Ark. Code Ann. § 3-7-205 — AR Code / Title 3 / Chapter 7 / Subchapter 2 / Section 3-7-205
Disposition of funds
Status: in_force

All taxes, interest, penalties, 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 the 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,§ 3340, eff. 7/1/2019. Acts 1951, No. 252, § 3; 1953, No. 118, § 32(D); A.S.A. 1947, § 48-411.

All taxes, interest, penalties, 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 the 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,§ 3340, eff. 7/1/2019.

Acts 1951, No. 252, § 3; 1953, No. 118, § 32(D); A.S.A. 1947, § 48-411.
Ark. Code Ann. § 3-5-1304 — AR Code / Title 3 / Chapter 5 / Subchapter 13 / Section 3-5-1304
Authorized transactions
Status: in_force

(a) The holder of a nonresident seller's permit is authorized to: (1) Solicit and take orders for beer or malt from a wholesale dealer and distributor; and (2) Ship or cause to be shipped into this state beer or malt in consummation of a sale made to a wholesale dealer or distributor. (b) Any other provisions of this title notwithstanding, the holder of a wholesaler support center permit is also authorized to: (1) Solicit and take orders for beer or malt from a wholesaler dealer and distributor; (2) Ship or cause to be shipped into this state to the premises of the wholesaler support center non-tax paid beer or malt for storage and resale to a wholesale dealer or distributor within or without this state; (3) Fill orders for beer or malt from in-state wholesale dealers or distributors provided that the receiving in-state wholesaler or distributor pays all applicable state taxes in the same manner as would apply had the wholesaler purchased from an out-of-state nonresident seller permit holder; (4) Pay to or compensate a wholesaler or distributor for rented or leased space within the wholesaler's premises for the storage of beer or malt within the confines of the wholesaler support center; and (5) Compensate a wholesaler or distributor for the loading, unloading and handling of beer or malt and for administrative and other expenses associated with operating the wholesaler support center on the wholesaler's premises. Acts 1995, No. 537, § 4; 1999, No. 96, § 3.

(a) The holder of a nonresident seller's permit is authorized to: (1) Solicit and take orders for beer or malt from a wholesale dealer and distributor; and (2) Ship or cause to be shipped into this state beer or malt in consummation of a sale made to a wholesale dealer or distributor.

(1) Solicit and take orders for beer or malt from a wholesale dealer and distributor; and

(2) Ship or cause to be shipped into this state beer or malt in consummation of a sale made to a wholesale dealer or distributor.

(b) Any other provisions of this title notwithstanding, the holder of a wholesaler support center permit is also authorized to: (1) Solicit and take orders for beer or malt from a wholesaler dealer and distributor; (2) Ship or cause to be shipped into this state to the premises of the wholesaler support center non-tax paid beer or malt for storage and resale to a wholesale dealer or distributor within or without this state; (3) Fill orders for beer or malt from in-state wholesale dealers or distributors provided that the receiving in-state wholesaler or distributor pays all applicable state taxes in the same manner as would apply had the wholesaler purchased from an out-of-state nonresident seller permit holder; (4) Pay to or compensate a wholesaler or distributor for rented or leased space within the wholesaler's premises for the storage of beer or malt within the confines of the wholesaler support center; and (5) Compensate a wholesaler or distributor for the loading, unloading and handling of beer or malt and for administrative and other expenses associated with operating the wholesaler support center on the wholesaler's premises.

(1) Solicit and take orders for beer or malt from a wholesaler dealer and distributor;

(2) Ship or cause to be shipped into this state to the premises of the wholesaler support center non-tax paid beer or malt for storage and resale to a wholesale dealer or distributor within or without this state;

(3) Fill orders for beer or malt from in-state wholesale dealers or distributors provided that the receiving in-state wholesaler or distributor pays all applicable state taxes in the same manner as would apply had the wholesaler purchased from an out-of-state nonresident seller permit holder;

(4) Pay to or compensate a wholesaler or distributor for rented or leased space within the wholesaler's premises for the storage of beer or malt within the confines of the wholesaler support center; and

(5) Compensate a wholesaler or distributor for the loading, unloading and handling of beer or malt and for administrative and other expenses associated with operating the wholesaler support center on the wholesaler's premises.

Acts 1995, No. 537, § 4; 1999, No. 96, § 3.
Ark. Code Ann. § 3-5-1309 — AR Code / Title 3 / Chapter 5 / Subchapter 13 / Section 3-5-1309
Investigation of permittees
Status: in_force

(a) If a representative of the Alcoholic Beverage Control Division or the Revenue Division of the Department of Finance and Administration wishes to examine the book accounts, records, minutes, letters, memoranda, documents, checks, telegrams, constitution and bylaws, or other records of a nonresident seller's permittee or wholesaler support center permittee, he or she shall make a written request to the permittee or his or her duly authorized manager or representative or, if the permittee is a corporation, to any officer of the corporation. (b) When a request for an examination is made, the person to whom it is directed shall immediately allow the representative to conduct the examination. (c) The representative may investigate the organization, conduct, and management of any nonresident seller's permittee or wholesaler support center permittee and may make copies of any records which in the judgment of the representative may show or tend to show that the permittee has violated the law, a regulation, or the terms of his or her permit. (d) A representative may not make public any information obtained under this section except to a law enforcement officer of this state or in connection with an administrative or judicial proceeding in which the state or the Alcoholic Beverage Control Division is a party concerning the cancellation or suspension of a nonresident seller's permit or wholesaler support center permit, the collection of taxes due under state law, or the violation of state law. (e) The Alcoholic Beverage Control Division may revoke or suspend a nonresident seller's permit or wholesaler support center permit in accordance with this title if the permittee or his or her authorized representative fails or refuses to permit an examination authorized by this section or to permit the making of copies of any documents as provided by this section, without regard to whether the document is inside or outside the state, or if the permittee or his or her authorized representative fails or refuses to answer a question of an officer incident to an examination or investigation in progress. Acts 1995, No. 537, § 9; 1999, No. 96, § 7.

(a) If a representative of the Alcoholic Beverage Control Division or the Revenue Division of the Department of Finance and Administration wishes to examine the book accounts, records, minutes, letters, memoranda, documents, checks, telegrams, constitution and bylaws, or other records of a nonresident seller's permittee or wholesaler support center permittee, he or she shall make a written request to the permittee or his or her duly authorized manager or representative or, if the permittee is a corporation, to any officer of the corporation.

(b) When a request for an examination is made, the person to whom it is directed shall immediately allow the representative to conduct the examination.

(c) The representative may investigate the organization, conduct, and management of any nonresident seller's permittee or wholesaler support center permittee and may make copies of any records which in the judgment of the representative may show or tend to show that the permittee has violated the law, a regulation, or the terms of his or her permit.

(d) A representative may not make public any information obtained under this section except to a law enforcement officer of this state or in connection with an administrative or judicial proceeding in which the state or the Alcoholic Beverage Control Division is a party concerning the cancellation or suspension of a nonresident seller's permit or wholesaler support center permit, the collection of taxes due under state law, or the violation of state law.

(e) The Alcoholic Beverage Control Division may revoke or suspend a nonresident seller's permit or wholesaler support center permit in accordance with this title if the permittee or his or her authorized representative fails or refuses to permit an examination authorized by this section or to permit the making of copies of any documents as provided by this section, without regard to whether the document is inside or outside the state, or if the permittee or his or her authorized representative fails or refuses to answer a question of an officer incident to an examination or investigation in progress.

Acts 1995, No. 537, § 9; 1999, No. 96, § 7.
Ark. Code Ann. § 3-5-1412 — AR Code / Title 3 / Chapter 5 / Subchapter 14 / Section 3-5-1412
Dry areas prohibited
Status: in_force

It is unlawful for the Director of the Alcoholic Beverage Control Division to issue a small brewers' license in any city, county, township, or other area in this state if the sale or possession of beer, malt beverages, and hard cider is unlawful. Amended by Act 2015, No. 857,§ 9, eff. 3/31/2015. Acts 2003, No. 1805, § 12.

It is unlawful for the Director of the Alcoholic Beverage Control Division to issue a small brewers' license in any city, county, township, or other area in this state if the sale or possession of beer, malt beverages, and hard cider is unlawful.

Amended by Act 2015, No. 857,§ 9, eff. 3/31/2015.

Acts 2003, No. 1805, § 12.
Ark. Code Ann. § 3-2-303 — AR Code / Title 3 / Chapter 2 / Subchapter 3 / Section 3-2-303
Authority of the Division of Arkansas State Police
Status: in_force

(a) In addition to the duties otherwise prescribed by law upon the Division of Arkansas State Police, it shall be the duty of the division to assist in enforcing all of the laws of the State of Arkansas against the unlawful manufacture or sale of intoxicating liquors. (b) (1) The Director of the Division of Arkansas State Police, the Deputy Director of the Division of Arkansas State Police, captains, lieutenants, rangers, and other employees of the director shall perform such duties as may be prescribed by the director with respect to the enforcement of the laws, and they shall have authority to take affidavits and to swear the persons signing the affidavits with respect to the violation of any law. (2) The false swearing or making of the affidavits shall be deemed and punished as perjury. (c) (1) The director, deputy director, captains, lieutenants, and rangers shall have all of the authority now vested in sheriffs and police officers to search for and seize intoxicating liquors unlawfully held in this state. (2) They shall also have the same authority to make arrests for the violation of such laws and to serve any and all kinds of criminal process issued by any of the courts in this state in connection with the enforcement of such laws. Amended by Act 2019, No. 910,§ 5734, eff. 7/1/2019. Acts 1935, No. 132, § 1; Pope's Dig., § 14236; A.S.A. 1947, § 48-1101.

(a) In addition to the duties otherwise prescribed by law upon the Division of Arkansas State Police, it shall be the duty of the division to assist in enforcing all of the laws of the State of Arkansas against the unlawful manufacture or sale of intoxicating liquors.

(b) (1) The Director of the Division of Arkansas State Police, the Deputy Director of the Division of Arkansas State Police, captains, lieutenants, rangers, and other employees of the director shall perform such duties as may be prescribed by the director with respect to the enforcement of the laws, and they shall have authority to take affidavits and to swear the persons signing the affidavits with respect to the violation of any law. (2) The false swearing or making of the affidavits shall be deemed and punished as perjury.

(1) The Director of the Division of Arkansas State Police, the Deputy Director of the Division of Arkansas State Police, captains, lieutenants, rangers, and other employees of the director shall perform such duties as may be prescribed by the director with respect to the enforcement of the laws, and they shall have authority to take affidavits and to swear the persons signing the affidavits with respect to the violation of any law.

(2) The false swearing or making of the affidavits shall be deemed and punished as perjury.

(c) (1) The director, deputy director, captains, lieutenants, and rangers shall have all of the authority now vested in sheriffs and police officers to search for and seize intoxicating liquors unlawfully held in this state. (2) They shall also have the same authority to make arrests for the violation of such laws and to serve any and all kinds of criminal process issued by any of the courts in this state in connection with the enforcement of such laws.

(1) The director, deputy director, captains, lieutenants, and rangers shall have all of the authority now vested in sheriffs and police officers to search for and seize intoxicating liquors unlawfully held in this state.

(2) They shall also have the same authority to make arrests for the violation of such laws and to serve any and all kinds of criminal process issued by any of the courts in this state in connection with the enforcement of such laws.

Amended by Act 2019, No. 910,§ 5734, eff. 7/1/2019.

Acts 1935, No. 132, § 1; Pope's Dig., § 14236; A.S.A. 1947, § 48-1101.
Ark. Code Ann. § 3-7-203 — AR Code / Title 3 / Chapter 7 / Subchapter 2 / Section 3-7-203
Lien - Execution
Status: in_force

(a) On the entry of the certificate of the Secretary of the Department of Finance and Administration, the circuit clerk shall issue an execution directed to the sheriff of the county, commanding him or her to levy upon and against all real and personal property of the taxpayer, which execution shall be by the clerk placed in the hands of the sheriff for levying thereon. The secretary shall thereby have all the remedies and may take all the proceedings for the collection of the tax which may be had or taken upon the recovery of a judgment at law. (b) The execution shall be issued and be served or executed in the same manner as now provided for the issuance and service of executions upon judgments rendered by the circuit courts of this state. (c) The circuit clerks and the sheriffs shall be entitled to receive the same fees now provided for by law in such matters. The fees shall be collected from the taxpayer by the sheriff in addition to the tax, penalties, and interest included in the certificate of indebtedness. (d) However, in the event the sheriff is unable, after diligent effort, to effect collection of the tax, interest, penalties, and costs, the secretary shall be empowered and authorized to pay such fees as are properly shown to be due to the clerk and sheriff out of the Miscellaneous Tax Refund Account. Amended by Act 2019, No. 910,§ 3338, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3337, eff. 7/1/2019. Acts 1957, No. 410, § 1; A.S.A. 1947, § 48-411.1.

(a) On the entry of the certificate of the Secretary of the Department of Finance and Administration, the circuit clerk shall issue an execution directed to the sheriff of the county, commanding him or her to levy upon and against all real and personal property of the taxpayer, which execution shall be by the clerk placed in the hands of the sheriff for levying thereon. The secretary shall thereby have all the remedies and may take all the proceedings for the collection of the tax which may be had or taken upon the recovery of a judgment at law.

(b) The execution shall be issued and be served or executed in the same manner as now provided for the issuance and service of executions upon judgments rendered by the circuit courts of this state.

(c) The circuit clerks and the sheriffs shall be entitled to receive the same fees now provided for by law in such matters. The fees shall be collected from the taxpayer by the sheriff in addition to the tax, penalties, and interest included in the certificate of indebtedness.

(d) However, in the event the sheriff is unable, after diligent effort, to effect collection of the tax, interest, penalties, and costs, the secretary shall be empowered and authorized to pay such fees as are properly shown to be due to the clerk and sheriff out of the Miscellaneous Tax Refund Account.

Amended by Act 2019, No. 910,§ 3338, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3337, eff. 7/1/2019.

Acts 1957, No. 410, § 1; A.S.A. 1947, § 48-411.1.
Ark. Code Ann. § 3-5-219 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-219
Records and reports
Status: in_force

(a) Retail and wholesale dealers in light wines or beer, brewers, manufacturers, and distributors shall keep such records and make such reports with respect to the receipt of and the handling of such liquors as the Director of the Alcoholic Beverage Control Division may by regulation prescribe. (b) The director shall cause a record to be kept of the names and places of business of persons engaged in the brewing or manufacturing and in the sale of beer. (c) He or she shall also cause a record to be kept of all beer brewed or manufactured and sold, and the amount thereof of each brewer or manufacturer, or sold by every dealer other than a brewer or manufacturer and a record of all forfeitures collected and all expenses incurred in the collection thereof. Acts 1933 (1st Ex. Sess.), No. 7, §§ 8, 21; Pope's Dig., §§ 14200, 14213; A.S.A. 1947, §§ 48-509, 48-512.

(a) Retail and wholesale dealers in light wines or beer, brewers, manufacturers, and distributors shall keep such records and make such reports with respect to the receipt of and the handling of such liquors as the Director of the Alcoholic Beverage Control Division may by regulation prescribe.

(b) The director shall cause a record to be kept of the names and places of business of persons engaged in the brewing or manufacturing and in the sale of beer.

(c) He or she shall also cause a record to be kept of all beer brewed or manufactured and sold, and the amount thereof of each brewer or manufacturer, or sold by every dealer other than a brewer or manufacturer and a record of all forfeitures collected and all expenses incurred in the collection thereof.

Acts 1933 (1st Ex. Sess.), No. 7, §§ 8, 21; Pope's Dig., §§ 14200, 14213; A.S.A. 1947, §§ 48-509, 48-512.
Ark. Code Ann. § 3-4-217 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-217
Transfer or assignment
Status: in_force

(a) No permit shall be transferable or assignable. (b) No permit shall be pledged or deposited as collateral security for any loan or upon any other condition. Any pledge or deposit and any contract providing therefor shall be void. (c) A permit issued to any person, pursuant to this chapter, for any premises shall not be transferable to any other person or to any other premises or to any other part of the building containing the permitted premises. It shall be available only to the person therein specified and only for the premises permitted and no other. Acts 1935, No. 108, Art. 3, §§ 8, 9; Pope's Dig., §§ 14112, 14113; Acts 1953, No. 49, § 1; A.S.A. 1947, §§ 48-312, 48-313.

(a) No permit shall be transferable or assignable.

(b) No permit shall be pledged or deposited as collateral security for any loan or upon any other condition. Any pledge or deposit and any contract providing therefor shall be void.

(c) A permit issued to any person, pursuant to this chapter, for any premises shall not be transferable to any other person or to any other premises or to any other part of the building containing the permitted premises. It shall be available only to the person therein specified and only for the premises permitted and no other.

Acts 1935, No. 108, Art. 3, §§ 8, 9; Pope's Dig., §§ 14112, 14113; Acts 1953, No. 49, § 1; A.S.A. 1947, §§ 48-312, 48-313.
Ark. Code Ann. § 3-9-214 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-214
Supplemental tax or fee on sales levied by political subdivisions
Status: in_force

(a) An additional fee or supplemental tax as levied under §§ 3-9-212 and 3-9-213 may also be levied upon any permittee under this subchapter by a city or incorporated town in which the licensed premises are located, or by the county if located outside the limits of a city or incorporated town. (b) However, in no event shall the fee or tax exceed the amount or rate provided in §§ 3-9-212 and 3-9-213 . (c) All fees and taxes levied hereunder shall be collected by the city or county and shall be used for city or county general purposes as authorized by law. Acts 1969, No. 132, § 9; A.S.A. 1947, § 48-1409.

(a) An additional fee or supplemental tax as levied under §§ 3-9-212 and 3-9-213 may also be levied upon any permittee under this subchapter by a city or incorporated town in which the licensed premises are located, or by the county if located outside the limits of a city or incorporated town.

(b) However, in no event shall the fee or tax exceed the amount or rate provided in §§ 3-9-212 and 3-9-213 .

(c) All fees and taxes levied hereunder shall be collected by the city or county and shall be used for city or county general purposes as authorized by law.

Acts 1969, No. 132, § 9; A.S.A. 1947, § 48-1409.
Ark. Code Ann. § 3-4-107 — AR Code / Title 3 / Chapter 4 / Subchapter 1 / Section 3-4-107
Delivery of alcoholic beverages
Status: in_force

(a) The following permit holders may deliver or cause to be delivered alcoholic beverages directly to the private residence of a consumer twenty-one (21) years of age or older in a wet county or territorial subdivision during legal operating hours: (1) Retail liquor; (2) Microbrewery-restaurant; and (3) Small brewery. (b) The permit holder authorized under subsection (a) of this section shall not deliver or cause to be delivered alcoholic beverages to an area outside of the county in which the permitted business is located. (c) Alcoholic beverages shall be delivered by an employee of the permit holder and shall not be delivered through a third-party delivery system. Added by Act 2021, No. 158,§ 1, eff. 7/28/2021.

(a) The following permit holders may deliver or cause to be delivered alcoholic beverages directly to the private residence of a consumer twenty-one (21) years of age or older in a wet county or territorial subdivision during legal operating hours: (1) Retail liquor; (2) Microbrewery-restaurant; and (3) Small brewery.

(1) Retail liquor;

(2) Microbrewery-restaurant; and

(3) Small brewery.

(b) The permit holder authorized under subsection (a) of this section shall not deliver or cause to be delivered alcoholic beverages to an area outside of the county in which the permitted business is located.

(c) Alcoholic beverages shall be delivered by an employee of the permit holder and shall not be delivered through a third-party delivery system.

Added by Act 2021, No. 158,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 3-5-903 — AR Code / Title 3 / Chapter 5 / Subchapter 9 / Section 3-5-903
Rules
Status: in_force

The Secretary of the Department of Finance and Administration may establish reasonable rules to be followed by wineries in this state in making application for the subsidy payments and to prevent abuse of the subsidy payments. Amended by Act 2019, No. 315,§ 72, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3318, eff. 7/1/2019. Acts 1985, No. 681, § 3; A.S.A. 1947, § 48-654.

The Secretary of the Department of Finance and Administration may establish reasonable rules to be followed by wineries in this state in making application for the subsidy payments and to prevent abuse of the subsidy payments.

Amended by Act 2019, No. 315,§ 72, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3318, eff. 7/1/2019.

Acts 1985, No. 681, § 3; A.S.A. 1947, § 48-654.
Ark. Code Ann. § 3-7-505 — AR Code / Title 3 / Chapter 7 / Subchapter 5 / Section 3-7-505
Joint enforcement
Status: in_force

The Secretary of the Department of Finance and Administration and the Alcoholic Beverage Control Division or its successor agency shall jointly enforce the provisions of this subchapter. Amended by Act 2019, No. 910,§ 3348, eff. 7/1/2019. Acts 1971, No. 310, § 6; A.S.A. 1947, § 48-436.

