Ark. Code Ann. § 3-5-1204 — AR Code / Title 3 / Chapter 5 / Subchapter 12 / Section 3-5-1204
Licenses - Scope - Restrictions
Status: in_force

(a) The Director of the Alcoholic Beverage Control Division may issue a microbrewery-restaurant license which shall authorize the licensee to do the following: (1) (A) To: (i) Operate a microbrewery which shall manufacture one (1) or more varieties of beer, malt beverage, ready-to-drink product, or hard cider in an aggregate quantity not to exceed forty-five thousand (45,000) barrels per year from all facilities under common ownership with the microbrewery; and (ii) Store the manufactured beer, malt beverage, ready-to-drink product, or hard cider and any other beer, malt beverage, ready-to-drink product, or hard cider which the microbrewery-restaurant licensee may purchase from wholesalers and small brewers licensed by this state on the microbrewery-restaurant licensed premises and on the premises of the one (1) separate brewing facility of a microbrewery-restaurant authorized under subdivision (a)(10) of this section. (B) Two (2) or more microbrewery-restaurants sharing common ownership or a brewery of any size sharing common ownership with a microbrewery-restaurant shall be considered one (1) entity for purposes of: (i) Calculating barrel production; and (ii) Transportation of beer, malt beverage, ready-to-drink product, or hard cider produced by one (1) entity among no more than three (3) microbrewery-restaurant facilities of the one (1) entity; (2) (A) To operate a restaurant which shall be the sales outlet for beer, malt beverage, ready-to-drink product, or hard cider manufactured by the microbrewery and which shall sell the beer, malt beverage, ready-to-drink product, or hard cider and any other beer, malt beverage, ready-to-drink product, hard cider, or wine which the microbrewery-restaurant licensee may purchase from wholesalers licensed by this state for consumption on the licensed premises or purchased directly from licensed small brewers allowed to distribute directly to the microbrewery-restaurant. (B) On-premises consumption of a ready-to-drink product shall only be allowed in cities and counties, or portions of cities and counties, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held under Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as provided in § 3-9-201 et seq.; (3) (A) To sell on the premises beer, malt beverage, ready-to-drink product, or hard cider manufactured by the microbrewery or commonly owned facility in brewery-sealed packages at retail directly to the consumer for off-premises consumption on any day of the week. (B) A ready-to-drink product authorized for sale for off-premises consumption under subdivision (a)(3)(A) of this section shall be sold only from the location where the ready-to-drink product is manufactured; (4) To serve on the premises complimentary samples of beer, malt beverages, ready-to-drink product, or hard cider produced by the microbrewery-restaurant; (5) (A) To provide products it manufactures to charitable or nonprofit organizations or sell for resale products it manufactures to charitable or nonprofit organizations holding valid special-event permits as provided for by the Alcoholic Beverage Control Board, except that the microbrewery-restaurant licensee may not sell to nonprofit organizations holding private club licenses. (B) The sale of those products shall be limited to the duration of the particular special event; (6) To sell beer, malt beverages, ready-to-drink product, or hard cider manufactured by the microbrewery-restaurant to a nonprofit corporation leasing space in the microbrewery-restaurant or in an adjoining building; (7) (A) To sell at retail by the drink or by the package beer produced on the premises of the microbrewery-restaurant if all sales occur in a wet territory and at fairs and food and beer festivals, with the permission and the consent of the management of events. (B) A sales and use tax permit is required for sales under this subdivision (a)(7); (8) To sell beer, malt beverage, ready-to-drink product, or hard cider of its own manufacture to a wholesale dealer licensed by this state for the purpose of resale to other retail license holders as set forth by §§ 3-4-605 and 3-5-101 , dealing with wholesale distribution of beer, malt beverage, ready-to-drink product, and hard cider; (9) (A) To conduct beer-, malt beverage-, ready-to-drink product-, and hard cider-tasting events for educational or promotional purposes at any location in wet areas of this state if: (i) A request for approval to conduct a beer-, malt beverage-, ready-to-drink product-, and hard cider-tasting event is received by the Alcoholic Beverage Control Division at least two (2) weeks before the event; (ii) The request is approved by the division; and (iii) Written notice is given by the division to the permit holder at least five (5) days before the event. (B) Only beer, malt beverage, ready-to-drink product, and hard cider produced by the microbrewery-restaurant shall be used for an event approved under this subdivision (a)(9). (C) This subdivision (a)(9) does not authorize the conducting of a beer-, malt beverage-, ready-to-drink product-, and hard cider-tasting event at the one (1) separate brewing facility of a microbrewery-restaurant authorized under subdivision (a)(10) of this section; (10) (A) To maintain one (1) separate brewing facility for the production or storage of beer, malt liquor, ready-to-drink product, or hard cider as needed to meet demand, except that each facility used by the microbrewery-restaurant licensee shall not in the aggregate produce more than forty-five thousand (45,000) barrels of beer, malt beverage, ready-to-drink product, and hard cider per year. (B) Beer, malt beverage, and hard cider produced by a separate brewing facility of a microbrewery-restaurant licensee shall be: (i) Sold to a licensed wholesaler; or (ii) Transported: (a) From the separate brewing facility to a microbrewery-restaurant commonly owned by the owner of the separate brewing facility for retail sale for consumption on or off the licensed premises; and (b) To the separate brewing facility from a microbrewery-restaurant commonly owned by the owner of the separate brewing facility for storage, production, or packaging. (C) Ready-to-drink products produced by a separate brewing facility of a microbrewery-restaurant licensee shall be sold only to a licensed wholesaler; and (11) (A) To sell and transport beer, malt beverage, or hard cider manufactured by the microbrewery-restaurant licensee to licensed retailers in an amount not to exceed five thousand (5,000) barrels per year. (B) (i) To sell and transport under subdivision (a)(11)(A) of this section, the microbrewery-restaurant licensee shall obtain a microbrewery-restaurant wholesale permit. (ii) The microbrewery-restaurant licensee shall pay a fee of two hundred fifty dollars ($250) per year for the microbrewery-restaurant wholesale permit under subdivision (a)(11)(B)(i) of this section. (b) The director shall not issue a microbrewery-restaurant license if the microbrewery-restaurant premises are in a dry area. (c) (1) After July 31, 2017, the director shall not issue a microbrewery-restaurant license to a person or entity having more than five percent (5%) common ownership with a person or entity holding a license under the Arkansas Small Brewery Act, § 3-5-1401 et seq., or qualifying as a supplier under § 3-5-1102 . (2) However, the director may issue an additional microbrewery-restaurant license after July 31, 2017, to a person or entity holding a microbrewery-restaurant license as of July 31, 2017, and having more than five percent (5%) common ownership with a person or entity if the person or entity holds a license under the Arkansas Small Brewery Act, § 3-5-1401 et seq., or qualifies as a supplier under § 3-5-1102 . (d) A microbrewery-restaurant license holder that manufactures a ready-to-drink product shall comply with all federal laws and regulations, including without limitation obtaining a license to distill, warehouse, or process spirituous liquor issued by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury. Amended by Act 2023, No. 207,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 169,§ 6, eff. 8/1/2023. Amended by Act 2023, No. 169,§ 5, eff. 8/1/2023. Amended by Act 2017, No. 865,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 308,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 857,§ 5, eff. 3/31/2015. Acts 1991, No. 611, § 1; 1995, No. 491, § 3; 1997, No. 916, § 1; 1999, No. 1065, § 2; 2001, No. 805, § 1.

