Ark. Code Ann. § 3-9-210 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-210
Permit to sell beverages - Issuance
Status: in_force

(a) (1) Any hotel or restaurant as defined in § 3-9-202 desiring to sell alcoholic beverages for on-premises consumption shall make application to the Director of the Alcoholic Beverage Control Division for a permit upon forms prescribed and furnished by the director and in accordance with the rules of the Alcoholic Beverage Control Board. (2) (A) If the hotel or restaurant is owned by a partnership, whether regular or limited, a nonpartner manager or operator may be issued the permit provided that he or she meets the other qualifications required by this section. (B) The failure of one (1) or more partners to be residents of this state shall not be grounds for denial of the permit. (b) No applicant shall be authorized to make any such sales until a permit is approved and issued by the director. (c) The board shall have authority to require an applicant, under oath, to disclose the following information: (1) The name of the applicant; (2) Location of the hotel or restaurant; (3) Sufficient data to establish that the applicant meets the requirements of § 3-9-202 ; (4) The names and addresses of all owners of the hotel or restaurant; (5) That the applicant is a citizen or resident alien of the United States and a resident of Arkansas on the date of application, and if a corporation, duly qualified to do business in this state; (6) That neither the applicant nor any person to be employed in the serving of beverages authorized herein shall be a person who has been convicted within five (5) years of the date of his or her employment of any violation of the laws against possession, sale, manufacture, or transportation of intoxicating liquor, or convicted of a felony; (7) That the manager or operator of the hotel or restaurant seeking the permit is of good moral character and not a convicted felon; and (8) Such other relevant information as may be required. (d) Every permit issued under this subchapter shall be for an indeterminate period, subject to compliance with the annual renewal requirements herein prescribed and shall not be transferable or assignable, as to owner or premises, except upon the written approval of the director. Amended by Act 2019, No. 315,§ 99, eff. 7/24/2019. Acts 1969, No. 132, § 5; A.S.A. 1947, § 48-1405; Acts 1991, No. 606, § 7; 1997, No. 222, § 1.

(a) (1) Any hotel or restaurant as defined in § 3-9-202 desiring to sell alcoholic beverages for on-premises consumption shall make application to the Director of the Alcoholic Beverage Control Division for a permit upon forms prescribed and furnished by the director and in accordance with the rules of the Alcoholic Beverage Control Board. (2) (A) If the hotel or restaurant is owned by a partnership, whether regular or limited, a nonpartner manager or operator may be issued the permit provided that he or she meets the other qualifications required by this section. (B) The failure of one (1) or more partners to be residents of this state shall not be grounds for denial of the permit.

(1) Any hotel or restaurant as defined in § 3-9-202 desiring to sell alcoholic beverages for on-premises consumption shall make application to the Director of the Alcoholic Beverage Control Division for a permit upon forms prescribed and furnished by the director and in accordance with the rules of the Alcoholic Beverage Control Board.

(2) (A) If the hotel or restaurant is owned by a partnership, whether regular or limited, a nonpartner manager or operator may be issued the permit provided that he or she meets the other qualifications required by this section. (B) The failure of one (1) or more partners to be residents of this state shall not be grounds for denial of the permit.

(A) If the hotel or restaurant is owned by a partnership, whether regular or limited, a nonpartner manager or operator may be issued the permit provided that he or she meets the other qualifications required by this section.

(B) The failure of one (1) or more partners to be residents of this state shall not be grounds for denial of the permit.

(b) No applicant shall be authorized to make any such sales until a permit is approved and issued by the director.

(c) The board shall have authority to require an applicant, under oath, to disclose the following information: (1) The name of the applicant; (2) Location of the hotel or restaurant; (3) Sufficient data to establish that the applicant meets the requirements of § 3-9-202 ; (4) The names and addresses of all owners of the hotel or restaurant; (5) That the applicant is a citizen or resident alien of the United States and a resident of Arkansas on the date of application, and if a corporation, duly qualified to do business in this state; (6) That neither the applicant nor any person to be employed in the serving of beverages authorized herein shall be a person who has been convicted within five (5) years of the date of his or her employment of any violation of the laws against possession, sale, manufacture, or transportation of intoxicating liquor, or convicted of a felony; (7) That the manager or operator of the hotel or restaurant seeking the permit is of good moral character and not a convicted felon; and (8) Such other relevant information as may be required.

(1) The name of the applicant;

(2) Location of the hotel or restaurant;

(3) Sufficient data to establish that the applicant meets the requirements of § 3-9-202 ;

(4) The names and addresses of all owners of the hotel or restaurant;

(5) That the applicant is a citizen or resident alien of the United States and a resident of Arkansas on the date of application, and if a corporation, duly qualified to do business in this state;

(6) That neither the applicant nor any person to be employed in the serving of beverages authorized herein shall be a person who has been convicted within five (5) years of the date of his or her employment of any violation of the laws against possession, sale, manufacture, or transportation of intoxicating liquor, or convicted of a felony;

(7) That the manager or operator of the hotel or restaurant seeking the permit is of good moral character and not a convicted felon; and

(8) Such other relevant information as may be required.

(d) Every permit issued under this subchapter shall be for an indeterminate period, subject to compliance with the annual renewal requirements herein prescribed and shall not be transferable or assignable, as to owner or premises, except upon the written approval of the director.

Amended by Act 2019, No. 315,§ 99, eff. 7/24/2019.

Acts 1969, No. 132, § 5; A.S.A. 1947, § 48-1405; Acts 1991, No. 606, § 7; 1997, No. 222, § 1.
Ark. Code Ann. § 3-4-108 — AR Code / Title 3 / Chapter 4 / Subchapter 1 / Section 3-4-108
Alcoholic beverages with food purchase - Definitions
Status: in_force

(a) A restaurant holding a valid alcoholic beverage permit may sell alcoholic beverages in a sealed container during legal operating hours directly to a consumer twenty-one (21) years of age or older along with the purchase of a meal as defined in § 3-9-202 : (1) At the point of sale to be consumed off-premises; (2) At the drive-through to be consumed off-premises; (3) At the curbside to be consumed off-premises; or (4) Delivered to a consumer at a location off-premises. (b) A private club holding a valid alcoholic beverage permit may serve alcoholic beverages in a sealed container during legal operating hours directly to a member or a guest of a member of the private club who is twenty-one (21) years of age or older along with the purchase of a meal as defined in § 3-9-202 : (1) At the point of sale to be consumed off-premises; (2) At the drive-through to be consumed off-premises; (3) At the curbside to be consumed off-premises; or (4) Delivered to a consumer at a location off-premises. (c) A permit holder authorized to deliver alcoholic beverages under this section shall deliver the alcoholic beverages by an employee of the permit holder and not through a third-party delivery system. (d) A permit holder authorized to deliver alcoholic beverages under this section may deliver alcoholic beverages directly to a consumer only in a wet county or area and shall only be allowed to deliver in cities and counties, or portions of cities and counties, in which the: (1) Manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held under Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and §§ 3-8-205 - 3-8-209 ; and (2) Sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as provided in § 3-9-201 et seq. (e) This section does not apply to a: (1) Private club located in a dry area; or (2) Restaurant located in a dry area. (f) A permit holder authorized to sell or serve alcoholic beverages with the purchase of a meal under this section is limited to the following quantities per sale or service: (1) Seventy-two ounces (72 oz.) of beer, malt beverages, or hard cider, or the equivalent of one (1) standard six-pack; (2) Seven hundred fifty milliliters (750 ml) of wine, or the equivalent of one (1) bottle; and (3) Thirty-two ounces (32 oz.) of spirituous liquors as defined in subdivision (i)(3) of this section, or the equivalent of four (4) eight- ounce drinks. (g) Unless authorized by local election under § 3-3-210 , a permit holder shall not sell or serve alcoholic beverages under this section on a Sunday. (h) The Director of the Alcoholic Beverage Control Division shall adopt rules to implement and administer this section. (i) As used in this section: (1) "Alcoholic beverages" means beer, malt beverages, hard ciders, vinous liquors, or spirituous liquors; (2) "Restaurant" means a public or private place that: (A) Is kept, used, maintained, advertised, and held out to the public or to a private or restricted membership as a place where complete meals are actually and regularly served; (B) Provides adequate and sanitary kitchen and dining equipment; (C) Has a seating capacity of at least twenty-five (25) persons; (D) Employs a sufficient number and variety of employees to prepare, cook, and serve suitable food for its guests or members; (E) Serves at least one (1) meal per day; and (F) Is open a minimum of five (5) days per week, with the exception of holidays, vacations, and periods of redecorating; and (3) (A) "Spirituous liquors" includes mixed drinks or specialty drinks that are made by the permit holder at the premises. (B) "Spirituous liquors" does not include unmixed spirits or spirits in the manufacturer's original containers. Amended by Act 2023, No. 540,§ 1, eff. 8/1/2023. Added by Act 2021, No. 703,§ 2, eff. 7/28/2021.

(a) A restaurant holding a valid alcoholic beverage permit may sell alcoholic beverages in a sealed container during legal operating hours directly to a consumer twenty-one (21) years of age or older along with the purchase of a meal as defined in § 3-9-202 : (1) At the point of sale to be consumed off-premises; (2) At the drive-through to be consumed off-premises; (3) At the curbside to be consumed off-premises; or (4) Delivered to a consumer at a location off-premises.

(1) At the point of sale to be consumed off-premises;

(2) At the drive-through to be consumed off-premises;

(3) At the curbside to be consumed off-premises; or

(4) Delivered to a consumer at a location off-premises.

(b) A private club holding a valid alcoholic beverage permit may serve alcoholic beverages in a sealed container during legal operating hours directly to a member or a guest of a member of the private club who is twenty-one (21) years of age or older along with the purchase of a meal as defined in § 3-9-202 : (1) At the point of sale to be consumed off-premises; (2) At the drive-through to be consumed off-premises; (3) At the curbside to be consumed off-premises; or (4) Delivered to a consumer at a location off-premises.

(1) At the point of sale to be consumed off-premises;

(2) At the drive-through to be consumed off-premises;

(3) At the curbside to be consumed off-premises; or

(4) Delivered to a consumer at a location off-premises.

(c) A permit holder authorized to deliver alcoholic beverages under this section shall deliver the alcoholic beverages by an employee of the permit holder and not through a third-party delivery system.

(d) A permit holder authorized to deliver alcoholic beverages under this section may deliver alcoholic beverages directly to a consumer only in a wet county or area and shall only be allowed to deliver in cities and counties, or portions of cities and counties, in which the: (1) Manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held under Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and §§ 3-8-205 - 3-8-209 ; and (2) Sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as provided in § 3-9-201 et seq.

(1) Manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held under Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and §§ 3-8-205 - 3-8-209 ; and

(2) Sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as provided in § 3-9-201 et seq.

(e) This section does not apply to a: (1) Private club located in a dry area; or (2) Restaurant located in a dry area.

(1) Private club located in a dry area; or

(2) Restaurant located in a dry area.

(f) A permit holder authorized to sell or serve alcoholic beverages with the purchase of a meal under this section is limited to the following quantities per sale or service: (1) Seventy-two ounces (72 oz.) of beer, malt beverages, or hard cider, or the equivalent of one (1) standard six-pack; (2) Seven hundred fifty milliliters (750 ml) of wine, or the equivalent of one (1) bottle; and (3) Thirty-two ounces (32 oz.) of spirituous liquors as defined in subdivision (i)(3) of this section, or the equivalent of four (4) eight- ounce drinks.

(1) Seventy-two ounces (72 oz.) of beer, malt beverages, or hard cider, or the equivalent of one (1) standard six-pack;

(2) Seven hundred fifty milliliters (750 ml) of wine, or the equivalent of one (1) bottle; and

(3) Thirty-two ounces (32 oz.) of spirituous liquors as defined in subdivision (i)(3) of this section, or the equivalent of four (4) eight- ounce drinks.

(g) Unless authorized by local election under § 3-3-210 , a permit holder shall not sell or serve alcoholic beverages under this section on a Sunday.

(h) The Director of the Alcoholic Beverage Control Division shall adopt rules to implement and administer this section.

(i) As used in this section: (1) "Alcoholic beverages" means beer, malt beverages, hard ciders, vinous liquors, or spirituous liquors; (2) "Restaurant" means a public or private place that: (A) Is kept, used, maintained, advertised, and held out to the public or to a private or restricted membership as a place where complete meals are actually and regularly served; (B) Provides adequate and sanitary kitchen and dining equipment; (C) Has a seating capacity of at least twenty-five (25) persons; (D) Employs a sufficient number and variety of employees to prepare, cook, and serve suitable food for its guests or members; (E) Serves at least one (1) meal per day; and (F) Is open a minimum of five (5) days per week, with the exception of holidays, vacations, and periods of redecorating; and (3) (A) "Spirituous liquors" includes mixed drinks or specialty drinks that are made by the permit holder at the premises. (B) "Spirituous liquors" does not include unmixed spirits or spirits in the manufacturer's original containers.

(1) "Alcoholic beverages" means beer, malt beverages, hard ciders, vinous liquors, or spirituous liquors;

(2) "Restaurant" means a public or private place that: (A) Is kept, used, maintained, advertised, and held out to the public or to a private or restricted membership as a place where complete meals are actually and regularly served; (B) Provides adequate and sanitary kitchen and dining equipment; (C) Has a seating capacity of at least twenty-five (25) persons; (D) Employs a sufficient number and variety of employees to prepare, cook, and serve suitable food for its guests or members; (E) Serves at least one (1) meal per day; and (F) Is open a minimum of five (5) days per week, with the exception of holidays, vacations, and periods of redecorating; and

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

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

(C) Has a seating capacity of at least twenty-five (25) persons;

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

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

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

(3) (A) "Spirituous liquors" includes mixed drinks or specialty drinks that are made by the permit holder at the premises. (B) "Spirituous liquors" does not include unmixed spirits or spirits in the manufacturer's original containers.

(A) "Spirituous liquors" includes mixed drinks or specialty drinks that are made by the permit holder at the premises.

(B) "Spirituous liquors" does not include unmixed spirits or spirits in the manufacturer's original containers.

Amended by Act 2023, No. 540,§ 1, eff. 8/1/2023.

Added by Act 2021, No. 703,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 3-4-502 — AR Code / Title 3 / Chapter 4 / Subchapter 5 / Section 3-4-502
Fines
Status: in_force

When any fine is levied and collected under subchapter 4 of this chapter, the revenue shall be deposited into the General Revenue Fund Account. Acts 1981, No. 790, § 2; A.S.A. 1947, § 48-346.

When any fine is levied and collected under subchapter 4 of this chapter, the revenue shall be deposited into the General Revenue Fund Account.

Acts 1981, No. 790, § 2; A.S.A. 1947, § 48-346.
Ark. Code Ann. § 3-4-210 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-210
Applications - Notice requirements
Status: in_force

(a) (1) (A) After filing an application with the Director of the Alcoholic Beverage Control Division and the acceptance of the application by the director, the applicant shall publish at least one (1) time a week for four (4) consecutive weeks in a legal newspaper of general circulation in the city or locality where the business is to be located a notice that the applicant has applied for a permit to sell alcoholic beverages at retail. (B) The newspaper publishing the notice shall have a physical address within the county of the proposed location of the retail business identified in the application. (C) If the county does not have a newspaper, then the publication shall be placed in a newspaper with the nearest physical address of the location of the retail business identified in the application. (2) The notice shall be in such form as the director shall prescribe by rule or order and shall be verified. (3) The notice shall give the names of the applicant and the business and shall state that the applicant is a resident of Arkansas, a citizen or resident alien of the United States, that he or she has good moral character, that he or she has never been convicted of a felony or had a license to sell alcoholic beverages revoked within the five (5) years preceding the date of notice, whether issued by this state or any other state, and that he or she has not been convicted of violating laws of this state or any other state governing the sale of alcoholic beverages within five (5) years preceding the date of the notice. (b) (1) Within five (5) days after filing an application for a permit to sell alcoholic beverages at retail at any premises, a notice of the application shall be posted in a conspicuous place at the entrance to the premises. (2) The applicant shall notify the director of the date when notice is first posted. (3) No permit shall be issued to any applicant until proper notice has been posted on the premises for at least thirty (30) consecutive days. (4) (A) The notice shall be in such form as the director shall prescribe by rule or order. (B) The notice shall be: (i) At least eleven inches (11") in width and seventeen inches (17") in height; and (ii) Printed in black lettering on a yellow background. (c) (1) Upon receipt by the director of an application for a permit, written notice thereof, which shall include a copy of the application, the application shall immediately be mailed by the director to the sheriff, chief of police, if located within a city, and prosecuting attorney of the locality in which the premises are situated, and to the city board of directors or other governing body of the city in which the premises are situated, if within an incorporated area. (2) No license shall be issued by the director until at least thirty (30) days have passed from the mailing by the director of the notices required by this section. Amended by Act 2013, No. 292,§ 1, eff. 8/16/2013. Acts 1935, No. 108, Art. 3, § 7; Pope's Dig., § 14111; Acts 1945, No. 239, § 1; 1967, No. 239, § 1; 1973, No. 189, § 1; A.S.A. 1947, § 48-311; Acts 1989, No. 297, § 2; 1991, No. 606, § 3; 1995, No. 652, § 11; 2007, No. 735, § 1.

(a) (1) (A) After filing an application with the Director of the Alcoholic Beverage Control Division and the acceptance of the application by the director, the applicant shall publish at least one (1) time a week for four (4) consecutive weeks in a legal newspaper of general circulation in the city or locality where the business is to be located a notice that the applicant has applied for a permit to sell alcoholic beverages at retail. (B) The newspaper publishing the notice shall have a physical address within the county of the proposed location of the retail business identified in the application. (C) If the county does not have a newspaper, then the publication shall be placed in a newspaper with the nearest physical address of the location of the retail business identified in the application. (2) The notice shall be in such form as the director shall prescribe by rule or order and shall be verified. (3) The notice shall give the names of the applicant and the business and shall state that the applicant is a resident of Arkansas, a citizen or resident alien of the United States, that he or she has good moral character, that he or she has never been convicted of a felony or had a license to sell alcoholic beverages revoked within the five (5) years preceding the date of notice, whether issued by this state or any other state, and that he or she has not been convicted of violating laws of this state or any other state governing the sale of alcoholic beverages within five (5) years preceding the date of the notice.

(1) (A) After filing an application with the Director of the Alcoholic Beverage Control Division and the acceptance of the application by the director, the applicant shall publish at least one (1) time a week for four (4) consecutive weeks in a legal newspaper of general circulation in the city or locality where the business is to be located a notice that the applicant has applied for a permit to sell alcoholic beverages at retail. (B) The newspaper publishing the notice shall have a physical address within the county of the proposed location of the retail business identified in the application. (C) If the county does not have a newspaper, then the publication shall be placed in a newspaper with the nearest physical address of the location of the retail business identified in the application.

(A) After filing an application with the Director of the Alcoholic Beverage Control Division and the acceptance of the application by the director, the applicant shall publish at least one (1) time a week for four (4) consecutive weeks in a legal newspaper of general circulation in the city or locality where the business is to be located a notice that the applicant has applied for a permit to sell alcoholic beverages at retail.

(B) The newspaper publishing the notice shall have a physical address within the county of the proposed location of the retail business identified in the application.

(C) If the county does not have a newspaper, then the publication shall be placed in a newspaper with the nearest physical address of the location of the retail business identified in the application.

