiction.
21. The 'gambling license' upon issue, as provided in part 5 of this Section, shall be transferable with, or
    without, sale from the 'gambling operator' to any person(s), or business, and from them, and so on with a criminal investigation, as provided in parts i(a)(g) et seq. of Section 8 of this Amendment.
22. Within ten (10) days from the date of issue, or transfer, of a 'gambling license' with a written notice
    by the 'gambling operator' the Arkansas Racing Commission shall be required to suspend the effective date of a 'gambling license' without cost, or fee, up to, but not more than, two hundred and fourty (240) days to allow that 'gambling operator' time to find a location within applicable zoning laws, and or to set up the gambling operation. No 'gambling' of any kind, by any name, shall be operated by the 'gambling operator' during that suspended period of time.
23. The 'gambling operator' may move the gambling operation from one structure to another within
    the same jurisdiction, or add onto a structure, in accordance to any, and all, applicable state, and local, zoning laws within that jurisdiction.
24. Any business licensed to operate 'gambling' with the sale, service, and complimentary service of open
    alcoholic beverages to the public' shall be zoned commercial for businesses selling, and serving, open alcoholic beverages to the public.
25. The 'gambling operator' by obtaining the required licenses, and permits, separately from this
    Amendment in accordance to any, and all, state, and local, laws, rules, and regulations shall be authorized to do as follows: (a). Sell, serve, and prepare food within, or within any structure attached to, the 'structure' used to operate 'gambling'. (b). Provide entertainment venues within, or within any structure attached to, the 'structure' ·used to operate 'gambling'. (c). Provide hotel accommodations being transient, or temporary, housing for guests within, or within any structure attached to, the 'structure' used to operate 'gambling'. n. The 'gambling operator' shall not be required to obtain any other license, permit, or pay any additional fee to sell, serve, and serve complimentary open alcoholic beverages to the public, as provided in parts i, 2{a)(b) of Section 4 of this Amendment, within the structure, or within any structure attached to the structure, used to operate 'gambling', as provided in parts 10(a)(b) of this Section.
26. No person(s), or business, shall be bound to a 'gambling license'.
    (a). A 'gambling operator' may transfer a 'gambling license' with, or without, sale to another person(s), or business, and so on, as provided in part 6 of this Section. (b). Or may voluntarilly reliquish a 'gambling license' to the Arkansas Racing Commission without compensation; thereby, avoiding any further licensing fees, as provided in part 11, n(a), 12, u(a) of Section 6 of this Amendment.
27. Upon reliquishment of a 'gambling license' the Arkansas Racing Commission shall be required to
    reissue the 'gambling license' to include the 'alcoholic beverage control license', as provided in part i, 2, 2(a)(b), 3 of Section 9 of this Amendment. Section 4: Alcoholic Beverages. i. The 'gambling operator' shall be required to be licensed to sell, and serve, open 'alcoholic beverages' to the public to operate gambling.
28. The Alcoholic Beverage Control Board shall be required to do as follows:
    (a). Unless otherwise provided in this Amendment to immediately issue the 'gambling operator' upon issue, or transfer, of a 'gambling license, as provided in part 5, 6 of Section 3 of this Amendment, an 'alcoholic beverage control license' to legally sell, serve, and serve co!Ilplimentary open alcoholic beverages to the public during the time 'gambling' is operated within the 'structure' used to operate 'gambling'. (b). To forego the licensing, and fee, if a licensed 'gambling operator' is already licensed by the Alcoholic Beverage Control Board to sell, and serve, open alcoholic beverages to the public within the 'structure' to be used for 'gambling'. (c). Within ten (10) days upon issue, or transfer, of a 'gambling license' with a written notice by the 'gambling operator' the Alcoholic Beverage Control Board shall be required to suspend the effective date of an 'alcoholic Beverage Control License' without cost, or fee, to allow that 'gambling operator' time to find a location within applicable zoning laws, and or to set up the gambling operation. No 'alcoholic beverage' of any kind, by any name, shall be sold, served, nor provided by the 'gambling operator' during that suspended period of time.