(a) The Director of the Alcoholic Beverage Control Division may issue a microbrewery-restaurant license which shall authorize the licensee to do the following: (1) (A) To: (i) Operate a microbrewery which shall manufacture one (1) or more varieties of beer, malt beverage, ready-to-drink product, or hard cider in an aggregate quantity not to exceed forty-five thousand (45,000) barrels per year from all facilities under common ownership with the microbrewery; and (ii) Store the manufactured beer, malt beverage, ready-to-drink product, or hard cider and any other beer, malt beverage, ready-to-drink product, or hard cider which the microbrewery-restaurant licensee may purchase from wholesalers and small brewers licensed by this state on the microbrewery-restaurant licensed premises and on the premises of the one (1) separate brewing facility of a microbrewery-restaurant authorized under subdivision (a)(10) of this section. (B) Two (2) or more microbrewery-restaurants sharing common ownership or a brewery of any size sharing common ownership with a microbrewery-restaurant shall be considered one (1) entity for purposes of: (i) Calculating barrel production; and (ii) Transportation of beer, malt beverage, ready-to-drink product, or hard cider produced by one (1) entity among no more than three (3) microbrewery-restaurant facilities of the one (1) entity; (2) (A) To operate a restaurant which shall be the sales outlet for beer, malt beverage, ready-to-drink product, or hard cider manufactured by the microbrewery and which shall sell the beer, malt beverage, ready-to-drink product, or hard cider and any other beer, malt beverage, ready-to-drink product, hard cider, or wine which the microbrewery-restaurant licensee may purchase from wholesalers licensed by this state for consumption on the licensed premises or purchased directly from licensed small brewers allowed to distribute directly to the microbrewery-restaurant. (B) On-premises consumption of a ready-to-drink product shall only be allowed in cities and counties, or portions of cities and counties, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held under Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as provided in § 3-9-201 et seq.; (3) (A) To sell on the premises beer, malt beverage, ready-to-drink product, or hard cider manufactured by the microbrewery or commonly owned facility in brewery-sealed packages at retail directly to the consumer for off-premises consumption on any day of the week. (B) A ready-to-drink product authorized for sale for off-premises consumption under subdivision (a)(3)(A) of this section shall be sold only from the location where the ready-to-drink product is manufactured; (4) To serve on the premises complimentary samples of beer, malt beverages, ready-to-drink product, or hard cider produced by the microbrewery-restaurant; (5) (A) To provide products it manufactures to charitable or nonprofit organizations or sell for resale products it manufactures to charitable or nonprofit organizations holding valid special-event permits as provided for by the Alcoholic Beverage Control Board, except that the microbrewery-restaurant licensee may not sell to nonprofit organizations holding private club licenses. (B) The sale of those products shall be limited to the duration of the particular special event; (6) To sell beer, malt beverages, ready-to-drink product, or hard cider manufactured by the microbrewery-restaurant to a nonprofit corporation leasing space in the microbrewery-restaurant or in an adjoining building; (7) (A) To sell at retail by the drink or by the package beer produced on the premises of the microbrewery-restaurant if all sales occur in a wet territory and at fairs and food and beer festivals, with the permission and the consent of the management of events. (B) A sales and use tax permit is required for sales under this subdivision (a)(7); (8) To sell beer, malt beverage, ready-to-drink product, or hard cider of its own manufacture to a wholesale dealer licensed by this state for the purpose of resale to other retail license holders as set forth by §§ 3-4-605 and 3-5-101 , dealing with wholesale distribution of beer, malt beverage, ready-to-drink product, and hard cider; (9) (A) To conduct beer-, malt beverage-, ready-to-drink product-, and hard cider-tasting events for educational or promotional purposes at any location in wet areas of this state if: (i) A request for approval to conduct a beer-, malt beverage-, ready-to-drink product-, and hard cider-tasting event is received by the Alcoholic Beverage Control Division at least two (2) weeks before the event; (ii) The request is approved by the division; and (iii) Written notice is given by the division to the permit holder at least five (5) days before the event. (B) Only beer, malt beverage, ready-to-drink product, and hard cider produced by the microbrewery-restaurant shall be used for an event approved under this subdivision (a)(9). (C) This subdivision (a)(9) does not authorize the conducting of a beer-, malt beverage-, ready-to-drink product-, and hard cider-tasting event at the one (1) separate brewing facility of a microbrewery-restaurant authorized under subdivision (a)(10) of this section; (10) (A) To maintain one (1) separate brewing facility for the production or storage of beer, malt liquor, ready-to-drink product, or hard cider as needed to meet demand, except that each facility used by the microbrewery-restaurant licensee shall not in the aggregate produce more than forty-five thousand (45,000) barrels of beer, malt beverage, ready-to-drink product, and hard cider per year. (B) Beer, malt beverage, and hard cider produced by a separate brewing facility of a microbrewery-restaurant licensee shall be: (i) Sold to a licensed wholesaler; or (ii) Transported: (a) From the separate brewing facility to a microbrewery-restaurant commonly owned by the owner of the separate brewing facility for retail sale for consumption on or off the licensed premises; and (b) To the separate brewing facility from a microbrewery-restaurant commonly owned by the owner of the separate brewing facility for storage, production, or packaging. (C) Ready-to-drink products produced by a separate brewing facility of a microbrewery-restaurant licensee shall be sold only to a licensed wholesaler; and (11) (A) To sell and transport beer, malt beverage, or hard cider manufactured by the microbrewery-restaurant licensee to licensed retailers in an amount not to exceed five thousand (5,000) barrels per year. (B) (i) To sell and transport under subdivision (a)(11)(A) of this section, the microbrewery-restaurant licensee shall obtain a microbrewery-restaurant wholesale permit. (ii) The microbrewery-restaurant licensee shall pay a fee of two hundred fifty dollars ($250) per year for the microbrewery-restaurant wholesale permit under subdivision (a)(11)(B)(i) of this section.