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

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

(b) (1) Within five (5) days after filing an application for a permit to sell alcoholic beverages at retail at any premises, a notice of the application shall be posted in a conspicuous place at the entrance to the premises. (2) The applicant shall notify the director of the date when notice is first posted. (3) No permit shall be issued to any applicant until proper notice has been posted on the premises for at least thirty (30) consecutive days. (4) (A) The notice shall be in such form as the director shall prescribe by rule or order. (B) The notice shall be: (i) At least eleven inches (11") in width and seventeen inches (17") in height; and (ii) Printed in black lettering on a yellow background.

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

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

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

(4) (A) The notice shall be in such form as the director shall prescribe by rule or order. (B) The notice shall be: (i) At least eleven inches (11") in width and seventeen inches (17") in height; and (ii) Printed in black lettering on a yellow background.

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

(B) The notice shall be: (i) At least eleven inches (11") in width and seventeen inches (17") in height; and (ii) Printed in black lettering on a yellow background.

(i) At least eleven inches (11") in width and seventeen inches (17") in height; and

(ii) Printed in black lettering on a yellow background.

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

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

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

Amended by Act 2013, No. 292,§ 1, eff. 8/16/2013.

Acts 1935, No. 108, Art. 3, § 7; Pope's Dig., § 14111; Acts 1945, No. 239, § 1; 1967, No. 239, § 1; 1973, No. 189, § 1; A.S.A. 1947, § 48-311; Acts 1989, No. 297, § 2; 1991, No. 606, § 3; 1995, No. 652, § 11; 2007, No. 735, § 1.
Ark. Code Ann. § 3-5-306 — AR Code / Title 3 / Chapter 5 / Subchapter 3 / Section 3-5-306
Applications - Appeals
Status: in_force

(a) Any appeal from an order of the Director of the Alcoholic Beverage Control Division or the Alcoholic Beverage Control Board shall be made to the circuit court of the county in which the premises are situated or the Pulaski County Circuit Court. (b) Appeals shall be governed by the terms of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1943, No. 244, § 1; 1973, No. 189, § 2; 1981, No. 790, § 5; A.S.A. 1947, § 48-528.

(a) Any appeal from an order of the Director of the Alcoholic Beverage Control Division or the Alcoholic Beverage Control Board shall be made to the circuit court of the county in which the premises are situated or the Pulaski County Circuit Court.

(b) Appeals shall be governed by the terms of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1943, No. 244, § 1; 1973, No. 189, § 2; 1981, No. 790, § 5; A.S.A. 1947, § 48-528.
Ark. Code Ann. § 3-8-205 — AR Code / Title 3 / Chapter 8 / Subchapter 2 / Section 3-8-205
Determination of sufficiency of petition - Calling of election
Status: in_force

(a) If the petition is determined to be sufficient under § 3-8-801 et seq., the county clerk shall certify that finding to the county board of election commissioners, and the question shall be placed on the ballot in the county, township, municipality, ward, or precinct at the next biennial general election as provided in § 3-8-101 . (b) (1) If an appeal is taken from the certification of the county clerk, it shall be taken within ten (10) days and shall be considered by the circuit court within ten (10) days, or as soon as practicable, after the appeal is lodged with the court. (2) The circuit court shall render its decision within thirty (30) days thereafter. (c) If an appeal is taken, the election shall be had no sooner than sixty-five (65) days after the appeal is determined, if the decision is in favor of the petitioners. (d) (1) (A) The decision shall be certified immediately to the county board of election commissioners, and the day for the election shall be fixed by the county board of election commissioners for not earlier than sixty-five (65) days nor later than ninety (90) days after the certification of the decision of the circuit court. (B) Any appeal from the final decision of the circuit court shall be taken within ten (10) days and shall be advanced and immediately determined by the Supreme Court. (2) In that event, the county board of election commissioners may, in its discretion, delay the election until after the final decision of the Supreme Court. (3) If the decision is in favor of the petitioners, then the county board of election commissioners shall set the day for the election, which shall be not earlier than sixty-five (65) days nor later than ninety (90) days after the final decision of the Supreme Court. (e) Except as provided in this section, a petition for local option election shall be governed by § 7-9-101 et seq. and the Disclosure Act for Initiative Proceedings, § 3-8-701 et seq. Amended by Act 2015, No. 1251,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1432,§ 2, eff. 8/16/2013. Init. Meas. 1942, No. 1, §§ 1, 4, Acts 1943, p. 998; Acts 1985, No. 266, § 1; A.S.A. 1947, §§ 48-801, 48-804; Acts 1993, No. 243, § 1; 1997, No. 449, § 2; 1999, No. 637, § 1; 2007, No. 1049, § 2.

(a) If the petition is determined to be sufficient under § 3-8-801 et seq., the county clerk shall certify that finding to the county board of election commissioners, and the question shall be placed on the ballot in the county, township, municipality, ward, or precinct at the next biennial general election as provided in § 3-8-101 .

(b) (1) If an appeal is taken from the certification of the county clerk, it shall be taken within ten (10) days and shall be considered by the circuit court within ten (10) days, or as soon as practicable, after the appeal is lodged with the court. (2) The circuit court shall render its decision within thirty (30) days thereafter.

(1) If an appeal is taken from the certification of the county clerk, it shall be taken within ten (10) days and shall be considered by the circuit court within ten (10) days, or as soon as practicable, after the appeal is lodged with the court.

(2) The circuit court shall render its decision within thirty (30) days thereafter.

(c) If an appeal is taken, the election shall be had no sooner than sixty-five (65) days after the appeal is determined, if the decision is in favor of the petitioners.

(d) (1) (A) The decision shall be certified immediately to the county board of election commissioners, and the day for the election shall be fixed by the county board of election commissioners for not earlier than sixty-five (65) days nor later than ninety (90) days after the certification of the decision of the circuit court. (B) Any appeal from the final decision of the circuit court shall be taken within ten (10) days and shall be advanced and immediately determined by the Supreme Court. (2) In that event, the county board of election commissioners may, in its discretion, delay the election until after the final decision of the Supreme Court. (3) If the decision is in favor of the petitioners, then the county board of election commissioners shall set the day for the election, which shall be not earlier than sixty-five (65) days nor later than ninety (90) days after the final decision of the Supreme Court.

(1) (A) The decision shall be certified immediately to the county board of election commissioners, and the day for the election shall be fixed by the county board of election commissioners for not earlier than sixty-five (65) days nor later than ninety (90) days after the certification of the decision of the circuit court. (B) Any appeal from the final decision of the circuit court shall be taken within ten (10) days and shall be advanced and immediately determined by the Supreme Court.

(A) The decision shall be certified immediately to the county board of election commissioners, and the day for the election shall be fixed by the county board of election commissioners for not earlier than sixty-five (65) days nor later than ninety (90) days after the certification of the decision of the circuit court.

(B) Any appeal from the final decision of the circuit court shall be taken within ten (10) days and shall be advanced and immediately determined by the Supreme Court.

(2) In that event, the county board of election commissioners may, in its discretion, delay the election until after the final decision of the Supreme Court.

(3) If the decision is in favor of the petitioners, then the county board of election commissioners shall set the day for the election, which shall be not earlier than sixty-five (65) days nor later than ninety (90) days after the final decision of the Supreme Court.

(e) Except as provided in this section, a petition for local option election shall be governed by § 7-9-101 et seq. and the Disclosure Act for Initiative Proceedings, § 3-8-701 et seq.

Amended by Act 2015, No. 1251,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1432,§ 2, eff. 8/16/2013.

Init. Meas. 1942, No. 1, §§ 1, 4, Acts 1943, p. 998; Acts 1985, No. 266, § 1; A.S.A. 1947, §§ 48-801, 48-804; Acts 1993, No. 243, § 1; 1997, No. 449, § 2; 1999, No. 637, § 1; 2007, No. 1049, § 2.
Ark. Code Ann. § 3-9-208 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-208
Subsequent local option elections
Status: in_force

(a) If a dry city or county shall subsequently vote at a local option election held pursuant to the Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , for the manufacture or sale of intoxicating liquors, a referendum election under this subchapter may not be held in such city or county for a period of six (6) months thereafter. (b) If a city or county has approved the sale of alcoholic beverages for on-premises consumption and dry areas within the city or county thereafter vote for the manufacture or sale of intoxicating liquors at a local option election pursuant to the Initiated Act, a referendum election under this subchapter need not be held again in the formerly dry areas, but permits may not be issued for on-premises consumption in such areas for a period of one (1) year thereafter. (c) If permits are issued hereunder in a city or county which subsequently prohibits the manufacture or sale of intoxicating liquors at a local option election pursuant to the Initiated Act, then all permits shall be deemed automatically revoked and shall be returned to the Alcoholic Beverage Control Board forthwith. Acts 1969, No. 132, § 4; A.S.A. 1947, § 48-1404.

(a) If a dry city or county shall subsequently vote at a local option election held pursuant to the Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , for the manufacture or sale of intoxicating liquors, a referendum election under this subchapter may not be held in such city or county for a period of six (6) months thereafter.

(b) If a city or county has approved the sale of alcoholic beverages for on-premises consumption and dry areas within the city or county thereafter vote for the manufacture or sale of intoxicating liquors at a local option election pursuant to the Initiated Act, a referendum election under this subchapter need not be held again in the formerly dry areas, but permits may not be issued for on-premises consumption in such areas for a period of one (1) year thereafter.

(c) If permits are issued hereunder in a city or county which subsequently prohibits the manufacture or sale of intoxicating liquors at a local option election pursuant to the Initiated Act, then all permits shall be deemed automatically revoked and shall be returned to the Alcoholic Beverage Control Board forthwith.

Acts 1969, No. 132, § 4; A.S.A. 1947, § 48-1404.
Ark. Code Ann. § 3-3-314 — AR Code / Title 3 / Chapter 3 / Subchapter 3 / Section 3-3-314
Sale of confiscated beverages
Status: in_force

(a) Immediately upon the expiration of thirty (30) days from the date of the first notice provided in § 3-3-312 , the mayor or the county judge, as the case may be, shall immediately notify licensed liquor wholesalers and retailers in the county, or, if the county is dry, then the licensed liquor wholesalers and retailers in the nearest wet county, that the contraband will be sold to the highest bidder and shall request all licensed liquor wholesalers and retailers to submit sealed bids. (b) No confiscated alcoholic beverages shall be sold at less than fifty percent (50%) of the retailers' selling price of such liquor as defined in Acts 1949, No. 282, § 4, as amended [repealed]. (c) In the event that alcoholic beverages are confiscated upon which the Arkansas tax has not been paid, the retailer or wholesaler buying the beverages is required to pay the tax. (d) All funds derived from the sale of the confiscated alcoholic beverages shall be deposited as follows: (1) Fifty percent (50%) in the general fund of the city or the county, as the case may be; and (2) Fifty percent (50%) thereof as general revenues in the State Treasury to the credit of the State Apportionment Fund. There the funds shall be allocated and distributed to the various funds, fund accounts, and accounts participating in general revenues in the respective proportions to each as provided by law and shall be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq. (e) The county or city officials are required to file a report at the end of each month with the Alcoholic Beverage Control Division showing the number of arrests, the amount of alcoholic beverages confiscated, and the amount of money collected from the sale of such beverages. Acts 1947, No. 423, § 10, as added by Acts 1953, No. 118, § 36(D), as added by Acts 1971, No. 585, § 12; A.S.A. 1947, § 48-929.

(a) Immediately upon the expiration of thirty (30) days from the date of the first notice provided in § 3-3-312 , the mayor or the county judge, as the case may be, shall immediately notify licensed liquor wholesalers and retailers in the county, or, if the county is dry, then the licensed liquor wholesalers and retailers in the nearest wet county, that the contraband will be sold to the highest bidder and shall request all licensed liquor wholesalers and retailers to submit sealed bids.

(b) No confiscated alcoholic beverages shall be sold at less than fifty percent (50%) of the retailers' selling price of such liquor as defined in Acts 1949, No. 282, § 4, as amended [repealed].

(c) In the event that alcoholic beverages are confiscated upon which the Arkansas tax has not been paid, the retailer or wholesaler buying the beverages is required to pay the tax.

(d) All funds derived from the sale of the confiscated alcoholic beverages shall be deposited as follows: (1) Fifty percent (50%) in the general fund of the city or the county, as the case may be; and (2) Fifty percent (50%) thereof as general revenues in the State Treasury to the credit of the State Apportionment Fund. There the funds shall be allocated and distributed to the various funds, fund accounts, and accounts participating in general revenues in the respective proportions to each as provided by law and shall be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq.

(1) Fifty percent (50%) in the general fund of the city or the county, as the case may be; and

(2) Fifty percent (50%) thereof as general revenues in the State Treasury to the credit of the State Apportionment Fund. There the funds shall be allocated and distributed to the various funds, fund accounts, and accounts participating in general revenues in the respective proportions to each as provided by law and shall be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq.

(e) The county or city officials are required to file a report at the end of each month with the Alcoholic Beverage Control Division showing the number of arrests, the amount of alcoholic beverages confiscated, and the amount of money collected from the sale of such beverages.

Acts 1947, No. 423, § 10, as added by Acts 1953, No. 118, § 36(D), as added by Acts 1971, No. 585, § 12; A.S.A. 1947, § 48-929.
Ark. Code Ann. § 3-5-227 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-227
Registration of beer kegs for off-premises consumption
Status: in_force

(a) As used in this section: (1) "Beer" means any fermented liquor made from malt or any substitute therefor and having an alcoholic content not in excess of five percent (5%) by weight; (2) "Keg" means a vessel which has a liquid capacity of more than five gallons (5 gals.); (3) "Malt beverage" means any liquor brewed from the fermented juices of grain and having an alcoholic content of no less than five percent (5%) nor more than twenty-one percent (21%) by weight; and (4) "Off-premises" means a place other than the licensed retailer's place of business. (b) All retail dealers that sell a keg of beer or malt beverage for off-premises consumption are required to attach an identification label or tag approved by the Alcoholic Beverage Control Division to the keg prior to the sale. (c) (1) The identification label or tag approved by the Alcoholic Beverage Control Division shall consist of paper within a clear protective coating made of plastic, metal, or another durable material that is not easily damaged or destroyed. (2) The paper shall be of a kind to allow the required information to be copied and retained by the retail dealer. (3) Identification labels used may contain a nonpermanent adhesive material in order to apply the label directly to an outside surface of a keg at the time of sale. (4) Identification tags shall be attached to the kegs at the time of sale with nylon ties or cording, wire ties or other metal attachment devices, or another durable means of tying or attaching the tag to the keg. (5) The identification label or tag shall be designed so that when affixed to a keg, the label or tag will not mar or otherwise physically damage the keg. (6) The identification label or tag shall include: (A) The name and address of the retail dealer; (B) The name of the purchaser; and (C) An individual identification number assigned by the retail dealer that uniquely identifies the keg. (7) Each identification label or tag shall be perforated and of a composition that consistently allows for the full removal of the tag when common external keg cleaning procedures are performed at retail. (d) (1) Before the retail sale of a keg of beer or malt beverage for off-premises consumption, the retail dealer shall require the purchaser to sign a statement promulgated by the Director of the Alcoholic Beverage Control Division attesting under the penalty of perjury: (A) To the accuracy of the purchaser's name as shown on the identification label or tag; (B) That the purchaser is aware that giving, procuring, or otherwise furnishing an alcoholic beverage to a person under twenty-one (21) years of age is a criminal offense as provided in §§ 3-3-201 and 3-3-202 ; and (C) That the purchaser will not allow any person under twenty-one (21) years of age to consume any of the beer or malt beverage in the keg. (2) The retail dealer shall also record the following: (A) The name and address of the purchaser; (B) The identification card or driver's license number from the purchaser's acceptable documentation of age; (C) The amount of the container deposit of not less than seventy-five dollars ($75.00); (D) The date and time of the purchase; and (E) The keg identification number required under subsection (c) of this section. (e) (1) All records and statements required under this section shall be maintained by the retail dealer for a period of ninety (90) days from the date of the return of the keg. (2) The records and statements shall remain open to inspection by authorized agents of the Alcoholic Beverage Control Enforcement Division and law enforcement officers during the retail dealer's normal business hours. (f) (1) The retail dealer shall notify the Director of the Alcoholic Beverage Control Enforcement Division on forms promulgated by the Alcoholic Beverage Control Division within ten (10) days of the forfeiture of a container deposit by a purchaser. (2) The notification form shall consist of: (A) The name and address of the retail dealer; (B) The name and address of the purchaser; (C) The retail dealer's beer permit or license number; (D) A fee of twenty-five dollars ($25.00) remitted to the Alcoholic Beverage Control Division; and (E) A statement indicating the reason for forfeiture of the container deposit by the purchaser, including, but not limited to, the following reasons: (i) The keg was not returned; (ii) The keg was returned more than one hundred twenty (120) days after purchase; (iii) The identification label or tag was removed; or (iv) The identification label or tag was damaged. (3) Any retail dealer that fails to notify the Director of the Alcoholic Beverage Control Enforcement Division within ten (10) days of the forfeiture of a container deposit by a purchaser is guilty of: (A) A violation of this subchapter; and (B) A Class B violation, as provided in § 3-4-402 , against the retailer's permit. (g) (1) No person other than the retail dealer, a licensed wholesaler, or an agent of the Alcoholic Beverage Control Enforcement Division may knowingly remove an identification label or tag placed on a keg. (2) Any person other than the retail dealer, licensed wholesaler, or an agent of the Alcoholic Beverage Control Enforcement Division that is knowingly in possession of a keg without an identification label or tag or knowingly removes or damages an identification label or tag is guilty of a violation of this subchapter. (h) (1) The Director of the Alcoholic Beverage Control Division may promulgate rules and prescribe forms for the proper enforcement of this section, including an approved identification label or tag for use under this section. (2) The Alcoholic Beverage Control Division shall seek the input of licensed brewers and licensed beer importers in developing the label or tag. Acts 2005, No. 2320, § 1; 2007, No. 254, § 1; 2007, No. 827, § 10; 2009, No. 548, § 3.

(a) As used in this section: (1) "Beer" means any fermented liquor made from malt or any substitute therefor and having an alcoholic content not in excess of five percent (5%) by weight; (2) "Keg" means a vessel which has a liquid capacity of more than five gallons (5 gals.); (3) "Malt beverage" means any liquor brewed from the fermented juices of grain and having an alcoholic content of no less than five percent (5%) nor more than twenty-one percent (21%) by weight; and (4) "Off-premises" means a place other than the licensed retailer's place of business.

(1) "Beer" means any fermented liquor made from malt or any substitute therefor and having an alcoholic content not in excess of five percent (5%) by weight;

(2) "Keg" means a vessel which has a liquid capacity of more than five gallons (5 gals.);

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

(4) "Off-premises" means a place other than the licensed retailer's place of business.

(b) All retail dealers that sell a keg of beer or malt beverage for off-premises consumption are required to attach an identification label or tag approved by the Alcoholic Beverage Control Division to the keg prior to the sale.

(c) (1) The identification label or tag approved by the Alcoholic Beverage Control Division shall consist of paper within a clear protective coating made of plastic, metal, or another durable material that is not easily damaged or destroyed. (2) The paper shall be of a kind to allow the required information to be copied and retained by the retail dealer. (3) Identification labels used may contain a nonpermanent adhesive material in order to apply the label directly to an outside surface of a keg at the time of sale. (4) Identification tags shall be attached to the kegs at the time of sale with nylon ties or cording, wire ties or other metal attachment devices, or another durable means of tying or attaching the tag to the keg. (5) The identification label or tag shall be designed so that when affixed to a keg, the label or tag will not mar or otherwise physically damage the keg. (6) The identification label or tag shall include: (A) The name and address of the retail dealer; (B) The name of the purchaser; and (C) An individual identification number assigned by the retail dealer that uniquely identifies the keg. (7) Each identification label or tag shall be perforated and of a composition that consistently allows for the full removal of the tag when common external keg cleaning procedures are performed at retail.

