Ark. Code Ann. § 3-4-611 — AR Code / Title 3 / Chapter 4 / Subchapter 6 / Section 3-4-611
Hard cider manufacturing permit
Status: in_force

(a) A person may apply to the Director of the Alcoholic Beverage Control Division for a permit to manufacture, import, transport, store, and sell to a wholesaler, jobber, distributor, or retailer hard cider to be used and sold for beverage purposes as authorized under this section. (b) An application under this section shall: (1) Be in writing; (2) Be verified; (3) State in detail information concerning the applicant for the permit and the premises to be used by the applicant as required by the director; and (4) Be accompanied by a certified check, cash, or postal money order for the amount required in subsection (f) of this section for the permit. (c) If the director grants an application under this section, he or she shall issue the permit in a form prescribed by rule. (d) A permit under this section shall: (1) Contain a description of the premises to be used by the applicant; and (2) Permit the applicant to manufacture, transport, and sell to a wholesaler, jobber, distributor, or retailer hard cider in or from the premises specifically authorized under this section. (e) A hard cider manufacturer may: (1) Manufacture at its licensed facility no less than thirty-five percent (35%) of its hard cider to be sold in the state and no more than forty-five thousand (45,000) barrels per year; (2) (A) Sell, deliver, or transport hard cider manufactured by the hard cider manufacturer to, including without limitation: (i) Wholesalers; (ii) Retail license holders; (iii) Small brewery license holders; (iv) Small winery license holders; (v) Microbrewery-restaurant license holders; and (vi) Distillers. (B) (i) A hard cider manufacturer may only sell, deliver, or transport hard cider produced on the premises of the hard cider manufacturer under subdivision (e)(2)(A) of this section if the total production of the permitted hard cider manufacturer does not exceed fifteen thousand (15,000) barrels of hard cider per year from all facilities under common ownership with the hard cider manufacturer. (ii) Each permitted hard cider manufacturer shall submit documentation of production each year to renew the permit with the Alcoholic Beverage Control Division. (iii) A hard cider manufacturer may distribute no more than fifteen thousand (15,000) barrels per year. (C) (i) To sell and transport hard cider under subdivision (e)(2)(A) of this section, the hard cider manufacturing permit holder shall obtain a hard cider manufacturing wholesale permit. (ii) The hard cider manufacturing permit holder shall pay a fee of two hundred fifty dollars ($250) per year for the permit under subdivision (e)(2)(C)(i) of this section; (3) (A) Maintain one (1) separate manufacturing facility for the production or storage of hard cider as needed to meet demand, except that each facility used by the hard cider manufacturer permitee shall not in the aggregate produce more than forty-five thousand (45,000) barrels of hard cider per year. (B) Hard cider manufactured by a separate manufacturing facility of a hard cider manufacturing permittee shall be: (i) Sold to a licensed wholesaler; or (ii) Transported: (a) From the separate manufacturing facility to a facility commonly owned by the owner of the separate manufacturing facility for retail sale for consumption on or off the licensed premises; and (b) To the separate manufacturing facility from a facility commonly owned by the owner of the separate manufacturing facility for storage, production, or packaging; (4) Export hard cider manufactured by the manufacturer out of the state; (5) Sell for on-premises or off-premises consumption during legal operating hours hard cider manufactured by the manufacturer; (6) Serve on the premises: (A) Complimentary samples of hard cider manufactured by the manufacturer; and (B) (i) Spirituous liquors for on-premises consumption in a taproom under the license of a small brewery. (ii) Subdivision (e)(6)(B)(i) of this section authorizing on-premises consumption is effective only in cities and counties, or portions of cities and counties, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held under Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as provided in this chapter; (7) Sell at retail, by the drink or by the package, hard cider manufactured by the manufacturer; (8) Sell for consumption on the premises of the manufacturer: (A) Hard cider manufactured by the manufacturer; (B) Hard cider that the manufacturer may purchase from wholesalers licensed by the state; (C) Wine; (D) Beer; and (E) Malt beverages; (9) Store beer, malt beverages, wine, and hard cider legally purchased for resale on the premises; and (10) Sell hard cider manufactured by the manufacturer at fairs and festivals with the permission and the consent of the management of the events if the sale occurs in a wet area and the hard cider sold is for consumption by persons of legal age. (f) For the privilege of manufacturing hard cider, each person engaged in manufacturing hard cider shall pay an annual permit fee of three hundred dollars ($300) for each manufacturing plant. (g) Hard cider may be sold for consumption on-premises or off-premises, or both, during all legal operating hours in which business is normally and legally conducted on the premises, if: (1) The manufacturer provides tours through its facility; and (2) Only sealed containers are removed from the premises. (h) A manufacturer may donate or sell for resale hard cider it manufactures to a charitable or nonprofit organization holding a valid temporary permit issued by the Alcoholic Beverage Control Board. (i) (1) The division may authorize a manufacturer to conduct a hard cider-tasting event for educational or promotional purposes. (2) (A) Before an authorization is issued under subdivision (i)(1) of this section, the manufacturer shall provide written notice of the hard cider-tasting event at least two (2) weeks before the event. (B) A hard cider-tasting event under this subsection shall be held in any facility licensed by the division in a wet territory of this state. (j) (1) A hard cider manufacturer may transport its hard cider along any highway, road, street, or other thoroughfare of travel. (2) A hard cider manufacturer may ship hard cider it manufactures out of the state by common carrier or other appropriate parcel delivery service, and common carriers and other appropriate parcel delivery services may accept hard cider from Arkansas manufacturers for delivery outside the state. (3) A hard cider manufacturer in this state may ship hard cider it manufactures within the state by common carrier or other appropriate parcel delivery service, and common carriers and other appropriate parcel delivery services may accept hard cider from Arkansas manufacturers for delivery within the state if the hard cider is shipped only to persons holding a wholesale permit to purchase, store, sell, or dispense hard cider. (k) (1) A hard cider manufacturer may include a tap room at its facility and may: (A) Sell for both on-premises and off-premises consumption hard cider manufactured at the facility; and (B) Sell for on-premises consumption beer, hard cider, malt beverages, and wine not manufactured at the facility. (2) A hard cider manufacturer may operate a restaurant in conjunction with its tap room. (l) (1) A hard cider manufacturer selling and transporting hard cider manufactured on the premises of the facility is a supplier. (2) A hard cider manufacturer is not subject to § 3-5-1101 et seq. unless the hard cider manufacturer exceeds annual production of hard cider of fifteen thousand (15,000) barrels. (m) (1) A hard cider manufacturer may deliver or cause to be delivered hard cider directly to the private residence of a consumer twenty-one (21) years of age or older in a wet county or territorial subdivision during legal operating hours. (2) The hard cider manufacturer shall not deliver or cause to be delivered hard cider to an area outside of the county in which the permitted business is located. (3) Hard cider shall be delivered by an employee of the hard cider manufacturer permit holder and shall not be delivered through a third-party delivery. (n) The director shall adopt rules to implement and administer this section. Amended by Act 2021, No. 1060,§ 1, eff. 7/28/2021. Added by Act 2019, No. 691,§ 1, eff. 7/24/2019.

(a) A person may apply to the Director of the Alcoholic Beverage Control Division for a permit to manufacture, import, transport, store, and sell to a wholesaler, jobber, distributor, or retailer hard cider to be used and sold for beverage purposes as authorized under this section.

(b) An application under this section shall: (1) Be in writing; (2) Be verified; (3) State in detail information concerning the applicant for the permit and the premises to be used by the applicant as required by the director; and (4) Be accompanied by a certified check, cash, or postal money order for the amount required in subsection (f) of this section for the permit.

(1) Be in writing;

(2) Be verified;

(3) State in detail information concerning the applicant for the permit and the premises to be used by the applicant as required by the director; and

(4) Be accompanied by a certified check, cash, or postal money order for the amount required in subsection (f) of this section for the permit.

(c) If the director grants an application under this section, he or she shall issue the permit in a form prescribed by rule.

(d) A permit under this section shall: (1) Contain a description of the premises to be used by the applicant; and (2) Permit the applicant to manufacture, transport, and sell to a wholesaler, jobber, distributor, or retailer hard cider in or from the premises specifically authorized under this section.

(1) Contain a description of the premises to be used by the applicant; and

(2) Permit the applicant to manufacture, transport, and sell to a wholesaler, jobber, distributor, or retailer hard cider in or from the premises specifically authorized under this section.

(e) A hard cider manufacturer may: (1) Manufacture at its licensed facility no less than thirty-five percent (35%) of its hard cider to be sold in the state and no more than forty-five thousand (45,000) barrels per year; (2) (A) Sell, deliver, or transport hard cider manufactured by the hard cider manufacturer to, including without limitation: (i) Wholesalers; (ii) Retail license holders; (iii) Small brewery license holders; (iv) Small winery license holders; (v) Microbrewery-restaurant license holders; and (vi) Distillers. (B) (i) A hard cider manufacturer may only sell, deliver, or transport hard cider produced on the premises of the hard cider manufacturer under subdivision (e)(2)(A) of this section if the total production of the permitted hard cider manufacturer does not exceed fifteen thousand (15,000) barrels of hard cider per year from all facilities under common ownership with the hard cider manufacturer. (ii) Each permitted hard cider manufacturer shall submit documentation of production each year to renew the permit with the Alcoholic Beverage Control Division. (iii) A hard cider manufacturer may distribute no more than fifteen thousand (15,000) barrels per year. (C) (i) To sell and transport hard cider under subdivision (e)(2)(A) of this section, the hard cider manufacturing permit holder shall obtain a hard cider manufacturing wholesale permit. (ii) The hard cider manufacturing permit holder shall pay a fee of two hundred fifty dollars ($250) per year for the permit under subdivision (e)(2)(C)(i) of this section; (3) (A) Maintain one (1) separate manufacturing facility for the production or storage of hard cider as needed to meet demand, except that each facility used by the hard cider manufacturer permitee shall not in the aggregate produce more than forty-five thousand (45,000) barrels of hard cider per year. (B) Hard cider manufactured by a separate manufacturing facility of a hard cider manufacturing permittee shall be: (i) Sold to a licensed wholesaler; or (ii) Transported: (a) From the separate manufacturing facility to a facility commonly owned by the owner of the separate manufacturing facility for retail sale for consumption on or off the licensed premises; and (b) To the separate manufacturing facility from a facility commonly owned by the owner of the separate manufacturing facility for storage, production, or packaging; (4) Export hard cider manufactured by the manufacturer out of the state; (5) Sell for on-premises or off-premises consumption during legal operating hours hard cider manufactured by the manufacturer; (6) Serve on the premises: (A) Complimentary samples of hard cider manufactured by the manufacturer; and (B) (i) Spirituous liquors for on-premises consumption in a taproom under the license of a small brewery. (ii) Subdivision (e)(6)(B)(i) of this section authorizing on-premises consumption is effective only in cities and counties, or portions of cities and counties, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held under Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as provided in this chapter; (7) Sell at retail, by the drink or by the package, hard cider manufactured by the manufacturer; (8) Sell for consumption on the premises of the manufacturer: (A) Hard cider manufactured by the manufacturer; (B) Hard cider that the manufacturer may purchase from wholesalers licensed by the state; (C) Wine; (D) Beer; and (E) Malt beverages; (9) Store beer, malt beverages, wine, and hard cider legally purchased for resale on the premises; and (10) Sell hard cider manufactured by the manufacturer at fairs and festivals with the permission and the consent of the management of the events if the sale occurs in a wet area and the hard cider sold is for consumption by persons of legal age.

(1) Manufacture at its licensed facility no less than thirty-five percent (35%) of its hard cider to be sold in the state and no more than forty-five thousand (45,000) barrels per year;

(2) (A) Sell, deliver, or transport hard cider manufactured by the hard cider manufacturer to, including without limitation: (i) Wholesalers; (ii) Retail license holders; (iii) Small brewery license holders; (iv) Small winery license holders; (v) Microbrewery-restaurant license holders; and (vi) Distillers. (B) (i) A hard cider manufacturer may only sell, deliver, or transport hard cider produced on the premises of the hard cider manufacturer under subdivision (e)(2)(A) of this section if the total production of the permitted hard cider manufacturer does not exceed fifteen thousand (15,000) barrels of hard cider per year from all facilities under common ownership with the hard cider manufacturer. (ii) Each permitted hard cider manufacturer shall submit documentation of production each year to renew the permit with the Alcoholic Beverage Control Division. (iii) A hard cider manufacturer may distribute no more than fifteen thousand (15,000) barrels per year. (C) (i) To sell and transport hard cider under subdivision (e)(2)(A) of this section, the hard cider manufacturing permit holder shall obtain a hard cider manufacturing wholesale permit. (ii) The hard cider manufacturing permit holder shall pay a fee of two hundred fifty dollars ($250) per year for the permit under subdivision (e)(2)(C)(i) of this section;

(A) Sell, deliver, or transport hard cider manufactured by the hard cider manufacturer to, including without limitation: (i) Wholesalers; (ii) Retail license holders; (iii) Small brewery license holders; (iv) Small winery license holders; (v) Microbrewery-restaurant license holders; and (vi) Distillers.

(i) Wholesalers;

(ii) Retail license holders;

(iii) Small brewery license holders;

(iv) Small winery license holders;

(v) Microbrewery-restaurant license holders; and

(vi) Distillers.

(B) (i) A hard cider manufacturer may only sell, deliver, or transport hard cider produced on the premises of the hard cider manufacturer under subdivision (e)(2)(A) of this section if the total production of the permitted hard cider manufacturer does not exceed fifteen thousand (15,000) barrels of hard cider per year from all facilities under common ownership with the hard cider manufacturer. (ii) Each permitted hard cider manufacturer shall submit documentation of production each year to renew the permit with the Alcoholic Beverage Control Division. (iii) A hard cider manufacturer may distribute no more than fifteen thousand (15,000) barrels per year.

(i) A hard cider manufacturer may only sell, deliver, or transport hard cider produced on the premises of the hard cider manufacturer under subdivision (e)(2)(A) of this section if the total production of the permitted hard cider manufacturer does not exceed fifteen thousand (15,000) barrels of hard cider per year from all facilities under common ownership with the hard cider manufacturer.

(ii) Each permitted hard cider manufacturer shall submit documentation of production each year to renew the permit with the Alcoholic Beverage Control Division.

(iii) A hard cider manufacturer may distribute no more than fifteen thousand (15,000) barrels per year.

(C) (i) To sell and transport hard cider under subdivision (e)(2)(A) of this section, the hard cider manufacturing permit holder shall obtain a hard cider manufacturing wholesale permit. (ii) The hard cider manufacturing permit holder shall pay a fee of two hundred fifty dollars ($250) per year for the permit under subdivision (e)(2)(C)(i) of this section;

(i) To sell and transport hard cider under subdivision (e)(2)(A) of this section, the hard cider manufacturing permit holder shall obtain a hard cider manufacturing wholesale permit.

(ii) The hard cider manufacturing permit holder shall pay a fee of two hundred fifty dollars ($250) per year for the permit under subdivision (e)(2)(C)(i) of this section;

(3) (A) Maintain one (1) separate manufacturing facility for the production or storage of hard cider as needed to meet demand, except that each facility used by the hard cider manufacturer permitee shall not in the aggregate produce more than forty-five thousand (45,000) barrels of hard cider per year. (B) Hard cider manufactured by a separate manufacturing facility of a hard cider manufacturing permittee shall be: (i) Sold to a licensed wholesaler; or (ii) Transported: (a) From the separate manufacturing facility to a facility commonly owned by the owner of the separate manufacturing facility for retail sale for consumption on or off the licensed premises; and (b) To the separate manufacturing facility from a facility commonly owned by the owner of the separate manufacturing facility for storage, production, or packaging;

(A) Maintain one (1) separate manufacturing facility for the production or storage of hard cider as needed to meet demand, except that each facility used by the hard cider manufacturer permitee shall not in the aggregate produce more than forty-five thousand (45,000) barrels of hard cider per year.

(B) Hard cider manufactured by a separate manufacturing facility of a hard cider manufacturing permittee shall be: (i) Sold to a licensed wholesaler; or (ii) Transported: (a) From the separate manufacturing facility to a facility commonly owned by the owner of the separate manufacturing facility for retail sale for consumption on or off the licensed premises; and (b) To the separate manufacturing facility from a facility commonly owned by the owner of the separate manufacturing facility for storage, production, or packaging;

(i) Sold to a licensed wholesaler; or

(ii) Transported: (a) From the separate manufacturing facility to a facility commonly owned by the owner of the separate manufacturing facility for retail sale for consumption on or off the licensed premises; and (b) To the separate manufacturing facility from a facility commonly owned by the owner of the separate manufacturing facility for storage, production, or packaging;

(a) From the separate manufacturing facility to a facility commonly owned by the owner of the separate manufacturing facility for retail sale for consumption on or off the licensed premises; and

(b) To the separate manufacturing facility from a facility commonly owned by the owner of the separate manufacturing facility for storage, production, or packaging;

(4) Export hard cider manufactured by the manufacturer out of the state;

(5) Sell for on-premises or off-premises consumption during legal operating hours hard cider manufactured by the manufacturer;

(6) Serve on the premises: (A) Complimentary samples of hard cider manufactured by the manufacturer; and (B) (i) Spirituous liquors for on-premises consumption in a taproom under the license of a small brewery. (ii) Subdivision (e)(6)(B)(i) of this section authorizing on-premises consumption is effective only in cities and counties, or portions of cities and counties, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held under Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as provided in this chapter;

(A) Complimentary samples of hard cider manufactured by the manufacturer; and

(B) (i) Spirituous liquors for on-premises consumption in a taproom under the license of a small brewery. (ii) Subdivision (e)(6)(B)(i) of this section authorizing on-premises consumption is effective only in cities and counties, or portions of cities and counties, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held under Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as provided in this chapter;

(i) Spirituous liquors for on-premises consumption in a taproom under the license of a small brewery.

(ii) Subdivision (e)(6)(B)(i) of this section authorizing on-premises consumption is effective only in cities and counties, or portions of cities and counties, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held under Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as provided in this chapter;

(7) Sell at retail, by the drink or by the package, hard cider manufactured by the manufacturer;

(8) Sell for consumption on the premises of the manufacturer: (A) Hard cider manufactured by the manufacturer; (B) Hard cider that the manufacturer may purchase from wholesalers licensed by the state; (C) Wine; (D) Beer; and (E) Malt beverages;

(A) Hard cider manufactured by the manufacturer;

(B) Hard cider that the manufacturer may purchase from wholesalers licensed by the state;

(C) Wine;

(D) Beer; and

(E) Malt beverages;

(9) Store beer, malt beverages, wine, and hard cider legally purchased for resale on the premises; and

(10) Sell hard cider manufactured by the manufacturer at fairs and festivals with the permission and the consent of the management of the events if the sale occurs in a wet area and the hard cider sold is for consumption by persons of legal age.

(f) For the privilege of manufacturing hard cider, each person engaged in manufacturing hard cider shall pay an annual permit fee of three hundred dollars ($300) for each manufacturing plant.

(g) Hard cider may be sold for consumption on-premises or off-premises, or both, during all legal operating hours in which business is normally and legally conducted on the premises, if: (1) The manufacturer provides tours through its facility; and (2) Only sealed containers are removed from the premises.

(1) The manufacturer provides tours through its facility; and

(2) Only sealed containers are removed from the premises.

(h) A manufacturer may donate or sell for resale hard cider it manufactures to a charitable or nonprofit organization holding a valid temporary permit issued by the Alcoholic Beverage Control Board.

