Ark. Code Ann. § 3-3-210 — AR Code / Title 3 / Chapter 3 / Subchapter 2 / Section 3-3-210
Sale on Sunday or early weekday mornings
Status: in_force

(a) (1) A person who sells intoxicating alcoholic liquor on Sunday, except as such sales are authorized by §§ 3-9-215 and 3-9-216, and subdivision (a)(3) of this section, or between 1:00 a.m. and 7:00 a.m. on weekdays is guilty of a violation and for the first offense shall be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250). (2) For the second and subsequent offenses, the person is guilty of a Class B misdemeanor. (3) A person that holds a permit that allows on-premises consumption of alcoholic beverages may operate on Sundays between the hours of 10:00 a.m. and 12:00 midnight. (4) (A) A city, town, or county may establish by ordinance a lesser period of time than provided in subdivision (a)(3) of this section during which on-premises consumption of alcoholic beverages may occur at on-premises outlets. (B) The city, town, or county ordinance shall specify the on-premises outlets that are subject to the more restrictive hours of operation on a Sunday. (5) A violation of a more restrictive city, town, or county ordinance is not an administrative violation against the Alcoholic Beverage Control Division on-premises consumption permit and shall be treated and disposed of under § 3-4-407. (6) The hours of operation of private club permitted establishments shall continue to be controlled by Alcoholic Beverage Control Division rules. (b) (1) (A) As a further exception to the Sunday sales prohibition set out in subsection (a) of this section, counties and cities in the state may refer to the voters at an election the issue of whether to authorize the sale of alcoholic beverages for off-premises consumption on Sundays between the hours of 10:00 a.m. and 12:00 midnight or within a lesser period within the hours as may be provided under a referendum election conducted in accordance with the following: (i) A referendum election may be called in a city by a petition filed with the city clerk signed by fifteen percent (15%) of the qualified electors who cast a vote in the city for the Office of Governor in the last general election in which the office appeared on the ballot; or (ii) A referendum election may be called in a county by a petition filed with the county clerk signed by fifteen percent (15%) of the qualified electors who cast a vote in the county for the Office of Governor in the last general election in which the office appeared on the ballot. (B) The Sunday sale of alcoholic beverages authorized in this subsection shall be limited to those businesses within the county or city that possess a current and valid license for the sale of alcoholic beverages issued by the Alcoholic Beverage Control Division. (2) (A) The election under this subsection shall be conducted on a citywide or countywide basis. (B) All qualified electors within the city or county, as the case may be, shall be eligible to vote even though they may reside in a dry area. (C) The election under this subsection on the Sunday sales question shall be held in accordance with the procedures established for on-premises consumption elections by § 3-9-201 et seq., and the ballot for the election shall be printed substantially as follows: "( ) FOR THE OFF-PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED BY LAW. ( ) AGAINST THE OFF-PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED BY LAW.". (3) (A) The vote of the majority of the electors in a citywide election approving Sunday sales shall authorize the sales in all permitted outlets located within the incorporated areas of the city only. (B) The vote of the majority of the electors in a countywide election approving Sunday sales shall authorize the sales in all permitted outlets located anywhere within the county. (4) The vote of the majority of the electors against the off-premises sale of alcoholic beverages on Sunday has no effect on sales of mixed drinks in hotels and restaurants as authorized by § 3-9-215 or § 3-9-216 or any other on-premises-consumption permitted outlet. (c) Notwithstanding the authority granted to counties and cities in this section, wholesale distributors of intoxicating alcoholic liquor may not sell or deliver any alcoholic beverages to retailers on a Sunday. Acts 1943, No. 218, § 1; 1959, No. 56, § 1; A.S.A. 1947, § 48-901; Acts 1989, No. 426, § 1; 1999, No. 857, § 1; 2005, No. 1994, § 367; 2007, No. 1017, § 1; 2009, No 294, § 2; 2009, No. 763, § 1.

(a) (1) A person who sells intoxicating alcoholic liquor on Sunday, except as such sales are authorized by §§ 3-9-215 and 3-9-216, and subdivision (a)(3) of this section, or between 1:00 a.m. and 7:00 a.m. on weekdays is guilty of a violation and for the first offense shall be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250). (2) For the second and subsequent offenses, the person is guilty of a Class B misdemeanor. (3) A person that holds a permit that allows on-premises consumption of alcoholic beverages may operate on Sundays between the hours of 10:00 a.m. and 12:00 midnight. (4) (A) A city, town, or county may establish by ordinance a lesser period of time than provided in subdivision (a)(3) of this section during which on-premises consumption of alcoholic beverages may occur at on-premises outlets. (B) The city, town, or county ordinance shall specify the on-premises outlets that are subject to the more restrictive hours of operation on a Sunday. (5) A violation of a more restrictive city, town, or county ordinance is not an administrative violation against the Alcoholic Beverage Control Division on-premises consumption permit and shall be treated and disposed of under § 3-4-407. (6) The hours of operation of private club permitted establishments shall continue to be controlled by Alcoholic Beverage Control Division rules.

(1) A person who sells intoxicating alcoholic liquor on Sunday, except as such sales are authorized by §§ 3-9-215 and 3-9-216, and subdivision (a)(3) of this section, or between 1:00 a.m. and 7:00 a.m. on weekdays is guilty of a violation and for the first offense shall be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).

(2) For the second and subsequent offenses, the person is guilty of a Class B misdemeanor.

(3) A person that holds a permit that allows on-premises consumption of alcoholic beverages may operate on Sundays between the hours of 10:00 a.m. and 12:00 midnight.

(4) (A) A city, town, or county may establish by ordinance a lesser period of time than provided in subdivision (a)(3) of this section during which on-premises consumption of alcoholic beverages may occur at on-premises outlets. (B) The city, town, or county ordinance shall specify the on-premises outlets that are subject to the more restrictive hours of operation on a Sunday.

(A) A city, town, or county may establish by ordinance a lesser period of time than provided in subdivision (a)(3) of this section during which on-premises consumption of alcoholic beverages may occur at on-premises outlets.

(B) The city, town, or county ordinance shall specify the on-premises outlets that are subject to the more restrictive hours of operation on a Sunday.

(5) A violation of a more restrictive city, town, or county ordinance is not an administrative violation against the Alcoholic Beverage Control Division on-premises consumption permit and shall be treated and disposed of under § 3-4-407.

(6) The hours of operation of private club permitted establishments shall continue to be controlled by Alcoholic Beverage Control Division rules.

(b) (1) (A) As a further exception to the Sunday sales prohibition set out in subsection (a) of this section, counties and cities in the state may refer to the voters at an election the issue of whether to authorize the sale of alcoholic beverages for off-premises consumption on Sundays between the hours of 10:00 a.m. and 12:00 midnight or within a lesser period within the hours as may be provided under a referendum election conducted in accordance with the following: (i) A referendum election may be called in a city by a petition filed with the city clerk signed by fifteen percent (15%) of the qualified electors who cast a vote in the city for the Office of Governor in the last general election in which the office appeared on the ballot; or (ii) A referendum election may be called in a county by a petition filed with the county clerk signed by fifteen percent (15%) of the qualified electors who cast a vote in the county for the Office of Governor in the last general election in which the office appeared on the ballot. (B) The Sunday sale of alcoholic beverages authorized in this subsection shall be limited to those businesses within the county or city that possess a current and valid license for the sale of alcoholic beverages issued by the Alcoholic Beverage Control Division. (2) (A) The election under this subsection shall be conducted on a citywide or countywide basis. (B) All qualified electors within the city or county, as the case may be, shall be eligible to vote even though they may reside in a dry area. (C) The election under this subsection on the Sunday sales question shall be held in accordance with the procedures established for on-premises consumption elections by § 3-9-201 et seq., and the ballot for the election shall be printed substantially as follows: "( ) FOR THE OFF-PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED BY LAW. ( ) AGAINST THE OFF-PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED BY LAW.". (3) (A) The vote of the majority of the electors in a citywide election approving Sunday sales shall authorize the sales in all permitted outlets located within the incorporated areas of the city only. (B) The vote of the majority of the electors in a countywide election approving Sunday sales shall authorize the sales in all permitted outlets located anywhere within the county. (4) The vote of the majority of the electors against the off-premises sale of alcoholic beverages on Sunday has no effect on sales of mixed drinks in hotels and restaurants as authorized by § 3-9-215 or § 3-9-216 or any other on-premises-consumption permitted outlet.

(1) (A) As a further exception to the Sunday sales prohibition set out in subsection (a) of this section, counties and cities in the state may refer to the voters at an election the issue of whether to authorize the sale of alcoholic beverages for off-premises consumption on Sundays between the hours of 10:00 a.m. and 12:00 midnight or within a lesser period within the hours as may be provided under a referendum election conducted in accordance with the following: (i) A referendum election may be called in a city by a petition filed with the city clerk signed by fifteen percent (15%) of the qualified electors who cast a vote in the city for the Office of Governor in the last general election in which the office appeared on the ballot; or (ii) A referendum election may be called in a county by a petition filed with the county clerk signed by fifteen percent (15%) of the qualified electors who cast a vote in the county for the Office of Governor in the last general election in which the office appeared on the ballot. (B) The Sunday sale of alcoholic beverages authorized in this subsection shall be limited to those businesses within the county or city that possess a current and valid license for the sale of alcoholic beverages issued by the Alcoholic Beverage Control Division.

(A) As a further exception to the Sunday sales prohibition set out in subsection (a) of this section, counties and cities in the state may refer to the voters at an election the issue of whether to authorize the sale of alcoholic beverages for off-premises consumption on Sundays between the hours of 10:00 a.m. and 12:00 midnight or within a lesser period within the hours as may be provided under a referendum election conducted in accordance with the following: (i) A referendum election may be called in a city by a petition filed with the city clerk signed by fifteen percent (15%) of the qualified electors who cast a vote in the city for the Office of Governor in the last general election in which the office appeared on the ballot; or (ii) A referendum election may be called in a county by a petition filed with the county clerk signed by fifteen percent (15%) of the qualified electors who cast a vote in the county for the Office of Governor in the last general election in which the office appeared on the ballot.

(i) A referendum election may be called in a city by a petition filed with the city clerk signed by fifteen percent (15%) of the qualified electors who cast a vote in the city for the Office of Governor in the last general election in which the office appeared on the ballot; or

(ii) A referendum election may be called in a county by a petition filed with the county clerk signed by fifteen percent (15%) of the qualified electors who cast a vote in the county for the Office of Governor in the last general election in which the office appeared on the ballot.

(B) The Sunday sale of alcoholic beverages authorized in this subsection shall be limited to those businesses within the county or city that possess a current and valid license for the sale of alcoholic beverages issued by the Alcoholic Beverage Control Division.

(2) (A) The election under this subsection shall be conducted on a citywide or countywide basis. (B) All qualified electors within the city or county, as the case may be, shall be eligible to vote even though they may reside in a dry area. (C) The election under this subsection on the Sunday sales question shall be held in accordance with the procedures established for on-premises consumption elections by § 3-9-201 et seq., and the ballot for the election shall be printed substantially as follows: "( ) FOR THE OFF-PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED BY LAW. ( ) AGAINST THE OFF-PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED BY LAW.".

(A) The election under this subsection shall be conducted on a citywide or countywide basis.

(B) All qualified electors within the city or county, as the case may be, shall be eligible to vote even though they may reside in a dry area.

(C) The election under this subsection on the Sunday sales question shall be held in accordance with the procedures established for on-premises consumption elections by § 3-9-201 et seq., and the ballot for the election shall be printed substantially as follows: "( ) FOR THE OFF-PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED BY LAW. ( ) AGAINST THE OFF-PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED BY LAW.".

"( ) FOR THE OFF-PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED BY LAW.

( ) AGAINST THE OFF-PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED BY LAW.".

(3) (A) The vote of the majority of the electors in a citywide election approving Sunday sales shall authorize the sales in all permitted outlets located within the incorporated areas of the city only. (B) The vote of the majority of the electors in a countywide election approving Sunday sales shall authorize the sales in all permitted outlets located anywhere within the county.

(A) The vote of the majority of the electors in a citywide election approving Sunday sales shall authorize the sales in all permitted outlets located within the incorporated areas of the city only.

(B) The vote of the majority of the electors in a countywide election approving Sunday sales shall authorize the sales in all permitted outlets located anywhere within the county.

(4) The vote of the majority of the electors against the off-premises sale of alcoholic beverages on Sunday has no effect on sales of mixed drinks in hotels and restaurants as authorized by § 3-9-215 or § 3-9-216 or any other on-premises-consumption permitted outlet.

(c) Notwithstanding the authority granted to counties and cities in this section, wholesale distributors of intoxicating alcoholic liquor may not sell or deliver any alcoholic beverages to retailers on a Sunday.

Acts 1943, No. 218, § 1; 1959, No. 56, § 1; A.S.A. 1947, § 48-901; Acts 1989, No. 426, § 1; 1999, No. 857, § 1; 2005, No. 1994, § 367; 2007, No. 1017, § 1; 2009, No 294, § 2; 2009, No. 763, § 1.
Ark. Code Ann. § 3-5-904 — AR Code / Title 3 / Chapter 5 / Subchapter 9 / Section 3-5-904
Eligibility
Status: in_force

(a) A winery is eligible to receive a grant under this subchapter if the winery: (1) Has been actively involved in the sale of wine as an Arkansas-bonded winery for five (5) years; or (2) Has a federal license; (3) Was licensed by the State of Arkansas as of January 1, 2016; (4) Cultivates and maintains two (2) or more acres of marketable grapes in Arkansas using standard commercial vineyard cultivation practices; (5) Produces by fermentation a minimum of eight hundred gallons (800 gals.) of wine on the winery premises in the previous calendar year; and (6) Received a certification of eligibility under this subsection from the Arkansas Wine Producers Council. (b) Only those wineries located in this state which use not less than seventy-five percent (75%) of Arkansas-grown and Arkansas-produced grapes, fruits, berries, or vegetables for producing wine shall be eligible to receive grants under the provisions of this subchapter. (c) However, in any year in which there are losses in production of Arkansas-grown grapes, fruits, berries, or vegetables used in the production of wine resulting from droughts, floods, tornadoes, extreme weather conditions, or other natural causes, the percentage of Arkansas-grown and Arkansas-produced grapes, fruits, berries, or vegetables used in producing wine, as required in this subchapter, shall be reduced in the proportion of the losses in production of the products as determined and set forth in a disaster relief order issued by the Secretary of the Department of Finance and Administration prepared under the same procedures as set forth in the Native Wine Industry Disaster Relief Act, § 3-5-801 et seq. Amended by Act 2019, No. 1050,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3319, eff. 7/1/2019. Amended by Act 2017, No. 508,§ 4, eff. 1/1/2018. Acts 1985, No. 681, § 2; A.S.A. 1947, § 48-653; Acts 2003 (1st Ex. Sess.), No. 50, § 110.

(a) A winery is eligible to receive a grant under this subchapter if the winery: (1) Has been actively involved in the sale of wine as an Arkansas-bonded winery for five (5) years; or (2) Has a federal license; (3) Was licensed by the State of Arkansas as of January 1, 2016; (4) Cultivates and maintains two (2) or more acres of marketable grapes in Arkansas using standard commercial vineyard cultivation practices; (5) Produces by fermentation a minimum of eight hundred gallons (800 gals.) of wine on the winery premises in the previous calendar year; and (6) Received a certification of eligibility under this subsection from the Arkansas Wine Producers Council.

(1) Has been actively involved in the sale of wine as an Arkansas-bonded winery for five (5) years; or

(2) Has a federal license;

(3) Was licensed by the State of Arkansas as of January 1, 2016;

(4) Cultivates and maintains two (2) or more acres of marketable grapes in Arkansas using standard commercial vineyard cultivation practices;

(5) Produces by fermentation a minimum of eight hundred gallons (800 gals.) of wine on the winery premises in the previous calendar year; and

(6) Received a certification of eligibility under this subsection from the Arkansas Wine Producers Council.

(b) Only those wineries located in this state which use not less than seventy-five percent (75%) of Arkansas-grown and Arkansas-produced grapes, fruits, berries, or vegetables for producing wine shall be eligible to receive grants under the provisions of this subchapter.

(c) However, in any year in which there are losses in production of Arkansas-grown grapes, fruits, berries, or vegetables used in the production of wine resulting from droughts, floods, tornadoes, extreme weather conditions, or other natural causes, the percentage of Arkansas-grown and Arkansas-produced grapes, fruits, berries, or vegetables used in producing wine, as required in this subchapter, shall be reduced in the proportion of the losses in production of the products as determined and set forth in a disaster relief order issued by the Secretary of the Department of Finance and Administration prepared under the same procedures as set forth in the Native Wine Industry Disaster Relief Act, § 3-5-801 et seq.

Amended by Act 2019, No. 1050,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3319, eff. 7/1/2019.

Amended by Act 2017, No. 508,§ 4, eff. 1/1/2018.

Acts 1985, No. 681, § 2; A.S.A. 1947, § 48-653; Acts 2003 (1st Ex. Sess.), No. 50, § 110.
Ark. Code Ann. § 3-2-403 — AR Code / Title 3 / Chapter 2 / Subchapter 4 / Section 3-2-403
Spirituous and vinous beverages - Registration of brands and labels - Designation of licensed wholesaler - Definition
Status: in_force

(a) As used in this section, "brand label" means the label carrying the distinctive design of a brand name of a spirituous liquor or vinous liquor. (b) (1) Every manufacturer, importer, or producer of spirituous and vinous beverages, as defined by § 3-1-102 , doing business in the State of Arkansas shall submit to the Alcoholic Beverage Control Division one (1) United States Alcohol and Tobacco Tax and Trade Bureau Certificate of Label Approval for each brand of spirituous and vinous beverages and the brand label extension of each brand of spirituous and vinous beverages to be shipped for the first time by the shipper into or within the state and shall designate in the application for registration one (1) licensed liquor wholesaler in the state, who shall be the exclusive distributor of such brand or label within the state. Such designated wholesaler shall be initially approved by the Director of the Alcoholic Beverage Control Division and shall not be changed or initially disapproved except for good cause, and the director shall determine good cause after a hearing pursuant to the provisions set out in this subchapter. Any brands or labels previously registered in this state and which have subsequently been withdrawn from distribution in this state shall be treated in the same manner as the initial registration of brands or labels and are subject to the provisions of this section. (2) A brand label and a brand label extension shall be registered by the supplier before the first shipment of each brand label and brand label extension into or within the state on or after July 1, 2013. (3) Spirituous liquor beverages classified as a ready-to-drink product containing spirituous liquor with a final finished product of no greater than fifteen percent (15%) alcohol by weight may be registered under § 3-2-409 pursuant to rules adopted by the division. (c) A copy of the United States Alcohol and Tobacco Tax and Trade Bureau Certificate of Label Approval for each brand label and brand label extension shall be submitted with the registration of each brand label and brand label extension. (d) The registration of a brand label and a brand label extension shall: (1) Be in writing or electronically submitted as prescribed by the director; (2) Be verified if it is submitted in writing; and (3) Set forth information as the director requires. (e) Each United States Alcohol and Tobacco Tax and Trade Bureau Certificate of Label Approval submitted for registration shall be accompanied by a registration fee of fifteen dollars ($15.00) payable by check, cash, money order, or electronic payment. (f) The registration shall be renewed annually. (g) The division shall promulgate rules to administer and implement this section. Amended by Act 2021, No. 578,§ 1, eff. 7/28/2021. Amended by Act 2013, No. 1105,§ 1, eff. 8/16/2013. Acts 1991, No. 260, § 2.