(1) The identification label or tag approved by the Alcoholic Beverage Control Division shall consist of paper within a clear protective coating made of plastic, metal, or another durable material that is not easily damaged or destroyed.

(2) The paper shall be of a kind to allow the required information to be copied and retained by the retail dealer.

(3) Identification labels used may contain a nonpermanent adhesive material in order to apply the label directly to an outside surface of a keg at the time of sale.

(4) Identification tags shall be attached to the kegs at the time of sale with nylon ties or cording, wire ties or other metal attachment devices, or another durable means of tying or attaching the tag to the keg.

(5) The identification label or tag shall be designed so that when affixed to a keg, the label or tag will not mar or otherwise physically damage the keg.

(6) The identification label or tag shall include: (A) The name and address of the retail dealer; (B) The name of the purchaser; and (C) An individual identification number assigned by the retail dealer that uniquely identifies the keg.

(A) The name and address of the retail dealer;

(B) The name of the purchaser; and

(C) An individual identification number assigned by the retail dealer that uniquely identifies the keg.

(7) Each identification label or tag shall be perforated and of a composition that consistently allows for the full removal of the tag when common external keg cleaning procedures are performed at retail.

(d) (1) Before the retail sale of a keg of beer or malt beverage for off-premises consumption, the retail dealer shall require the purchaser to sign a statement promulgated by the Director of the Alcoholic Beverage Control Division attesting under the penalty of perjury: (A) To the accuracy of the purchaser's name as shown on the identification label or tag; (B) That the purchaser is aware that giving, procuring, or otherwise furnishing an alcoholic beverage to a person under twenty-one (21) years of age is a criminal offense as provided in §§ 3-3-201 and 3-3-202 ; and (C) That the purchaser will not allow any person under twenty-one (21) years of age to consume any of the beer or malt beverage in the keg. (2) The retail dealer shall also record the following: (A) The name and address of the purchaser; (B) The identification card or driver's license number from the purchaser's acceptable documentation of age; (C) The amount of the container deposit of not less than seventy-five dollars ($75.00); (D) The date and time of the purchase; and (E) The keg identification number required under subsection (c) of this section.

(1) Before the retail sale of a keg of beer or malt beverage for off-premises consumption, the retail dealer shall require the purchaser to sign a statement promulgated by the Director of the Alcoholic Beverage Control Division attesting under the penalty of perjury: (A) To the accuracy of the purchaser's name as shown on the identification label or tag; (B) That the purchaser is aware that giving, procuring, or otherwise furnishing an alcoholic beverage to a person under twenty-one (21) years of age is a criminal offense as provided in §§ 3-3-201 and 3-3-202 ; and (C) That the purchaser will not allow any person under twenty-one (21) years of age to consume any of the beer or malt beverage in the keg.

(A) To the accuracy of the purchaser's name as shown on the identification label or tag;

(B) That the purchaser is aware that giving, procuring, or otherwise furnishing an alcoholic beverage to a person under twenty-one (21) years of age is a criminal offense as provided in §§ 3-3-201 and 3-3-202 ; and

(C) That the purchaser will not allow any person under twenty-one (21) years of age to consume any of the beer or malt beverage in the keg.

(2) The retail dealer shall also record the following: (A) The name and address of the purchaser; (B) The identification card or driver's license number from the purchaser's acceptable documentation of age; (C) The amount of the container deposit of not less than seventy-five dollars ($75.00); (D) The date and time of the purchase; and (E) The keg identification number required under subsection (c) of this section.

(A) The name and address of the purchaser;

(B) The identification card or driver's license number from the purchaser's acceptable documentation of age;

(C) The amount of the container deposit of not less than seventy-five dollars ($75.00);

(D) The date and time of the purchase; and

(E) The keg identification number required under subsection (c) of this section.

(e) (1) All records and statements required under this section shall be maintained by the retail dealer for a period of ninety (90) days from the date of the return of the keg. (2) The records and statements shall remain open to inspection by authorized agents of the Alcoholic Beverage Control Enforcement Division and law enforcement officers during the retail dealer's normal business hours.

(1) All records and statements required under this section shall be maintained by the retail dealer for a period of ninety (90) days from the date of the return of the keg.

(2) The records and statements shall remain open to inspection by authorized agents of the Alcoholic Beverage Control Enforcement Division and law enforcement officers during the retail dealer's normal business hours.

(f) (1) The retail dealer shall notify the Director of the Alcoholic Beverage Control Enforcement Division on forms promulgated by the Alcoholic Beverage Control Division within ten (10) days of the forfeiture of a container deposit by a purchaser. (2) The notification form shall consist of: (A) The name and address of the retail dealer; (B) The name and address of the purchaser; (C) The retail dealer's beer permit or license number; (D) A fee of twenty-five dollars ($25.00) remitted to the Alcoholic Beverage Control Division; and (E) A statement indicating the reason for forfeiture of the container deposit by the purchaser, including, but not limited to, the following reasons: (i) The keg was not returned; (ii) The keg was returned more than one hundred twenty (120) days after purchase; (iii) The identification label or tag was removed; or (iv) The identification label or tag was damaged. (3) Any retail dealer that fails to notify the Director of the Alcoholic Beverage Control Enforcement Division within ten (10) days of the forfeiture of a container deposit by a purchaser is guilty of: (A) A violation of this subchapter; and (B) A Class B violation, as provided in § 3-4-402 , against the retailer's permit.

(1) The retail dealer shall notify the Director of the Alcoholic Beverage Control Enforcement Division on forms promulgated by the Alcoholic Beverage Control Division within ten (10) days of the forfeiture of a container deposit by a purchaser.

(2) The notification form shall consist of: (A) The name and address of the retail dealer; (B) The name and address of the purchaser; (C) The retail dealer's beer permit or license number; (D) A fee of twenty-five dollars ($25.00) remitted to the Alcoholic Beverage Control Division; and (E) A statement indicating the reason for forfeiture of the container deposit by the purchaser, including, but not limited to, the following reasons: (i) The keg was not returned; (ii) The keg was returned more than one hundred twenty (120) days after purchase; (iii) The identification label or tag was removed; or (iv) The identification label or tag was damaged.

(A) The name and address of the retail dealer;

(B) The name and address of the purchaser;

(C) The retail dealer's beer permit or license number;

(D) A fee of twenty-five dollars ($25.00) remitted to the Alcoholic Beverage Control Division; and

(E) A statement indicating the reason for forfeiture of the container deposit by the purchaser, including, but not limited to, the following reasons: (i) The keg was not returned; (ii) The keg was returned more than one hundred twenty (120) days after purchase; (iii) The identification label or tag was removed; or (iv) The identification label or tag was damaged.

(i) The keg was not returned;

(ii) The keg was returned more than one hundred twenty (120) days after purchase;

(iii) The identification label or tag was removed; or

(iv) The identification label or tag was damaged.

(3) Any retail dealer that fails to notify the Director of the Alcoholic Beverage Control Enforcement Division within ten (10) days of the forfeiture of a container deposit by a purchaser is guilty of: (A) A violation of this subchapter; and (B) A Class B violation, as provided in § 3-4-402 , against the retailer's permit.

(A) A violation of this subchapter; and

(B) A Class B violation, as provided in § 3-4-402 , against the retailer's permit.

(g) (1) No person other than the retail dealer, a licensed wholesaler, or an agent of the Alcoholic Beverage Control Enforcement Division may knowingly remove an identification label or tag placed on a keg. (2) Any person other than the retail dealer, licensed wholesaler, or an agent of the Alcoholic Beverage Control Enforcement Division that is knowingly in possession of a keg without an identification label or tag or knowingly removes or damages an identification label or tag is guilty of a violation of this subchapter.

(1) No person other than the retail dealer, a licensed wholesaler, or an agent of the Alcoholic Beverage Control Enforcement Division may knowingly remove an identification label or tag placed on a keg.

(2) Any person other than the retail dealer, licensed wholesaler, or an agent of the Alcoholic Beverage Control Enforcement Division that is knowingly in possession of a keg without an identification label or tag or knowingly removes or damages an identification label or tag is guilty of a violation of this subchapter.

(h) (1) The Director of the Alcoholic Beverage Control Division may promulgate rules and prescribe forms for the proper enforcement of this section, including an approved identification label or tag for use under this section. (2) The Alcoholic Beverage Control Division shall seek the input of licensed brewers and licensed beer importers in developing the label or tag.

(1) The Director of the Alcoholic Beverage Control Division may promulgate rules and prescribe forms for the proper enforcement of this section, including an approved identification label or tag for use under this section.

(2) The Alcoholic Beverage Control Division shall seek the input of licensed brewers and licensed beer importers in developing the label or tag.

Acts 2005, No. 2320, § 1; 2007, No. 254, § 1; 2007, No. 827, § 10; 2009, No. 548, § 3.
Ark. Code Ann. § 3-2-402 — AR Code / Title 3 / Chapter 2 / Subchapter 4 / Section 3-2-402
Scope of subchapter
Status: in_force

This subchapter does not repeal or supersede any of the provisions of § 3-5-1101 et seq. and to the extent of any conflict, the provisions of § 3-5-1101 et seq. shall prevail. Acts 1991, No. 260, § 11.

This subchapter does not repeal or supersede any of the provisions of § 3-5-1101 et seq. and to the extent of any conflict, the provisions of § 3-5-1101 et seq. shall prevail.

Acts 1991, No. 260, § 11.
Ark. Code Ann. § 3-5-1906 — AR Code / Title 3 / Chapter 5 / Subchapter 19 / Section 3-5-1906
Fees and taxes
Status: in_force

A microbrewery-restaurant private club permittee shall: (1) Pay the applicable city or county permit fees and barrelage or taxes and shall pay a state permitting fee to the Alcoholic Beverage Control Division of seven hundred fifty dollars ($750) per fiscal year to manufacture and sell to members its beer, malt beverages, and hard cider for on-premises consumption and to sell to members other beer, malt beverages, hard cider, and spirituous liquor purchased from a permitted retailer for on-premises consumption; (2) Measure beer, malt beverages, and hard cider manufactured by the microbrewery-restaurant private club, otherwise comply with applicable excise and enforcement tax determinations 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, except 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 produced and sold or offered for sale in the state. Amended by Act 2023, No. 334,§ 5, eff. 8/1/2023. Added by Act 2019, No. 681,§ 1, eff. 7/24/2019.

A microbrewery-restaurant private club permittee shall:

(1) Pay the applicable city or county permit fees and barrelage or taxes and shall pay a state permitting fee to the Alcoholic Beverage Control Division of seven hundred fifty dollars ($750) per fiscal year to manufacture and sell to members its beer, malt beverages, and hard cider for on-premises consumption and to sell to members other beer, malt beverages, hard cider, and spirituous liquor purchased from a permitted retailer for on-premises consumption;

(2) Measure beer, malt beverages, and hard cider manufactured by the microbrewery-restaurant private club, otherwise comply with applicable excise and enforcement tax determinations 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, except 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 produced and sold or offered for sale in the state.

Amended by Act 2023, No. 334,§ 5, eff. 8/1/2023.

Added by Act 2019, No. 681,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 3-4-605 — AR Code / Title 3 / Chapter 4 / Subchapter 6 / Section 3-4-605
Wholesalers
Status: in_force

(a) A person other than a distiller, manufacturer, rectifier, or importer may apply to the Director of the Alcoholic Beverage Control Division for a permit to sell spirituous liquor, wine as defined in § 3-9-301(7) , beer, hard cider, or malt liquors at wholesale. (b) The application shall be in writing and shall set forth in detail such information concerning the applicant for the permit and the premises to be used by the applicant as the director may require. (c) The application shall be accompanied by a certified check, cash, or postal money order for the amount required by this act for the permit. (d) If the director grants the application, he or she shall issue a permit in a form as determined by the rules of the Alcoholic Beverage Control Division. (e) The permit shall contain a description of the premises permitted and in form and substance shall be a permit to the person specifically designated in the permit to sell spirituous liquor, wine as defined in § 3-9-301(7) , beer, hard cider, or malt liquors for beverage purposes. (f) A person holding a distiller's or rectifier's permit need not obtain a wholesaler's permit in order to sell at wholesale spirituous liquor or wine as defined in § 3-9-301(7) . (g) (1) (A) A person other than a person holding a distiller's, manufacturer's, or rectifier's permit shall not sell spirituous liquor, wine as defined in § 3-9-301(7) , hard cider, or malt liquors at wholesale. (B) A person other than a person holding a wholesaler's permit shall not sell spirituous liquor, wine as defined in § 3-9-301(7) , or malt liquors at wholesale. (2) A wholesaler holding a permit shall not sell or buy from another unless he or she holds a permit, but a wholesaler may export from or import into this state liquors under rules promulgated by the division. (h) A wholesaler shall not sell or contract to sell spirituous liquor, wine as defined in § 3-9-301(7) , beer, hard cider, or malt liquors to a dispensary, hotel, restaurant, or club if the dispensary, hotel, restaurant, or club is not authorized under this act to receive, possess, transport, distribute, or sell spirituous liquor, wine as defined in § 3-9-301(7) , beer, hard cider, or malt liquors. (i) Further, a licensed wholesaler in Arkansas of spirituous liquor, beer, hard cider, or wine as defined in § 3-9-301(7) may only purchase spirituous liquor, beer, hard cider, or wine as defined in § 3-9-301(7) from a distiller, importer, rectifier, hard cider manufacturer, or a domestic wine producer. However, this restriction does not apply to the purchase of native wines. (j) (1) For the privilege of storing, transporting, and selling spirituous liquor, wine as defined in § 3-9-301(7) , beer, hard cider, or malt liquors at wholesale, there is assessed and there shall be paid an annual permit fee of and by every person engaged therein. The permit fee shall be in the sum of seven hundred dollars ($700) for each separate and distinct establishment. (2) However, this section does not apply to residents of Arkansas who store, transport, and sell wine or hard cider at wholesale manufactured by them in this state. Amended by Act 2019, No. 691,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 691,§ 8, eff. 7/24/2019. Acts 1935, No. 108, Art. 3, § 5; 1935, No. 108, Art. 4, § 3; Pope's Dig., §§ 14109, 14129; Acts 1973, No. 299, § 1; 1983, No. 675, § 3; A.S.A. 1947, §§ 48-305, 48-323; Acts 2009, No. 294, § 6.

(a) A person other than a distiller, manufacturer, rectifier, or importer may apply to the Director of the Alcoholic Beverage Control Division for a permit to sell spirituous liquor, wine as defined in § 3-9-301(7) , beer, hard cider, or malt liquors at wholesale.

(b) The application shall be in writing and shall set forth in detail such information concerning the applicant for the permit and the premises to be used by the applicant as the director may require.

(c) The application shall be accompanied by a certified check, cash, or postal money order for the amount required by this act for the permit.

(d) If the director grants the application, he or she shall issue a permit in a form as determined by the rules of the Alcoholic Beverage Control Division.

(e) The permit shall contain a description of the premises permitted and in form and substance shall be a permit to the person specifically designated in the permit to sell spirituous liquor, wine as defined in § 3-9-301(7) , beer, hard cider, or malt liquors for beverage purposes.

(f) A person holding a distiller's or rectifier's permit need not obtain a wholesaler's permit in order to sell at wholesale spirituous liquor or wine as defined in § 3-9-301(7) .

(g) (1) (A) A person other than a person holding a distiller's, manufacturer's, or rectifier's permit shall not sell spirituous liquor, wine as defined in § 3-9-301(7) , hard cider, or malt liquors at wholesale. (B) A person other than a person holding a wholesaler's permit shall not sell spirituous liquor, wine as defined in § 3-9-301(7) , or malt liquors at wholesale. (2) A wholesaler holding a permit shall not sell or buy from another unless he or she holds a permit, but a wholesaler may export from or import into this state liquors under rules promulgated by the division.

(1) (A) A person other than a person holding a distiller's, manufacturer's, or rectifier's permit shall not sell spirituous liquor, wine as defined in § 3-9-301(7) , hard cider, or malt liquors at wholesale. (B) A person other than a person holding a wholesaler's permit shall not sell spirituous liquor, wine as defined in § 3-9-301(7) , or malt liquors at wholesale.

(A) A person other than a person holding a distiller's, manufacturer's, or rectifier's permit shall not sell spirituous liquor, wine as defined in § 3-9-301(7) , hard cider, or malt liquors at wholesale.

(B) A person other than a person holding a wholesaler's permit shall not sell spirituous liquor, wine as defined in § 3-9-301(7) , or malt liquors at wholesale.

(2) A wholesaler holding a permit shall not sell or buy from another unless he or she holds a permit, but a wholesaler may export from or import into this state liquors under rules promulgated by the division.

(h) A wholesaler shall not sell or contract to sell spirituous liquor, wine as defined in § 3-9-301(7) , beer, hard cider, or malt liquors to a dispensary, hotel, restaurant, or club if the dispensary, hotel, restaurant, or club is not authorized under this act to receive, possess, transport, distribute, or sell spirituous liquor, wine as defined in § 3-9-301(7) , beer, hard cider, or malt liquors.

(i) Further, a licensed wholesaler in Arkansas of spirituous liquor, beer, hard cider, or wine as defined in § 3-9-301(7) may only purchase spirituous liquor, beer, hard cider, or wine as defined in § 3-9-301(7) from a distiller, importer, rectifier, hard cider manufacturer, or a domestic wine producer. However, this restriction does not apply to the purchase of native wines.

(j) (1) For the privilege of storing, transporting, and selling spirituous liquor, wine as defined in § 3-9-301(7) , beer, hard cider, or malt liquors at wholesale, there is assessed and there shall be paid an annual permit fee of and by every person engaged therein. The permit fee shall be in the sum of seven hundred dollars ($700) for each separate and distinct establishment. (2) However, this section does not apply to residents of Arkansas who store, transport, and sell wine or hard cider at wholesale manufactured by them in this state.

(1) For the privilege of storing, transporting, and selling spirituous liquor, wine as defined in § 3-9-301(7) , beer, hard cider, or malt liquors at wholesale, there is assessed and there shall be paid an annual permit fee of and by every person engaged therein. The permit fee shall be in the sum of seven hundred dollars ($700) for each separate and distinct establishment.

(2) However, this section does not apply to residents of Arkansas who store, transport, and sell wine or hard cider at wholesale manufactured by them in this state.

Amended by Act 2019, No. 691,§ 9, eff. 7/24/2019.

Amended by Act 2019, No. 691,§ 8, eff. 7/24/2019.

Acts 1935, No. 108, Art. 3, § 5; 1935, No. 108, Art. 4, § 3; Pope's Dig., §§ 14109, 14129; Acts 1973, No. 299, § 1; 1983, No. 675, § 3; A.S.A. 1947, §§ 48-305, 48-323; Acts 2009, No. 294, § 6.
Ark. Code Ann. § 3-1-105 — AR Code / Title 3 / Chapter 1 / Section 3-1-105
Posting of warning signs relating to drinking alcoholic beverages during pregnancy - Definition
Status: in_force

(a) A person that has received a permit from the Alcoholic Beverage Control Board to sell or dispense alcoholic beverages shall post in a conspicuous place at the permitted premises a printed sign warning of the dangers of drinking alcoholic beverages during pregnancy that meets the requirements under § 3-9-102 . (b) As used in this section, "alcoholic beverages" means all beverages containing more than five-tenths of one percent (0.5%) of alcohol by weight. Amended by Act 2019, No. 860,§ 1, eff. 7/24/2019.