(1) (A) To: (i) Operate a microbrewery which shall manufacture one (1) or more varieties of beer, malt beverage, ready-to-drink product, or hard cider in an aggregate quantity not to exceed forty-five thousand (45,000) barrels per year from all facilities under common ownership with the microbrewery; and (ii) Store the manufactured beer, malt beverage, ready-to-drink product, or hard cider and any other beer, malt beverage, ready-to-drink product, or hard cider which the microbrewery-restaurant licensee may purchase from wholesalers and small brewers licensed by this state on the microbrewery-restaurant licensed premises and on the premises of the one (1) separate brewing facility of a microbrewery-restaurant authorized under subdivision (a)(10) of this section. (B) Two (2) or more microbrewery-restaurants sharing common ownership or a brewery of any size sharing common ownership with a microbrewery-restaurant shall be considered one (1) entity for purposes of: (i) Calculating barrel production; and (ii) Transportation of beer, malt beverage, ready-to-drink product, or hard cider produced by one (1) entity among no more than three (3) microbrewery-restaurant facilities of the one (1) entity;

(A) To: (i) Operate a microbrewery which shall manufacture one (1) or more varieties of beer, malt beverage, ready-to-drink product, or hard cider in an aggregate quantity not to exceed forty-five thousand (45,000) barrels per year from all facilities under common ownership with the microbrewery; and (ii) Store the manufactured beer, malt beverage, ready-to-drink product, or hard cider and any other beer, malt beverage, ready-to-drink product, or hard cider which the microbrewery-restaurant licensee may purchase from wholesalers and small brewers licensed by this state on the microbrewery-restaurant licensed premises and on the premises of the one (1) separate brewing facility of a microbrewery-restaurant authorized under subdivision (a)(10) of this section.

(i) Operate a microbrewery which shall manufacture one (1) or more varieties of beer, malt beverage, ready-to-drink product, or hard cider in an aggregate quantity not to exceed forty-five thousand (45,000) barrels per year from all facilities under common ownership with the microbrewery; and

(ii) Store the manufactured beer, malt beverage, ready-to-drink product, or hard cider and any other beer, malt beverage, ready-to-drink product, or hard cider which the microbrewery-restaurant licensee may purchase from wholesalers and small brewers licensed by this state on the microbrewery-restaurant licensed premises and on the premises of the one (1) separate brewing facility of a microbrewery-restaurant authorized under subdivision (a)(10) of this section.

(B) Two (2) or more microbrewery-restaurants sharing common ownership or a brewery of any size sharing common ownership with a microbrewery-restaurant shall be considered one (1) entity for purposes of: (i) Calculating barrel production; and (ii) Transportation of beer, malt beverage, ready-to-drink product, or hard cider produced by one (1) entity among no more than three (3) microbrewery-restaurant facilities of the one (1) entity;

(i) Calculating barrel production; and

(ii) Transportation of beer, malt beverage, ready-to-drink product, or hard cider produced by one (1) entity among no more than three (3) microbrewery-restaurant facilities of the one (1) entity;

(2) (A) To operate a restaurant which shall be the sales outlet for beer, malt beverage, ready-to-drink product, or hard cider manufactured by the microbrewery and which shall sell the beer, malt beverage, ready-to-drink product, or hard cider and any other beer, malt beverage, ready-to-drink product, hard cider, or wine which the microbrewery-restaurant licensee may purchase from wholesalers licensed by this state for consumption on the licensed premises or purchased directly from licensed small brewers allowed to distribute directly to the microbrewery-restaurant. (B) On-premises consumption of a ready-to-drink product shall only be allowed in cities and counties, or portions of cities and counties, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held under Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as provided in § 3-9-201 et seq.;

(A) To operate a restaurant which shall be the sales outlet for beer, malt beverage, ready-to-drink product, or hard cider manufactured by the microbrewery and which shall sell the beer, malt beverage, ready-to-drink product, or hard cider and any other beer, malt beverage, ready-to-drink product, hard cider, or wine which the microbrewery-restaurant licensee may purchase from wholesalers licensed by this state for consumption on the licensed premises or purchased directly from licensed small brewers allowed to distribute directly to the microbrewery-restaurant.