The Secretary of the Department of Finance and Administration and the Alcoholic Beverage Control Division or its successor agency shall jointly enforce the provisions of this subchapter.

Amended by Act 2019, No. 910,§ 3348, eff. 7/1/2019.

Acts 1971, No. 310, § 6; A.S.A. 1947, § 48-436.
Ark. Code Ann. § 3-2-213 — AR Code / Title 3 / Chapter 2 / Subchapter 2 / Section 3-2-213
Denial, suspension, or revocation of license - Appeal to board
Status: in_force

(a) (1) Any applicant or licensee aggrieved by an order of refusal, suspension, or revocation issued by the Director of the Alcoholic Beverage Control Division or any person or group of persons who have formally protested the issuance of any license before a decision has been rendered by the director and are aggrieved by the issuance of the license may appeal the order or decision to the Alcoholic Beverage Control Board by filing a notice of appeal. (2) The notice of appeal of a director's decision or order shall be in a written form which shall be mailed or delivered to the offices of the Alcoholic Beverage Control Division. (3) The notice of appeal must be mailed or delivered to the offices of the division within fifteen (15) days after the order to be appealed was received by the recipient, as shown by the certified mail return receipt card returned to the division. In the event that the person filing an appeal of the director's decision or order was not sent a certified letter of the same, then the fifteen-day appeal period begins on the date that the director's decision or order was issued. (4) Whenever any notice of appeal is filed with the division, the director shall immediately notify the board of that fact. (b) (1) A hearing shall be held within at least sixty (60) days after the date of the filing of the notice of appeal unless the person appealing consents to a later hearing. (2) Not later than ten (10) days before the time fixed for the hearing, the director shall notify the board and the applicant, licensee, or protester of the time when and the place where the appeal shall be heard by the board. (3) At the time and place so fixed for the hearing, the board shall proceed to hear the appeal. (4) At any such hearing the applicant, licensee, or protester, and the director may be present in person or by agent or counsel and present evidence and argument. (5) The board shall adopt such rules as it shall deem necessary to govern the procedure in the hearing, and the board shall not be bound by the legal rules of evidence in hearing appeals and in making its determination. (c) (1) Within five (5) days after the hearing is concluded, the board shall render its written opinion, decision, or order on the appeal. (2) A copy of the opinion, decision, or order shall be mailed by the division by certified mail to the applicant, licensee, or protester. (3) The order and decision shall be final and binding on the director and the applicant, licensee, or protester. (4) However, an appeal may be taken from any order suspending or revoking a license as provided for in this subchapter. Amended by Act 2019, No. 315,§ 39, eff. 7/24/2019. Acts 1951, No. 159, § 15; A.S.A. 1947, § 48-1314; Acts 1995, No. 652, §§ 1-5; 2005, No. 1193, § 1.

(a) (1) Any applicant or licensee aggrieved by an order of refusal, suspension, or revocation issued by the Director of the Alcoholic Beverage Control Division or any person or group of persons who have formally protested the issuance of any license before a decision has been rendered by the director and are aggrieved by the issuance of the license may appeal the order or decision to the Alcoholic Beverage Control Board by filing a notice of appeal. (2) The notice of appeal of a director's decision or order shall be in a written form which shall be mailed or delivered to the offices of the Alcoholic Beverage Control Division. (3) The notice of appeal must be mailed or delivered to the offices of the division within fifteen (15) days after the order to be appealed was received by the recipient, as shown by the certified mail return receipt card returned to the division. In the event that the person filing an appeal of the director's decision or order was not sent a certified letter of the same, then the fifteen-day appeal period begins on the date that the director's decision or order was issued. (4) Whenever any notice of appeal is filed with the division, the director shall immediately notify the board of that fact.

(1) Any applicant or licensee aggrieved by an order of refusal, suspension, or revocation issued by the Director of the Alcoholic Beverage Control Division or any person or group of persons who have formally protested the issuance of any license before a decision has been rendered by the director and are aggrieved by the issuance of the license may appeal the order or decision to the Alcoholic Beverage Control Board by filing a notice of appeal.

(2) The notice of appeal of a director's decision or order shall be in a written form which shall be mailed or delivered to the offices of the Alcoholic Beverage Control Division.

(3) The notice of appeal must be mailed or delivered to the offices of the division within fifteen (15) days after the order to be appealed was received by the recipient, as shown by the certified mail return receipt card returned to the division. In the event that the person filing an appeal of the director's decision or order was not sent a certified letter of the same, then the fifteen-day appeal period begins on the date that the director's decision or order was issued.

(4) Whenever any notice of appeal is filed with the division, the director shall immediately notify the board of that fact.

(b) (1) A hearing shall be held within at least sixty (60) days after the date of the filing of the notice of appeal unless the person appealing consents to a later hearing. (2) Not later than ten (10) days before the time fixed for the hearing, the director shall notify the board and the applicant, licensee, or protester of the time when and the place where the appeal shall be heard by the board. (3) At the time and place so fixed for the hearing, the board shall proceed to hear the appeal. (4) At any such hearing the applicant, licensee, or protester, and the director may be present in person or by agent or counsel and present evidence and argument. (5) The board shall adopt such rules as it shall deem necessary to govern the procedure in the hearing, and the board shall not be bound by the legal rules of evidence in hearing appeals and in making its determination.

(1) A hearing shall be held within at least sixty (60) days after the date of the filing of the notice of appeal unless the person appealing consents to a later hearing.

(2) Not later than ten (10) days before the time fixed for the hearing, the director shall notify the board and the applicant, licensee, or protester of the time when and the place where the appeal shall be heard by the board.

(3) At the time and place so fixed for the hearing, the board shall proceed to hear the appeal.

(4) At any such hearing the applicant, licensee, or protester, and the director may be present in person or by agent or counsel and present evidence and argument.

(5) The board shall adopt such rules as it shall deem necessary to govern the procedure in the hearing, and the board shall not be bound by the legal rules of evidence in hearing appeals and in making its determination.

(c) (1) Within five (5) days after the hearing is concluded, the board shall render its written opinion, decision, or order on the appeal. (2) A copy of the opinion, decision, or order shall be mailed by the division by certified mail to the applicant, licensee, or protester. (3) The order and decision shall be final and binding on the director and the applicant, licensee, or protester. (4) However, an appeal may be taken from any order suspending or revoking a license as provided for in this subchapter.

(1) Within five (5) days after the hearing is concluded, the board shall render its written opinion, decision, or order on the appeal.

(2) A copy of the opinion, decision, or order shall be mailed by the division by certified mail to the applicant, licensee, or protester.

(3) The order and decision shall be final and binding on the director and the applicant, licensee, or protester.

(4) However, an appeal may be taken from any order suspending or revoking a license as provided for in this subchapter.

Amended by Act 2019, No. 315,§ 39, eff. 7/24/2019.

Acts 1951, No. 159, § 15; A.S.A. 1947, § 48-1314; Acts 1995, No. 652, §§ 1-5; 2005, No. 1193, § 1.
Ark. Code Ann. § 3-5-1409 — AR Code / Title 3 / Chapter 5 / Subchapter 14 / Section 3-5-1409
Beer, malt beverage, and hard cider education
Status: in_force

(a) (1) A small brewer may be allowed to conduct beer-, malt beverage-, and hard cider-tasting events for educational or promotional purposes at any location in a wet area of this state if approved by the Alcoholic Beverage Control Division and if written notice is given by the division to the small brewer at least five (5) days before the event. (2) Requests for approval to conduct beer-, malt beverage-, and hard cider-tasting events must be received by the division at least two (2) weeks before the event. (b) Beer-, malt beverage-, and hard cider-tasting events may be held in any facility licensed by the division if written notice is given by the division under subsection (a) of this section. Amended by Act 2015, No. 857,§ 9, eff. 3/31/2015. Acts 2003, No. 1805, § 9.

(a) (1) A small brewer may be allowed to conduct beer-, malt beverage-, and hard cider-tasting events for educational or promotional purposes at any location in a wet area of this state if approved by the Alcoholic Beverage Control Division and if written notice is given by the division to the small brewer at least five (5) days before the event. (2) Requests for approval to conduct beer-, malt beverage-, and hard cider-tasting events must be received by the division at least two (2) weeks before the event.

(1) A small brewer may be allowed to conduct beer-, malt beverage-, and hard cider-tasting events for educational or promotional purposes at any location in a wet area of this state if approved by the Alcoholic Beverage Control Division and if written notice is given by the division to the small brewer at least five (5) days before the event.

(2) Requests for approval to conduct beer-, malt beverage-, and hard cider-tasting events must be received by the division at least two (2) weeks before the event.

(b) Beer-, malt beverage-, and hard cider-tasting events may be held in any facility licensed by the division if written notice is given by the division under subsection (a) of this section.

Amended by Act 2015, No. 857,§ 9, eff. 3/31/2015.

Acts 2003, No. 1805, § 9.
Ark. Code Ann. § 3-5-1704 — AR Code / Title 3 / Chapter 5 / Subchapter 17 / Section 3-5-1704
Purchase - Payment of taxes
Status: in_force

(a) A consumer must: (1) Be physically present at the winery to purchase the vinous liquor to be shipped into or within the state; and (2) Provide identification to the winery proving that he or she is twenty-one (21) years of age or older. (b) (1) A winery shall collect all sales taxes and excise taxes due on a sale to an individual of this state as if the sale took place on the premises of an Arkansas small farm winery, including without limitation taxes under §§ 3-5-1605 , 3-7-104 , 3-7-111 , and 3-7-201 . (2) Taxes collected by the winery shall be submitted to the Department of Finance and Administration as directed without limitation under §§ 3-5-1605 , 3-7-104 , 3-7-111 , and 3-7-201 . (3) A winery shall source the collection of sales and use taxes to the purchaser's delivery address in accordance with § 26-52-521(b)(2) . Amended by Act 2017, No. 673,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 236,§ 1, eff. 7/1/2015. Added by Act 2013, No. 483,§ 1, eff. 8/16/2013.

(a) A consumer must: (1) Be physically present at the winery to purchase the vinous liquor to be shipped into or within the state; and (2) Provide identification to the winery proving that he or she is twenty-one (21) years of age or older.

(1) Be physically present at the winery to purchase the vinous liquor to be shipped into or within the state; and

(2) Provide identification to the winery proving that he or she is twenty-one (21) years of age or older.

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

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

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

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

Amended by Act 2017, No. 673,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 236,§ 1, eff. 7/1/2015.

Added by Act 2013, No. 483,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 3-5-901 — AR Code / Title 3 / Chapter 5 / Subchapter 9 / Section 3-5-901
Program established
Status: in_force

As a means of providing more stable markets for grapes, fruits, berries, or vegetables used in the production of wine in this state, the General Assembly establishes a program of payments, in the form of grants, to be made to each winery in this state with respect to grapes, fruits, berries, or vegetables grown and produced in Arkansas and used by wineries located in this state in the production of wine. Acts 1985, No. 681, § 2; A.S.A. 1947, § 48-653.

As a means of providing more stable markets for grapes, fruits, berries, or vegetables used in the production of wine in this state, the General Assembly establishes a program of payments, in the form of grants, to be made to each winery in this state with respect to grapes, fruits, berries, or vegetables grown and produced in Arkansas and used by wineries located in this state in the production of wine.

Acts 1985, No. 681, § 2; A.S.A. 1947, § 48-653.
Ark. Code Ann. § 3-4-214 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-214
Contents of permits
Status: in_force

A permit shall contain, in addition to any further information or material to be prescribed by the rules of the Alcoholic Beverage Control Division, the following: (1) The name of the person to whom the permit is issued; (2) The kind of permit and what kind of traffic in vinous or spirituous or malt liquors is thereby permitted; (3) A description by street and number or otherwise of the permitted premises; (4) A statement in substance that the permit shall not be deemed a property or vested right and that it may be revoked at any time pursuant to law; and (5) The name and address of the owner of the premises. Upon a change in the ownership, the permittee or the new owner may file notice to that effect in writing with the Director of the Alcoholic Beverage Control Division on forms to be provided by the director for that purpose. Amended by Act 2019, No. 315,§ 46, eff. 7/24/2019. Acts 1935, No. 108, Art. 3, § 9; Pope's Dig., § 14113; Acts 1953, No. 49, § 1; A.S.A. 1947, § 48-313.

A permit shall contain, in addition to any further information or material to be prescribed by the rules of the Alcoholic Beverage Control Division, the following:

(1) The name of the person to whom the permit is issued;

(2) The kind of permit and what kind of traffic in vinous or spirituous or malt liquors is thereby permitted;

(3) A description by street and number or otherwise of the permitted premises;

(4) A statement in substance that the permit shall not be deemed a property or vested right and that it may be revoked at any time pursuant to law; and

(5) The name and address of the owner of the premises. Upon a change in the ownership, the permittee or the new owner may file notice to that effect in writing with the Director of the Alcoholic Beverage Control Division on forms to be provided by the director for that purpose.

Amended by Act 2019, No. 315,§ 46, eff. 7/24/2019.

Acts 1935, No. 108, Art. 3, § 9; Pope's Dig., § 14113; Acts 1953, No. 49, § 1; A.S.A. 1947, § 48-313.
Ark. Code Ann. § 3-5-1908 — AR Code / Title 3 / Chapter 5 / Subchapter 19 / Section 3-5-1908
Collection of taxes
Status: in_force

(a) The Secretary of the Department of Finance and Administration shall assess and collect delinquent state and local taxes from the owner or owners of the microbrewery-restaurant private club, file claims for unpaid taxes against bonds or other security required to be posted by the permittee, and enforce liens against assets held by the owner or owners. (b) The Alcoholic Beverage Control Division may suspend or refuse to renew a permit held by a nonpartner if the microbrewery-restaurant private club owner fails to remit state or local taxes. Added by Act 2019, No. 681,§ 1, eff. 7/24/2019.

(a) The Secretary of the Department of Finance and Administration shall assess and collect delinquent state and local taxes from the owner or owners of the microbrewery-restaurant private club, file claims for unpaid taxes against bonds or other security required to be posted by the permittee, and enforce liens against assets held by the owner or owners.

(b) The Alcoholic Beverage Control Division may suspend or refuse to renew a permit held by a nonpartner if the microbrewery-restaurant private club owner fails to remit state or local taxes.

Added by Act 2019, No. 681,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 3-8-709 — AR Code / Title 3 / Chapter 8 / Subchapter 7 / Section 3-8-709
Public inspection - Record retention
Status: in_force

(a) All statements of organization and financial reports required by this subchapter shall be open to public inspection at the office of the Arkansas Ethics Commission during regular office hours. (b) All records supporting the reports filed under this subchapter shall be: (1) Made available to the commission; and (2) Retained by the filer for a period of four (4) years after the date of filing the report. Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.

(a) All statements of organization and financial reports required by this subchapter shall be open to public inspection at the office of the Arkansas Ethics Commission during regular office hours.

(b) All records supporting the reports filed under this subchapter shall be: (1) Made available to the commission; and (2) Retained by the filer for a period of four (4) years after the date of filing the report.

(1) Made available to the commission; and

(2) Retained by the filer for a period of four (4) years after the date of filing the report.

Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 3-5-702 — AR Code / Title 3 / Chapter 5 / Subchapter 7 / Section 3-5-702
Officers
Status: in_force

At the first meeting of the Arkansas Wine Producers Council, it shall select from its membership a chair and vice-chair and any other officers it may deem necessary or appropriate to effectively carry out its responsibilities. Acts 1983, No. 912, § 2; A.S.A. 1947, § 48-650.

At the first meeting of the Arkansas Wine Producers Council, it shall select from its membership a chair and vice-chair and any other officers it may deem necessary or appropriate to effectively carry out its responsibilities.

Acts 1983, No. 912, § 2; A.S.A. 1947, § 48-650.
Ark. Code Ann. § 3-4-401 — AR Code / Title 3 / Chapter 4 / Subchapter 4 / Section 3-4-401
Authorization to impose fines
Status: in_force

In addition to all other sanctions and penalties which may be administratively imposed by the Director of the Alcoholic Beverage Control Division pursuant to the procedures outlined in this title and the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the director shall have the power and authority to levy fines and suspend them against controlled beverage permit holders when the director determines the permit holder has violated the alcoholic beverage control laws of this state or rules of the Alcoholic Beverage Control Division. Amended by Act 2019, No. 315,§ 48, eff. 7/24/2019. Acts 1981, No. 790, § 2; A.S.A. 1947, § 48-346.

In addition to all other sanctions and penalties which may be administratively imposed by the Director of the Alcoholic Beverage Control Division pursuant to the procedures outlined in this title and the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the director shall have the power and authority to levy fines and suspend them against controlled beverage permit holders when the director determines the permit holder has violated the alcoholic beverage control laws of this state or rules of the Alcoholic Beverage Control Division.

Amended by Act 2019, No. 315,§ 48, eff. 7/24/2019.

Acts 1981, No. 790, § 2; A.S.A. 1947, § 48-346.
Ark. Code Ann. § 3-5-201 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-201
Purpose
Status: in_force

(a) The purpose of this subchapter is to legalize the manufacture and sale within this state of beer and light wine of an alcoholic content not in excess of five percent (5%) by weight and to so regulate the business of manufacturing and selling such liquors as to prevent the illicit manufacture and consumption of liquors having an alcoholic content in excess of five percent (5%) by weight, the manufacture and sale of which it is not the purpose of this subchapter to legalize. (b) It is further the purpose of this subchapter to impose certain licenses, fees, and taxes on, and to regulate, such businesses. Acts 1933 (1st Ex. Sess.), No. 7, §§ 1, 10; Pope's Dig., §§ 14192, 14202; A.S.A. 1947, §§ 48-501, 48-501n.

(a) The purpose of this subchapter is to legalize the manufacture and sale within this state of beer and light wine of an alcoholic content not in excess of five percent (5%) by weight and to so regulate the business of manufacturing and selling such liquors as to prevent the illicit manufacture and consumption of liquors having an alcoholic content in excess of five percent (5%) by weight, the manufacture and sale of which it is not the purpose of this subchapter to legalize.

(b) It is further the purpose of this subchapter to impose certain licenses, fees, and taxes on, and to regulate, such businesses.

Acts 1933 (1st Ex. Sess.), No. 7, §§ 1, 10; Pope's Dig., §§ 14192, 14202; A.S.A. 1947, §§ 48-501, 48-501n.
Ark. Code Ann. § 3-4-1001 — AR Code / Title 3 / Chapter 4 / Subchapter 10 / Section 3-4-1001
Creation - Issuance - Expiration
Status: in_force

(a) (1) In addition to all other existing alcoholic beverage permits authorized to be issued by the Alcoholic Beverage Control Division for the retail sale of alcoholic beverages, there is created a restaurant beer and wine permit, which authorizes the sale of beer, hard cider, and wine as defined in § 3-9-301(7) at restaurants as defined in § 3-9-301(6) . (2) The restaurant beer and wine permit is not subject to any quota restrictions. (b) The permit may be issued by the division to a qualified person. (c) Each restaurant beer and wine permit shall be issued annually for a fee of three hundred and fifty dollars ($350) and shall expire on June 30 of each year. Amended by Act 2019, No. 691,§ 12, eff. 7/24/2019. Acts 2009, No. 294, § 11; 2009, No. 763, § 3.

(a) (1) In addition to all other existing alcoholic beverage permits authorized to be issued by the Alcoholic Beverage Control Division for the retail sale of alcoholic beverages, there is created a restaurant beer and wine permit, which authorizes the sale of beer, hard cider, and wine as defined in § 3-9-301(7) at restaurants as defined in § 3-9-301(6) . (2) The restaurant beer and wine permit is not subject to any quota restrictions.

(1) In addition to all other existing alcoholic beverage permits authorized to be issued by the Alcoholic Beverage Control Division for the retail sale of alcoholic beverages, there is created a restaurant beer and wine permit, which authorizes the sale of beer, hard cider, and wine as defined in § 3-9-301(7) at restaurants as defined in § 3-9-301(6) .

(2) The restaurant beer and wine permit is not subject to any quota restrictions.

(b) The permit may be issued by the division to a qualified person.

(c) Each restaurant beer and wine permit shall be issued annually for a fee of three hundred and fifty dollars ($350) and shall expire on June 30 of each year.

Amended by Act 2019, No. 691,§ 12, eff. 7/24/2019.