(i) (1) The division may authorize a manufacturer to conduct a hard cider-tasting event for educational or promotional purposes. (2) (A) Before an authorization is issued under subdivision (i)(1) of this section, the manufacturer shall provide written notice of the hard cider-tasting event at least two (2) weeks before the event. (B) A hard cider-tasting event under this subsection shall be held in any facility licensed by the division in a wet territory of this state.

(1) The division may authorize a manufacturer to conduct a hard cider-tasting event for educational or promotional purposes.

(2) (A) Before an authorization is issued under subdivision (i)(1) of this section, the manufacturer shall provide written notice of the hard cider-tasting event at least two (2) weeks before the event. (B) A hard cider-tasting event under this subsection shall be held in any facility licensed by the division in a wet territory of this state.

(A) Before an authorization is issued under subdivision (i)(1) of this section, the manufacturer shall provide written notice of the hard cider-tasting event at least two (2) weeks before the event.

(B) A hard cider-tasting event under this subsection shall be held in any facility licensed by the division in a wet territory of this state.

(j) (1) A hard cider manufacturer may transport its hard cider along any highway, road, street, or other thoroughfare of travel. (2) A hard cider manufacturer may ship hard cider it manufactures out of the state by common carrier or other appropriate parcel delivery service, and common carriers and other appropriate parcel delivery services may accept hard cider from Arkansas manufacturers for delivery outside the state. (3) A hard cider manufacturer in this state may ship hard cider it manufactures within the state by common carrier or other appropriate parcel delivery service, and common carriers and other appropriate parcel delivery services may accept hard cider from Arkansas manufacturers for delivery within the state if the hard cider is shipped only to persons holding a wholesale permit to purchase, store, sell, or dispense hard cider.

(1) A hard cider manufacturer may transport its hard cider along any highway, road, street, or other thoroughfare of travel.

(2) A hard cider manufacturer may ship hard cider it manufactures out of the state by common carrier or other appropriate parcel delivery service, and common carriers and other appropriate parcel delivery services may accept hard cider from Arkansas manufacturers for delivery outside the state.

(3) A hard cider manufacturer in this state may ship hard cider it manufactures within the state by common carrier or other appropriate parcel delivery service, and common carriers and other appropriate parcel delivery services may accept hard cider from Arkansas manufacturers for delivery within the state if the hard cider is shipped only to persons holding a wholesale permit to purchase, store, sell, or dispense hard cider.

(k) (1) A hard cider manufacturer may include a tap room at its facility and may: (A) Sell for both on-premises and off-premises consumption hard cider manufactured at the facility; and (B) Sell for on-premises consumption beer, hard cider, malt beverages, and wine not manufactured at the facility. (2) A hard cider manufacturer may operate a restaurant in conjunction with its tap room.

(1) A hard cider manufacturer may include a tap room at its facility and may: (A) Sell for both on-premises and off-premises consumption hard cider manufactured at the facility; and (B) Sell for on-premises consumption beer, hard cider, malt beverages, and wine not manufactured at the facility.

(A) Sell for both on-premises and off-premises consumption hard cider manufactured at the facility; and

(B) Sell for on-premises consumption beer, hard cider, malt beverages, and wine not manufactured at the facility.

(2) A hard cider manufacturer may operate a restaurant in conjunction with its tap room.

(l) (1) A hard cider manufacturer selling and transporting hard cider manufactured on the premises of the facility is a supplier. (2) A hard cider manufacturer is not subject to § 3-5-1101 et seq. unless the hard cider manufacturer exceeds annual production of hard cider of fifteen thousand (15,000) barrels.

(1) A hard cider manufacturer selling and transporting hard cider manufactured on the premises of the facility is a supplier.

(2) A hard cider manufacturer is not subject to § 3-5-1101 et seq. unless the hard cider manufacturer exceeds annual production of hard cider of fifteen thousand (15,000) barrels.

(m) (1) A hard cider manufacturer may deliver or cause to be delivered hard cider directly to the private residence of a consumer twenty-one (21) years of age or older in a wet county or territorial subdivision during legal operating hours. (2) The hard cider manufacturer shall not deliver or cause to be delivered hard cider to an area outside of the county in which the permitted business is located. (3) Hard cider shall be delivered by an employee of the hard cider manufacturer permit holder and shall not be delivered through a third-party delivery.

(1) A hard cider manufacturer may deliver or cause to be delivered hard cider directly to the private residence of a consumer twenty-one (21) years of age or older in a wet county or territorial subdivision during legal operating hours.

(2) The hard cider manufacturer shall not deliver or cause to be delivered hard cider to an area outside of the county in which the permitted business is located.

(3) Hard cider shall be delivered by an employee of the hard cider manufacturer permit holder and shall not be delivered through a third-party delivery.

(n) The director shall adopt rules to implement and administer this section.

Amended by Act 2021, No. 1060,§ 1, eff. 7/28/2021.

Added by Act 2019, No. 691,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 3-5-1111 — AR Code / Title 3 / Chapter 5 / Subchapter 11 / Section 3-5-1111
Conditions for modification of agreement
Status: in_force

(a) Notwithstanding any agreement and except as otherwise provided for in this subchapter, a supplier shall not amend or modify an agreement, cause a wholesaler to resign from an agreement, or cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the supplier has complied with all of the following: (1) Has satisfied the applicable notice requirements of this section; (2) Has acted in good faith; and (3) Has good cause for the amendment, modification, cancellation, termination, nonrenewal, discontinuance, or forced resignation. (b) For each amendment, modification, termination, cancellation, nonrenewal, or discontinuance, the supplier shall have the burden of proving: (1) That it has acted in good faith; (2) That the notice requirements under this section have been complied with; and (3) That there was good cause for the amendment, modification, termination, cancellation, nonrenewal, or discontinuance. (c) (1) Notwithstanding any agreement and except as otherwise provided in this section, and in addition to the time limits set forth in subdivision (d)(4) of this section, the supplier shall furnish written notice of the amendment, modification, termination, cancellation, nonrenewal, or discontinuance of an agreement to the wholesaler not less than thirty (30) days before the effective date of the amendment, modification, termination, cancellation, nonrenewal, or discontinuance. (2) The notice shall be by certified mail and shall contain all of the following: (A) A statement of intention to amend, modify, terminate, cancel, not renew, or discontinue the agreement; (B) A statement of the reason for the amendment, modification, termination, cancellation, nonrenewal, or discontinuance; and (C) The date on which the amendment, modification, termination, cancellation, nonrenewal, or discontinuance takes effect. (d) Notwithstanding any agreement, good cause shall exist for the purposes of a termination, cancellation, nonrenewal, or discontinuance under subdivision (a)(3) of this section when all of the following occur: (1) There is a failure by the wholesaler to comply with a provision of the agreement which is both reasonable and of material significance to the business relationship between the wholesaler and the supplier; (2) The supplier first acquired knowledge of the failure described in subdivision (d)(1) of this section not more than twenty-four (24) months before the date notification was given pursuant to subsection (c) of this section; (3) The wholesaler was given notice by the supplier of failure to comply with the agreement; and (4) The wholesaler has been afforded thirty (30) days in which to submit a plan of corrective action to comply with the agreement and an additional ninety (90) days to cure such noncompliance in accordance with the plan. (e) Notwithstanding subsections (a) and (c) of this section, a supplier may terminate, cancel, fail to renew, or discontinue an agreement immediately upon written notice given in the manner and containing the information required by subsection (c) of this section, if any of the following occur: (1) Insolvency of the wholesaler, the filing of any petition by or against the wholesaler under any bankruptcy or receivership law, or the assignment for the benefit of creditors or dissolution or liquidation of the wholesaler which materially affects the wholesaler's ability to remain in business; (2) Revocation or suspension of the wholesaler's state or federal license by the appropriate regulatory agency whereby the wholesaler cannot service the wholesaler's sales territory for more than thirty-one (31) days; (3) The wholesaler, or a partner or an individual who owns ten percent (10%) or more of the partnership or stock of a corporate wholesaler, has been convicted of a felony under the United States Code or the laws of any state which reasonably may adversely affect the good will or interest of the wholesaler or supplier. However, an existing stockholder or stockholders, or partner or partners, or a designated member or members, shall have, subject to the provisions of this subchapter, the right to purchase the partnership interest or the stock of the offending partner or stockholder prior to the conviction of the offending partner or stockholder, and if the sale is completed prior to conviction the provisions of this subdivision (e)(3) shall not apply; (4) There was fraudulent conduct relating to a material matter on the part of the wholesaler in dealings with the supplier or its product. Provided, however, the supplier shall have the burden of proving fraudulent conduct relating to a material matter on the part of the wholesaler in any legal action challenging such termination; (5) (A) The wholesaler failed to confine to the designated sales territory its sales of a brand or brands to retailers. (B) Subdivision (e)(5)(A) of this section does not apply if there is a dispute between two (2) or more wholesalers as to the boundaries of the assigned territory and the boundaries cannot be determined by a reading of the description contained in the agreements between the supplier and the wholesalers; (6) A wholesaler has failed to pay for beer ordered and delivered in accordance with established terms and the wholesaler fails to make full payment within two (2) business days after receipt of written notice of the delinquency and demand for immediate payment from the supplier; (7) A wholesaler intentionally has made a transfer of the wholesaler's business, other than a transfer to a designated member without prior written notice to the supplier, and has failed, within thirty (30) days from the receipt of written notice from the supplier of its intent to terminate on the ground of such transfer, to reverse said transfer of the wholesaler's business; (8) A wholesaler intentionally has made a transfer of the wholesaler's business, other than a transfer to a designated member, although the wholesaler has prior to the transfer received from the supplier a timely notice of disapproval of the transfer in accordance with this subchapter; or (9) The wholesaler intentionally ceases to carry on business with respect to any of the supplier's brand or brands previously serviced by a wholesaler in its territory designated by the supplier, unless such cessation is due to force majeure or to labor dispute and the wholesaler has made good faith efforts to overcome such events. Provided, however, this shall affect only that brand or brands with respect to which the wholesaler ceased to carry on business. (f) (1) Notwithstanding subsections (a), (c), and (e) of this section, a supplier may terminate, cancel, not renew, or discontinue an agreement upon not less than thirty (30) days' prior written notice if the supplier discontinues production or discontinues distribution in this state of all the brands sold by the supplier to the wholesaler. (2) Provided, however, nothing in this section shall prohibit a supplier from: (A) Upon not less than thirty (30) days' notice, discontinuing the distribution of any particular brand or package of beer; or (B) Conducting test marketing of a new brand of beer which is not currently being sold in this state, provided that the supplier has notified the Director of the Alcoholic Beverage Control Division in writing of its plans to test market, which notice shall describe the market area in which the test shall be conducted, the name or names of the wholesaler or wholesalers who will be selling the beer, the name or names of the brand of beer being tested, and the period of time, not to exceed eighteen (18) months, during which the testing will take place. Acts 1991, No. 8, § 5; 1991, No. 866, § 5.

(a) Notwithstanding any agreement and except as otherwise provided for in this subchapter, a supplier shall not amend or modify an agreement, cause a wholesaler to resign from an agreement, or cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the supplier has complied with all of the following: (1) Has satisfied the applicable notice requirements of this section; (2) Has acted in good faith; and (3) Has good cause for the amendment, modification, cancellation, termination, nonrenewal, discontinuance, or forced resignation.

(1) Has satisfied the applicable notice requirements of this section;

(2) Has acted in good faith; and

(3) Has good cause for the amendment, modification, cancellation, termination, nonrenewal, discontinuance, or forced resignation.

(b) For each amendment, modification, termination, cancellation, nonrenewal, or discontinuance, the supplier shall have the burden of proving: (1) That it has acted in good faith; (2) That the notice requirements under this section have been complied with; and (3) That there was good cause for the amendment, modification, termination, cancellation, nonrenewal, or discontinuance.

(1) That it has acted in good faith;

(2) That the notice requirements under this section have been complied with; and

(3) That there was good cause for the amendment, modification, termination, cancellation, nonrenewal, or discontinuance.

(c) (1) Notwithstanding any agreement and except as otherwise provided in this section, and in addition to the time limits set forth in subdivision (d)(4) of this section, the supplier shall furnish written notice of the amendment, modification, termination, cancellation, nonrenewal, or discontinuance of an agreement to the wholesaler not less than thirty (30) days before the effective date of the amendment, modification, termination, cancellation, nonrenewal, or discontinuance. (2) The notice shall be by certified mail and shall contain all of the following: (A) A statement of intention to amend, modify, terminate, cancel, not renew, or discontinue the agreement; (B) A statement of the reason for the amendment, modification, termination, cancellation, nonrenewal, or discontinuance; and (C) The date on which the amendment, modification, termination, cancellation, nonrenewal, or discontinuance takes effect.

(1) Notwithstanding any agreement and except as otherwise provided in this section, and in addition to the time limits set forth in subdivision (d)(4) of this section, the supplier shall furnish written notice of the amendment, modification, termination, cancellation, nonrenewal, or discontinuance of an agreement to the wholesaler not less than thirty (30) days before the effective date of the amendment, modification, termination, cancellation, nonrenewal, or discontinuance.

(2) The notice shall be by certified mail and shall contain all of the following: (A) A statement of intention to amend, modify, terminate, cancel, not renew, or discontinue the agreement; (B) A statement of the reason for the amendment, modification, termination, cancellation, nonrenewal, or discontinuance; and (C) The date on which the amendment, modification, termination, cancellation, nonrenewal, or discontinuance takes effect.

(A) A statement of intention to amend, modify, terminate, cancel, not renew, or discontinue the agreement;

(B) A statement of the reason for the amendment, modification, termination, cancellation, nonrenewal, or discontinuance; and

(C) The date on which the amendment, modification, termination, cancellation, nonrenewal, or discontinuance takes effect.

(d) Notwithstanding any agreement, good cause shall exist for the purposes of a termination, cancellation, nonrenewal, or discontinuance under subdivision (a)(3) of this section when all of the following occur: (1) There is a failure by the wholesaler to comply with a provision of the agreement which is both reasonable and of material significance to the business relationship between the wholesaler and the supplier; (2) The supplier first acquired knowledge of the failure described in subdivision (d)(1) of this section not more than twenty-four (24) months before the date notification was given pursuant to subsection (c) of this section; (3) The wholesaler was given notice by the supplier of failure to comply with the agreement; and (4) The wholesaler has been afforded thirty (30) days in which to submit a plan of corrective action to comply with the agreement and an additional ninety (90) days to cure such noncompliance in accordance with the plan.

(1) There is a failure by the wholesaler to comply with a provision of the agreement which is both reasonable and of material significance to the business relationship between the wholesaler and the supplier;

(2) The supplier first acquired knowledge of the failure described in subdivision (d)(1) of this section not more than twenty-four (24) months before the date notification was given pursuant to subsection (c) of this section;

(3) The wholesaler was given notice by the supplier of failure to comply with the agreement; and

(4) The wholesaler has been afforded thirty (30) days in which to submit a plan of corrective action to comply with the agreement and an additional ninety (90) days to cure such noncompliance in accordance with the plan.

(e) Notwithstanding subsections (a) and (c) of this section, a supplier may terminate, cancel, fail to renew, or discontinue an agreement immediately upon written notice given in the manner and containing the information required by subsection (c) of this section, if any of the following occur: (1) Insolvency of the wholesaler, the filing of any petition by or against the wholesaler under any bankruptcy or receivership law, or the assignment for the benefit of creditors or dissolution or liquidation of the wholesaler which materially affects the wholesaler's ability to remain in business; (2) Revocation or suspension of the wholesaler's state or federal license by the appropriate regulatory agency whereby the wholesaler cannot service the wholesaler's sales territory for more than thirty-one (31) days; (3) The wholesaler, or a partner or an individual who owns ten percent (10%) or more of the partnership or stock of a corporate wholesaler, has been convicted of a felony under the United States Code or the laws of any state which reasonably may adversely affect the good will or interest of the wholesaler or supplier. However, an existing stockholder or stockholders, or partner or partners, or a designated member or members, shall have, subject to the provisions of this subchapter, the right to purchase the partnership interest or the stock of the offending partner or stockholder prior to the conviction of the offending partner or stockholder, and if the sale is completed prior to conviction the provisions of this subdivision (e)(3) shall not apply; (4) There was fraudulent conduct relating to a material matter on the part of the wholesaler in dealings with the supplier or its product. Provided, however, the supplier shall have the burden of proving fraudulent conduct relating to a material matter on the part of the wholesaler in any legal action challenging such termination; (5) (A) The wholesaler failed to confine to the designated sales territory its sales of a brand or brands to retailers. (B) Subdivision (e)(5)(A) of this section does not apply if there is a dispute between two (2) or more wholesalers as to the boundaries of the assigned territory and the boundaries cannot be determined by a reading of the description contained in the agreements between the supplier and the wholesalers; (6) A wholesaler has failed to pay for beer ordered and delivered in accordance with established terms and the wholesaler fails to make full payment within two (2) business days after receipt of written notice of the delinquency and demand for immediate payment from the supplier; (7) A wholesaler intentionally has made a transfer of the wholesaler's business, other than a transfer to a designated member without prior written notice to the supplier, and has failed, within thirty (30) days from the receipt of written notice from the supplier of its intent to terminate on the ground of such transfer, to reverse said transfer of the wholesaler's business; (8) A wholesaler intentionally has made a transfer of the wholesaler's business, other than a transfer to a designated member, although the wholesaler has prior to the transfer received from the supplier a timely notice of disapproval of the transfer in accordance with this subchapter; or (9) The wholesaler intentionally ceases to carry on business with respect to any of the supplier's brand or brands previously serviced by a wholesaler in its territory designated by the supplier, unless such cessation is due to force majeure or to labor dispute and the wholesaler has made good faith efforts to overcome such events. Provided, however, this shall affect only that brand or brands with respect to which the wholesaler ceased to carry on business.

(1) Insolvency of the wholesaler, the filing of any petition by or against the wholesaler under any bankruptcy or receivership law, or the assignment for the benefit of creditors or dissolution or liquidation of the wholesaler which materially affects the wholesaler's ability to remain in business;

(2) Revocation or suspension of the wholesaler's state or federal license by the appropriate regulatory agency whereby the wholesaler cannot service the wholesaler's sales territory for more than thirty-one (31) days;

(3) The wholesaler, or a partner or an individual who owns ten percent (10%) or more of the partnership or stock of a corporate wholesaler, has been convicted of a felony under the United States Code or the laws of any state which reasonably may adversely affect the good will or interest of the wholesaler or supplier. However, an existing stockholder or stockholders, or partner or partners, or a designated member or members, shall have, subject to the provisions of this subchapter, the right to purchase the partnership interest or the stock of the offending partner or stockholder prior to the conviction of the offending partner or stockholder, and if the sale is completed prior to conviction the provisions of this subdivision (e)(3) shall not apply;

(4) There was fraudulent conduct relating to a material matter on the part of the wholesaler in dealings with the supplier or its product. Provided, however, the supplier shall have the burden of proving fraudulent conduct relating to a material matter on the part of the wholesaler in any legal action challenging such termination;

(5) (A) The wholesaler failed to confine to the designated sales territory its sales of a brand or brands to retailers. (B) Subdivision (e)(5)(A) of this section does not apply if there is a dispute between two (2) or more wholesalers as to the boundaries of the assigned territory and the boundaries cannot be determined by a reading of the description contained in the agreements between the supplier and the wholesalers;

(A) The wholesaler failed to confine to the designated sales territory its sales of a brand or brands to retailers.