(a) As used in this section, "brand label" means the label carrying the distinctive design of a brand name of a spirituous liquor or vinous liquor.

(b) (1) Every manufacturer, importer, or producer of spirituous and vinous beverages, as defined by § 3-1-102 , doing business in the State of Arkansas shall submit to the Alcoholic Beverage Control Division one (1) United States Alcohol and Tobacco Tax and Trade Bureau Certificate of Label Approval for each brand of spirituous and vinous beverages and the brand label extension of each brand of spirituous and vinous beverages to be shipped for the first time by the shipper into or within the state and shall designate in the application for registration one (1) licensed liquor wholesaler in the state, who shall be the exclusive distributor of such brand or label within the state. Such designated wholesaler shall be initially approved by the Director of the Alcoholic Beverage Control Division and shall not be changed or initially disapproved except for good cause, and the director shall determine good cause after a hearing pursuant to the provisions set out in this subchapter. Any brands or labels previously registered in this state and which have subsequently been withdrawn from distribution in this state shall be treated in the same manner as the initial registration of brands or labels and are subject to the provisions of this section. (2) A brand label and a brand label extension shall be registered by the supplier before the first shipment of each brand label and brand label extension into or within the state on or after July 1, 2013. (3) Spirituous liquor beverages classified as a ready-to-drink product containing spirituous liquor with a final finished product of no greater than fifteen percent (15%) alcohol by weight may be registered under § 3-2-409 pursuant to rules adopted by the division.

(1) Every manufacturer, importer, or producer of spirituous and vinous beverages, as defined by § 3-1-102 , doing business in the State of Arkansas shall submit to the Alcoholic Beverage Control Division one (1) United States Alcohol and Tobacco Tax and Trade Bureau Certificate of Label Approval for each brand of spirituous and vinous beverages and the brand label extension of each brand of spirituous and vinous beverages to be shipped for the first time by the shipper into or within the state and shall designate in the application for registration one (1) licensed liquor wholesaler in the state, who shall be the exclusive distributor of such brand or label within the state. Such designated wholesaler shall be initially approved by the Director of the Alcoholic Beverage Control Division and shall not be changed or initially disapproved except for good cause, and the director shall determine good cause after a hearing pursuant to the provisions set out in this subchapter. Any brands or labels previously registered in this state and which have subsequently been withdrawn from distribution in this state shall be treated in the same manner as the initial registration of brands or labels and are subject to the provisions of this section.

(2) A brand label and a brand label extension shall be registered by the supplier before the first shipment of each brand label and brand label extension into or within the state on or after July 1, 2013.

(3) Spirituous liquor beverages classified as a ready-to-drink product containing spirituous liquor with a final finished product of no greater than fifteen percent (15%) alcohol by weight may be registered under § 3-2-409 pursuant to rules adopted by the division.

(c) A copy of the United States Alcohol and Tobacco Tax and Trade Bureau Certificate of Label Approval for each brand label and brand label extension shall be submitted with the registration of each brand label and brand label extension.

(d) The registration of a brand label and a brand label extension shall: (1) Be in writing or electronically submitted as prescribed by the director; (2) Be verified if it is submitted in writing; and (3) Set forth information as the director requires.

(1) Be in writing or electronically submitted as prescribed by the director;

(2) Be verified if it is submitted in writing; and

(3) Set forth information as the director requires.

(e) Each United States Alcohol and Tobacco Tax and Trade Bureau Certificate of Label Approval submitted for registration shall be accompanied by a registration fee of fifteen dollars ($15.00) payable by check, cash, money order, or electronic payment.

(f) The registration shall be renewed annually.

(g) The division shall promulgate rules to administer and implement this section.

Amended by Act 2021, No. 578,§ 1, eff. 7/28/2021.

Amended by Act 2013, No. 1105,§ 1, eff. 8/16/2013.

Acts 1991, No. 260, § 2.
Ark. Code Ann. § 3-8-807 — AR Code / Title 3 / Chapter 8 / Subchapter 8 / Section 3-8-807
Procedure for circulation of petition
Status: in_force

(a) (1) Each petition under this subchapter for an election to be held in a district that includes more than one (1) county shall be prepared and circulated in a petition part, and each petition part shall be an exact copy of all other such petition parts upon which signatures of petitioners are to be solicited. (2) When a sufficient number of petition parts are signed by a requisite number of qualified electors and are filed and duly certified by the county clerk, they shall be treated and considered as one (1) petition. (b) Each petition part shall have attached to it the affidavit of the canvasser stating that: (1) The canvasser's current residence address appearing on the verification is correct; (2) All signatures appearing on the petition part were made in the presence of the affiant; and (3) To the best of the affiant's knowledge and belief each signature is genuine and each person signing is a registered voter. (c) No petition part under this section shall contain signatures of petitioners from more than one (1) county. Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.

(a) (1) Each petition under this subchapter for an election to be held in a district that includes more than one (1) county shall be prepared and circulated in a petition part, and each petition part shall be an exact copy of all other such petition parts upon which signatures of petitioners are to be solicited. (2) When a sufficient number of petition parts are signed by a requisite number of qualified electors and are filed and duly certified by the county clerk, they shall be treated and considered as one (1) petition.

(1) Each petition under this subchapter for an election to be held in a district that includes more than one (1) county shall be prepared and circulated in a petition part, and each petition part shall be an exact copy of all other such petition parts upon which signatures of petitioners are to be solicited.

(2) When a sufficient number of petition parts are signed by a requisite number of qualified electors and are filed and duly certified by the county clerk, they shall be treated and considered as one (1) petition.

(b) Each petition part shall have attached to it the affidavit of the canvasser stating that: (1) The canvasser's current residence address appearing on the verification is correct; (2) All signatures appearing on the petition part were made in the presence of the affiant; and (3) To the best of the affiant's knowledge and belief each signature is genuine and each person signing is a registered voter.

(1) The canvasser's current residence address appearing on the verification is correct;

(2) All signatures appearing on the petition part were made in the presence of the affiant; and

(3) To the best of the affiant's knowledge and belief each signature is genuine and each person signing is a registered voter.

(c) No petition part under this section shall contain signatures of petitioners from more than one (1) county.

Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.
Ark. Code Ann. § 3-9-101 — AR Code / Title 3 / Chapter 9 / Subchapter 1 / Section 3-9-101
Nudity on premises prohibited - Penalty - Rules
Status: in_force

(a) No person who has received a permit under any law of the State of Arkansas for the sale or dispensing of alcoholic beverages for on-premises consumption shall suffer or permit any person to appear on the permitted premises in such manner or attire as to expose to view any portion of the pubic area, anus, vulva, or genitals or any simulation thereof, nor suffer or permit any female to appear on the premises in such manner or attire as to expose to view any portion of her breast below the top of the areola or any simulation thereof. (b) Any hotel-motel-restaurant mixed drink permittee or private club permittee violating this section shall be subject to the penalties prescribed in §§ 3-9-201 - 3-9-214 , 3-9-221 - 3-9-225 , and 3-9-232 - 3-9-237 for the violation of those sections. (c) The Alcoholic Beverage Control Board shall promulgate such rules as it deems necessary for the implementation of this section. Amended by Act 2019, No. 315,§ 95, eff. 7/24/2019. Acts 1985, No. 965, §§ 1, 2; A.S.A. 1947, §§ 48-956, 48-957.

(a) No person who has received a permit under any law of the State of Arkansas for the sale or dispensing of alcoholic beverages for on-premises consumption shall suffer or permit any person to appear on the permitted premises in such manner or attire as to expose to view any portion of the pubic area, anus, vulva, or genitals or any simulation thereof, nor suffer or permit any female to appear on the premises in such manner or attire as to expose to view any portion of her breast below the top of the areola or any simulation thereof.

(b) Any hotel-motel-restaurant mixed drink permittee or private club permittee violating this section shall be subject to the penalties prescribed in §§ 3-9-201 - 3-9-214 , 3-9-221 - 3-9-225 , and 3-9-232 - 3-9-237 for the violation of those sections.

(c) The Alcoholic Beverage Control Board shall promulgate such rules as it deems necessary for the implementation of this section.

Amended by Act 2019, No. 315,§ 95, eff. 7/24/2019.

Acts 1985, No. 965, §§ 1, 2; A.S.A. 1947, §§ 48-956, 48-957.
Ark. Code Ann. § 3-5-106 — AR Code / Title 3 / Chapter 5 / Subchapter 1 / Section 3-5-106
Cabins and cottages
Status: in_force

(a) For purposes of this section, "cabins and cottages" means corporations, partnerships, individuals, limited liability corporations, and other legal entities whose primary function is to provide overnight accommodations to the public, not exceeding a total of twenty (20) guest rooms on the premises, whether operated by the business owner or not. (b) Cabins and cottages are authorized to give a complimentary bottle of wine to their guests. Acts 2001, No. 1487, § 1.

(a) For purposes of this section, "cabins and cottages" means corporations, partnerships, individuals, limited liability corporations, and other legal entities whose primary function is to provide overnight accommodations to the public, not exceeding a total of twenty (20) guest rooms on the premises, whether operated by the business owner or not.

(b) Cabins and cottages are authorized to give a complimentary bottle of wine to their guests.

Acts 2001, No. 1487, § 1.
Ark. Code Ann. § 3-5-1307 — AR Code / Title 3 / Chapter 5 / Subchapter 13 / Section 3-5-1307
Wholesale dealers and distributors to import from nonresident seller permittees only
Status: in_force

(a) No wholesale dealer and distributor licensed under § 3-5-206 may purchase or order any malt beverage for importation into the state from any source other than one possessed of a nonresident seller's permit. (b) No such wholesale dealer and distributor may purchase or order any beer or malt liquor for importation into this state from any permittee whose permit has been revoked or suspended after such wholesaler has received notice of the revocation or suspension. Acts 1995, No. 537, § 7.

(a) No wholesale dealer and distributor licensed under § 3-5-206 may purchase or order any malt beverage for importation into the state from any source other than one possessed of a nonresident seller's permit.

(b) No such wholesale dealer and distributor may purchase or order any beer or malt liquor for importation into this state from any permittee whose permit has been revoked or suspended after such wholesaler has received notice of the revocation or suspension.

Acts 1995, No. 537, § 7.
Ark. Code Ann. § 3-4-208 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-208
Applications - Procedure for acceptance and determination
Status: in_force

(a) Applications for new permits will be accepted by the Alcoholic Beverage Control Division after the publication of new census figures if the applications are warranted within a county or subdivision thereof. (b) When it has been determined that new applications are appropriate, the division shall notify the public at large by legal notice that it will be accepting applications for a particular county or political subdivision thereof. (c) Applications will then be accepted from the affected area beginning thirty (30) days after the date of publication, and no applications will be accepted after ninety (90) days of the publication date. (d) All applications received from the affected area will then be processed and set for an Alcoholic Beverage Control Board meeting. The board meeting shall not be earlier than one hundred fifty (150) days after the publication of the legal notice specified in subsection (b) of this section, nor later than one hundred eighty (180) days after publication. (e) No later than fifteen (15) days prior to the hearing, each applicant for a new permit or his or her agent will be allowed to draw a number between one (1) and a number equal to the number of applicants having filed. The drawing will be conducted by the Director of the Alcoholic Beverage Control Division. Position numbers may not be assigned or transferred. (f) At the meeting the applications will be heard in order of the numbers drawn. There will only be as many applications heard as will equal the number of new permits allowed in the county or subdivision thereof. (g) (1) If the board finds that an applicant is qualified and that his or her proposed premises meet the public convenience and advantage of the area in question, then in that event the application will be approved. (2) No permit will issue earlier than thirty (30) days subsequent to the determination or until such time as the board determines it is necessary for final adjudication in the Arkansas courts, of any appeals arising out of such determinations, whichever is longer. (h) If the board has denied an application and the decision is not appealed or is upheld on appeal, then additional hearings will be held according to numbers already assigned in accordance with this section. (i) There shall be an initial application fee of two thousand dollars ($2,000). In the event an applicant is not successful in his or her application, one thousand dollars ($1,000) of that sum shall be refunded. (j) The annual permit renewal fee for permits authorized by this section and §§ 3-4-201 and 3-4-202 will be the same as the renewal fee provided by § 3-4-604 and § 3-7-111(a)(1)(D) , or any subsequent amendments thereto. (k) The provisions of this section shall apply only to applications for permits to dispense vinous (except wines), spirituous, or malt liquor filed with the board after July 4, 1983. 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.

(a) Applications for new permits will be accepted by the Alcoholic Beverage Control Division after the publication of new census figures if the applications are warranted within a county or subdivision thereof.

(b) When it has been determined that new applications are appropriate, the division shall notify the public at large by legal notice that it will be accepting applications for a particular county or political subdivision thereof.

(c) Applications will then be accepted from the affected area beginning thirty (30) days after the date of publication, and no applications will be accepted after ninety (90) days of the publication date.

(d) All applications received from the affected area will then be processed and set for an Alcoholic Beverage Control Board meeting. The board meeting shall not be earlier than one hundred fifty (150) days after the publication of the legal notice specified in subsection (b) of this section, nor later than one hundred eighty (180) days after publication.

(e) No later than fifteen (15) days prior to the hearing, each applicant for a new permit or his or her agent will be allowed to draw a number between one (1) and a number equal to the number of applicants having filed. The drawing will be conducted by the Director of the Alcoholic Beverage Control Division. Position numbers may not be assigned or transferred.

(f) At the meeting the applications will be heard in order of the numbers drawn. There will only be as many applications heard as will equal the number of new permits allowed in the county or subdivision thereof.

(g) (1) If the board finds that an applicant is qualified and that his or her proposed premises meet the public convenience and advantage of the area in question, then in that event the application will be approved. (2) No permit will issue earlier than thirty (30) days subsequent to the determination or until such time as the board determines it is necessary for final adjudication in the Arkansas courts, of any appeals arising out of such determinations, whichever is longer.

(1) If the board finds that an applicant is qualified and that his or her proposed premises meet the public convenience and advantage of the area in question, then in that event the application will be approved.

(2) No permit will issue earlier than thirty (30) days subsequent to the determination or until such time as the board determines it is necessary for final adjudication in the Arkansas courts, of any appeals arising out of such determinations, whichever is longer.

(h) If the board has denied an application and the decision is not appealed or is upheld on appeal, then additional hearings will be held according to numbers already assigned in accordance with this section.

(i) There shall be an initial application fee of two thousand dollars ($2,000). In the event an applicant is not successful in his or her application, one thousand dollars ($1,000) of that sum shall be refunded.

(j) The annual permit renewal fee for permits authorized by this section and §§ 3-4-201 and 3-4-202 will be the same as the renewal fee provided by § 3-4-604 and § 3-7-111(a)(1)(D) , or any subsequent amendments thereto.

(k) The provisions of this section shall apply only to applications for permits to dispense vinous (except wines), spirituous, or malt liquor filed with the board after July 4, 1983.

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.
Ark. Code Ann. § 3-5-1504 — AR Code / Title 3 / Chapter 5 / Subchapter 15 / Section 3-5-1504
Origination of wine to be auctioned
Status: in_force

(a) The wine to be auctioned shall be obtained by: (1) Donation from any person or an out-of-state winery, if the laws of the out-of-state winery allow the donation; (2) Donation or purchase from a licensed winery within the state; or (3) Donation or purchase from a licensed Arkansas wholesaler. (b) If wine to be auctioned is obtained as provided in this subchapter, the provisions of § 3-3-216 shall not apply to any person who, for purposes of sale of the wine at a charitable auction: (1) Ships or transports the wine into Arkansas; (2) Stores or possesses the wine in Arkansas; or (3) Purchases the wine at a charitable auction as provided for in this subchapter. Acts 2005, No. 1157, § 1.

(a) The wine to be auctioned shall be obtained by: (1) Donation from any person or an out-of-state winery, if the laws of the out-of-state winery allow the donation; (2) Donation or purchase from a licensed winery within the state; or (3) Donation or purchase from a licensed Arkansas wholesaler.

(1) Donation from any person or an out-of-state winery, if the laws of the out-of-state winery allow the donation;

(2) Donation or purchase from a licensed winery within the state; or

(3) Donation or purchase from a licensed Arkansas wholesaler.

(b) If wine to be auctioned is obtained as provided in this subchapter, the provisions of § 3-3-216 shall not apply to any person who, for purposes of sale of the wine at a charitable auction: (1) Ships or transports the wine into Arkansas; (2) Stores or possesses the wine in Arkansas; or (3) Purchases the wine at a charitable auction as provided for in this subchapter.

(1) Ships or transports the wine into Arkansas;

(2) Stores or possesses the wine in Arkansas; or

(3) Purchases the wine at a charitable auction as provided for in this subchapter.

Acts 2005, No. 1157, § 1.
Ark. Code Ann. § 3-4-221 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-221
Transfer of permitted location
Status: in_force

The Alcoholic Beverage Control Board shall not authorize the transfer of a permit to dispense vinous (except small farm wines), spirituous, or malt liquor from one location to another location within a city or town located within a county having a population of two hundred thousand (200,000) or more persons, according to the most recent federal decennial census, if the transfer of the permit to a location in the city or town will result in there being more than one (1) permitted location in the city or town for every seven thousand five hundred (7,500) population in the city or town, according to the most recent federal decennial census. Amended by Act 2019, No. 571,§ 2, eff. 7/24/2019. Amended by Act 2013, No. 1068,§ 2, eff. 8/16/2013. Acts 1995, No. 861, § 1.

The Alcoholic Beverage Control Board shall not authorize the transfer of a permit to dispense vinous (except small farm wines), spirituous, or malt liquor from one location to another location within a city or town located within a county having a population of two hundred thousand (200,000) or more persons, according to the most recent federal decennial census, if the transfer of the permit to a location in the city or town will result in there being more than one (1) permitted location in the city or town for every seven thousand five hundred (7,500) population in the city or town, according to the most recent federal decennial census.

Amended by Act 2019, No. 571,§ 2, eff. 7/24/2019.

Amended by Act 2013, No. 1068,§ 2, eff. 8/16/2013.

Acts 1995, No. 861, § 1.
Ark. Code Ann. § 3-3-211 — AR Code / Title 3 / Chapter 3 / Subchapter 2 / Section 3-3-211
Sales on Christmas Day
Status: in_force

(a) It shall be unlawful to sell intoxicating liquors on Christmas Day. (b) Any person who shall sell intoxicating alcoholic liquors on Christmas Day shall be guilty of a Class B misdemeanor. Acts 1949, No. 266, §§ 1, 2; A.S.A. 1947, §§ 48-950, 48-951; Acts 2005, No. 1994, § 367.

(a) It shall be unlawful to sell intoxicating liquors on Christmas Day.

(b) Any person who shall sell intoxicating alcoholic liquors on Christmas Day shall be guilty of a Class B misdemeanor.