Acts 2009, No. 294, § 11; 2009, No. 763, § 3.
Ark. Code Ann. § 3-5-209 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-209
Transfer of permit - Dancing privileges - Inspection fee
Status: in_force

(a) A person that holds an alcoholic beverage control permit may request that certain special applications be made on the permit as follows: (1) A permit holder may request a transfer of location of a permit to a new location subject to any restrictions or qualifications that may apply to the permit; (2) A permit holder requesting the addition of dancing of any kind on the permit may request dancing subject to any restrictions that may apply to the permit; (3) A permit holder may request a change of trade name for the permitted business subject to any restrictions that apply to the permit; (4) A partnership, corporation, or limited liability company may request a change of manager application so that the existing manager of the partnership, corporation, or limited liability company is replaced by a new manager subject to any restrictions that may apply to the permit; and (5) An on-premises consumption permittee which has filed an entertainment activity sheet as required by the Alcoholic Beverage Control Division rules may file a request for permission to amend the entertainment activity sheet that was filed with the permit, subject to any restrictions or qualifications that apply to the permit. (b) (1) The fee for any of the special applications set forth in subsection (a) of this section is fifty dollars ($50.00) for each special application. (2) The special application fee is payable at the time the special application is made. Acts 1933 (1st Ex. Sess.), No. 7, § 4; Pope's Dig., § 14196; Acts 1953, No. 372, § 1; 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; 2009, No. 294, § 14.

(a) A person that holds an alcoholic beverage control permit may request that certain special applications be made on the permit as follows: (1) A permit holder may request a transfer of location of a permit to a new location subject to any restrictions or qualifications that may apply to the permit; (2) A permit holder requesting the addition of dancing of any kind on the permit may request dancing subject to any restrictions that may apply to the permit; (3) A permit holder may request a change of trade name for the permitted business subject to any restrictions that apply to the permit; (4) A partnership, corporation, or limited liability company may request a change of manager application so that the existing manager of the partnership, corporation, or limited liability company is replaced by a new manager subject to any restrictions that may apply to the permit; and (5) An on-premises consumption permittee which has filed an entertainment activity sheet as required by the Alcoholic Beverage Control Division rules may file a request for permission to amend the entertainment activity sheet that was filed with the permit, subject to any restrictions or qualifications that apply to the permit.

(1) A permit holder may request a transfer of location of a permit to a new location subject to any restrictions or qualifications that may apply to the permit;

(2) A permit holder requesting the addition of dancing of any kind on the permit may request dancing subject to any restrictions that may apply to the permit;

(3) A permit holder may request a change of trade name for the permitted business subject to any restrictions that apply to the permit;

(4) A partnership, corporation, or limited liability company may request a change of manager application so that the existing manager of the partnership, corporation, or limited liability company is replaced by a new manager subject to any restrictions that may apply to the permit; and

(5) An on-premises consumption permittee which has filed an entertainment activity sheet as required by the Alcoholic Beverage Control Division rules may file a request for permission to amend the entertainment activity sheet that was filed with the permit, subject to any restrictions or qualifications that apply to the permit.

(b) (1) The fee for any of the special applications set forth in subsection (a) of this section is fifty dollars ($50.00) for each special application. (2) The special application fee is payable at the time the special application is made.

(1) The fee for any of the special applications set forth in subsection (a) of this section is fifty dollars ($50.00) for each special application.

(2) The special application fee is payable at the time the special application is made.

Acts 1933 (1st Ex. Sess.), No. 7, § 4; Pope's Dig., § 14196; Acts 1953, No. 372, § 1; 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; 2009, No. 294, § 14.
Ark. Code Ann. § 3-6-103 — AR Code / Title 3 / Chapter 6 / Section 3-6-103
Administration by Alcoholic Beverage Control Division
Status: in_force

The Alcoholic Beverage Control Division or its successor shall have the right to regulate the manufacture and sale of the products authorized in § 3-6-102 and shall make reasonable rules governing the manufacture and sale thereof. Except as otherwise specifically provided in this chapter, all other laws now in effect governing the manufacture and sale of intoxicating liquors shall be deemed applicable. Amended by Act 2019, No. 315,§ 84, eff. 7/24/2019. Acts 1953, No. 163, § 7; A.S.A. 1947, § 48-712.

The Alcoholic Beverage Control Division or its successor shall have the right to regulate the manufacture and sale of the products authorized in § 3-6-102 and shall make reasonable rules governing the manufacture and sale thereof. Except as otherwise specifically provided in this chapter, all other laws now in effect governing the manufacture and sale of intoxicating liquors shall be deemed applicable.

Amended by Act 2019, No. 315,§ 84, eff. 7/24/2019.

Acts 1953, No. 163, § 7; A.S.A. 1947, § 48-712.
Ark. Code Ann. § 3-2-407 — AR Code / Title 3 / Chapter 2 / Subchapter 4 / Section 3-2-407
Request to change wholesalers - Automatic approval
Status: in_force

If no objection is filed to the wholesaler change request as provided in § 3-2-406 , the proposed changes shall stand automatically approved by the Director of the Alcoholic Beverage Control Division at the expiration of such fifteen-day period, conditioned upon the manufacturer's or importer's repurchasing all inventory of the subject brand from the previously designated wholesaler at such wholesaler's laid-in cost. Acts 1991, No. 260, § 6.

If no objection is filed to the wholesaler change request as provided in § 3-2-406 , the proposed changes shall stand automatically approved by the Director of the Alcoholic Beverage Control Division at the expiration of such fifteen-day period, conditioned upon the manufacturer's or importer's repurchasing all inventory of the subject brand from the previously designated wholesaler at such wholesaler's laid-in cost.

Acts 1991, No. 260, § 6.
Ark. Code Ann. § 3-7-501 — AR Code / Title 3 / Chapter 7 / Subchapter 5 / Section 3-7-501
Rules generally
Status: in_force

(a) The Secretary of the Department of Finance and Administration is authorized and directed to adopt and issue rules to protect the revenues of this state by prescribing a reporting method for paying and collecting the tax on wines. (b) Rules shall provide a method of tax credit for wines sold to United States military installations or returned to the manufacturer, on which excise taxes are not required. (c) There will be no change in the present system of reporting the tax on native Arkansas wines. Amended by Act 2019, No. 315,§ 93, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3346, eff. 7/1/2019. Acts 1971, No. 310, §§ 2-4; A.S.A. 1947, §§ 48-432 -- 48-434.

(a) The Secretary of the Department of Finance and Administration is authorized and directed to adopt and issue rules to protect the revenues of this state by prescribing a reporting method for paying and collecting the tax on wines.

(b) Rules shall provide a method of tax credit for wines sold to United States military installations or returned to the manufacturer, on which excise taxes are not required.

(c) There will be no change in the present system of reporting the tax on native Arkansas wines.

Amended by Act 2019, No. 315,§ 93, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3346, eff. 7/1/2019.

Acts 1971, No. 310, §§ 2-4; A.S.A. 1947, §§ 48-432 -- 48-434.
Ark. Code Ann. § 3-8-714 — AR Code / Title 3 / Chapter 8 / Subchapter 7 / Section 3-8-714
Scope
Status: in_force

Nothing in this subchapter may limit, waive, or abrogate the scope of any statutory or common law privilege, including, but not limited to, the work product doctrine and the attorney-client privilege. Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.

Nothing in this subchapter may limit, waive, or abrogate the scope of any statutory or common law privilege, including, but not limited to, the work product doctrine and the attorney-client privilege.

Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 3-9-235 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-235
Suspension, cancellation, and revocation of permits
Status: in_force

(a) Upon his or her own complaint or that of any law enforcement agency having jurisdiction over the permitted premises, the Director of the Alcoholic Beverage Control Division may suspend, cancel, or revoke any permit granted hereunder for violation by the permittee of any provision of this subchapter or any rule, regulation, or order of the Alcoholic Beverage Control Board. (b) Permits may be suspended, cancelled, or revoked for the following causes: (1) Conviction of the permittee for violating any of the provisions of this subchapter; (2) Willful failure or refusal by any permittee to comply with any of the provisions of this subchapter or of any rule or regulation adopted pursuant thereto; (3) The making of any materially false statement in any application for a permit; (4) The possession for sale on the permitted premises of any alcoholic beverages upon which applicable taxes have not been paid; (5) The willful failure of any permittee to keep any records or make any reports required by this subchapter or by any rule or regulation adopted thereunder or to allow an inspection of such records by any duly authorized person; and (6) The suspension or revocation of a permit issued to the permittee by the federal government or conviction of violating any federal law relating to alcoholic beverages. (c) No permit shall be suspended, cancelled, or revoked except after a hearing by the director with reasonable notice to the permittee and an opportunity for him or her to appear and defend as provided in § 3-2-212 . (d) (1) Appeals to the board from an order by the director of suspension, cancellation, or revocation may be had as provided by § 3-2-213 . (2) Appeals from a decision of the board may be had as provided in § 3-2-216 . Acts 1969, No. 132, § 13; A.S.A. 1947, § 48-1413; Acts 1999, No. 910, § 3.

(a) Upon his or her own complaint or that of any law enforcement agency having jurisdiction over the permitted premises, the Director of the Alcoholic Beverage Control Division may suspend, cancel, or revoke any permit granted hereunder for violation by the permittee of any provision of this subchapter or any rule, regulation, or order of the Alcoholic Beverage Control Board.

(b) Permits may be suspended, cancelled, or revoked for the following causes: (1) Conviction of the permittee for violating any of the provisions of this subchapter; (2) Willful failure or refusal by any permittee to comply with any of the provisions of this subchapter or of any rule or regulation adopted pursuant thereto; (3) The making of any materially false statement in any application for a permit; (4) The possession for sale on the permitted premises of any alcoholic beverages upon which applicable taxes have not been paid; (5) The willful failure of any permittee to keep any records or make any reports required by this subchapter or by any rule or regulation adopted thereunder or to allow an inspection of such records by any duly authorized person; and (6) The suspension or revocation of a permit issued to the permittee by the federal government or conviction of violating any federal law relating to alcoholic beverages.

(1) Conviction of the permittee for violating any of the provisions of this subchapter;

(2) Willful failure or refusal by any permittee to comply with any of the provisions of this subchapter or of any rule or regulation adopted pursuant thereto;

(3) The making of any materially false statement in any application for a permit;

(4) The possession for sale on the permitted premises of any alcoholic beverages upon which applicable taxes have not been paid;

(5) The willful failure of any permittee to keep any records or make any reports required by this subchapter or by any rule or regulation adopted thereunder or to allow an inspection of such records by any duly authorized person; and

(6) The suspension or revocation of a permit issued to the permittee by the federal government or conviction of violating any federal law relating to alcoholic beverages.

(c) No permit shall be suspended, cancelled, or revoked except after a hearing by the director with reasonable notice to the permittee and an opportunity for him or her to appear and defend as provided in § 3-2-212 .

(d) (1) Appeals to the board from an order by the director of suspension, cancellation, or revocation may be had as provided by § 3-2-213 . (2) Appeals from a decision of the board may be had as provided in § 3-2-216 .

(1) Appeals to the board from an order by the director of suspension, cancellation, or revocation may be had as provided by § 3-2-213 .

(2) Appeals from a decision of the board may be had as provided in § 3-2-216 .

Acts 1969, No. 132, § 13; A.S.A. 1947, § 48-1413; Acts 1999, No. 910, § 3.
Ark. Code Ann. § 3-9-241 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-241
Posting information about the National Human Trafficking Resource Center hotline
Status: in_force

An entity governed by this subchapter shall post information about the National Human Trafficking Resource Center hotline as required under § 12-19-102 . Added by Act 2013, No. 1157,§ 1, eff. 8/16/2013.

An entity governed by this subchapter shall post information about the National Human Trafficking Resource Center hotline as required under § 12-19-102 .

Added by Act 2013, No. 1157,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 3-5-804 — AR Code / Title 3 / Chapter 5 / Subchapter 8 / Section 3-5-804
Construction of act with existing laws
Status: in_force

(a) It is the intent of this subchapter and § 3-5-405 [repealed] that the provisions hereof shall be supplemental to the existing laws of this state pertaining to native wineries. (b) It is also the intent of this subchapter and § 3-5-405 [repealed]: (1) To provide for means of economic relief and stabilization of the native wine industry during periods of curtailed production of grapes, berries, fruits, and vegetables used in native wine production; (2) To serve as an incentive for the restoration of vineyards, orchards, and other production facilities of products used by the native wine industry in this state; and (3) To authorize the importation of products to offset losses of production of products in this state, only in accordance with a native wine industry disaster relief order of the Secretary of the Department of Finance and Administration. (c) It is not the intent of this subchapter and § 3-5-405 [repealed] to modify or repeal the existing native wine laws of this state except to the extent that the laws may be in specific conflict herewith. (d) Nothing in this subchapter and § 3-5-405 [repealed] shall be construed to require Arkansas wineries to pay gallonage tax in Arkansas on wines shipped and sold to wholesalers for sale outside of Arkansas. (e) Nothing in this subchapter and § 3-5-405 [repealed] shall be construed to modify, amend, or repeal the laws of this state which require that the production of native wine shall be in accordance with applicable federal wine regulations with respect to the blending or labelling of wine. Amended by Act 2019, No. 910,§ 3315, eff. 7/1/2019. Acts 1981, No. 335, §§ 7, 8; A.S.A. 1947, §§ 48-647, 48-648.

(a) It is the intent of this subchapter and § 3-5-405 [repealed] that the provisions hereof shall be supplemental to the existing laws of this state pertaining to native wineries.

(b) It is also the intent of this subchapter and § 3-5-405 [repealed]: (1) To provide for means of economic relief and stabilization of the native wine industry during periods of curtailed production of grapes, berries, fruits, and vegetables used in native wine production; (2) To serve as an incentive for the restoration of vineyards, orchards, and other production facilities of products used by the native wine industry in this state; and (3) To authorize the importation of products to offset losses of production of products in this state, only in accordance with a native wine industry disaster relief order of the Secretary of the Department of Finance and Administration.

(1) To provide for means of economic relief and stabilization of the native wine industry during periods of curtailed production of grapes, berries, fruits, and vegetables used in native wine production;

(2) To serve as an incentive for the restoration of vineyards, orchards, and other production facilities of products used by the native wine industry in this state; and

(3) To authorize the importation of products to offset losses of production of products in this state, only in accordance with a native wine industry disaster relief order of the Secretary of the Department of Finance and Administration.

(c) It is not the intent of this subchapter and § 3-5-405 [repealed] to modify or repeal the existing native wine laws of this state except to the extent that the laws may be in specific conflict herewith.

(d) Nothing in this subchapter and § 3-5-405 [repealed] shall be construed to require Arkansas wineries to pay gallonage tax in Arkansas on wines shipped and sold to wholesalers for sale outside of Arkansas.

(e) Nothing in this subchapter and § 3-5-405 [repealed] shall be construed to modify, amend, or repeal the laws of this state which require that the production of native wine shall be in accordance with applicable federal wine regulations with respect to the blending or labelling of wine.

Amended by Act 2019, No. 910,§ 3315, eff. 7/1/2019.

Acts 1981, No. 335, §§ 7, 8; A.S.A. 1947, §§ 48-647, 48-648.
Ark. Code Ann. § 3-9-205 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-205
Rules - Police power of state and local governments
Status: in_force

(a) The Alcoholic Beverage Control Board is authorized to adopt and enforce reasonable rules governing the qualifications for permits hereunder, the operation of licensed premises, and otherwise implementing and effectuating the provisions and purposes of this subchapter and, in so doing, shall be guided, insofar as pertinent, by rules now or hereafter applicable to retail liquor outlets. (b) Nothing in this subchapter, however, shall be construed as limiting the power of other proper state or local governmental bodies to regulate the operation of establishments under this subchapter as may be necessary for the protection of public health, welfare, safety, and morals. Amended by Act 2019, No. 315,§ 98, eff. 7/24/2019. Acts 1969, No. 132, § 12; 1973, No. 387, § 1; 1975, No. 137, § 1; A.S.A. 1947, § 48-1412.

(a) The Alcoholic Beverage Control Board is authorized to adopt and enforce reasonable rules governing the qualifications for permits hereunder, the operation of licensed premises, and otherwise implementing and effectuating the provisions and purposes of this subchapter and, in so doing, shall be guided, insofar as pertinent, by rules now or hereafter applicable to retail liquor outlets.

(b) Nothing in this subchapter, however, shall be construed as limiting the power of other proper state or local governmental bodies to regulate the operation of establishments under this subchapter as may be necessary for the protection of public health, welfare, safety, and morals.

Amended by Act 2019, No. 315,§ 98, eff. 7/24/2019.

Acts 1969, No. 132, § 12; 1973, No. 387, § 1; 1975, No. 137, § 1; A.S.A. 1947, § 48-1412.
Ark. Code Ann. § 3-7-109 — AR Code / Title 3 / Chapter 7 / Subchapter 1 / Section 3-7-109
Delinquent taxes
Status: in_force

On the failure of any person, liable therefor, to pay the taxes imposed by §§ 3-7-101 - 3-7-104 and 3-7-106 - 3-7-110 within fifteen (15) days after the taxes have become due, he or she shall be deemed delinquent. A penalty of twenty percent (20%) on the amount of license tax due shall attach. The Auditor of State shall at once cause proceedings to be instituted for the collection of the license tax, with such interest and penalties as may be provided by law for the collection of other taxes. Acts 1935, No. 109, § 10; Pope's Dig., § 14182; A.S.A. 1947, § 48-408.

On the failure of any person, liable therefor, to pay the taxes imposed by §§ 3-7-101 - 3-7-104 and 3-7-106 - 3-7-110 within fifteen (15) days after the taxes have become due, he or she shall be deemed delinquent. A penalty of twenty percent (20%) on the amount of license tax due shall attach. The Auditor of State shall at once cause proceedings to be instituted for the collection of the license tax, with such interest and penalties as may be provided by law for the collection of other taxes.

Acts 1935, No. 109, § 10; Pope's Dig., § 14182; A.S.A. 1947, § 48-408.
Ark. Code Ann. § 3-5-305 — AR Code / Title 3 / Chapter 5 / Subchapter 3 / Section 3-5-305
Applications - Protests
Status: in_force

Upon receipt by the Director of the Alcoholic Beverage Control Division within the thirty (30) days of a protest against issuance of a permit by a governing official of the city or county to whom the notice of an application for permit has been mailed, the director shall not issue the license until he or she has held a public hearing. Acts 1943, No. 244, § 1; 1973, No. 189, § 2; 1981, No. 790, § 5; A.S.A. 1947, § 48-528.

Upon receipt by the Director of the Alcoholic Beverage Control Division within the thirty (30) days of a protest against issuance of a permit by a governing official of the city or county to whom the notice of an application for permit has been mailed, the director shall not issue the license until he or she has held a public hearing.

Acts 1943, No. 244, § 1; 1973, No. 189, § 2; 1981, No. 790, § 5; A.S.A. 1947, § 48-528.
Ark. Code Ann. § 3-3-208 — AR Code / Title 3 / Chapter 3 / Subchapter 2 / Section 3-3-208
Possession or procuring orders
Status: in_force

(a) Any person who, by himself, herself, his or her employee, servant, agent for himself or herself, or any other person, shall keep or carry on his or her person or in any vehicle or leave in a place for another to secure any intoxicating alcoholic liquor with the intent to sell the liquor in violation of this act or who shall within this state in any manner, directly or indirectly, solicit, take, or accept any order for the purchase, sale, shipment, or delivery of intoxicating liquor for beverage purposes in violation of the requirements of this act shall be guilty of a violation. (b) (1) He or she shall be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for the first offense. (2) For the second and subsequent offenses, he or she shall be guilty of a Class A misdemeanor. (c) The penalties prescribed herein shall be in addition to any other penalty prescribed by law. Acts 1943, No. 218, § 1; A.S.A. 1947, § 48-901; Acts 2005, No. 1994, § 210.

(a) Any person who, by himself, herself, his or her employee, servant, agent for himself or herself, or any other person, shall keep or carry on his or her person or in any vehicle or leave in a place for another to secure any intoxicating alcoholic liquor with the intent to sell the liquor in violation of this act or who shall within this state in any manner, directly or indirectly, solicit, take, or accept any order for the purchase, sale, shipment, or delivery of intoxicating liquor for beverage purposes in violation of the requirements of this act shall be guilty of a violation.

(b) (1) He or she shall be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for the first offense. (2) For the second and subsequent offenses, he or she shall be guilty of a Class A misdemeanor.

(1) He or she shall be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for the first offense.

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

(c) The penalties prescribed herein shall be in addition to any other penalty prescribed by law.