(a) A person that has received a permit from the Alcoholic Beverage Control Board to sell or dispense alcoholic beverages shall post in a conspicuous place at the permitted premises a printed sign warning of the dangers of drinking alcoholic beverages during pregnancy that meets the requirements under § 3-9-102 .

(b) As used in this section, "alcoholic beverages" means all beverages containing more than five-tenths of one percent (0.5%) of alcohol by weight.

Amended by Act 2019, No. 860,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 3-5-1803 — AR Code / Title 3 / Chapter 5 / Subchapter 18 / Section 3-5-1803
Slotting allowances prohibited
Status: in_force

(a) Slotting allowances, as defined by 27 C.F.R. § 6.152(b) , are prohibited. (b) A grocery store shall not require payment of a slotting allowance for products sold under this subchapter by a small farm winery, including without limitation: (1) Juice; (2) Low alcohol wine; and (3) Vinegar. Added by Act 2017, No. 508,§ 6, eff. 10/1/2017.

(a) Slotting allowances, as defined by 27 C.F.R. § 6.152(b) , are prohibited.

(b) A grocery store shall not require payment of a slotting allowance for products sold under this subchapter by a small farm winery, including without limitation: (1) Juice; (2) Low alcohol wine; and (3) Vinegar.

(1) Juice;

(2) Low alcohol wine; and

(3) Vinegar.

Added by Act 2017, No. 508,§ 6, eff. 10/1/2017.
Ark. Code Ann. § 3-4-702 — AR Code / Title 3 / Chapter 4 / Subchapter 7 / Section 3-4-702
Hours of lawful sales - Purchase from wholesale distributors
Status: in_force

(a) The hours of lawful sales under the post exchange package permit shall be the same as those established for military service clubs pursuant to § 3-4-706 . (b) All alcoholic beverages authorized to be sold under this title shall be purchased from wholesale distributors licensed by the Alcoholic Beverage Control Division. Acts 1989, No. 617, § 4; 2005, No. 1020, § 1.

(a) The hours of lawful sales under the post exchange package permit shall be the same as those established for military service clubs pursuant to § 3-4-706 .

(b) All alcoholic beverages authorized to be sold under this title shall be purchased from wholesale distributors licensed by the Alcoholic Beverage Control Division.

Acts 1989, No. 617, § 4; 2005, No. 1020, § 1.
Ark. Code Ann. § 3-3-212 — AR Code / Title 3 / Chapter 3 / Subchapter 2 / Section 3-3-212
Manufacturer-seller relationships generally
Status: in_force

(a) It shall be unlawful for a manufacturer to: (1) Be interested, directly or indirectly, in any premises where malt, vinous, or spirituous liquors are sold at retail or in any business devoted wholly or partially to the sale of such liquors at retail, by stock ownership, interlocking directors, mortgage or lien on any personal or real property, or any other means; or (2) Make any loan to any owner. (b) (1) Any lien, mortgage, or other interest or estate, however, now held by a manufacturer on or in the personal or real property of any owner, which mortgage, lien, interest, or estate was acquired on or before December 31, 1933, shall not be included within the provisions of this section. (2) The burden of establishing the time of the accrual of the interest, comprehended by subdivision (b)(1) of this section, shall be upon the person who claims to be entitled to the protection and exemption afforded by this section. (c) Subsections (a) and (b) of this section shall not apply to an agreement or arrangement by: (1) A manufacturer or wholesaler to pay for the display or other presentation of advertising and promotional material on or about the premises of the holder of a franchise granted by the Arkansas Racing Commission; or (2) A manufacturer providing sponsorship of or payment for the display or other presentation of advertising and promotional material on or about the premises of a large attendance facility, as defined by § 3-9-202(16)(B) , owned by a qualifying charitable nonprofit organization that has received tax-exempt status under 26 U.S.C. § 501(c)(3) , as in effect on January 1, 2019. Amended by Act 2019, No. 744,§ 1, eff. 7/24/2019. Acts 1935, No. 108, Art. 3, § 18; Pope's Dig., § 14122; A.S.A. 1947, § 48-908; Acts 2001, No. 1838, § 1.

(a) It shall be unlawful for a manufacturer to: (1) Be interested, directly or indirectly, in any premises where malt, vinous, or spirituous liquors are sold at retail or in any business devoted wholly or partially to the sale of such liquors at retail, by stock ownership, interlocking directors, mortgage or lien on any personal or real property, or any other means; or (2) Make any loan to any owner.

(1) Be interested, directly or indirectly, in any premises where malt, vinous, or spirituous liquors are sold at retail or in any business devoted wholly or partially to the sale of such liquors at retail, by stock ownership, interlocking directors, mortgage or lien on any personal or real property, or any other means; or

(2) Make any loan to any owner.

(b) (1) Any lien, mortgage, or other interest or estate, however, now held by a manufacturer on or in the personal or real property of any owner, which mortgage, lien, interest, or estate was acquired on or before December 31, 1933, shall not be included within the provisions of this section. (2) The burden of establishing the time of the accrual of the interest, comprehended by subdivision (b)(1) of this section, shall be upon the person who claims to be entitled to the protection and exemption afforded by this section.

(1) Any lien, mortgage, or other interest or estate, however, now held by a manufacturer on or in the personal or real property of any owner, which mortgage, lien, interest, or estate was acquired on or before December 31, 1933, shall not be included within the provisions of this section.

(2) The burden of establishing the time of the accrual of the interest, comprehended by subdivision (b)(1) of this section, shall be upon the person who claims to be entitled to the protection and exemption afforded by this section.

(c) Subsections (a) and (b) of this section shall not apply to an agreement or arrangement by: (1) A manufacturer or wholesaler to pay for the display or other presentation of advertising and promotional material on or about the premises of the holder of a franchise granted by the Arkansas Racing Commission; or (2) A manufacturer providing sponsorship of or payment for the display or other presentation of advertising and promotional material on or about the premises of a large attendance facility, as defined by § 3-9-202(16)(B) , owned by a qualifying charitable nonprofit organization that has received tax-exempt status under 26 U.S.C. § 501(c)(3) , as in effect on January 1, 2019.

(1) A manufacturer or wholesaler to pay for the display or other presentation of advertising and promotional material on or about the premises of the holder of a franchise granted by the Arkansas Racing Commission; or

(2) A manufacturer providing sponsorship of or payment for the display or other presentation of advertising and promotional material on or about the premises of a large attendance facility, as defined by § 3-9-202(16)(B) , owned by a qualifying charitable nonprofit organization that has received tax-exempt status under 26 U.S.C. § 501(c)(3) , as in effect on January 1, 2019.

Amended by Act 2019, No. 744,§ 1, eff. 7/24/2019.

Acts 1935, No. 108, Art. 3, § 18; Pope's Dig., § 14122; A.S.A. 1947, § 48-908; Acts 2001, No. 1838, § 1.
Ark. Code Ann. § 3-4-104 — AR Code / Title 3 / Chapter 4 / Subchapter 1 / Section 3-4-104
Sale by fiduciaries or insurers
Status: in_force

(a) Any person, including an individual, partnership, association, or corporation, not otherwise a licensed dealer in alcoholic beverages, lawfully coming into possession of any alcoholic beverages as executor, administrator, trustee, or other fiduciary, as surety for or in payment of a debt, or as an insurer or its transferees or assigns for the salvage or liquidation of an insured casualty or damage or loss, may sell the beverages in one (1) lot or parcel to a duly licensed wholesale or retail dealer without qualifying as a dealer. (b) However, immediately after taking possession of the alcoholic beverages, the person shall register with the Alcoholic Beverage Control Division and furnish a detailed list of the alcoholic beverages and post with the division a bond, in an amount the division deems sufficient to protect the state from any taxes due on the alcoholic beverages. (c) The person shall pay to the division a registration fee of ten dollars ($10.00), which fee shall permit the sale of only the alcoholic beverages detailed in the registration request. (d) The fee shall be deposited to the credit of the general revenue of the State of Arkansas. (e) Whenever any beer is to be sold pursuant to this section, which shall have been involved in a fire, wreck, or similar casualty, then each bottle, can, or container of beer shall be labeled or otherwise identified, under the supervision of the Alcoholic Beverage Control Board or its successor, as distress merchandise salvaged from a fire, wreck, or similar casualty. Acts 1959, No. 463, §§ 1, 2; A.S.A. 1947, §§ 48-342, 48-343.

(a) Any person, including an individual, partnership, association, or corporation, not otherwise a licensed dealer in alcoholic beverages, lawfully coming into possession of any alcoholic beverages as executor, administrator, trustee, or other fiduciary, as surety for or in payment of a debt, or as an insurer or its transferees or assigns for the salvage or liquidation of an insured casualty or damage or loss, may sell the beverages in one (1) lot or parcel to a duly licensed wholesale or retail dealer without qualifying as a dealer.

(b) However, immediately after taking possession of the alcoholic beverages, the person shall register with the Alcoholic Beverage Control Division and furnish a detailed list of the alcoholic beverages and post with the division a bond, in an amount the division deems sufficient to protect the state from any taxes due on the alcoholic beverages.

(c) The person shall pay to the division a registration fee of ten dollars ($10.00), which fee shall permit the sale of only the alcoholic beverages detailed in the registration request.

(d) The fee shall be deposited to the credit of the general revenue of the State of Arkansas.

(e) Whenever any beer is to be sold pursuant to this section, which shall have been involved in a fire, wreck, or similar casualty, then each bottle, can, or container of beer shall be labeled or otherwise identified, under the supervision of the Alcoholic Beverage Control Board or its successor, as distress merchandise salvaged from a fire, wreck, or similar casualty.

Acts 1959, No. 463, §§ 1, 2; A.S.A. 1947, §§ 48-342, 48-343.
Ark. Code Ann. § 3-1-103 — AR Code / Title 3 / Chapter 1 / Section 3-1-103
Exempted products
Status: in_force

(a) (1) The provisions of this act shall not in any manner be construed to apply to the manufacture, sale, and distribution of wines or vinous liquors manufactured, sold, and distributed by residents of Arkansas. (2) All wines or vinous liquors which shall be manufactured without the confines of this state shall be legally sold, imported, transported, possessed, and consumed only upon payment of the same privilege and excise taxes as provided for all other alcoholic liquors which are included and legalized under the provisions of this act, and traffic in such vinous liquors shall be subject to all rules provided herein. (b) Malt and vinous beverages containing more than three and two-tenths percent (3.2%) of alcohol by weight and not more than five percent (5%) of alcohol by weight shall be taxed and regulated as provided for malt and vinous beverages containing not more than three and two-tenths percent (3.2%) alcohol by weight under the provisions of chapter 5, subchapter 2 of this title. (c) (1) After having been manufactured and prepared for the market, the articles enumerated in this subsection are not subject to this act: (A) Denatured alcohol or denatured rum produced and used as provided by laws and regulations now or hereinafter in force; (B) Medicinal preparations manufactured in accordance with formulae prescribed in the United States Pharmacopoeia - National Formulary, or by the American Institute of Homeopathy that are unfit for the use for beverage purposes; (C) Patented, patent, and proprietary medicines that are unfit for use for beverage purposes; (D) Toilet, medicinal, and antiseptic preparations and solutions that are unfit for use for beverage purposes; (E) Flavoring extracts and syrups that are unfit for use as a beverage or for intoxicating beverage purposes; (F) Vinegar and preserved sweet cider; (G) Alcohol medicated according to such formulae as will render it unfit for beverage purposes and which is to be sold for legitimate external use; (H) Alcohol for mechanical and scientific purposes if unfit for a beverage; (I) Wines; and (J) Confectionery containing less than five percent (5%) by volume of alcohol, if the alcohol is in a nonliquid form as a result of being mixed with other substances. (2) Any person who manufactures, purchases, or possesses any of the articles mentioned in this subsection or preparations fit for beverage purposes which are authorized to be manufactured, which may be used in the manufacture of other preparations compounded in accordance with formulae prescribed in the United States Pharmacopoeia - National Formulary, or by the American Institute of Homeopathy, which preparations when so manufactured are unfit for use for beverage purposes, or in the manufacture of patented, patent, and proprietary or other medicines, or for physicians' prescriptions, which are unfit for use for beverage purposes, may purchase and possess liquors for that purpose. Such person shall keep such records as are required by the Director of the Alcoholic Beverage Control Division. (3) No such manufacturer shall sell, use, or dispose of any liquor otherwise than as an ingredient of the articles authorized to be manufactured therefrom. (4) No more alcohol shall be used in the manufacture of any syrup or extract than the quantity necessary for the extraction or solution of the elements mentioned therein and for the preservation of the article. (5) The provisions of this act shall not apply to pure, ethyl, or denatured alcohol intended for use or used for scientific, chemical, mechanical, industrial, medicinal, or culinary purposes or for use in the manufacture of patented, patent, proprietary, medicinal, pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical, and industrial preparations or products, unfit for beverage purposes. Any person taking advantage of this subsection shall keep any records as are required by the director. (6) Any person who shall knowingly sell any of the articles mentioned in this subsection for beverage purposes or any extract or syrup for intoxicating beverage purposes, or who shall sell any of the same under circumstances for which the seller might reasonably deduce the intention of the purchaser to use them for such purpose, shall be subject to the penalties provided in this act. Amended by Act 2019, No. 315,§ 31, eff. 7/24/2019. Amended by Act 2017, No. 1035,§ 1, eff. 8/1/2017. Acts 1935, No. 108, Art. 1, § 6; 1935, No. 108, Art. 3, § 21; 1935, No. 108, Art. 8, § 2; Pope's Dig., §§ 14099, 14126, 14171; A.S.A. 1947, §§ 48-107, 48-109, 48-110.

(a) (1) The provisions of this act shall not in any manner be construed to apply to the manufacture, sale, and distribution of wines or vinous liquors manufactured, sold, and distributed by residents of Arkansas. (2) All wines or vinous liquors which shall be manufactured without the confines of this state shall be legally sold, imported, transported, possessed, and consumed only upon payment of the same privilege and excise taxes as provided for all other alcoholic liquors which are included and legalized under the provisions of this act, and traffic in such vinous liquors shall be subject to all rules provided herein.

(1) The provisions of this act shall not in any manner be construed to apply to the manufacture, sale, and distribution of wines or vinous liquors manufactured, sold, and distributed by residents of Arkansas.

(2) All wines or vinous liquors which shall be manufactured without the confines of this state shall be legally sold, imported, transported, possessed, and consumed only upon payment of the same privilege and excise taxes as provided for all other alcoholic liquors which are included and legalized under the provisions of this act, and traffic in such vinous liquors shall be subject to all rules provided herein.

(b) Malt and vinous beverages containing more than three and two-tenths percent (3.2%) of alcohol by weight and not more than five percent (5%) of alcohol by weight shall be taxed and regulated as provided for malt and vinous beverages containing not more than three and two-tenths percent (3.2%) alcohol by weight under the provisions of chapter 5, subchapter 2 of this title.

(c) (1) After having been manufactured and prepared for the market, the articles enumerated in this subsection are not subject to this act: (A) Denatured alcohol or denatured rum produced and used as provided by laws and regulations now or hereinafter in force; (B) Medicinal preparations manufactured in accordance with formulae prescribed in the United States Pharmacopoeia - National Formulary, or by the American Institute of Homeopathy that are unfit for the use for beverage purposes; (C) Patented, patent, and proprietary medicines that are unfit for use for beverage purposes; (D) Toilet, medicinal, and antiseptic preparations and solutions that are unfit for use for beverage purposes; (E) Flavoring extracts and syrups that are unfit for use as a beverage or for intoxicating beverage purposes; (F) Vinegar and preserved sweet cider; (G) Alcohol medicated according to such formulae as will render it unfit for beverage purposes and which is to be sold for legitimate external use; (H) Alcohol for mechanical and scientific purposes if unfit for a beverage; (I) Wines; and (J) Confectionery containing less than five percent (5%) by volume of alcohol, if the alcohol is in a nonliquid form as a result of being mixed with other substances. (2) Any person who manufactures, purchases, or possesses any of the articles mentioned in this subsection or preparations fit for beverage purposes which are authorized to be manufactured, which may be used in the manufacture of other preparations compounded in accordance with formulae prescribed in the United States Pharmacopoeia - National Formulary, or by the American Institute of Homeopathy, which preparations when so manufactured are unfit for use for beverage purposes, or in the manufacture of patented, patent, and proprietary or other medicines, or for physicians' prescriptions, which are unfit for use for beverage purposes, may purchase and possess liquors for that purpose. Such person shall keep such records as are required by the Director of the Alcoholic Beverage Control Division. (3) No such manufacturer shall sell, use, or dispose of any liquor otherwise than as an ingredient of the articles authorized to be manufactured therefrom. (4) No more alcohol shall be used in the manufacture of any syrup or extract than the quantity necessary for the extraction or solution of the elements mentioned therein and for the preservation of the article. (5) The provisions of this act shall not apply to pure, ethyl, or denatured alcohol intended for use or used for scientific, chemical, mechanical, industrial, medicinal, or culinary purposes or for use in the manufacture of patented, patent, proprietary, medicinal, pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical, and industrial preparations or products, unfit for beverage purposes. Any person taking advantage of this subsection shall keep any records as are required by the director. (6) Any person who shall knowingly sell any of the articles mentioned in this subsection for beverage purposes or any extract or syrup for intoxicating beverage purposes, or who shall sell any of the same under circumstances for which the seller might reasonably deduce the intention of the purchaser to use them for such purpose, shall be subject to the penalties provided in this act.

(1) After having been manufactured and prepared for the market, the articles enumerated in this subsection are not subject to this act: (A) Denatured alcohol or denatured rum produced and used as provided by laws and regulations now or hereinafter in force; (B) Medicinal preparations manufactured in accordance with formulae prescribed in the United States Pharmacopoeia - National Formulary, or by the American Institute of Homeopathy that are unfit for the use for beverage purposes; (C) Patented, patent, and proprietary medicines that are unfit for use for beverage purposes; (D) Toilet, medicinal, and antiseptic preparations and solutions that are unfit for use for beverage purposes; (E) Flavoring extracts and syrups that are unfit for use as a beverage or for intoxicating beverage purposes; (F) Vinegar and preserved sweet cider; (G) Alcohol medicated according to such formulae as will render it unfit for beverage purposes and which is to be sold for legitimate external use; (H) Alcohol for mechanical and scientific purposes if unfit for a beverage; (I) Wines; and (J) Confectionery containing less than five percent (5%) by volume of alcohol, if the alcohol is in a nonliquid form as a result of being mixed with other substances.

(A) Denatured alcohol or denatured rum produced and used as provided by laws and regulations now or hereinafter in force;

(B) Medicinal preparations manufactured in accordance with formulae prescribed in the United States Pharmacopoeia - National Formulary, or by the American Institute of Homeopathy that are unfit for the use for beverage purposes;

(C) Patented, patent, and proprietary medicines that are unfit for use for beverage purposes;

(D) Toilet, medicinal, and antiseptic preparations and solutions that are unfit for use for beverage purposes;

(E) Flavoring extracts and syrups that are unfit for use as a beverage or for intoxicating beverage purposes;

(F) Vinegar and preserved sweet cider;

(G) Alcohol medicated according to such formulae as will render it unfit for beverage purposes and which is to be sold for legitimate external use;

(H) Alcohol for mechanical and scientific purposes if unfit for a beverage;

(I) Wines; and

(J) Confectionery containing less than five percent (5%) by volume of alcohol, if the alcohol is in a nonliquid form as a result of being mixed with other substances.