Acts 1949, No. 266, §§ 1, 2; A.S.A. 1947, §§ 48-950, 48-951; Acts 2005, No. 1994, § 367.
Ark. Code Ann. § 3-5-217 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-217
Transportation of products
Status: in_force

(a) (1) It shall be lawful to transport the products defined in § 3-5-202 if the tax upon the products has been paid. (2) It shall be lawful for any brewery in the State of Arkansas to transport and ship beer out of state by common carrier or other appropriate parcel delivery service and for common carriers and other appropriate parcel delivery services to accept beer from Arkansas breweries for delivery outside the State of Arkansas to business entities licensed and qualified in the other states. (b) It shall be unlawful to transport into, out of, or within this state any light wines or beer upon which the state tax prescribed by this subchapter has not been paid except: (1) Where light wines or beer, having first been ordered by or sold to a distributor within this state, is being shipped in due course of business from a brewer, manufacturer, dealer, or distributor without this state to a bonded distributor within this state; or (2) Unless the shipment is in interstate commerce and is passing from a point of origin outside of this state through this state into another state. (c) The transportation of such liquor into or within this state in all cases shall be under such rules as may be regularly prescribed. Amended by Act 2019, No. 315,§ 64, eff. 7/24/2019. Acts 1933 (1st Ex. Sess.), No. 7, §§ 1-A, 9; Pope's Dig., §§ 14193, 14201; A.S.A. 1947, §§ 48-502, 48-510; Acts 1997, No. 1061, § 2.

(a) (1) It shall be lawful to transport the products defined in § 3-5-202 if the tax upon the products has been paid. (2) It shall be lawful for any brewery in the State of Arkansas to transport and ship beer out of state by common carrier or other appropriate parcel delivery service and for common carriers and other appropriate parcel delivery services to accept beer from Arkansas breweries for delivery outside the State of Arkansas to business entities licensed and qualified in the other states.

(1) It shall be lawful to transport the products defined in § 3-5-202 if the tax upon the products has been paid.

(2) It shall be lawful for any brewery in the State of Arkansas to transport and ship beer out of state by common carrier or other appropriate parcel delivery service and for common carriers and other appropriate parcel delivery services to accept beer from Arkansas breweries for delivery outside the State of Arkansas to business entities licensed and qualified in the other states.

(b) It shall be unlawful to transport into, out of, or within this state any light wines or beer upon which the state tax prescribed by this subchapter has not been paid except: (1) Where light wines or beer, having first been ordered by or sold to a distributor within this state, is being shipped in due course of business from a brewer, manufacturer, dealer, or distributor without this state to a bonded distributor within this state; or (2) Unless the shipment is in interstate commerce and is passing from a point of origin outside of this state through this state into another state.

(1) Where light wines or beer, having first been ordered by or sold to a distributor within this state, is being shipped in due course of business from a brewer, manufacturer, dealer, or distributor without this state to a bonded distributor within this state; or

(2) Unless the shipment is in interstate commerce and is passing from a point of origin outside of this state through this state into another state.

(c) The transportation of such liquor into or within this state in all cases shall be under such rules as may be regularly prescribed.

Amended by Act 2019, No. 315,§ 64, eff. 7/24/2019.

Acts 1933 (1st Ex. Sess.), No. 7, §§ 1-A, 9; Pope's Dig., §§ 14193, 14201; A.S.A. 1947, §§ 48-502, 48-510; Acts 1997, No. 1061, § 2.
Ark. Code Ann. § 3-5-1403 — AR Code / Title 3 / Chapter 5 / Subchapter 14 / Section 3-5-1403
Definitions
Status: in_force

As used in this subchapter: (1) "Barrel" means thirty-one gallons (31 gals.); (2) "Beer" means any fermented liquor made from malt or any substitute having an alcoholic content of not more than five percent (5%) by weight; (3) "Brewery" means a small brewery or contract brewing company; (4) "Contract brewing company" means any licensed brewery that hires another company to produce a portion of its beer, malt beverage, or hard cider; (5) "Front-of-house employee" means an employee of a small brewery not involved in the production or transportation of brewery beer or wholesale activities of the brewery, including without limitation: (A) A bartender; (B) A host; (C) Kitchen staff; (D) Janitorial staff; and (E) Servers; (6) "Hard cider" means liquor brewed from the fermented juices of fruit and containing more than three percent (3%) and not more than twenty-one percent (21%) alcohol by weight; (7) "Malt beverage" means any liquor brewed from the fermented juices of grain and having an alcoholic content of no less than five percent (5%) nor more than twenty-one percent (21%) by weight; (8) "Person" means any natural person, partnership, association, or corporation; (9) "Restaurant" means a public or private place that: (A) Is kept, used, maintained, advertised, and held out to the public or to a private or restricted membership as a place where complete meals are actually and regularly served; (B) Provides adequate and sanitary kitchen and dining equipment; (C) Has a seating capacity of at least fifty (50) persons; (D) Employs a sufficient number and variety of employees to prepare, cook, and serve suitable food for its guests or members; (E) Serves at least one (1) meal per day; and (F) Is open a minimum of five (5) days per week, with the exception of holidays, vacations, and periods of redecorating; (10) (A) "Small brewery" means any licensed facility located in Arkansas that manufactures fewer than forty-five thousand (45,000) barrels of beer, malt beverage, and hard cider per year for sale or consumption. (B) "Small brewery" does not include a microbrewery-restaurant; and (11) "Small brewery tap room" means a small brewery off-premises retail site located in a wet territory holding a small brewery license. Amended by Act 2017, No. 950,§ 3, eff. 8/1/2017. Amended by Act 2015, No. 1237,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 857,§ 8, eff. 3/31/2015. Acts 2003, No. 1805, § 3; 2009, No. 1459, § 1.

As used in this subchapter:

(1) "Barrel" means thirty-one gallons (31 gals.);

(2) "Beer" means any fermented liquor made from malt or any substitute having an alcoholic content of not more than five percent (5%) by weight;

(3) "Brewery" means a small brewery or contract brewing company;

(4) "Contract brewing company" means any licensed brewery that hires another company to produce a portion of its beer, malt beverage, or hard cider;

(5) "Front-of-house employee" means an employee of a small brewery not involved in the production or transportation of brewery beer or wholesale activities of the brewery, including without limitation: (A) A bartender; (B) A host; (C) Kitchen staff; (D) Janitorial staff; and (E) Servers;

(A) A bartender;

(B) A host;

(C) Kitchen staff;

(D) Janitorial staff; and

(E) Servers;

(6) "Hard cider" means liquor brewed from the fermented juices of fruit and containing more than three percent (3%) and not more than twenty-one percent (21%) alcohol by weight;

(7) "Malt beverage" means any liquor brewed from the fermented juices of grain and having an alcoholic content of no less than five percent (5%) nor more than twenty-one percent (21%) by weight;

(8) "Person" means any natural person, partnership, association, or corporation;

(9) "Restaurant" means a public or private place that: (A) Is kept, used, maintained, advertised, and held out to the public or to a private or restricted membership as a place where complete meals are actually and regularly served; (B) Provides adequate and sanitary kitchen and dining equipment; (C) Has a seating capacity of at least fifty (50) persons; (D) Employs a sufficient number and variety of employees to prepare, cook, and serve suitable food for its guests or members; (E) Serves at least one (1) meal per day; and (F) Is open a minimum of five (5) days per week, with the exception of holidays, vacations, and periods of redecorating;

(A) Is kept, used, maintained, advertised, and held out to the public or to a private or restricted membership as a place where complete meals are actually and regularly served;

(B) Provides adequate and sanitary kitchen and dining equipment;

(C) Has a seating capacity of at least fifty (50) persons;

(D) Employs a sufficient number and variety of employees to prepare, cook, and serve suitable food for its guests or members;

(E) Serves at least one (1) meal per day; and

(F) Is open a minimum of five (5) days per week, with the exception of holidays, vacations, and periods of redecorating;

(10) (A) "Small brewery" means any licensed facility located in Arkansas that manufactures fewer than forty-five thousand (45,000) barrels of beer, malt beverage, and hard cider per year for sale or consumption. (B) "Small brewery" does not include a microbrewery-restaurant; and

(A) "Small brewery" means any licensed facility located in Arkansas that manufactures fewer than forty-five thousand (45,000) barrels of beer, malt beverage, and hard cider per year for sale or consumption.

(B) "Small brewery" does not include a microbrewery-restaurant; and

(11) "Small brewery tap room" means a small brewery off-premises retail site located in a wet territory holding a small brewery license.

Amended by Act 2017, No. 950,§ 3, eff. 8/1/2017.

Amended by Act 2015, No. 1237,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 857,§ 8, eff. 3/31/2015.

Acts 2003, No. 1805, § 3; 2009, No. 1459, § 1.
Ark. Code Ann. § 3-5-1502 — AR Code / Title 3 / Chapter 5 / Subchapter 15 / Section 3-5-1502
Authorized location of auction
Status: in_force

(a) The holder of a temporary wine charitable auction permit may conduct an auction in any area of the State of Arkansas where the sale of the wine is authorized. (b) The holder of a permit may conduct an auction at a premises of another on-premises permit that is licensed to sell or dispense the wine if: (1) The wine to be auctioned is kept separate from the wine sold, stored, or served at the permitted premises; and (2) The wine, whether sold or unsold, is removed from the premises immediately following the auction. Acts 2005, No. 1157, § 1.

(a) The holder of a temporary wine charitable auction permit may conduct an auction in any area of the State of Arkansas where the sale of the wine is authorized.

(b) The holder of a permit may conduct an auction at a premises of another on-premises permit that is licensed to sell or dispense the wine if: (1) The wine to be auctioned is kept separate from the wine sold, stored, or served at the permitted premises; and (2) The wine, whether sold or unsold, is removed from the premises immediately following the auction.

(1) The wine to be auctioned is kept separate from the wine sold, stored, or served at the permitted premises; and

(2) The wine, whether sold or unsold, is removed from the premises immediately following the auction.

Acts 2005, No. 1157, § 1.
Ark. Code Ann. § 3-7-106 — AR Code / Title 3 / Chapter 7 / Subchapter 1 / Section 3-7-106
Shipping permits
Status: in_force

(a) (1) It shall be unlawful for any person to ship or transport or cause to be shipped or transported into the State of Arkansas any spirituous liquors, vinous liquors, wines other than Arkansas wines, or beer or malt beverages from points without the state without first having obtained a permit from the Director of the Alcoholic Beverage Control Division. (2) A railroad company, express company, or bonded truck company or truck line operating under a certificate or permit issued by the Arkansas Department of Transportation, or a river transportation company shall not receive for shipment or ship into this state any package or receptacle containing distilled spirits unless a copy of the permit showing that payment of the taxes required by law has been made accompanies the shipment. (3) The permit shall be in such form as may be prescribed by the director, and all such shipments into the state shall be governed by such rules as may be promulgated by the director. (4) However, the railroad or express company or river transportation company shall not be required to obtain any permit to transport distilled spirits but shall be subject to all rules promulgated by the director. (b) (1) It shall be unlawful for any person who is permitted by law to manufacture, sell, or transport spirituous liquors, vinous liquors, wines other than Arkansas wines, or beer or malt beverages to transport or cause spirituous liquors, vinous liquors, wines other than Arkansas wines, or beer or malt beverages to be transported by any means of transportation except as may be prescribed by the rules of the director. (2) However, spirits may be transported by truck or wagon from and to freight or express depots, to and from the place or places of business of the permittees and upon the premises of the permittees, from and to one (1) place of business to another place of business of the permittee, provided that the owner of trucks or wagons transporting distilled liquor as aforesaid, excepting trucks and wagons owned and operated by a railroad or express company, or bonded truck company or truck line operating under a certificate or permit issued by the Arkansas Department of Transportation, or a river transportation company, or by the person permitted by law to manufacture, sell, or transport spirituous liquors, vinous liquors, wines other than Arkansas wines, or beer or malt beverages shall procure a permit to engage in transportation and shall execute a bond satisfactory in amount, form, and as to surety, to be approved by the director, conditioned upon the lawful transportation of spirituous liquors, vinous liquors, wines other than Arkansas wines, or beer or malt beverages. Amended by Act 2019, No. 315,§ 86, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 85, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 707,§ 1, eff. 8/1/2017. Acts 1935, No. 109, § 5; Pope's Dig., § 14177; Acts 1941, No. 356, § 5; A.S.A. 1947, § 48-404.

(a) (1) It shall be unlawful for any person to ship or transport or cause to be shipped or transported into the State of Arkansas any spirituous liquors, vinous liquors, wines other than Arkansas wines, or beer or malt beverages from points without the state without first having obtained a permit from the Director of the Alcoholic Beverage Control Division. (2) A railroad company, express company, or bonded truck company or truck line operating under a certificate or permit issued by the Arkansas Department of Transportation, or a river transportation company shall not receive for shipment or ship into this state any package or receptacle containing distilled spirits unless a copy of the permit showing that payment of the taxes required by law has been made accompanies the shipment. (3) The permit shall be in such form as may be prescribed by the director, and all such shipments into the state shall be governed by such rules as may be promulgated by the director. (4) However, the railroad or express company or river transportation company shall not be required to obtain any permit to transport distilled spirits but shall be subject to all rules promulgated by the director.

(1) It shall be unlawful for any person to ship or transport or cause to be shipped or transported into the State of Arkansas any spirituous liquors, vinous liquors, wines other than Arkansas wines, or beer or malt beverages from points without the state without first having obtained a permit from the Director of the Alcoholic Beverage Control Division.

(2) A railroad company, express company, or bonded truck company or truck line operating under a certificate or permit issued by the Arkansas Department of Transportation, or a river transportation company shall not receive for shipment or ship into this state any package or receptacle containing distilled spirits unless a copy of the permit showing that payment of the taxes required by law has been made accompanies the shipment.

(3) The permit shall be in such form as may be prescribed by the director, and all such shipments into the state shall be governed by such rules as may be promulgated by the director.

(4) However, the railroad or express company or river transportation company shall not be required to obtain any permit to transport distilled spirits but shall be subject to all rules promulgated by the director.

(b) (1) It shall be unlawful for any person who is permitted by law to manufacture, sell, or transport spirituous liquors, vinous liquors, wines other than Arkansas wines, or beer or malt beverages to transport or cause spirituous liquors, vinous liquors, wines other than Arkansas wines, or beer or malt beverages to be transported by any means of transportation except as may be prescribed by the rules of the director. (2) However, spirits may be transported by truck or wagon from and to freight or express depots, to and from the place or places of business of the permittees and upon the premises of the permittees, from and to one (1) place of business to another place of business of the permittee, provided that the owner of trucks or wagons transporting distilled liquor as aforesaid, excepting trucks and wagons owned and operated by a railroad or express company, or bonded truck company or truck line operating under a certificate or permit issued by the Arkansas Department of Transportation, or a river transportation company, or by the person permitted by law to manufacture, sell, or transport spirituous liquors, vinous liquors, wines other than Arkansas wines, or beer or malt beverages shall procure a permit to engage in transportation and shall execute a bond satisfactory in amount, form, and as to surety, to be approved by the director, conditioned upon the lawful transportation of spirituous liquors, vinous liquors, wines other than Arkansas wines, or beer or malt beverages.

(1) It shall be unlawful for any person who is permitted by law to manufacture, sell, or transport spirituous liquors, vinous liquors, wines other than Arkansas wines, or beer or malt beverages to transport or cause spirituous liquors, vinous liquors, wines other than Arkansas wines, or beer or malt beverages to be transported by any means of transportation except as may be prescribed by the rules of the director.

(2) However, spirits may be transported by truck or wagon from and to freight or express depots, to and from the place or places of business of the permittees and upon the premises of the permittees, from and to one (1) place of business to another place of business of the permittee, provided that the owner of trucks or wagons transporting distilled liquor as aforesaid, excepting trucks and wagons owned and operated by a railroad or express company, or bonded truck company or truck line operating under a certificate or permit issued by the Arkansas Department of Transportation, or a river transportation company, or by the person permitted by law to manufacture, sell, or transport spirituous liquors, vinous liquors, wines other than Arkansas wines, or beer or malt beverages shall procure a permit to engage in transportation and shall execute a bond satisfactory in amount, form, and as to surety, to be approved by the director, conditioned upon the lawful transportation of spirituous liquors, vinous liquors, wines other than Arkansas wines, or beer or malt beverages.

Amended by Act 2019, No. 315,§ 86, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 85, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 707,§ 1, eff. 8/1/2017.

Acts 1935, No. 109, § 5; Pope's Dig., § 14177; Acts 1941, No. 356, § 5; A.S.A. 1947, § 48-404.
Ark. Code Ann. § 3-8-715 — AR Code / Title 3 / Chapter 8 / Subchapter 7 / Section 3-8-715
Penalty
Status: in_force

Upon conviction, any person who knowingly fails to comply with this subchapter shall be fined an amount not to exceed one thousand dollars ($1,000) or be imprisoned for not more than one (1) year, or both. Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.

Upon conviction, any person who knowingly fails to comply with this subchapter shall be fined an amount not to exceed one thousand dollars ($1,000) or be imprisoned for not more than one (1) year, or both.

Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 3-2-201 — AR Code / Title 3 / Chapter 2 / Subchapter 2 / Section 3-2-201
Alcoholic Beverage Control Board
Status: in_force

(a) There is created an Alcoholic Beverage Control Board. (b) The board shall consist of five (5) persons appointed by the Governor, subject to confirmation by the Senate, for a term of six (6) years. (c) The Chair of the Alcoholic Beverage Control Board shall be designated by the Governor and may be removed as chair at any time by the Governor. (d) All action by the board shall be by a majority vote of the full membership of the board. (e) The board shall take no official action in connection with any matter except at a regular or special meeting in the office of the board at Little Rock, Arkansas. (f) The board is charged with the management of the Alcoholic Beverage Control Division. (g) [Repealed.] (h) [Repealed.] (i) The members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Amended by Act 2021, No. 788,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 32, eff. 7/24/2019. Acts 1953, No. 109, § 2; 1955, No. 113, §§ 2, 3; 1971, No. 343, § 1; 1981, No. 45, § 9; 1981, No. 790, § 8; A.S.A. 1947, §§ 48-1302.1 -- 48-1302.3, 48-1314.2, 48-1317.1; Acts 1997, No. 250, § 10.

(a) There is created an Alcoholic Beverage Control Board.

(b) The board shall consist of five (5) persons appointed by the Governor, subject to confirmation by the Senate, for a term of six (6) years.

(c) The Chair of the Alcoholic Beverage Control Board shall be designated by the Governor and may be removed as chair at any time by the Governor.

(d) All action by the board shall be by a majority vote of the full membership of the board.

(e) The board shall take no official action in connection with any matter except at a regular or special meeting in the office of the board at Little Rock, Arkansas.

(f) The board is charged with the management of the Alcoholic Beverage Control Division.

(g) [Repealed.]

(h) [Repealed.]

(i) The members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

Amended by Act 2021, No. 788,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 32, eff. 7/24/2019.