(B) Subdivision (e)(5)(A) of this section does not apply if there is a dispute between two (2) or more wholesalers as to the boundaries of the assigned territory and the boundaries cannot be determined by a reading of the description contained in the agreements between the supplier and the wholesalers;

(6) A wholesaler has failed to pay for beer ordered and delivered in accordance with established terms and the wholesaler fails to make full payment within two (2) business days after receipt of written notice of the delinquency and demand for immediate payment from the supplier;

(7) A wholesaler intentionally has made a transfer of the wholesaler's business, other than a transfer to a designated member without prior written notice to the supplier, and has failed, within thirty (30) days from the receipt of written notice from the supplier of its intent to terminate on the ground of such transfer, to reverse said transfer of the wholesaler's business;

(8) A wholesaler intentionally has made a transfer of the wholesaler's business, other than a transfer to a designated member, although the wholesaler has prior to the transfer received from the supplier a timely notice of disapproval of the transfer in accordance with this subchapter; or

(9) The wholesaler intentionally ceases to carry on business with respect to any of the supplier's brand or brands previously serviced by a wholesaler in its territory designated by the supplier, unless such cessation is due to force majeure or to labor dispute and the wholesaler has made good faith efforts to overcome such events. Provided, however, this shall affect only that brand or brands with respect to which the wholesaler ceased to carry on business.

(f) (1) Notwithstanding subsections (a), (c), and (e) of this section, a supplier may terminate, cancel, not renew, or discontinue an agreement upon not less than thirty (30) days' prior written notice if the supplier discontinues production or discontinues distribution in this state of all the brands sold by the supplier to the wholesaler. (2) Provided, however, nothing in this section shall prohibit a supplier from: (A) Upon not less than thirty (30) days' notice, discontinuing the distribution of any particular brand or package of beer; or (B) Conducting test marketing of a new brand of beer which is not currently being sold in this state, provided that the supplier has notified the Director of the Alcoholic Beverage Control Division in writing of its plans to test market, which notice shall describe the market area in which the test shall be conducted, the name or names of the wholesaler or wholesalers who will be selling the beer, the name or names of the brand of beer being tested, and the period of time, not to exceed eighteen (18) months, during which the testing will take place.

(1) Notwithstanding subsections (a), (c), and (e) of this section, a supplier may terminate, cancel, not renew, or discontinue an agreement upon not less than thirty (30) days' prior written notice if the supplier discontinues production or discontinues distribution in this state of all the brands sold by the supplier to the wholesaler.

(2) Provided, however, nothing in this section shall prohibit a supplier from: (A) Upon not less than thirty (30) days' notice, discontinuing the distribution of any particular brand or package of beer; or (B) Conducting test marketing of a new brand of beer which is not currently being sold in this state, provided that the supplier has notified the Director of the Alcoholic Beverage Control Division in writing of its plans to test market, which notice shall describe the market area in which the test shall be conducted, the name or names of the wholesaler or wholesalers who will be selling the beer, the name or names of the brand of beer being tested, and the period of time, not to exceed eighteen (18) months, during which the testing will take place.

(A) Upon not less than thirty (30) days' notice, discontinuing the distribution of any particular brand or package of beer; or

(B) Conducting test marketing of a new brand of beer which is not currently being sold in this state, provided that the supplier has notified the Director of the Alcoholic Beverage Control Division in writing of its plans to test market, which notice shall describe the market area in which the test shall be conducted, the name or names of the wholesaler or wholesalers who will be selling the beer, the name or names of the brand of beer being tested, and the period of time, not to exceed eighteen (18) months, during which the testing will take place.

Acts 1991, No. 8, § 5; 1991, No. 866, § 5.
Ark. Code Ann. § 3-2-413 — AR Code / Title 3 / Chapter 2 / Subchapter 4 / Section 3-2-413
Labels for confectionaries containing nonliquid alcohol
Status: in_force

A confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) by volume of alcohol shall bear a label stating: "This product contains up to 5% alcohol by volume". Added by Act 2017, No. 1035,§ 2, eff. 8/1/2017.

A confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) by volume of alcohol shall bear a label stating: "This product contains up to 5% alcohol by volume".

Added by Act 2017, No. 1035,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 3-5-304 — AR Code / Title 3 / Chapter 5 / Subchapter 3 / Section 3-5-304
Applications - Notice requirements
Status: in_force

(a) (1) After filing an acceptable application with the Director of the Alcoholic Beverage Control Division, the applicant shall cause to be published at least once a week for two (2) consecutive weeks in a legal newspaper of general circulation in the city in which the premises are situated or, if the premises are not in a city, in a newspaper of general circulation for the locality where the business is to be conducted, a notice that the applicant has applied for a permit to sell beer at retail. (2) The notice shall be in such form as the director shall prescribe by rule, regulation, or order and shall be verified. (3) The notice shall give the names of the applicant and the business and shall state that the applicant is a resident of Arkansas, that he or she has a good moral character, that he or she has never been convicted of a felony or had a license to sell alcoholic beverages revoked within the five (5) years preceding the date of this notice, whether issued by this state or any other state, and that he or she has not been convicted of violating laws of this state or any other state governing the sale of alcoholic beverages within five (5) years preceding the date of this notice. (b) (1) Within five (5) days after filing an application for a permit to sell beer at retail at any premises, a notice of the application shall be posted in a conspicuous place at the entrance to the premises. (2) The applicant shall notify the director of the date when the notice is first posted. (3) No permit shall be issued to any applicant until proper notice has been so posted on the premises for at least thirty (30) consecutive days. (4) The notice shall be in such form as the director shall prescribe by rule, regulation, or order. (c) (1) Upon receipt by the director of an application for a permit, written notice thereof, which shall include a copy of the application, shall immediately be mailed by the director to the sheriff, chief of police, if located within a city, and prosecuting attorney of the locality in which the premises are situated, and to the city board of directors or other governing body of the city in which the premises are situated, if within an incorporated area. (2) No license shall be issued by the director until at least thirty (30) days have passed from the mailing by the director of the notices required by this section. Acts 1943, No. 244, § 1; 1967, No. 239, § 2; 1973, No. 189, § 2; A.S.A. 1947, § 48-528; Acts 1989, No. 297, § 3; 1991, No. 606, § 6; 1995, No. 652, § 10.

(a) (1) After filing an acceptable application with the Director of the Alcoholic Beverage Control Division, the applicant shall cause to be published at least once a week for two (2) consecutive weeks in a legal newspaper of general circulation in the city in which the premises are situated or, if the premises are not in a city, in a newspaper of general circulation for the locality where the business is to be conducted, a notice that the applicant has applied for a permit to sell beer at retail. (2) The notice shall be in such form as the director shall prescribe by rule, regulation, or order and shall be verified. (3) The notice shall give the names of the applicant and the business and shall state that the applicant is a resident of Arkansas, that he or she has a good moral character, that he or she has never been convicted of a felony or had a license to sell alcoholic beverages revoked within the five (5) years preceding the date of this notice, whether issued by this state or any other state, and that he or she has not been convicted of violating laws of this state or any other state governing the sale of alcoholic beverages within five (5) years preceding the date of this notice.

(1) After filing an acceptable application with the Director of the Alcoholic Beverage Control Division, the applicant shall cause to be published at least once a week for two (2) consecutive weeks in a legal newspaper of general circulation in the city in which the premises are situated or, if the premises are not in a city, in a newspaper of general circulation for the locality where the business is to be conducted, a notice that the applicant has applied for a permit to sell beer at retail.

(2) The notice shall be in such form as the director shall prescribe by rule, regulation, or order and shall be verified.

(3) The notice shall give the names of the applicant and the business and shall state that the applicant is a resident of Arkansas, that he or she has a good moral character, that he or she has never been convicted of a felony or had a license to sell alcoholic beverages revoked within the five (5) years preceding the date of this notice, whether issued by this state or any other state, and that he or she has not been convicted of violating laws of this state or any other state governing the sale of alcoholic beverages within five (5) years preceding the date of this notice.

(b) (1) Within five (5) days after filing an application for a permit to sell beer at retail at any premises, a notice of the application shall be posted in a conspicuous place at the entrance to the premises. (2) The applicant shall notify the director of the date when the notice is first posted. (3) No permit shall be issued to any applicant until proper notice has been so posted on the premises for at least thirty (30) consecutive days. (4) The notice shall be in such form as the director shall prescribe by rule, regulation, or order.

(1) Within five (5) days after filing an application for a permit to sell beer at retail at any premises, a notice of the application shall be posted in a conspicuous place at the entrance to the premises.

(2) The applicant shall notify the director of the date when the notice is first posted.

(3) No permit shall be issued to any applicant until proper notice has been so posted on the premises for at least thirty (30) consecutive days.

(4) The notice shall be in such form as the director shall prescribe by rule, regulation, or order.

(c) (1) Upon receipt by the director of an application for a permit, written notice thereof, which shall include a copy of the application, shall immediately be mailed by the director to the sheriff, chief of police, if located within a city, and prosecuting attorney of the locality in which the premises are situated, and to the city board of directors or other governing body of the city in which the premises are situated, if within an incorporated area. (2) No license shall be issued by the director until at least thirty (30) days have passed from the mailing by the director of the notices required by this section.

(1) Upon receipt by the director of an application for a permit, written notice thereof, which shall include a copy of the application, shall immediately be mailed by the director to the sheriff, chief of police, if located within a city, and prosecuting attorney of the locality in which the premises are situated, and to the city board of directors or other governing body of the city in which the premises are situated, if within an incorporated area.

(2) No license shall be issued by the director until at least thirty (30) days have passed from the mailing by the director of the notices required by this section.

Acts 1943, No. 244, § 1; 1967, No. 239, § 2; 1973, No. 189, § 2; A.S.A. 1947, § 48-528; Acts 1989, No. 297, § 3; 1991, No. 606, § 6; 1995, No. 652, § 10.
Ark. Code Ann. § 3-8-305 — AR Code / Title 3 / Chapter 8 / Subchapter 3 / Section 3-8-305
Elections for entire county, district, or city - Effect
Status: in_force

(a) (1) No election in any town, city, district, or precinct of a county shall be held under this subchapter on the same day on which an election for the entire county is held. (2) When an election is held in an entire county and a majority of the legal votes cast at the election are against the sale, barter, or loan of spirituous, vinous, malt, or other intoxicating liquors, then it shall not be lawful to sell, barter, or loan any liquors in any portion of the county. (3) If, at an election for the entire county, the majority of the legal votes cast are in favor of the sale, barter, or loan of any liquors, the election shall not operate to make it legal to grant license to sell, barter, or loan such liquors in any territorial division of the county from which the sale, barter, or loan has been excluded by an election held under this subchapter, but the status of the territorial division shall remain as if no election had been held. (b) (1) No election shall be held in any election precinct under this act on the same day on which an election is held for the district or city of which the precinct is a part. (2) If, at an election held for the entire district or city, the majority of legal votes cast shall be in favor of the sale, barter, or loan of spirituous, vinous, malt, or other liquors, then the status in the several precincts thereof shall remain as it was before the election. (3) If the majority should be against the sale, then the sale, barter, or loan of such liquors shall be unlawful in every portion of the district or city. Acts 1935, No. 108, Art. 7, § 10; Pope's Dig., § 14157; A.S.A. 1947, § 48-816.

(a) (1) No election in any town, city, district, or precinct of a county shall be held under this subchapter on the same day on which an election for the entire county is held. (2) When an election is held in an entire county and a majority of the legal votes cast at the election are against the sale, barter, or loan of spirituous, vinous, malt, or other intoxicating liquors, then it shall not be lawful to sell, barter, or loan any liquors in any portion of the county. (3) If, at an election for the entire county, the majority of the legal votes cast are in favor of the sale, barter, or loan of any liquors, the election shall not operate to make it legal to grant license to sell, barter, or loan such liquors in any territorial division of the county from which the sale, barter, or loan has been excluded by an election held under this subchapter, but the status of the territorial division shall remain as if no election had been held.

(1) No election in any town, city, district, or precinct of a county shall be held under this subchapter on the same day on which an election for the entire county is held.

(2) When an election is held in an entire county and a majority of the legal votes cast at the election are against the sale, barter, or loan of spirituous, vinous, malt, or other intoxicating liquors, then it shall not be lawful to sell, barter, or loan any liquors in any portion of the county.

(3) If, at an election for the entire county, the majority of the legal votes cast are in favor of the sale, barter, or loan of any liquors, the election shall not operate to make it legal to grant license to sell, barter, or loan such liquors in any territorial division of the county from which the sale, barter, or loan has been excluded by an election held under this subchapter, but the status of the territorial division shall remain as if no election had been held.

(b) (1) No election shall be held in any election precinct under this act on the same day on which an election is held for the district or city of which the precinct is a part. (2) If, at an election held for the entire district or city, the majority of legal votes cast shall be in favor of the sale, barter, or loan of spirituous, vinous, malt, or other liquors, then the status in the several precincts thereof shall remain as it was before the election. (3) If the majority should be against the sale, then the sale, barter, or loan of such liquors shall be unlawful in every portion of the district or city.

(1) No election shall be held in any election precinct under this act on the same day on which an election is held for the district or city of which the precinct is a part.

(2) If, at an election held for the entire district or city, the majority of legal votes cast shall be in favor of the sale, barter, or loan of spirituous, vinous, malt, or other liquors, then the status in the several precincts thereof shall remain as it was before the election.

(3) If the majority should be against the sale, then the sale, barter, or loan of such liquors shall be unlawful in every portion of the district or city.

Acts 1935, No. 108, Art. 7, § 10; Pope's Dig., § 14157; A.S.A. 1947, § 48-816.
Ark. Code Ann. § 3-4-201 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-201
Number of permits restricted - Definition
Status: in_force

(a) The public policy of the state is to restrict the number of permits in this state to dispense vinous (except small farm wines), spirituous, or malt liquor. (b) (1) The Alcoholic Beverage Control Board shall determine whether public convenience and advantage will be promoted by issuing a permit and by increasing or decreasing the number of permits the board issues. (2) The number of permits issued by the board shall be restricted. (c) The board has the discretion to determine the number of permits to be granted in each county of this state or within the corporate limits of any municipality of this state and to determine the location and the persons to whom the permits shall be issued, under the following conditions: (1) The number of permits allowing the off-premises sale of vinous (except small farm wines), spirituous, or malt liquor in the State of Arkansas shall not exceed a ratio of one (1) permit for every seven thousand five hundred (7,500) population residing in the county or political subdivision of the county; (2) (A) The number of permits allowing the off-premises sale of vinous (except small farm wines), spirituous, or malt liquor in a county or political subdivision of the county that permits the sale shall not exceed a ratio of one (1) permit for every seven thousand five hundred (7,500) population residing in that county or political subdivision of the county. (B) Population of the county or political subdivision of the county shall: (i) Be determined according to the most recent federal decennial census; and (ii) Count all residents of the county or political subdivision of the county, including without limitation the residents of a dry political subdivision of a county; (3) A new permit that is issued in a county or political subdivision of the county following the most recent federal decennial census shall be issued under the following restrictions: (A) Additional permits may be issued at a ratio of one (1) permit for every additional seven thousand five hundred (7,500) population within the county or political subdivision of the county; and (B) (i) A qualified applicant may apply for a permit. (ii) Qualifications are to be set by the board and the board's determination of the public convenience and advantage; (4) (A) If it is determined that a county or political subdivision of the county is entitled to additional permits when warranted by the most recent federal decennial census, the board shall announce before the last date for applications the number of new permits, if any, that may be issued in the county or political subdivision of the county. (B) In the event that the most recent federal decennial census population figures decline in a county or political subdivision of the county: (i) Existing permits shall not be cancelled or revoked for the decline in population; (ii) The quota ratio shall not be applied to the county or political subdivision of the county until the population in the county or political subdivision of the county reaches a number equaling one (1) permit to every seven thousand five hundred (7,500) population; and (iii) A new permit shall not be issued in the county or political subdivision of the county until the population warrants. (C) A transfer of locations from one county to another county is not allowed. (D) If a holder of a permit for the sale of vinous (except small farm wines), spirituous, or malt liquor surrenders the permit in a county or political subdivision of the county where the ratio no longer meets the requirement of one (1) permit for every seven thousand five hundred (7,500) population, new applications shall not be accepted until that ratio is reestablished at a subsequent federal decennial census; (5) (A) (i) If a permit holder does not conduct business under a permit issued for a period of more than thirty (30) days, the permit shall be surrendered to the Director of the Alcoholic Beverage Control Division and shall be placed on inactive status. (ii) The permit may remain inactive for three (3) months. (B) To secure the return of the permit, the permit holder shall file with the director a written statement showing: (i) That all taxes and fees owing to the state have been paid; (ii) The reason for the suspension of business activities; and (iii) The date business activity will resume. (C) (i) The permit holder may petition the board for an extension of inactive status for an additional three-month period. (ii) The board may grant an initial extension upon a showing by the permit holder and a finding by the board that: (a) Business circumstances exist to justify an extension; (b) The delay to return to business was not due to mere deferral or inattention on the part of the permit holder; and (c) The inactive status should be extended. (iii) (a) The permit holder may appeal to the board for a second extension of inactive status for an additional six-month period, but only upon a showing by the permit holder and a finding by the board that emergency circumstances exist to justify a final extension. (b) "Emergency circumstances" means delays in return to business that are beyond the control, planning, or foresight of the permit holder, including without limitation: (1) A delay due to a natural or man-made disaster; (2) The pending adjudication of a lawsuit; (3) A building construction problem; and (4) A contested or delayed insurance claim or settlement. (D) A permit remaining on inactive status for a period of more than twelve (12) months or which has not been granted an extension under this subdivision (c)(5) shall expire; and (6) (A) This section and §§ 3-4-202 and 3-4-208 , except with regard to a permit on inactive status for more than twelve (12) months after the provisions of subdivision (c)(5) of this section have become effective or a permit that has expired in accordance with subdivision (c)(5) of this section, do not divest any permit holder holding the permit on September 1, 2019, regardless of the quota ratio, of his or her permit. (B) In a county or political subdivision of the county that has a ratio lower than the permit quota ratio of one (1) permit for every seven thousand five hundred (7,500) population, the permit holder shall be allowed to continue under subdivision (c)(4)(B) of this section. Amended by Act 2019, No. 571,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 1068,§ 1, eff. 8/16/2013. Acts 1935, No. 108, Art. 3, § 1; 1937, No. 80, § 1; Pope's Dig., § 14106; Acts 1955, No. 360, § 1; 1983, No. 812, § 1; A.S.A. 1947, § 48-301; Acts 1991, No. 714, § 1; 1991, No. 1179, § 1; 1993, No. 779, § 2.

(a) The public policy of the state is to restrict the number of permits in this state to dispense vinous (except small farm wines), spirituous, or malt liquor.

(b) (1) The Alcoholic Beverage Control Board shall determine whether public convenience and advantage will be promoted by issuing a permit and by increasing or decreasing the number of permits the board issues. (2) The number of permits issued by the board shall be restricted.

(1) The Alcoholic Beverage Control Board shall determine whether public convenience and advantage will be promoted by issuing a permit and by increasing or decreasing the number of permits the board issues.

(2) The number of permits issued by the board shall be restricted.