Acts 1943, No. 218, § 1; A.S.A. 1947, § 48-901; Acts 2005, No. 1994, § 210.
Ark. Code Ann. § 3-4-705 — AR Code / Title 3 / Chapter 4 / Subchapter 7 / Section 3-4-705
Unauthorized sales - Penalties
Status: in_force

Any unauthorized sales pursuant to the permit created herein shall be subject to the same penalties as established for other off-premises retail permits pursuant to this title. Acts 1989, No. 617, § 7.

Any unauthorized sales pursuant to the permit created herein shall be subject to the same penalties as established for other off-premises retail permits pursuant to this title.

Acts 1989, No. 617, § 7.
Ark. Code Ann. § 3-7-201 — AR Code / Title 3 / Chapter 7 / Subchapter 2 / Section 3-7-201
Tax imposed - Collection
Status: in_force

(a) (1) (A) There is levied a special alcoholic beverage excise tax of three percent (3%) upon all retail receipts or proceeds derived from the sale of liquor, cordials, liqueurs, specialties, sparkling and still wines, and mead. (B) The tax is in addition to all other taxes now imposed and cumulative to the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq. (2) Native wine sold at retail in this state shall be subject to the special alcoholic beverage excise tax levied upon all retail receipts or proceeds derived from the sale of liquor, cordials, liqueurs, specialties, and sparkling and still wines under the provisions of this section. (b) It shall be the duty of every retailer in this state to collect the tax from the consumer in addition to the established retail price of beer, liquor, cordials, liqueurs, specialties, and sparkling and still wines and to file a return and remittance with the Secretary of the Department of Finance and Administration on or before the twentieth day of each calendar month for the preceding month. (c) Failure to file the return and remittance on the due date shall be cause for the secretary to enter an assessment for the return and remittance and add as a penalty ten percent (10%) of the amount of tax found to be due. (d) Returns shall be filed upon forms prescribed by the secretary in accordance with such rules as the secretary may promulgate hereunder. (e) The State Board of Education and the Division of Elementary and Secondary Education shall fully budget, fund, and expend or commit to expend the general revenue replacing the revenue derived from the previously imposed special alcoholic beverage excise tax on beer in addition to any other funding provided by law for essential programs such as subsidized child care for low-income families, the Arkansas Better Chance Program, and the Child Care and Early Childhood Education Fund Account in an amount equal to the appropriation level for the Arkansas Better Chance Program. (f) (1) There is levied a special alcoholic beverage excise tax of one percent (1%) upon all retail receipts or proceeds derived from the sale of beer. (2) The revenues derived from the excise tax on beer levied under subdivision (f)(1) of this section shall be deposited into the General Revenue Fund Account of the State Apportionment Fund to be distributed as general revenue. Amended by Act 2021, No. 271,§ 12, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 88, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3335, eff. 7/1/2019. Acts 1951, No. 252, § 3; 1953, No. 118, § 32(D); 1985, No. 1052, § 3; A.S.A. 1947, §§ 48-411, 48-608.2; Acts 2001, No. 1841, § 1; 2003, No. 272, § 1; 2005, No. 2188, § 1; 2007, No. 869, § 1; 2011, No. 982, § 2.

(a) (1) (A) There is levied a special alcoholic beverage excise tax of three percent (3%) upon all retail receipts or proceeds derived from the sale of liquor, cordials, liqueurs, specialties, sparkling and still wines, and mead. (B) The tax is in addition to all other taxes now imposed and cumulative to the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq. (2) Native wine sold at retail in this state shall be subject to the special alcoholic beverage excise tax levied upon all retail receipts or proceeds derived from the sale of liquor, cordials, liqueurs, specialties, and sparkling and still wines under the provisions of this section.

(1) (A) There is levied a special alcoholic beverage excise tax of three percent (3%) upon all retail receipts or proceeds derived from the sale of liquor, cordials, liqueurs, specialties, sparkling and still wines, and mead. (B) The tax is in addition to all other taxes now imposed and cumulative to the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq.

(A) There is levied a special alcoholic beverage excise tax of three percent (3%) upon all retail receipts or proceeds derived from the sale of liquor, cordials, liqueurs, specialties, sparkling and still wines, and mead.

(B) The tax is in addition to all other taxes now imposed and cumulative to the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq.

(2) Native wine sold at retail in this state shall be subject to the special alcoholic beverage excise tax levied upon all retail receipts or proceeds derived from the sale of liquor, cordials, liqueurs, specialties, and sparkling and still wines under the provisions of this section.

(b) It shall be the duty of every retailer in this state to collect the tax from the consumer in addition to the established retail price of beer, liquor, cordials, liqueurs, specialties, and sparkling and still wines and to file a return and remittance with the Secretary of the Department of Finance and Administration on or before the twentieth day of each calendar month for the preceding month.

(c) Failure to file the return and remittance on the due date shall be cause for the secretary to enter an assessment for the return and remittance and add as a penalty ten percent (10%) of the amount of tax found to be due.

(d) Returns shall be filed upon forms prescribed by the secretary in accordance with such rules as the secretary may promulgate hereunder.

(e) The State Board of Education and the Division of Elementary and Secondary Education shall fully budget, fund, and expend or commit to expend the general revenue replacing the revenue derived from the previously imposed special alcoholic beverage excise tax on beer in addition to any other funding provided by law for essential programs such as subsidized child care for low-income families, the Arkansas Better Chance Program, and the Child Care and Early Childhood Education Fund Account in an amount equal to the appropriation level for the Arkansas Better Chance Program.

(f) (1) There is levied a special alcoholic beverage excise tax of one percent (1%) upon all retail receipts or proceeds derived from the sale of beer. (2) The revenues derived from the excise tax on beer levied under subdivision (f)(1) of this section shall be deposited into the General Revenue Fund Account of the State Apportionment Fund to be distributed as general revenue.

(1) There is levied a special alcoholic beverage excise tax of one percent (1%) upon all retail receipts or proceeds derived from the sale of beer.

(2) The revenues derived from the excise tax on beer levied under subdivision (f)(1) of this section shall be deposited into the General Revenue Fund Account of the State Apportionment Fund to be distributed as general revenue.

Amended by Act 2021, No. 271,§ 12, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 88, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3335, eff. 7/1/2019.

Acts 1951, No. 252, § 3; 1953, No. 118, § 32(D); 1985, No. 1052, § 3; A.S.A. 1947, §§ 48-411, 48-608.2; Acts 2001, No. 1841, § 1; 2003, No. 272, § 1; 2005, No. 2188, § 1; 2007, No. 869, § 1; 2011, No. 982, § 2.
Ark. Code Ann. § 3-5-801 — AR Code / Title 3 / Chapter 5 / Subchapter 8 / Section 3-5-801
Title
Status: in_force

This subchapter and § 3-5-405 [repealed] shall be known as the "Native Wine Industry Disaster Relief Act". Acts 1981, No. 335, § 1; A.S.A. 1947, § 48-642.

This subchapter and § 3-5-405 [repealed] shall be known as the "Native Wine Industry Disaster Relief Act".

Acts 1981, No. 335, § 1; A.S.A. 1947, § 48-642.
Ark. Code Ann. § 3-4-905 — AR Code / Title 3 / Chapter 4 / Subchapter 9 / Section 3-4-905
Rules and forms
Status: in_force

The Alcoholic Beverage Control Division is authorized to adopt reasonable rules implementing and facilitating the purpose and intent of this subchapter, to establish appropriate application forms, permit forms, and procedures, and to do any and all other things necessary to implement the provisions of this subchapter. Amended by Act 2019, No. 315,§ 59, eff. 7/24/2019. Acts 1999, No. 1170, § 4.

The Alcoholic Beverage Control Division is authorized to adopt reasonable rules implementing and facilitating the purpose and intent of this subchapter, to establish appropriate application forms, permit forms, and procedures, and to do any and all other things necessary to implement the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 59, eff. 7/24/2019.

Acts 1999, No. 1170, § 4.
Ark. Code Ann. § 3-8-102 — AR Code / Title 3 / Chapter 8 / Subchapter 1 / Section 3-8-102
Effect of dry vote - Retail dealers - Definition
Status: in_force

(a) Retail dealers in alcoholic beverages shall be allowed a period of sixty (60) days in which to dispose of stock after the final determination of the results of local option election by which the political subdivision in which the dealer is located shall have voted against the manufacture and sale of alcoholic beverages. (b) During the sixty-day period defined in subsection (a) of this section, the retailer may not purchase any alcoholic beverages, but must restrict his or her business to the sale of those items on hand as of the date the election results are finally determined. (c) As used in this section, "final determination" means the date of certification of the results of an uncontested election or, if contested, the date of the issuance of the mandate by the court finally determining an election contest. Acts 1957, No. 212, §§ 1-3; A.S.A. 1947, §§ 48-826 -- 48-828.

(a) Retail dealers in alcoholic beverages shall be allowed a period of sixty (60) days in which to dispose of stock after the final determination of the results of local option election by which the political subdivision in which the dealer is located shall have voted against the manufacture and sale of alcoholic beverages.

(b) During the sixty-day period defined in subsection (a) of this section, the retailer may not purchase any alcoholic beverages, but must restrict his or her business to the sale of those items on hand as of the date the election results are finally determined.

(c) As used in this section, "final determination" means the date of certification of the results of an uncontested election or, if contested, the date of the issuance of the mandate by the court finally determining an election contest.

Acts 1957, No. 212, §§ 1-3; A.S.A. 1947, §§ 48-826 -- 48-828.
Ark. Code Ann. § 3-8-313 — AR Code / Title 3 / Chapter 8 / Subchapter 3 / Section 3-8-313
Indictment
Status: in_force

(a) In an indictment for a violation of any provision of this act or for a violation of any act amendatory hereof, it shall not be necessary to allege that a vote was taken or any election held, or any other step relative thereto. (b) It may be simply stated that the act or acts charged were committed in a territory where this act was in force, and in the indictment it shall be sufficient to designate this act as the local option law. Acts 1935, No. 108, Art. 7, § 6; Pope's Dig., § 14152; A.S.A. 1947, § 48-812.

(a) In an indictment for a violation of any provision of this act or for a violation of any act amendatory hereof, it shall not be necessary to allege that a vote was taken or any election held, or any other step relative thereto.

(b) It may be simply stated that the act or acts charged were committed in a territory where this act was in force, and in the indictment it shall be sufficient to designate this act as the local option law.

Acts 1935, No. 108, Art. 7, § 6; Pope's Dig., § 14152; A.S.A. 1947, § 48-812.
Ark. Code Ann. § 3-5-301 — AR Code / Title 3 / Chapter 5 / Subchapter 3 / Section 3-5-301
Subchapter cumulative
Status: in_force

This subchapter shall not be construed to repeal any other laws regulating the sale of beer, but shall be construed as cumulative thereto. Acts 1943, No. 244, § 9; A.S.A. 1947, § 48-536.

This subchapter shall not be construed to repeal any other laws regulating the sale of beer, but shall be construed as cumulative thereto.

Acts 1943, No. 244, § 9; A.S.A. 1947, § 48-536.
Ark. Code Ann. § 3-8-802 — AR Code / Title 3 / Chapter 8 / Subchapter 8 / Section 3-8-802
Hiring and training of paid canvassers
Status: in_force

(a) (1) A person shall not provide money or anything of value to another person for obtaining signatures on a local option election petition unless the person receiving the money or item of value meets the requirements of this section. (2) Before a signature is solicited by a paid canvasser, the sponsor shall: (A) Explain the Arkansas law applicable to obtaining signatures on a local option election petition to the canvasser; and (B) (i) Provide a complete list of all paid canvassers' names and current residential addresses to the county clerk. (ii) If additional paid canvassers agree to solicit signatures on behalf of a sponsor after the complete list is provided, the sponsor shall provide an updated list of all paid canvassers' names and current residential addresses to the county clerk. (b) Before obtaining a signature on a local option election petition as a paid canvasser, a person shall submit in person or by mail to the sponsor: (1) The full name and any assumed name of the person; (2) The current residence address of the person and the person's permanent domicile address if the person's permanent domicile address is different from the person's current residence address; (3) A signed statement taken under oath or solemn affirmation that states that the person has not pleaded guilty or nolo contendere to or been found guilty of a criminal offense involving a violation of the election laws, fraud, forgery, or identification theft in any state; (4) A signed statement that the person has read and understands the Arkansas law applicable to obtaining signatures on a local option election petition; and (5) A photograph of the person taken within ninety (90) days of the submission of the information required under this section. (c) A sponsor shall maintain the information required under this section for each paid canvasser for three (3) years after the general election. Amended by Act 2015, No. 1251,§ 4, eff. 7/22/2015. Added by Act 2013, No. 1432,§ 8, eff. 8/16/2013.

(a) (1) A person shall not provide money or anything of value to another person for obtaining signatures on a local option election petition unless the person receiving the money or item of value meets the requirements of this section. (2) Before a signature is solicited by a paid canvasser, the sponsor shall: (A) Explain the Arkansas law applicable to obtaining signatures on a local option election petition to the canvasser; and (B) (i) Provide a complete list of all paid canvassers' names and current residential addresses to the county clerk. (ii) If additional paid canvassers agree to solicit signatures on behalf of a sponsor after the complete list is provided, the sponsor shall provide an updated list of all paid canvassers' names and current residential addresses to the county clerk.

(1) A person shall not provide money or anything of value to another person for obtaining signatures on a local option election petition unless the person receiving the money or item of value meets the requirements of this section.

(2) Before a signature is solicited by a paid canvasser, the sponsor shall: (A) Explain the Arkansas law applicable to obtaining signatures on a local option election petition to the canvasser; and (B) (i) Provide a complete list of all paid canvassers' names and current residential addresses to the county clerk. (ii) If additional paid canvassers agree to solicit signatures on behalf of a sponsor after the complete list is provided, the sponsor shall provide an updated list of all paid canvassers' names and current residential addresses to the county clerk.

(A) Explain the Arkansas law applicable to obtaining signatures on a local option election petition to the canvasser; and

(B) (i) Provide a complete list of all paid canvassers' names and current residential addresses to the county clerk. (ii) If additional paid canvassers agree to solicit signatures on behalf of a sponsor after the complete list is provided, the sponsor shall provide an updated list of all paid canvassers' names and current residential addresses to the county clerk.

(i) Provide a complete list of all paid canvassers' names and current residential addresses to the county clerk.

(ii) If additional paid canvassers agree to solicit signatures on behalf of a sponsor after the complete list is provided, the sponsor shall provide an updated list of all paid canvassers' names and current residential addresses to the county clerk.

(b) Before obtaining a signature on a local option election petition as a paid canvasser, a person shall submit in person or by mail to the sponsor: (1) The full name and any assumed name of the person; (2) The current residence address of the person and the person's permanent domicile address if the person's permanent domicile address is different from the person's current residence address; (3) A signed statement taken under oath or solemn affirmation that states that the person has not pleaded guilty or nolo contendere to or been found guilty of a criminal offense involving a violation of the election laws, fraud, forgery, or identification theft in any state; (4) A signed statement that the person has read and understands the Arkansas law applicable to obtaining signatures on a local option election petition; and (5) A photograph of the person taken within ninety (90) days of the submission of the information required under this section.

(1) The full name and any assumed name of the person;

(2) The current residence address of the person and the person's permanent domicile address if the person's permanent domicile address is different from the person's current residence address;

(3) A signed statement taken under oath or solemn affirmation that states that the person has not pleaded guilty or nolo contendere to or been found guilty of a criminal offense involving a violation of the election laws, fraud, forgery, or identification theft in any state;

(4) A signed statement that the person has read and understands the Arkansas law applicable to obtaining signatures on a local option election petition; and

(5) A photograph of the person taken within ninety (90) days of the submission of the information required under this section.

(c) A sponsor shall maintain the information required under this section for each paid canvasser for three (3) years after the general election.

Amended by Act 2015, No. 1251,§ 4, eff. 7/22/2015.

Added by Act 2013, No. 1432,§ 8, eff. 8/16/2013.
Ark. Code Ann. § 3-8-705 — AR Code / Title 3 / Chapter 8 / Subchapter 7 / Section 3-8-705
Financial reports - Requirement
Status: in_force

(a) A local-option ballot question committee that either receives contributions or makes 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 shall file with the Arkansas Ethics Commission a Ballot Question Committee Financial Report as required by §§ 7-9-407 - 7-9-409 . (b) An individual person who on his or her own behalf expends in excess of five hundred dollars ($500), excluding contributions, for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question shall file with the commission financial reports as required by §§ 7-9-407 - 7-9-409 . (c) An elected official expending public funds 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 shall file with the commission financial reports as required by §§ 7-9-407 - 7-9-409 . (d) Except as provided in subsection (e) of this section, a report required by this subchapter shall be deemed timely filed if it is: (1) Hand-delivered to the commission on or before the date due; (2) Mailed to the commission, properly addressed, postage prepaid, bearing a postmark indicating that it was received by the post office or common carrier on or before the date due; (3) Received via facsimile by the commission on or before the date due, provided that the original is received by the commission within ten (10) days of the transmission; or (4) Received by the commission in a readable electronic format that is approved by the commission. (e) Whenever a report under this subchapter becomes due on a day that is a Saturday, Sunday, or legal holiday, the report shall be due the next day that is not a Saturday, Sunday, or legal holiday. (f) A preelection report is timely filed if it is received by the commission no later than seven (7) days prior to the election for which it is filed. Amended by Act 2015, No. 226,§ 3, eff. 7/22/2015. Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.

(a) A local-option ballot question committee that either receives contributions or makes 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 shall file with the Arkansas Ethics Commission a Ballot Question Committee Financial Report as required by §§ 7-9-407 - 7-9-409 .

(b) An individual person who on his or her own behalf expends in excess of five hundred dollars ($500), excluding contributions, for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question shall file with the commission financial reports as required by §§ 7-9-407 - 7-9-409 .

(c) An elected official expending public funds 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 shall file with the commission financial reports as required by §§ 7-9-407 - 7-9-409 .

(d) Except as provided in subsection (e) of this section, a report required by this subchapter shall be deemed timely filed if it is: (1) Hand-delivered to the commission on or before the date due; (2) Mailed to the commission, properly addressed, postage prepaid, bearing a postmark indicating that it was received by the post office or common carrier on or before the date due; (3) Received via facsimile by the commission on or before the date due, provided that the original is received by the commission within ten (10) days of the transmission; or (4) Received by the commission in a readable electronic format that is approved by the commission.

(1) Hand-delivered to the commission on or before the date due;

(2) Mailed to the commission, properly addressed, postage prepaid, bearing a postmark indicating that it was received by the post office or common carrier on or before the date due;

(3) Received via facsimile by the commission on or before the date due, provided that the original is received by the commission within ten (10) days of the transmission; or

(4) Received by the commission in a readable electronic format that is approved by the commission.

(e) Whenever a report under this subchapter becomes due on a day that is a Saturday, Sunday, or legal holiday, the report shall be due the next day that is not a Saturday, Sunday, or legal holiday.

(f) A preelection report is timely filed if it is received by the commission no later than seven (7) days prior to the election for which it is filed.

Amended by Act 2015, No. 226,§ 3, eff. 7/22/2015.

Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 3-5-1208 — AR Code / Title 3 / Chapter 5 / Subchapter 12 / Section 3-5-1208
Rules
Status: in_force

The Director of the Alcoholic Beverage Control Division, the Alcoholic Beverage Control Board, and the Secretary of the Department of Finance and Administration, and any other applicable agency of this state, shall promulgate and adopt such rules as they deem necessary for the implementation of this subchapter, which rules may consist in whole or in part of the federal regulations. Amended by Act 2019, No. 315,§ 80, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3324, eff. 7/1/2019. Acts 1991, No. 611, § 1.

The Director of the Alcoholic Beverage Control Division, the Alcoholic Beverage Control Board, and the Secretary of the Department of Finance and Administration, and any other applicable agency of this state, shall promulgate and adopt such rules as they deem necessary for the implementation of this subchapter, which rules may consist in whole or in part of the federal regulations.

Amended by Act 2019, No. 315,§ 80, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3324, eff. 7/1/2019.