Acts 1953, No. 109, § 2; 1955, No. 113, §§ 2, 3; 1971, No. 343, § 1; 1981, No. 45, § 9; 1981, No. 790, § 8; A.S.A. 1947, §§ 48-1302.1 -- 48-1302.3, 48-1314.2, 48-1317.1; Acts 1997, No. 250, § 10.
Ark. Code Ann. § 3-5-701 — AR Code / Title 3 / Chapter 5 / Subchapter 7 / Section 3-5-701
Creation - Members
Status: in_force

(a) (1) There is created the Arkansas Wine Producers Council to be composed of seven (7) members. (2) (A) Four (4) members of the council shall be selected from the state at large, appointed by the Governor, and confirmed by the Senate. (B) The Governor shall consult the Arkansas Wine Producers Association and the Arkansas State Horticultural Society before making an appointment under subdivision (a)(2)(A) of this section. (3) One (1) member of the council shall be designated by the Board of Trustees of the University of Arkansas and shall be a faculty member or administrator who is knowledgeable in viniculture. (4) One (1) member shall be designated by the State Parks, Recreation, and Travel Commission, and the member shall be either a member or employee of the commission. (b) All successor members shall be appointed or designated for terms of three (3) years. Amended by Act 2015, No. 1100,§ 1, eff. 7/22/2015. Acts 1983, No. 912, § 1; A.S.A. 1947, § 48-649.

(a) (1) There is created the Arkansas Wine Producers Council to be composed of seven (7) members. (2) (A) Four (4) members of the council shall be selected from the state at large, appointed by the Governor, and confirmed by the Senate. (B) The Governor shall consult the Arkansas Wine Producers Association and the Arkansas State Horticultural Society before making an appointment under subdivision (a)(2)(A) of this section. (3) One (1) member of the council shall be designated by the Board of Trustees of the University of Arkansas and shall be a faculty member or administrator who is knowledgeable in viniculture. (4) One (1) member shall be designated by the State Parks, Recreation, and Travel Commission, and the member shall be either a member or employee of the commission.

(1) There is created the Arkansas Wine Producers Council to be composed of seven (7) members.

(2) (A) Four (4) members of the council shall be selected from the state at large, appointed by the Governor, and confirmed by the Senate. (B) The Governor shall consult the Arkansas Wine Producers Association and the Arkansas State Horticultural Society before making an appointment under subdivision (a)(2)(A) of this section.

(A) Four (4) members of the council shall be selected from the state at large, appointed by the Governor, and confirmed by the Senate.

(B) The Governor shall consult the Arkansas Wine Producers Association and the Arkansas State Horticultural Society before making an appointment under subdivision (a)(2)(A) of this section.

(3) One (1) member of the council shall be designated by the Board of Trustees of the University of Arkansas and shall be a faculty member or administrator who is knowledgeable in viniculture.

(4) One (1) member shall be designated by the State Parks, Recreation, and Travel Commission, and the member shall be either a member or employee of the commission.

(b) All successor members shall be appointed or designated for terms of three (3) years.

Amended by Act 2015, No. 1100,§ 1, eff. 7/22/2015.

Acts 1983, No. 912, § 1; A.S.A. 1947, § 48-649.
Ark. Code Ann. § 3-2-409 — AR Code / Title 3 / Chapter 2 / Subchapter 4 / Section 3-2-409
Beer, malt products, or light wine
Status: in_force

(a) (1) Every manufacturer or importer of beer or other malt products or light wine doing business in the State of Arkansas shall submit to the Alcoholic Beverage Control Division one (1) label for each brand of beer or malt product or light wine to be shipped for the first time into or within the state and shall designate within the application for registration any number of wholesalers in the state, each of whom shall be the exclusive distributor of such brand within the geographical territory assigned by the manufacturer or importer to such wholesaler. (2) A wholesaler of beer and light wine may sell: (A) Ready-to-drink products containing spirituous liquor with a final finished product of no greater than fifteen percent (15%) alcohol by weight; and (B) Malt liquor. (b) Transfers of brands of malt products or light wine or changes in geographical distribution areas assigned shall not be subject to the provisions set out above for spirituous or vinous products so long as any such manufacturer or importer has complied with the filing provisions of applicable law. (c) This section does not create a dual distributorship. (d) The division shall promulgate rules regarding the distribution of ready-to-drink products containing spirituous liquor with a final finished product of no greater than fifteen percent (15%) alcohol by weight and malt liquor. Amended by Act 2021, No. 578,§ 2, eff. 7/28/2021. Acts 1991, No. 260, § 8.

(a) (1) Every manufacturer or importer of beer or other malt products or light wine doing business in the State of Arkansas shall submit to the Alcoholic Beverage Control Division one (1) label for each brand of beer or malt product or light wine to be shipped for the first time into or within the state and shall designate within the application for registration any number of wholesalers in the state, each of whom shall be the exclusive distributor of such brand within the geographical territory assigned by the manufacturer or importer to such wholesaler. (2) A wholesaler of beer and light wine may sell: (A) Ready-to-drink products containing spirituous liquor with a final finished product of no greater than fifteen percent (15%) alcohol by weight; and (B) Malt liquor.

(1) Every manufacturer or importer of beer or other malt products or light wine doing business in the State of Arkansas shall submit to the Alcoholic Beverage Control Division one (1) label for each brand of beer or malt product or light wine to be shipped for the first time into or within the state and shall designate within the application for registration any number of wholesalers in the state, each of whom shall be the exclusive distributor of such brand within the geographical territory assigned by the manufacturer or importer to such wholesaler.

(2) A wholesaler of beer and light wine may sell: (A) Ready-to-drink products containing spirituous liquor with a final finished product of no greater than fifteen percent (15%) alcohol by weight; and (B) Malt liquor.

(A) Ready-to-drink products containing spirituous liquor with a final finished product of no greater than fifteen percent (15%) alcohol by weight; and

(B) Malt liquor.

(b) Transfers of brands of malt products or light wine or changes in geographical distribution areas assigned shall not be subject to the provisions set out above for spirituous or vinous products so long as any such manufacturer or importer has complied with the filing provisions of applicable law.

(c) This section does not create a dual distributorship.

(d) The division shall promulgate rules regarding the distribution of ready-to-drink products containing spirituous liquor with a final finished product of no greater than fifteen percent (15%) alcohol by weight and malt liquor.

Amended by Act 2021, No. 578,§ 2, eff. 7/28/2021.

Acts 1991, No. 260, § 8.
Ark. Code Ann. § 3-5-1907 — AR Code / Title 3 / Chapter 5 / Subchapter 19 / Section 3-5-1907
Microbrewery-restaurant private clubs - Reapplication for permit
Status: in_force

(a) An entity that is denied upon application to the Director of the Alcoholic Beverage Control Division for a permit to operate as a microbrewery-restaurant private club in a dry territory may reapply by following the procedures stated in § 3-5-1903 and the additional procedures provided for in subsection (b) of this section. (b) (1) If the applicant is reapplying within two (2) years from the date an application was denied by the director, the application shall be accompanied by certification from the county clerk of the county in which the microbrewery-restaurant private club is to be located certifying that the applicant obtained signatures from at least twenty-five percent (25%) of the registered voters in the county. (2) The application under this section shall be filed no later than twenty (20) days from the date that the county clerk certifies the petition. (3) The petition on which the signatures are obtained under this section shall state clearly that the purpose of the petition is to obtain an alcoholic beverage permit for a microbrewery-restaurant private club and to serve alcoholic beverages to members. (4) The person obtaining signatures shall verify the signatures by affidavit that shall be filed with the county clerk at the time of filing the petition for certification. Added by Act 2019, No. 681,§ 1, eff. 7/24/2019.

(a) An entity that is denied upon application to the Director of the Alcoholic Beverage Control Division for a permit to operate as a microbrewery-restaurant private club in a dry territory may reapply by following the procedures stated in § 3-5-1903 and the additional procedures provided for in subsection (b) of this section.

(b) (1) If the applicant is reapplying within two (2) years from the date an application was denied by the director, the application shall be accompanied by certification from the county clerk of the county in which the microbrewery-restaurant private club is to be located certifying that the applicant obtained signatures from at least twenty-five percent (25%) of the registered voters in the county. (2) The application under this section shall be filed no later than twenty (20) days from the date that the county clerk certifies the petition. (3) The petition on which the signatures are obtained under this section shall state clearly that the purpose of the petition is to obtain an alcoholic beverage permit for a microbrewery-restaurant private club and to serve alcoholic beverages to members. (4) The person obtaining signatures shall verify the signatures by affidavit that shall be filed with the county clerk at the time of filing the petition for certification.

(1) If the applicant is reapplying within two (2) years from the date an application was denied by the director, the application shall be accompanied by certification from the county clerk of the county in which the microbrewery-restaurant private club is to be located certifying that the applicant obtained signatures from at least twenty-five percent (25%) of the registered voters in the county.

(2) The application under this section shall be filed no later than twenty (20) days from the date that the county clerk certifies the petition.

(3) The petition on which the signatures are obtained under this section shall state clearly that the purpose of the petition is to obtain an alcoholic beverage permit for a microbrewery-restaurant private club and to serve alcoholic beverages to members.

(4) The person obtaining signatures shall verify the signatures by affidavit that shall be filed with the county clerk at the time of filing the petition for certification.

Added by Act 2019, No. 681,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 3-5-1007 — AR Code / Title 3 / Chapter 5 / Subchapter 10 / Section 3-5-1007
Establishment of Arkansas Wine Grape, Berry, Fruit, and Vegetable Subsidy Fund
Status: in_force

(a) In order to provide moneys to be used in paying the subsidies to Arkansas grape, berry, fruit, and vegetable producers whose production is sold to wineries in this state for making wine, the Secretary of the Department of Finance and Administration is authorized and directed to cause to be set aside in the State Treasury an amount of sixty-nine cents (69¢) for each seventy-five cents (75¢) gallonage tax collected on wines produced by wineries in this state from grapes, berries, fruits, or vegetables used in the production of wines in this state. (b) The amounts to be set aside shall be certified to the Treasurer of State during each period of settlement with the Treasurer of State on wine gallonage taxes collected from wineries in this state. The funds shall be deposited in a fund within the State Treasury to be known as the "Arkansas Wine Grape, Berry, Fruit, and Vegetable Subsidy Fund". The fund shall be used exclusively for payment of subsidies to Arkansas wineries with respect to purchases of grapes, berries, fruits, and vegetables produced in this state used in the production of wine in this state. Amended by Act 2019, No. 910,§ 3323, eff. 7/1/2019. Acts 1975, No. 679, § 5; A.S.A. 1947, § 48-641.

(a) In order to provide moneys to be used in paying the subsidies to Arkansas grape, berry, fruit, and vegetable producers whose production is sold to wineries in this state for making wine, the Secretary of the Department of Finance and Administration is authorized and directed to cause to be set aside in the State Treasury an amount of sixty-nine cents (69¢) for each seventy-five cents (75¢) gallonage tax collected on wines produced by wineries in this state from grapes, berries, fruits, or vegetables used in the production of wines in this state.

(b) The amounts to be set aside shall be certified to the Treasurer of State during each period of settlement with the Treasurer of State on wine gallonage taxes collected from wineries in this state. The funds shall be deposited in a fund within the State Treasury to be known as the "Arkansas Wine Grape, Berry, Fruit, and Vegetable Subsidy Fund". The fund shall be used exclusively for payment of subsidies to Arkansas wineries with respect to purchases of grapes, berries, fruits, and vegetables produced in this state used in the production of wine in this state.

Amended by Act 2019, No. 910,§ 3323, eff. 7/1/2019.

Acts 1975, No. 679, § 5; A.S.A. 1947, § 48-641.
Ark. Code Ann. § 3-9-206 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-206
Referendum elections - Conduct
Status: in_force

(a) A referendum election hereunder shall be conducted in accordance with the following: (1) A referendum election may be called in a city by resolution adopted by a majority vote of the governing body of the city or by petition filed with the city clerk signed by qualified electors of the city numbering not less than fifteen percent (15%) of the votes cast in the city for the office of Governor in the last general election in which the office appeared on the ballot; or (2) A referendum election may be called in a county by resolution adopted by a majority vote of the quorum court at any annual or special session thereof, or by petition filed with the county clerk signed by qualified electors of the county numbering not less than fifteen percent (15%) of the votes cast in the county for the office of Governor in the last general election in which the office appeared on the ballot. (b) (1) The election shall be called by order of the quorum court in accordance with § 7-11-201 et seq. and held and conducted in accordance with § 7-11-201 et seq. and the results certified under the supervision of the county board of election commissioners in the manner provided by the election laws of this state. (2) The order of the quorum court shall fix the date of the election not more than ninety (90) days from the date of the order and give notice thereof by publication in a newspaper of general circulation in the city or county by at least two (2) insertions, the last being not less than ten (10) days prior to the election. (3) The county board shall tabulate the votes and certify the results to the county clerk within ten (10) days after the election. (c) The election shall be conducted on a citywide or countywide basis. All qualified electors within the city or county, as the case may be, shall be eligible to vote even though they reside in a dry area thereof. (d) On the ballot for the election shall be printed substantially the following: "FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED IN ARKANSAS CODE § 3-9-201 ET SEQ. [] AGAINST THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED IN ARKANSAS CODE § 3-9-201 ET SEQ.". [] (e) The results of the election may be contested within the time and in the manner provided by law. (f) All matters concerning the sufficiency of the petitions and the conduct of the election not specifically provided for herein shall be determined in accordance with the initiative and referendum laws of this state applicable to cities and counties, respectively. Acts 1969, No. 132, § 4; A.S.A. 1947, § 48-1404; Acts 1997, No. 1010, § 5; 1997, No. 1060, § 5; 2001, No. 1475, § 5; 2005, No. 2145, § 2; 2007, No. 1049, § 3; 2009, No. 1480, § 2.

(a) A referendum election hereunder shall be conducted in accordance with the following: (1) A referendum election may be called in a city by resolution adopted by a majority vote of the governing body of the city or by petition filed with the city clerk signed by qualified electors of the city numbering not less than fifteen percent (15%) of the votes cast in the city for the office of Governor in the last general election in which the office appeared on the ballot; or (2) A referendum election may be called in a county by resolution adopted by a majority vote of the quorum court at any annual or special session thereof, or by petition filed with the county clerk signed by qualified electors of the county numbering not less than fifteen percent (15%) of the votes cast in the county for the office of Governor in the last general election in which the office appeared on the ballot.

(1) A referendum election may be called in a city by resolution adopted by a majority vote of the governing body of the city or by petition filed with the city clerk signed by qualified electors of the city numbering not less than fifteen percent (15%) of the votes cast in the city for the office of Governor in the last general election in which the office appeared on the ballot; or

(2) A referendum election may be called in a county by resolution adopted by a majority vote of the quorum court at any annual or special session thereof, or by petition filed with the county clerk signed by qualified electors of the county numbering not less than fifteen percent (15%) of the votes cast in the county for the office of Governor in the last general election in which the office appeared on the ballot.

(b) (1) The election shall be called by order of the quorum court in accordance with § 7-11-201 et seq. and held and conducted in accordance with § 7-11-201 et seq. and the results certified under the supervision of the county board of election commissioners in the manner provided by the election laws of this state. (2) The order of the quorum court shall fix the date of the election not more than ninety (90) days from the date of the order and give notice thereof by publication in a newspaper of general circulation in the city or county by at least two (2) insertions, the last being not less than ten (10) days prior to the election. (3) The county board shall tabulate the votes and certify the results to the county clerk within ten (10) days after the election.

(1) The election shall be called by order of the quorum court in accordance with § 7-11-201 et seq. and held and conducted in accordance with § 7-11-201 et seq. and the results certified under the supervision of the county board of election commissioners in the manner provided by the election laws of this state.

(2) The order of the quorum court shall fix the date of the election not more than ninety (90) days from the date of the order and give notice thereof by publication in a newspaper of general circulation in the city or county by at least two (2) insertions, the last being not less than ten (10) days prior to the election.

(3) The county board shall tabulate the votes and certify the results to the county clerk within ten (10) days after the election.

(c) The election shall be conducted on a citywide or countywide basis. All qualified electors within the city or county, as the case may be, shall be eligible to vote even though they reside in a dry area thereof.

(d) On the ballot for the election shall be printed substantially the following: "FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED IN ARKANSAS CODE § 3-9-201 ET SEQ. [] AGAINST THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED IN ARKANSAS CODE § 3-9-201 ET SEQ.". []

"FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED IN ARKANSAS CODE § 3-9-201 ET SEQ. [] AGAINST THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED IN ARKANSAS CODE § 3-9-201 ET SEQ.". []

"FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED IN ARKANSAS CODE § 3-9-201 ET SEQ.

[]

AGAINST THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION IN (NAME OF CITY OR COUNTY), ARKANSAS, AS AUTHORIZED IN ARKANSAS CODE § 3-9-201 ET SEQ.".

[]

(e) The results of the election may be contested within the time and in the manner provided by law.

(f) All matters concerning the sufficiency of the petitions and the conduct of the election not specifically provided for herein shall be determined in accordance with the initiative and referendum laws of this state applicable to cities and counties, respectively.

Acts 1969, No. 132, § 4; A.S.A. 1947, § 48-1404; Acts 1997, No. 1010, § 5; 1997, No. 1060, § 5; 2001, No. 1475, § 5; 2005, No. 2145, § 2; 2007, No. 1049, § 3; 2009, No. 1480, § 2.
Ark. Code Ann. § 3-7-110 — AR Code / Title 3 / Chapter 7 / Subchapter 1 / Section 3-7-110
Wrongful tax collections
Status: in_force

(a) No suit shall be maintained in any court to restrain or delay the collection or payment of the tax levied by §§ 3-7-101 - 3-7-104 and 3-7-106 - 3-7-110 . (b) The aggrieved taxpayer shall pay with or without protest the tax as and when required and may at any time within two (2) years from the date of the payment sue the state through its agent, the Auditor of State, in an action at law in any state or federal court otherwise having jurisdiction of the parties and subject matter for the recovery of the tax paid with legal interest thereon from the date of payment. (c) If it is finally determined that the tax or any part thereof was wrongfully collected, for any reason, it shall be the duty of the Auditor of State to issue a warrant on the Treasurer of State for the amount of the tax so adjudged to have been wrongfully collected together with legal interest thereon. The Treasurer of State shall pay the warrant amount at once, in preference to other warrants or claims against the state. (d) A separate suit need not be filed for each individual payment made by any taxpayer, but a recovery may be had in one (1) suit for as many payments as may have been made. Acts 1935, No. 109, § 12; Pope's Dig., § 14184; A.S.A. 1947, § 48-410.

(a) No suit shall be maintained in any court to restrain or delay the collection or payment of the tax levied by §§ 3-7-101 - 3-7-104 and 3-7-106 - 3-7-110 .

(b) The aggrieved taxpayer shall pay with or without protest the tax as and when required and may at any time within two (2) years from the date of the payment sue the state through its agent, the Auditor of State, in an action at law in any state or federal court otherwise having jurisdiction of the parties and subject matter for the recovery of the tax paid with legal interest thereon from the date of payment.

(c) If it is finally determined that the tax or any part thereof was wrongfully collected, for any reason, it shall be the duty of the Auditor of State to issue a warrant on the Treasurer of State for the amount of the tax so adjudged to have been wrongfully collected together with legal interest thereon. The Treasurer of State shall pay the warrant amount at once, in preference to other warrants or claims against the state.

(d) A separate suit need not be filed for each individual payment made by any taxpayer, but a recovery may be had in one (1) suit for as many payments as may have been made.