(c) The board has the discretion to determine the number of permits to be granted in each county of this state or within the corporate limits of any municipality of this state and to determine the location and the persons to whom the permits shall be issued, under the following conditions: (1) The number of permits allowing the off-premises sale of vinous (except small farm wines), spirituous, or malt liquor in the State of Arkansas shall not exceed a ratio of one (1) permit for every seven thousand five hundred (7,500) population residing in the county or political subdivision of the county; (2) (A) The number of permits allowing the off-premises sale of vinous (except small farm wines), spirituous, or malt liquor in a county or political subdivision of the county that permits the sale shall not exceed a ratio of one (1) permit for every seven thousand five hundred (7,500) population residing in that county or political subdivision of the county. (B) Population of the county or political subdivision of the county shall: (i) Be determined according to the most recent federal decennial census; and (ii) Count all residents of the county or political subdivision of the county, including without limitation the residents of a dry political subdivision of a county; (3) A new permit that is issued in a county or political subdivision of the county following the most recent federal decennial census shall be issued under the following restrictions: (A) Additional permits may be issued at a ratio of one (1) permit for every additional seven thousand five hundred (7,500) population within the county or political subdivision of the county; and (B) (i) A qualified applicant may apply for a permit. (ii) Qualifications are to be set by the board and the board's determination of the public convenience and advantage; (4) (A) If it is determined that a county or political subdivision of the county is entitled to additional permits when warranted by the most recent federal decennial census, the board shall announce before the last date for applications the number of new permits, if any, that may be issued in the county or political subdivision of the county. (B) In the event that the most recent federal decennial census population figures decline in a county or political subdivision of the county: (i) Existing permits shall not be cancelled or revoked for the decline in population; (ii) The quota ratio shall not be applied to the county or political subdivision of the county until the population in the county or political subdivision of the county reaches a number equaling one (1) permit to every seven thousand five hundred (7,500) population; and (iii) A new permit shall not be issued in the county or political subdivision of the county until the population warrants. (C) A transfer of locations from one county to another county is not allowed. (D) If a holder of a permit for the sale of vinous (except small farm wines), spirituous, or malt liquor surrenders the permit in a county or political subdivision of the county where the ratio no longer meets the requirement of one (1) permit for every seven thousand five hundred (7,500) population, new applications shall not be accepted until that ratio is reestablished at a subsequent federal decennial census; (5) (A) (i) If a permit holder does not conduct business under a permit issued for a period of more than thirty (30) days, the permit shall be surrendered to the Director of the Alcoholic Beverage Control Division and shall be placed on inactive status. (ii) The permit may remain inactive for three (3) months. (B) To secure the return of the permit, the permit holder shall file with the director a written statement showing: (i) That all taxes and fees owing to the state have been paid; (ii) The reason for the suspension of business activities; and (iii) The date business activity will resume. (C) (i) The permit holder may petition the board for an extension of inactive status for an additional three-month period. (ii) The board may grant an initial extension upon a showing by the permit holder and a finding by the board that: (a) Business circumstances exist to justify an extension; (b) The delay to return to business was not due to mere deferral or inattention on the part of the permit holder; and (c) The inactive status should be extended. (iii) (a) The permit holder may appeal to the board for a second extension of inactive status for an additional six-month period, but only upon a showing by the permit holder and a finding by the board that emergency circumstances exist to justify a final extension. (b) "Emergency circumstances" means delays in return to business that are beyond the control, planning, or foresight of the permit holder, including without limitation: (1) A delay due to a natural or man-made disaster; (2) The pending adjudication of a lawsuit; (3) A building construction problem; and (4) A contested or delayed insurance claim or settlement. (D) A permit remaining on inactive status for a period of more than twelve (12) months or which has not been granted an extension under this subdivision (c)(5) shall expire; and (6) (A) This section and §§ 3-4-202 and 3-4-208 , except with regard to a permit on inactive status for more than twelve (12) months after the provisions of subdivision (c)(5) of this section have become effective or a permit that has expired in accordance with subdivision (c)(5) of this section, do not divest any permit holder holding the permit on September 1, 2019, regardless of the quota ratio, of his or her permit. (B) In a county or political subdivision of the county that has a ratio lower than the permit quota ratio of one (1) permit for every seven thousand five hundred (7,500) population, the permit holder shall be allowed to continue under subdivision (c)(4)(B) of this section.

(1) The number of permits allowing the off-premises sale of vinous (except small farm wines), spirituous, or malt liquor in the State of Arkansas shall not exceed a ratio of one (1) permit for every seven thousand five hundred (7,500) population residing in the county or political subdivision of the county;

(2) (A) The number of permits allowing the off-premises sale of vinous (except small farm wines), spirituous, or malt liquor in a county or political subdivision of the county that permits the sale shall not exceed a ratio of one (1) permit for every seven thousand five hundred (7,500) population residing in that county or political subdivision of the county. (B) Population of the county or political subdivision of the county shall: (i) Be determined according to the most recent federal decennial census; and (ii) Count all residents of the county or political subdivision of the county, including without limitation the residents of a dry political subdivision of a county;

(A) The number of permits allowing the off-premises sale of vinous (except small farm wines), spirituous, or malt liquor in a county or political subdivision of the county that permits the sale shall not exceed a ratio of one (1) permit for every seven thousand five hundred (7,500) population residing in that county or political subdivision of the county.

(B) Population of the county or political subdivision of the county shall: (i) Be determined according to the most recent federal decennial census; and (ii) Count all residents of the county or political subdivision of the county, including without limitation the residents of a dry political subdivision of a county;

(i) Be determined according to the most recent federal decennial census; and

(ii) Count all residents of the county or political subdivision of the county, including without limitation the residents of a dry political subdivision of a county;

(3) A new permit that is issued in a county or political subdivision of the county following the most recent federal decennial census shall be issued under the following restrictions: (A) Additional permits may be issued at a ratio of one (1) permit for every additional seven thousand five hundred (7,500) population within the county or political subdivision of the county; and (B) (i) A qualified applicant may apply for a permit. (ii) Qualifications are to be set by the board and the board's determination of the public convenience and advantage;

(A) Additional permits may be issued at a ratio of one (1) permit for every additional seven thousand five hundred (7,500) population within the county or political subdivision of the county; and

(B) (i) A qualified applicant may apply for a permit. (ii) Qualifications are to be set by the board and the board's determination of the public convenience and advantage;

(i) A qualified applicant may apply for a permit.

(ii) Qualifications are to be set by the board and the board's determination of the public convenience and advantage;

(4) (A) If it is determined that a county or political subdivision of the county is entitled to additional permits when warranted by the most recent federal decennial census, the board shall announce before the last date for applications the number of new permits, if any, that may be issued in the county or political subdivision of the county. (B) In the event that the most recent federal decennial census population figures decline in a county or political subdivision of the county: (i) Existing permits shall not be cancelled or revoked for the decline in population; (ii) The quota ratio shall not be applied to the county or political subdivision of the county until the population in the county or political subdivision of the county reaches a number equaling one (1) permit to every seven thousand five hundred (7,500) population; and (iii) A new permit shall not be issued in the county or political subdivision of the county until the population warrants. (C) A transfer of locations from one county to another county is not allowed. (D) If a holder of a permit for the sale of vinous (except small farm wines), spirituous, or malt liquor surrenders the permit in a county or political subdivision of the county where the ratio no longer meets the requirement of one (1) permit for every seven thousand five hundred (7,500) population, new applications shall not be accepted until that ratio is reestablished at a subsequent federal decennial census;

(A) If it is determined that a county or political subdivision of the county is entitled to additional permits when warranted by the most recent federal decennial census, the board shall announce before the last date for applications the number of new permits, if any, that may be issued in the county or political subdivision of the county.

(B) In the event that the most recent federal decennial census population figures decline in a county or political subdivision of the county: (i) Existing permits shall not be cancelled or revoked for the decline in population; (ii) The quota ratio shall not be applied to the county or political subdivision of the county until the population in the county or political subdivision of the county reaches a number equaling one (1) permit to every seven thousand five hundred (7,500) population; and (iii) A new permit shall not be issued in the county or political subdivision of the county until the population warrants.

(i) Existing permits shall not be cancelled or revoked for the decline in population;

(ii) The quota ratio shall not be applied to the county or political subdivision of the county until the population in the county or political subdivision of the county reaches a number equaling one (1) permit to every seven thousand five hundred (7,500) population; and

(iii) A new permit shall not be issued in the county or political subdivision of the county until the population warrants.

(C) A transfer of locations from one county to another county is not allowed.

(D) If a holder of a permit for the sale of vinous (except small farm wines), spirituous, or malt liquor surrenders the permit in a county or political subdivision of the county where the ratio no longer meets the requirement of one (1) permit for every seven thousand five hundred (7,500) population, new applications shall not be accepted until that ratio is reestablished at a subsequent federal decennial census;

(5) (A) (i) If a permit holder does not conduct business under a permit issued for a period of more than thirty (30) days, the permit shall be surrendered to the Director of the Alcoholic Beverage Control Division and shall be placed on inactive status. (ii) The permit may remain inactive for three (3) months. (B) To secure the return of the permit, the permit holder shall file with the director a written statement showing: (i) That all taxes and fees owing to the state have been paid; (ii) The reason for the suspension of business activities; and (iii) The date business activity will resume. (C) (i) The permit holder may petition the board for an extension of inactive status for an additional three-month period. (ii) The board may grant an initial extension upon a showing by the permit holder and a finding by the board that: (a) Business circumstances exist to justify an extension; (b) The delay to return to business was not due to mere deferral or inattention on the part of the permit holder; and (c) The inactive status should be extended. (iii) (a) The permit holder may appeal to the board for a second extension of inactive status for an additional six-month period, but only upon a showing by the permit holder and a finding by the board that emergency circumstances exist to justify a final extension. (b) "Emergency circumstances" means delays in return to business that are beyond the control, planning, or foresight of the permit holder, including without limitation: (1) A delay due to a natural or man-made disaster; (2) The pending adjudication of a lawsuit; (3) A building construction problem; and (4) A contested or delayed insurance claim or settlement. (D) A permit remaining on inactive status for a period of more than twelve (12) months or which has not been granted an extension under this subdivision (c)(5) shall expire; and

(A) (i) If a permit holder does not conduct business under a permit issued for a period of more than thirty (30) days, the permit shall be surrendered to the Director of the Alcoholic Beverage Control Division and shall be placed on inactive status. (ii) The permit may remain inactive for three (3) months.

(i) If a permit holder does not conduct business under a permit issued for a period of more than thirty (30) days, the permit shall be surrendered to the Director of the Alcoholic Beverage Control Division and shall be placed on inactive status.

(ii) The permit may remain inactive for three (3) months.

(B) To secure the return of the permit, the permit holder shall file with the director a written statement showing: (i) That all taxes and fees owing to the state have been paid; (ii) The reason for the suspension of business activities; and (iii) The date business activity will resume.

(i) That all taxes and fees owing to the state have been paid;

(ii) The reason for the suspension of business activities; and

(iii) The date business activity will resume.

(C) (i) The permit holder may petition the board for an extension of inactive status for an additional three-month period. (ii) The board may grant an initial extension upon a showing by the permit holder and a finding by the board that: (a) Business circumstances exist to justify an extension; (b) The delay to return to business was not due to mere deferral or inattention on the part of the permit holder; and (c) The inactive status should be extended. (iii) (a) The permit holder may appeal to the board for a second extension of inactive status for an additional six-month period, but only upon a showing by the permit holder and a finding by the board that emergency circumstances exist to justify a final extension. (b) "Emergency circumstances" means delays in return to business that are beyond the control, planning, or foresight of the permit holder, including without limitation: (1) A delay due to a natural or man-made disaster; (2) The pending adjudication of a lawsuit; (3) A building construction problem; and (4) A contested or delayed insurance claim or settlement.

(i) The permit holder may petition the board for an extension of inactive status for an additional three-month period.

(ii) The board may grant an initial extension upon a showing by the permit holder and a finding by the board that: (a) Business circumstances exist to justify an extension; (b) The delay to return to business was not due to mere deferral or inattention on the part of the permit holder; and (c) The inactive status should be extended.

(a) Business circumstances exist to justify an extension;

(b) The delay to return to business was not due to mere deferral or inattention on the part of the permit holder; and

(c) The inactive status should be extended.

(iii) (a) The permit holder may appeal to the board for a second extension of inactive status for an additional six-month period, but only upon a showing by the permit holder and a finding by the board that emergency circumstances exist to justify a final extension. (b) "Emergency circumstances" means delays in return to business that are beyond the control, planning, or foresight of the permit holder, including without limitation: (1) A delay due to a natural or man-made disaster; (2) The pending adjudication of a lawsuit; (3) A building construction problem; and (4) A contested or delayed insurance claim or settlement.

(a) The permit holder may appeal to the board for a second extension of inactive status for an additional six-month period, but only upon a showing by the permit holder and a finding by the board that emergency circumstances exist to justify a final extension.

(b) "Emergency circumstances" means delays in return to business that are beyond the control, planning, or foresight of the permit holder, including without limitation: (1) A delay due to a natural or man-made disaster; (2) The pending adjudication of a lawsuit; (3) A building construction problem; and (4) A contested or delayed insurance claim or settlement.

(1) A delay due to a natural or man-made disaster;

(2) The pending adjudication of a lawsuit;

(3) A building construction problem; and

(4) A contested or delayed insurance claim or settlement.

(D) A permit remaining on inactive status for a period of more than twelve (12) months or which has not been granted an extension under this subdivision (c)(5) shall expire; and

(6) (A) This section and §§ 3-4-202 and 3-4-208 , except with regard to a permit on inactive status for more than twelve (12) months after the provisions of subdivision (c)(5) of this section have become effective or a permit that has expired in accordance with subdivision (c)(5) of this section, do not divest any permit holder holding the permit on September 1, 2019, regardless of the quota ratio, of his or her permit. (B) In a county or political subdivision of the county that has a ratio lower than the permit quota ratio of one (1) permit for every seven thousand five hundred (7,500) population, the permit holder shall be allowed to continue under subdivision (c)(4)(B) of this section.

(A) This section and §§ 3-4-202 and 3-4-208 , except with regard to a permit on inactive status for more than twelve (12) months after the provisions of subdivision (c)(5) of this section have become effective or a permit that has expired in accordance with subdivision (c)(5) of this section, do not divest any permit holder holding the permit on September 1, 2019, regardless of the quota ratio, of his or her permit.

(B) In a county or political subdivision of the county that has a ratio lower than the permit quota ratio of one (1) permit for every seven thousand five hundred (7,500) population, the permit holder shall be allowed to continue under subdivision (c)(4)(B) of this section.

Amended by Act 2019, No. 571,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 1068,§ 1, eff. 8/16/2013.

Acts 1935, No. 108, Art. 3, § 1; 1937, No. 80, § 1; Pope's Dig., § 14106; Acts 1955, No. 360, § 1; 1983, No. 812, § 1; A.S.A. 1947, § 48-301; Acts 1991, No. 714, § 1; 1991, No. 1179, § 1; 1993, No. 779, § 2.
Ark. Code Ann. § 3-4-610 — AR Code / Title 3 / Chapter 4 / Subchapter 6 / Section 3-4-610
Layout center permit
Status: in_force

(a) A corporation that is publicly traded on a nationally recognized stock exchange that has its principal place of business in Arkansas and is permitted to sell alcoholic beverages for on-premises or off-premises consumption in Arkansas and other states may apply for a layout center permit. (b) (1) The application shall be in writing and shall provide information concerning the applicant for the layout center permit and the premises to be used by the applicant as the Director of the Alcoholic Beverage Control Division requires. (2) The permitted premises shall: (A) Be closed to the general public; and (B) Not be used for retail sales of alcoholic beverages. (3) A manufacturer or wholesaler may provide alcoholic beverages of any type directly to a layout center permittee at the permitted premises. (4) A manufacturer or wholesaler that provides alcoholic beverages under this section need not: (A) Be authorized to do business in this state; or (B) Have any type of license or permit to operate in the state. (5) The layout center permittee may also temporarily transport an alcoholic beverage to the permitted premises from a permitted retail outlet operated by the layout center permittee or the affiliates of the layout center permittee within the state. (6) An alcoholic beverage provided under this section need not: (A) Be available for sale in Arkansas; or (B) Possess a brand label approved for sale in this state. (7) A layout center permittee may: (A) Pay a manufacturer or wholesaler for: (i) The value of an alcoholic beverage; and (ii) The cost of delivering the alcoholic beverage; or (B) Provide or deliver the alcoholic beverage to the layout center permittee without charge. (8) An alcoholic beverage provided under this section shall: (A) Be used solely for the purpose of merchandise planning within the permitted premises; and (B) Not be consumed or sold on the permitted premises. (9) When a layout center permittee is finished using the product for merchandise planning, the layout center permittee: (A) For an alcoholic beverage received from a manufacturer, shall: (i) Destroy the alcoholic beverage; (ii) Return the alcoholic beverage to the manufacturer; or (iii) Donate the alcoholic beverage to a charitable organization qualified under the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3) ; (B) For an alcoholic beverage received from a wholesaler, shall: (i) Destroy the alcoholic beverage; or (ii) Donate the alcoholic beverage to a charitable organization qualified under the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3) ; or (C) For an alcoholic beverage temporarily transported from a permitted retail outlet operated by the layout center permittee or an affiliate of the layout center permittee, may return the alcoholic beverage to the retail outlet. (10) The layout center permittee shall maintain documentation of the receipt and disposition of all alcoholic beverages within the permitted premises. (c) Provision of alcoholic beverages by a manufacturer or wholesaler under this section or otherwise assisting the layout center permittee with merchandise planning at the permitted premises is not a gift, gratuity, or inducement to the layout center permittee or an affiliate of the layout center permittee. (d) An alcoholic beverage provided by a manufacturer or wholesaler under this section is exempt from taxation. (e) The Alcoholic Beverage Control Division may conduct inspections of the premises permitted under this section. (f) The division shall assess an annual fee of one hundred dollars ($100) for a layout center permit. (g) Providing alcoholic beverages to a layout center permittee under this section is not a violation of any statute or regulation, including a regulation requiring a manufacturer or wholesaler to provide the same services to all retailers. (h) Owning, possessing, or transporting alcoholic beverages furnished or being furnished to a corporation under this section is not an offense under § 3-3-401 et seq. Added by Act 2017, No. 726,§ 2, eff. 8/1/2017.

(a) A corporation that is publicly traded on a nationally recognized stock exchange that has its principal place of business in Arkansas and is permitted to sell alcoholic beverages for on-premises or off-premises consumption in Arkansas and other states may apply for a layout center permit.

(b) (1) The application shall be in writing and shall provide information concerning the applicant for the layout center permit and the premises to be used by the applicant as the Director of the Alcoholic Beverage Control Division requires. (2) The permitted premises shall: (A) Be closed to the general public; and (B) Not be used for retail sales of alcoholic beverages. (3) A manufacturer or wholesaler may provide alcoholic beverages of any type directly to a layout center permittee at the permitted premises. (4) A manufacturer or wholesaler that provides alcoholic beverages under this section need not: (A) Be authorized to do business in this state; or (B) Have any type of license or permit to operate in the state. (5) The layout center permittee may also temporarily transport an alcoholic beverage to the permitted premises from a permitted retail outlet operated by the layout center permittee or the affiliates of the layout center permittee within the state. (6) An alcoholic beverage provided under this section need not: (A) Be available for sale in Arkansas; or (B) Possess a brand label approved for sale in this state. (7) A layout center permittee may: (A) Pay a manufacturer or wholesaler for: (i) The value of an alcoholic beverage; and (ii) The cost of delivering the alcoholic beverage; or (B) Provide or deliver the alcoholic beverage to the layout center permittee without charge. (8) An alcoholic beverage provided under this section shall: (A) Be used solely for the purpose of merchandise planning within the permitted premises; and (B) Not be consumed or sold on the permitted premises. (9) When a layout center permittee is finished using the product for merchandise planning, the layout center permittee: (A) For an alcoholic beverage received from a manufacturer, shall: (i) Destroy the alcoholic beverage; (ii) Return the alcoholic beverage to the manufacturer; or (iii) Donate the alcoholic beverage to a charitable organization qualified under the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3) ; (B) For an alcoholic beverage received from a wholesaler, shall: (i) Destroy the alcoholic beverage; or (ii) Donate the alcoholic beverage to a charitable organization qualified under the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3) ; or (C) For an alcoholic beverage temporarily transported from a permitted retail outlet operated by the layout center permittee or an affiliate of the layout center permittee, may return the alcoholic beverage to the retail outlet. (10) The layout center permittee shall maintain documentation of the receipt and disposition of all alcoholic beverages within the permitted premises.