Acts 1991, No. 611, § 1.
Ark. Code Ann. § 3-5-1408 — AR Code / Title 3 / Chapter 5 / Subchapter 14 / Section 3-5-1408
Fees and taxes
Status: in_force

A small brewer shall: (1) Pay any applicable city or county license or permit fees and barrelage or taxes and shall pay a state licensing fee to the Alcoholic Beverage Control Division of three hundred dollars ($300) per fiscal year to: (A) Manufacture and sell its beer, malt beverages, and hard cider for consumption, both on and off the premises; and (B) Sell any other beer, malt beverages, and hard cider purchased from a licensed dealer for consumption on or off the premises; (2) Measure beer, malt beverages, and hard cider manufactured by the small brewer or purchased from a contract brewery, or otherwise comply with applicable rules respecting excise and enforcement tax determination of the beer, malt beverages, and hard cider, and pay any applicable bond or deposit and the amount of the state excise tax and enforcement tax to this state as required, but is free from the fees and taxes provided in § 3-5-205 and as required by §§ 3-7-104 and 3-7-111 ; and (3) Pay a tax at the rate of seven dollars and fifty cents ($7.50) per barrel, and proportionately for larger and smaller gallonages per barrel, on all beer, malt beverages, and hard cider in quantities of up to forty-five thousand (45,000) barrels per year and sold or offered for sale in the state. Amended by Act 2019, No. 315,§ 82, eff. 7/24/2019. Amended by Act 2015, No. 857,§ 9, eff. 3/31/2015. Acts 2003, No. 1805, § 8; 2009, No. 1459, § 3.

A small brewer shall:

(1) Pay any applicable city or county license or permit fees and barrelage or taxes and shall pay a state licensing fee to the Alcoholic Beverage Control Division of three hundred dollars ($300) per fiscal year to: (A) Manufacture and sell its beer, malt beverages, and hard cider for consumption, both on and off the premises; and (B) Sell any other beer, malt beverages, and hard cider purchased from a licensed dealer for consumption on or off the premises;

(A) Manufacture and sell its beer, malt beverages, and hard cider for consumption, both on and off the premises; and

(B) Sell any other beer, malt beverages, and hard cider purchased from a licensed dealer for consumption on or off the premises;

(2) Measure beer, malt beverages, and hard cider manufactured by the small brewer or purchased from a contract brewery, or otherwise comply with applicable rules respecting excise and enforcement tax determination of the beer, malt beverages, and hard cider, and pay any applicable bond or deposit and the amount of the state excise tax and enforcement tax to this state as required, but is free from the fees and taxes provided in § 3-5-205 and as required by §§ 3-7-104 and 3-7-111 ; and

(3) Pay a tax at the rate of seven dollars and fifty cents ($7.50) per barrel, and proportionately for larger and smaller gallonages per barrel, on all beer, malt beverages, and hard cider in quantities of up to forty-five thousand (45,000) barrels per year and sold or offered for sale in the state.

Amended by Act 2019, No. 315,§ 82, eff. 7/24/2019.

Amended by Act 2015, No. 857,§ 9, eff. 3/31/2015.

Acts 2003, No. 1805, § 8; 2009, No. 1459, § 3.
Ark. Code Ann. § 3-5-1004 — AR Code / Title 3 / Chapter 5 / Subchapter 10 / Section 3-5-1004
Eligibility - Payment - Amount
Status: in_force

(a) The subsidy to Arkansas growers of grapes, berries, fruits, or vegetables used in the production of wine in wineries in this state shall be in the form of payments made to each winery in this state with respect to all grapes, berries, fruits, or vegetables grown in this state which are bought by Arkansas wineries and used in the production of wine in this state. (b) The subsidy shall not be available to wineries in this state with respect to grapes, berries, fruits, or vegetables produced outside the State of Arkansas. (c) The winery paying the native wine tax shall be allowed to draw the subsidy within thirty (30) days after the wine tax is paid for the previous months' sales. (d) The subsidy provided in this subchapter shall be computed at the rate of seven cents (7¢) per pound for Arkansas-produced grapes, berries, fruits, and vegetables purchased and used in the production of wine by wineries in this state. However, the aggregate amount of subsidy that any one (1) winery may receive under the provisions of this subchapter shall not exceed an amount in excess of the equivalent of sixty-nine cents (69¢) on each seventy-five cents (75¢) of tax levied in this state upon each gallon of wine sold in this state by the winery produced from Arkansas-grown fruits and vegetables upon which the tax is paid. Acts 1975, No. 679, §§ 3, 4; A.S.A. 1947, §§ 48-639, 48-640.

(a) The subsidy to Arkansas growers of grapes, berries, fruits, or vegetables used in the production of wine in wineries in this state shall be in the form of payments made to each winery in this state with respect to all grapes, berries, fruits, or vegetables grown in this state which are bought by Arkansas wineries and used in the production of wine in this state.

(b) The subsidy shall not be available to wineries in this state with respect to grapes, berries, fruits, or vegetables produced outside the State of Arkansas.

(c) The winery paying the native wine tax shall be allowed to draw the subsidy within thirty (30) days after the wine tax is paid for the previous months' sales.

(d) The subsidy provided in this subchapter shall be computed at the rate of seven cents (7¢) per pound for Arkansas-produced grapes, berries, fruits, and vegetables purchased and used in the production of wine by wineries in this state. However, the aggregate amount of subsidy that any one (1) winery may receive under the provisions of this subchapter shall not exceed an amount in excess of the equivalent of sixty-nine cents (69¢) on each seventy-five cents (75¢) of tax levied in this state upon each gallon of wine sold in this state by the winery produced from Arkansas-grown fruits and vegetables upon which the tax is paid.

Acts 1975, No. 679, §§ 3, 4; A.S.A. 1947, §§ 48-639, 48-640.
Ark. Code Ann. § 3-5-1002 — AR Code / Title 3 / Chapter 5 / Subchapter 10 / Section 3-5-1002
Implementation dependent on federal legislation
Status: in_force

(a) The provisions of this subchapter shall be effective, and shall be implemented, only in the event the Congress of the United States enacts legislation obviating the Native Wine Law of this state and prohibits the State of Arkansas from granting to native wineries the incentives to purchase Arkansas-produced grapes, berries, fruits, or vegetables used in the production of native wine in this state. (b) In the event of the enactment of federal legislation, the provisions of this subchapter shall become effective on the effective date of the federal legislation. Acts 1975, No. 679, § 7; A.S.A. 1947, § 48-641n.

(a) The provisions of this subchapter shall be effective, and shall be implemented, only in the event the Congress of the United States enacts legislation obviating the Native Wine Law of this state and prohibits the State of Arkansas from granting to native wineries the incentives to purchase Arkansas-produced grapes, berries, fruits, or vegetables used in the production of native wine in this state.

(b) In the event of the enactment of federal legislation, the provisions of this subchapter shall become effective on the effective date of the federal legislation.

Acts 1975, No. 679, § 7; A.S.A. 1947, § 48-641n.
Ark. Code Ann. § 3-6-101 — AR Code / Title 3 / Chapter 6 / Section 3-6-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Native Brandy Law". Acts 1953, No. 163, § 1; A.S.A. 1947, § 48-706.

This chapter shall be known and may be cited as the "Native Brandy Law".

Acts 1953, No. 163, § 1; A.S.A. 1947, § 48-706.
Ark. Code Ann. § 3-8-306 — AR Code / Title 3 / Chapter 8 / Subchapter 3 / Section 3-8-306
Certificate of election results
Status: in_force

(a) If it shall be found that a majority of the legal votes cast at any election provided for in this subchapter were given for or against the manufacture, sale, barter, loan, or giving away of any intoxicating liquors in the county, city, town, district, or precinct, it shall be the duty of the county board of election commissioners to certify that fact. The certificate shall be delivered to the clerk of the county court with a map or plat of the area covered by the election results and safely kept by him or her until the next regular term of the county court. (b) At the next regular term, the judge of the county court shall have the certificate spread upon the record of his or her court. (c) The entry of the certificate in the record or a certified copy thereof shall be prima facie evidence in any or all proceedings under this act. (d) When the local option results have been spread of record by the county clerk, the county clerk shall notify the Alcoholic Beverage Control Division of the results of the local option elections within thirty (30) days after the certificate has been spread of record. The notification submitted to the division shall include a certified copy of the election results and a map or plat of the area covered by the election results. Acts 1935, No. 108, Art. 7, § 3; Pope's Dig., § 14149; Acts 1983, No. 418, § 1; A.S.A. 1947, § 48-809.

(a) If it shall be found that a majority of the legal votes cast at any election provided for in this subchapter were given for or against the manufacture, sale, barter, loan, or giving away of any intoxicating liquors in the county, city, town, district, or precinct, it shall be the duty of the county board of election commissioners to certify that fact. The certificate shall be delivered to the clerk of the county court with a map or plat of the area covered by the election results and safely kept by him or her until the next regular term of the county court.

(b) At the next regular term, the judge of the county court shall have the certificate spread upon the record of his or her court.

(c) The entry of the certificate in the record or a certified copy thereof shall be prima facie evidence in any or all proceedings under this act.

(d) When the local option results have been spread of record by the county clerk, the county clerk shall notify the Alcoholic Beverage Control Division of the results of the local option elections within thirty (30) days after the certificate has been spread of record. The notification submitted to the division shall include a certified copy of the election results and a map or plat of the area covered by the election results.

Acts 1935, No. 108, Art. 7, § 3; Pope's Dig., § 14149; Acts 1983, No. 418, § 1; A.S.A. 1947, § 48-809.
Ark. Code Ann. § 3-5-303 — AR Code / Title 3 / Chapter 5 / Subchapter 3 / Section 3-5-303
Applications - Misstatement or concealment of facts
Status: in_force

Any misstatement or concealment of fact in the application shall be grounds for revocation of any license issued pursuant to the application. Acts 1943, No. 244, § 1; 1973, No. 189, § 2; A.S.A. 1947, § 48-528.

Any misstatement or concealment of fact in the application shall be grounds for revocation of any license issued pursuant to the application.

Acts 1943, No. 244, § 1; 1973, No. 189, § 2; A.S.A. 1947, § 48-528.
Ark. Code Ann. § 3-5-908 — AR Code / Title 3 / Chapter 5 / Subchapter 9 / Section 3-5-908
Arkansas Agricultural Marketing Grants Fund
Status: in_force

There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the Arkansas Agricultural Marketing Grants Fund, into which shall be paid the fees specified by § 19-6-839(b) and such moneys as may be provided by law to be used for making payments of grants to eligible Arkansas wineries under this subchapter. Amended by Act 2019, No. 1050,§ 3, eff. 7/24/2019. Acts 1985, No. 681, § 3; A.S.A. 1947, § 48-654; Acts 2003 (1st Ex. Sess.), No. 50, § 112.

There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the Arkansas Agricultural Marketing Grants Fund, into which shall be paid the fees specified by § 19-6-839(b) and such moneys as may be provided by law to be used for making payments of grants to eligible Arkansas wineries under this subchapter.

Amended by Act 2019, No. 1050,§ 3, eff. 7/24/2019.

Acts 1985, No. 681, § 3; A.S.A. 1947, § 48-654; Acts 2003 (1st Ex. Sess.), No. 50, § 112.
Ark. Code Ann. § 3-4-212 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-212
Applications - Denial
Status: in_force

(a) On all permit applications and administrative applications processed by the Alcoholic Beverage Control Division, in the event that any such application is denied, one-half (½) of the stated amount of fee will be retained by the State of Arkansas to cover the costs of investigation and administrative processing of applications. (b) The remainder will be refunded to the applicant pursuant to established administrative procedures. Acts 1983, No. 675, § 5; A.S.A. 1947, § 48-311.1.

(a) On all permit applications and administrative applications processed by the Alcoholic Beverage Control Division, in the event that any such application is denied, one-half (½) of the stated amount of fee will be retained by the State of Arkansas to cover the costs of investigation and administrative processing of applications.

(b) The remainder will be refunded to the applicant pursuant to established administrative procedures.

Acts 1983, No. 675, § 5; A.S.A. 1947, § 48-311.1.
Ark. Code Ann. § 3-5-1203 — AR Code / Title 3 / Chapter 5 / Subchapter 12 / Section 3-5-1203
Effect on other laws
Status: in_force

Every provision of this subchapter shall be subject to all beer, malt beverage, hard cider, or ready-to-drink product laws and rules, except that conflicting beer, malt beverage, hard cider, or ready-to-drink product laws and rules shall be inapplicable to any provision of this subchapter to the extent that they conflict herewith. Amended by Act 2023, No. 169,§ 4, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 78, eff. 7/24/2019. Acts 1991, No. 611, § 1; 1995, No. 491, § 2.

Every provision of this subchapter shall be subject to all beer, malt beverage, hard cider, or ready-to-drink product laws and rules, except that conflicting beer, malt beverage, hard cider, or ready-to-drink product laws and rules shall be inapplicable to any provision of this subchapter to the extent that they conflict herewith.

Amended by Act 2023, No. 169,§ 4, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 78, eff. 7/24/2019.

Acts 1991, No. 611, § 1; 1995, No. 491, § 2.
Ark. Code Ann. § 3-8-206 — AR Code / Title 3 / Chapter 8 / Subchapter 2 / Section 3-8-206
Conduct of election
Status: in_force

(a) (1) The county board of election commissioners of the particular county shall cause the question to be placed on the ballot at the general election in the following form: "[ ] FOR the Manufacture or Sale of Intoxicating Liquors [ ] AGAINST the Manufacture or Sale of Intoxicating Liquors". (2) Each elector shall be instructed on the ballot to vote FOR or AGAINST the question by placing an appropriate mark. (b) The county board of election commissioners shall count the votes cast on the question of the manufacture and sale of alcoholic beverages in the designated area and shall deliver its certificate declaring the result of the election, together with the election returns, within three (3) days after the date of the election, to the county clerk of the county. (c) Upon petition of twenty-five (25) interested legal voters in the territory affected, 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 such recount. (d) Within twenty (20) days after the election, the county court shall make and have entered of record its order declaring the result of the election. (e) The costs of any elections held under the provisions of this subchapter shall be paid by the county in the same manner as other costs of general elections. Init. Meas. 1942, No. 1, § 2, Acts 1943, p. 998; Acts 1985, No. 266, § 2; A.S.A. 1947, § 48-802; Acts 1997, No. 449, § 3.

(a) (1) The county board of election commissioners of the particular county shall cause the question to be placed on the ballot at the general election in the following form: "[ ] FOR the Manufacture or Sale of Intoxicating Liquors [ ] AGAINST the Manufacture or Sale of Intoxicating Liquors". (2) Each elector shall be instructed on the ballot to vote FOR or AGAINST the question by placing an appropriate mark.

(1) The county board of election commissioners of the particular county shall cause the question to be placed on the ballot at the general election in the following form: "[ ] FOR the Manufacture or Sale of Intoxicating Liquors [ ] AGAINST the Manufacture or Sale of Intoxicating Liquors".

"[ ] FOR the Manufacture or Sale of Intoxicating Liquors

[ ] AGAINST the Manufacture or Sale of Intoxicating Liquors".

(2) Each elector shall be instructed on the ballot to vote FOR or AGAINST the question by placing an appropriate mark.

(b) The county board of election commissioners shall count the votes cast on the question of the manufacture and sale of alcoholic beverages in the designated area and shall deliver its certificate declaring the result of the election, together with the election returns, within three (3) days after the date of the election, to the county clerk of the county.

(c) Upon petition of twenty-five (25) interested legal voters in the territory affected, 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 such recount.

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

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

Init. Meas. 1942, No. 1, § 2, Acts 1943, p. 998; Acts 1985, No. 266, § 2; A.S.A. 1947, § 48-802; Acts 1997, No. 449, § 3.
Ark. Code Ann. § 3-2-216 — AR Code / Title 3 / Chapter 2 / Subchapter 2 / Section 3-2-216
Appeal to courts
Status: in_force

An appeal of the decision of the Alcoholic Beverage Control Board may be filed in conformance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1951, No. 159, § 17; A.S.A. 1947, § 48-1316; Acts 1995, No. 652, § 6.

An appeal of the decision of the Alcoholic Beverage Control Board may be filed in conformance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1951, No. 159, § 17; A.S.A. 1947, § 48-1316; Acts 1995, No. 652, § 6.
Ark. Code Ann. § 3-4-703 — AR Code / Title 3 / Chapter 4 / Subchapter 7 / Section 3-4-703
Authorized purchasers
Status: in_force

Sales of alcoholic beverages under the post exchange permit shall be limited to those persons over twenty-one (21) years of age who are: (1) Active or retired members of the Army National Guard and Air National Guard; (2) Active, retired, and reserve members of the United States Armed Forces; (3) United States Department of Defense employees; (4) Full-time employees of the militia; (5) Students attending training programs at Camp Joseph T. Robinson or Fort Chaffee; (6) Contractors and their employees performing work pursuant to a contract with the United States or the State of Arkansas on Camp Joseph T. Robinson or Fort Chaffee; (7) Employees of tenant government agencies located on Camp Joseph T. Robinson or Fort Chaffee; and (8) Dependents of the above-named persons who hold identification cards evidencing their status as may be found acceptable to the Adjutant General. Acts 1989, No. 617, § 5; 1995, No. 521, § 2; 1997, No. 1201, § 13.

Sales of alcoholic beverages under the post exchange permit shall be limited to those persons over twenty-one (21) years of age who are:

(1) Active or retired members of the Army National Guard and Air National Guard;

(2) Active, retired, and reserve members of the United States Armed Forces;

(3) United States Department of Defense employees;

(4) Full-time employees of the militia;

(5) Students attending training programs at Camp Joseph T. Robinson or Fort Chaffee;

(6) Contractors and their employees performing work pursuant to a contract with the United States or the State of Arkansas on Camp Joseph T. Robinson or Fort Chaffee;

(7) Employees of tenant government agencies located on Camp Joseph T. Robinson or Fort Chaffee; and

(8) Dependents of the above-named persons who hold identification cards evidencing their status as may be found acceptable to the Adjutant General.

Acts 1989, No. 617, § 5; 1995, No. 521, § 2; 1997, No. 1201, § 13.
Ark. Code Ann. § 3-5-1303 — AR Code / Title 3 / Chapter 5 / Subchapter 13 / Section 3-5-1303
When permit required
Status: in_force

(a) A nonresident seller's permit is required of any manufacturer, brewery, supplier, or other such person who sells or distributes beer or malt to any wholesale dealer and distributor, regardless of whether the sale is consummated inside or outside this state. (b) (1) The holder of a nonresident seller's permit may also apply for and receive a wholesaler support center permit. (2) An applicant for a wholesaler support center permit must also be the holder of a nonresident seller's permit. Acts 1995, No. 537, § 3; 1999, No. 96, § 2.

(a) A nonresident seller's permit is required of any manufacturer, brewery, supplier, or other such person who sells or distributes beer or malt to any wholesale dealer and distributor, regardless of whether the sale is consummated inside or outside this state.

(b) (1) The holder of a nonresident seller's permit may also apply for and receive a wholesaler support center permit. (2) An applicant for a wholesaler support center permit must also be the holder of a nonresident seller's permit.

(1) The holder of a nonresident seller's permit may also apply for and receive a wholesaler support center permit.

(2) An applicant for a wholesaler support center permit must also be the holder of a nonresident seller's permit.

Acts 1995, No. 537, § 3; 1999, No. 96, § 2.
Ark. Code Ann. § 3-2-217 — AR Code / Title 3 / Chapter 2 / Subchapter 2 / Section 3-2-217
Transcript fees
Status: in_force

(a) There is fixed a cost of one dollar and fifty cents ($1.50) per page for each original page of transcript of record of proceedings had before the Director of the Alcoholic Beverage Control Division, pertaining to an application for the manufacture, selling, or dispensing of alcoholic beverages, or from a hearing of a violation against a permit which is appealed to the Alcoholic Beverage Control Board, and for each page of original transcript where an appeal is taken from any decision of the board to a circuit court. (b) The fee as provided for herein shall be paid to the director by the person taking the appeal upon completion of the transcript, and the moneys shall be deposited into the general revenues of the State of Arkansas. (c) All copies of the original transcript shall cost forty cents (40¢) per page, and the sums shall be collected and deposited as provided in subsection (b) of this section. Acts 1981, No. 790, § 1; A.S.A. 1947, § 48-1315.1.

(a) There is fixed a cost of one dollar and fifty cents ($1.50) per page for each original page of transcript of record of proceedings had before the Director of the Alcoholic Beverage Control Division, pertaining to an application for the manufacture, selling, or dispensing of alcoholic beverages, or from a hearing of a violation against a permit which is appealed to the Alcoholic Beverage Control Board, and for each page of original transcript where an appeal is taken from any decision of the board to a circuit court.

(b) The fee as provided for herein shall be paid to the director by the person taking the appeal upon completion of the transcript, and the moneys shall be deposited into the general revenues of the State of Arkansas.

(c) All copies of the original transcript shall cost forty cents (40¢) per page, and the sums shall be collected and deposited as provided in subsection (b) of this section.