29. The 'alcoholic beverage control license' shall be transferable with the 'gambling license' from one
    business to another business, and from them, and so on, as provided in part 6 of Section 3 of this Amendment.
30. Unless otherwise provided in this Amendment any, and all, existing, and future, laws, rules,
    regulations, to include, but not limited to, age restrictions, taxes, fees, fines and penalties to include revoking a license which apply to all similar businesses selling, and serving, open 'alcoholic beverages' to the public not provided in this Amendment shall apply now, and here after.
31. Unless otherwise provided in this Amendment the Alcoholic Beverage Control Board shall be authorized to enforce any penalty to include revoking a, 'alcoholic beverage control license' which shall
    include the 'gambling license', to collect in any manner necessary any fine, to collect any fee, to distribute those fees, and to collect in any manner necessary any tax, as provided in this Amendment.
32. Upon revoking an 'alcoholic beverages control license' which shall include the 'gambling license'
    the Arkansas Racing Commission shall be required to reissue both those licenses together, as provided in parts 1, 2, 2(a)(b), 3 of Section 9 of this Amendment. Section 5: The General Assembly.
33. The General Assembly shall be required to fund the Arkansas Racing Commission, the Alcoholic
    Beverage Control Board, the Department of Finance and Administration, and the Arkansas Ethics Commission to facilitate the operation of this Amendment.
34. The General Assembly shall be required to make any, and all, further laws necessary to facilitate the
    operation of this Amendment.
35. Unless otherwise provided in this Amendment the General Assembly shall be empowered by a two
    third vote, or roll call, of all its members in each House to change, or adjust any, and all, tax, and fee, rates, as provided in this Amendment.
36. The General Assembly shall not be empowered to increase, nor decrease, any permit fee, licensing fee,
    and or transfer fee, as provided in this Amendment, by more than three (3%) percent during any one regular session of the General Assembly.
37. The General Assembly shall not be empowered to increase, nor decrease, the gaming tax on the
    'gross income' from 'gambling', as provided in part i(a) of Section 6 of this amendment, by more than a quarter of one (.25%) percent during any one regular session of the General Assembly.
38. The General Assembly shall be empowered to tax any amount of winnings won by any person as
    taxable income in the same manner as all other personal income.
39. The General Assembly shall be empowered to establish the amount, tax rate and guide lines, on any
    amount of money the 'gambling operator' shall be required to immediately with hold on any winnings won by any person from 'gambling' as taxable income to be paid to the Department of Finance and Administration. Section 6: Gambling Taxes, Fees, and Permits.
40. Unless otherwise provided in this Amendment, as provided in parts 3, 4, 5 of Section 5 of this
    Amendment, the Department of Finance and Administration shall be required to do as follows: (a). To collect from each 'gambling operator' a gaming tax of twenty one (21%) percent from the 'gross income' from 'gambling'. (aa). To pay the city where 'gambling' is operated in that city one third (1/3) of the gaming tax the 'gambling operator' paid within that jurisdiction. (ab). To pay the county where 'gambling' is operated in a city within that county one third (1/3) of the gaming tax the 'gambling operator' paid within that jurisdiction. (ac). To pay the county where 'gambling' is operated solely within the jurisdiction of that county half (1/2) the gaming tax the 'gambling operator' paid within that jurisdiction. (b). To collect from each 'gambling operator' a personal income tax, as provided in parts 6, 7 of Section 5 of this Amendment, on any, and all, winnings won by any person from 'gambling'. (c). To collect from each 'gambling operator" a permit fee of fifty ($50) dollars every four (4) months for each slot machine of any kind, by any name, used by that 'gambling operator'. (ca). To pay the city where 'gambling' is operated in that city one third (1/3) of the permit fee on each slot machine the 'gambling operator' paid within that jurisdiction. (ch). To pay the county where 'gambling' is operated in a city within that county one third (1/3) of the permit fee on each slot machine the 'gambling operator' paid within that jurisdiction. (cc). To pay the county where 'gambling' is operated solely within the jurisdiction of that county half (1/2) the permit fee on each slot machine the 'gambling operator' paid within that jurisdiction. (d). To collect from each 'gambling operator' a permit fee of sixty ($60) dollars every four (4) months for each 'game table' of any kind, by any name, used by that 'gambling operator'. (da). To pay the city where 'gambling' is operated in that city one third (1/3) of the permit fee on each 'game table' the 'gambling operator' paid within that jurisdiction. (db). To pay the county where 'gambling' is operated in a city within that county one third (1/3) of the permit fee on each 'game table' the 'gambling operator' paid within that jurisdiction. (de). To pay the county where 'gambling' is operated solely within the jurisdiction of that county half (1/2) the permit fee on each 'game table' the 'gambling operator' paid within that jurisdiction.