(1) The application shall be in writing and shall provide information concerning the applicant for the layout center permit and the premises to be used by the applicant as the Director of the Alcoholic Beverage Control Division requires.

(2) The permitted premises shall: (A) Be closed to the general public; and (B) Not be used for retail sales of alcoholic beverages.

(A) Be closed to the general public; and

(B) Not be used for retail sales of alcoholic beverages.

(3) A manufacturer or wholesaler may provide alcoholic beverages of any type directly to a layout center permittee at the permitted premises.

(4) A manufacturer or wholesaler that provides alcoholic beverages under this section need not: (A) Be authorized to do business in this state; or (B) Have any type of license or permit to operate in the state.

(A) Be authorized to do business in this state; or

(B) Have any type of license or permit to operate in the state.

(5) The layout center permittee may also temporarily transport an alcoholic beverage to the permitted premises from a permitted retail outlet operated by the layout center permittee or the affiliates of the layout center permittee within the state.

(6) An alcoholic beverage provided under this section need not: (A) Be available for sale in Arkansas; or (B) Possess a brand label approved for sale in this state.

(A) Be available for sale in Arkansas; or

(B) Possess a brand label approved for sale in this state.

(7) A layout center permittee may: (A) Pay a manufacturer or wholesaler for: (i) The value of an alcoholic beverage; and (ii) The cost of delivering the alcoholic beverage; or (B) Provide or deliver the alcoholic beverage to the layout center permittee without charge.

(A) Pay a manufacturer or wholesaler for: (i) The value of an alcoholic beverage; and (ii) The cost of delivering the alcoholic beverage; or

(i) The value of an alcoholic beverage; and

(ii) The cost of delivering the alcoholic beverage; or

(B) Provide or deliver the alcoholic beverage to the layout center permittee without charge.

(8) An alcoholic beverage provided under this section shall: (A) Be used solely for the purpose of merchandise planning within the permitted premises; and (B) Not be consumed or sold on the permitted premises.

(A) Be used solely for the purpose of merchandise planning within the permitted premises; and

(B) Not be consumed or sold on the permitted premises.

(9) When a layout center permittee is finished using the product for merchandise planning, the layout center permittee: (A) For an alcoholic beverage received from a manufacturer, shall: (i) Destroy the alcoholic beverage; (ii) Return the alcoholic beverage to the manufacturer; or (iii) Donate the alcoholic beverage to a charitable organization qualified under the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3) ; (B) For an alcoholic beverage received from a wholesaler, shall: (i) Destroy the alcoholic beverage; or (ii) Donate the alcoholic beverage to a charitable organization qualified under the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3) ; or (C) For an alcoholic beverage temporarily transported from a permitted retail outlet operated by the layout center permittee or an affiliate of the layout center permittee, may return the alcoholic beverage to the retail outlet.

(A) For an alcoholic beverage received from a manufacturer, shall: (i) Destroy the alcoholic beverage; (ii) Return the alcoholic beverage to the manufacturer; or (iii) Donate the alcoholic beverage to a charitable organization qualified under the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3) ;

(i) Destroy the alcoholic beverage;

(ii) Return the alcoholic beverage to the manufacturer; or

(iii) Donate the alcoholic beverage to a charitable organization qualified under the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3) ;

(B) For an alcoholic beverage received from a wholesaler, shall: (i) Destroy the alcoholic beverage; or (ii) Donate the alcoholic beverage to a charitable organization qualified under the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3) ; or

(i) Destroy the alcoholic beverage; or

(ii) Donate the alcoholic beverage to a charitable organization qualified under the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3) ; or

(C) For an alcoholic beverage temporarily transported from a permitted retail outlet operated by the layout center permittee or an affiliate of the layout center permittee, may return the alcoholic beverage to the retail outlet.

(10) The layout center permittee shall maintain documentation of the receipt and disposition of all alcoholic beverages within the permitted premises.

(c) Provision of alcoholic beverages by a manufacturer or wholesaler under this section or otherwise assisting the layout center permittee with merchandise planning at the permitted premises is not a gift, gratuity, or inducement to the layout center permittee or an affiliate of the layout center permittee.

(d) An alcoholic beverage provided by a manufacturer or wholesaler under this section is exempt from taxation.

(e) The Alcoholic Beverage Control Division may conduct inspections of the premises permitted under this section.

(f) The division shall assess an annual fee of one hundred dollars ($100) for a layout center permit.

(g) Providing alcoholic beverages to a layout center permittee under this section is not a violation of any statute or regulation, including a regulation requiring a manufacturer or wholesaler to provide the same services to all retailers.

(h) Owning, possessing, or transporting alcoholic beverages furnished or being furnished to a corporation under this section is not an offense under § 3-3-401 et seq.

Added by Act 2017, No. 726,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 3-5-1001 — AR Code / Title 3 / Chapter 5 / Subchapter 10 / Section 3-5-1001
Legislative determinations and intent
Status: in_force

(a) The General Assembly finds and recognizes that the tax incentives of the Native Wine Law of this state have provided incentives to encourage the expansion of the grape wine and other fruit wine industry in Arkansas, have caused the increase in the planting of grapes, berries, and other fruits, and have stimulated the construction, expansion, and operation of native wineries, with resulting benefits of employment, not only in the grape and berry production industry and in the wineries, but also in related industries which furnish cartons, bottles, petroleum products, fertilizer products, farm machinery and equipment, barrels, and related supplies and materials necessary and incidental to the wine industry. (b) The stimulation of business activity in this state by the Native Wine Law, with resulting employment, is determined by the General Assembly to be essential to the economic welfare of this state. (c) The General Assembly further notes that a number of states have enacted legislation similar to the Native Wine Law or other means of promoting the growth of fruits and vegetables used in the wine industry and that these laws in other states, as in Arkansas, have been enacted under guarantees of the Twenty-First Amendment to the United States Constitution that granted to states complete control over alcoholic beverages within and shipped into, their boundaries. (d) (1) The General Assembly is further aware of proposed legislation presented in recent sessions of the United States Congress which, if passed, would not only destroy the tax incentive plans such as the Native Wine Law, but will also directly and proportionately destroy those growers of wine grapes, fruits, and berries, and wineries within such states who acted in reliance and good faith upon the benefits of the tax incentive plan to make the initial investments to enter into the wine production business. (2) The enactment of federal legislation prohibiting the continuation of tax incentive plans, such as the Native Wine Law, could not only be disastrous to the fruit and berry growers of this state and to the wineries which have invested funds in plants and equipment, but could also contribute to unemployment not only in these industries, but would substantially reduce the demands for goods and services which support the native fruit and berry production industry and the native winery industry, thereby creating a statewide economic decline. (e) The General Assembly therefore determines that the enactment of this subchapter is essential to establish a special fruit wine industry-subsidy plan, to be implemented in the event federal legislation is enacted obviating the Native Wine Law, thereby protecting fruit and berry growers from economic collapse and further promoting the high level of employment in this state. Acts 1975, No. 679, § 1; A.S.A. 1947, § 48-638n.

(a) The General Assembly finds and recognizes that the tax incentives of the Native Wine Law of this state have provided incentives to encourage the expansion of the grape wine and other fruit wine industry in Arkansas, have caused the increase in the planting of grapes, berries, and other fruits, and have stimulated the construction, expansion, and operation of native wineries, with resulting benefits of employment, not only in the grape and berry production industry and in the wineries, but also in related industries which furnish cartons, bottles, petroleum products, fertilizer products, farm machinery and equipment, barrels, and related supplies and materials necessary and incidental to the wine industry.

(b) The stimulation of business activity in this state by the Native Wine Law, with resulting employment, is determined by the General Assembly to be essential to the economic welfare of this state.

(c) The General Assembly further notes that a number of states have enacted legislation similar to the Native Wine Law or other means of promoting the growth of fruits and vegetables used in the wine industry and that these laws in other states, as in Arkansas, have been enacted under guarantees of the Twenty-First Amendment to the United States Constitution that granted to states complete control over alcoholic beverages within and shipped into, their boundaries.

(d) (1) The General Assembly is further aware of proposed legislation presented in recent sessions of the United States Congress which, if passed, would not only destroy the tax incentive plans such as the Native Wine Law, but will also directly and proportionately destroy those growers of wine grapes, fruits, and berries, and wineries within such states who acted in reliance and good faith upon the benefits of the tax incentive plan to make the initial investments to enter into the wine production business. (2) The enactment of federal legislation prohibiting the continuation of tax incentive plans, such as the Native Wine Law, could not only be disastrous to the fruit and berry growers of this state and to the wineries which have invested funds in plants and equipment, but could also contribute to unemployment not only in these industries, but would substantially reduce the demands for goods and services which support the native fruit and berry production industry and the native winery industry, thereby creating a statewide economic decline.

(1) The General Assembly is further aware of proposed legislation presented in recent sessions of the United States Congress which, if passed, would not only destroy the tax incentive plans such as the Native Wine Law, but will also directly and proportionately destroy those growers of wine grapes, fruits, and berries, and wineries within such states who acted in reliance and good faith upon the benefits of the tax incentive plan to make the initial investments to enter into the wine production business.

(2) The enactment of federal legislation prohibiting the continuation of tax incentive plans, such as the Native Wine Law, could not only be disastrous to the fruit and berry growers of this state and to the wineries which have invested funds in plants and equipment, but could also contribute to unemployment not only in these industries, but would substantially reduce the demands for goods and services which support the native fruit and berry production industry and the native winery industry, thereby creating a statewide economic decline.

(e) The General Assembly therefore determines that the enactment of this subchapter is essential to establish a special fruit wine industry-subsidy plan, to be implemented in the event federal legislation is enacted obviating the Native Wine Law, thereby protecting fruit and berry growers from economic collapse and further promoting the high level of employment in this state.

Acts 1975, No. 679, § 1; A.S.A. 1947, § 48-638n.
Ark. Code Ann. § 3-5-802 — AR Code / Title 3 / Chapter 5 / Subchapter 8 / Section 3-5-802
Legislative determinations and purpose
Status: in_force

(a) The General Assembly recognizes, by the passage of this subchapter and § 3-5-405 [repealed], the vital contribution of agriculture to the economy of this state and of the hundreds of acres of Arkansas farmlands and of the numerous Arkansas citizens devoted to, and employed in, the production of grapes, berries, fruits, and vegetables grown in this state which are purchased by Arkansas wineries for use in the production of native wine in Arkansas. (b) The General Assembly further determines that the purpose and intent of the Native Wine Law is to promote the increased marketing and exportation of Arkansas fruits and vegetables in the form of wine and that it was not the intent of the Native Wine Law to curtail the expansion of Arkansas wineries by restricting the supplies of raw materials used in the production of wine when the supply of any particular raw material within the State of Arkansas is insufficient to sustain a properly aged quality-controlled wine product line. (c) It is further recognized that periodically severe heat, drought, flood, plant disease, or other natural factors may cause significant loss in the production of grapes, berries, fruits, and vegetables grown in this state for sale to the native wineries. (d) The General Assembly further recognizes, by the passage of this subchapter and § 3-5-405 [repealed], the vital contribution of the native wine industry to the economy of this state because it provides new employment opportunities, additional income, support for existing industries, and an expanding tax base in this state. (e) Recognition is also given to statistical studies which indicate that investments in grape vineyards require commitments of resources for up to forty (40) years. (f) It is the purpose of this subchapter and § 3-5-405 [repealed] to establish procedures whereby a native wine industry disaster relief program may be established when conditions created by severe flood, heat, drought, plant disease, or other natural cause may materially affect the production of grapes, fruits, berries, and vegetables used in producing native wine in this state in the future. Acts 1981, No. 335, § 2; A.S.A. 1947, § 48-643.

(a) The General Assembly recognizes, by the passage of this subchapter and § 3-5-405 [repealed], the vital contribution of agriculture to the economy of this state and of the hundreds of acres of Arkansas farmlands and of the numerous Arkansas citizens devoted to, and employed in, the production of grapes, berries, fruits, and vegetables grown in this state which are purchased by Arkansas wineries for use in the production of native wine in Arkansas.

(b) The General Assembly further determines that the purpose and intent of the Native Wine Law is to promote the increased marketing and exportation of Arkansas fruits and vegetables in the form of wine and that it was not the intent of the Native Wine Law to curtail the expansion of Arkansas wineries by restricting the supplies of raw materials used in the production of wine when the supply of any particular raw material within the State of Arkansas is insufficient to sustain a properly aged quality-controlled wine product line.

(c) It is further recognized that periodically severe heat, drought, flood, plant disease, or other natural factors may cause significant loss in the production of grapes, berries, fruits, and vegetables grown in this state for sale to the native wineries.

(d) The General Assembly further recognizes, by the passage of this subchapter and § 3-5-405 [repealed], the vital contribution of the native wine industry to the economy of this state because it provides new employment opportunities, additional income, support for existing industries, and an expanding tax base in this state.

(e) Recognition is also given to statistical studies which indicate that investments in grape vineyards require commitments of resources for up to forty (40) years.

(f) It is the purpose of this subchapter and § 3-5-405 [repealed] to establish procedures whereby a native wine industry disaster relief program may be established when conditions created by severe flood, heat, drought, plant disease, or other natural cause may materially affect the production of grapes, fruits, berries, and vegetables used in producing native wine in this state in the future.

Acts 1981, No. 335, § 2; A.S.A. 1947, § 48-643.
Ark. Code Ann. § 3-5-1605 — AR Code / Title 3 / Chapter 5 / Subchapter 16 / Section 3-5-1605
License fees generally
Status: in_force

(a) For the privilege of doing business respectively, as indicated in this section, there shall be imposed, assessed, levied, and collected each fiscal year beginning July 1, the following license fees: (1) (A) For the privilege of manufacturing wine in quantities not to exceed five thousand gallons (5,000 gals.), a license fee of two hundred dollars ($200) shall be paid by the manufacturer. (B) However, a person in this state may manufacture wine from fruits or vegetables in quantities not to exceed two hundred gallons (200 gals.) for consumption in the person's home by the person and the person's guests but not for sale free from the license fee under subdivision (a)(1)(A) of this section; (2) For the privilege of manufacturing small farm wine in excess of five thousand gallons (5,000 gals.), a license fee of four hundred dollars ($400) shall be paid by the manufacturer; (3) (A) For the privilege of selling small farm winery wine except by a manufacturer for consumption at the manufacturer's winery, there shall be paid for each retail dealer's license a fee of one hundred dollars ($100). (B) (i) This subdivision (a)(3) applies to all retail licenses for grocery stores, convenience stores, liquor stores, and package stores that sell malt beverages and wine. (ii) A retail liquor store may sell small farm winery wine without the small farm winery wine retail permit; (4) (A) For the privilege of selling small farm wine except by a manufacturer at the manufacturer's winery, there shall be paid for each wholesale dealer's license a fee of one hundred dollars ($100). (B) This subdivision (a)(4) applies to all alcoholic beverage wholesale distributors; (5) For the privilege of selling small farm winery wine at the small farm winery or in this state, there is imposed, assessed, and levied a tax of seventy-five cents (75¢) per gallon upon all the small farm winery wine manufactured and sold in this state under this subchapter; and (6) For the privilege of selling small farm winery light wine at the small farm winery or in this state, there is imposed, assessed, and levied a tax of twenty-five cents (25¢) per gallon upon all small farm winery light wine manufactured and sold in this state under the provisions of this subchapter. (b) For existing licenses: (1) A person that holds a license for the sale of native wine issued under this chapter before March 29, 2007, may conduct business as a small farm winery wholesaler or retailer until the native wine license expires; and (2) Upon the expiration of a native wine license issued under this chapter on or before March 29, 2007, the Alcoholic Beverage Control Board may issue a new license as part of the renewal process if the wholesaler or retailer: (A) Meets the criteria under this section; and (B) Is in good standing. (c) Tax on wine shall be based on the amount sold. (d) Tax on mead, as defined in § 3-5-1702 , shall be imposed, assessed, and levied in the same manner as wine. Amended by Act 2021, No. 271,§ 1, eff. 7/28/2021. Acts 2007, No. 668, § 1; 2009, No. 294, § 18; 2009, No. 548, §§ 4-6; 2009, No. 763, § 4.

(a) For the privilege of doing business respectively, as indicated in this section, there shall be imposed, assessed, levied, and collected each fiscal year beginning July 1, the following license fees: (1) (A) For the privilege of manufacturing wine in quantities not to exceed five thousand gallons (5,000 gals.), a license fee of two hundred dollars ($200) shall be paid by the manufacturer. (B) However, a person in this state may manufacture wine from fruits or vegetables in quantities not to exceed two hundred gallons (200 gals.) for consumption in the person's home by the person and the person's guests but not for sale free from the license fee under subdivision (a)(1)(A) of this section; (2) For the privilege of manufacturing small farm wine in excess of five thousand gallons (5,000 gals.), a license fee of four hundred dollars ($400) shall be paid by the manufacturer; (3) (A) For the privilege of selling small farm winery wine except by a manufacturer for consumption at the manufacturer's winery, there shall be paid for each retail dealer's license a fee of one hundred dollars ($100). (B) (i) This subdivision (a)(3) applies to all retail licenses for grocery stores, convenience stores, liquor stores, and package stores that sell malt beverages and wine. (ii) A retail liquor store may sell small farm winery wine without the small farm winery wine retail permit; (4) (A) For the privilege of selling small farm wine except by a manufacturer at the manufacturer's winery, there shall be paid for each wholesale dealer's license a fee of one hundred dollars ($100). (B) This subdivision (a)(4) applies to all alcoholic beverage wholesale distributors; (5) For the privilege of selling small farm winery wine at the small farm winery or in this state, there is imposed, assessed, and levied a tax of seventy-five cents (75¢) per gallon upon all the small farm winery wine manufactured and sold in this state under this subchapter; and (6) For the privilege of selling small farm winery light wine at the small farm winery or in this state, there is imposed, assessed, and levied a tax of twenty-five cents (25¢) per gallon upon all small farm winery light wine manufactured and sold in this state under the provisions of this subchapter.

(1) (A) For the privilege of manufacturing wine in quantities not to exceed five thousand gallons (5,000 gals.), a license fee of two hundred dollars ($200) shall be paid by the manufacturer. (B) However, a person in this state may manufacture wine from fruits or vegetables in quantities not to exceed two hundred gallons (200 gals.) for consumption in the person's home by the person and the person's guests but not for sale free from the license fee under subdivision (a)(1)(A) of this section;

(A) For the privilege of manufacturing wine in quantities not to exceed five thousand gallons (5,000 gals.), a license fee of two hundred dollars ($200) shall be paid by the manufacturer.