Acts 1981, No. 790, § 1; A.S.A. 1947, § 48-1315.1.
Ark. Code Ann. § 3-3-405 — AR Code / Title 3 / Chapter 3 / Subchapter 4 / Section 3-3-405
Defendant's reputation as evidence
Status: in_force

In any prosecution or proceeding for any violation of this act, the general reputation of the defendant for moonshining, bootlegging, or being engaged in the illicit manufacture of or trade in intoxicating liquors shall be admissible in evidence against the defendant. Acts 1935, No. 108, Art. 6, § 7; Pope's Dig., § 14140; A.S.A. 1947, § 48-940.

In any prosecution or proceeding for any violation of this act, the general reputation of the defendant for moonshining, bootlegging, or being engaged in the illicit manufacture of or trade in intoxicating liquors shall be admissible in evidence against the defendant.

Acts 1935, No. 108, Art. 6, § 7; Pope's Dig., § 14140; A.S.A. 1947, § 48-940.
Ark. Code Ann. § 3-5-1701 — AR Code / Title 3 / Chapter 5 / Subchapter 17 / Section 3-5-1701
Title
Status: in_force

This subchapter shall be known and may be cited as the "Direct Shipment of Vinous Liquor Act". Added by Act 2013, No. 483,§ 1, eff. 8/16/2013.

This subchapter shall be known and may be cited as the "Direct Shipment of Vinous Liquor Act".

Added by Act 2013, No. 483,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 3-2-209 — AR Code / Title 3 / Chapter 2 / Subchapter 2 / Section 3-2-209
Enforcement - Duties of state and local officers
Status: in_force

(a) The Alcoholic Beverage Control Division and the Alcoholic Beverage Control Enforcement Division shall fully and faithfully enforce the provisions of this subchapter and any other alcohol control law of this state relating to the manufacture, storage, transportation, distribution, sale, and consumption of alcoholic beverages. (b) (1) It shall be the responsibility of all law enforcement personnel of every village, town, city, county, and any other political subdivision of this state to fully and faithfully enforce the provisions of this subchapter and other alcohol control laws of this state relating to the manufacture, storage, transportation, distribution, sale, and consumption of alcoholic beverages. (2) Nothing in this subsection shall be construed to prevent or prohibit the exercise of concurrent jurisdiction by the Alcoholic Beverage Control Enforcement Division. Acts 1951, No. 159, §§ 18, 19; A.S.A. 1947, §§ 48-1317, 48-1318.

(a) The Alcoholic Beverage Control Division and the Alcoholic Beverage Control Enforcement Division shall fully and faithfully enforce the provisions of this subchapter and any other alcohol control law of this state relating to the manufacture, storage, transportation, distribution, sale, and consumption of alcoholic beverages.

(b) (1) It shall be the responsibility of all law enforcement personnel of every village, town, city, county, and any other political subdivision of this state to fully and faithfully enforce the provisions of this subchapter and other alcohol control laws of this state relating to the manufacture, storage, transportation, distribution, sale, and consumption of alcoholic beverages. (2) Nothing in this subsection shall be construed to prevent or prohibit the exercise of concurrent jurisdiction by the Alcoholic Beverage Control Enforcement Division.

(1) It shall be the responsibility of all law enforcement personnel of every village, town, city, county, and any other political subdivision of this state to fully and faithfully enforce the provisions of this subchapter and other alcohol control laws of this state relating to the manufacture, storage, transportation, distribution, sale, and consumption of alcoholic beverages.

(2) Nothing in this subsection shall be construed to prevent or prohibit the exercise of concurrent jurisdiction by the Alcoholic Beverage Control Enforcement Division.

Acts 1951, No. 159, §§ 18, 19; A.S.A. 1947, §§ 48-1317, 48-1318.
Ark. Code Ann. § 3-7-102 — AR Code / Title 3 / Chapter 7 / Subchapter 1 / Section 3-7-102
Definition
Status: in_force

As used in §§ 3-7-101 - 3-7-104 and 3-7-106 - 3-7-110 , unless the context otherwise requires, "person" means every corporation, association, copartnership, limited liability company, or individual. Acts 1935, No. 109, § 1; Pope's Dig., § 14173; A.S.A. 1947, § 48-401; Acts 1995, No. 1160, § 23.

As used in §§ 3-7-101 - 3-7-104 and 3-7-106 - 3-7-110 , unless the context otherwise requires, "person" means every corporation, association, copartnership, limited liability company, or individual.

Acts 1935, No. 109, § 1; Pope's Dig., § 14173; A.S.A. 1947, § 48-401; Acts 1995, No. 1160, § 23.
Ark. Code Ann. § 3-8-401 — AR Code / Title 3 / Chapter 8 / Subchapter 4 / Section 3-8-401
Beer and light wine
Status: in_force

(a) At each general election for state and county offices, there may be submitted to the qualified electors of any county in the State of Arkansas so desiring, in the manner provided for the submission in a county of the question under the initiative and referendum provisions of the Constitution and laws of the State of Arkansas, the question as to whether the sale of beer and light wine containing alcohol not in excess of five percent (5%) by weight shall or shall not be permitted within the county for two (2) years in case the matter is voted on at a general election. (b) In voting upon the question, the electors shall have printed or written upon their ballot, "FOR the sale of beer and light wines" or "AGAINST the sale of beer and light wines". (c) The election shall be held at the same time and place and in the same manner as other elections. All returns shall be canvassed, sealed, and forwarded by the officers of the election to the county board of election commissioners of the county voting thereon. (d) The board shall canvass the votes and certify the results thereof to the clerk of the circuit court of the county to be by him or her filed in his or her office, which certificate shall be prima facie evidence of the legal or illegal sale of beer and light wine in the county. (e) Each and every county voting against the sale of beer and light wine shall not participate in any revenue for school purposes levied and collected under § 3-5-205 during the time the county or counties prohibited the sale of the beer and light wine. (f) The expense of the election shall be borne by the petitioners calling the election. Acts 1933 (1st Ex. Sess.), No. 7, § 27-A; Pope's Dig., § 14220; A.S.A. 1947, § 48-518.

(a) At each general election for state and county offices, there may be submitted to the qualified electors of any county in the State of Arkansas so desiring, in the manner provided for the submission in a county of the question under the initiative and referendum provisions of the Constitution and laws of the State of Arkansas, the question as to whether the sale of beer and light wine containing alcohol not in excess of five percent (5%) by weight shall or shall not be permitted within the county for two (2) years in case the matter is voted on at a general election.

(b) In voting upon the question, the electors shall have printed or written upon their ballot, "FOR the sale of beer and light wines" or "AGAINST the sale of beer and light wines".

(c) The election shall be held at the same time and place and in the same manner as other elections. All returns shall be canvassed, sealed, and forwarded by the officers of the election to the county board of election commissioners of the county voting thereon.

(d) The board shall canvass the votes and certify the results thereof to the clerk of the circuit court of the county to be by him or her filed in his or her office, which certificate shall be prima facie evidence of the legal or illegal sale of beer and light wine in the county.

(e) Each and every county voting against the sale of beer and light wine shall not participate in any revenue for school purposes levied and collected under § 3-5-205 during the time the county or counties prohibited the sale of the beer and light wine.

(f) The expense of the election shall be borne by the petitioners calling the election.

Acts 1933 (1st Ex. Sess.), No. 7, § 27-A; Pope's Dig., § 14220; A.S.A. 1947, § 48-518.
Ark. Code Ann. § 3-2-215 — AR Code / Title 3 / Chapter 2 / Subchapter 2 / Section 3-2-215
Conduct of hearings before board
Status: in_force

(a) For the purpose of hearing or conducting any appeal authorized to be heard by it, the Alcoholic Beverage Control Board shall have power: (1) To examine or cause to be examined, under oath, any licensee, the Director of the Alcoholic Beverage Control Division, the Director of the Alcoholic Beverage Enforcement Division, or any other person and to examine or cause to be examined the books and records of any such licensee; (2) To hear testimony and to take proof material for its information in hearing an appeal; (3) To administer or cause to be administered oaths; and (4) To issue subpoenas requiring the attendance of witnesses and the production of records for any such purposes. (b) The subpoenas shall be effective in any part of this state. Any circuit court may by order duly entered require the attendance of witnesses and the production of relevant records subpoenaed by the board, and the court may compel obedience to its orders by proceedings for contempt. (c) An applicant involved in a hearing before the Director of the Alcoholic Beverage Control Division or the board shall be entitled on request to subpoena for the compulsory attendance of witnesses desired by him or her. (d) (1) All witnesses shall be entitled to mileage and fees as are prescribed by law for witnesses in the circuit courts of the state. (2) The mileage and fees of witnesses subpoenaed at the request of an applicant shall be paid by him or her. Acts 1951, No. 159, § 16; A.S.A. 1947, § 48-1315.

(a) For the purpose of hearing or conducting any appeal authorized to be heard by it, the Alcoholic Beverage Control Board shall have power: (1) To examine or cause to be examined, under oath, any licensee, the Director of the Alcoholic Beverage Control Division, the Director of the Alcoholic Beverage Enforcement Division, or any other person and to examine or cause to be examined the books and records of any such licensee; (2) To hear testimony and to take proof material for its information in hearing an appeal; (3) To administer or cause to be administered oaths; and (4) To issue subpoenas requiring the attendance of witnesses and the production of records for any such purposes.

(1) To examine or cause to be examined, under oath, any licensee, the Director of the Alcoholic Beverage Control Division, the Director of the Alcoholic Beverage Enforcement Division, or any other person and to examine or cause to be examined the books and records of any such licensee;

(2) To hear testimony and to take proof material for its information in hearing an appeal;

(3) To administer or cause to be administered oaths; and

(4) To issue subpoenas requiring the attendance of witnesses and the production of records for any such purposes.

(b) The subpoenas shall be effective in any part of this state. Any circuit court may by order duly entered require the attendance of witnesses and the production of relevant records subpoenaed by the board, and the court may compel obedience to its orders by proceedings for contempt.

(c) An applicant involved in a hearing before the Director of the Alcoholic Beverage Control Division or the board shall be entitled on request to subpoena for the compulsory attendance of witnesses desired by him or her.

(d) (1) All witnesses shall be entitled to mileage and fees as are prescribed by law for witnesses in the circuit courts of the state. (2) The mileage and fees of witnesses subpoenaed at the request of an applicant shall be paid by him or her.

(1) All witnesses shall be entitled to mileage and fees as are prescribed by law for witnesses in the circuit courts of the state.

(2) The mileage and fees of witnesses subpoenaed at the request of an applicant shall be paid by him or her.

Acts 1951, No. 159, § 16; A.S.A. 1947, § 48-1315.
Ark. Code Ann. § 3-9-103 — AR Code / Title 3 / Chapter 9 / Subchapter 1 / Section 3-9-103
State parks - Definitions
Status: in_force

(a) As used in this section: (1) "Alcoholic beverages" means a beverage containing more than five-tenths of one percent (0.5%) of alcohol by weight; and (2) "On-premises consumption" means the serving of alcoholic beverages on the state park property, including without limitation at a restaurant or outdoor event. (b) (1) A state park may seek approval from the Secretary of the Department of Parks, Heritage, and Tourism to sell alcoholic beverages or provide complimentary servings of alcoholic beverages for on-premises consumption to an individual who is twenty-one (21) years of age or older at the state park during legal operating hours without obtaining a permit from the Alcoholic Beverage Control Division. (2) (A) Upon approval by the secretary, the state park is authorized to sell or serve alcoholic beverages as described under subdivision (b)(1) of this section. (B) A state park that has obtained authorization under subdivision (b)(2)(A) of this section may allow a third-party vendor at the state park to serve alcoholic beverages as described under subdivision (b)(1) of this section. (3) A state park authorized to sell alcoholic beverages under this subsection shall serve the alcoholic beverages only during operating hours of the premises, including without limitation: (A) The hours of operation of a restaurant on the state park property; or (B) The hours of an outdoor event. (c) (1) A state park authorized to sell alcoholic beverages under subsection (b) of this section shall purchase all alcoholic beverages from a wholesaler. (2) A wholesaler may sell and distribute alcoholic beverages to a state park in any county that has been approved under this section to sell or serve alcoholic beverages. (d) (1) A state park authorized to sell alcoholic beverages under subsection (b) of this section is not subject to the provisions of § 3-3-211 or § 3-9-201 et seq. (2) A state park authorized to sell alcoholic beverages under subsection (b) of this section is subject to all other applicable Arkansas laws involving the distribution and sale of alcoholic beverages that do not conflict with this section. (e) A state park approved under this section to sell or serve alcoholic beverages shall: (1) Comply with all division rules; and (2) Renew the state park's approval to sell or serve alcoholic beverages with the secretary yearly. (f) Liability shall be with the: (1) State park approved under this section to sell or serve alcoholic beverages; or (2) Third-party vendor that served the alcoholic beverage at a state park under this section. (g) The division shall: (1) Promulgate rules to implement this section; and (2) Monitor and enforce compliance. (h) A violation found by the division through monitoring under subdivision (g)(2) of this section shall be presented to the Alcoholic Beverage Control Board. Added by Act 2023, No. 655,§ 1, eff. 8/1/2023.

(a) As used in this section: (1) "Alcoholic beverages" means a beverage containing more than five-tenths of one percent (0.5%) of alcohol by weight; and (2) "On-premises consumption" means the serving of alcoholic beverages on the state park property, including without limitation at a restaurant or outdoor event.

(1) "Alcoholic beverages" means a beverage containing more than five-tenths of one percent (0.5%) of alcohol by weight; and

(2) "On-premises consumption" means the serving of alcoholic beverages on the state park property, including without limitation at a restaurant or outdoor event.

(b) (1) A state park may seek approval from the Secretary of the Department of Parks, Heritage, and Tourism to sell alcoholic beverages or provide complimentary servings of alcoholic beverages for on-premises consumption to an individual who is twenty-one (21) years of age or older at the state park during legal operating hours without obtaining a permit from the Alcoholic Beverage Control Division. (2) (A) Upon approval by the secretary, the state park is authorized to sell or serve alcoholic beverages as described under subdivision (b)(1) of this section. (B) A state park that has obtained authorization under subdivision (b)(2)(A) of this section may allow a third-party vendor at the state park to serve alcoholic beverages as described under subdivision (b)(1) of this section. (3) A state park authorized to sell alcoholic beverages under this subsection shall serve the alcoholic beverages only during operating hours of the premises, including without limitation: (A) The hours of operation of a restaurant on the state park property; or (B) The hours of an outdoor event.

(1) A state park may seek approval from the Secretary of the Department of Parks, Heritage, and Tourism to sell alcoholic beverages or provide complimentary servings of alcoholic beverages for on-premises consumption to an individual who is twenty-one (21) years of age or older at the state park during legal operating hours without obtaining a permit from the Alcoholic Beverage Control Division.

(2) (A) Upon approval by the secretary, the state park is authorized to sell or serve alcoholic beverages as described under subdivision (b)(1) of this section. (B) A state park that has obtained authorization under subdivision (b)(2)(A) of this section may allow a third-party vendor at the state park to serve alcoholic beverages as described under subdivision (b)(1) of this section.

(A) Upon approval by the secretary, the state park is authorized to sell or serve alcoholic beverages as described under subdivision (b)(1) of this section.

(B) A state park that has obtained authorization under subdivision (b)(2)(A) of this section may allow a third-party vendor at the state park to serve alcoholic beverages as described under subdivision (b)(1) of this section.

(3) A state park authorized to sell alcoholic beverages under this subsection shall serve the alcoholic beverages only during operating hours of the premises, including without limitation: (A) The hours of operation of a restaurant on the state park property; or (B) The hours of an outdoor event.

(A) The hours of operation of a restaurant on the state park property; or

(B) The hours of an outdoor event.

(c) (1) A state park authorized to sell alcoholic beverages under subsection (b) of this section shall purchase all alcoholic beverages from a wholesaler. (2) A wholesaler may sell and distribute alcoholic beverages to a state park in any county that has been approved under this section to sell or serve alcoholic beverages.

(1) A state park authorized to sell alcoholic beverages under subsection (b) of this section shall purchase all alcoholic beverages from a wholesaler.

(2) A wholesaler may sell and distribute alcoholic beverages to a state park in any county that has been approved under this section to sell or serve alcoholic beverages.

(d) (1) A state park authorized to sell alcoholic beverages under subsection (b) of this section is not subject to the provisions of § 3-3-211 or § 3-9-201 et seq. (2) A state park authorized to sell alcoholic beverages under subsection (b) of this section is subject to all other applicable Arkansas laws involving the distribution and sale of alcoholic beverages that do not conflict with this section.

(1) A state park authorized to sell alcoholic beverages under subsection (b) of this section is not subject to the provisions of § 3-3-211 or § 3-9-201 et seq.

(2) A state park authorized to sell alcoholic beverages under subsection (b) of this section is subject to all other applicable Arkansas laws involving the distribution and sale of alcoholic beverages that do not conflict with this section.

(e) A state park approved under this section to sell or serve alcoholic beverages shall: (1) Comply with all division rules; and (2) Renew the state park's approval to sell or serve alcoholic beverages with the secretary yearly.

(1) Comply with all division rules; and

(2) Renew the state park's approval to sell or serve alcoholic beverages with the secretary yearly.

(f) Liability shall be with the: (1) State park approved under this section to sell or serve alcoholic beverages; or (2) Third-party vendor that served the alcoholic beverage at a state park under this section.

(1) State park approved under this section to sell or serve alcoholic beverages; or

(2) Third-party vendor that served the alcoholic beverage at a state park under this section.

(g) The division shall: (1) Promulgate rules to implement this section; and (2) Monitor and enforce compliance.

(1) Promulgate rules to implement this section; and

(2) Monitor and enforce compliance.

(h) A violation found by the division through monitoring under subdivision (g)(2) of this section shall be presented to the Alcoholic Beverage Control Board.

Added by Act 2023, No. 655,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 3-2-103 — AR Code / Title 3 / Chapter 2 / Subchapter 1 / Section 3-2-103
Information to be submitted by applicants
Status: in_force

(a) Any person applying for any permit issued by the Alcoholic Beverage Control Division, except as provided in subsection (b) or (c) of this section, shall meet the following requirements: (1) No applicant shall have been found guilty of or pleaded guilty or nolo contendere to: (A) Any felony by any court in the State of Arkansas; or (B) Any similar offense by a court in another state or of any similar offense by a military or federal court; (2) (A) In order to determine the applicant's suitability for a permit, the applicant shall be fingerprinted, and the fingerprints shall be forwarded for a criminal background check through the Department of Arkansas State Police. (B) After the completion of the criminal background check through the department, the fingerprints shall be forwarded by the department to the Federal Bureau of Investigation for a national criminal history record check; and (3) The applicant shall sign a release that allows the department to release: (A) An Arkansas noncriminal justice background check to the Alcoholic Beverage Control Board; and (B) A fingerprint card of the applicant to the Federal Bureau of Investigation to allow a federal fingerprint-based background check to be performed. (b) No fingerprint submission or criminal background check shall be required for any person applying for a nonresident seller's permit or for a wholesale support center permit as authorized by the Nonresident Beer Seller's Permit Act of 1995, § 3-5-1301 et seq. (c) No fingerprint submission shall be required for any person applying for any permit that has a stated duration of five (5) days or less. (d) This section is supplementary to any and all requirements that exist for various permits issued by the division, and all other individual permit requirements shall continue to apply to those respective permit applications. (e) The division may adopt rules to implement the provisions of this section. Acts 2005, No. 1248, § 1.

(a) Any person applying for any permit issued by the Alcoholic Beverage Control Division, except as provided in subsection (b) or (c) of this section, shall meet the following requirements: (1) No applicant shall have been found guilty of or pleaded guilty or nolo contendere to: (A) Any felony by any court in the State of Arkansas; or (B) Any similar offense by a court in another state or of any similar offense by a military or federal court; (2) (A) In order to determine the applicant's suitability for a permit, the applicant shall be fingerprinted, and the fingerprints shall be forwarded for a criminal background check through the Department of Arkansas State Police. (B) After the completion of the criminal background check through the department, the fingerprints shall be forwarded by the department to the Federal Bureau of Investigation for a national criminal history record check; and (3) The applicant shall sign a release that allows the department to release: (A) An Arkansas noncriminal justice background check to the Alcoholic Beverage Control Board; and (B) A fingerprint card of the applicant to the Federal Bureau of Investigation to allow a federal fingerprint-based background check to be performed.