Acts 1935, No. 109, § 12; Pope's Dig., § 14184; A.S.A. 1947, § 48-410.
Ark. Code Ann. § 3-3-201 — AR Code / Title 3 / Chapter 3 / Subchapter 2 / Section 3-3-201
Unknowingly furnishing or selling to minor
Status: in_force

(a) Any person who unknowingly sells, gives away, or otherwise disposes of intoxicating liquor or a confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) by volume of alcohol to a minor is guilty of a violation and shall be punished by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500) for the first offense. (b) For the second and subsequent offenses, he or she shall be guilty of a Class A misdemeanor. Amended by Act 2017, No. 1035,§ 3, eff. 8/1/2017. Acts 1943, No. 257, § 1; A.S.A. 1947, § 48-902.1; Acts 1993, No. 875, § 1; 2005, No. 1994, § 332.

(a) Any person who unknowingly sells, gives away, or otherwise disposes of intoxicating liquor or a confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) by volume of alcohol to a minor is guilty of a violation and shall be punished by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500) for the first offense.

(b) For the second and subsequent offenses, he or she shall be guilty of a Class A misdemeanor.

Amended by Act 2017, No. 1035,§ 3, eff. 8/1/2017.

Acts 1943, No. 257, § 1; A.S.A. 1947, § 48-902.1; Acts 1993, No. 875, § 1; 2005, No. 1994, § 332.
Ark. Code Ann. § 3-2-406 — AR Code / Title 3 / Chapter 2 / Subchapter 4 / Section 3-2-406
Request to change wholesalers - Hearing - Time - Findings - Appeal
Status: in_force

(a) Any hearing held by the Director of the Alcoholic Beverage Control Division pursuant to the provisions of § 3-2-405 shall be held within thirty (30) days after the receipt of any notice of objection to a wholesaler change request. (b) The findings of the director made after such hearing shall be presented to the Alcoholic Beverage Control Board at its next regularly scheduled meeting. (c) Any aggrieved party may appeal the decision of the director to the full board to be heard de novo and any such appeal hearing will be scheduled and held pursuant to hearing procedures established for the Alcoholic Beverage Control Division by state law and division rules. Amended by Act 2019, No. 315,§ 41, eff. 7/24/2019. Acts 1991, No. 260, § 5.

(a) Any hearing held by the Director of the Alcoholic Beverage Control Division pursuant to the provisions of § 3-2-405 shall be held within thirty (30) days after the receipt of any notice of objection to a wholesaler change request.

(b) The findings of the director made after such hearing shall be presented to the Alcoholic Beverage Control Board at its next regularly scheduled meeting.

(c) Any aggrieved party may appeal the decision of the director to the full board to be heard de novo and any such appeal hearing will be scheduled and held pursuant to hearing procedures established for the Alcoholic Beverage Control Division by state law and division rules.

Amended by Act 2019, No. 315,§ 41, eff. 7/24/2019.

Acts 1991, No. 260, § 5.
Ark. Code Ann. § 3-9-209 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-209
Sales without permit prohibited
Status: in_force

It shall be unlawful and constitute a Class A misdemeanor for any person not holding a valid permit issued hereunder to sell alcoholic beverages for on-premises consumption. Acts 1969, No. 132, § 15; A.S.A. 1947, § 48-1415; Acts 2005, No. 1994, § 194.

It shall be unlawful and constitute a Class A misdemeanor for any person not holding a valid permit issued hereunder to sell alcoholic beverages for on-premises consumption.

Acts 1969, No. 132, § 15; A.S.A. 1947, § 48-1415; Acts 2005, No. 1994, § 194.
Ark. Code Ann. § 3-2-414 — AR Code / Title 3 / Chapter 2 / Subchapter 4 / Section 3-2-414
Minimum container size of spirituous liquor
Status: in_force

The minimum container size of spirituous liquor to be sold for off-premises consumption is fifty milliliters (50 ml). Added by Act 2023, No. 95,§ 1, eff. 8/1/2023.

The minimum container size of spirituous liquor to be sold for off-premises consumption is fifty milliliters (50 ml).

Added by Act 2023, No. 95,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 3-5-1703 — AR Code / Title 3 / Chapter 5 / Subchapter 17 / Section 3-5-1703
Registration - Renewal fee
Status: in_force

(a) (1) Unless registered under this subchapter, a winery licensed by this state or the state where its principal place of business is located shall not ship vinous liquor to an Arkansas consumer. (2) This section does not apply to a small farm winery licensed under § 3-5-1601 et seq. (b) Prior to the winery's first shipment into or within the state, the winery shall: (1) Register with the Alcoholic Beverage Control Division; (2) Provide the division with a copy of the winery's current license to manufacture wine issued by: (A) The state of domicile; and (B) The Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury; and (3) Pay a registration fee of twenty-five dollars ($25.00). (c) A winery shall renew its application each year with the division by: (1) Providing the division with a copy of the licenses required under subdivision (b)(2) of this section; and (2) Paying a renewal fee of twenty-five dollars ($25.00). Amended by Act 2017, No. 313,§ 2, eff. 3/1/2017. Added by Act 2013, No. 483,§ 1, eff. 8/16/2013.

(a) (1) Unless registered under this subchapter, a winery licensed by this state or the state where its principal place of business is located shall not ship vinous liquor to an Arkansas consumer. (2) This section does not apply to a small farm winery licensed under § 3-5-1601 et seq.

(1) Unless registered under this subchapter, a winery licensed by this state or the state where its principal place of business is located shall not ship vinous liquor to an Arkansas consumer.

(2) This section does not apply to a small farm winery licensed under § 3-5-1601 et seq.

(b) Prior to the winery's first shipment into or within the state, the winery shall: (1) Register with the Alcoholic Beverage Control Division; (2) Provide the division with a copy of the winery's current license to manufacture wine issued by: (A) The state of domicile; and (B) The Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury; and (3) Pay a registration fee of twenty-five dollars ($25.00).

(1) Register with the Alcoholic Beverage Control Division;

(2) Provide the division with a copy of the winery's current license to manufacture wine issued by: (A) The state of domicile; and (B) The Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury; and

(A) The state of domicile; and

(B) The Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury; and

(3) Pay a registration fee of twenty-five dollars ($25.00).

(c) A winery shall renew its application each year with the division by: (1) Providing the division with a copy of the licenses required under subdivision (b)(2) of this section; and (2) Paying a renewal fee of twenty-five dollars ($25.00).

(1) Providing the division with a copy of the licenses required under subdivision (b)(2) of this section; and

(2) Paying a renewal fee of twenty-five dollars ($25.00).

Amended by Act 2017, No. 313,§ 2, eff. 3/1/2017.

Added by Act 2013, No. 483,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 3-5-807 — AR Code / Title 3 / Chapter 5 / Subchapter 8 / Section 3-5-807
Tax on wines produced under program
Status: in_force

(a) During a period of native wine industry disaster relief order issued by the Secretary of the Department of Finance and Administration under the provisions of § 3-5-805 , any native wine produced from grapes, berries, fruits, or vegetables within the permissible quantities authorized to be imported from sources of supply outside this state to replace losses in production of such products in this state resulting from natural disaster, within the percentages set forth in the native wine industry disaster relief order of the secretary, shall be subject to the native wine tax imposed under the provisions of § 3-5-409 [repealed]. The provisions of subchapter 6 of this chapter shall be inoperative with respect to wines produced from the grapes, fruits, berries, and vegetables imported from sources of supply outside this state within the quantities set forth in the order of the secretary. (b) However, if quantities of wine are produced from the grapes, berries, fruits, and vegetables, or juices, pulp, or blendable wines thereof produced outside this state in excess of the percentage of the products authorized in the order of the secretary to offset losses of production in this state resulting from natural disaster, the tax on such excess native wine produced from imported grapes, fruits, berries, and vegetables, or from juices, pulp, or blendable wines derived therefrom, shall be reported and paid as provided in subchapter 6 of this chapter. Amended by Act 2019, No. 910,§ 3317, eff. 7/1/2019. Acts 1981, No. 335, § 6; A.S.A. 1947, § 48-646.

(a) During a period of native wine industry disaster relief order issued by the Secretary of the Department of Finance and Administration under the provisions of § 3-5-805 , any native wine produced from grapes, berries, fruits, or vegetables within the permissible quantities authorized to be imported from sources of supply outside this state to replace losses in production of such products in this state resulting from natural disaster, within the percentages set forth in the native wine industry disaster relief order of the secretary, shall be subject to the native wine tax imposed under the provisions of § 3-5-409 [repealed]. The provisions of subchapter 6 of this chapter shall be inoperative with respect to wines produced from the grapes, fruits, berries, and vegetables imported from sources of supply outside this state within the quantities set forth in the order of the secretary.

(b) However, if quantities of wine are produced from the grapes, berries, fruits, and vegetables, or juices, pulp, or blendable wines thereof produced outside this state in excess of the percentage of the products authorized in the order of the secretary to offset losses of production in this state resulting from natural disaster, the tax on such excess native wine produced from imported grapes, fruits, berries, and vegetables, or from juices, pulp, or blendable wines derived therefrom, shall be reported and paid as provided in subchapter 6 of this chapter.

Amended by Act 2019, No. 910,§ 3317, eff. 7/1/2019.

Acts 1981, No. 335, § 6; A.S.A. 1947, § 48-646.
Ark. Code Ann. § 3-7-304 — AR Code / Title 3 / Chapter 7 / Subchapter 3 / Section 3-7-304
Delinquent tax penalties
Status: in_force

(a) If the excise tax due the State of Arkansas is not paid when due by the wholesale distributor or importer of spirituous liquors responsible therefor, there shall be added to the amount of the tax a penalty on unpaid excise tax equivalent to five percent (5%) thereof. (b) If the delinquency continues for more than thirty (30) days, the licensee or permittee shall be subject to the revocation or suspension of his or her permit, in addition to recovery of the taxes or penalty through his or her bond. Acts 1971, No. 296, § 6; A.S.A. 1947, § 48-427.

(a) If the excise tax due the State of Arkansas is not paid when due by the wholesale distributor or importer of spirituous liquors responsible therefor, there shall be added to the amount of the tax a penalty on unpaid excise tax equivalent to five percent (5%) thereof.

(b) If the delinquency continues for more than thirty (30) days, the licensee or permittee shall be subject to the revocation or suspension of his or her permit, in addition to recovery of the taxes or penalty through his or her bond.

Acts 1971, No. 296, § 6; A.S.A. 1947, § 48-427.
Ark. Code Ann. § 3-4-405 — AR Code / Title 3 / Chapter 4 / Subchapter 4 / Section 3-4-405
Class C permit violations
Status: in_force

(a) The following acts on the part of any permittee are Class C permit violations: (1) Sale of controlled beverages when the permit is not posted; (2) Failure to maintain health, safety, and sanitary standards; (3) Removing or obliterating a container label or mark; (4) Consuming a controlled beverage while on duty; (5) Failure to surrender a permit when the business has been voluntarily inoperative for over thirty (30) days; (6) Storing controlled beverages in unauthorized warehouses, with each day constituting a separate offense after notice; (7) Failure to make proper application and obtain approval for acting as a sales agent for a manufacturer, wholesaler, or rectifier unless duly authorized by the Director of the Alcoholic Beverage Control Division; (8) Use of an unlabeled dispensing faucet; (9) Failure of a retailer to keep and maintain records; (10) Unauthorized sale of broken packages and merchandise; (11) Negligently allowing prostitutes to frequent the premises; (12) Allowing immoral conduct on the premises; (13) Disposing of or receiving samples by a retailer; (14) Negligently selling to users of narcotics; (15) Delivery of controlled beverages by a retailer away from his or her permitted premises; (16) Sale of controlled beverages in a container or of a size other than that approved; (17) Misrepresentation of a brand, or keeping beverages in an unauthorized container, or refilling, diluting, or failing to destroy empty bottles; (18) Failure to maintain membership books or properly maintain guestbooks by a private club; (19) Allowing an unauthorized guest in a private club; (20) Dispensing to nonmembers or nonguests by a private club; (21) Unauthorized purchasing by a private club from other than a retailer; (22) Failure of a private club to maintain financial records; (23) Failure by a private club to furnish the name and address of the authorized public accountant and bookkeeper; (24) Unauthorized advertising by a private club; (25) Unauthorized transportation of alcoholic beverages through a dry area without a permit; and (26) Failure to keep and maintain records or make a report. (b) Any other act that is determined at an appropriate hearing by the director to be a violation will be considered a Class C permit violation and may be fined accordingly. Acts 1981, No. 790, § 2; A.S.A. 1947, § 48-346; Acts 1991, No. 605, § 3.

(a) The following acts on the part of any permittee are Class C permit violations: (1) Sale of controlled beverages when the permit is not posted; (2) Failure to maintain health, safety, and sanitary standards; (3) Removing or obliterating a container label or mark; (4) Consuming a controlled beverage while on duty; (5) Failure to surrender a permit when the business has been voluntarily inoperative for over thirty (30) days; (6) Storing controlled beverages in unauthorized warehouses, with each day constituting a separate offense after notice; (7) Failure to make proper application and obtain approval for acting as a sales agent for a manufacturer, wholesaler, or rectifier unless duly authorized by the Director of the Alcoholic Beverage Control Division; (8) Use of an unlabeled dispensing faucet; (9) Failure of a retailer to keep and maintain records; (10) Unauthorized sale of broken packages and merchandise; (11) Negligently allowing prostitutes to frequent the premises; (12) Allowing immoral conduct on the premises; (13) Disposing of or receiving samples by a retailer; (14) Negligently selling to users of narcotics; (15) Delivery of controlled beverages by a retailer away from his or her permitted premises; (16) Sale of controlled beverages in a container or of a size other than that approved; (17) Misrepresentation of a brand, or keeping beverages in an unauthorized container, or refilling, diluting, or failing to destroy empty bottles; (18) Failure to maintain membership books or properly maintain guestbooks by a private club; (19) Allowing an unauthorized guest in a private club; (20) Dispensing to nonmembers or nonguests by a private club; (21) Unauthorized purchasing by a private club from other than a retailer; (22) Failure of a private club to maintain financial records; (23) Failure by a private club to furnish the name and address of the authorized public accountant and bookkeeper; (24) Unauthorized advertising by a private club; (25) Unauthorized transportation of alcoholic beverages through a dry area without a permit; and (26) Failure to keep and maintain records or make a report.

(1) Sale of controlled beverages when the permit is not posted;

(2) Failure to maintain health, safety, and sanitary standards;

(3) Removing or obliterating a container label or mark;

(4) Consuming a controlled beverage while on duty;

(5) Failure to surrender a permit when the business has been voluntarily inoperative for over thirty (30) days;

(6) Storing controlled beverages in unauthorized warehouses, with each day constituting a separate offense after notice;

(7) Failure to make proper application and obtain approval for acting as a sales agent for a manufacturer, wholesaler, or rectifier unless duly authorized by the Director of the Alcoholic Beverage Control Division;

(8) Use of an unlabeled dispensing faucet;

(9) Failure of a retailer to keep and maintain records;

(10) Unauthorized sale of broken packages and merchandise;

(11) Negligently allowing prostitutes to frequent the premises;

(12) Allowing immoral conduct on the premises;

(13) Disposing of or receiving samples by a retailer;

(14) Negligently selling to users of narcotics;

(15) Delivery of controlled beverages by a retailer away from his or her permitted premises;

(16) Sale of controlled beverages in a container or of a size other than that approved;

(17) Misrepresentation of a brand, or keeping beverages in an unauthorized container, or refilling, diluting, or failing to destroy empty bottles;

(18) Failure to maintain membership books or properly maintain guestbooks by a private club;

(19) Allowing an unauthorized guest in a private club;

(20) Dispensing to nonmembers or nonguests by a private club;

(21) Unauthorized purchasing by a private club from other than a retailer;

(22) Failure of a private club to maintain financial records;

(23) Failure by a private club to furnish the name and address of the authorized public accountant and bookkeeper;

(24) Unauthorized advertising by a private club;

(25) Unauthorized transportation of alcoholic beverages through a dry area without a permit; and

(26) Failure to keep and maintain records or make a report.

(b) Any other act that is determined at an appropriate hearing by the director to be a violation will be considered a Class C permit violation and may be fined accordingly.

Acts 1981, No. 790, § 2; A.S.A. 1947, § 48-346; Acts 1991, No. 605, § 3.
Ark. Code Ann. § 3-5-1802 — AR Code / Title 3 / Chapter 5 / Subchapter 18 / Section 3-5-1802
Grocery store wine permit - Fees
Status: in_force

(a) A grocery store may apply to the Alcoholic Beverage Control Board for a grocery store wine permit. (b) (1) A grocery store wine permit allows a permittee to purchase and sell wine and hard cider for off-premises consumption at a single location. (2) Wine and hard cider inventory orders or purchases, or both, shall be made only by a permittee for delivery to a single permitted location. (3) An order of wine and hard cider inventory for one location shall not be combined with an order for another location in a manner that would result in a cumulative discount or quantity discount, or both. (c) A grocery store seeking a grocery store wine permit shall meet the criteria for the holder of an off-premises retail beer permit in addition to the criteria established in this section. (d) (1) For the privilege of selling wine and hard cider in a grocery store, each grocery store shall pay a grocery store wine permit fee based on the size of the permitted building space. (2) The fee shall be: (A) One thousand dollars ($1,000) for a permitted building space containing less than thirty-five thousand one square feet (35,001 sq. ft.); (B) Two thousand five hundred dollars ($2,500) for a permitted building space containing between thirty-five thousand one square feet (35,001 sq. ft.) and fifty thousand square feet (50,000 sq. ft.); (C) Three thousand five hundred dollars ($3,500) for a permitted building space containing between fifty thousand one square feet (50,001 sq. ft.) and seventy-five thousand square feet (75,000 sq. ft.); and (D) Five thousand dollars ($5,000) for a permitted building space containing more than seventy-five thousand square feet (75,000 sq. ft.). (e) One hundred percent (100%) of the fee shall be paid into the Arkansas Wine Grants Fund. (f) A grocery store wine permittee may conduct tasting events for educational and promotional purposes on the permittee's premises after obtaining a wine sampling permit from the Alcoholic Beverage Control Division under § 3-5-104 . (g) (1) A grocery store seeking a grocery store wine permit may derive no more than twenty percent (20%) of its gross sales from the sale of alcoholic beverages. (2) However, the requirement under subdivision (g)(1) of this section does not apply to an otherwise qualifying grocery store that, as of January 1, 2017, derives more than twenty percent (20%) of its gross sales from the sale of alcoholic beverages. (h) A grocery store wine permittee shall offer for sale small farm winery wine as defined in § 3-5-1601 et seq. (i) A grocery store wine permit shall be available for issue only in a county in which the retail sale of alcohol under § 3-4-604 was authorized as of January 1, 2017. Amended by Act 2019, No. 691,§ 20, eff. 7/24/2019. Amended by Act 2019, No. 691,§ 19, eff. 7/24/2019. Added by Act 2017, No. 508,§ 6, eff. 10/1/2017.

(a) A grocery store may apply to the Alcoholic Beverage Control Board for a grocery store wine permit.

(b) (1) A grocery store wine permit allows a permittee to purchase and sell wine and hard cider for off-premises consumption at a single location. (2) Wine and hard cider inventory orders or purchases, or both, shall be made only by a permittee for delivery to a single permitted location. (3) An order of wine and hard cider inventory for one location shall not be combined with an order for another location in a manner that would result in a cumulative discount or quantity discount, or both.

(1) A grocery store wine permit allows a permittee to purchase and sell wine and hard cider for off-premises consumption at a single location.