41. Unless otherwise provided in this Amendment there shall be no other tax on the income earned from
    'gambling' by the 'gambling operator', no other tax on any winnings won by any person, nor any other fee, or permit, on the equipment of any kind, by any name, used to operate gambling to include slot machines, and 'game tables'.
42. There shall be no admission, and or entry, fee of any kind, by any name, to enter the 'structure' used
    to operate 'gambling'.
43. The 'gambling operator' shall be authorized, and required, to immediately with hold a personal
    income tax on any, and all, winnings won by any person, as provided in parts 6, 7 of Section 5 of this Amendment, to be paid to the Department of Finance and Administration.
44. The Department of Finance and Administration shall be required upon application, and payment in
    full, to immediately issue, and or reissue, the 'gambling operator' a permit on any slot machine, and or 'game table' with exception, as provided in part 3 of Dection 7 of this Amendment. (a). Some jurisdictions where 'gambling' is operated may be seasonal.' The Department of Finance and Administration shall be required to allow a 'gambling operator' not to renew some, or all, of their slot machine, and or 'game table', permits. (b). The Department of Finance and Administration shall require any slot machine, and or 'game table', without permit be removed, or partitioned, away from public use without delay.
45. The Department of Finance and Administration shall be required to establish the time schedules,
    and guidelines, for the payment of any tax, and fee, as provided in this Section, in a non obstructive manner.
46. The Department of Finance and Administrartion shall be authorized to establish any penalty, and fine,
    for any deliquent payment, and or non-permitted use of any gambling equipment of any kind, by any name, to include slot machines and 'game tables', as provided in this Section.
47. The Department of Finance and Administration at thier discretion may revoke a 'gambling license' to
    include an 'alcoholic beverage control license' for numerous, and flagrant, violations.
48. The Department of Finance and Administration shall be authorized to enforce any penalty to include
    revoking a 'gambling license' to include an 'alcoholic beverage control license', to collect in any manner necessary any fine, to collect in any manner necessary any tax, or fee, and to distribute those taxes, and fees, as provided in this Section.
49. Upon revoking a 'gambling license' the Arkansas Racing Commission shall be required to reissue the
    'gambling license' to include the 'alcoholic beverage control license', as provided in part 1, 2, 2(a)(b), 3 of Section 9 of this Amendment. n. Unless otherwise provided in this Amendment, as provided in part 31 4 of Section 5 of this Amendment, the Arkansas Racing Commission shall be required to do as follows: (a). To collect a 'gambling license' fee of sixty thousand ($60,000) dollars from each 'gambling operator' to be paid each year thereafter. (b). To pay the jurisdiction where gambling is operated half (1/2) the amount from each 'gambling license'. (c). To collect a non-refundable criminal investigation fee of twenty five hundred ($21500) dollars from any person(s), or business, submitting an application to the Arkansas Racing Commission requiring a criminal investigation for issuance, or transfer, of a 'gambling license'. (d). To collect a fee of one thousand ($1,000) dollars to transfer a 'gambling license' from one person(s), or business, to another person(s), or business, and so on.