(1) No applicant shall have been found guilty of or pleaded guilty or nolo contendere to: (A) Any felony by any court in the State of Arkansas; or (B) Any similar offense by a court in another state or of any similar offense by a military or federal court;

(A) Any felony by any court in the State of Arkansas; or

(B) Any similar offense by a court in another state or of any similar offense by a military or federal court;

(2) (A) In order to determine the applicant's suitability for a permit, the applicant shall be fingerprinted, and the fingerprints shall be forwarded for a criminal background check through the Department of Arkansas State Police. (B) After the completion of the criminal background check through the department, the fingerprints shall be forwarded by the department to the Federal Bureau of Investigation for a national criminal history record check; and

(A) In order to determine the applicant's suitability for a permit, the applicant shall be fingerprinted, and the fingerprints shall be forwarded for a criminal background check through the Department of Arkansas State Police.

(B) After the completion of the criminal background check through the department, the fingerprints shall be forwarded by the department to the Federal Bureau of Investigation for a national criminal history record check; and

(3) The applicant shall sign a release that allows the department to release: (A) An Arkansas noncriminal justice background check to the Alcoholic Beverage Control Board; and (B) A fingerprint card of the applicant to the Federal Bureau of Investigation to allow a federal fingerprint-based background check to be performed.

(A) An Arkansas noncriminal justice background check to the Alcoholic Beverage Control Board; and

(B) A fingerprint card of the applicant to the Federal Bureau of Investigation to allow a federal fingerprint-based background check to be performed.

(b) No fingerprint submission or criminal background check shall be required for any person applying for a nonresident seller's permit or for a wholesale support center permit as authorized by the Nonresident Beer Seller's Permit Act of 1995, § 3-5-1301 et seq.

(c) No fingerprint submission shall be required for any person applying for any permit that has a stated duration of five (5) days or less.

(d) This section is supplementary to any and all requirements that exist for various permits issued by the division, and all other individual permit requirements shall continue to apply to those respective permit applications.

(e) The division may adopt rules to implement the provisions of this section.

Acts 2005, No. 1248, § 1.
Ark. Code Ann. § 3-9-601 — AR Code / Title 3 / Chapter 9 / Subchapter 6 / Section 3-9-601
Definitions
Status: in_force

As used in this subchapter: (1) "Director" means the Director of the Alcoholic Beverage Control Division; (2) (A) "License" means a license to sell wine for consumption on the premises. (B) (i) An annual fee of five hundred dollars ($500) shall be paid for each license or renewal. (ii) All moneys derived from such fees shall be deposited in the State Treasury as general revenues to the credit of the State Apportionment Fund; (3) "Person" means any person, firm, partnership, association, or corporation; and (4) "Wine" or "wines" means any port, sherry, vermouth, or other wine, the alcoholic content of which does not exceed twenty-one percent (21%) by weight, regardless of whether the wines are manufactured within or without the State of Arkansas. Acts 1999, No. 856, § 1; 2005, No. 1247, § 3; 2009, No. 294, § 27.

As used in this subchapter:

(1) "Director" means the Director of the Alcoholic Beverage Control Division;

(2) (A) "License" means a license to sell wine for consumption on the premises. (B) (i) An annual fee of five hundred dollars ($500) shall be paid for each license or renewal. (ii) All moneys derived from such fees shall be deposited in the State Treasury as general revenues to the credit of the State Apportionment Fund;

(A) "License" means a license to sell wine for consumption on the premises.

(B) (i) An annual fee of five hundred dollars ($500) shall be paid for each license or renewal. (ii) All moneys derived from such fees shall be deposited in the State Treasury as general revenues to the credit of the State Apportionment Fund;

(i) An annual fee of five hundred dollars ($500) shall be paid for each license or renewal.

(ii) All moneys derived from such fees shall be deposited in the State Treasury as general revenues to the credit of the State Apportionment Fund;

(3) "Person" means any person, firm, partnership, association, or corporation; and

(4) "Wine" or "wines" means any port, sherry, vermouth, or other wine, the alcoholic content of which does not exceed twenty-one percent (21%) by weight, regardless of whether the wines are manufactured within or without the State of Arkansas.

Acts 1999, No. 856, § 1; 2005, No. 1247, § 3; 2009, No. 294, § 27.
Ark. Code Ann. § 3-5-1411 — AR Code / Title 3 / Chapter 5 / Subchapter 14 / Section 3-5-1411
Operation without license prohibited
Status: in_force

It is a Class C misdemeanor for any person not holding a valid small brewers' license to operate as a small brewer. Amended by Act 2015, No. 857,§ 9, eff. 3/31/2015. Acts 2003, No. 1805, § 11.

It is a Class C misdemeanor for any person not holding a valid small brewers' license to operate as a small brewer.

Amended by Act 2015, No. 857,§ 9, eff. 3/31/2015.

Acts 2003, No. 1805, § 11.
Ark. Code Ann. § 3-5-218 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-218
Duplicate bills of lading
Status: in_force

(a) Every railroad company, express company, air transportation company, motor transportation company, steamboat company, or other transportation companies who shall transport into, wholly within, or out of this state, any light wines or beer, whether brewed or manufactured within this state or without this state, when requested by the Director of the Alcoholic Beverage Control Division shall furnish the director a duplicate of the bill of lading covering the receipt for the liquor. This duplicate bill shall show the name of the brewer, manufacturer, or distributor, the name and address of consignor and consignee, the date and place received, and destination and quantity of the liquor received from the manufacturer, brewer, or other consignor for shipment from any point within or without this state to any point within this state. (b) Any railroad company, express company, air transportation company, motor transportation company, or steamboat company or other transportation companies failing to comply with the requirements of this subchapter shall forfeit and pay to the State of Arkansas the sum of one hundred dollars ($100) for each and every such failure, to be recovered in any court of competent jurisdiction. The director is authorized and empowered to sue in his or her name on the relation and for the use of the State of Arkansas for such recovery. Acts 1933 (1st Ex. Sess.), No. 7, § 18; Pope's Dig., § 14210; A.S.A. 1947, § 48-511.

(a) Every railroad company, express company, air transportation company, motor transportation company, steamboat company, or other transportation companies who shall transport into, wholly within, or out of this state, any light wines or beer, whether brewed or manufactured within this state or without this state, when requested by the Director of the Alcoholic Beverage Control Division shall furnish the director a duplicate of the bill of lading covering the receipt for the liquor. This duplicate bill shall show the name of the brewer, manufacturer, or distributor, the name and address of consignor and consignee, the date and place received, and destination and quantity of the liquor received from the manufacturer, brewer, or other consignor for shipment from any point within or without this state to any point within this state.

(b) Any railroad company, express company, air transportation company, motor transportation company, or steamboat company or other transportation companies failing to comply with the requirements of this subchapter shall forfeit and pay to the State of Arkansas the sum of one hundred dollars ($100) for each and every such failure, to be recovered in any court of competent jurisdiction. The director is authorized and empowered to sue in his or her name on the relation and for the use of the State of Arkansas for such recovery.

Acts 1933 (1st Ex. Sess.), No. 7, § 18; Pope's Dig., § 14210; A.S.A. 1947, § 48-511.
Ark. Code Ann. § 3-5-220 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-220
Sale in original, labeled containers
Status: in_force

It shall be unlawful for any person to sell or offer to sell in this state any beer unless the beer shall be sold or offered for sale in the original bottle or original package containing bottles, bearing the original label and the full name of the brewer or manufacturer thereof, both upon the label of the bottle and upon the cap or cork of the bottle. In the case of the sale of beer on draught, the beer shall be drawn from the original container or barrel, having stamped upon the ends thereof the full name of the manufacturer or brewer of the beer therein contained. Acts 1933 (1st Ex. Sess.), No. 7, § 20; Pope's Dig., § 14212; A.S.A. 1947, § 48-521.

It shall be unlawful for any person to sell or offer to sell in this state any beer unless the beer shall be sold or offered for sale in the original bottle or original package containing bottles, bearing the original label and the full name of the brewer or manufacturer thereof, both upon the label of the bottle and upon the cap or cork of the bottle. In the case of the sale of beer on draught, the beer shall be drawn from the original container or barrel, having stamped upon the ends thereof the full name of the manufacturer or brewer of the beer therein contained.

Acts 1933 (1st Ex. Sess.), No. 7, § 20; Pope's Dig., § 14212; A.S.A. 1947, § 48-521.
Ark. Code Ann. § 3-5-803 — AR Code / Title 3 / Chapter 5 / Subchapter 8 / Section 3-5-803
Acquisition of ingredients from outside state
Status: in_force

Whenever reference is made in this subchapter to the acquisition of grapes, berries, fruits, or vegetables from sources outside this state to be used for the purposes and in the quantities authorized in this subchapter, for the production of native wines, the term shall also be deemed to mean the acquisition of equivalent amounts thereof in the form of juice, pulp, or blendable wines to be used in the manufacture or blending of native wines in this state within the allowable percentages of such products used in the preparation of juices, pulp, or blendable wines as set forth in the order by the Secretary of the Department of Finance and Administration. Amended by Act 2019, No. 910,§ 3314, eff. 7/1/2019. Acts 1935, No. 69, § 3; Pope's Dig., § 14225; Acts 1981, No. 335, § 5; A.S.A. 1947, § 48-603.

Whenever reference is made in this subchapter to the acquisition of grapes, berries, fruits, or vegetables from sources outside this state to be used for the purposes and in the quantities authorized in this subchapter, for the production of native wines, the term shall also be deemed to mean the acquisition of equivalent amounts thereof in the form of juice, pulp, or blendable wines to be used in the manufacture or blending of native wines in this state within the allowable percentages of such products used in the preparation of juices, pulp, or blendable wines as set forth in the order by the Secretary of the Department of Finance and Administration.

Amended by Act 2019, No. 910,§ 3314, eff. 7/1/2019.

Acts 1935, No. 69, § 3; Pope's Dig., § 14225; Acts 1981, No. 335, § 5; A.S.A. 1947, § 48-603.
Ark. Code Ann. § 3-5-102 — AR Code / Title 3 / Chapter 5 / Subchapter 1 / Section 3-5-102
Additional license to sell native wines not required
Status: in_force

Any retail liquor dealer who has been duly licensed as such shall have the right without any additional license fee to sell native wines manufactured from fruits, vegetables, and other products grown in the State of Arkansas. Acts 1941, No. 304, § 1; A.S.A. 1947, § 48-625.

Any retail liquor dealer who has been duly licensed as such shall have the right without any additional license fee to sell native wines manufactured from fruits, vegetables, and other products grown in the State of Arkansas.

Acts 1941, No. 304, § 1; A.S.A. 1947, § 48-625.
Ark. Code Ann. § 3-5-1301 — AR Code / Title 3 / Chapter 5 / Subchapter 13 / Section 3-5-1301
Short title
Status: in_force

This subchapter shall be known as the "Nonresident Beer Seller's Permit Act of 1995". Acts 1995, No. 537, § 1.

This subchapter shall be known as the "Nonresident Beer Seller's Permit Act of 1995".

Acts 1995, No. 537, § 1.
Ark. Code Ann. § 3-4-211 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-211
Applications - Protests
Status: in_force

Upon receipt by the Director of the Alcoholic Beverage Control Division within thirty (30) days of a protest against issuance of a permit by a governing official of the city or county to whom the notice of an application for permit has been mailed, the director shall not issue the license until he or she has held a public hearing. Acts 1935, No. 108, Art. 3, § 7; Pope's Dig., § 14111; Acts 1945, No. 239, § 1; 1967, No. 239, § 1; 1973, No. 189, § 1; 1981, No. 790, § 4; A.S.A. 1947, § 48-311; Acts 2007, No. 735, § 2.

Upon receipt by the Director of the Alcoholic Beverage Control Division within thirty (30) days of a protest against issuance of a permit by a governing official of the city or county to whom the notice of an application for permit has been mailed, the director shall not issue the license until he or she has held a public hearing.

Acts 1935, No. 108, Art. 3, § 7; Pope's Dig., § 14111; Acts 1945, No. 239, § 1; 1967, No. 239, § 1; 1973, No. 189, § 1; 1981, No. 790, § 4; A.S.A. 1947, § 48-311; Acts 2007, No. 735, § 2.
Ark. Code Ann. § 3-9-204 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-204
Penalties
Status: in_force

(a) Any person who shall violate any provision of §§ 3-9-201 - 3-9-214 , 3-9-221 - 3-9-225 , and 3-9-232 - 3-9-237 shall be guilty of a Class A misdemeanor. (b) Each violation shall constitute a separate offense. (c) The Director of the Department of Finance and Administration shall have the authority to suspend, cancel, or revoke the permit of any permittee so convicted. Acts 1969, No. 132, § 16; A.S.A. 1947, § 48-1416; Acts 2005, No. 1994, § 336.

(a) Any person who shall violate any provision of §§ 3-9-201 - 3-9-214 , 3-9-221 - 3-9-225 , and 3-9-232 - 3-9-237 shall be guilty of a Class A misdemeanor.

(b) Each violation shall constitute a separate offense.

(c) The Director of the Department of Finance and Administration shall have the authority to suspend, cancel, or revoke the permit of any permittee so convicted.

Acts 1969, No. 132, § 16; A.S.A. 1947, § 48-1416; Acts 2005, No. 1994, § 336.
Ark. Code Ann. § 3-6-106 — AR Code / Title 3 / Chapter 6 / Section 3-6-106
Collection of fees and taxes
Status: in_force

(a) The permit fees and the tax herein provided shall be collected in the same manner as all other liquor taxes and under such reasonable rules as the Secretary of the Department of Finance and Administration or his or her successor may provide. (b) The permit fees and taxes shall be deposited into the State Treasury as general revenues to the credit of the State Apportionment Fund, there to be allocated to the various funds, fund accounts, and accounts participating in general revenues in the respective proportions to each as provided by law and be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq. Amended by Act 2019, No. 910,§ 3330, eff. 7/1/2019. Acts 1953, No. 163, § 8, as added by 1953, No. 118, § 36(A), as added by 1971, No. 585, § 12; A.S.A. 1947, § 48-713.

(a) The permit fees and the tax herein provided shall be collected in the same manner as all other liquor taxes and under such reasonable rules as the Secretary of the Department of Finance and Administration or his or her successor may provide.

(b) The permit fees and taxes shall be deposited into the State Treasury as general revenues to the credit of the State Apportionment Fund, there to be allocated to the various funds, fund accounts, and accounts participating in general revenues in the respective proportions to each as provided by law and be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq.

Amended by Act 2019, No. 910,§ 3330, eff. 7/1/2019.

Acts 1953, No. 163, § 8, as added by 1953, No. 118, § 36(A), as added by 1971, No. 585, § 12; A.S.A. 1947, § 48-713.
Ark. Code Ann. § 3-5-1506 — AR Code / Title 3 / Chapter 5 / Subchapter 15 / Section 3-5-1506
Permit duration, fees, and gross receipts
Status: in_force

(a) The temporary wine charitable auction permit shall be issued for a period of not more than five (5) days. (b) The fee for the permit shall be fifty dollars ($50.00). (c) The gross receipts from the sale of wine at a charitable auction under this section shall not be subject to the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., nor shall the taxes imposed under title 3 of the Arkansas Code be applicable. Acts 2005, No. 1157, § 1.

(a) The temporary wine charitable auction permit shall be issued for a period of not more than five (5) days.

(b) The fee for the permit shall be fifty dollars ($50.00).

(c) The gross receipts from the sale of wine at a charitable auction under this section shall not be subject to the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., nor shall the taxes imposed under title 3 of the Arkansas Code be applicable.

Acts 2005, No. 1157, § 1.
Ark. Code Ann. § 3-9-307 — AR Code / Title 3 / Chapter 9 / Subchapter 3 / Section 3-9-307
Revocation or suspension of license
Status: in_force

Proceedings for the revocation or suspension of any license issued pursuant to the provisions of this subchapter shall be in the same manner as provided by law for revocation or suspension of licenses for sale of beer for consumption on the premises. Acts 1965, No. 120, § 5; A.S.A. 1947, § 48-630.

Proceedings for the revocation or suspension of any license issued pursuant to the provisions of this subchapter shall be in the same manner as provided by law for revocation or suspension of licenses for sale of beer for consumption on the premises.

Acts 1965, No. 120, § 5; A.S.A. 1947, § 48-630.
Ark. Code Ann. § 3-4-101 — AR Code / Title 3 / Chapter 4 / Subchapter 1 / Section 3-4-101
Permit required
Status: in_force

(a) Vinous (except wines), spirituous, or malt liquors or hard cider shall not be manufactured in this state for storage or sale at retail within the state without a permit issued by the Director of the Alcoholic Beverage Control Division. (b) A person shall not sell vinous, spirituous, or malt liquors or hard cider in this state, except as provided in this act. However, the provisions of this act shall not apply to the manufacture, sale, and distribution of wines in this state. Amended by Act 2019, No. 691,§ 3, eff. 7/24/2019. Acts 1935, No. 108, Art. 3, § 2; Pope's Dig., § 14105; A.S.A. 1947, § 48-302.

(a) Vinous (except wines), spirituous, or malt liquors or hard cider shall not be manufactured in this state for storage or sale at retail within the state without a permit issued by the Director of the Alcoholic Beverage Control Division.

(b) A person shall not sell vinous, spirituous, or malt liquors or hard cider in this state, except as provided in this act. However, the provisions of this act shall not apply to the manufacture, sale, and distribution of wines in this state.

Amended by Act 2019, No. 691,§ 3, eff. 7/24/2019.

Acts 1935, No. 108, Art. 3, § 2; Pope's Dig., § 14105; A.S.A. 1947, § 48-302.
Ark. Code Ann. § 3-9-216 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-216
Authorization of sales for certain large attendance facilities and restaurants
Status: in_force

(a) A large attendance facility under § 3-9-202(16)(B) in which pari-mutuel wagering has been authorized and which has a valid and current license or permit to sell alcoholic beverages for on-premises consumption may sell alcoholic beverages for on-premises consumption on any day of the week during hours in which the large attendance facility is open for business except on: (1) Christmas Day under § 3-3-211 ; and (2) (A) Easter Sunday. (B) However, the large attendance facility may sell alcoholic beverages on Easter Sunday between the hours of 12:00 midnight and 2:00 a.m. (b) A restaurant under § 3-9-202(16)(A) may sell alcoholic beverages for on-premises consumption on Sundays between the hours of 12:00 midnight and 2:00 a.m. and on Sundays between the hours of 12:00 noon and 2:00 a.m. on the following Monday in addition to other times authorized by law for selling alcoholic beverages for on-premises consumption if the restaurant: (1) Is located in the same city as a large attendance facility authorized to sell alcoholic beverages for on-premises consumption on Sundays under subsection (a) of this section; and (2) Has a valid and current license or permit to sell alcoholic beverages for on-premises consumption. (c) This section does not: (1) Authorize the sale of alcoholic beverages in any city or county or in any portion of a city or county in which the sale of alcoholic beverages is prohibited by law; or (2) Repeal or modify any law that prohibits the sale of intoxicating alcoholic liquor, beer, or wine on Sunday unless the law specifically conflicts with this section. Acts 2007, No. 1017, § 2; 2009, No. 7, § 1; 2009, No. 790, § 1; 2011, No. 982, § 3.

(a) A large attendance facility under § 3-9-202(16)(B) in which pari-mutuel wagering has been authorized and which has a valid and current license or permit to sell alcoholic beverages for on-premises consumption may sell alcoholic beverages for on-premises consumption on any day of the week during hours in which the large attendance facility is open for business except on: (1) Christmas Day under § 3-3-211 ; and (2) (A) Easter Sunday. (B) However, the large attendance facility may sell alcoholic beverages on Easter Sunday between the hours of 12:00 midnight and 2:00 a.m.

(1) Christmas Day under § 3-3-211 ; and

(2) (A) Easter Sunday. (B) However, the large attendance facility may sell alcoholic beverages on Easter Sunday between the hours of 12:00 midnight and 2:00 a.m.

(A) Easter Sunday.

(B) However, the large attendance facility may sell alcoholic beverages on Easter Sunday between the hours of 12:00 midnight and 2:00 a.m.

(b) A restaurant under § 3-9-202(16)(A) may sell alcoholic beverages for on-premises consumption on Sundays between the hours of 12:00 midnight and 2:00 a.m. and on Sundays between the hours of 12:00 noon and 2:00 a.m. on the following Monday in addition to other times authorized by law for selling alcoholic beverages for on-premises consumption if the restaurant: (1) Is located in the same city as a large attendance facility authorized to sell alcoholic beverages for on-premises consumption on Sundays under subsection (a) of this section; and (2) Has a valid and current license or permit to sell alcoholic beverages for on-premises consumption.

(1) Is located in the same city as a large attendance facility authorized to sell alcoholic beverages for on-premises consumption on Sundays under subsection (a) of this section; and

(2) Has a valid and current license or permit to sell alcoholic beverages for on-premises consumption.