(2) Wine and hard cider inventory orders or purchases, or both, shall be made only by a permittee for delivery to a single permitted location.

(3) An order of wine and hard cider inventory for one location shall not be combined with an order for another location in a manner that would result in a cumulative discount or quantity discount, or both.

(c) A grocery store seeking a grocery store wine permit shall meet the criteria for the holder of an off-premises retail beer permit in addition to the criteria established in this section.

(d) (1) For the privilege of selling wine and hard cider in a grocery store, each grocery store shall pay a grocery store wine permit fee based on the size of the permitted building space. (2) The fee shall be: (A) One thousand dollars ($1,000) for a permitted building space containing less than thirty-five thousand one square feet (35,001 sq. ft.); (B) Two thousand five hundred dollars ($2,500) for a permitted building space containing between thirty-five thousand one square feet (35,001 sq. ft.) and fifty thousand square feet (50,000 sq. ft.); (C) Three thousand five hundred dollars ($3,500) for a permitted building space containing between fifty thousand one square feet (50,001 sq. ft.) and seventy-five thousand square feet (75,000 sq. ft.); and (D) Five thousand dollars ($5,000) for a permitted building space containing more than seventy-five thousand square feet (75,000 sq. ft.).

(1) For the privilege of selling wine and hard cider in a grocery store, each grocery store shall pay a grocery store wine permit fee based on the size of the permitted building space.

(2) The fee shall be: (A) One thousand dollars ($1,000) for a permitted building space containing less than thirty-five thousand one square feet (35,001 sq. ft.); (B) Two thousand five hundred dollars ($2,500) for a permitted building space containing between thirty-five thousand one square feet (35,001 sq. ft.) and fifty thousand square feet (50,000 sq. ft.); (C) Three thousand five hundred dollars ($3,500) for a permitted building space containing between fifty thousand one square feet (50,001 sq. ft.) and seventy-five thousand square feet (75,000 sq. ft.); and (D) Five thousand dollars ($5,000) for a permitted building space containing more than seventy-five thousand square feet (75,000 sq. ft.).

(A) One thousand dollars ($1,000) for a permitted building space containing less than thirty-five thousand one square feet (35,001 sq. ft.);

(B) Two thousand five hundred dollars ($2,500) for a permitted building space containing between thirty-five thousand one square feet (35,001 sq. ft.) and fifty thousand square feet (50,000 sq. ft.);

(C) Three thousand five hundred dollars ($3,500) for a permitted building space containing between fifty thousand one square feet (50,001 sq. ft.) and seventy-five thousand square feet (75,000 sq. ft.); and

(D) Five thousand dollars ($5,000) for a permitted building space containing more than seventy-five thousand square feet (75,000 sq. ft.).

(e) One hundred percent (100%) of the fee shall be paid into the Arkansas Wine Grants Fund.

(f) A grocery store wine permittee may conduct tasting events for educational and promotional purposes on the permittee's premises after obtaining a wine sampling permit from the Alcoholic Beverage Control Division under § 3-5-104 .

(g) (1) A grocery store seeking a grocery store wine permit may derive no more than twenty percent (20%) of its gross sales from the sale of alcoholic beverages. (2) However, the requirement under subdivision (g)(1) of this section does not apply to an otherwise qualifying grocery store that, as of January 1, 2017, derives more than twenty percent (20%) of its gross sales from the sale of alcoholic beverages.

(1) A grocery store seeking a grocery store wine permit may derive no more than twenty percent (20%) of its gross sales from the sale of alcoholic beverages.

(2) However, the requirement under subdivision (g)(1) of this section does not apply to an otherwise qualifying grocery store that, as of January 1, 2017, derives more than twenty percent (20%) of its gross sales from the sale of alcoholic beverages.

(h) A grocery store wine permittee shall offer for sale small farm winery wine as defined in § 3-5-1601 et seq.

(i) A grocery store wine permit shall be available for issue only in a county in which the retail sale of alcohol under § 3-4-604 was authorized as of January 1, 2017.

Amended by Act 2019, No. 691,§ 20, eff. 7/24/2019.

Amended by Act 2019, No. 691,§ 19, eff. 7/24/2019.

Added by Act 2017, No. 508,§ 6, eff. 10/1/2017.
Ark. Code Ann. § 3-5-1706 — AR Code / Title 3 / Chapter 5 / Subchapter 17 / Section 3-5-1706
Delivery
Status: in_force

A winery shall have the vinous liquor delivered to an Arkansas consumer during the hours of the day that alcoholic beverages may be purchased in the state. Added by Act 2013, No. 483,§ 1, eff. 8/16/2013.

A winery shall have the vinous liquor delivered to an Arkansas consumer during the hours of the day that alcoholic beverages may be purchased in the state.

Added by Act 2013, No. 483,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 3-4-1003 — AR Code / Title 3 / Chapter 4 / Subchapter 10 / Section 3-4-1003
Unauthorized sales - Penalties
Status: in_force

An unauthorized sale under the restaurant beer and wine permit created in this subchapter is subject to the same penalties as established for other on-premises retail permits pursuant to this title. Acts 2009, No. 294, § 11.

An unauthorized sale under the restaurant beer and wine permit created in this subchapter is subject to the same penalties as established for other on-premises retail permits pursuant to this title.

Acts 2009, No. 294, § 11.
Ark. Code Ann. § 3-9-237 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-237
Disposition of funds
Status: in_force

All permit fees and supplemental gross receipts taxes collected for the state pursuant to this subchapter shall be remitted monthly to the Treasurer of State as general revenues and be credited to the State Apportionment Fund. There the fees and taxes shall be allocated and transferred to the various funds, fund accounts, and accounts participating in general revenues in the respective proportions to each as provided by, and shall be used for the respective purposes set forth in, the Revenue Stabilization Law, § 19-5-101 et seq. Acts 1935, No. 108, Art. 4, § 5; 1953, No. 118, § 36(E); 1969, No. 132, § 18, as amended by Acts 1953, No. 118, § 36 as added by 1971, No. 585, § 12; A.S.A. 1947, § 48-1418.

All permit fees and supplemental gross receipts taxes collected for the state pursuant to this subchapter shall be remitted monthly to the Treasurer of State as general revenues and be credited to the State Apportionment Fund. There the fees and taxes shall be allocated and transferred to the various funds, fund accounts, and accounts participating in general revenues in the respective proportions to each as provided by, and shall be used for the respective purposes set forth in, the Revenue Stabilization Law, § 19-5-101 et seq.

Acts 1935, No. 108, Art. 4, § 5; 1953, No. 118, § 36(E); 1969, No. 132, § 18, as amended by Acts 1953, No. 118, § 36 as added by 1971, No. 585, § 12; A.S.A. 1947, § 48-1418.
Ark. Code Ann. § 3-5-1101 — AR Code / Title 3 / Chapter 5 / Subchapter 11 / Section 3-5-1101
Legislative intent and purpose
Status: in_force

(a) The legislative intent and purpose of this subchapter is to provide a structure for the business relations between a wholesaler and a supplier of beer. (b) Regulation in this area is considered necessary for the following reasons: (1) To maintain stability and healthy competition in the beer industry in this state; (2) To promote and maintain a sound, stable, and viable three-tier system of distribution of beer to the public; and (3) To promote the public health, safety, and welfare. Acts 1991, No. 8, § 1; 1991, No. 866, § 1.

(a) The legislative intent and purpose of this subchapter is to provide a structure for the business relations between a wholesaler and a supplier of beer.

(b) Regulation in this area is considered necessary for the following reasons: (1) To maintain stability and healthy competition in the beer industry in this state; (2) To promote and maintain a sound, stable, and viable three-tier system of distribution of beer to the public; and (3) To promote the public health, safety, and welfare.

(1) To maintain stability and healthy competition in the beer industry in this state;

(2) To promote and maintain a sound, stable, and viable three-tier system of distribution of beer to the public; and

(3) To promote the public health, safety, and welfare.

Acts 1991, No. 8, § 1; 1991, No. 866, § 1.
Ark. Code Ann. § 3-5-215 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-215
Qualifications of retail permittees
Status: in_force

No permit shall be granted to any permittee by the state or any county or municipality to a person who is not a resident of the State of Arkansas on the date of application. Acts 1933 (1st Ex. Sess.), No. 7, § 24; Pope's Dig., § 14216; A.S.A. 1947, § 48-515; Acts 1991, No. 606, § 4.

No permit shall be granted to any permittee by the state or any county or municipality to a person who is not a resident of the State of Arkansas on the date of application.

Acts 1933 (1st Ex. Sess.), No. 7, § 24; Pope's Dig., § 14216; A.S.A. 1947, § 48-515; Acts 1991, No. 606, § 4.
Ark. Code Ann. § 3-8-502 — AR Code / Title 3 / Chapter 8 / Subchapter 5 / Section 3-8-502
Local option elections in certain annexed areas
Status: in_force

(a) (1) (A) If an area meets the qualifications provided in subdivision (a)(1)(B) of this section, the residents of the area may petition the county clerk of the county for a local option election to determine whether off-premises retail beer permits and off-premises Arkansas native wine retail permits shall be issued within the annexed area. (B) An area qualifies to hold a local option election under this subchapter if: (i) The area has been annexed from a dry township into a wet contiguous and adjoining city or incorporated town; (ii) The annexed area is separated from the remainder of the dry township by a four-lane divided highway; and (iii) A nonbinding election was held between November 1, 2004, and January 1, 2005, in the annexed area on the issue of whether intoxicating liquors may be manufactured, sold, bartered, loaned, or given away within the annexed area. (2) The petition requesting a local option election shall be prepared in the manner provided by § 3-8-205 . (3) (A) When thirty-eight percent (38%) of the qualified electors of the annexed area, as shown on county voter registration records, sign a petition requesting a local option election, the county clerk shall determine the sufficiency of the petition within ten (10) days of the filing of the petition. (B) If the county clerk verifies that thirty-eight percent (38%) of the qualified electors of the annexed area have signed the petition, the county clerk shall certify that finding to the county board of election commissioners. (C) The question shall be placed upon the ballot in the annexed area at the next biennial November general election, as provided in § 3-8-101 . (D) Any appeal of the order of the county court shall be taken in the manner provided by § 3-8-205(c) -(e). (4) (A) The election shall be conducted in the manner provided by § 3-8-206(a) and (b) . (B) Upon petition of fifteen percent (15%) of the interested legal voters in the annexed area, within ten (10) days after the date of the election, the county board of election commissioners shall immediately recount the votes and declare the result of the election as determined by the recount. (C) Within twenty (20) days after the election, the county court shall make and enter of record its order declaring the result of the election. (D) The costs of any elections held under this subchapter shall be paid by the county in the same manner as other costs of general elections. (5) Upon petition of fifteen percent (15%) of the interested legal voters in the annexed area filed with the circuit clerk of the county in which proceedings are pending, the circuit court shall immediately by mandamus compel the county court or other officials to perform the duties imposed upon them under this section. (b) (1) If, at the local option election, a majority of the electors of the annexed area vote for the issuance of off-premises retail beer permits and off-premises Arkansas native wine retail permits within the annexed area, the Director of the Alcoholic Beverage Control Division may issue off-premises retail beer permits and off-premises Arkansas native wine retail permits within the annexed area. (2) If a majority of the electors of the annexed area vote against the issuance of off-premises retail beer permits and off-premises Arkansas native wine retail permits, it shall be unlawful for the director or any county or municipal officer to issue any off-premises retail beer permit or off-premises Arkansas native wine retail permit until the prohibition shall be repealed by a majority vote as provided in this section. (3) At least four (4) years shall elapse before another local option election may be held in the annexed area. (c) Except as provided in this section, a petition for local option election shall be governed by § 7-9-101 et seq. and § 3-8-801 et seq. Amended by Act 2013, No. 1432,§ 6, eff. 8/16/2013. Amended by Act 2013, No. 1432,§ 5, eff. 8/16/2013. Acts 2005, No. 1258, § 1.

(a) (1) (A) If an area meets the qualifications provided in subdivision (a)(1)(B) of this section, the residents of the area may petition the county clerk of the county for a local option election to determine whether off-premises retail beer permits and off-premises Arkansas native wine retail permits shall be issued within the annexed area. (B) An area qualifies to hold a local option election under this subchapter if: (i) The area has been annexed from a dry township into a wet contiguous and adjoining city or incorporated town; (ii) The annexed area is separated from the remainder of the dry township by a four-lane divided highway; and (iii) A nonbinding election was held between November 1, 2004, and January 1, 2005, in the annexed area on the issue of whether intoxicating liquors may be manufactured, sold, bartered, loaned, or given away within the annexed area. (2) The petition requesting a local option election shall be prepared in the manner provided by § 3-8-205 . (3) (A) When thirty-eight percent (38%) of the qualified electors of the annexed area, as shown on county voter registration records, sign a petition requesting a local option election, the county clerk shall determine the sufficiency of the petition within ten (10) days of the filing of the petition. (B) If the county clerk verifies that thirty-eight percent (38%) of the qualified electors of the annexed area have signed the petition, the county clerk shall certify that finding to the county board of election commissioners. (C) The question shall be placed upon the ballot in the annexed area at the next biennial November general election, as provided in § 3-8-101 . (D) Any appeal of the order of the county court shall be taken in the manner provided by § 3-8-205(c) -(e). (4) (A) The election shall be conducted in the manner provided by § 3-8-206(a) and (b) . (B) Upon petition of fifteen percent (15%) of the interested legal voters in the annexed area, within ten (10) days after the date of the election, the county board of election commissioners shall immediately recount the votes and declare the result of the election as determined by the recount. (C) Within twenty (20) days after the election, the county court shall make and enter of record its order declaring the result of the election. (D) The costs of any elections held under this subchapter shall be paid by the county in the same manner as other costs of general elections. (5) Upon petition of fifteen percent (15%) of the interested legal voters in the annexed area filed with the circuit clerk of the county in which proceedings are pending, the circuit court shall immediately by mandamus compel the county court or other officials to perform the duties imposed upon them under this section.

(1) (A) If an area meets the qualifications provided in subdivision (a)(1)(B) of this section, the residents of the area may petition the county clerk of the county for a local option election to determine whether off-premises retail beer permits and off-premises Arkansas native wine retail permits shall be issued within the annexed area. (B) An area qualifies to hold a local option election under this subchapter if: (i) The area has been annexed from a dry township into a wet contiguous and adjoining city or incorporated town; (ii) The annexed area is separated from the remainder of the dry township by a four-lane divided highway; and (iii) A nonbinding election was held between November 1, 2004, and January 1, 2005, in the annexed area on the issue of whether intoxicating liquors may be manufactured, sold, bartered, loaned, or given away within the annexed area.

(A) If an area meets the qualifications provided in subdivision (a)(1)(B) of this section, the residents of the area may petition the county clerk of the county for a local option election to determine whether off-premises retail beer permits and off-premises Arkansas native wine retail permits shall be issued within the annexed area.

(B) An area qualifies to hold a local option election under this subchapter if: (i) The area has been annexed from a dry township into a wet contiguous and adjoining city or incorporated town; (ii) The annexed area is separated from the remainder of the dry township by a four-lane divided highway; and (iii) A nonbinding election was held between November 1, 2004, and January 1, 2005, in the annexed area on the issue of whether intoxicating liquors may be manufactured, sold, bartered, loaned, or given away within the annexed area.

(i) The area has been annexed from a dry township into a wet contiguous and adjoining city or incorporated town;

(ii) The annexed area is separated from the remainder of the dry township by a four-lane divided highway; and

(iii) A nonbinding election was held between November 1, 2004, and January 1, 2005, in the annexed area on the issue of whether intoxicating liquors may be manufactured, sold, bartered, loaned, or given away within the annexed area.

(2) The petition requesting a local option election shall be prepared in the manner provided by § 3-8-205 .

(3) (A) When thirty-eight percent (38%) of the qualified electors of the annexed area, as shown on county voter registration records, sign a petition requesting a local option election, the county clerk shall determine the sufficiency of the petition within ten (10) days of the filing of the petition. (B) If the county clerk verifies that thirty-eight percent (38%) of the qualified electors of the annexed area have signed the petition, the county clerk shall certify that finding to the county board of election commissioners. (C) The question shall be placed upon the ballot in the annexed area at the next biennial November general election, as provided in § 3-8-101 . (D) Any appeal of the order of the county court shall be taken in the manner provided by § 3-8-205(c) -(e).

(A) When thirty-eight percent (38%) of the qualified electors of the annexed area, as shown on county voter registration records, sign a petition requesting a local option election, the county clerk shall determine the sufficiency of the petition within ten (10) days of the filing of the petition.

(B) If the county clerk verifies that thirty-eight percent (38%) of the qualified electors of the annexed area have signed the petition, the county clerk shall certify that finding to the county board of election commissioners.

(C) The question shall be placed upon the ballot in the annexed area at the next biennial November general election, as provided in § 3-8-101 .

(D) Any appeal of the order of the county court shall be taken in the manner provided by § 3-8-205(c) -(e).

(4) (A) The election shall be conducted in the manner provided by § 3-8-206(a) and (b) . (B) Upon petition of fifteen percent (15%) of the interested legal voters in the annexed area, within ten (10) days after the date of the election, the county board of election commissioners shall immediately recount the votes and declare the result of the election as determined by the recount. (C) Within twenty (20) days after the election, the county court shall make and enter of record its order declaring the result of the election. (D) The costs of any elections held under this subchapter shall be paid by the county in the same manner as other costs of general elections.

(A) The election shall be conducted in the manner provided by § 3-8-206(a) and (b) .

(B) Upon petition of fifteen percent (15%) of the interested legal voters in the annexed area, within ten (10) days after the date of the election, the county board of election commissioners shall immediately recount the votes and declare the result of the election as determined by the recount.

(C) Within twenty (20) days after the election, the county court shall make and enter of record its order declaring the result of the election.

(D) The costs of any elections held under this subchapter shall be paid by the county in the same manner as other costs of general elections.

(5) Upon petition of fifteen percent (15%) of the interested legal voters in the annexed area filed with the circuit clerk of the county in which proceedings are pending, the circuit court shall immediately by mandamus compel the county court or other officials to perform the duties imposed upon them under this section.

(b) (1) If, at the local option election, a majority of the electors of the annexed area vote for the issuance of off-premises retail beer permits and off-premises Arkansas native wine retail permits within the annexed area, the Director of the Alcoholic Beverage Control Division may issue off-premises retail beer permits and off-premises Arkansas native wine retail permits within the annexed area. (2) If a majority of the electors of the annexed area vote against the issuance of off-premises retail beer permits and off-premises Arkansas native wine retail permits, it shall be unlawful for the director or any county or municipal officer to issue any off-premises retail beer permit or off-premises Arkansas native wine retail permit until the prohibition shall be repealed by a majority vote as provided in this section. (3) At least four (4) years shall elapse before another local option election may be held in the annexed area.

(1) If, at the local option election, a majority of the electors of the annexed area vote for the issuance of off-premises retail beer permits and off-premises Arkansas native wine retail permits within the annexed area, the Director of the Alcoholic Beverage Control Division may issue off-premises retail beer permits and off-premises Arkansas native wine retail permits within the annexed area.

(2) If a majority of the electors of the annexed area vote against the issuance of off-premises retail beer permits and off-premises Arkansas native wine retail permits, it shall be unlawful for the director or any county or municipal officer to issue any off-premises retail beer permit or off-premises Arkansas native wine retail permit until the prohibition shall be repealed by a majority vote as provided in this section.