(B) On-premises consumption of a ready-to-drink product shall only be allowed in cities and counties, or portions of cities and counties, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held under Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as provided in § 3-9-201 et seq.;

(3) (A) To sell on the premises beer, malt beverage, ready-to-drink product, or hard cider manufactured by the microbrewery or commonly owned facility in brewery-sealed packages at retail directly to the consumer for off-premises consumption on any day of the week. (B) A ready-to-drink product authorized for sale for off-premises consumption under subdivision (a)(3)(A) of this section shall be sold only from the location where the ready-to-drink product is manufactured;

(A) To sell on the premises beer, malt beverage, ready-to-drink product, or hard cider manufactured by the microbrewery or commonly owned facility in brewery-sealed packages at retail directly to the consumer for off-premises consumption on any day of the week.

(B) A ready-to-drink product authorized for sale for off-premises consumption under subdivision (a)(3)(A) of this section shall be sold only from the location where the ready-to-drink product is manufactured;

(4) To serve on the premises complimentary samples of beer, malt beverages, ready-to-drink product, or hard cider produced by the microbrewery-restaurant;

(5) (A) To provide products it manufactures to charitable or nonprofit organizations or sell for resale products it manufactures to charitable or nonprofit organizations holding valid special-event permits as provided for by the Alcoholic Beverage Control Board, except that the microbrewery-restaurant licensee may not sell to nonprofit organizations holding private club licenses. (B) The sale of those products shall be limited to the duration of the particular special event;

(A) To provide products it manufactures to charitable or nonprofit organizations or sell for resale products it manufactures to charitable or nonprofit organizations holding valid special-event permits as provided for by the Alcoholic Beverage Control Board, except that the microbrewery-restaurant licensee may not sell to nonprofit organizations holding private club licenses.

(B) The sale of those products shall be limited to the duration of the particular special event;

(6) To sell beer, malt beverages, ready-to-drink product, or hard cider manufactured by the microbrewery-restaurant to a nonprofit corporation leasing space in the microbrewery-restaurant or in an adjoining building;

(7) (A) To sell at retail by the drink or by the package beer produced on the premises of the microbrewery-restaurant if all sales occur in a wet territory and at fairs and food and beer festivals, with the permission and the consent of the management of events. (B) A sales and use tax permit is required for sales under this subdivision (a)(7);

(A) To sell at retail by the drink or by the package beer produced on the premises of the microbrewery-restaurant if all sales occur in a wet territory and at fairs and food and beer festivals, with the permission and the consent of the management of events.

(B) A sales and use tax permit is required for sales under this subdivision (a)(7);

(8) To sell beer, malt beverage, ready-to-drink product, or hard cider of its own manufacture to a wholesale dealer licensed by this state for the purpose of resale to other retail license holders as set forth by §§ 3-4-605 and 3-5-101 , dealing with wholesale distribution of beer, malt beverage, ready-to-drink product, and hard cider;

(9) (A) To conduct beer-, malt beverage-, ready-to-drink product-, and hard cider-tasting events for educational or promotional purposes at any location in wet areas of this state if: (i) A request for approval to conduct a beer-, malt beverage-, ready-to-drink product-, and hard cider-tasting event is received by the Alcoholic Beverage Control Division at least two (2) weeks before the event; (ii) The request is approved by the division; and (iii) Written notice is given by the division to the permit holder at least five (5) days before the event. (B) Only beer, malt beverage, ready-to-drink product, and hard cider produced by the microbrewery-restaurant shall be used for an event approved under this subdivision (a)(9). (C) This subdivision (a)(9) does not authorize the conducting of a beer-, malt beverage-, ready-to-drink product-, and hard cider-tasting event at the one (1) separate brewing facility of a microbrewery-restaurant authorized under subdivision (a)(10) of this section;

(A) To conduct beer-, malt beverage-, ready-to-drink product-, and hard cider-tasting events for educational or promotional purposes at any location in wet areas of this state if: (i) A request for approval to conduct a beer-, malt beverage-, ready-to-drink product-, and hard cider-tasting event is received by the Alcoholic Beverage Control Division at least two (2) weeks before the event; (ii) The request is approved by the division; and (iii) Written notice is given by the division to the permit holder at least five (5) days before the event.

(i) A request for approval to conduct a beer-, malt beverage-, ready-to-drink product-, and hard cider-tasting event is received by the Alcoholic Beverage Control Division at least two (2) weeks before the event;

(ii) The request is approved by the division; and

(iii) Written notice is given by the division to the permit holder at least five (5) days before the event.

(B) Only beer, malt beverage, ready-to-drink product, and hard cider produced by the microbrewery-restaurant shall be used for an event approved under this subdivision (a)(9).

(C) This subdivision (a)(9) does not authorize the conducting of a beer-, malt beverage-, ready-to-drink product-, and hard cider-tasting event at the one (1) separate brewing facility of a microbrewery-restaurant authorized under subdivision (a)(10) of this section;

(10) (A) To maintain one (1) separate brewing facility for the production or storage of beer, malt liquor, ready-to-drink product, or hard cider as needed to meet demand, except that each facility used by the microbrewery-restaurant licensee shall not in the aggregate produce more than forty-five thousand (45,000) barrels of beer, malt beverage, ready-to-drink product, and hard cider per year. (B) Beer, malt beverage, and hard cider produced by a separate brewing facility of a microbrewery-restaurant licensee shall be: (i) Sold to a licensed wholesaler; or (ii) Transported: (a) From the separate brewing facility to a microbrewery-restaurant commonly owned by the owner of the separate brewing facility for retail sale for consumption on or off the licensed premises; and (b) To the separate brewing facility from a microbrewery-restaurant commonly owned by the owner of the separate brewing facility for storage, production, or packaging. (C) Ready-to-drink products produced by a separate brewing facility of a microbrewery-restaurant licensee shall be sold only to a licensed wholesaler; and

(A) To maintain one (1) separate brewing facility for the production or storage of beer, malt liquor, ready-to-drink product, or hard cider as needed to meet demand, except that each facility used by the microbrewery-restaurant licensee shall not in the aggregate produce more than forty-five thousand (45,000) barrels of beer, malt beverage, ready-to-drink product, and hard cider per year.