50. Unless otherwise provided in this Amendment, as provided in part 3, 4 of Section 5 of this
    Amendment, the Alcoholic Beverage Control Board shall be required to do as follows: (a). To collect a licensing fee of twelve thousand ($121000) dollars from each 'gambling operator' for an 'alcoholic beverage control license' to be paid each year there after. (b). To pay the jurisdiction where 'gambling' is operated half (1/2) the amount from each 'alcoholic beverage control license'. (c). To collect a fee of one thousand ($1,000) dollars to transfer a 'alcoholic beverage control license' from one person(s), or business, to another person(s), or business, and so on. 13. There shall be no tax of any kind, by any name, on any complimentary alcoholic, or non alcoholic, beverage served, or provided, during the time 'gambling' is operated within the structure used to operate 'gambling'. Section 7: Gambling Regulations and Restrictions. i. The Arkansas Racing Commission by a majority vote of all its members shall be authorized to do as follows: (a). Determine what crimes, and what level of crimes, greater than a misdemeanor shall prohibit a person, business, or person connected to a business from operating 'gambling'. (b). Determine what crimes, and what level of crimes, greater than a misdemeanor shall prohibit a person from being employed by a 'gambling operator'. ( c). Determine what crimes, and what level of crimes, greater than a misdemeanor shall warrant revoking an existing 'gambling license'. ( d). Determine the definition of a monopoly, and shall be required within that definition to prohibit any monopoly on 'gambling' by any person, business, or person connected to a business licensed to operate 'gambling', to be licensed to operate 'gambling', or by transfer of a 'gambling license'.
51. Unless otherwise provided in this Amendment the Akansas Racing Commission by a majority vote of
    all its member shall be authorized to regulate gambling in any manner so long as it is not intented to obstruct the operation of 'gambling' to include, but not limited to, age restrictions, penalties, fines, and revoking a 'gambling license' for numerous, and flagrant, violations.
52. The Arkansas Racing Commission shall not be authorized to limit the number of slot machines, and
    'game tables', which may be operated by a licensed 'gambling operator' within the 'structure' used to operate 'gambling' except by room capacity, room size, aisle widths, and emergency exits for safety purposes.
53. Unless otherwise provided in this Amendment the Arkansas Racing Commission shall be required to
    enforce any penalty to include revoking a 'gambling license' which shall include the 'alcoholic beverage control license', and to collect in any manner necessary any fine, fee, and to distribute those fees.
54. Upon revoking a 'gambling license' which shall include an 'alcoholic beverage control license' the
    Arkansas Racing Commission shall be required to reissue both those licenses together, as provided in part i, 2, 2(a)(b), 3 of Section 9 of this Amendment Section 8: Criminal Investigation. i. The Arkansas Racing Commission shall be required to do as follows: (a). To do a criminal investigation within one hundred and twenty (120) days on any person(s), business, person(s) connected to a business, and employed by a person(s), or business, prior to issuing, or transferring, a 'gambling license', as provided in parts i, i(a)(b)(d) of Section 7 of this Amendment. (b). To have a back ground check on every person connected to as business, or person(s), operating gambling, employed by, or before being hired by, a 'gambling operator' which shall be at the gambling operator's expense. (c). Unless otherwise provided in this Amendment at the conclusion of a criminal investigation within the time allowed to find a person(s), or business, eligible, or ineligible, to operate 'gambling'. If found ineligible shall state the reasons in writing. (d). Time is of the essence. Without delay to notify, and provide, the applicant without cost, or fee, not more than sixty (60) days for the person(s), or business, upon notification to amend, and resolve, any problems. (e). Upon receipt of an amended application the Arkansas Racing Commission shall be required within sixty ( 60) days to reconsider the changes on an amended application. (f). Unless otherwise provided in this Amendment at the conclusion of an investigation on an amended application within the time allowed to find the person(s), or business, eligible, or ineligible, to operate 'gambling'. If found ineligible shall state the reasons why. There shall be no further extention of time. (g). The decision of the Arkansas Racing Commission shall be final.