(c) This section does not: (1) Authorize the sale of alcoholic beverages in any city or county or in any portion of a city or county in which the sale of alcoholic beverages is prohibited by law; or (2) Repeal or modify any law that prohibits the sale of intoxicating alcoholic liquor, beer, or wine on Sunday unless the law specifically conflicts with this section.

(1) Authorize the sale of alcoholic beverages in any city or county or in any portion of a city or county in which the sale of alcoholic beverages is prohibited by law; or

(2) Repeal or modify any law that prohibits the sale of intoxicating alcoholic liquor, beer, or wine on Sunday unless the law specifically conflicts with this section.

Acts 2007, No. 1017, § 2; 2009, No. 7, § 1; 2009, No. 790, § 1; 2011, No. 982, § 3.
Ark. Code Ann. § 3-4-904 — AR Code / Title 3 / Chapter 4 / Subchapter 9 / Section 3-4-904
Gross receipts tax
Status: in_force

Gross receipts tax shall be collected and remitted by the off-premise caterer on the total fee charged for each catered event. Acts 1999, No. 1170, § 2.

Gross receipts tax shall be collected and remitted by the off-premise caterer on the total fee charged for each catered event.

Acts 1999, No. 1170, § 2.
Ark. Code Ann. § 3-5-1401 — AR Code / Title 3 / Chapter 5 / Subchapter 14 / Section 3-5-1401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Small Brewery Act". Amended by Act 2015, No. 857,§ 7, eff. 3/31/2015. Acts 2003, No. 1805, § 1.

This subchapter shall be known and may be cited as the "Arkansas Small Brewery Act".

Amended by Act 2015, No. 857,§ 7, eff. 3/31/2015.

Acts 2003, No. 1805, § 1.
Ark. Code Ann. § 3-7-114 — AR Code / Title 3 / Chapter 7 / Subchapter 1 / Section 3-7-114
Wholesalers and retailers - Obtaining liquor illegally - Nonpayment of taxes
Status: in_force

(a) Failure of any wholesaler or retailer to obtain spirituous liquors from sources approved by the state for sale or to pay all taxes due on such liquors shall result in revocation of any alcoholic beverage permit held by the licensee. (b) Further, such action shall be deemed to constitute fraud and shall be punishable as such. Acts 1975, No. 447, § 4; A.S.A. 1947, § 48-439.

(a) Failure of any wholesaler or retailer to obtain spirituous liquors from sources approved by the state for sale or to pay all taxes due on such liquors shall result in revocation of any alcoholic beverage permit held by the licensee.

(b) Further, such action shall be deemed to constitute fraud and shall be punishable as such.

Acts 1975, No. 447, § 4; A.S.A. 1947, § 48-439.
Ark. Code Ann. § 3-9-225 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-225
Private clubs - Rules
Status: in_force

The Alcoholic Beverage Control Board is authorized and directed to establish rules with respect to permits issued under the provisions of § 3-9-222 to assure compliance with the provisions hereof and to prohibit any permittee from engaging in the unlawful sale of alcoholic beverages. Amended by Act 2019, No. 315,§ 103, eff. 7/24/2019. Acts 1969, No. 132, § 10; A.S.A. 1947, § 48-1410.

The Alcoholic Beverage Control Board is authorized and directed to establish rules with respect to permits issued under the provisions of § 3-9-222 to assure compliance with the provisions hereof and to prohibit any permittee from engaging in the unlawful sale of alcoholic beverages.

Amended by Act 2019, No. 315,§ 103, eff. 7/24/2019.

Acts 1969, No. 132, § 10; A.S.A. 1947, § 48-1410.
Ark. Code Ann. § 3-4-402 — AR Code / Title 3 / Chapter 4 / Subchapter 4 / Section 3-4-402
Classes of violations and fines - Multiple offenses
Status: in_force

(a) The following classes of alcoholic beverage control permit violations and fines are authorized to be levied and are established: (1) Class A permit violations: Five hundred dollars ($500) to one thousand dollars ($1,000); (2) Class B permit violations: Two hundred dollars ($200) to five hundred dollars ($500); and (3) Class C permit violations: One hundred dollars ($100) to two hundred dollars ($200). (b) The Director of the Alcoholic Beverage Control Division and the Alcoholic Beverage Control Board are hereby authorized to levy additional fines up to double the amount for the classes of violations found in subsection (a) of this section for a second offense of the same violation within a twelve-month period, and up to three (3) times the fines authorized for the classes listed in subsection (a) of this section for a third offense of the same violation within a twelve-month period. Acts 1981, No. 790, § 2; A.S.A. 1947, § 48-346; Acts 1989, No. 296, § 1; 1993, No. 172, § 1.

(a) The following classes of alcoholic beverage control permit violations and fines are authorized to be levied and are established: (1) Class A permit violations: Five hundred dollars ($500) to one thousand dollars ($1,000); (2) Class B permit violations: Two hundred dollars ($200) to five hundred dollars ($500); and (3) Class C permit violations: One hundred dollars ($100) to two hundred dollars ($200).

(1) Class A permit violations: Five hundred dollars ($500) to one thousand dollars ($1,000);

(2) Class B permit violations: Two hundred dollars ($200) to five hundred dollars ($500); and

(3) Class C permit violations: One hundred dollars ($100) to two hundred dollars ($200).

(b) The Director of the Alcoholic Beverage Control Division and the Alcoholic Beverage Control Board are hereby authorized to levy additional fines up to double the amount for the classes of violations found in subsection (a) of this section for a second offense of the same violation within a twelve-month period, and up to three (3) times the fines authorized for the classes listed in subsection (a) of this section for a third offense of the same violation within a twelve-month period.

Acts 1981, No. 790, § 2; A.S.A. 1947, § 48-346; Acts 1989, No. 296, § 1; 1993, No. 172, § 1.
Ark. Code Ann. § 3-5-902 — AR Code / Title 3 / Chapter 5 / Subchapter 9 / Section 3-5-902
Purpose of incentives
Status: in_force

Through the passage of this subchapter, the General Assembly establishes a financial incentive in the forms of grant payments as authorized in this subchapter for the encouragement of growing of grapes and other fruits used in the production of wine in this state to: (1) Reduce unemployment and provide new and expanded job opportunities for the people of this state; (2) Provide expanded markets for grapes, fruits, berries, or vegetables produced in Arkansas thereby providing increased opportunities for the use of productive lands in this state and to stimulate the agricultural economy of this state; (3) Attract other industries to this state; (4) Provide stability to the marketing of grapes used in the wine industries of this state thereby providing financial relief to the owners of hundreds of acres of vineyards that have been totally or severely damaged due to extreme drought and freezing conditions resulting from unseasonal weather and climatic changes that are not typical of the climate of this state; (5) Provide relief to Arkansas wineries which must compete with products imported from foreign countries whose producers are receiving direct government subsidies which enable those producers to sell their products in this country at subsidized prices which gives them a competitive advantage over domestically produced wines, which is destructive of the domestic wine industry and agricultural and employment opportunities of persons who are dependent upon the wine industry for their support; and (6) Provide relief to the financial community of this state which made investments and loans supporting the growers of grapes, fruits, berries, or vegetables used in the wine industry to provide stability to the marketing of such products thereby enabling the growers to overcome losses suffered due to extreme weather conditions, and as an incentive for additional investments necessary for increased production of such agricultural products in this state. Acts 1985, No. 681, § 1; A.S.A. 1947, § 48-652.

Through the passage of this subchapter, the General Assembly establishes a financial incentive in the forms of grant payments as authorized in this subchapter for the encouragement of growing of grapes and other fruits used in the production of wine in this state to:

(1) Reduce unemployment and provide new and expanded job opportunities for the people of this state;

(2) Provide expanded markets for grapes, fruits, berries, or vegetables produced in Arkansas thereby providing increased opportunities for the use of productive lands in this state and to stimulate the agricultural economy of this state;

(3) Attract other industries to this state;

(4) Provide stability to the marketing of grapes used in the wine industries of this state thereby providing financial relief to the owners of hundreds of acres of vineyards that have been totally or severely damaged due to extreme drought and freezing conditions resulting from unseasonal weather and climatic changes that are not typical of the climate of this state;

(5) Provide relief to Arkansas wineries which must compete with products imported from foreign countries whose producers are receiving direct government subsidies which enable those producers to sell their products in this country at subsidized prices which gives them a competitive advantage over domestically produced wines, which is destructive of the domestic wine industry and agricultural and employment opportunities of persons who are dependent upon the wine industry for their support; and

(6) Provide relief to the financial community of this state which made investments and loans supporting the growers of grapes, fruits, berries, or vegetables used in the wine industry to provide stability to the marketing of such products thereby enabling the growers to overcome losses suffered due to extreme weather conditions, and as an incentive for additional investments necessary for increased production of such agricultural products in this state.

Acts 1985, No. 681, § 1; A.S.A. 1947, § 48-652.
Ark. Code Ann. § 3-5-604 — AR Code / Title 3 / Chapter 5 / Subchapter 6 / Section 3-5-604
Importing natural fruit flavors and herb flavors
Status: in_force

(a) The Alcoholic Beverage Control Division and the Department of Finance and Administration are authorized to permit Arkansas wineries to bring into Arkansas natural fruit flavors and herb flavors which cannot be acquired in Arkansas and to use such flavors according to existing federal regulations regarding natural fruit flavors and formula approval for each blend of wine. (b) The use of such natural fruit and herb flavors in the production of wines produced from fruits and vegetables grown in this state shall in no way deprive the Arkansas wineries of the benefits of the Native Wine Law with respect to the tax to be levied upon each gallon of native wine produced and sold in this state. Acts 1975, No. 675, § 3; A.S.A. 1947, § 48-634.

(a) The Alcoholic Beverage Control Division and the Department of Finance and Administration are authorized to permit Arkansas wineries to bring into Arkansas natural fruit flavors and herb flavors which cannot be acquired in Arkansas and to use such flavors according to existing federal regulations regarding natural fruit flavors and formula approval for each blend of wine.

(b) The use of such natural fruit and herb flavors in the production of wines produced from fruits and vegetables grown in this state shall in no way deprive the Arkansas wineries of the benefits of the Native Wine Law with respect to the tax to be levied upon each gallon of native wine produced and sold in this state.

Acts 1975, No. 675, § 3; A.S.A. 1947, § 48-634.
Ark. Code Ann. § 3-4-503 — AR Code / Title 3 / Chapter 4 / Subchapter 5 / Section 3-4-503
Suits to restrain collection - Refunds
Status: in_force

(a) No suit shall be maintained in any court to restrain or delay the collection or payment of any fee or tax levied by this act. (b) The aggrieved taxpayer or permittee shall pay the tax or fee as and when required and may at any time within two (2) years from the date of 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 or fee paid with legal interest thereon from the date of payment. (c) (1) If it is finally determined that the tax or fee or any part thereof was wrongfully collected, for any reason, it shall be the duty of the Auditor of State to issue his or her warrant on the Treasurer of State for the amount of the tax or fee so adjudged to have been wrongfully collected, together with legal interest thereon. (2) The Treasurer of State shall pay the Auditor of State's warrant at once out of the General Revenue Fund Account of the state 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. 108, Art. 5, § 2; Pope's Dig., § 14133; A.S.A. 1947, § 48-326.

(a) No suit shall be maintained in any court to restrain or delay the collection or payment of any fee or tax levied by this act.

(b) The aggrieved taxpayer or permittee shall pay the tax or fee as and when required and may at any time within two (2) years from the date of 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 or fee paid with legal interest thereon from the date of payment.

(c) (1) If it is finally determined that the tax or fee or any part thereof was wrongfully collected, for any reason, it shall be the duty of the Auditor of State to issue his or her warrant on the Treasurer of State for the amount of the tax or fee so adjudged to have been wrongfully collected, together with legal interest thereon. (2) The Treasurer of State shall pay the Auditor of State's warrant at once out of the General Revenue Fund Account of the state in preference to other warrants or claims against the state.

(1) If it is finally determined that the tax or fee or any part thereof was wrongfully collected, for any reason, it shall be the duty of the Auditor of State to issue his or her warrant on the Treasurer of State for the amount of the tax or fee so adjudged to have been wrongfully collected, together with legal interest thereon.

(2) The Treasurer of State shall pay the Auditor of State's warrant at once out of the General Revenue Fund Account of the state 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. 108, Art. 5, § 2; Pope's Dig., § 14133; A.S.A. 1947, § 48-326.
Ark. Code Ann. § 3-2-101 — AR Code / Title 3 / Chapter 2 / Subchapter 1 / Section 3-2-101
Interest of enforcement officers in alcoholic liquors prohibited
Status: in_force

(a) Neither the Secretary of the Department of Finance and Administration nor any officer, employee, deputy, or assistant thereof shall have any direct or indirect interest in or on any premises where alcoholic liquors are manufactured or sold, nor shall he or she have any direct or indirect interest in any business wholly or partially devoted to the manufacture or sale of alcoholic liquors or own any stock in any corporation which has any direct or indirect interest in the premises where alcoholic liquors are manufactured or sold or in any business wholly or partially devoted to the manufacture or sale of alcoholic liquors. (b) Any person violating any provision of this section shall, in addition to the penalty provided in this act, forfeit his or her office or employment or be removed therefrom. Amended by Act 2019, No. 910,§ 3299, eff. 7/1/2019. Acts 1935, No. 108, Art. 2, § 2; Pope's Dig., § 14103; A.S.A. 1947, § 48-202.

(a) Neither the Secretary of the Department of Finance and Administration nor any officer, employee, deputy, or assistant thereof shall have any direct or indirect interest in or on any premises where alcoholic liquors are manufactured or sold, nor shall he or she have any direct or indirect interest in any business wholly or partially devoted to the manufacture or sale of alcoholic liquors or own any stock in any corporation which has any direct or indirect interest in the premises where alcoholic liquors are manufactured or sold or in any business wholly or partially devoted to the manufacture or sale of alcoholic liquors.

(b) Any person violating any provision of this section shall, in addition to the penalty provided in this act, forfeit his or her office or employment or be removed therefrom.

Amended by Act 2019, No. 910,§ 3299, eff. 7/1/2019.

Acts 1935, No. 108, Art. 2, § 2; Pope's Dig., § 14103; A.S.A. 1947, § 48-202.
Ark. Code Ann. § 3-4-701 — AR Code / Title 3 / Chapter 4 / Subchapter 7 / Section 3-4-701
Creation - Issuance - Expiration
Status: in_force

(a) (1) In addition to all other existing alcoholic beverage permits authorized to be issued by the Alcoholic Beverage Control Division for the retail sale of alcoholic beverages, there is hereby created a "post exchange package permit", which shall authorize the sales of spirituous, vinous, and malt beverages, light wine, light beer, premixed spirituous liquor, light spirituous liquor, and Arkansas native wine, as such beverages are defined by this title, at post exchange facilities located at Camp Joseph T. Robinson and Fort Chaffee upon property owned or controlled by the State of Arkansas and operated by and under the exclusive control of the militia. (2) The permit created herein shall not be subject to any quota restrictions. (b) The permits authorized in this section shall be issued by the Alcoholic Beverage Control Division to qualified persons whose application for the permit shall be accompanied by a letter of authorization signed by the Adjutant General of the Arkansas National Guard. (c) Each permit shall be issued annually for a fee of one thousand dollars ($1,000) and shall expire on June 30 of each year. Acts 1989, No. 617, §§ 1-3; 1997, No. 366, § 1; 2009, No. 294, § 8.

(a) (1) In addition to all other existing alcoholic beverage permits authorized to be issued by the Alcoholic Beverage Control Division for the retail sale of alcoholic beverages, there is hereby created a "post exchange package permit", which shall authorize the sales of spirituous, vinous, and malt beverages, light wine, light beer, premixed spirituous liquor, light spirituous liquor, and Arkansas native wine, as such beverages are defined by this title, at post exchange facilities located at Camp Joseph T. Robinson and Fort Chaffee upon property owned or controlled by the State of Arkansas and operated by and under the exclusive control of the militia. (2) The permit created herein shall not be subject to any quota restrictions.

(1) In addition to all other existing alcoholic beverage permits authorized to be issued by the Alcoholic Beverage Control Division for the retail sale of alcoholic beverages, there is hereby created a "post exchange package permit", which shall authorize the sales of spirituous, vinous, and malt beverages, light wine, light beer, premixed spirituous liquor, light spirituous liquor, and Arkansas native wine, as such beverages are defined by this title, at post exchange facilities located at Camp Joseph T. Robinson and Fort Chaffee upon property owned or controlled by the State of Arkansas and operated by and under the exclusive control of the militia.

(2) The permit created herein shall not be subject to any quota restrictions.

(b) The permits authorized in this section shall be issued by the Alcoholic Beverage Control Division to qualified persons whose application for the permit shall be accompanied by a letter of authorization signed by the Adjutant General of the Arkansas National Guard.

(c) Each permit shall be issued annually for a fee of one thousand dollars ($1,000) and shall expire on June 30 of each year.

Acts 1989, No. 617, §§ 1-3; 1997, No. 366, § 1; 2009, No. 294, § 8.
Ark. Code Ann. § 3-8-308 — AR Code / Title 3 / Chapter 8 / Subchapter 3 / Section 3-8-308
Applicability of election laws - Violations
Status: in_force

(a) If, at any election provided for in this act, any person shall vote who is not entitled to vote under the laws of this state at elections for county officers, he or she shall be punished as for a violation of the general laws on elections. (b) All general laws to protect the purity of elections shall be applicable to this act. Acts 1935, No. 108, Art. 7, § 11; Pope's Dig., § 14158; A.S.A. 1947, § 48-817.

(a) If, at any election provided for in this act, any person shall vote who is not entitled to vote under the laws of this state at elections for county officers, he or she shall be punished as for a violation of the general laws on elections.

(b) All general laws to protect the purity of elections shall be applicable to this act.

Acts 1935, No. 108, Art. 7, § 11; Pope's Dig., § 14158; A.S.A. 1947, § 48-817.
Ark. Code Ann. § 3-8-803 — AR Code / Title 3 / Chapter 8 / Subchapter 8 / Section 3-8-803
Petition to determine granting of licenses for manufacture or sale or bartering, loaning, or giving away of intoxicating liquor
Status: in_force

(a) An election to determine whether licenses will be granted for the manufacture or sale or the bartering, loaning, or giving away of intoxicating liquor shall be called by a petition signed by registered voters in the designated county, township, municipality, ward, or precinct in a number equal to thirty-eight percent (38%) of the registered voters. (b) The petition shall be filed with the county clerk. (c) The county clerk shall verify the signatures on the petition and determine the sufficiency of the petition no later than ten (10) days after the petition is submitted. (d) The total number of voters registered as certified by the county clerk to the Secretary of State by June 1 of each year pursuant to Arkansas Constitution, Amendment 51, shall be the basis upon which the number of signatures of qualified electors on petitions shall be computed. Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.

(a) An election to determine whether licenses will be granted for the manufacture or sale or the bartering, loaning, or giving away of intoxicating liquor shall be called by a petition signed by registered voters in the designated county, township, municipality, ward, or precinct in a number equal to thirty-eight percent (38%) of the registered voters.

(b) The petition shall be filed with the county clerk.

(c) The county clerk shall verify the signatures on the petition and determine the sufficiency of the petition no later than ten (10) days after the petition is submitted.

(d) The total number of voters registered as certified by the county clerk to the Secretary of State by June 1 of each year pursuant to Arkansas Constitution, Amendment 51, shall be the basis upon which the number of signatures of qualified electors on petitions shall be computed.

Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.
Ark. Code Ann. § 3-5-1105 — AR Code / Title 3 / Chapter 5 / Subchapter 11 / Section 3-5-1105
Waiver of rights
Status: in_force

(a) (1) A wholesaler may not waive any of the rights granted in any provision of this subchapter, and the provisions of any agreement which would have such an effect shall be null and void. (2) Nothing in this subchapter shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties. (b) No right or cause of action authorized by Arkansas law shall be waived by the supplier or wholesaler unless specifically waived in the agreement. Acts 1991, No. 8, §§ 8, 11; 1991, No. 866, §§ 8, 11.

(a) (1) A wholesaler may not waive any of the rights granted in any provision of this subchapter, and the provisions of any agreement which would have such an effect shall be null and void. (2) Nothing in this subchapter shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties.

(1) A wholesaler may not waive any of the rights granted in any provision of this subchapter, and the provisions of any agreement which would have such an effect shall be null and void.

(2) Nothing in this subchapter shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties.

(b) No right or cause of action authorized by Arkansas law shall be waived by the supplier or wholesaler unless specifically waived in the agreement.

Acts 1991, No. 8, §§ 8, 11; 1991, No. 866, §§ 8, 11.