(B) Beer, malt beverage, and hard cider produced by a separate brewing facility of a microbrewery-restaurant licensee shall be: (i) Sold to a licensed wholesaler; or (ii) Transported: (a) From the separate brewing facility to a microbrewery-restaurant commonly owned by the owner of the separate brewing facility for retail sale for consumption on or off the licensed premises; and (b) To the separate brewing facility from a microbrewery-restaurant commonly owned by the owner of the separate brewing facility for storage, production, or packaging.

(i) Sold to a licensed wholesaler; or

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

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

(b) To the separate brewing facility from a microbrewery-restaurant commonly owned by the owner of the separate brewing facility for storage, production, or packaging.

(C) Ready-to-drink products produced by a separate brewing facility of a microbrewery-restaurant licensee shall be sold only to a licensed wholesaler; and

(11) (A) To sell and transport beer, malt beverage, or hard cider manufactured by the microbrewery-restaurant licensee to licensed retailers in an amount not to exceed five thousand (5,000) barrels per year. (B) (i) To sell and transport under subdivision (a)(11)(A) of this section, the microbrewery-restaurant licensee shall obtain a microbrewery-restaurant wholesale permit. (ii) The microbrewery-restaurant licensee shall pay a fee of two hundred fifty dollars ($250) per year for the microbrewery-restaurant wholesale permit under subdivision (a)(11)(B)(i) of this section.

(A) To sell and transport beer, malt beverage, or hard cider manufactured by the microbrewery-restaurant licensee to licensed retailers in an amount not to exceed five thousand (5,000) barrels per year.

(B) (i) To sell and transport under subdivision (a)(11)(A) of this section, the microbrewery-restaurant licensee shall obtain a microbrewery-restaurant wholesale permit. (ii) The microbrewery-restaurant licensee shall pay a fee of two hundred fifty dollars ($250) per year for the microbrewery-restaurant wholesale permit under subdivision (a)(11)(B)(i) of this section.

(i) To sell and transport under subdivision (a)(11)(A) of this section, the microbrewery-restaurant licensee shall obtain a microbrewery-restaurant wholesale permit.

(ii) The microbrewery-restaurant licensee shall pay a fee of two hundred fifty dollars ($250) per year for the microbrewery-restaurant wholesale permit under subdivision (a)(11)(B)(i) of this section.

(b) The director shall not issue a microbrewery-restaurant license if the microbrewery-restaurant premises are in a dry area.

(c) (1) After July 31, 2017, the director shall not issue a microbrewery-restaurant license to a person or entity having more than five percent (5%) common ownership with a person or entity holding a license under the Arkansas Small Brewery Act, § 3-5-1401 et seq., or qualifying as a supplier under § 3-5-1102 . (2) However, the director may issue an additional microbrewery-restaurant license after July 31, 2017, to a person or entity holding a microbrewery-restaurant license as of July 31, 2017, and having more than five percent (5%) common ownership with a person or entity if the person or entity holds a license under the Arkansas Small Brewery Act, § 3-5-1401 et seq., or qualifies as a supplier under § 3-5-1102 .

(1) After July 31, 2017, the director shall not issue a microbrewery-restaurant license to a person or entity having more than five percent (5%) common ownership with a person or entity holding a license under the Arkansas Small Brewery Act, § 3-5-1401 et seq., or qualifying as a supplier under § 3-5-1102 .

(2) However, the director may issue an additional microbrewery-restaurant license after July 31, 2017, to a person or entity holding a microbrewery-restaurant license as of July 31, 2017, and having more than five percent (5%) common ownership with a person or entity if the person or entity holds a license under the Arkansas Small Brewery Act, § 3-5-1401 et seq., or qualifies as a supplier under § 3-5-1102 .

(d) A microbrewery-restaurant license holder that manufactures a ready-to-drink product shall comply with all federal laws and regulations, including without limitation obtaining a license to distill, warehouse, or process spirituous liquor issued by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury.

Amended by Act 2023, No. 207,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 169,§ 6, eff. 8/1/2023.

Amended by Act 2023, No. 169,§ 5, eff. 8/1/2023.

Amended by Act 2017, No. 865,§ 1, eff. 8/1/2017.

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

Amended by Act 2015, No. 857,§ 5, eff. 3/31/2015.

Acts 1991, No. 611, § 1; 1995, No. 491, § 3; 1997, No. 916, § 1; 1999, No. 1065, § 2; 2001, No. 805, § 1.
Ark. Code Ann. § 3-8-207 — AR Code / Title 3 / Chapter 8 / Subchapter 2 / Section 3-8-207
Mandamus of county officials
Status: in_force

Upon petition of ten (10) interested legal voters in the territory affected, filed with the circuit clerk of the county in which proceedings are pending, the circuit court shall immediately by mandamus compel the county court or other officials to perform the duties imposed upon them under the provisions of this subchapter. The circuit court shall be open at all times for the purposes of this subchapter. Init. Meas. 1942, No. 1, § 5, Acts 1943, p. 998; A.S.A. 1947, § 48-805.

Upon petition of ten (10) interested legal voters in the territory affected, filed with the circuit clerk of the county in which proceedings are pending, the circuit court shall immediately by mandamus compel the county court or other officials to perform the duties imposed upon them under the provisions of this subchapter. The circuit court shall be open at all times for the purposes of this subchapter.

Init. Meas. 1942, No. 1, § 5, Acts 1943, p. 998; A.S.A. 1947, § 48-805.
Ark. Code Ann. § 3-8-712 — AR Code / Title 3 / Chapter 8 / Subchapter 7 / Section 3-8-712
Use of state funds to oppose or support a local-option ballot measure
Status: in_force

The use of state funds under this subchapter includes expenditures for: (1) Newspaper, television, radio, and other forms of communication; (2) Publication materials; (3) Travel expenses relative to reimbursement; (4) Surveys; (5) Private contracts; and (6) Postage. Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.