(3) At least four (4) years shall elapse before another local option election may be held in the annexed area.

(c) Except as provided in this section, a petition for local option election shall be governed by § 7-9-101 et seq. and § 3-8-801 et seq.

Amended by Act 2013, No. 1432,§ 6, eff. 8/16/2013.

Amended by Act 2013, No. 1432,§ 5, eff. 8/16/2013.

Acts 2005, No. 1258, § 1.
Ark. Code Ann. § 3-8-317 — AR Code / Title 3 / Chapter 8 / Subchapter 3 / Section 3-8-317
Wholesale of intoxicating liquor in prohibited territory
Status: in_force

(a) (1) It shall be unlawful to sell by wholesale any spirituous, vinous, malt, or other intoxicating liquor, regardless of the name by which it is called, except manufacturers selling liquor of their own make at the place of manufacture to a wholesale dealer or a licensed retail dealer, in any county, city, town, district, or precinct where the sale of liquor has been prohibited by vote of the people under the local option law. (2) (A) A licensed wholesaler may maintain an alcoholic beverage storage facility in a county, city, town, district, or precinct where the sale of liquor has been prohibited when the storage facility is located in the same county as the wholesaler's licensed distributorship. (B) A storage facility permitted under subdivision (a)(2)(A) of this section is subject to inspection and approval of the Alcoholic Beverage Control Division. (b) Any person violating this act shall be deemed guilty of violating the local option law and shall be subject to trial and punishment according to the provisions of the local option law and its amendments. Amended by Act 2013, No. 305,§ 1, eff. 8/16/2013. Acts 1935, No. 108, Art. 7, § 8; Pope's Dig., § 14154; A.S.A. 1947, § 48-814.

(a) (1) It shall be unlawful to sell by wholesale any spirituous, vinous, malt, or other intoxicating liquor, regardless of the name by which it is called, except manufacturers selling liquor of their own make at the place of manufacture to a wholesale dealer or a licensed retail dealer, in any county, city, town, district, or precinct where the sale of liquor has been prohibited by vote of the people under the local option law. (2) (A) A licensed wholesaler may maintain an alcoholic beverage storage facility in a county, city, town, district, or precinct where the sale of liquor has been prohibited when the storage facility is located in the same county as the wholesaler's licensed distributorship. (B) A storage facility permitted under subdivision (a)(2)(A) of this section is subject to inspection and approval of the Alcoholic Beverage Control Division.

(1) It shall be unlawful to sell by wholesale any spirituous, vinous, malt, or other intoxicating liquor, regardless of the name by which it is called, except manufacturers selling liquor of their own make at the place of manufacture to a wholesale dealer or a licensed retail dealer, in any county, city, town, district, or precinct where the sale of liquor has been prohibited by vote of the people under the local option law.

(2) (A) A licensed wholesaler may maintain an alcoholic beverage storage facility in a county, city, town, district, or precinct where the sale of liquor has been prohibited when the storage facility is located in the same county as the wholesaler's licensed distributorship. (B) A storage facility permitted under subdivision (a)(2)(A) of this section is subject to inspection and approval of the Alcoholic Beverage Control Division.

(A) A licensed wholesaler may maintain an alcoholic beverage storage facility in a county, city, town, district, or precinct where the sale of liquor has been prohibited when the storage facility is located in the same county as the wholesaler's licensed distributorship.

(B) A storage facility permitted under subdivision (a)(2)(A) of this section is subject to inspection and approval of the Alcoholic Beverage Control Division.

(b) Any person violating this act shall be deemed guilty of violating the local option law and shall be subject to trial and punishment according to the provisions of the local option law and its amendments.

Amended by Act 2013, No. 305,§ 1, eff. 8/16/2013.

Acts 1935, No. 108, Art. 7, § 8; Pope's Dig., § 14154; A.S.A. 1947, § 48-814.
Ark. Code Ann. § 3-5-1206 — AR Code / Title 3 / Chapter 5 / Subchapter 12 / Section 3-5-1206
Licenses - Application
Status: in_force

No microbrewery-restaurant license shall be issued unless the applicant shall file with the Director of the Alcoholic Beverage Control Division a verified application, in such form and with such content as the director shall require, accompanied by payment of the applicable fee. Acts 1991, No. 611, § 1.

No microbrewery-restaurant license shall be issued unless the applicant shall file with the Director of the Alcoholic Beverage Control Division a verified application, in such form and with such content as the director shall require, accompanied by payment of the applicable fee.

Acts 1991, No. 611, § 1.
Ark. Code Ann. § 3-4-407 — AR Code / Title 3 / Chapter 4 / Subchapter 4 / Section 3-4-407
Violation of local closing hours laws
Status: in_force

(a) The General Assembly, by legislation, and the Alcoholic Beverage Control Division, by rule, have created general closing hours for establishments which sell or dispense alcoholic beverages. However, the General Assembly and the division have also given the power to local city governments or local county quorum courts to adopt hours of operation which are more restrictive than the general hours of operation stated for certain permits issued by the division. It is recognized that it is more convenient for local authorities to change local ordinances on a basis that can be more frequent than the basis with which the General Assembly meets or the division adopts rules. For that reason, local control of these issues, as allowed by Code sections and regulations, is desirable. It is also recognized that when a city or county adopts a more restrictive law in this area it is unnecessary and burdensome for the city or county to notify the division each time that a modification is made to local laws, and for this reason enforcement of more restrictive ordinances should be by local law enforcement personnel who are attached to the jurisdiction which creates the more restrictive hours-of-operations law. (b) It is hereby provided that when any permittee of the division is cited with a violation of any local closing hour ordinance adopted by a city government or a county government, that violation of an ordinance which is more restrictive than provided for by the state shall be punishable by a fine of one hundred dollars ($100) to five hundred dollars ($500) and that violation shall not be considered to be an administrative violation against the permit issued by the division. (c) Enforcement of the more restrictive local ordinances and the issuance of citations for violations thereof shall be by local law enforcement officers within the jurisdiction where such ordinance is in effect. Such citations shall be heard only in a local court of competent jurisdiction. Amended by Act 2019, No. 315,§ 50, eff. 7/24/2019. Acts 1999, No. 305, § 1.

(a) The General Assembly, by legislation, and the Alcoholic Beverage Control Division, by rule, have created general closing hours for establishments which sell or dispense alcoholic beverages. However, the General Assembly and the division have also given the power to local city governments or local county quorum courts to adopt hours of operation which are more restrictive than the general hours of operation stated for certain permits issued by the division. It is recognized that it is more convenient for local authorities to change local ordinances on a basis that can be more frequent than the basis with which the General Assembly meets or the division adopts rules. For that reason, local control of these issues, as allowed by Code sections and regulations, is desirable. It is also recognized that when a city or county adopts a more restrictive law in this area it is unnecessary and burdensome for the city or county to notify the division each time that a modification is made to local laws, and for this reason enforcement of more restrictive ordinances should be by local law enforcement personnel who are attached to the jurisdiction which creates the more restrictive hours-of-operations law.

(b) It is hereby provided that when any permittee of the division is cited with a violation of any local closing hour ordinance adopted by a city government or a county government, that violation of an ordinance which is more restrictive than provided for by the state shall be punishable by a fine of one hundred dollars ($100) to five hundred dollars ($500) and that violation shall not be considered to be an administrative violation against the permit issued by the division.

(c) Enforcement of the more restrictive local ordinances and the issuance of citations for violations thereof shall be by local law enforcement officers within the jurisdiction where such ordinance is in effect. Such citations shall be heard only in a local court of competent jurisdiction.

Amended by Act 2019, No. 315,§ 50, eff. 7/24/2019.

Acts 1999, No. 305, § 1.
Ark. Code Ann. § 3-3-309 — AR Code / Title 3 / Chapter 3 / Subchapter 3 / Section 3-3-309
Procuring liquor for another
Status: in_force

(a) (1) It shall be unlawful for any person to either directly or indirectly procure or purchase for another in any district or territory where they are prohibited by law: (A) Any alcohol or spirituous, ardent, vinous, malt, or fermented liquors; (B) Any compound or preparation thereof commonly called tonics, bitters, or medicated liquors; or (C) Intoxicating spirits of any character. (2) However, this section shall not prohibit one (1) person from buying for another from a licensed dealer. (b) Any person who shall violate any of the provisions of this section shall be guilty of a violation and fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Acts 1899, No. 191, §§ 1, 2, p. 335; C. & M. Dig., §§ 6163, 6164; A.S.A. 1947, §§ 48-914, 48-915; Acts 2005, No. 1994, § 30.

(a) (1) It shall be unlawful for any person to either directly or indirectly procure or purchase for another in any district or territory where they are prohibited by law: (A) Any alcohol or spirituous, ardent, vinous, malt, or fermented liquors; (B) Any compound or preparation thereof commonly called tonics, bitters, or medicated liquors; or (C) Intoxicating spirits of any character. (2) However, this section shall not prohibit one (1) person from buying for another from a licensed dealer.

(1) It shall be unlawful for any person to either directly or indirectly procure or purchase for another in any district or territory where they are prohibited by law: (A) Any alcohol or spirituous, ardent, vinous, malt, or fermented liquors; (B) Any compound or preparation thereof commonly called tonics, bitters, or medicated liquors; or (C) Intoxicating spirits of any character.

(A) Any alcohol or spirituous, ardent, vinous, malt, or fermented liquors;

(B) Any compound or preparation thereof commonly called tonics, bitters, or medicated liquors; or

(C) Intoxicating spirits of any character.

(2) However, this section shall not prohibit one (1) person from buying for another from a licensed dealer.

(b) Any person who shall violate any of the provisions of this section shall be guilty of a violation and fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

Acts 1899, No. 191, §§ 1, 2, p. 335; C. & M. Dig., §§ 6163, 6164; A.S.A. 1947, §§ 48-914, 48-915; Acts 2005, No. 1994, § 30.
Ark. Code Ann. § 3-9-242 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-242
Dispensing machine - Definition
Status: in_force

(a) As used in this section, "spirituous liquors" means mixed drinks or specialty drinks that are made by the permit holder at the premises. (b) Notwithstanding the provisions of § 3-4-404(15) concerning vending machine sales, an on-premises consumption permit holder may sell controlled beverages via a dispensing machine located on the premises if: (1) The dispensing machine is not located at a customer's booth or table; (2) The customer activates the dispensing machine with a radio-frequency identification device supplied by: (A) The on-premises consumption permit holder; or (B) A clerk, servant, agent, or employee of the on-premises consumption permit holder; (3) The radio-frequency identification device under subdivision (b)(2) of this section is attached to the customer at all times; (4) The dispensing machine does not dispense more than the following before the radio-frequency identification device under subdivision (b)(2) of this section requires reactivation by the on-premises consumption permit holder or a clerk, servant, agent, or employee of the on-premises consumption permit holder: (A) Thirty-two ounces (32 oz.) of beer; (B) Twelve ounces (12 oz.) of wine; (C) Ten ounces (10 oz.) of spirituous liquors; or (D) Three ounces (3 oz.) of unmixed spirits; (5) The on-premises consumption permit holder or a clerk, servant, agent, or employee of the on-premises consumption permit holder monitors the sale, service, and consumption of beer, wine, spirituous liquors, or unmixed spirits from the dispensing machine to ensure compliance with this title and the rules promulgated under this title; and (6) An on-premises consumption permit holder or a clerk, servant, agent, or employee of the on-premises consumption permit holder that supplies a radio-frequency identification device under subdivision (b)(2) of this section or reactivates a radio-frequency identification device under subdivision (b)(4) of this section shall comply with § 3-9-236 . Added by Act 2023, No. 705,§ 2, eff. 8/1/2023.

(a) As used in this section, "spirituous liquors" means mixed drinks or specialty drinks that are made by the permit holder at the premises.

(b) Notwithstanding the provisions of § 3-4-404(15) concerning vending machine sales, an on-premises consumption permit holder may sell controlled beverages via a dispensing machine located on the premises if: (1) The dispensing machine is not located at a customer's booth or table; (2) The customer activates the dispensing machine with a radio-frequency identification device supplied by: (A) The on-premises consumption permit holder; or (B) A clerk, servant, agent, or employee of the on-premises consumption permit holder; (3) The radio-frequency identification device under subdivision (b)(2) of this section is attached to the customer at all times; (4) The dispensing machine does not dispense more than the following before the radio-frequency identification device under subdivision (b)(2) of this section requires reactivation by the on-premises consumption permit holder or a clerk, servant, agent, or employee of the on-premises consumption permit holder: (A) Thirty-two ounces (32 oz.) of beer; (B) Twelve ounces (12 oz.) of wine; (C) Ten ounces (10 oz.) of spirituous liquors; or (D) Three ounces (3 oz.) of unmixed spirits; (5) The on-premises consumption permit holder or a clerk, servant, agent, or employee of the on-premises consumption permit holder monitors the sale, service, and consumption of beer, wine, spirituous liquors, or unmixed spirits from the dispensing machine to ensure compliance with this title and the rules promulgated under this title; and (6) An on-premises consumption permit holder or a clerk, servant, agent, or employee of the on-premises consumption permit holder that supplies a radio-frequency identification device under subdivision (b)(2) of this section or reactivates a radio-frequency identification device under subdivision (b)(4) of this section shall comply with § 3-9-236 .

(1) The dispensing machine is not located at a customer's booth or table;

(2) The customer activates the dispensing machine with a radio-frequency identification device supplied by: (A) The on-premises consumption permit holder; or (B) A clerk, servant, agent, or employee of the on-premises consumption permit holder;

(A) The on-premises consumption permit holder; or

(B) A clerk, servant, agent, or employee of the on-premises consumption permit holder;

(3) The radio-frequency identification device under subdivision (b)(2) of this section is attached to the customer at all times;

(4) The dispensing machine does not dispense more than the following before the radio-frequency identification device under subdivision (b)(2) of this section requires reactivation by the on-premises consumption permit holder or a clerk, servant, agent, or employee of the on-premises consumption permit holder: (A) Thirty-two ounces (32 oz.) of beer; (B) Twelve ounces (12 oz.) of wine; (C) Ten ounces (10 oz.) of spirituous liquors; or (D) Three ounces (3 oz.) of unmixed spirits;

(A) Thirty-two ounces (32 oz.) of beer;

(B) Twelve ounces (12 oz.) of wine;

(C) Ten ounces (10 oz.) of spirituous liquors; or

(D) Three ounces (3 oz.) of unmixed spirits;

(5) The on-premises consumption permit holder or a clerk, servant, agent, or employee of the on-premises consumption permit holder monitors the sale, service, and consumption of beer, wine, spirituous liquors, or unmixed spirits from the dispensing machine to ensure compliance with this title and the rules promulgated under this title; and

(6) An on-premises consumption permit holder or a clerk, servant, agent, or employee of the on-premises consumption permit holder that supplies a radio-frequency identification device under subdivision (b)(2) of this section or reactivates a radio-frequency identification device under subdivision (b)(4) of this section shall comply with § 3-9-236 .

Added by Act 2023, No. 705,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 3-2-214 — AR Code / Title 3 / Chapter 2 / Subchapter 2 / Section 3-2-214
Denial, suspension, or revocation of license - Review by board on own motion
Status: in_force

(a) The Alcoholic Beverage Control Board is authorized on its own motion to review any action of the Director of the Alcoholic Beverage Control Division in granting or failing to grant, renewing or failing to renew, revoking or suspending, or failing to revoke or suspend upon complaint, any permit and, upon review, to set aside any action of the director in any of these respects. (b) Any action by the director in any of these respects shall not become effective until the day following the next meeting of the board following the action by the director, and then only if the board fails to make a motion to exercise its right of review. Acts 1953, No. 109, § 1; A.S.A. 1947, § 48-1314.1.

(a) The Alcoholic Beverage Control Board is authorized on its own motion to review any action of the Director of the Alcoholic Beverage Control Division in granting or failing to grant, renewing or failing to renew, revoking or suspending, or failing to revoke or suspend upon complaint, any permit and, upon review, to set aside any action of the director in any of these respects.

(b) Any action by the director in any of these respects shall not become effective until the day following the next meeting of the board following the action by the director, and then only if the board fails to make a motion to exercise its right of review.

Acts 1953, No. 109, § 1; A.S.A. 1947, § 48-1314.1.
Ark. Code Ann. § 3-3-215 — AR Code / Title 3 / Chapter 3 / Subchapter 2 / Section 3-3-215
Obtaining federal license without state license
Status: in_force

(a) Any person within this state who has had issued to him or her a current federal license to sell liquor or beer in Arkansas and who has not had issued a current state license to sell liquor or beer shall be guilty of a misdemeanor and upon conviction shall be fined in any amount not less than one hundred dollars ($100) nor more than five hundred dollars ($500). (b) In any criminal prosecution under this section, the introduction of a certified copy or microfilm of a current federal license to sell beer or liquor in this state shall be prima facie evidence that the licensee is possessing beer or liquor in this state for sale unlawfully. Acts 1949, No. 241, §§ 1, 2; A.S.A. 1947, §§ 48-948, 48-949.

(a) Any person within this state who has had issued to him or her a current federal license to sell liquor or beer in Arkansas and who has not had issued a current state license to sell liquor or beer shall be guilty of a misdemeanor and upon conviction shall be fined in any amount not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

(b) In any criminal prosecution under this section, the introduction of a certified copy or microfilm of a current federal license to sell beer or liquor in this state shall be prima facie evidence that the licensee is possessing beer or liquor in this state for sale unlawfully.

Acts 1949, No. 241, §§ 1, 2; A.S.A. 1947, §§ 48-948, 48-949.
Ark. Code Ann. § 3-8-707 — AR Code / Title 3 / Chapter 8 / Subchapter 7 / Section 3-8-707
Financial reports - Verification
Status: in_force

The financial reports identified in § 3-8-706 shall be verified by affidavit by the person filing them to the effect that to the best of his or her knowledge and belief the information disclosed is a complete, true, and accurate financial statement of contributions or expenditures. Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.

The financial reports identified in § 3-8-706 shall be verified by affidavit by the person filing them to the effect that to the best of his or her knowledge and belief the information disclosed is a complete, true, and accurate financial statement of contributions or expenditures.

Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 3-8-208 — AR Code / Title 3 / Chapter 8 / Subchapter 2 / Section 3-8-208
Election results - Effects
Status: in_force

(a) If the majority of the electors voting on the issue at the election vote for the manufacture or sale of intoxicating liquors, then it shall be lawful for the Director of the Alcoholic Beverage Control Division to continue to issue licenses or permits for such manufacture or sale within the designated territory as if no election had been held. (b) If a majority of the electors voting at the election vote against the manufacture or sale of intoxicating liquors, then it shall be unlawful for the director or any county or municipal official to issue any license or permit for the manufacture, sale, barter, loan, or giving away of any intoxicating liquor as defined in this subchapter unless and until the prohibition shall be repealed by a majority vote as provided for in §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 . (c) In either case, a period of at least four (4) years shall elapse before another election on the same subject may be held in the territory affected. (d) If a majority of electors voting on the issue at any such election vote against the manufacture or sale of intoxicating liquors, any license or permit which has already been issued, authorizing the manufacturing or sale or the bartering, loaning, or giving away of intoxicating liquor within the territory affected shall be immediately cancelled, and the unearned part of the license or permit fee shall be returned. It shall then be unlawful for any person, firm, or corporation to manufacture, sell, barter, loan, or give away any intoxicating liquor within the territory covered by the petition. Init. Meas. 1942, No. 1, § 2, Acts 1943, p. 998; Acts 1985, No. 266, § 2; A.S.A. 1947, § 48-802.