(B) However, a person in this state may manufacture wine from fruits or vegetables in quantities not to exceed two hundred gallons (200 gals.) for consumption in the person's home by the person and the person's guests but not for sale free from the license fee under subdivision (a)(1)(A) of this section;

(2) For the privilege of manufacturing small farm wine in excess of five thousand gallons (5,000 gals.), a license fee of four hundred dollars ($400) shall be paid by the manufacturer;

(3) (A) For the privilege of selling small farm winery wine except by a manufacturer for consumption at the manufacturer's winery, there shall be paid for each retail dealer's license a fee of one hundred dollars ($100). (B) (i) This subdivision (a)(3) applies to all retail licenses for grocery stores, convenience stores, liquor stores, and package stores that sell malt beverages and wine. (ii) A retail liquor store may sell small farm winery wine without the small farm winery wine retail permit;

(A) For the privilege of selling small farm winery wine except by a manufacturer for consumption at the manufacturer's winery, there shall be paid for each retail dealer's license a fee of one hundred dollars ($100).

(B) (i) This subdivision (a)(3) applies to all retail licenses for grocery stores, convenience stores, liquor stores, and package stores that sell malt beverages and wine. (ii) A retail liquor store may sell small farm winery wine without the small farm winery wine retail permit;

(i) This subdivision (a)(3) applies to all retail licenses for grocery stores, convenience stores, liquor stores, and package stores that sell malt beverages and wine.

(ii) A retail liquor store may sell small farm winery wine without the small farm winery wine retail permit;

(4) (A) For the privilege of selling small farm wine except by a manufacturer at the manufacturer's winery, there shall be paid for each wholesale dealer's license a fee of one hundred dollars ($100). (B) This subdivision (a)(4) applies to all alcoholic beverage wholesale distributors;

(A) For the privilege of selling small farm wine except by a manufacturer at the manufacturer's winery, there shall be paid for each wholesale dealer's license a fee of one hundred dollars ($100).

(B) This subdivision (a)(4) applies to all alcoholic beverage wholesale distributors;

(5) For the privilege of selling small farm winery wine at the small farm winery or in this state, there is imposed, assessed, and levied a tax of seventy-five cents (75¢) per gallon upon all the small farm winery wine manufactured and sold in this state under this subchapter; and

(6) For the privilege of selling small farm winery light wine at the small farm winery or in this state, there is imposed, assessed, and levied a tax of twenty-five cents (25¢) per gallon upon all small farm winery light wine manufactured and sold in this state under the provisions of this subchapter.

(b) For existing licenses: (1) A person that holds a license for the sale of native wine issued under this chapter before March 29, 2007, may conduct business as a small farm winery wholesaler or retailer until the native wine license expires; and (2) Upon the expiration of a native wine license issued under this chapter on or before March 29, 2007, the Alcoholic Beverage Control Board may issue a new license as part of the renewal process if the wholesaler or retailer: (A) Meets the criteria under this section; and (B) Is in good standing.

(1) A person that holds a license for the sale of native wine issued under this chapter before March 29, 2007, may conduct business as a small farm winery wholesaler or retailer until the native wine license expires; and

(2) Upon the expiration of a native wine license issued under this chapter on or before March 29, 2007, the Alcoholic Beverage Control Board may issue a new license as part of the renewal process if the wholesaler or retailer: (A) Meets the criteria under this section; and (B) Is in good standing.

(A) Meets the criteria under this section; and

(B) Is in good standing.

(c) Tax on wine shall be based on the amount sold.

(d) Tax on mead, as defined in § 3-5-1702 , shall be imposed, assessed, and levied in the same manner as wine.

Amended by Act 2021, No. 271,§ 1, eff. 7/28/2021.

Acts 2007, No. 668, § 1; 2009, No. 294, § 18; 2009, No. 548, §§ 4-6; 2009, No. 763, § 4.
Ark. Code Ann. § 3-8-301 — AR Code / Title 3 / Chapter 8 / Subchapter 3 / Section 3-8-301
Exceptions from act
Status: in_force

The provisions of this act shall not apply to any manufacturer or wholesale dealer who, in good faith and in the usual course of trade, sells, by the wholesale, in quantities of not less than five gallons (5 gals.), delivered at one (1) time, not to be drunk on the premises. The provisions of this act shall not apply to dispensaries, hotels, restaurants, or clubs unless it is written in the petition, notice, and order for the election that provisions of this law and prohibition shall apply to dispensaries, hotels, restaurants, or clubs; if not so written, then licensed dispensaries, hotels, restaurants, or clubs may sell for medicinal purposes in the manner provided in this act. Acts 1935, No. 108, Art. 7, § 7; Pope's Dig., § 14153; A.S.A. 1947, § 48-813.

The provisions of this act shall not apply to any manufacturer or wholesale dealer who, in good faith and in the usual course of trade, sells, by the wholesale, in quantities of not less than five gallons (5 gals.), delivered at one (1) time, not to be drunk on the premises. The provisions of this act shall not apply to dispensaries, hotels, restaurants, or clubs unless it is written in the petition, notice, and order for the election that provisions of this law and prohibition shall apply to dispensaries, hotels, restaurants, or clubs; if not so written, then licensed dispensaries, hotels, restaurants, or clubs may sell for medicinal purposes in the manner provided in this act.

Acts 1935, No. 108, Art. 7, § 7; Pope's Dig., § 14153; A.S.A. 1947, § 48-813.
Ark. Code Ann. § 3-4-301 — AR Code / Title 3 / Chapter 4 / Subchapter 3 / Section 3-4-301
Grounds for revocation
Status: in_force

(a) Any permit issued pursuant to this act may be revoked for cause and must be revoked for the following causes: (1) Conviction of the permittee or his or her agent or employee for selling any illegal beverages on the premises permitted; (2) For making any false material statement in an application for a permit; (3) If, within a period of two (2) years, there shall have been two (2) convictions for any violation of this act by a permittee, or two (2) convictions of any of his or her clerks, agents, employees, or servants of any violation of this act on the premises permitted; (4) For transferring, assigning, or hypothecating a permit; (5) Violating the provisions of § 3-1-103(c) which shall cause a forfeiture of the permit of all parties to the violation; (6) For selling or agreeing to sell any spirituous, vinous, or malt liquors to a wholesaler, rectifier, or dispensary who is not permitted at the time of the agreement and sale to receive, store, transport, sell, and dispense same under the provisions of this act; (7) For failure or default of a permittee to pay any license or permit tax or any part thereof or penalties imposed by this act and for a violation of any rule of the Secretary of the Department of Finance and Administration or the Director of the Alcoholic Beverage Control Division in pursuance thereof; (8) If a retail liquor permitee directly or indirectly remunerates any person, firm, or corporation that has a direct or indirect pecuniary, proprietary, or financial interest in the creation, establishment, operation, or contractual branding of another permitted liquor establishment; (9) If a retail liquor permitee directly or indirectly receives remuneration from any other retail liquor permitee relating to the creation, establishment, operation, or contractual branding of another permitted liquor establishment; or (10) Except for a holder of a vested permit, if a retail liquor permitee brands the permitted location with the same name or logo as another retail liquor permitee. (b) (1) Whenever any person holding a retailer's permit to sell and dispense vinous or spirituous liquors for beverage purposes at retail shall fail to pay any Arkansas gross receipts tax, franchise tax, or the three percent (3%) special alcoholic beverage excise tax within sixty (60) days after the taxes become due, the secretary shall notify the Alcoholic Beverage Control Board of that fact and the board shall immediately revoke such permit. (2) It shall be unlawful for the board or any person to restore or issue a retailer's permit to any person whose permit has been revoked under the provisions of this subsection within two (2) years from the date of the revocation. Amended by Act 2019, No. 910,§ 3307, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3306, eff. 7/1/2019. Amended by Act 2015, No. 1142,§ 1A, eff. 7/22/2015. Acts 1935, No. 108, Art. 3, § 13; Pope's Dig., § 14117; Acts 1969, No. 221, § 1; A.S.A. 1947, §§ 48-316, 48-316.1; Acts 2011, No. 70, § 3.

(a) Any permit issued pursuant to this act may be revoked for cause and must be revoked for the following causes: (1) Conviction of the permittee or his or her agent or employee for selling any illegal beverages on the premises permitted; (2) For making any false material statement in an application for a permit; (3) If, within a period of two (2) years, there shall have been two (2) convictions for any violation of this act by a permittee, or two (2) convictions of any of his or her clerks, agents, employees, or servants of any violation of this act on the premises permitted; (4) For transferring, assigning, or hypothecating a permit; (5) Violating the provisions of § 3-1-103(c) which shall cause a forfeiture of the permit of all parties to the violation; (6) For selling or agreeing to sell any spirituous, vinous, or malt liquors to a wholesaler, rectifier, or dispensary who is not permitted at the time of the agreement and sale to receive, store, transport, sell, and dispense same under the provisions of this act; (7) For failure or default of a permittee to pay any license or permit tax or any part thereof or penalties imposed by this act and for a violation of any rule of the Secretary of the Department of Finance and Administration or the Director of the Alcoholic Beverage Control Division in pursuance thereof; (8) If a retail liquor permitee directly or indirectly remunerates any person, firm, or corporation that has a direct or indirect pecuniary, proprietary, or financial interest in the creation, establishment, operation, or contractual branding of another permitted liquor establishment; (9) If a retail liquor permitee directly or indirectly receives remuneration from any other retail liquor permitee relating to the creation, establishment, operation, or contractual branding of another permitted liquor establishment; or (10) Except for a holder of a vested permit, if a retail liquor permitee brands the permitted location with the same name or logo as another retail liquor permitee.

(1) Conviction of the permittee or his or her agent or employee for selling any illegal beverages on the premises permitted;

(2) For making any false material statement in an application for a permit;

(3) If, within a period of two (2) years, there shall have been two (2) convictions for any violation of this act by a permittee, or two (2) convictions of any of his or her clerks, agents, employees, or servants of any violation of this act on the premises permitted;

(4) For transferring, assigning, or hypothecating a permit;

(5) Violating the provisions of § 3-1-103(c) which shall cause a forfeiture of the permit of all parties to the violation;

(6) For selling or agreeing to sell any spirituous, vinous, or malt liquors to a wholesaler, rectifier, or dispensary who is not permitted at the time of the agreement and sale to receive, store, transport, sell, and dispense same under the provisions of this act;

(7) For failure or default of a permittee to pay any license or permit tax or any part thereof or penalties imposed by this act and for a violation of any rule of the Secretary of the Department of Finance and Administration or the Director of the Alcoholic Beverage Control Division in pursuance thereof;

(8) If a retail liquor permitee directly or indirectly remunerates any person, firm, or corporation that has a direct or indirect pecuniary, proprietary, or financial interest in the creation, establishment, operation, or contractual branding of another permitted liquor establishment;

(9) If a retail liquor permitee directly or indirectly receives remuneration from any other retail liquor permitee relating to the creation, establishment, operation, or contractual branding of another permitted liquor establishment; or

(10) Except for a holder of a vested permit, if a retail liquor permitee brands the permitted location with the same name or logo as another retail liquor permitee.

(b) (1) Whenever any person holding a retailer's permit to sell and dispense vinous or spirituous liquors for beverage purposes at retail shall fail to pay any Arkansas gross receipts tax, franchise tax, or the three percent (3%) special alcoholic beverage excise tax within sixty (60) days after the taxes become due, the secretary shall notify the Alcoholic Beverage Control Board of that fact and the board shall immediately revoke such permit. (2) It shall be unlawful for the board or any person to restore or issue a retailer's permit to any person whose permit has been revoked under the provisions of this subsection within two (2) years from the date of the revocation.

(1) Whenever any person holding a retailer's permit to sell and dispense vinous or spirituous liquors for beverage purposes at retail shall fail to pay any Arkansas gross receipts tax, franchise tax, or the three percent (3%) special alcoholic beverage excise tax within sixty (60) days after the taxes become due, the secretary shall notify the Alcoholic Beverage Control Board of that fact and the board shall immediately revoke such permit.

(2) It shall be unlawful for the board or any person to restore or issue a retailer's permit to any person whose permit has been revoked under the provisions of this subsection within two (2) years from the date of the revocation.

Amended by Act 2019, No. 910,§ 3307, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3306, eff. 7/1/2019.

Amended by Act 2015, No. 1142,§ 1A, eff. 7/22/2015.

Acts 1935, No. 108, Art. 3, § 13; Pope's Dig., § 14117; Acts 1969, No. 221, § 1; A.S.A. 1947, §§ 48-316, 48-316.1; Acts 2011, No. 70, § 3.
Ark. Code Ann. § 3-3-203 — AR Code / Title 3 / Chapter 3 / Subchapter 2 / Section 3-3-203
Purchase or possession by minor
Status: in_force

(a) (1) It is unlawful for any person under twenty-one (21) years of age to purchase or have in his or her possession any intoxicating liquor, wine, or beer. (2) For the purposes of this section, intoxicating liquor, wine, or beer in the body of a person under twenty-one (21) years of age is deemed to be in his or her possession. (b) It is unlawful for an adult to purchase on behalf of a person under twenty-one (21) years of age any intoxicating liquor, wine, beer, or a confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) alcohol by volume. (c) A person eighteen (18) years of age or older violating this section is guilty of a violation and upon conviction shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). (d) In addition to the penalties provided in this section, the trial judge or magistrate may impose the following penalty or penalties or any combination thereof: (1) Require a person eighteen (18) years of age or older but under twenty-one (21) years of age to write themes or essays on intoxicating liquors, wine, or beer; and (2) Place a person eighteen (18) years of age or older but under twenty-one (21) years of age under probationary conditions as determined by the court in its reasonable discretion designed as a reasonable and suitable preventive and educational safeguard to prevent future violations of this section by the person. (e) (1) In addition to the fine authorized by subsection (c) of this section, at the time of arrest of a person eighteen (18) years of age or older for violation of the provisions of subsection (a) of this section, the arrested person shall immediately surrender his or her license, permit, or other evidence of driving privilege to the arresting law enforcement officer as provided in § 5-65-402 . (2) (A) The Office of Driver Services or its designated official shall suspend or revoke the driving privilege of the arrested person or shall suspend any nonresident driving privilege of the arrested person, as provided in § 5-65-402 . (B) The period of suspension or revocation shall be based on the offense that caused the surrender of the arrested person's license, permit, or other evidence of driving privilege as described in subdivision (e)(1) of this section and the number of any previous offenses as follows: (i) Suspension for sixty (60) days for a first offense under subsection (a) of this section; (ii) Suspension for one hundred twenty (120) days for a second offense under subsection (a) of this section; and (iii) Suspension for one (1) year for a third or subsequent offense under subsection (a) of this section. (3) In order to determine the number of previous offenses to consider when suspending or revoking the arrested person's driving privileges, the office shall consider as a previous offense any conviction under subsection (a) of this section which occurred either prior to or after August 12, 2005. (f) A person under eighteen (18) years of age who violates this section is subject to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq. (g) (1) A person under twenty-one (21) years of age is immune from criminal prosecution under subsection (a) of this section if: (A) The person: (i) Requested emergency medical assistance in response to a medical emergency of another person; (ii) Remained on the scene until the emergency medical assistance arrived; and (iii) Cooperated with emergency medical assistance providers and law enforcement personnel during the medical emergency; (B) The person is the recipient of emergency medical assistance requested under subdivision (g)(1)(A) of this section; or (C) The person acted in concert with the person initiating contact for emergency medical assistance and met the requirements of subdivisions (g)(1)(A)(ii) and (iii) of this section. (2) This subsection does not apply if the request for emergency medical assistance does not occur until after law enforcement personnel have arrived at the scene of the medical emergency. (3) The immunity from criminal prosecution provided under this section shall not in any way affect a law enforcement officer's or court's probable cause determination in regard to another criminal offense. (h) It is not an offense under this section if the minor was acting at the direction of an authorized agent of the Alcoholic Beverage Control Enforcement Division to enforce or ensure compliance with laws relating to the prohibition of the possession of an alcoholic beverage by a minor or the sale of an alcoholic beverage to a minor. Amended by Act 2017, No. 1035,§ 5, eff. 8/1/2017. Amended by Act 2017, No. 925,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 381,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1123,§ 1, eff. 8/16/2013. Acts 1967, No. 44, § 1; 1979, No. 61, § 1; A.S.A. 1947, § 48-903.1; Acts 1997, No. 1210, § 1; 2005, No. 1535, § 1; 2005, No. 1994, § 28; 2009, No. 956, § 1; 2011, No. 1152, § 1.

(a) (1) It is unlawful for any person under twenty-one (21) years of age to purchase or have in his or her possession any intoxicating liquor, wine, or beer. (2) For the purposes of this section, intoxicating liquor, wine, or beer in the body of a person under twenty-one (21) years of age is deemed to be in his or her possession.

(1) It is unlawful for any person under twenty-one (21) years of age to purchase or have in his or her possession any intoxicating liquor, wine, or beer.

(2) For the purposes of this section, intoxicating liquor, wine, or beer in the body of a person under twenty-one (21) years of age is deemed to be in his or her possession.

(b) It is unlawful for an adult to purchase on behalf of a person under twenty-one (21) years of age any intoxicating liquor, wine, beer, or a confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) alcohol by volume.

(c) A person eighteen (18) years of age or older violating this section is guilty of a violation and upon conviction shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

(d) In addition to the penalties provided in this section, the trial judge or magistrate may impose the following penalty or penalties or any combination thereof: (1) Require a person eighteen (18) years of age or older but under twenty-one (21) years of age to write themes or essays on intoxicating liquors, wine, or beer; and (2) Place a person eighteen (18) years of age or older but under twenty-one (21) years of age under probationary conditions as determined by the court in its reasonable discretion designed as a reasonable and suitable preventive and educational safeguard to prevent future violations of this section by the person.

(1) Require a person eighteen (18) years of age or older but under twenty-one (21) years of age to write themes or essays on intoxicating liquors, wine, or beer; and

(2) Place a person eighteen (18) years of age or older but under twenty-one (21) years of age under probationary conditions as determined by the court in its reasonable discretion designed as a reasonable and suitable preventive and educational safeguard to prevent future violations of this section by the person.

(e) (1) In addition to the fine authorized by subsection (c) of this section, at the time of arrest of a person eighteen (18) years of age or older for violation of the provisions of subsection (a) of this section, the arrested person shall immediately surrender his or her license, permit, or other evidence of driving privilege to the arresting law enforcement officer as provided in § 5-65-402 . (2) (A) The Office of Driver Services or its designated official shall suspend or revoke the driving privilege of the arrested person or shall suspend any nonresident driving privilege of the arrested person, as provided in § 5-65-402 . (B) The period of suspension or revocation shall be based on the offense that caused the surrender of the arrested person's license, permit, or other evidence of driving privilege as described in subdivision (e)(1) of this section and the number of any previous offenses as follows: (i) Suspension for sixty (60) days for a first offense under subsection (a) of this section; (ii) Suspension for one hundred twenty (120) days for a second offense under subsection (a) of this section; and (iii) Suspension for one (1) year for a third or subsequent offense under subsection (a) of this section. (3) In order to determine the number of previous offenses to consider when suspending or revoking the arrested person's driving privileges, the office shall consider as a previous offense any conviction under subsection (a) of this section which occurred either prior to or after August 12, 2005.

(1) In addition to the fine authorized by subsection (c) of this section, at the time of arrest of a person eighteen (18) years of age or older for violation of the provisions of subsection (a) of this section, the arrested person shall immediately surrender his or her license, permit, or other evidence of driving privilege to the arresting law enforcement officer as provided in § 5-65-402 .

(2) (A) The Office of Driver Services or its designated official shall suspend or revoke the driving privilege of the arrested person or shall suspend any nonresident driving privilege of the arrested person, as provided in § 5-65-402 . (B) The period of suspension or revocation shall be based on the offense that caused the surrender of the arrested person's license, permit, or other evidence of driving privilege as described in subdivision (e)(1) of this section and the number of any previous offenses as follows: (i) Suspension for sixty (60) days for a first offense under subsection (a) of this section; (ii) Suspension for one hundred twenty (120) days for a second offense under subsection (a) of this section; and (iii) Suspension for one (1) year for a third or subsequent offense under subsection (a) of this section.