The use of state funds under this subchapter includes expenditures for:

(1) Newspaper, television, radio, and other forms of communication;

(2) Publication materials;

(3) Travel expenses relative to reimbursement;

(4) Surveys;

(5) Private contracts; and

(6) Postage.

Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 3-4-704 — AR Code / Title 3 / Chapter 4 / Subchapter 7 / Section 3-4-704
Rules
Status: in_force

The Alcoholic Beverage Control Division is authorized to adopt reasonable rules to carry out the intent and provisions of this subchapter, to establish appropriate application forms, permit forms, and procedures, and to do any and all other things necessary to implement the provisions of this subchapter. Amended by Act 2019, No. 315,§ 55, eff. 7/24/2019. Acts 1989, No. 617, § 6.

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

Amended by Act 2019, No. 315,§ 55, eff. 7/24/2019.

Acts 1989, No. 617, § 6.
Ark. Code Ann. § 3-9-240 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-240
Hotel or large-event facility private club permit
Status: in_force

(a) (1) An application for a hotel or large-event facility private club permit shall be in writing and shall provide information concerning the applicant for the hotel or large-event facility private club permit and the premises to be used by the applicant as the Director of the Alcoholic Beverage Control Division requires. (2) A hotel or large-event facility private club permit may be issued only in a county or a territory of a county that does not allow the public retail sale of intoxicating liquors as provided under § 3-8-201 . (b) The application for a hotel or large-event facility private club permit shall be accompanied by a check or money order for the amount required by this section for the hotel or large-event facility private club permit. (c) A hotel or large-event facility private club permit application shall contain a description of the premises permitted and provide proof that the space leased has at least: (1) Eighty (80) lodging rooms and five thousand square feet (5,000 sq. ft.) of public meeting, banquet, or restaurant space from a hotel; or (2) Ten thousand square feet (10,000 sq. ft.) of interior or exterior public meeting, banquet, exhibit hall, or restaurant space from a large-event facility. (d) If the director grants an application for a hotel or large-event facility private club permit, he or she shall issue a hotel or large-event facility private club permit in a form as determined by the rules of the Alcoholic Beverage Control Division. (e) (1) A hotel or large-event facility private club permit authorizes the dispensing, service, and consumption of alcoholic beverages by and to members and their guests on the premises of a hotel or large-event facility private club permittee for on-premises consumption at a hotel or large-event facility leased to a hotel or large-event facility private club permittee. (2) The areas of a hotel or large-event facility that may be leased to a hotel or large-event facility private club permittee for purposes of a hotel or large-event facility private club permit include without limitation: (A) Sleeping rooms; (B) Pool-side bars; (C) Banquet facilities; (D) Restaurants; (E) Lobbies; (F) Exhibit halls; (G) Patios; and (H) Outdoor gardens. (3) Members of the hotel or large-event facility private club permittee that holds a hotel or large-event facility private club permit may move from one area to another area designated under subdivision (e)(2) of this section while consuming alcoholic beverages. (f) (1) A hotel or large-event facility that leases all or a portion of its premises to a hotel or large-event facility private club permittee shall clearly identify the areas of the hotel or large-event facility that are leased to the hotel or large-event facility private club permittee. (2) (A) Areas leased by a hotel or large-event facility private club permittee that contain articles of historic interest or art or dramatic or musical presentations shall be open to members of the hotel or large-event facility private club permittee and to nonmembers of the hotel or large-event facility private club permittee. (B) However, a person must be a member or the guest of a member of the hotel or large-event facility private club permittee to consume or possess alcoholic beverages dispensed by the hotel or large-event facility private club permittee. (3) Persons under twenty-one (21) years of age may be allowed on the premises of the hotel or large-event facility private club permittee. (4) (A) A hotel holding a hotel or large-event facility private club permit under this section may lease a sleeping room to a hotel or large-event facility private club permittee for the service of alcoholic beverages. (B) The hotel holding a hotel or large-event facility private club permit may use room service to serve the alcoholic beverage. (C) The hotel holding a hotel or large-event facility private club permit may stock the leased sleeping room with alcoholic beverages, and the hotel or large-event facility private club permittee through the hotel's employees shall inventory the alcoholic beverages in the leased sleeping room. (D) Sleeping rooms that are solely occupied by persons twenty (20) years of age and under shall not receive alcoholic beverages through room service or be stocked with alcoholic beverages. (5) A hotel or large-event facility that leases space to a hotel or large-event facility private club permittee shall provide a means of entering the hotel or large-event facility to allow a person to knowingly decide if he or she would like to become a member of the hotel or large-event facility private club permittee. (g) (1) A hotel leasing its premises to a hotel or large-event facility private club permittee may include a membership application to the hotel or large-event facility private club permittee as part of its registration materials. (2) A guest of a hotel becoming a member of the hotel or large-event facility private club permittee shall receive a membership card. (3) A hotel that includes a membership application to the hotel or large-event facility private club permittee as part of its registration materials shall retain the registration materials as required by the division. (4) A hotel or large-event facility private club permittee may refuse a membership or revoke a membership of a person that does not abide by the hotel or large-event facility private club permittee rules. (h) (1) (A) For a hotel, the application and renewal fee for a hotel or large-event facility private club permit is one thousand five hundred dollars ($1,500) per year payable on or before June 30 of each calendar year for the fiscal year beginning July 1. (B) In an area in which the sale of intoxicating liquor has not been authorized by local option as provided under § 3-8-201 et seq., the application for a hotel or large-event facility private club permit shall be accompanied by an additional application fee of one thousand five hundred dollars ($1,500). (2) The application and renewal fee for a large-event facility for a hotel or large-event facility private club permit is two thousand five hundred dollars ($2,500) per year payable on or before June 30 of each calendar year for the fiscal year beginning July 1. (i) The director shall promulgate rules to enforce this section. Amended by Act 2013, No. 1123,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 1123,§ 2, eff. 8/16/2013. Acts 2011, No. 1194, § 3.