(a) If the majority of the electors voting on the issue at the election vote for the manufacture or sale of intoxicating liquors, then it shall be lawful for the Director of the Alcoholic Beverage Control Division to continue to issue licenses or permits for such manufacture or sale within the designated territory as if no election had been held.

(b) If a majority of the electors voting at the election vote against the manufacture or sale of intoxicating liquors, then it shall be unlawful for the director or any county or municipal official to issue any license or permit for the manufacture, sale, barter, loan, or giving away of any intoxicating liquor as defined in this subchapter unless and until the prohibition shall be repealed by a majority vote as provided for in §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 .

(c) In either case, a period of at least four (4) years shall elapse before another election on the same subject may be held in the territory affected.

(d) If a majority of electors voting on the issue at any such election vote against the manufacture or sale of intoxicating liquors, any license or permit which has already been issued, authorizing the manufacturing or sale or the bartering, loaning, or giving away of intoxicating liquor within the territory affected shall be immediately cancelled, and the unearned part of the license or permit fee shall be returned. It shall then be unlawful for any person, firm, or corporation to manufacture, sell, barter, loan, or give away any intoxicating liquor within the territory covered by the petition.

Init. Meas. 1942, No. 1, § 2, Acts 1943, p. 998; Acts 1985, No. 266, § 2; A.S.A. 1947, § 48-802.
Ark. Code Ann. § 3-6-104 — AR Code / Title 3 / Chapter 6 / Section 3-6-104
Permits
Status: in_force

(a) Upon application by any qualified person, the Alcoholic Beverage Control Division or any successor thereof performing its functions as now defined by law shall issue to the person a manufacturer's permit which shall authorize and permit the person to manufacture and sell, under the terms and provisions hereof, brandy, cordials, or other distillates or component parts thereof manufactured from agricultural or horticultural products produced solely within the State of Arkansas. (b) However, no permit shall be granted to any person, firm, or corporation who shall not have been or whose members or all the stockholders thereof shall not have been a citizen and resident maintaining bona fide residence and domicile within the state for a continuous period of five (5) years next preceding the date of making such application. (c) A permit application shall be accompanied by a permit fee of two hundred fifty dollars ($250) for the issuance of such permit. (d) When the permit is issued, it shall be without an expiration date. (e) So long as the permit shall remain in full force and effect, the holder shall pay an annual permit fee of two hundred fifty dollars ($250). (f) The permit shall be cancelled only upon reasonable cause after hearing in the manner now provided by law. (g) The permit shall not be transferable. (h) The holder of a permit shall be authorized to manufacture the products defined in § 3-6-102 and to sell them without the necessity of obtaining any further license or permit to the holders of bona fide wholesale or retail liquor permits issued in the manner now provided by law and may sell the products to the holders of permits to manufacture native wines in this state. Manufacturers shall be authorized to sell such products at retail on the premises of the authorized place of manufacture. Amended by Act 2021, No. 409,§ 1, eff. 7/28/2021. Acts 1953, No. 163, §§ 3-5; A.S.A. 1947, §§ 48-708 -- 48-710; Acts 1993, No. 1028, § 1.

(a) Upon application by any qualified person, the Alcoholic Beverage Control Division or any successor thereof performing its functions as now defined by law shall issue to the person a manufacturer's permit which shall authorize and permit the person to manufacture and sell, under the terms and provisions hereof, brandy, cordials, or other distillates or component parts thereof manufactured from agricultural or horticultural products produced solely within the State of Arkansas.

(b) However, no permit shall be granted to any person, firm, or corporation who shall not have been or whose members or all the stockholders thereof shall not have been a citizen and resident maintaining bona fide residence and domicile within the state for a continuous period of five (5) years next preceding the date of making such application.

(c) A permit application shall be accompanied by a permit fee of two hundred fifty dollars ($250) for the issuance of such permit.

(d) When the permit is issued, it shall be without an expiration date.

(e) So long as the permit shall remain in full force and effect, the holder shall pay an annual permit fee of two hundred fifty dollars ($250).

(f) The permit shall be cancelled only upon reasonable cause after hearing in the manner now provided by law.

(g) The permit shall not be transferable.

(h) The holder of a permit shall be authorized to manufacture the products defined in § 3-6-102 and to sell them without the necessity of obtaining any further license or permit to the holders of bona fide wholesale or retail liquor permits issued in the manner now provided by law and may sell the products to the holders of permits to manufacture native wines in this state. Manufacturers shall be authorized to sell such products at retail on the premises of the authorized place of manufacture.

Amended by Act 2021, No. 409,§ 1, eff. 7/28/2021.

Acts 1953, No. 163, §§ 3-5; A.S.A. 1947, §§ 48-708 -- 48-710; Acts 1993, No. 1028, § 1.
Ark. Code Ann. § 3-8-703 — AR Code / Title 3 / Chapter 8 / Subchapter 7 / Section 3-8-703
Filing deadlines
Status: in_force

(a) (1) (A) A local-option ballot question committee shall file a Local-Option Ballot Question Committee Statement of Organization with the Arkansas Ethics Commission within five (5) days of receiving contributions or making expenditures in excess of five hundred dollars ($500) for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question. (B) The commission shall maintain the statement of organization until notified of the committee's dissolution. (2) A local-option ballot question committee failing to file a statement of organization required by this section shall be subject to a late filing fee not to exceed fifty dollars ($50.00) for each day the statement remains not filed. (b) The statement of organization for a local-option ballot question committee as defined in § 3-8-702(7)(A) shall include the following information: (1) (A) The name, the street address, and if available, the telephone number of the committee. (B) A committee address and telephone number may be that of the residence of an officer or a director of the committee; (2) The name, street address, and if available, the telephone number of the treasurer and other principal officers and directors of the committee; (3) The name and address of each financial institution in which the committee deposits money or anything else of monetary value; (4) The name of each person who is a member of the committee. A person that is not an individual may be listed by its name without also listing its own members, if any; and (5) A brief statement identifying the substance of each ballot question, the qualification, disqualification, passage, or defeat of which the committee seeks to influence or of each legislative question, the passage or defeat of which the committee seeks to influence, and if known, the date each ballot or legislative question shall be presented to a popular vote at an election. (c) The statement of organization for a local-option ballot question committee as defined in § 3-8-702(7)(B) shall include the following information: (1) (A) The name, the street address, and if available, the telephone number of the committee. (B) A committee's address and telephone number may be that of the residence of an officer or a director of the committee; (2) The name, street address, and where available, the telephone number of the treasurer and the other principal officers and directors of the committee; (3) The name and address of each financial institution in which the committee deposits money or anything else of monetary value; (4) The name of each person who is a member of the committee. A person that is not an individual may be listed by its name without also listing its own members, if any; and (5) A brief statement identifying the substance of each ballot question, the qualification, disqualification, passage, or defeat of which the committee seeks to influence, and if known, the date each ballot or legislative question shall be presented to a popular vote at an election. (d) Rules regarding dissolution shall be governed by the rule of the commission. (e) (1) Upon dissolution, a local-option ballot question committee shall notify the commission of the dissolution in writing. (2) Any remaining funds on hand at the time of dissolution shall be turned over to: (A) The Treasurer of State for the benefit of the General Revenue Fund Account of the State Apportionment Fund; (B) An organized political party as defined in § 7-1-101 or a political party caucus of the General Assembly, the Senate, or the House of Representatives; (C) A nonprofit organization that is exempt from taxation under the Internal Revenue Code, 26 U.S.C. § 501(c)(3) ; (D) Cities of the first class, cities of the second class, or incorporated towns; or (E) The contributors to the local-option ballot question committee. Amended by Act 2017, No. 721,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 226,§ 2, eff. 7/22/2015. Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.

(a) (1) (A) A local-option ballot question committee shall file a Local-Option Ballot Question Committee Statement of Organization with the Arkansas Ethics Commission within five (5) days of receiving contributions or making expenditures in excess of five hundred dollars ($500) for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question. (B) The commission shall maintain the statement of organization until notified of the committee's dissolution. (2) A local-option ballot question committee failing to file a statement of organization required by this section shall be subject to a late filing fee not to exceed fifty dollars ($50.00) for each day the statement remains not filed.

(1) (A) A local-option ballot question committee shall file a Local-Option Ballot Question Committee Statement of Organization with the Arkansas Ethics Commission within five (5) days of receiving contributions or making expenditures in excess of five hundred dollars ($500) for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question. (B) The commission shall maintain the statement of organization until notified of the committee's dissolution.

(A) A local-option ballot question committee shall file a Local-Option Ballot Question Committee Statement of Organization with the Arkansas Ethics Commission within five (5) days of receiving contributions or making expenditures in excess of five hundred dollars ($500) for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question.

(B) The commission shall maintain the statement of organization until notified of the committee's dissolution.

(2) A local-option ballot question committee failing to file a statement of organization required by this section shall be subject to a late filing fee not to exceed fifty dollars ($50.00) for each day the statement remains not filed.

(b) The statement of organization for a local-option ballot question committee as defined in § 3-8-702(7)(A) shall include the following information: (1) (A) The name, the street address, and if available, the telephone number of the committee. (B) A committee address and telephone number may be that of the residence of an officer or a director of the committee; (2) The name, street address, and if available, the telephone number of the treasurer and other principal officers and directors of the committee; (3) The name and address of each financial institution in which the committee deposits money or anything else of monetary value; (4) The name of each person who is a member of the committee. A person that is not an individual may be listed by its name without also listing its own members, if any; and (5) A brief statement identifying the substance of each ballot question, the qualification, disqualification, passage, or defeat of which the committee seeks to influence or of each legislative question, the passage or defeat of which the committee seeks to influence, and if known, the date each ballot or legislative question shall be presented to a popular vote at an election.

(1) (A) The name, the street address, and if available, the telephone number of the committee. (B) A committee address and telephone number may be that of the residence of an officer or a director of the committee;

(A) The name, the street address, and if available, the telephone number of the committee.

(B) A committee address and telephone number may be that of the residence of an officer or a director of the committee;

(2) The name, street address, and if available, the telephone number of the treasurer and other principal officers and directors of the committee;

(3) The name and address of each financial institution in which the committee deposits money or anything else of monetary value;

(4) The name of each person who is a member of the committee. A person that is not an individual may be listed by its name without also listing its own members, if any; and

(5) A brief statement identifying the substance of each ballot question, the qualification, disqualification, passage, or defeat of which the committee seeks to influence or of each legislative question, the passage or defeat of which the committee seeks to influence, and if known, the date each ballot or legislative question shall be presented to a popular vote at an election.

(c) The statement of organization for a local-option ballot question committee as defined in § 3-8-702(7)(B) shall include the following information: (1) (A) The name, the street address, and if available, the telephone number of the committee. (B) A committee's address and telephone number may be that of the residence of an officer or a director of the committee; (2) The name, street address, and where available, the telephone number of the treasurer and the other principal officers and directors of the committee; (3) The name and address of each financial institution in which the committee deposits money or anything else of monetary value; (4) The name of each person who is a member of the committee. A person that is not an individual may be listed by its name without also listing its own members, if any; and (5) A brief statement identifying the substance of each ballot question, the qualification, disqualification, passage, or defeat of which the committee seeks to influence, and if known, the date each ballot or legislative question shall be presented to a popular vote at an election.

(1) (A) The name, the street address, and if available, the telephone number of the committee. (B) A committee's address and telephone number may be that of the residence of an officer or a director of the committee;

(A) The name, the street address, and if available, the telephone number of the committee.

(B) A committee's address and telephone number may be that of the residence of an officer or a director of the committee;

(2) The name, street address, and where available, the telephone number of the treasurer and the other principal officers and directors of the committee;

(3) The name and address of each financial institution in which the committee deposits money or anything else of monetary value;

(4) The name of each person who is a member of the committee. A person that is not an individual may be listed by its name without also listing its own members, if any; and

(5) A brief statement identifying the substance of each ballot question, the qualification, disqualification, passage, or defeat of which the committee seeks to influence, and if known, the date each ballot or legislative question shall be presented to a popular vote at an election.

(d) Rules regarding dissolution shall be governed by the rule of the commission.

(e) (1) Upon dissolution, a local-option ballot question committee shall notify the commission of the dissolution in writing. (2) Any remaining funds on hand at the time of dissolution shall be turned over to: (A) The Treasurer of State for the benefit of the General Revenue Fund Account of the State Apportionment Fund; (B) An organized political party as defined in § 7-1-101 or a political party caucus of the General Assembly, the Senate, or the House of Representatives; (C) A nonprofit organization that is exempt from taxation under the Internal Revenue Code, 26 U.S.C. § 501(c)(3) ; (D) Cities of the first class, cities of the second class, or incorporated towns; or (E) The contributors to the local-option ballot question committee.

(1) Upon dissolution, a local-option ballot question committee shall notify the commission of the dissolution in writing.

(2) Any remaining funds on hand at the time of dissolution shall be turned over to: (A) The Treasurer of State for the benefit of the General Revenue Fund Account of the State Apportionment Fund; (B) An organized political party as defined in § 7-1-101 or a political party caucus of the General Assembly, the Senate, or the House of Representatives; (C) A nonprofit organization that is exempt from taxation under the Internal Revenue Code, 26 U.S.C. § 501(c)(3) ; (D) Cities of the first class, cities of the second class, or incorporated towns; or (E) The contributors to the local-option ballot question committee.

(A) The Treasurer of State for the benefit of the General Revenue Fund Account of the State Apportionment Fund;

(B) An organized political party as defined in § 7-1-101 or a political party caucus of the General Assembly, the Senate, or the House of Representatives;

(C) A nonprofit organization that is exempt from taxation under the Internal Revenue Code, 26 U.S.C. § 501(c)(3) ;

(D) Cities of the first class, cities of the second class, or incorporated towns; or

(E) The contributors to the local-option ballot question committee.

Amended by Act 2017, No. 721,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 226,§ 2, eff. 7/22/2015.

Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 3-4-216 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-216
Renewal
Status: in_force

(a) All permits issued by the Alcoholic Beverage Control Division authorizing the dispensing, sale, or manufacture of alcoholic beverages are renewable on or before June 30 of each calendar year for the fiscal year beginning July 1. (b) Any person holding a permit who desires to renew the permit after June 30 shall be required to pay a late renewal penalty in the amount of one half (½) of the required yearly renewal fee for the permit for each sixty-day period, or any portion thereof, after June 30, wherein the renewal is tendered, in addition to the amount of the yearly fee. (c) Division permits may be renewed late by paying the stated penalty beginning July 1 and ending October 28 of each fiscal year. (d) No permit shall be renewed by the division for the current fiscal year after October 28. (e) No permit or license issued by the Alcoholic Beverage Control Board to sell intoxicating liquor, beer, or any other form of alcoholic beverage shall be renewed by the division for a permit or license holder who is delinquent more than ninety (90) days on any alcoholic beverage sales tax, excise tax, supplemental mixed drink tax, or any other taxes relating to the sale or dispensation of alcoholic beverages, or any state and local gross receipts or compensating use taxes. Acts 1983, No. 420, § 1; A.S.A. 1947, § 48-313.1; Acts 1989, No. 300, § 1; 1993, No. 779, § 3; 1997, No. 1010, § 1; 1997, No. 1060, § 1; 1999, No. 319, § 1.

(a) All permits issued by the Alcoholic Beverage Control Division authorizing the dispensing, sale, or manufacture of alcoholic beverages are renewable on or before June 30 of each calendar year for the fiscal year beginning July 1.

(b) Any person holding a permit who desires to renew the permit after June 30 shall be required to pay a late renewal penalty in the amount of one half (½) of the required yearly renewal fee for the permit for each sixty-day period, or any portion thereof, after June 30, wherein the renewal is tendered, in addition to the amount of the yearly fee.

(c) Division permits may be renewed late by paying the stated penalty beginning July 1 and ending October 28 of each fiscal year.

(d) No permit shall be renewed by the division for the current fiscal year after October 28.

(e) No permit or license issued by the Alcoholic Beverage Control Board to sell intoxicating liquor, beer, or any other form of alcoholic beverage shall be renewed by the division for a permit or license holder who is delinquent more than ninety (90) days on any alcoholic beverage sales tax, excise tax, supplemental mixed drink tax, or any other taxes relating to the sale or dispensation of alcoholic beverages, or any state and local gross receipts or compensating use taxes.

Acts 1983, No. 420, § 1; A.S.A. 1947, § 48-313.1; Acts 1989, No. 300, § 1; 1993, No. 779, § 3; 1997, No. 1010, § 1; 1997, No. 1060, § 1; 1999, No. 319, § 1.
Ark. Code Ann. § 3-5-1503 — AR Code / Title 3 / Chapter 5 / Subchapter 15 / Section 3-5-1503
Disposition of auction proceeds
Status: in_force

The proceeds from the sale of wine sold at a charitable auction as authorized by this subchapter shall be deposited into the account of the charitable organization that holds the temporary wine charitable auction permit. Acts 2005, No. 1157, § 1.

The proceeds from the sale of wine sold at a charitable auction as authorized by this subchapter shall be deposited into the account of the charitable organization that holds the temporary wine charitable auction permit.

Acts 2005, No. 1157, § 1.
Ark. Code Ann. § 3-5-224 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-224
Disposition of funds
Status: in_force

All permits or license fees or taxes, penalties, fines, proceeds of all forfeitures, special inspection fees, and costs received by the Secretary of the Department of Finance and Administration under the provisions of this subchapter shall be general revenues and shall be deposited in the State Treasury to the credit of the State Apportionment Fund. The Treasurer of State shall allocate and transfer those revenues to the various State Treasury funds participating in general revenues in the respective proportions to each as provided by and to be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq. Amended by Act 2019, No. 910,§ 3311, eff. 7/1/2019. Acts 1933 (1st Ex. Sess.), No. 7, § 6, as added by 1953, No. 118, § 32(F); 1933 (1st Ex. Sess.), No. 7, § 16; Pope's Dig., §§ 14198, 14208; Acts 1957, No. 375, § 1, as added by 1953, No. 118, § 36(F), as added by 1971, No. 585, § 12; A.S.A. 1947, §§ 48-504, 48-505, 48-522.

All permits or license fees or taxes, penalties, fines, proceeds of all forfeitures, special inspection fees, and costs received by the Secretary of the Department of Finance and Administration under the provisions of this subchapter shall be general revenues and shall be deposited in the State Treasury to the credit of the State Apportionment Fund. The Treasurer of State shall allocate and transfer those revenues to the various State Treasury funds participating in general revenues in the respective proportions to each as provided by and to be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq.

Amended by Act 2019, No. 910,§ 3311, eff. 7/1/2019.

Acts 1933 (1st Ex. Sess.), No. 7, § 6, as added by 1953, No. 118, § 32(F); 1933 (1st Ex. Sess.), No. 7, § 16; Pope's Dig., §§ 14198, 14208; Acts 1957, No. 375, § 1, as added by 1953, No. 118, § 36(F), as added by 1971, No. 585, § 12; A.S.A. 1947, §§ 48-504, 48-505, 48-522.