(2) Any person who manufactures, purchases, or possesses any of the articles mentioned in this subsection or preparations fit for beverage purposes which are authorized to be manufactured, which may be used in the manufacture of other preparations compounded in accordance with formulae prescribed in the United States Pharmacopoeia - National Formulary, or by the American Institute of Homeopathy, which preparations when so manufactured are unfit for use for beverage purposes, or in the manufacture of patented, patent, and proprietary or other medicines, or for physicians' prescriptions, which are unfit for use for beverage purposes, may purchase and possess liquors for that purpose. Such person shall keep such records as are required by the Director of the Alcoholic Beverage Control Division.

(3) No such manufacturer shall sell, use, or dispose of any liquor otherwise than as an ingredient of the articles authorized to be manufactured therefrom.

(4) No more alcohol shall be used in the manufacture of any syrup or extract than the quantity necessary for the extraction or solution of the elements mentioned therein and for the preservation of the article.

(5) The provisions of this act shall not apply to pure, ethyl, or denatured alcohol intended for use or used for scientific, chemical, mechanical, industrial, medicinal, or culinary purposes or for use in the manufacture of patented, patent, proprietary, medicinal, pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical, and industrial preparations or products, unfit for beverage purposes. Any person taking advantage of this subsection shall keep any records as are required by the director.

(6) Any person who shall knowingly sell any of the articles mentioned in this subsection for beverage purposes or any extract or syrup for intoxicating beverage purposes, or who shall sell any of the same under circumstances for which the seller might reasonably deduce the intention of the purchaser to use them for such purpose, shall be subject to the penalties provided in this act.

Amended by Act 2019, No. 315,§ 31, eff. 7/24/2019.

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

Acts 1935, No. 108, Art. 1, § 6; 1935, No. 108, Art. 3, § 21; 1935, No. 108, Art. 8, § 2; Pope's Dig., §§ 14099, 14126, 14171; A.S.A. 1947, §§ 48-107, 48-109, 48-110.
Ark. Code Ann. § 3-8-808 — AR Code / Title 3 / Chapter 8 / Subchapter 8 / Section 3-8-808
Form of verification - Penalty for false statement
Status: in_force

(a) Each petition containing signatures shall be verified in substantially the following form by the canvasser's affidavit thereon as a part thereof: "State of Arkansas, County of __________________ I, __________________ (print name of canvasser) __________________, being duly sworn, state that each of the foregoing persons signed his or her own name to this sheet of the petition in my presence. To the best of my knowledge and belief, each signature is genuine and each signer is a registered voter of __________________ County, or City or Incorporated Town of __________________. At all times during the circulation of this signature sheet, an exact copy of the popular name, ballot title, and text was attached to the signature sheet. My current residence address is correctly stated below. Signature__________________ Residence __________________ Indicate one: __________________ Paid Canvasser __________________ Volunteer/Unpaid Canvasser Subscribed and sworn to before me this __________________day of __________________, 20__________________ Signature__________________ Clerk, Notary, Judge, or Justice of the Peace Seal__________________ ". (b) (1) If the form under this section is substantially followed in a petition, it is sufficient. (2) The form shall not be held insufficient for clerical and merely technical errors. (c) (1) Petitions shall not be disqualified due to clerical or technical errors made by a clerk, notary, judge, or justice of the peace when verifying the canvasser's signature. (2) Petitions shall not be disqualified for failure of a clerk, notary, judge, or justice of the peace to sign exactly as his or her name appears on his or her seal if the signature of a clerk, notary, judge, or justice of the peace is sufficient to verify his or her name. (d) A canvasser or paid canvasser who knowingly makes a false statement on a petition verification form required by this section shall be deemed guilty of a Class D felony. Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.

(a) Each petition containing signatures shall be verified in substantially the following form by the canvasser's affidavit thereon as a part thereof: "State of Arkansas, County of __________________ I, __________________ (print name of canvasser) __________________, being duly sworn, state that each of the foregoing persons signed his or her own name to this sheet of the petition in my presence. To the best of my knowledge and belief, each signature is genuine and each signer is a registered voter of __________________ County, or City or Incorporated Town of __________________. At all times during the circulation of this signature sheet, an exact copy of the popular name, ballot title, and text was attached to the signature sheet. My current residence address is correctly stated below. Signature__________________ Residence __________________ Indicate one: __________________ Paid Canvasser __________________ Volunteer/Unpaid Canvasser Subscribed and sworn to before me this __________________day of __________________, 20__________________ Signature__________________ Clerk, Notary, Judge, or Justice of the Peace Seal__________________ ".

"State of Arkansas, County of __________________

I, __________________ (print name of canvasser) __________________, being duly sworn, state that each of the foregoing persons signed his or her own name to this sheet of the petition in my presence. To the best of my knowledge and belief, each signature is genuine and each signer is a registered voter of __________________ County, or City or Incorporated Town of __________________. At all times during the circulation of this signature sheet, an exact copy of the popular name, ballot title, and text was attached to the signature sheet. My current residence address is correctly stated below.

Signature__________________

Residence __________________

Indicate one: __________________ Paid Canvasser __________________ Volunteer/Unpaid Canvasser

Subscribed and sworn to before me this __________________day of __________________, 20__________________

Signature__________________

Clerk, Notary, Judge, or Justice of the Peace

Seal__________________ ".

(b) (1) If the form under this section is substantially followed in a petition, it is sufficient. (2) The form shall not be held insufficient for clerical and merely technical errors.

(1) If the form under this section is substantially followed in a petition, it is sufficient.

(2) The form shall not be held insufficient for clerical and merely technical errors.

(c) (1) Petitions shall not be disqualified due to clerical or technical errors made by a clerk, notary, judge, or justice of the peace when verifying the canvasser's signature. (2) Petitions shall not be disqualified for failure of a clerk, notary, judge, or justice of the peace to sign exactly as his or her name appears on his or her seal if the signature of a clerk, notary, judge, or justice of the peace is sufficient to verify his or her name.

(1) Petitions shall not be disqualified due to clerical or technical errors made by a clerk, notary, judge, or justice of the peace when verifying the canvasser's signature.

(2) Petitions shall not be disqualified for failure of a clerk, notary, judge, or justice of the peace to sign exactly as his or her name appears on his or her seal if the signature of a clerk, notary, judge, or justice of the peace is sufficient to verify his or her name.

(d) A canvasser or paid canvasser who knowingly makes a false statement on a petition verification form required by this section shall be deemed guilty of a Class D felony.

Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.
Ark. Code Ann. § 3-5-211 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-211
Local permit required
Status: in_force

It shall be unlawful for any person to sell, distribute, or manufacture the liquors prescribed in this subchapter without first having made application to and obtained a permit from the county or city where the business is to be conducted, and the authority is herein delegated to the counties and cities. Acts 1933 (1st Ex. Sess.), No. 7, § 24; Pope's Dig., § 14216; A.S.A. 1947, § 48-515.

It shall be unlawful for any person to sell, distribute, or manufacture the liquors prescribed in this subchapter without first having made application to and obtained a permit from the county or city where the business is to be conducted, and the authority is herein delegated to the counties and cities.

Acts 1933 (1st Ex. Sess.), No. 7, § 24; Pope's Dig., § 14216; A.S.A. 1947, § 48-515.
Ark. Code Ann. § 3-5-1416 — AR Code / Title 3 / Chapter 5 / Subchapter 14 / Section 3-5-1416
Small brewery is a supplier
Status: in_force

(a) A small brewery selling and transporting beer, malt beverages, and hard cider produced on the premises of the small brewery is a supplier. (b) A small brewery is not subject to § 3-5-1101 et seq. unless the small brewery exceeds annual production of beer, malt beverages, and hard cider of fifteen thousand (15,000) barrels. Amended by Act 2015, No. 857,§ 10, eff. 3/31/2015. Acts 2009, No. 1459, § 4.

(a) A small brewery selling and transporting beer, malt beverages, and hard cider produced on the premises of the small brewery is a supplier.

(b) A small brewery is not subject to § 3-5-1101 et seq. unless the small brewery exceeds annual production of beer, malt beverages, and hard cider of fifteen thousand (15,000) barrels.

Amended by Act 2015, No. 857,§ 10, eff. 3/31/2015.

Acts 2009, No. 1459, § 4.
Ark. Code Ann. § 3-5-1103 — AR Code / Title 3 / Chapter 5 / Subchapter 11 / Section 3-5-1103
Applicability of subchapter to future agreements - Transferee continues under agreement
Status: in_force

(a) This subchapter shall apply to agreements entered into or renewed after January 31, 1991. (b) (1) A transferee of a wholesaler that continues in business as a wholesaler shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect on the date of the transfer. (2) However, a transfer of a wholesaler's business which requires the supplier's consent or approval but is disapproved by the supplier shall be null and void. Acts 1991, No. 8, § 9; 1991, No. 866, § 9.

(a) This subchapter shall apply to agreements entered into or renewed after January 31, 1991.

(b) (1) A transferee of a wholesaler that continues in business as a wholesaler shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect on the date of the transfer. (2) However, a transfer of a wholesaler's business which requires the supplier's consent or approval but is disapproved by the supplier shall be null and void.

(1) A transferee of a wholesaler that continues in business as a wholesaler shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect on the date of the transfer.

(2) However, a transfer of a wholesaler's business which requires the supplier's consent or approval but is disapproved by the supplier shall be null and void.

Acts 1991, No. 8, § 9; 1991, No. 866, § 9.
Ark. Code Ann. § 3-5-1308 — AR Code / Title 3 / Chapter 5 / Subchapter 13 / Section 3-5-1308
Nonresident seller to be primary American source of supply - Definition
Status: in_force

(a) No holder of a nonresident seller's permit or wholesaler support center permit may solicit, accept, or fill an order for beer or malt from a holder of any type of wholesaler's permit unless the nonresident seller or wholesaler support center permittee is the primary American source of supply for the brand of beer or malt which is ordered. (b) (1) In this section, "primary American source of supply" shall mean: (A) (i) The producer; (ii) The owner of the commodity at the time it becomes a marketable product; or (iii) The bottler; or (B) The exclusive agent of any of those. (2) To be the "primary American source of supply", the nonresident seller or wholesaler support center permittee must be the first source, that is, the closest source to the manufacturer, in the channel of commerce from whom the product can be secured by persons conducting business in Arkansas. Acts 1995, No. 537, § 8; 1999, No. 96, § 6.

(a) No holder of a nonresident seller's permit or wholesaler support center permit may solicit, accept, or fill an order for beer or malt from a holder of any type of wholesaler's permit unless the nonresident seller or wholesaler support center permittee is the primary American source of supply for the brand of beer or malt which is ordered.

(b) (1) In this section, "primary American source of supply" shall mean: (A) (i) The producer; (ii) The owner of the commodity at the time it becomes a marketable product; or (iii) The bottler; or (B) The exclusive agent of any of those. (2) To be the "primary American source of supply", the nonresident seller or wholesaler support center permittee must be the first source, that is, the closest source to the manufacturer, in the channel of commerce from whom the product can be secured by persons conducting business in Arkansas.

(1) In this section, "primary American source of supply" shall mean: (A) (i) The producer; (ii) The owner of the commodity at the time it becomes a marketable product; or (iii) The bottler; or (B) The exclusive agent of any of those.

(A) (i) The producer; (ii) The owner of the commodity at the time it becomes a marketable product; or (iii) The bottler; or

(i) The producer;

(ii) The owner of the commodity at the time it becomes a marketable product; or

(iii) The bottler; or

(B) The exclusive agent of any of those.

(2) To be the "primary American source of supply", the nonresident seller or wholesaler support center permittee must be the first source, that is, the closest source to the manufacturer, in the channel of commerce from whom the product can be secured by persons conducting business in Arkansas.

Acts 1995, No. 537, § 8; 1999, No. 96, § 6.
Ark. Code Ann. § 3-8-704 — AR Code / Title 3 / Chapter 8 / Subchapter 7 / Section 3-8-704
Contributions and expenditures limited
Status: in_force

(a) No local-option ballot question committee shall accept any contribution in cash, meaning currency or coin, that exceeds one hundred dollars ($100). (b) No local-option ballot question committee shall accept any contribution from a prohibited political action committee as defined in § 7-6-201 . (c) No local-option ballot question committee or individual shall make an expenditure in cash that exceeds fifty dollars ($50.00) to influence the qualification, disqualification, passage, or defeat of a local-option ballot question. (d) No contributions shall be made, directly or indirectly, by any person in a name other than the name by which the person is identified for legal purposes. (e) (1) No person shall make an anonymous contribution totaling fifty dollars ($50.00) or more to a local-option ballot question committee. (2) Any anonymous contribution actually received by a local-option ballot question committee shall be promptly paid by the recipient to the Secretary of State for deposit into the State Treasury as general revenues. Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.

(a) No local-option ballot question committee shall accept any contribution in cash, meaning currency or coin, that exceeds one hundred dollars ($100).

(b) No local-option ballot question committee shall accept any contribution from a prohibited political action committee as defined in § 7-6-201 .

(c) No local-option ballot question committee or individual shall make an expenditure in cash that exceeds fifty dollars ($50.00) to influence the qualification, disqualification, passage, or defeat of a local-option ballot question.

(d) No contributions shall be made, directly or indirectly, by any person in a name other than the name by which the person is identified for legal purposes.

(e) (1) No person shall make an anonymous contribution totaling fifty dollars ($50.00) or more to a local-option ballot question committee. (2) Any anonymous contribution actually received by a local-option ballot question committee shall be promptly paid by the recipient to the Secretary of State for deposit into the State Treasury as general revenues.

(1) No person shall make an anonymous contribution totaling fifty dollars ($50.00) or more to a local-option ballot question committee.

(2) Any anonymous contribution actually received by a local-option ballot question committee shall be promptly paid by the recipient to the Secretary of State for deposit into the State Treasury as general revenues.

Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 3-2-411 — AR Code / Title 3 / Chapter 2 / Subchapter 4 / Section 3-2-411
Subchapter incorporated into division approvals - Applicability - Waiver
Status: in_force

(a) The terms, conditions, and requirements of this subchapter are hereby expressly made a part of the terms of and as conditions to the approval granted by the Alcoholic Beverage Control Division to distillers, manufacturers, importers, or producers to do business in the state and by the application for, the acceptance of, or the conduct of business under any such approval, a distiller, manufacturer, importer, or producer consents and agrees to comply with the terms, conditions, and requirements of this subchapter. (b) This subchapter does not apply to manufacturers or wholesalers of small farm winery wines. For the purpose of this section, "small farm winery" has the same meaning as defined by § 3-5-1601 . (c) No right, duty, or other provision set out in this subchapter may be waived by any agreement or contract between any wholesaler and supplier regardless of whether any such waiver agreement was made prior to or after July 15, 1991. Acts 1991, No. 260, §§ 12, 13; 2007, No. 668, § 2.

(a) The terms, conditions, and requirements of this subchapter are hereby expressly made a part of the terms of and as conditions to the approval granted by the Alcoholic Beverage Control Division to distillers, manufacturers, importers, or producers to do business in the state and by the application for, the acceptance of, or the conduct of business under any such approval, a distiller, manufacturer, importer, or producer consents and agrees to comply with the terms, conditions, and requirements of this subchapter.

(b) This subchapter does not apply to manufacturers or wholesalers of small farm winery wines. For the purpose of this section, "small farm winery" has the same meaning as defined by § 3-5-1601 .

(c) No right, duty, or other provision set out in this subchapter may be waived by any agreement or contract between any wholesaler and supplier regardless of whether any such waiver agreement was made prior to or after July 15, 1991.

Acts 1991, No. 260, §§ 12, 13; 2007, No. 668, § 2.
Ark. Code Ann. § 3-4-106 — AR Code / Title 3 / Chapter 4 / Subchapter 1 / Section 3-4-106
Alcoholic beverage sampling authorized - Definition
Status: in_force

(a) As used in this section, "selling unit" means the configuration of an alcoholic beverage intended for sale to consumers, including without limitation: (1) A bottle of wine holding seven hundred fifty milliliters (750 ml); and (2) A case of beer containing thirty-six (36) cans holding twelve ounces (12 oz) per can. (b) A corporation that is publicly traded on a nationally recognized stock exchange that has its principal place of business in Arkansas and is permitted to sell alcoholic beverages for on-premises or off-premises consumption in Arkansas and other states may conduct sampling activities in accordance with this section. (c) (1) A manufacturer or wholesaler may provide and deliver alcoholic beverages of any type directly to a qualified corporation for the purpose of allowing the corporation to sample the alcoholic beverages to determine whether to offer the alcoholic beverages for sale at one (1) or more of the qualified corporation's business locations either within or outside the state. (2) A manufacturer or wholesaler that provides alcoholic beverages under this section is not required to: (A) Be authorized to do business in this state; or (B) Have any type of license or permit to operate in this state. (3) A manufacturer or wholesaler shall not charge the qualified corporation for the alcoholic beverages provided under this section. (4) Provision of an alcoholic beverage by a manufacturer or wholesaler under this section is not a gift, gratuity, or inducement to the qualified corporation or any of the qualified corporation's affiliates. (5) An alcoholic beverage provided and delivered under this section need not: (A) Be available for sale in Arkansas; or (B) Possess a brand label approved for sale in this state. (6) An alcoholic beverage provided and delivered under this section shall be delivered to an office of the qualified corporation. (7) Except for a facility hosting a charitable event, the location to which an alcoholic beverage is provided and delivered under this section shall not be a part of a facility permitted for the on-premises or off-premises consumption of alcoholic beverages. (d) Except as provided in subsection (e) of this section, an alcoholic beverage provided and delivered under this section shall: (1) Be stored in a locked container when not being used for sampling; and (2) Not be served to, available to, or handled by a person under twenty-one (21) years of age. (e) An employee of a qualified corporation may transport an alcoholic beverage provided under this section to the employee's personal residence or to a facility hosting a charitable event for the purpose of sampling the alcoholic beverage if: (1) Sampling of the alcoholic beverage occurs within the employee's personal residence or within a facility hosting a charitable event; (2) No person under twenty-one (21) years of age is served, has access to, or handles the alcoholic beverage; (3) The alcoholic beverage is not sold; and (4) For alcoholic beverages transported to a private residence, no more than one (1) selling unit of each stock-keeping unit of each alcoholic beverage is present at the same time. (f) An alcoholic beverage provided and delivered under this subsection shall be sampled only by an employee, a contractor, an immediate family member of the employee or a contractor, an agent of the qualified corporation, a guest visiting the facility of the qualified corporation, or a guest at a charitable event. (g) No more than thirty-six (36) selling units of each stock-keeping unit of an alcoholic beverage may be held at the same time by a qualified corporation for sampling purposes or charitable events. (h) A qualified corporation shall: (1) Not sell an alcoholic beverage provided and delivered under this section; and (2) Destroy or safely store any alcoholic beverage remaining at the conclusion of the sampling. (i) An alcoholic beverage provided and delivered by a manufacturer or wholesaler under this section is exempt from taxation. (j) Providing alcoholic beverages to a qualified corporation in accordance with this section is not a violation of any statute or rule, including a rule requiring a manufacturer or wholesaler to provide the same services to all retailers. (k) Owning, possessing, or transporting an alcoholic beverage furnished, or being furnished, to a qualified corporation under this section is not an offense under § 3-3-401 et seq. Added by Act 2017, No. 304,§ 1, eff. 8/1/2017.

(a) As used in this section, "selling unit" means the configuration of an alcoholic beverage intended for sale to consumers, including without limitation: (1) A bottle of wine holding seven hundred fifty milliliters (750 ml); and (2) A case of beer containing thirty-six (36) cans holding twelve ounces (12 oz) per can.