(a) (1) An application for a hotel or large-event facility private club permit shall be in writing and shall provide information concerning the applicant for the hotel or large-event facility private club permit and the premises to be used by the applicant as the Director of the Alcoholic Beverage Control Division requires. (2) A hotel or large-event facility private club permit may be issued only in a county or a territory of a county that does not allow the public retail sale of intoxicating liquors as provided under § 3-8-201 .

(1) An application for a hotel or large-event facility private club permit shall be in writing and shall provide information concerning the applicant for the hotel or large-event facility private club permit and the premises to be used by the applicant as the Director of the Alcoholic Beverage Control Division requires.

(2) A hotel or large-event facility private club permit may be issued only in a county or a territory of a county that does not allow the public retail sale of intoxicating liquors as provided under § 3-8-201 .

(b) The application for a hotel or large-event facility private club permit shall be accompanied by a check or money order for the amount required by this section for the hotel or large-event facility private club permit.

(c) A hotel or large-event facility private club permit application shall contain a description of the premises permitted and provide proof that the space leased has at least: (1) Eighty (80) lodging rooms and five thousand square feet (5,000 sq. ft.) of public meeting, banquet, or restaurant space from a hotel; or (2) Ten thousand square feet (10,000 sq. ft.) of interior or exterior public meeting, banquet, exhibit hall, or restaurant space from a large-event facility.

(1) Eighty (80) lodging rooms and five thousand square feet (5,000 sq. ft.) of public meeting, banquet, or restaurant space from a hotel; or

(2) Ten thousand square feet (10,000 sq. ft.) of interior or exterior public meeting, banquet, exhibit hall, or restaurant space from a large-event facility.

(d) If the director grants an application for a hotel or large-event facility private club permit, he or she shall issue a hotel or large-event facility private club permit in a form as determined by the rules of the Alcoholic Beverage Control Division.

(e) (1) A hotel or large-event facility private club permit authorizes the dispensing, service, and consumption of alcoholic beverages by and to members and their guests on the premises of a hotel or large-event facility private club permittee for on-premises consumption at a hotel or large-event facility leased to a hotel or large-event facility private club permittee. (2) The areas of a hotel or large-event facility that may be leased to a hotel or large-event facility private club permittee for purposes of a hotel or large-event facility private club permit include without limitation: (A) Sleeping rooms; (B) Pool-side bars; (C) Banquet facilities; (D) Restaurants; (E) Lobbies; (F) Exhibit halls; (G) Patios; and (H) Outdoor gardens. (3) Members of the hotel or large-event facility private club permittee that holds a hotel or large-event facility private club permit may move from one area to another area designated under subdivision (e)(2) of this section while consuming alcoholic beverages.

(1) A hotel or large-event facility private club permit authorizes the dispensing, service, and consumption of alcoholic beverages by and to members and their guests on the premises of a hotel or large-event facility private club permittee for on-premises consumption at a hotel or large-event facility leased to a hotel or large-event facility private club permittee.

(2) The areas of a hotel or large-event facility that may be leased to a hotel or large-event facility private club permittee for purposes of a hotel or large-event facility private club permit include without limitation: (A) Sleeping rooms; (B) Pool-side bars; (C) Banquet facilities; (D) Restaurants; (E) Lobbies; (F) Exhibit halls; (G) Patios; and (H) Outdoor gardens.

(A) Sleeping rooms;

(B) Pool-side bars;

(C) Banquet facilities;

(D) Restaurants;

(E) Lobbies;

(F) Exhibit halls;

(G) Patios; and

(H) Outdoor gardens.

(3) Members of the hotel or large-event facility private club permittee that holds a hotel or large-event facility private club permit may move from one area to another area designated under subdivision (e)(2) of this section while consuming alcoholic beverages.

(f) (1) A hotel or large-event facility that leases all or a portion of its premises to a hotel or large-event facility private club permittee shall clearly identify the areas of the hotel or large-event facility that are leased to the hotel or large-event facility private club permittee. (2) (A) Areas leased by a hotel or large-event facility private club permittee that contain articles of historic interest or art or dramatic or musical presentations shall be open to members of the hotel or large-event facility private club permittee and to nonmembers of the hotel or large-event facility private club permittee. (B) However, a person must be a member or the guest of a member of the hotel or large-event facility private club permittee to consume or possess alcoholic beverages dispensed by the hotel or large-event facility private club permittee. (3) Persons under twenty-one (21) years of age may be allowed on the premises of the hotel or large-event facility private club permittee. (4) (A) A hotel holding a hotel or large-event facility private club permit under this section may lease a sleeping room to a hotel or large-event facility private club permittee for the service of alcoholic beverages. (B) The hotel holding a hotel or large-event facility private club permit may use room service to serve the alcoholic beverage. (C) The hotel holding a hotel or large-event facility private club permit may stock the leased sleeping room with alcoholic beverages, and the hotel or large-event facility private club permittee through the hotel's employees shall inventory the alcoholic beverages in the leased sleeping room. (D) Sleeping rooms that are solely occupied by persons twenty (20) years of age and under shall not receive alcoholic beverages through room service or be stocked with alcoholic beverages. (5) A hotel or large-event facility that leases space to a hotel or large-event facility private club permittee shall provide a means of entering the hotel or large-event facility to allow a person to knowingly decide if he or she would like to become a member of the hotel or large-event facility private club permittee.

(1) A hotel or large-event facility that leases all or a portion of its premises to a hotel or large-event facility private club permittee shall clearly identify the areas of the hotel or large-event facility that are leased to the hotel or large-event facility private club permittee.

(2) (A) Areas leased by a hotel or large-event facility private club permittee that contain articles of historic interest or art or dramatic or musical presentations shall be open to members of the hotel or large-event facility private club permittee and to nonmembers of the hotel or large-event facility private club permittee. (B) However, a person must be a member or the guest of a member of the hotel or large-event facility private club permittee to consume or possess alcoholic beverages dispensed by the hotel or large-event facility private club permittee.