(A) The Office of Driver Services or its designated official shall suspend or revoke the driving privilege of the arrested person or shall suspend any nonresident driving privilege of the arrested person, as provided in § 5-65-402 .

(B) The period of suspension or revocation shall be based on the offense that caused the surrender of the arrested person's license, permit, or other evidence of driving privilege as described in subdivision (e)(1) of this section and the number of any previous offenses as follows: (i) Suspension for sixty (60) days for a first offense under subsection (a) of this section; (ii) Suspension for one hundred twenty (120) days for a second offense under subsection (a) of this section; and (iii) Suspension for one (1) year for a third or subsequent offense under subsection (a) of this section.

(i) Suspension for sixty (60) days for a first offense under subsection (a) of this section;

(ii) Suspension for one hundred twenty (120) days for a second offense under subsection (a) of this section; and

(iii) Suspension for one (1) year for a third or subsequent offense under subsection (a) of this section.

(3) In order to determine the number of previous offenses to consider when suspending or revoking the arrested person's driving privileges, the office shall consider as a previous offense any conviction under subsection (a) of this section which occurred either prior to or after August 12, 2005.

(f) A person under eighteen (18) years of age who violates this section is subject to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

(g) (1) A person under twenty-one (21) years of age is immune from criminal prosecution under subsection (a) of this section if: (A) The person: (i) Requested emergency medical assistance in response to a medical emergency of another person; (ii) Remained on the scene until the emergency medical assistance arrived; and (iii) Cooperated with emergency medical assistance providers and law enforcement personnel during the medical emergency; (B) The person is the recipient of emergency medical assistance requested under subdivision (g)(1)(A) of this section; or (C) The person acted in concert with the person initiating contact for emergency medical assistance and met the requirements of subdivisions (g)(1)(A)(ii) and (iii) of this section. (2) This subsection does not apply if the request for emergency medical assistance does not occur until after law enforcement personnel have arrived at the scene of the medical emergency. (3) The immunity from criminal prosecution provided under this section shall not in any way affect a law enforcement officer's or court's probable cause determination in regard to another criminal offense.

(1) A person under twenty-one (21) years of age is immune from criminal prosecution under subsection (a) of this section if: (A) The person: (i) Requested emergency medical assistance in response to a medical emergency of another person; (ii) Remained on the scene until the emergency medical assistance arrived; and (iii) Cooperated with emergency medical assistance providers and law enforcement personnel during the medical emergency; (B) The person is the recipient of emergency medical assistance requested under subdivision (g)(1)(A) of this section; or (C) The person acted in concert with the person initiating contact for emergency medical assistance and met the requirements of subdivisions (g)(1)(A)(ii) and (iii) of this section.

(A) The person: (i) Requested emergency medical assistance in response to a medical emergency of another person; (ii) Remained on the scene until the emergency medical assistance arrived; and (iii) Cooperated with emergency medical assistance providers and law enforcement personnel during the medical emergency;

(i) Requested emergency medical assistance in response to a medical emergency of another person;

(ii) Remained on the scene until the emergency medical assistance arrived; and

(iii) Cooperated with emergency medical assistance providers and law enforcement personnel during the medical emergency;

(B) The person is the recipient of emergency medical assistance requested under subdivision (g)(1)(A) of this section; or

(C) The person acted in concert with the person initiating contact for emergency medical assistance and met the requirements of subdivisions (g)(1)(A)(ii) and (iii) of this section.

(2) This subsection does not apply if the request for emergency medical assistance does not occur until after law enforcement personnel have arrived at the scene of the medical emergency.

(3) The immunity from criminal prosecution provided under this section shall not in any way affect a law enforcement officer's or court's probable cause determination in regard to another criminal offense.

(h) It is not an offense under this section if the minor was acting at the direction of an authorized agent of the Alcoholic Beverage Control Enforcement Division to enforce or ensure compliance with laws relating to the prohibition of the possession of an alcoholic beverage by a minor or the sale of an alcoholic beverage to a minor.

Amended by Act 2017, No. 1035,§ 5, eff. 8/1/2017.

Amended by Act 2017, No. 925,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 381,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1123,§ 1, eff. 8/16/2013.

Acts 1967, No. 44, § 1; 1979, No. 61, § 1; A.S.A. 1947, § 48-903.1; Acts 1997, No. 1210, § 1; 2005, No. 1535, § 1; 2005, No. 1994, § 28; 2009, No. 956, § 1; 2011, No. 1152, § 1.
Ark. Code Ann. § 3-5-1709 — AR Code / Title 3 / Chapter 5 / Subchapter 17 / Section 3-5-1709
Small farm winery shipment
Status: in_force

(a) (1) A small farm winery licensee with a wine wholesale permit under § 3-5-1602(c)(1)(E) may ship small farm winery wine or mead under this subchapter to a private resident without the private resident having been physically present or having made an in-person purchase at the small farm winery if the shipment includes only small farm winery wine or mead. (2) Additional shipping registration of a small farm winery is not required for a shipment under subdivision (a)(1) of this section. (b) A private resident shall provide identification to the small farm winery proving that he or she is twenty-one (21) years of age or older. (c) A small farm winery may ship only one (1) case of small farm winery wine and one (1) case of mead per private resident in any month. (d) A small farm winery shipping under this subchapter shall ensure that all containers of small farm winery wine or mead delivered within this state are conspicuously labeled as follows: "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY". (e) (1) A small farm winery shall collect all sales taxes and excise taxes due on a sale to an individual of this state as if the sale took place on the premises of the small farm winery, including without limitation taxes under §§ 3-5-1605 , 3-7-104 , 3-7-111 , and 3-7-201 . (2) Taxes collected by the small farm winery shall be submitted to the Department of Finance and Administration as directed without limitation under §§ 3-5-1605 , 3-7-104 , 3-7-111 , and 3-7-201 . (3) A small farm winery shall source the collection of sales and use taxes to the purchaser's delivery address in accordance with § 26-52-521(b)(2) . (4) A small farm winery shipping mead under this section shall collect all taxes due on the mead in the same manner as required for wine. (f) A small farm winery that makes a direct shipment of small farm winery wine or mead under this section shall maintain records regarding each shipment of small farm winery wine or mead that include the: (1) Name and address of the person to whom the small farm winery wine or mead is: (A) Sold; and (B) Billed; and (2) Date of shipment. Amended by Act 2021, No. 271,§ 8, eff. 7/28/2021. Amended by Act 2021, No. 271,§ 7, eff. 7/28/2021. Amended by Act 2021, No. 271,§ 6, eff. 7/28/2021. Amended by Act 2021, No. 271,§ 5, eff. 7/28/2021. Amended by Act 2021, No. 271,§ 4, eff. 7/28/2021. Amended by Act 2017, No. 848,§ 1, eff. 4/3/2017. Added by Act 2017, No. 313,§ 3, eff. 3/1/2017.

(a) (1) A small farm winery licensee with a wine wholesale permit under § 3-5-1602(c)(1)(E) may ship small farm winery wine or mead under this subchapter to a private resident without the private resident having been physically present or having made an in-person purchase at the small farm winery if the shipment includes only small farm winery wine or mead. (2) Additional shipping registration of a small farm winery is not required for a shipment under subdivision (a)(1) of this section.

(1) A small farm winery licensee with a wine wholesale permit under § 3-5-1602(c)(1)(E) may ship small farm winery wine or mead under this subchapter to a private resident without the private resident having been physically present or having made an in-person purchase at the small farm winery if the shipment includes only small farm winery wine or mead.

(2) Additional shipping registration of a small farm winery is not required for a shipment under subdivision (a)(1) of this section.

(b) A private resident shall provide identification to the small farm winery proving that he or she is twenty-one (21) years of age or older.

(c) A small farm winery may ship only one (1) case of small farm winery wine and one (1) case of mead per private resident in any month.

(d) A small farm winery shipping under this subchapter shall ensure that all containers of small farm winery wine or mead delivered within this state are conspicuously labeled as follows: "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY".

"CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY".

(e) (1) A small farm winery shall collect all sales taxes and excise taxes due on a sale to an individual of this state as if the sale took place on the premises of the small farm winery, including without limitation taxes under §§ 3-5-1605 , 3-7-104 , 3-7-111 , and 3-7-201 . (2) Taxes collected by the small farm winery shall be submitted to the Department of Finance and Administration as directed without limitation under §§ 3-5-1605 , 3-7-104 , 3-7-111 , and 3-7-201 . (3) A small farm winery shall source the collection of sales and use taxes to the purchaser's delivery address in accordance with § 26-52-521(b)(2) . (4) A small farm winery shipping mead under this section shall collect all taxes due on the mead in the same manner as required for wine.

(1) A small farm winery shall collect all sales taxes and excise taxes due on a sale to an individual of this state as if the sale took place on the premises of the small farm winery, including without limitation taxes under §§ 3-5-1605 , 3-7-104 , 3-7-111 , and 3-7-201 .

(2) Taxes collected by the small farm winery shall be submitted to the Department of Finance and Administration as directed without limitation under §§ 3-5-1605 , 3-7-104 , 3-7-111 , and 3-7-201 .

(3) A small farm winery shall source the collection of sales and use taxes to the purchaser's delivery address in accordance with § 26-52-521(b)(2) .

(4) A small farm winery shipping mead under this section shall collect all taxes due on the mead in the same manner as required for wine.

(f) A small farm winery that makes a direct shipment of small farm winery wine or mead under this section shall maintain records regarding each shipment of small farm winery wine or mead that include the: (1) Name and address of the person to whom the small farm winery wine or mead is: (A) Sold; and (B) Billed; and (2) Date of shipment.

(1) Name and address of the person to whom the small farm winery wine or mead is: (A) Sold; and (B) Billed; and

(A) Sold; and

(B) Billed; and

(2) Date of shipment.

Amended by Act 2021, No. 271,§ 8, eff. 7/28/2021.

Amended by Act 2021, No. 271,§ 7, eff. 7/28/2021.

Amended by Act 2021, No. 271,§ 6, eff. 7/28/2021.

Amended by Act 2021, No. 271,§ 5, eff. 7/28/2021.

Amended by Act 2021, No. 271,§ 4, eff. 7/28/2021.

Amended by Act 2017, No. 848,§ 1, eff. 4/3/2017.

Added by Act 2017, No. 313,§ 3, eff. 3/1/2017.
Ark. Code Ann. § 3-9-229 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-229
Collection of taxes
Status: in_force

The Secretary of the Department of Finance and Administration may assess and collect delinquent state and local taxes from the owner or owners of the hotel or restaurant, file claims for unpaid taxes against bonds or other security required to be posted by the permittee, and enforce liens against assets held by the owner or owners. The Alcoholic Beverage Control Division may suspend or refuse to renew a permit held by a nonpartner if the hotel or restaurant owner fails to remit state taxes. Amended by Act 2019, No. 910,§ 3352, eff. 7/1/2019. Acts 1997, No. 222, § 2.

The Secretary of the Department of Finance and Administration may assess and collect delinquent state and local taxes from the owner or owners of the hotel or restaurant, file claims for unpaid taxes against bonds or other security required to be posted by the permittee, and enforce liens against assets held by the owner or owners. The Alcoholic Beverage Control Division may suspend or refuse to renew a permit held by a nonpartner if the hotel or restaurant owner fails to remit state taxes.

Amended by Act 2019, No. 910,§ 3352, eff. 7/1/2019.

Acts 1997, No. 222, § 2.
Ark. Code Ann. § 3-5-1110 — AR Code / Title 3 / Chapter 5 / Subchapter 11 / Section 3-5-1110
Transfer of wholesaler's business - Interference prohibited
Status: in_force

(a) (1) (A) Upon written notice of intent to transfer the wholesaler's business, any individual owning or deceased individual who owned an interest in a wholesaler may transfer the wholesaler's business to a designated member or to any other person who meets the nondiscriminatory, material, and reasonable qualifications and standards required by the supplier for similarly situated wholesalers. (B) The consent or approval of the supplier shall not be required of any transfer of the wholesaler's business, including the assignment of the wholesaler's rights under the agreement, to a designated member shall not be withheld or unreasonably delayed to a proposed transferee who meets such nondiscriminatory, material, and reasonable qualifications and standards. (2) Provided, such designated member or transferee shall in no event be qualified as a transferee without the written approval or consent of the supplier where such proposed transferee shall have been involved in any of the following: (A) Insolvency, filing of any voluntary or involuntary petition under any bankruptcy or receivership law, or execution of an assignment for the benefit of creditors; (B) Revocation or suspension of an alcoholic beverage license by the regulatory agency of the United States Government or any state, whereby service was interrupted for more than thirty-one (31) days; (C) Conviction of the proposed transferee or any owner thereof of a felony under the United States Code or the laws of any state which reasonably may adversely affect the good will or interest of the wholesaler or supplier; or (D) Had an agreement involuntarily terminated, cancelled, not renewed, or discontinued by a supplier for good cause. (b) The supplier shall not interfere with, prevent, or unreasonably delay the transfer of the wholesaler's business, including an assignment of wholesaler's rights under the agreement, if the proposed transferee is a designated member or if the transferee other than a designated member meets such nondiscriminatory, material and reasonable qualifications and standards required by the supplier for similarly situated wholesalers. Where the transferee is other than a designated member, the supplier may in good faith and for good cause related to the reasonable qualifications refuse to accept the transfer of the wholesaler's business or the assignment of the wholesaler's rights under the agreement. Acts 1991, No. 8, § 6; 1991, No. 866, § 6.

(a) (1) (A) Upon written notice of intent to transfer the wholesaler's business, any individual owning or deceased individual who owned an interest in a wholesaler may transfer the wholesaler's business to a designated member or to any other person who meets the nondiscriminatory, material, and reasonable qualifications and standards required by the supplier for similarly situated wholesalers. (B) The consent or approval of the supplier shall not be required of any transfer of the wholesaler's business, including the assignment of the wholesaler's rights under the agreement, to a designated member shall not be withheld or unreasonably delayed to a proposed transferee who meets such nondiscriminatory, material, and reasonable qualifications and standards. (2) Provided, such designated member or transferee shall in no event be qualified as a transferee without the written approval or consent of the supplier where such proposed transferee shall have been involved in any of the following: (A) Insolvency, filing of any voluntary or involuntary petition under any bankruptcy or receivership law, or execution of an assignment for the benefit of creditors; (B) Revocation or suspension of an alcoholic beverage license by the regulatory agency of the United States Government or any state, whereby service was interrupted for more than thirty-one (31) days; (C) Conviction of the proposed transferee or any owner thereof of a felony under the United States Code or the laws of any state which reasonably may adversely affect the good will or interest of the wholesaler or supplier; or (D) Had an agreement involuntarily terminated, cancelled, not renewed, or discontinued by a supplier for good cause.

(1) (A) Upon written notice of intent to transfer the wholesaler's business, any individual owning or deceased individual who owned an interest in a wholesaler may transfer the wholesaler's business to a designated member or to any other person who meets the nondiscriminatory, material, and reasonable qualifications and standards required by the supplier for similarly situated wholesalers. (B) The consent or approval of the supplier shall not be required of any transfer of the wholesaler's business, including the assignment of the wholesaler's rights under the agreement, to a designated member shall not be withheld or unreasonably delayed to a proposed transferee who meets such nondiscriminatory, material, and reasonable qualifications and standards.

(A) Upon written notice of intent to transfer the wholesaler's business, any individual owning or deceased individual who owned an interest in a wholesaler may transfer the wholesaler's business to a designated member or to any other person who meets the nondiscriminatory, material, and reasonable qualifications and standards required by the supplier for similarly situated wholesalers.

(B) The consent or approval of the supplier shall not be required of any transfer of the wholesaler's business, including the assignment of the wholesaler's rights under the agreement, to a designated member shall not be withheld or unreasonably delayed to a proposed transferee who meets such nondiscriminatory, material, and reasonable qualifications and standards.

(2) Provided, such designated member or transferee shall in no event be qualified as a transferee without the written approval or consent of the supplier where such proposed transferee shall have been involved in any of the following: (A) Insolvency, filing of any voluntary or involuntary petition under any bankruptcy or receivership law, or execution of an assignment for the benefit of creditors; (B) Revocation or suspension of an alcoholic beverage license by the regulatory agency of the United States Government or any state, whereby service was interrupted for more than thirty-one (31) days; (C) Conviction of the proposed transferee or any owner thereof of a felony under the United States Code or the laws of any state which reasonably may adversely affect the good will or interest of the wholesaler or supplier; or (D) Had an agreement involuntarily terminated, cancelled, not renewed, or discontinued by a supplier for good cause.

(A) Insolvency, filing of any voluntary or involuntary petition under any bankruptcy or receivership law, or execution of an assignment for the benefit of creditors;

(B) Revocation or suspension of an alcoholic beverage license by the regulatory agency of the United States Government or any state, whereby service was interrupted for more than thirty-one (31) days;

(C) Conviction of the proposed transferee or any owner thereof of a felony under the United States Code or the laws of any state which reasonably may adversely affect the good will or interest of the wholesaler or supplier; or

(D) Had an agreement involuntarily terminated, cancelled, not renewed, or discontinued by a supplier for good cause.

(b) The supplier shall not interfere with, prevent, or unreasonably delay the transfer of the wholesaler's business, including an assignment of wholesaler's rights under the agreement, if the proposed transferee is a designated member or if the transferee other than a designated member meets such nondiscriminatory, material and reasonable qualifications and standards required by the supplier for similarly situated wholesalers. Where the transferee is other than a designated member, the supplier may in good faith and for good cause related to the reasonable qualifications refuse to accept the transfer of the wholesaler's business or the assignment of the wholesaler's rights under the agreement.

Acts 1991, No. 8, § 6; 1991, No. 866, § 6.
Ark. Code Ann. § 3-9-302 — AR Code / Title 3 / Chapter 9 / Subchapter 3 / Section 3-9-302
Penalties
Status: in_force

If any cafe or restaurant licensed to sell wine as authorized in this subchapter shall violate any of the provisions of this subchapter or any of the provisions of other laws of this state regarding the sale of wine at retail, the owner or operator of the cafe or restaurant shall be guilty of a Class B misdemeanor. Acts 1965, No. 120, § 6; 1971, No. 441, § 4; A.S.A. 1947, § 48-631; Acts 2005, No. 1994, § 376.

If any cafe or restaurant licensed to sell wine as authorized in this subchapter shall violate any of the provisions of this subchapter or any of the provisions of other laws of this state regarding the sale of wine at retail, the owner or operator of the cafe or restaurant shall be guilty of a Class B misdemeanor.

Acts 1965, No. 120, § 6; 1971, No. 441, § 4; A.S.A. 1947, § 48-631; Acts 2005, No. 1994, § 376.
Ark. Code Ann. § 3-7-307 — AR Code / Title 3 / Chapter 7 / Subchapter 3 / Section 3-7-307
Rules - Sales to the military
Status: in_force

The Secretary of the Department of Finance and Administration shall continue the present, and if necessary promulgate additional rules to relieve wholesale distributors and importers from the liability of paying the excise tax levied and imposed on beverages covered by this subchapter which are sold to agencies of the United States Armed Forces. Amended by Act 2019, No. 315,§ 90, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3344, eff. 7/1/2019. Acts 1971, No. 296, § 5; A.S.A. 1947, § 48-426.