(1) A bottle of wine holding seven hundred fifty milliliters (750 ml); and

(2) A case of beer containing thirty-six (36) cans holding twelve ounces (12 oz) per can.

(b) A corporation that is publicly traded on a nationally recognized stock exchange that has its principal place of business in Arkansas and is permitted to sell alcoholic beverages for on-premises or off-premises consumption in Arkansas and other states may conduct sampling activities in accordance with this section.

(c) (1) A manufacturer or wholesaler may provide and deliver alcoholic beverages of any type directly to a qualified corporation for the purpose of allowing the corporation to sample the alcoholic beverages to determine whether to offer the alcoholic beverages for sale at one (1) or more of the qualified corporation's business locations either within or outside the state. (2) A manufacturer or wholesaler that provides alcoholic beverages under this section is not required to: (A) Be authorized to do business in this state; or (B) Have any type of license or permit to operate in this state. (3) A manufacturer or wholesaler shall not charge the qualified corporation for the alcoholic beverages provided under this section. (4) Provision of an alcoholic beverage by a manufacturer or wholesaler under this section is not a gift, gratuity, or inducement to the qualified corporation or any of the qualified corporation's affiliates. (5) An alcoholic beverage provided and delivered under this section need not: (A) Be available for sale in Arkansas; or (B) Possess a brand label approved for sale in this state. (6) An alcoholic beverage provided and delivered under this section shall be delivered to an office of the qualified corporation. (7) Except for a facility hosting a charitable event, the location to which an alcoholic beverage is provided and delivered under this section shall not be a part of a facility permitted for the on-premises or off-premises consumption of alcoholic beverages.

(1) A manufacturer or wholesaler may provide and deliver alcoholic beverages of any type directly to a qualified corporation for the purpose of allowing the corporation to sample the alcoholic beverages to determine whether to offer the alcoholic beverages for sale at one (1) or more of the qualified corporation's business locations either within or outside the state.

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

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

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

(3) A manufacturer or wholesaler shall not charge the qualified corporation for the alcoholic beverages provided under this section.

(4) Provision of an alcoholic beverage by a manufacturer or wholesaler under this section is not a gift, gratuity, or inducement to the qualified corporation or any of the qualified corporation's affiliates.

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

(A) Be available for sale in Arkansas; or

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

(6) An alcoholic beverage provided and delivered under this section shall be delivered to an office of the qualified corporation.

(7) Except for a facility hosting a charitable event, the location to which an alcoholic beverage is provided and delivered under this section shall not be a part of a facility permitted for the on-premises or off-premises consumption of alcoholic beverages.

(d) Except as provided in subsection (e) of this section, an alcoholic beverage provided and delivered under this section shall: (1) Be stored in a locked container when not being used for sampling; and (2) Not be served to, available to, or handled by a person under twenty-one (21) years of age.

(1) Be stored in a locked container when not being used for sampling; and

(2) Not be served to, available to, or handled by a person under twenty-one (21) years of age.

(e) An employee of a qualified corporation may transport an alcoholic beverage provided under this section to the employee's personal residence or to a facility hosting a charitable event for the purpose of sampling the alcoholic beverage if: (1) Sampling of the alcoholic beverage occurs within the employee's personal residence or within a facility hosting a charitable event; (2) No person under twenty-one (21) years of age is served, has access to, or handles the alcoholic beverage; (3) The alcoholic beverage is not sold; and (4) For alcoholic beverages transported to a private residence, no more than one (1) selling unit of each stock-keeping unit of each alcoholic beverage is present at the same time.

(1) Sampling of the alcoholic beverage occurs within the employee's personal residence or within a facility hosting a charitable event;

(2) No person under twenty-one (21) years of age is served, has access to, or handles the alcoholic beverage;

(3) The alcoholic beverage is not sold; and

(4) For alcoholic beverages transported to a private residence, no more than one (1) selling unit of each stock-keeping unit of each alcoholic beverage is present at the same time.

(f) An alcoholic beverage provided and delivered under this subsection shall be sampled only by an employee, a contractor, an immediate family member of the employee or a contractor, an agent of the qualified corporation, a guest visiting the facility of the qualified corporation, or a guest at a charitable event.

(g) No more than thirty-six (36) selling units of each stock-keeping unit of an alcoholic beverage may be held at the same time by a qualified corporation for sampling purposes or charitable events.

(h) A qualified corporation shall: (1) Not sell an alcoholic beverage provided and delivered under this section; and (2) Destroy or safely store any alcoholic beverage remaining at the conclusion of the sampling.

(1) Not sell an alcoholic beverage provided and delivered under this section; and

(2) Destroy or safely store any alcoholic beverage remaining at the conclusion of the sampling.

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

(j) Providing alcoholic beverages to a qualified corporation in accordance with this section is not a violation of any statute or rule, including a rule requiring a manufacturer or wholesaler to provide the same services to all retailers.

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

Added by Act 2017, No. 304,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 3-4-404 — AR Code / Title 3 / Chapter 4 / Subchapter 4 / Section 3-4-404
Class B permit violations
Status: in_force

The following acts on the part of the permittee are Class B permit violations: (1) Pledge, hypothecation, or use of a permit as collateral; (2) Defacing, destroying, or altering a permit; (3) Transporting controlled beverages in violation of rules or law; (4) Manufacturing, selling, offering, dispensing, or giving away, possessing, or transporting controlled beverages upon which tax is not paid; (5) Failure to maintain proper records by a manufacturer; (6) Failure by a wholesaler to maintain proper records; (7) Failure by a wholesaler to register new brands; (8) Giving samples without authorization; (9) Sales for anything other than cash or check; (10) Delivery without an invoice by a wholesaler; (11) Selling to the insane; (12) Selling to bootleggers; (13) Accepting food stamps in payment for controlled beverages; (14) Unlawful manufacture or sale in a dry area; and (15) Except as provided in § 3-9-242 , sale of controlled beverages by vending machine. Amended by Act 2023, No. 705,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 49, eff. 7/24/2019. Acts 1981, No. 790, § 2; A.S.A. 1947, § 48-346; Acts 1991, No. 605, § 2; 1993, No. 172, § 3; 2009, No. 294, § 5; 2009, No. 605, § 9; 2009, No. 606, § 9.

The following acts on the part of the permittee are Class B permit violations:

(1) Pledge, hypothecation, or use of a permit as collateral;

(2) Defacing, destroying, or altering a permit;

(3) Transporting controlled beverages in violation of rules or law;

(4) Manufacturing, selling, offering, dispensing, or giving away, possessing, or transporting controlled beverages upon which tax is not paid;

(5) Failure to maintain proper records by a manufacturer;

(6) Failure by a wholesaler to maintain proper records;

(7) Failure by a wholesaler to register new brands;

(8) Giving samples without authorization;

(9) Sales for anything other than cash or check;

(10) Delivery without an invoice by a wholesaler;

(11) Selling to the insane;

(12) Selling to bootleggers;

(13) Accepting food stamps in payment for controlled beverages;

(14) Unlawful manufacture or sale in a dry area; and

(15) Except as provided in § 3-9-242 , sale of controlled beverages by vending machine.

Amended by Act 2023, No. 705,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 49, eff. 7/24/2019.

Acts 1981, No. 790, § 2; A.S.A. 1947, § 48-346; Acts 1991, No. 605, § 2; 1993, No. 172, § 3; 2009, No. 294, § 5; 2009, No. 605, § 9; 2009, No. 606, § 9.
Ark. Code Ann. § 3-3-219 — AR Code / Title 3 / Chapter 3 / Subchapter 2 / Section 3-3-219
Social hosts - Criminal liability
Status: in_force

(a) (1) A person who exercises control over private property shall not knowingly allow a person under twenty-one (21) years of age who is not a family member of the person to consume alcohol on the private property. (2) This subsection applies only to a person who is present and in control of the private property at the time the consumption occurs. (3) This subsection does not apply to the owner of rental property or the agent of an owner of rental property unless the consumption occurs in the individual unit in which the owner or agent resides. (4) This subsection does not apply to any consumption of alcohol during religious ceremonies or for religious purposes. (b) (1) A first violation of this section is a Class C misdemeanor. (2) A second violation of this section is a Class A misdemeanor. (3) A third or subsequent violation of this section is a Class D felony. (c) This section shall not prevent a township, city, or county from establishing by ordinance regulations more stringent than the provisions of this section. Acts 2009, No. 976, § 1.

(a) (1) A person who exercises control over private property shall not knowingly allow a person under twenty-one (21) years of age who is not a family member of the person to consume alcohol on the private property. (2) This subsection applies only to a person who is present and in control of the private property at the time the consumption occurs. (3) This subsection does not apply to the owner of rental property or the agent of an owner of rental property unless the consumption occurs in the individual unit in which the owner or agent resides. (4) This subsection does not apply to any consumption of alcohol during religious ceremonies or for religious purposes.

(1) A person who exercises control over private property shall not knowingly allow a person under twenty-one (21) years of age who is not a family member of the person to consume alcohol on the private property.

(2) This subsection applies only to a person who is present and in control of the private property at the time the consumption occurs.

(3) This subsection does not apply to the owner of rental property or the agent of an owner of rental property unless the consumption occurs in the individual unit in which the owner or agent resides.

(4) This subsection does not apply to any consumption of alcohol during religious ceremonies or for religious purposes.

(b) (1) A first violation of this section is a Class C misdemeanor. (2) A second violation of this section is a Class A misdemeanor. (3) A third or subsequent violation of this section is a Class D felony.

(1) A first violation of this section is a Class C misdemeanor.

(2) A second violation of this section is a Class A misdemeanor.

(3) A third or subsequent violation of this section is a Class D felony.

(c) This section shall not prevent a township, city, or county from establishing by ordinance regulations more stringent than the provisions of this section.

Acts 2009, No. 976, § 1.
Ark. Code Ann. § 3-5-214 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-214
Oath by applicant for permit - Prohibited interests
Status: in_force

(a) Before any permit authorized by this subchapter shall be issued and delivered to any applicant therefor, the applicant shall make and subscribe to an oath that: (1) He or she will not allow any intoxicating liquor as defined by this subchapter of any kind or character, including beer, wine, and distilled spirits, having an alcoholic content in excess of five percent (5%) by weight to be kept, stored, or secreted in or upon the premises described in the permit; and (2) The applicant will not otherwise violate any law of this state or knowingly allow any other person to violate any statute while in or upon the premises. (b) No manufacturer, distributor, or wholesale dealer to whom or to which this subchapter applies shall have any direct or indirect interest in the business of any person, firm, or corporation applying for and securing or holding a permit as a retail dealer, or in the furnishings or fixtures used in his or her or its place of business, or any lien thereon. Acts 1933 (1st Ex. Sess.), No. 7, § 13; Pope's Dig., § 14205; A.S.A. 1947, § 48-514.

(a) Before any permit authorized by this subchapter shall be issued and delivered to any applicant therefor, the applicant shall make and subscribe to an oath that: (1) He or she will not allow any intoxicating liquor as defined by this subchapter of any kind or character, including beer, wine, and distilled spirits, having an alcoholic content in excess of five percent (5%) by weight to be kept, stored, or secreted in or upon the premises described in the permit; and (2) The applicant will not otherwise violate any law of this state or knowingly allow any other person to violate any statute while in or upon the premises.

(1) He or she will not allow any intoxicating liquor as defined by this subchapter of any kind or character, including beer, wine, and distilled spirits, having an alcoholic content in excess of five percent (5%) by weight to be kept, stored, or secreted in or upon the premises described in the permit; and

(2) The applicant will not otherwise violate any law of this state or knowingly allow any other person to violate any statute while in or upon the premises.

(b) No manufacturer, distributor, or wholesale dealer to whom or to which this subchapter applies shall have any direct or indirect interest in the business of any person, firm, or corporation applying for and securing or holding a permit as a retail dealer, or in the furnishings or fixtures used in his or her or its place of business, or any lien thereon.

Acts 1933 (1st Ex. Sess.), No. 7, § 13; Pope's Dig., § 14205; A.S.A. 1947, § 48-514.
Ark. Code Ann. § 3-3-216 — AR Code / Title 3 / Chapter 3 / Subchapter 2 / Section 3-3-216
Possession or sale of untaxed intoxicating liquor - Definition
Status: in_force

(a) As used in this section, "intoxicating liquor" means any beverage containing more than five-tenths percent (0.5%) of alcohol by weight. (b) It is unlawful for a person to buy, bargain, sell, loan, own, have in possession, or knowingly transport in this state an intoxicating liquor upon which the Arkansas excise tax prescribed by law has not been paid. (c) (1) Except as provided in subdivision (c)(2) of this section, a violation of this section is a Class B misdemeanor. (2) A violation of this section is a Class A misdemeanor if a person transports intoxicating liquor into this state from another state without the Arkansas excise tax having been paid on the intoxicating liquor and the person was transporting the intoxicating liquor for the purpose of resale in this state. (d) (1) In addition to the applicable criminal penalties under subsection (c) of this section, a person who violates this section is subject to a civil penalty equal to the amount of all excise tax levied on the intoxicating liquor at the rates imposed on alcoholic beverages under § 3-7-101 et seq. (2) The Department of Finance and Administration shall assess and administer the civil penalty set forth in this subsection under the Arkansas Tax Procedure Act, § 26-18-101 et seq., and shall promulgate any rules necessary for the proper administration and enforcement of the civil penalty. Acts 1941, No. 357, § 4; 1943, No. 219, § 1; 1947, No. 206, § 1; 1969, No. 475, § 1; A.S.A. 1947, § 48-934; Acts 1987, No. 965, § 1; 2005, No. 1994, § 369; 2007, No. 666, § 1; 2009, No. 548, § 1.

(a) As used in this section, "intoxicating liquor" means any beverage containing more than five-tenths percent (0.5%) of alcohol by weight.

(b) It is unlawful for a person to buy, bargain, sell, loan, own, have in possession, or knowingly transport in this state an intoxicating liquor upon which the Arkansas excise tax prescribed by law has not been paid.

(c) (1) Except as provided in subdivision (c)(2) of this section, a violation of this section is a Class B misdemeanor. (2) A violation of this section is a Class A misdemeanor if a person transports intoxicating liquor into this state from another state without the Arkansas excise tax having been paid on the intoxicating liquor and the person was transporting the intoxicating liquor for the purpose of resale in this state.

(1) Except as provided in subdivision (c)(2) of this section, a violation of this section is a Class B misdemeanor.

(2) A violation of this section is a Class A misdemeanor if a person transports intoxicating liquor into this state from another state without the Arkansas excise tax having been paid on the intoxicating liquor and the person was transporting the intoxicating liquor for the purpose of resale in this state.

(d) (1) In addition to the applicable criminal penalties under subsection (c) of this section, a person who violates this section is subject to a civil penalty equal to the amount of all excise tax levied on the intoxicating liquor at the rates imposed on alcoholic beverages under § 3-7-101 et seq. (2) The Department of Finance and Administration shall assess and administer the civil penalty set forth in this subsection under the Arkansas Tax Procedure Act, § 26-18-101 et seq., and shall promulgate any rules necessary for the proper administration and enforcement of the civil penalty.

(1) In addition to the applicable criminal penalties under subsection (c) of this section, a person who violates this section is subject to a civil penalty equal to the amount of all excise tax levied on the intoxicating liquor at the rates imposed on alcoholic beverages under § 3-7-101 et seq.

(2) The Department of Finance and Administration shall assess and administer the civil penalty set forth in this subsection under the Arkansas Tax Procedure Act, § 26-18-101 et seq., and shall promulgate any rules necessary for the proper administration and enforcement of the civil penalty.

Acts 1941, No. 357, § 4; 1943, No. 219, § 1; 1947, No. 206, § 1; 1969, No. 475, § 1; A.S.A. 1947, § 48-934; Acts 1987, No. 965, § 1; 2005, No. 1994, § 369; 2007, No. 666, § 1; 2009, No. 548, § 1.
Ark. Code Ann. § 3-9-203 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-203
Applicability - Purpose and effect of referendum election
Status: in_force

(a) The provisions of this subchapter authorizing on-premises consumption shall be effective only in cities and counties, or portions thereof, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held pursuant to Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as herein provided. (b) A favorable vote at a referendum election shall authorize on-premises consumption in licensed premises, as provided in this subchapter, in only those areas of the city or county which are not dry areas. (c) (1) A referendum election held in a city shall be for the purpose of determining whether the sale of alcoholic beverages for on-premises consumption shall be authorized in the portions of the city in which the sale of alcoholic beverages is not otherwise prohibited by law. (2) A referendum election held in a county shall be for the purpose of determining whether the sale of alcoholic beverages for on-premises consumption shall be authorized in all areas of the county, including cities of the first class and second class and incorporated towns therein, in which the sale of alcoholic beverages is not otherwise prohibited by law. (d) (1) A property owner's association with a population of five thousand (5,000) or more or a county, city, or town may authorize by ordinance the sale of alcoholic beverages for on-premises consumption under this subchapter if the property owner's association or the county, city, or town is located in or is a county that authorized the manufacture and sale of intoxicating liquor. (2) The authority of a county quorum court under subdivision (d)(1) of this section applies only to unincorporated areas of the county. Amended by Act 2017, No. 875,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 383,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1008,§ 1, eff. 8/16/2013. Acts 1969, No. 132, § 3; A.S.A. 1947, § 48-1403.

(a) The provisions of this subchapter authorizing on-premises consumption shall be effective only in cities and counties, or portions thereof, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held pursuant to Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as herein provided.

(b) A favorable vote at a referendum election shall authorize on-premises consumption in licensed premises, as provided in this subchapter, in only those areas of the city or county which are not dry areas.

(c) (1) A referendum election held in a city shall be for the purpose of determining whether the sale of alcoholic beverages for on-premises consumption shall be authorized in the portions of the city in which the sale of alcoholic beverages is not otherwise prohibited by law. (2) A referendum election held in a county shall be for the purpose of determining whether the sale of alcoholic beverages for on-premises consumption shall be authorized in all areas of the county, including cities of the first class and second class and incorporated towns therein, in which the sale of alcoholic beverages is not otherwise prohibited by law.

(1) A referendum election held in a city shall be for the purpose of determining whether the sale of alcoholic beverages for on-premises consumption shall be authorized in the portions of the city in which the sale of alcoholic beverages is not otherwise prohibited by law.

(2) A referendum election held in a county shall be for the purpose of determining whether the sale of alcoholic beverages for on-premises consumption shall be authorized in all areas of the county, including cities of the first class and second class and incorporated towns therein, in which the sale of alcoholic beverages is not otherwise prohibited by law.

(d) (1) A property owner's association with a population of five thousand (5,000) or more or a county, city, or town may authorize by ordinance the sale of alcoholic beverages for on-premises consumption under this subchapter if the property owner's association or the county, city, or town is located in or is a county that authorized the manufacture and sale of intoxicating liquor. (2) The authority of a county quorum court under subdivision (d)(1) of this section applies only to unincorporated areas of the county.

(1) A property owner's association with a population of five thousand (5,000) or more or a county, city, or town may authorize by ordinance the sale of alcoholic beverages for on-premises consumption under this subchapter if the property owner's association or the county, city, or town is located in or is a county that authorized the manufacture and sale of intoxicating liquor.

(2) The authority of a county quorum court under subdivision (d)(1) of this section applies only to unincorporated areas of the county.

Amended by Act 2017, No. 875,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 383,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1008,§ 1, eff. 8/16/2013.