55. The Arkansas Racing Commission shall be authorized to require any person(s), or business, to
    provide without delay any information the Arkansas Racing Commission requests necessary to their investigation.
56. The Arkansas Racing Commission shall be required to have a criminal back ground check on any
    person before being hired, and a periodic back ground check every two (2) years on any person employed by a 'gambling operator' to be paid by the 'gambling operator'. After a back ground check the Arkansas Racing Commission shall be required to have any person found to be ineligible not be hired, and to require those person(s) employed by a 'gambling operator' found to be ineligible, or become ineligible, be dismissed immediately.
57. An amended application may be resubmitted as a new application with a criminal investigation.
    Section 9: Reissue of a 'Gambling License' and 'Alcoholic Beverage Control License'. i. The Arkansas Racing Commission shall be required without delay to reissue any 'gambling license' either revoked, or relinguished, which shall include an 'alcoholic beverage control license', as provided in parts 1, 2, 2(a)(b)(c) of Section 4 of this Amendment.
58. Unless otherwise provided in this Amendment, as provided in part 2 of Section 3 of this Amendment,
    the Arkansas Racing Commission shall be required without delay to publish the availability of any 'gambling license' in a newspaper with the widest state wide circulation at the Arkansas Racing Commission's expense. (a). Immediately upon publication the Arkansas Racing Commission shall be required to accept the application(s) of any person(s), or business( es), to issue a 'gambling license', as provided in parts 1(a) of Section 3 of this Amendment. (b). Upon acceptance of those applications the Arkansas Racing Commission shall be required to issue any unissued 'gambling license', as provided in parts 1(b), (ba)(be) et seq. or 1(c), (ca)(cd) et seq. of Section 3 of this Amendment, which shall include an 'alcoholic beverage control license', as provided in parts 1, 2, 2(a)(b)(c) of Section 4 of this Amendment.
59. Upon reissue both the 'gambling license' to include the 'alcoholic beverage control license' together
    shall be transferable with, or without sale, to any eligible person(s), or business, with a criminal investigation, as provided in parts l(c)(f) et seq. of Section 8 of this Amendment. Section 10: Exempting Oaklawn and Southland. The provisions of this Amendment shall in no manner effect Oaklawn Race Track in Garland County, nor Southland Race Park in Crittenden County. Section 11: Legalized Ganibling. 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. Section 12: Acknowledgement of Risk. 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 13: Definitions. i. As used in this Amendment: (a). 'alcoholic beverage control license' means the authorization from the Alcoholic Beverage Control Board to sell, serve, and serve complimentary open alcoholic beverages of any kind, by any name, to the public as regulated, and controlled, by the Alcoholic Beverage Control Board. (b). '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. (c). 'gambling operator' means any business licensed by the Arkansas Racing Commission to operate 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, service, and complimentary service of open alcoholic beverages during the time gambling is operated within the one structure used to operate gambling by that business licensed by the Alcoholic Beverage Control Board within the jurisdiction of a city, or county, with ballot approval of the electors. (d). '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, serve, and serve complimentary open alcoholic beverages to the public during the time gambling is operated within the structure used to operate gambling. (e). 'game table' means one dealer, or game operator, with numerous players to include, but not limited to, cards, dice, and roulette. (f). 'gross income' means the amount of money earned from gambling after any, and all, winnings are paid as a loss from the gambling operator. (g). 'measure' means the specific issue of gambling with the sale, service, and complimentary service of open alcoholic beverages to the public requiring consent by the qualified electors within a specified jurisdiction on an election ballot. (h). '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. Section 4: Effect On Other Constitutional Provisions. i. The provisions of this amendment shall be in lieu of those provisions of Article s 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, service, and complimtary service of open 'alcoholic beverages' to the public' 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 15: Severability. The provisions of this Amendment are severable, and if any should be held invalid, the remainder shall stand. Section 16: 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 17: Application. i. 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.