The Secretary of the Department of Finance and Administration shall continue the present, and if necessary promulgate additional rules to relieve wholesale distributors and importers from the liability of paying the excise tax levied and imposed on beverages covered by this subchapter which are sold to agencies of the United States Armed Forces.

Amended by Act 2019, No. 315,§ 90, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3344, eff. 7/1/2019.

Acts 1971, No. 296, § 5; A.S.A. 1947, § 48-426.
Ark. Code Ann. § 3-5-221 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-221
Miscellaneous prohibited practices - Penalties
Status: in_force

(a) (1) Any person being either a retail dealer or who knowingly places in his or her stock, who brings upon his or her premises, who has in his or her possession, or who sells or offers for sale any beer or wine on which the tax provided by law has not been paid, in addition to the other fines, penalties, and forfeitures shall be subject to a penalty of twenty-five dollars ($25.00) for each package of untaxed liquor so held or offered for sale. (2) The penalty shall be in the nature of liquidated damages and may be collected by civil action. (b) It shall be unlawful for any brewer or distributor of light wines or beer to manufacture or knowingly bring upon his or her premises and keep thereon any beer or wine of an alcoholic content in excess of five percent (5%) by weight or any distilled spirits of any alcoholic content whatsoever. (c) Any person who shall add to or mix with any beer or wine as defined in this subchapter any alcoholic or any other liquid, any alcohol cube or cubes, or any other ingredient or ingredients that will increase or tend to increase the alcoholic content or who shall knowingly offer any such liquor for sale shall be guilty of a violation and shall be fined in any sum not less than one hundred dollars ($100). (d) (1) It shall be unlawful for a licensee or for any agent, servant, or employee of a licensee: (A) (i) To suffer or permit any dice to be thrown for money or for anything of value or to suffer or permit gambling with cards, dominoes, raffle, or other games of chance or any form of gambling in the place designated by the license or in any booth, room, yard, garden, or other place appurtenant thereto. (ii) Forms of gambling under subdivision (d)(1)(A)(i) of this section do not include: (a) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; or (b) A lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.; (B) To suffer or permit the licensed premises to become disorderly; (C) To sell, barter, furnish, or give away to any minor under twenty-one (21) years of age any wine or beer; (D) To sell, barter, furnish, or possess in the place designated by the license or in any booth, yard, or garden any alcoholic liquors or beverages containing in excess of five percent (5%) of alcohol by weight or to permit any such acts to be done; (E) To permit any immoral or lascivious conduct on the part of the patrons or others at or in the licensed premises or in any place appurtenant thereto; or (F) To suffer or permit the use of any profane, violent, abusive, or vulgar language at or in such licensed premises or in any place appurtenant thereto. (2) The acts and conduct of the agents, servants, and employees of a licensee in the conduct of the business shall be deemed the acts and conduct of the licensee. (3) Any violation of the provisions of this subsection shall constitute a Class A misdemeanor, and each day the offense shall be continued shall constitute a separate offense. Acts 1933 (1st Ex. Sess.), No. 7, §§ 16, 19, 26; 1937, No. 261, § 1; Pope's Dig., §§ 14208, 14211, 14218; A.S.A. 1947, §§ 48-522 -- 48-524; Acts 2005, No. 1994, § 31; 2009, No. 605, § 10; 2009, No. 606, § 10.

(a) (1) Any person being either a retail dealer or who knowingly places in his or her stock, who brings upon his or her premises, who has in his or her possession, or who sells or offers for sale any beer or wine on which the tax provided by law has not been paid, in addition to the other fines, penalties, and forfeitures shall be subject to a penalty of twenty-five dollars ($25.00) for each package of untaxed liquor so held or offered for sale. (2) The penalty shall be in the nature of liquidated damages and may be collected by civil action.

(1) Any person being either a retail dealer or who knowingly places in his or her stock, who brings upon his or her premises, who has in his or her possession, or who sells or offers for sale any beer or wine on which the tax provided by law has not been paid, in addition to the other fines, penalties, and forfeitures shall be subject to a penalty of twenty-five dollars ($25.00) for each package of untaxed liquor so held or offered for sale.

(2) The penalty shall be in the nature of liquidated damages and may be collected by civil action.

(b) It shall be unlawful for any brewer or distributor of light wines or beer to manufacture or knowingly bring upon his or her premises and keep thereon any beer or wine of an alcoholic content in excess of five percent (5%) by weight or any distilled spirits of any alcoholic content whatsoever.

(c) Any person who shall add to or mix with any beer or wine as defined in this subchapter any alcoholic or any other liquid, any alcohol cube or cubes, or any other ingredient or ingredients that will increase or tend to increase the alcoholic content or who shall knowingly offer any such liquor for sale shall be guilty of a violation and shall be fined in any sum not less than one hundred dollars ($100).

(d) (1) It shall be unlawful for a licensee or for any agent, servant, or employee of a licensee: (A) (i) To suffer or permit any dice to be thrown for money or for anything of value or to suffer or permit gambling with cards, dominoes, raffle, or other games of chance or any form of gambling in the place designated by the license or in any booth, room, yard, garden, or other place appurtenant thereto. (ii) Forms of gambling under subdivision (d)(1)(A)(i) of this section do not include: (a) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; or (b) A lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.; (B) To suffer or permit the licensed premises to become disorderly; (C) To sell, barter, furnish, or give away to any minor under twenty-one (21) years of age any wine or beer; (D) To sell, barter, furnish, or possess in the place designated by the license or in any booth, yard, or garden any alcoholic liquors or beverages containing in excess of five percent (5%) of alcohol by weight or to permit any such acts to be done; (E) To permit any immoral or lascivious conduct on the part of the patrons or others at or in the licensed premises or in any place appurtenant thereto; or (F) To suffer or permit the use of any profane, violent, abusive, or vulgar language at or in such licensed premises or in any place appurtenant thereto. (2) The acts and conduct of the agents, servants, and employees of a licensee in the conduct of the business shall be deemed the acts and conduct of the licensee. (3) Any violation of the provisions of this subsection shall constitute a Class A misdemeanor, and each day the offense shall be continued shall constitute a separate offense.

(1) It shall be unlawful for a licensee or for any agent, servant, or employee of a licensee: (A) (i) To suffer or permit any dice to be thrown for money or for anything of value or to suffer or permit gambling with cards, dominoes, raffle, or other games of chance or any form of gambling in the place designated by the license or in any booth, room, yard, garden, or other place appurtenant thereto. (ii) Forms of gambling under subdivision (d)(1)(A)(i) of this section do not include: (a) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; or (b) A lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.; (B) To suffer or permit the licensed premises to become disorderly; (C) To sell, barter, furnish, or give away to any minor under twenty-one (21) years of age any wine or beer; (D) To sell, barter, furnish, or possess in the place designated by the license or in any booth, yard, or garden any alcoholic liquors or beverages containing in excess of five percent (5%) of alcohol by weight or to permit any such acts to be done; (E) To permit any immoral or lascivious conduct on the part of the patrons or others at or in the licensed premises or in any place appurtenant thereto; or (F) To suffer or permit the use of any profane, violent, abusive, or vulgar language at or in such licensed premises or in any place appurtenant thereto.

(A) (i) To suffer or permit any dice to be thrown for money or for anything of value or to suffer or permit gambling with cards, dominoes, raffle, or other games of chance or any form of gambling in the place designated by the license or in any booth, room, yard, garden, or other place appurtenant thereto. (ii) Forms of gambling under subdivision (d)(1)(A)(i) of this section do not include: (a) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; or (b) A lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.;

(i) To suffer or permit any dice to be thrown for money or for anything of value or to suffer or permit gambling with cards, dominoes, raffle, or other games of chance or any form of gambling in the place designated by the license or in any booth, room, yard, garden, or other place appurtenant thereto.

(ii) Forms of gambling under subdivision (d)(1)(A)(i) of this section do not include: (a) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; or (b) A lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.;

(a) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; or

(b) A lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.;

(B) To suffer or permit the licensed premises to become disorderly;

(C) To sell, barter, furnish, or give away to any minor under twenty-one (21) years of age any wine or beer;

(D) To sell, barter, furnish, or possess in the place designated by the license or in any booth, yard, or garden any alcoholic liquors or beverages containing in excess of five percent (5%) of alcohol by weight or to permit any such acts to be done;

(E) To permit any immoral or lascivious conduct on the part of the patrons or others at or in the licensed premises or in any place appurtenant thereto; or

(F) To suffer or permit the use of any profane, violent, abusive, or vulgar language at or in such licensed premises or in any place appurtenant thereto.

(2) The acts and conduct of the agents, servants, and employees of a licensee in the conduct of the business shall be deemed the acts and conduct of the licensee.

(3) Any violation of the provisions of this subsection shall constitute a Class A misdemeanor, and each day the offense shall be continued shall constitute a separate offense.

Acts 1933 (1st Ex. Sess.), No. 7, §§ 16, 19, 26; 1937, No. 261, § 1; Pope's Dig., §§ 14208, 14211, 14218; A.S.A. 1947, §§ 48-522 -- 48-524; Acts 2005, No. 1994, § 31; 2009, No. 605, § 10; 2009, No. 606, § 10.
Ark. Code Ann. § 3-5-1602 — AR Code / Title 3 / Chapter 5 / Subchapter 16 / Section 3-5-1602
Licensing of small farm wineries
Status: in_force

(a) An in-state or out-of-state small farm winery may apply to the Alcoholic Beverage Control Board for a small farm winery license. (b) (1) A small farm winery may be licensed by the board. (2) The license shall: (A) Show the registration number and location of the small farm winery; (B) Show the name of the person that owns or operates the small farm winery; and (C) Be conspicuously posted at the small farm winery. (c) (1) The small farm winery license authorizes the licensee to perform the following functions without the small farm winery having to obtain a separate license: (A) Manufacture wines and bottle wines produced by that small farm winery; (B) Bottle wines produced by another small farm winery; (C) Serve on the premises or at small farm winery off-premises retail sites complimentary samples of wine produced by the small farm winery or another licensed small farm winery, if the small farm winery or its off-premises retail site is located in a wet territory; (D) Sell at retail by the drink or by the package wine produced on the premises of the small farm winery or produced by another small farm winery, if all sales occur in a wet territory and at: (i) The small farm winery off-premises retail sites; or (ii) Fairs and food and wine festivals, with the permission and the consent of the management of the events. A sales and use tax permit is also required; (E) (i) Sell and transport wine produced on the premises of the small farm winery or of another small farm winery to wholesale and retail license holders and small farm winery license holders. (ii) To exercise the privileges of subdivision (c)(1)(E)(i) of this section, the small farm winery shall obtain a wine wholesale permit or sell to a licensed small farm winery wholesaler; (F) Sell for consumption on the premises wine produced by the small farm winery or another small farm winery and purchased by the drink or by the package at the licensed premises, if the small farm winery is located in a wet territory; (G) Receive shipments of sparkling wine or champagne in bottles with or without a label from other in-state or out-of-state small farm wineries; and (H) Sell for on-premises or off-premises consumption hard cider manufactured by a hard cider manufacturer, if all sales occur in a wet territory. (2) A small farm winery off-premises retail site shall be separately licensed under § 3-5-1605(a)(3) before performing the operations listed in subdivision (c)(1) of this section at the off-premises retail site. (d) An applicant for a small farm winery license shall submit with its application to the board a copy of the small farm winery's federal basic permit and proof documenting its annual wine production. (e) The board may issue a license under this section to a small farm winery in a dry area if the small farm winery sells exclusively to wholesalers as authorized under § 3-8-203 . Amended by Act 2023, No. 747,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 691,§ 17, eff. 7/24/2019. Amended by Act 2013, No. 1001,§ 1, eff. 8/16/2013. Acts 2007, No. 668, § 1; 2009, No. 1195, § 1.

(a) An in-state or out-of-state small farm winery may apply to the Alcoholic Beverage Control Board for a small farm winery license.

(b) (1) A small farm winery may be licensed by the board. (2) The license shall: (A) Show the registration number and location of the small farm winery; (B) Show the name of the person that owns or operates the small farm winery; and (C) Be conspicuously posted at the small farm winery.

(1) A small farm winery may be licensed by the board.

(2) The license shall: (A) Show the registration number and location of the small farm winery; (B) Show the name of the person that owns or operates the small farm winery; and (C) Be conspicuously posted at the small farm winery.

(A) Show the registration number and location of the small farm winery;

(B) Show the name of the person that owns or operates the small farm winery; and

(C) Be conspicuously posted at the small farm winery.

(c) (1) The small farm winery license authorizes the licensee to perform the following functions without the small farm winery having to obtain a separate license: (A) Manufacture wines and bottle wines produced by that small farm winery; (B) Bottle wines produced by another small farm winery; (C) Serve on the premises or at small farm winery off-premises retail sites complimentary samples of wine produced by the small farm winery or another licensed small farm winery, if the small farm winery or its off-premises retail site is located in a wet territory; (D) Sell at retail by the drink or by the package wine produced on the premises of the small farm winery or produced by another small farm winery, if all sales occur in a wet territory and at: (i) The small farm winery off-premises retail sites; or (ii) Fairs and food and wine festivals, with the permission and the consent of the management of the events. A sales and use tax permit is also required; (E) (i) Sell and transport wine produced on the premises of the small farm winery or of another small farm winery to wholesale and retail license holders and small farm winery license holders. (ii) To exercise the privileges of subdivision (c)(1)(E)(i) of this section, the small farm winery shall obtain a wine wholesale permit or sell to a licensed small farm winery wholesaler; (F) Sell for consumption on the premises wine produced by the small farm winery or another small farm winery and purchased by the drink or by the package at the licensed premises, if the small farm winery is located in a wet territory; (G) Receive shipments of sparkling wine or champagne in bottles with or without a label from other in-state or out-of-state small farm wineries; and (H) Sell for on-premises or off-premises consumption hard cider manufactured by a hard cider manufacturer, if all sales occur in a wet territory. (2) A small farm winery off-premises retail site shall be separately licensed under § 3-5-1605(a)(3) before performing the operations listed in subdivision (c)(1) of this section at the off-premises retail site.

(1) The small farm winery license authorizes the licensee to perform the following functions without the small farm winery having to obtain a separate license: (A) Manufacture wines and bottle wines produced by that small farm winery; (B) Bottle wines produced by another small farm winery; (C) Serve on the premises or at small farm winery off-premises retail sites complimentary samples of wine produced by the small farm winery or another licensed small farm winery, if the small farm winery or its off-premises retail site is located in a wet territory; (D) Sell at retail by the drink or by the package wine produced on the premises of the small farm winery or produced by another small farm winery, if all sales occur in a wet territory and at: (i) The small farm winery off-premises retail sites; or (ii) Fairs and food and wine festivals, with the permission and the consent of the management of the events. A sales and use tax permit is also required; (E) (i) Sell and transport wine produced on the premises of the small farm winery or of another small farm winery to wholesale and retail license holders and small farm winery license holders. (ii) To exercise the privileges of subdivision (c)(1)(E)(i) of this section, the small farm winery shall obtain a wine wholesale permit or sell to a licensed small farm winery wholesaler; (F) Sell for consumption on the premises wine produced by the small farm winery or another small farm winery and purchased by the drink or by the package at the licensed premises, if the small farm winery is located in a wet territory; (G) Receive shipments of sparkling wine or champagne in bottles with or without a label from other in-state or out-of-state small farm wineries; and (H) Sell for on-premises or off-premises consumption hard cider manufactured by a hard cider manufacturer, if all sales occur in a wet territory.

(A) Manufacture wines and bottle wines produced by that small farm winery;

(B) Bottle wines produced by another small farm winery;

(C) Serve on the premises or at small farm winery off-premises retail sites complimentary samples of wine produced by the small farm winery or another licensed small farm winery, if the small farm winery or its off-premises retail site is located in a wet territory;

(D) Sell at retail by the drink or by the package wine produced on the premises of the small farm winery or produced by another small farm winery, if all sales occur in a wet territory and at: (i) The small farm winery off-premises retail sites; or (ii) Fairs and food and wine festivals, with the permission and the consent of the management of the events. A sales and use tax permit is also required;

(i) The small farm winery off-premises retail sites; or

(ii) Fairs and food and wine festivals, with the permission and the consent of the management of the events. A sales and use tax permit is also required;

(E) (i) Sell and transport wine produced on the premises of the small farm winery or of another small farm winery to wholesale and retail license holders and small farm winery license holders. (ii) To exercise the privileges of subdivision (c)(1)(E)(i) of this section, the small farm winery shall obtain a wine wholesale permit or sell to a licensed small farm winery wholesaler;

(i) Sell and transport wine produced on the premises of the small farm winery or of another small farm winery to wholesale and retail license holders and small farm winery license holders.

(ii) To exercise the privileges of subdivision (c)(1)(E)(i) of this section, the small farm winery shall obtain a wine wholesale permit or sell to a licensed small farm winery wholesaler;

(F) Sell for consumption on the premises wine produced by the small farm winery or another small farm winery and purchased by the drink or by the package at the licensed premises, if the small farm winery is located in a wet territory;

(G) Receive shipments of sparkling wine or champagne in bottles with or without a label from other in-state or out-of-state small farm wineries; and

(H) Sell for on-premises or off-premises consumption hard cider manufactured by a hard cider manufacturer, if all sales occur in a wet territory.

(2) A small farm winery off-premises retail site shall be separately licensed under § 3-5-1605(a)(3) before performing the operations listed in subdivision (c)(1) of this section at the off-premises retail site.

(d) An applicant for a small farm winery license shall submit with its application to the board a copy of the small farm winery's federal basic permit and proof documenting its annual wine production.

(e) The board may issue a license under this section to a small farm winery in a dry area if the small farm winery sells exclusively to wholesalers as authorized under § 3-8-203 .

Amended by Act 2023, No. 747,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 691,§ 17, eff. 7/24/2019.

Amended by Act 2013, No. 1001,§ 1, eff. 8/16/2013.

Acts 2007, No. 668, § 1; 2009, No. 1195, § 1.
Ark. Code Ann. § 3-2-304 — AR Code / Title 3 / Chapter 2 / Subchapter 3 / Section 3-2-304
Search warrants
Status: in_force

(a) It is made and declared to be the duty of a circuit, district, and city court on information given, on its own knowledge, or when it has reasonable grounds to believe that alcohol, spirituous, ardent, vinous, malt, or fermented liquors, or any compound or preparation thereof commonly called tonics, bitters, or medicated liquors of any kind are kept in any prohibited district to be sold contrary to law or have been shipped into any prohibited district to be sold contrary to law, that it issue a warrant directed to some peace officer, directing in the warrant a search for intoxicating liquors and specifying in the warrant the place to be searched. (b) However, this section shall not apply to the giving away or selling of native wines when the sale is authorized by law. Acts 1899, No. 13, § 1, p. 11; C. & M. Dig., § 6184; A.S.A. 1947, § 48-1107; Acts 2003, No. 1185, §§ 1, 2.

(a) It is made and declared to be the duty of a circuit, district, and city court on information given, on its own knowledge, or when it has reasonable grounds to believe that alcohol, spirituous, ardent, vinous, malt, or fermented liquors, or any compound or preparation thereof commonly called tonics, bitters, or medicated liquors of any kind are kept in any prohibited district to be sold contrary to law or have been shipped into any prohibited district to be sold contrary to law, that it issue a warrant directed to some peace officer, directing in the warrant a search for intoxicating liquors and specifying in the warrant the place to be searched.

(b) However, this section shall not apply to the giving away or selling of native wines when the sale is authorized by law.

Acts 1899, No. 13, § 1, p. 11; C. & M. Dig., § 6184; A.S.A. 1947, § 48-1107; Acts 2003, No. 1185, §§ 1, 2.