Acts 1969, No. 132, § 3; A.S.A. 1947, § 48-1403.
Ark. Code Ann. § 3-8-309 — AR Code / Title 3 / Chapter 8 / Subchapter 3 / Section 3-8-309
Contests of elections
Status: in_force

(a) Any election held under this act may be contested as provided for in this section. (b) (1) Any number of the citizens and legal voters, but not less than ten (10), of the county, city, town, district, or precinct in which the elections have been held, shall have the right to contest any election held under this act and shall be designated the contestants. (2) The contestants shall file, within ten (10) days after the final action of the examining board, in the office of the clerk of the county court a written statement of the grounds of the contest. They shall cause a copy of the statement to be served on the county judge and shall give notice thereof by written or printed notice to be posted at the courthouse door of the county, and in three (3) or more public places in the county, city, town, district, or precinct in which the election has been held. They shall cause the notice to be published in some newspaper of the county, when possible, for two (2) consecutive issues, commencing not later than the first issue of the paper after filing the statement. (3) When a notice of the contest shall be executed on the county judge, the certificate shall not be recorded. (c) Any number of the citizens and legal voters, not less than ten (10), of the county, city, town, district, or precinct in which the election has been held, may resist the contest by filing in the office of the clerk of the county court a statement controverting the grounds of the contestants and may state any additional grounds to sustain the election, and they shall be designated as the contestees. (d) The contest shall be heard and determined by the same board which, by law, is authorized and empowered to hear and determine a contest of an election for county officers. The same provisions of the statutes shall apply to the contest of any election held under this act as are provided for the contest of any election for county officers, except as provided in this section. (e) Notice for the taking of depositions or other proceedings in the contest may be executed on the person whose name appears first as contestant or contestee, which shall be deemed notice to all his or her associates. (f) In case the required number shall fail to appear as contestees, ex parte testimony shall be competent before the contesting board. (g) The trial of the case shall be on the fourth Monday after the filing in the county clerk's office of the grounds of the contest; however, the board, for good cause, may allow further time. (h) The decision of the board shall be given in writing and signed in triplicate. One (1) copy shall be delivered to the contestants and one (1) copy to the contestees, and the other shall be delivered to the county clerk of the county in which the contest is pending, which shall be entered on the record of the county court. (i) If the decision of the board is that a majority of the legal votes cast at the election were against the sale of such liquors, the entry of the decision shall have the same effect as the recording of the certificates of the examining board as provided in § 3-8-306 . (j) The contestants or contestees shall have the right to appeal from the decision of the board to the circuit court of the county where the contest is pending, in the same way as appeals are taken from the lower courts to the circuit court. An appeal from the circuit court may be taken as provided by law. (k) The cost of the contest shall be adjudged against the unsuccessful parties. Acts 1935, No. 108, Art. 7, §§ 14-16; Pope's Dig., §§ 14161-14169; A.S.A. 1947, §§ 48-820 -- 48-822.

(a) Any election held under this act may be contested as provided for in this section.

(b) (1) Any number of the citizens and legal voters, but not less than ten (10), of the county, city, town, district, or precinct in which the elections have been held, shall have the right to contest any election held under this act and shall be designated the contestants. (2) The contestants shall file, within ten (10) days after the final action of the examining board, in the office of the clerk of the county court a written statement of the grounds of the contest. They shall cause a copy of the statement to be served on the county judge and shall give notice thereof by written or printed notice to be posted at the courthouse door of the county, and in three (3) or more public places in the county, city, town, district, or precinct in which the election has been held. They shall cause the notice to be published in some newspaper of the county, when possible, for two (2) consecutive issues, commencing not later than the first issue of the paper after filing the statement. (3) When a notice of the contest shall be executed on the county judge, the certificate shall not be recorded.

(1) Any number of the citizens and legal voters, but not less than ten (10), of the county, city, town, district, or precinct in which the elections have been held, shall have the right to contest any election held under this act and shall be designated the contestants.

(2) The contestants shall file, within ten (10) days after the final action of the examining board, in the office of the clerk of the county court a written statement of the grounds of the contest. They shall cause a copy of the statement to be served on the county judge and shall give notice thereof by written or printed notice to be posted at the courthouse door of the county, and in three (3) or more public places in the county, city, town, district, or precinct in which the election has been held. They shall cause the notice to be published in some newspaper of the county, when possible, for two (2) consecutive issues, commencing not later than the first issue of the paper after filing the statement.

(3) When a notice of the contest shall be executed on the county judge, the certificate shall not be recorded.

(c) Any number of the citizens and legal voters, not less than ten (10), of the county, city, town, district, or precinct in which the election has been held, may resist the contest by filing in the office of the clerk of the county court a statement controverting the grounds of the contestants and may state any additional grounds to sustain the election, and they shall be designated as the contestees.

(d) The contest shall be heard and determined by the same board which, by law, is authorized and empowered to hear and determine a contest of an election for county officers. The same provisions of the statutes shall apply to the contest of any election held under this act as are provided for the contest of any election for county officers, except as provided in this section.

(e) Notice for the taking of depositions or other proceedings in the contest may be executed on the person whose name appears first as contestant or contestee, which shall be deemed notice to all his or her associates.

(f) In case the required number shall fail to appear as contestees, ex parte testimony shall be competent before the contesting board.

(g) The trial of the case shall be on the fourth Monday after the filing in the county clerk's office of the grounds of the contest; however, the board, for good cause, may allow further time.

(h) The decision of the board shall be given in writing and signed in triplicate. One (1) copy shall be delivered to the contestants and one (1) copy to the contestees, and the other shall be delivered to the county clerk of the county in which the contest is pending, which shall be entered on the record of the county court.

(i) If the decision of the board is that a majority of the legal votes cast at the election were against the sale of such liquors, the entry of the decision shall have the same effect as the recording of the certificates of the examining board as provided in § 3-8-306 .

(j) The contestants or contestees shall have the right to appeal from the decision of the board to the circuit court of the county where the contest is pending, in the same way as appeals are taken from the lower courts to the circuit court. An appeal from the circuit court may be taken as provided by law.

(k) The cost of the contest shall be adjudged against the unsuccessful parties.

Acts 1935, No. 108, Art. 7, §§ 14-16; Pope's Dig., §§ 14161-14169; A.S.A. 1947, §§ 48-820 -- 48-822.
Ark. Code Ann. § 3-8-701 — AR Code / Title 3 / Chapter 8 / Subchapter 7 / Section 3-8-701
Title
Status: in_force

This subchapter shall be known and may be cited as the "Disclosure Act for Initiative Proceedings". Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.

This subchapter shall be known and may be cited as the "Disclosure Act for Initiative Proceedings".

Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 3-5-1205 — AR Code / Title 3 / Chapter 5 / Subchapter 12 / Section 3-5-1205
Fees and taxes
Status: in_force

A microbrewery-restaurant licensee 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 seven hundred fifty dollars ($750) per fiscal year to manufacture and sell its beer, malt beverages, ready-to-drink product, and hard cider for consumption both on and off the premises and to sell any other beer, malt beverages, ready-to-drink product, and hard cider purchased from a licensed wholesaler for consumption on the premises; (2) Measure beer, malt beverages, ready-to-drink product, and hard cider manufactured by the microbrewery, otherwise comply with applicable rules respecting excise and enforcement tax determination of the beer, malt beverages, ready-to-drink product, and hard cider, and pay any applicable bond or deposit and the amount of the state excise tax and enforcement tax to this state, but 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 produced and sold or offered for sale in the state. Amended by Act 2023, No. 169,§ 7, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 79, eff. 7/24/2019. Amended by Act 2017, No. 308,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 857,§ 6, eff. 3/31/2015. Acts 1991, No. 611, § 1; 1995, No. 491, § 4; 1997, No. 916, § 2; 1999, No. 319, § 2; 2009, No. 294, § 15.

A microbrewery-restaurant licensee 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 seven hundred fifty dollars ($750) per fiscal year to manufacture and sell its beer, malt beverages, ready-to-drink product, and hard cider for consumption both on and off the premises and to sell any other beer, malt beverages, ready-to-drink product, and hard cider purchased from a licensed wholesaler for consumption on the premises;

(2) Measure beer, malt beverages, ready-to-drink product, and hard cider manufactured by the microbrewery, otherwise comply with applicable rules respecting excise and enforcement tax determination of the beer, malt beverages, ready-to-drink product, and hard cider, and pay any applicable bond or deposit and the amount of the state excise tax and enforcement tax to this state, but 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 produced and sold or offered for sale in the state.

Amended by Act 2023, No. 169,§ 7, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 79, eff. 7/24/2019.

Amended by Act 2017, No. 308,§ 2, eff. 8/1/2017.

Amended by Act 2015, No. 857,§ 6, eff. 3/31/2015.

Acts 1991, No. 611, § 1; 1995, No. 491, § 4; 1997, No. 916, § 2; 1999, No. 319, § 2; 2009, No. 294, § 15.
Ark. Code Ann. § 3-5-1902 — AR Code / Title 3 / Chapter 5 / Subchapter 19 / Section 3-5-1902
Microbrewery-restaurant private club
Status: in_force

(a) A microbrewery-restaurant private club applicant shall be an entity organized and existing under the laws of this state before applying for a microbrewery-restaurant private club permit as prescribed in this subchapter. (b) The net revenues of the microbrewery-restaurant private club shall not directly or indirectly benefit its members, except for the payment of bona fide expenses of the microbrewery-restaurant private club's operations. (c) Activities at the microbrewery-restaurant private club shall be conducted for some common recreational, social, patriotic, political, national, benevolent, athletic, community hospitality, professional association, entertainment, or other object or purpose and not solely for the consumption of alcoholic beverages. (d) (1) At the time of application for a microbrewery-restaurant private club permit, the entity shall own or lease, be the holder of a buy-sell agreement or offer and acceptance, or have an option to lease a building, property, or space for the reasonable comfort and accommodation of its members and the families and guests of its members. (2) The microbrewery-restaurant private club shall restrict the use of club facilities to its members and the families and guests of its members. (e) For purposes of this subchapter, a person is a member of the microbrewery-restaurant private club only upon ordering an alcoholic beverage as defined in § 3-5-1901 . (f) If the entity holding a microbrewery-restaurant private club permit additionally holds another alcoholic beverage permit, the hours of operation authorized for the microbrewery-restaurant private club apply to all permits of the entity. Added by Act 2019, No. 681,§ 1, eff. 7/24/2019.

(a) A microbrewery-restaurant private club applicant shall be an entity organized and existing under the laws of this state before applying for a microbrewery-restaurant private club permit as prescribed in this subchapter.

(b) The net revenues of the microbrewery-restaurant private club shall not directly or indirectly benefit its members, except for the payment of bona fide expenses of the microbrewery-restaurant private club's operations.

(c) Activities at the microbrewery-restaurant private club shall be conducted for some common recreational, social, patriotic, political, national, benevolent, athletic, community hospitality, professional association, entertainment, or other object or purpose and not solely for the consumption of alcoholic beverages.

(d) (1) At the time of application for a microbrewery-restaurant private club permit, the entity shall own or lease, be the holder of a buy-sell agreement or offer and acceptance, or have an option to lease a building, property, or space for the reasonable comfort and accommodation of its members and the families and guests of its members. (2) The microbrewery-restaurant private club shall restrict the use of club facilities to its members and the families and guests of its members.

(1) At the time of application for a microbrewery-restaurant private club permit, the entity shall own or lease, be the holder of a buy-sell agreement or offer and acceptance, or have an option to lease a building, property, or space for the reasonable comfort and accommodation of its members and the families and guests of its members.

(2) The microbrewery-restaurant private club shall restrict the use of club facilities to its members and the families and guests of its members.

(e) For purposes of this subchapter, a person is a member of the microbrewery-restaurant private club only upon ordering an alcoholic beverage as defined in § 3-5-1901 .

(f) If the entity holding a microbrewery-restaurant private club permit additionally holds another alcoholic beverage permit, the hours of operation authorized for the microbrewery-restaurant private club apply to all permits of the entity.

Added by Act 2019, No. 681,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 3-4-902 — AR Code / Title 3 / Chapter 4 / Subchapter 9 / Section 3-4-902
Off-premise caterer's permit
Status: in_force

(a) There is hereby created an off-premise caterer's permit which may be issued by the Alcoholic Beverage Control Division to qualified off-premise caterers as defined in this subchapter. (b) The annual fee for an off-premises caterer's permit shall be five hundred dollars ($500), and the off-premises caterer's permit shall be renewed on an annual basis. (c) The off-premise caterer's permit shall be posted conspicuously at the caterer's place of business. Acts 1999, No. 1170, § 2; 2009, No. 294, § 10.

(a) There is hereby created an off-premise caterer's permit which may be issued by the Alcoholic Beverage Control Division to qualified off-premise caterers as defined in this subchapter.

(b) The annual fee for an off-premises caterer's permit shall be five hundred dollars ($500), and the off-premises caterer's permit shall be renewed on an annual basis.

(c) The off-premise caterer's permit shall be posted conspicuously at the caterer's place of business.

Acts 1999, No. 1170, § 2; 2009, No. 294, § 10.
Ark. Code Ann. § 3-5-225 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-225
Additional administrative personnel
Status: in_force

The Secretary of the Department of Finance and Administration and the Director of the Alcoholic Beverage Control Division are authorized to employ such additional clerks, inspectors, and assistants as may be necessary for the enforcement of this subchapter. Amended by Act 2019, No. 910,§ 3312, eff. 7/1/2019. Acts 1933 (1st Ex. Sess.), No. 7, § 22; Pope's Dig., § 14214; A.S.A. 1947, § 48-506.

The Secretary of the Department of Finance and Administration and the Director of the Alcoholic Beverage Control Division are authorized to employ such additional clerks, inspectors, and assistants as may be necessary for the enforcement of this subchapter.

Amended by Act 2019, No. 910,§ 3312, eff. 7/1/2019.

Acts 1933 (1st Ex. Sess.), No. 7, § 22; Pope's Dig., § 14214; A.S.A. 1947, § 48-506.
Ark. Code Ann. § 3-5-1905 — AR Code / Title 3 / Chapter 5 / Subchapter 19 / Section 3-5-1905
Microbrewery-restaurant private clubs - Sales prohibited
Status: in_force

(a) A microbrewery-restaurant private club permitted under this subchapter shall not sell alcoholic beverages either by the package or by the drink to a: (1) Nonmember for on-premises or off-premises consumption; or (2) Member for off-premises consumption. (b) If a permittee sells, barters, loans, or gives away an alcoholic beverage in violation of this subchapter or other alcoholic beverage control laws of this state, the permit of the club may be revoked. Amended by Act 2023, No. 334,§ 4, eff. 8/1/2023. Added by Act 2019, No. 681,§ 1, eff. 7/24/2019.

(a) A microbrewery-restaurant private club permitted under this subchapter shall not sell alcoholic beverages either by the package or by the drink to a: (1) Nonmember for on-premises or off-premises consumption; or (2) Member for off-premises consumption.

(1) Nonmember for on-premises or off-premises consumption; or

(2) Member for off-premises consumption.

(b) If a permittee sells, barters, loans, or gives away an alcoholic beverage in violation of this subchapter or other alcoholic beverage control laws of this state, the permit of the club may be revoked.

Amended by Act 2023, No. 334,§ 4, eff. 8/1/2023.

Added by Act 2019, No. 681,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 3-7-204 — AR Code / Title 3 / Chapter 7 / Subchapter 2 / Section 3-7-204
Alternative remedies
Status: in_force

Nothing in this subchapter shall preclude the Secretary of the Department of Finance and Administration from resorting to any other legal means of collecting taxes as may now be provided by law. The issuance of a certificate of indebtedness, the entry thereof by the clerk, and the levy of execution, as provided herein, shall not constitute an election of remedies in respect to the collection of the tax. Amended by Act 2019, No. 910,§ 3339, eff. 7/1/2019. Acts 1957, No. 410, § 1; A.S.A. 1947, § 48-411.1.

Nothing in this subchapter shall preclude the Secretary of the Department of Finance and Administration from resorting to any other legal means of collecting taxes as may now be provided by law. The issuance of a certificate of indebtedness, the entry thereof by the clerk, and the levy of execution, as provided herein, shall not constitute an election of remedies in respect to the collection of the tax.

Amended by Act 2019, No. 910,§ 3339, eff. 7/1/2019.

Acts 1957, No. 410, § 1; A.S.A. 1947, § 48-411.1.
Ark. Code Ann. § 3-4-706 — AR Code / Title 3 / Chapter 4 / Subchapter 7 / Section 3-4-706
Military service club mixed drink permit
Status: in_force

(a) In addition to the post exchange and other post operations authorized to be taken over by the militia pursuant to the provisions of this section, the Adjutant General of the Arkansas National Guard is given further authority to take over operation of all military service clubs on Fort Chaffee Joint Maneuver Training Center. (b) (1) It is recognized that Fort Chaffee Joint Maneuver Training Center has operated under exclusive federal jurisdiction and that such military service clubs have not been required to obtain a license from the State of Arkansas to authorize such operations. (2) However, pursuant to resumption of state jurisdiction over Fort Chaffee Joint Maneuver Training Center, state licenses will be required. (c) (1) Therefore, there is hereby created a military service club mixed drink permit authorizing the sale of alcoholic beverages as defined in § 3-9-202 to be issued to service clubs on military reservations owned or controlled by the State of Arkansas. (2) The Alcoholic Beverage Control Division is authorized to issue such a permit to each military service club operating on Fort Chaffee Joint Maneuver Training Center. (3) (A) The annual fee for each military service club mixed drink permit shall be seven hundred fifty dollars ($750), and the annual fee shall be due and collected in the same manner as all other permit fees collected by the division. (B) Food service requirements for restaurants, as set out in § 3-9-202 et seq. shall not be applicable. (C) Hours of operation for such service clubs shall be the same as are now in existence for private clubs licensed pursuant to § 3-9-221 et seq. (4) The division is authorized to adopt reasonable rules to provide for the operation of such service clubs consistent with the intent and purposes of this section. Amended by Act 2019, No. 315,§ 56, eff. 7/24/2019. Acts 1997, No. 1201, § 15; 2009, No. 294, § 9.

(a) In addition to the post exchange and other post operations authorized to be taken over by the militia pursuant to the provisions of this section, the Adjutant General of the Arkansas National Guard is given further authority to take over operation of all military service clubs on Fort Chaffee Joint Maneuver Training Center.

(b) (1) It is recognized that Fort Chaffee Joint Maneuver Training Center has operated under exclusive federal jurisdiction and that such military service clubs have not been required to obtain a license from the State of Arkansas to authorize such operations. (2) However, pursuant to resumption of state jurisdiction over Fort Chaffee Joint Maneuver Training Center, state licenses will be required.

(1) It is recognized that Fort Chaffee Joint Maneuver Training Center has operated under exclusive federal jurisdiction and that such military service clubs have not been required to obtain a license from the State of Arkansas to authorize such operations.

(2) However, pursuant to resumption of state jurisdiction over Fort Chaffee Joint Maneuver Training Center, state licenses will be required.

(c) (1) Therefore, there is hereby created a military service club mixed drink permit authorizing the sale of alcoholic beverages as defined in § 3-9-202 to be issued to service clubs on military reservations owned or controlled by the State of Arkansas. (2) The Alcoholic Beverage Control Division is authorized to issue such a permit to each military service club operating on Fort Chaffee Joint Maneuver Training Center. (3) (A) The annual fee for each military service club mixed drink permit shall be seven hundred fifty dollars ($750), and the annual fee shall be due and collected in the same manner as all other permit fees collected by the division. (B) Food service requirements for restaurants, as set out in § 3-9-202 et seq. shall not be applicable. (C) Hours of operation for such service clubs shall be the same as are now in existence for private clubs licensed pursuant to § 3-9-221 et seq. (4) The division is authorized to adopt reasonable rules to provide for the operation of such service clubs consistent with the intent and purposes of this section.

(1) Therefore, there is hereby created a military service club mixed drink permit authorizing the sale of alcoholic beverages as defined in § 3-9-202 to be issued to service clubs on military reservations owned or controlled by the State of Arkansas.

(2) The Alcoholic Beverage Control Division is authorized to issue such a permit to each military service club operating on Fort Chaffee Joint Maneuver Training Center.

(3) (A) The annual fee for each military service club mixed drink permit shall be seven hundred fifty dollars ($750), and the annual fee shall be due and collected in the same manner as all other permit fees collected by the division. (B) Food service requirements for restaurants, as set out in § 3-9-202 et seq. shall not be applicable. (C) Hours of operation for such service clubs shall be the same as are now in existence for private clubs licensed pursuant to § 3-9-221 et seq.

(A) The annual fee for each military service club mixed drink permit shall be seven hundred fifty dollars ($750), and the annual fee shall be due and collected in the same manner as all other permit fees collected by the division.

(B) Food service requirements for restaurants, as set out in § 3-9-202 et seq. shall not be applicable.

(C) Hours of operation for such service clubs shall be the same as are now in existence for private clubs licensed pursuant to § 3-9-221 et seq.

(4) The division is authorized to adopt reasonable rules to provide for the operation of such service clubs consistent with the intent and purposes of this section.

Amended by Act 2019, No. 315,§ 56, eff. 7/24/2019.

Acts 1997, No. 1201, § 15; 2009, No. 294, § 9.
Ark. Code Ann. § 3-9-602 — AR Code / Title 3 / Chapter 9 / Subchapter 6 / Section 3-9-602
Sale by licensed facility authorized - Restrictions
Status: in_force

(a) It is lawful for a facility in this state to sell wines or hard cider for consumption on the premises upon obtaining a license from the Director of the Alcoholic Beverage Control Division and paying the fee therefor, as provided in this subchapter. (b) However, it shall be unlawful for the director to issue a license to a facility for sales of wine or hard cider, or both, for consumption on the premises in a city, county, township, or other area in this state wherein the sale and possession of wines or hard cider is unlawful. (c) All licenses shall be renewed annually in the manner as is provided by law. Amended by Act 2019, No. 691,§ 26, eff. 7/24/2019. Acts 1999, No. 856, § 3.

(a) It is lawful for a facility in this state to sell wines or hard cider for consumption on the premises upon obtaining a license from the Director of the Alcoholic Beverage Control Division and paying the fee therefor, as provided in this subchapter.

(b) However, it shall be unlawful for the director to issue a license to a facility for sales of wine or hard cider, or both, for consumption on the premises in a city, county, township, or other area in this state wherein the sale and possession of wines or hard cider is unlawful.

(c) All licenses shall be renewed annually in the manner as is provided by law.

Amended by Act 2019, No. 691,§ 26, eff. 7/24/2019.

Acts 1999, No. 856, § 3.
Ark. Code Ann. § 3-8-801 — AR Code / Title 3 / Chapter 8 / Subchapter 8 / Section 3-8-801
Definitions
Status: in_force

As used in this subchapter: (1) "Canvasser" means a person who circulates a local option election petition or a part or parts of a local option election petition to obtain the signatures of petitioners thereto; (2) "Intoxicating liquor" means any beverage containing more than one-half of one percent (0.5%) of alcohol by weight; (3) "Paid canvasser" means a person who is paid or with whom there is an agreement to pay money or anything of value before or after a signature on a local option election petition is solicited in exchange for soliciting or obtaining a signature on a petition; (4) "Petition part" means a petition signature sheet containing the information required under this subchapter; (5) "Petitioner" means a person who signs a petition requesting a local option election; (6) "Registered voter" means a person who is registered at the time of signing the petition pursuant to Arkansas Constitution, Amendment 51; and (7) "Sponsor" means a person who arranges for the circulation of a local option election petition or who files a local option election petition with the official charged with verifying the signatures. Amended by Act 2015, No. 1251,§ 3, eff. 7/22/2015. Added by Act 2013, No. 1432,§ 8, eff. 8/16/2013.

As used in this subchapter:

(1) "Canvasser" means a person who circulates a local option election petition or a part or parts of a local option election petition to obtain the signatures of petitioners thereto;

(2) "Intoxicating liquor" means any beverage containing more than one-half of one percent (0.5%) of alcohol by weight;

(3) "Paid canvasser" means a person who is paid or with whom there is an agreement to pay money or anything of value before or after a signature on a local option election petition is solicited in exchange for soliciting or obtaining a signature on a petition;

(4) "Petition part" means a petition signature sheet containing the information required under this subchapter;

(5) "Petitioner" means a person who signs a petition requesting a local option election;

(6) "Registered voter" means a person who is registered at the time of signing the petition pursuant to Arkansas Constitution, Amendment 51; and

(7) "Sponsor" means a person who arranges for the circulation of a local option election petition or who files a local option election petition with the official charged with verifying the signatures.

Amended by Act 2015, No. 1251,§ 3, eff. 7/22/2015.

Added by Act 2013, No. 1432,§ 8, eff. 8/16/2013.
Ark. Code Ann. § 3-7-302 — AR Code / Title 3 / Chapter 7 / Subchapter 3 / Section 3-7-302
Monthly report and payment
Status: in_force

(a) Each licensee responsible for the payment of excise tax shall file on or before the fifteenth day of each month a verified report on forms provided by the Secretary of the Department of Finance and Administration showing, for the preceding calendar month, the exact quantity of spirituous liquor: (1) Constituting the beginning and ending inventory for the month; (2) Shipped to him or her from outside this state and received by him or her in this state; (3) Sold or disposed of by him or her in this state; (4) Sold by him or her in this state to an agency of the United States Armed Forces, to which sale the excise tax is not applicable and for which the wholesaler would be entitled to credit for taxes previously paid; and (5) Returned to the manufacturer, to which transfer the excise tax is not applicable and for which the wholesaler would be entitled to credit for taxes previously paid. (b) The report on forms prescribed by the secretary shall also show the amount of excise tax payable after allowance for all proper deductions for all spirituous liquors received by him or her in this state and shall include such additional information as the secretary may require for the proper administration of this subchapter. (c) Payment of the excise tax levied by law in the amount disclosed by the report shall accompany the report and shall be paid to the secretary. Amended by Act 2019, No. 910,§ 3342, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3341, eff. 7/1/2019. Acts 1971, No. 296, § 3; A.S.A. 1947, § 48-424.

(a) Each licensee responsible for the payment of excise tax shall file on or before the fifteenth day of each month a verified report on forms provided by the Secretary of the Department of Finance and Administration showing, for the preceding calendar month, the exact quantity of spirituous liquor: (1) Constituting the beginning and ending inventory for the month; (2) Shipped to him or her from outside this state and received by him or her in this state; (3) Sold or disposed of by him or her in this state; (4) Sold by him or her in this state to an agency of the United States Armed Forces, to which sale the excise tax is not applicable and for which the wholesaler would be entitled to credit for taxes previously paid; and (5) Returned to the manufacturer, to which transfer the excise tax is not applicable and for which the wholesaler would be entitled to credit for taxes previously paid.

(1) Constituting the beginning and ending inventory for the month;

(2) Shipped to him or her from outside this state and received by him or her in this state;

(3) Sold or disposed of by him or her in this state;

(4) Sold by him or her in this state to an agency of the United States Armed Forces, to which sale the excise tax is not applicable and for which the wholesaler would be entitled to credit for taxes previously paid; and

(5) Returned to the manufacturer, to which transfer the excise tax is not applicable and for which the wholesaler would be entitled to credit for taxes previously paid.

(b) The report on forms prescribed by the secretary shall also show the amount of excise tax payable after allowance for all proper deductions for all spirituous liquors received by him or her in this state and shall include such additional information as the secretary may require for the proper administration of this subchapter.

(c) Payment of the excise tax levied by law in the amount disclosed by the report shall accompany the report and shall be paid to the secretary.

Amended by Act 2019, No. 910,§ 3342, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3341, eff. 7/1/2019.

Acts 1971, No. 296, § 3; A.S.A. 1947, § 48-424.
Ark. Code Ann. § 3-5-212 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-212
County and municipal retailers' permits
Status: in_force

(a) (1) Before any person shall be authorized to offer for sale at retail the liquors as prescribed in this subchapter in any county, or if within the incorporated limits of any town or city, then he or she shall apply to and secure a permit or license from the county clerk if outside incorporated limits of a city or town or to the city clerk or town recorder if within the incorporated limits of a city or town, a permit or license. (2) The county clerk or city clerk or recorder shall charge for the permit or license a sum not in excess of: (A) Fifteen dollars ($15.00) for a retailer whose total gross annual sales do not exceed one thousand dollars ($1,000); and (B) Twenty dollars ($20.00) for retailers whose total gross annual sales shall not be in excess of two thousand dollars ($2,000). (3) The city clerk or recorder or county clerk shall be empowered to collect from the retailers an additional five dollars ($5.00) for each one thousand dollars ($1,000) gross annual business in excess of two thousand dollars ($2,000). (b) The permits to retailers shall not be granted or issued by any city clerk or recorder or any county clerk until the retailer shall exhibit the state permit granted or issued to him or her by the Director of the Alcoholic Beverage Control Division or the director's agent. (c) The state permit shall be prima facie evidence of the retailer's right to apply for and purchase a city or county permit, and it shall be unlawful for any city clerk, recorder, or county clerk to refuse to issue the permit upon proper application by the retailer. (d) Whenever it shall appear to the city clerk or recorder or to the county clerk that a retail dealer has secured a permit for fifteen dollars ($15.00) when a larger amount should have been paid therefor, he or she require the payment of the difference or cancel the permit. (e) The tax shall be due and payable at each place where the retail dealer carries on business. (f) The city clerk or county clerk charged with the duty of collecting the license fees shall notify the director of the identity of retailers failing to comply with the provisions of this section. The director shall then notify wholesale dealers to discontinue sales to delinquent retailers. When the license fee is paid, the appropriate clerk shall notify the director that the retailer has paid the fee. The director shall notify wholesalers to resume sales to the retailers. (g) Any wholesaler who continues to sell to a retailer after notification from the director to discontinue sales shall be subject upon conviction to a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). Acts 1933 (1st Ex. Sess.), No. 7, § 25; Pope's Dig., § 14217; Acts 1955, No. 353, § 1; A.S.A. 1947, § 48-516.

(a) (1) Before any person shall be authorized to offer for sale at retail the liquors as prescribed in this subchapter in any county, or if within the incorporated limits of any town or city, then he or she shall apply to and secure a permit or license from the county clerk if outside incorporated limits of a city or town or to the city clerk or town recorder if within the incorporated limits of a city or town, a permit or license. (2) The county clerk or city clerk or recorder shall charge for the permit or license a sum not in excess of: (A) Fifteen dollars ($15.00) for a retailer whose total gross annual sales do not exceed one thousand dollars ($1,000); and (B) Twenty dollars ($20.00) for retailers whose total gross annual sales shall not be in excess of two thousand dollars ($2,000). (3) The city clerk or recorder or county clerk shall be empowered to collect from the retailers an additional five dollars ($5.00) for each one thousand dollars ($1,000) gross annual business in excess of two thousand dollars ($2,000).

(1) Before any person shall be authorized to offer for sale at retail the liquors as prescribed in this subchapter in any county, or if within the incorporated limits of any town or city, then he or she shall apply to and secure a permit or license from the county clerk if outside incorporated limits of a city or town or to the city clerk or town recorder if within the incorporated limits of a city or town, a permit or license.

(2) The county clerk or city clerk or recorder shall charge for the permit or license a sum not in excess of: (A) Fifteen dollars ($15.00) for a retailer whose total gross annual sales do not exceed one thousand dollars ($1,000); and (B) Twenty dollars ($20.00) for retailers whose total gross annual sales shall not be in excess of two thousand dollars ($2,000).

(A) Fifteen dollars ($15.00) for a retailer whose total gross annual sales do not exceed one thousand dollars ($1,000); and

(B) Twenty dollars ($20.00) for retailers whose total gross annual sales shall not be in excess of two thousand dollars ($2,000).

(3) The city clerk or recorder or county clerk shall be empowered to collect from the retailers an additional five dollars ($5.00) for each one thousand dollars ($1,000) gross annual business in excess of two thousand dollars ($2,000).

(b) The permits to retailers shall not be granted or issued by any city clerk or recorder or any county clerk until the retailer shall exhibit the state permit granted or issued to him or her by the Director of the Alcoholic Beverage Control Division or the director's agent.

(c) The state permit shall be prima facie evidence of the retailer's right to apply for and purchase a city or county permit, and it shall be unlawful for any city clerk, recorder, or county clerk to refuse to issue the permit upon proper application by the retailer.

(d) Whenever it shall appear to the city clerk or recorder or to the county clerk that a retail dealer has secured a permit for fifteen dollars ($15.00) when a larger amount should have been paid therefor, he or she require the payment of the difference or cancel the permit.

(e) The tax shall be due and payable at each place where the retail dealer carries on business.

(f) The city clerk or county clerk charged with the duty of collecting the license fees shall notify the director of the identity of retailers failing to comply with the provisions of this section. The director shall then notify wholesale dealers to discontinue sales to delinquent retailers. When the license fee is paid, the appropriate clerk shall notify the director that the retailer has paid the fee. The director shall notify wholesalers to resume sales to the retailers.

(g) Any wholesaler who continues to sell to a retailer after notification from the director to discontinue sales shall be subject upon conviction to a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).

Acts 1933 (1st Ex. Sess.), No. 7, § 25; Pope's Dig., § 14217; Acts 1955, No. 353, § 1; A.S.A. 1947, § 48-516.
Ark. Code Ann. § 3-8-312 — AR Code / Title 3 / Chapter 8 / Subchapter 3 / Section 3-8-312
Sale, barter, or possession for sale or barter in dry area - Penalties
Status: in_force

(a) It shall be unlawful for any person, firm, or corporation to sell or barter, or possess for purposes of sale or barter, any intoxicating liquor or beverage in any county, township, municipality, ward, or precinct in which the sale or barter of intoxicating liquor or beverage is or shall be prohibited by law. (b) (1) Upon first conviction, any person or officers of any firm or corporation that shall do so shall be guilty of a violation and shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (2) The person or officers of a firm or corporation for a second conviction shall be guilty of a violation and fined not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000). (3) For any subsequent conviction, the person or officers of a firm or corporation shall be guilty of a Class D felony. (c) The defendant shall be specifically charged with violating the felony provision of this section. (d) Bond forfeitures under this section or any statute or municipal ordinance of this state prohibiting the unlawful sale or barter or possession for sale or barter of any intoxicating liquor or beverage shall be considered as a conviction in determining whether or not the defendant is properly charged with a second offense or a felony as set out in this section. Acts 1953, No. 395, § 1; A.S.A. 1947, § 48-811.1; Acts 2005, No. 1964, § 9; 2005, No. 1994, § 420.

(a) It shall be unlawful for any person, firm, or corporation to sell or barter, or possess for purposes of sale or barter, any intoxicating liquor or beverage in any county, township, municipality, ward, or precinct in which the sale or barter of intoxicating liquor or beverage is or shall be prohibited by law.

(b) (1) Upon first conviction, any person or officers of any firm or corporation that shall do so shall be guilty of a violation and shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (2) The person or officers of a firm or corporation for a second conviction shall be guilty of a violation and fined not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000). (3) For any subsequent conviction, the person or officers of a firm or corporation shall be guilty of a Class D felony.

(1) Upon first conviction, any person or officers of any firm or corporation that shall do so shall be guilty of a violation and shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).

(2) The person or officers of a firm or corporation for a second conviction shall be guilty of a violation and fined not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000).

(3) For any subsequent conviction, the person or officers of a firm or corporation shall be guilty of a Class D felony.

(c) The defendant shall be specifically charged with violating the felony provision of this section.

(d) Bond forfeitures under this section or any statute or municipal ordinance of this state prohibiting the unlawful sale or barter or possession for sale or barter of any intoxicating liquor or beverage shall be considered as a conviction in determining whether or not the defendant is properly charged with a second offense or a felony as set out in this section.

Acts 1953, No. 395, § 1; A.S.A. 1947, § 48-811.1; Acts 2005, No. 1964, § 9; 2005, No. 1994, § 420.
Ark. Code Ann. § 3-5-216 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-216
Warehousing of beer and light wines
Status: in_force

(a) Light wines or beer upon which the tax prescribed by this subchapter has not been paid may be transported from without this state to a distributor within this state and may be received and kept in storage at a distributor's place of business in this state, upon the execution of such bond as the Director of the Alcoholic Beverage Control Division may by rule prescribe. (b) The director shall: (1) Require the storage of all beer or wine in state-supervised warehouses, designated and licensed by the director before the sale thereof; (2) Provide for the supervision, inspection, and collection of the costs thereof of the designated warehouses; (3) Declare it to be unlawful to offer for sale any beer or wine not thus warehoused, inspected, and approved; and (4) Confiscate and destroy any beer or wine not thus warehoused, inspected, and approved or which in any manner violates any provision of this subchapter. (c) The Secretary of the Department of Finance and Administration shall provide for the collection of all fees and taxes imposed by this subchapter upon beer and wine at designated warehouses as provided for in subdivision (b)(1) of this section. (d) All distributors and wholesalers licensed as provided in § 3-5-206 shall be given a warehouse permit as provided in this section. (e) Every person otherwise qualified and who can furnish proper bond and a suitable warehouse shall be entitled to a license as a wholesale distributor of beer. Amended by Act 2019, No. 910,§ 3309, eff. 7/1/2019. Acts 1933 (1st Ex. Sess.), No. 7, § 7; Pope's Dig., § 14199; A.S.A. 1947, § 48-508.

(a) Light wines or beer upon which the tax prescribed by this subchapter has not been paid may be transported from without this state to a distributor within this state and may be received and kept in storage at a distributor's place of business in this state, upon the execution of such bond as the Director of the Alcoholic Beverage Control Division may by rule prescribe.

(b) The director shall: (1) Require the storage of all beer or wine in state-supervised warehouses, designated and licensed by the director before the sale thereof; (2) Provide for the supervision, inspection, and collection of the costs thereof of the designated warehouses; (3) Declare it to be unlawful to offer for sale any beer or wine not thus warehoused, inspected, and approved; and (4) Confiscate and destroy any beer or wine not thus warehoused, inspected, and approved or which in any manner violates any provision of this subchapter.

(1) Require the storage of all beer or wine in state-supervised warehouses, designated and licensed by the director before the sale thereof;

(2) Provide for the supervision, inspection, and collection of the costs thereof of the designated warehouses;

(3) Declare it to be unlawful to offer for sale any beer or wine not thus warehoused, inspected, and approved; and

(4) Confiscate and destroy any beer or wine not thus warehoused, inspected, and approved or which in any manner violates any provision of this subchapter.

(c) The Secretary of the Department of Finance and Administration shall provide for the collection of all fees and taxes imposed by this subchapter upon beer and wine at designated warehouses as provided for in subdivision (b)(1) of this section.

(d) All distributors and wholesalers licensed as provided in § 3-5-206 shall be given a warehouse permit as provided in this section.

(e) Every person otherwise qualified and who can furnish proper bond and a suitable warehouse shall be entitled to a license as a wholesale distributor of beer.

Amended by Act 2019, No. 910,§ 3309, eff. 7/1/2019.

Acts 1933 (1st Ex. Sess.), No. 7, § 7; Pope's Dig., § 14199; A.S.A. 1947, § 48-508.