(A) Areas leased by a hotel or large-event facility private club permittee that contain articles of historic interest or art or dramatic or musical presentations shall be open to members of the hotel or large-event facility private club permittee and to nonmembers of the hotel or large-event facility private club permittee.

(B) However, a person must be a member or the guest of a member of the hotel or large-event facility private club permittee to consume or possess alcoholic beverages dispensed by the hotel or large-event facility private club permittee.

(3) Persons under twenty-one (21) years of age may be allowed on the premises of the hotel or large-event facility private club permittee.

(4) (A) A hotel holding a hotel or large-event facility private club permit under this section may lease a sleeping room to a hotel or large-event facility private club permittee for the service of alcoholic beverages. (B) The hotel holding a hotel or large-event facility private club permit may use room service to serve the alcoholic beverage. (C) The hotel holding a hotel or large-event facility private club permit may stock the leased sleeping room with alcoholic beverages, and the hotel or large-event facility private club permittee through the hotel's employees shall inventory the alcoholic beverages in the leased sleeping room. (D) Sleeping rooms that are solely occupied by persons twenty (20) years of age and under shall not receive alcoholic beverages through room service or be stocked with alcoholic beverages.

(A) A hotel holding a hotel or large-event facility private club permit under this section may lease a sleeping room to a hotel or large-event facility private club permittee for the service of alcoholic beverages.

(B) The hotel holding a hotel or large-event facility private club permit may use room service to serve the alcoholic beverage.

(C) The hotel holding a hotel or large-event facility private club permit may stock the leased sleeping room with alcoholic beverages, and the hotel or large-event facility private club permittee through the hotel's employees shall inventory the alcoholic beverages in the leased sleeping room.

(D) Sleeping rooms that are solely occupied by persons twenty (20) years of age and under shall not receive alcoholic beverages through room service or be stocked with alcoholic beverages.

(5) A hotel or large-event facility that leases space to a hotel or large-event facility private club permittee shall provide a means of entering the hotel or large-event facility to allow a person to knowingly decide if he or she would like to become a member of the hotel or large-event facility private club permittee.

(g) (1) A hotel leasing its premises to a hotel or large-event facility private club permittee may include a membership application to the hotel or large-event facility private club permittee as part of its registration materials. (2) A guest of a hotel becoming a member of the hotel or large-event facility private club permittee shall receive a membership card. (3) A hotel that includes a membership application to the hotel or large-event facility private club permittee as part of its registration materials shall retain the registration materials as required by the division. (4) A hotel or large-event facility private club permittee may refuse a membership or revoke a membership of a person that does not abide by the hotel or large-event facility private club permittee rules.

(1) A hotel leasing its premises to a hotel or large-event facility private club permittee may include a membership application to the hotel or large-event facility private club permittee as part of its registration materials.

(2) A guest of a hotel becoming a member of the hotel or large-event facility private club permittee shall receive a membership card.

(3) A hotel that includes a membership application to the hotel or large-event facility private club permittee as part of its registration materials shall retain the registration materials as required by the division.

(4) A hotel or large-event facility private club permittee may refuse a membership or revoke a membership of a person that does not abide by the hotel or large-event facility private club permittee rules.

(h) (1) (A) For a hotel, the application and renewal fee for a hotel or large-event facility private club permit is one thousand five hundred dollars ($1,500) per year payable on or before June 30 of each calendar year for the fiscal year beginning July 1. (B) In an area in which the sale of intoxicating liquor has not been authorized by local option as provided under § 3-8-201 et seq., the application for a hotel or large-event facility private club permit shall be accompanied by an additional application fee of one thousand five hundred dollars ($1,500). (2) The application and renewal fee for a large-event facility for a hotel or large-event facility private club permit is two thousand five hundred dollars ($2,500) per year payable on or before June 30 of each calendar year for the fiscal year beginning July 1.

(1) (A) For a hotel, the application and renewal fee for a hotel or large-event facility private club permit is one thousand five hundred dollars ($1,500) per year payable on or before June 30 of each calendar year for the fiscal year beginning July 1. (B) In an area in which the sale of intoxicating liquor has not been authorized by local option as provided under § 3-8-201 et seq., the application for a hotel or large-event facility private club permit shall be accompanied by an additional application fee of one thousand five hundred dollars ($1,500).

(A) For a hotel, the application and renewal fee for a hotel or large-event facility private club permit is one thousand five hundred dollars ($1,500) per year payable on or before June 30 of each calendar year for the fiscal year beginning July 1.

(B) In an area in which the sale of intoxicating liquor has not been authorized by local option as provided under § 3-8-201 et seq., the application for a hotel or large-event facility private club permit shall be accompanied by an additional application fee of one thousand five hundred dollars ($1,500).

(2) The application and renewal fee for a large-event facility for a hotel or large-event facility private club permit is two thousand five hundred dollars ($2,500) per year payable on or before June 30 of each calendar year for the fiscal year beginning July 1.

(i) The director shall promulgate rules to enforce this section.

Amended by Act 2013, No. 1123,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 1123,§ 2, eff. 8/16/2013.

Acts 2011, No. 1194, § 3.
Ark. Code Ann. § 3-5-1903 — AR Code / Title 3 / Chapter 5 / Subchapter 19 / Section 3-5-1903
Microbrewery-restaurant private club - Procedure for obtaining permit
Status: in_force

(a) A microbrewery-restaurant private club applicant may apply to obtain a microbrewery-restaurant private club through the procedures provided under § 3-9-222 . (b) (1) The application for a microbrewery-restaurant private club shall be submitted to the Alcoholic Beverage Control Division and accompanied by an annual permit fee of one thousand five hundred dollars ($1,500). (2) In an area in which the sale of alcoholic beverages is not authorized by local option under § 3-8-201 et seq., the application for a microbrewery-restaurant private club permit shall be accompanied by an additional application fee of one thousand five hundred dollars ($1,500). (c) (1) After filing an acceptable application with the Director of the Alcoholic Beverage Control Division, the applicant shall publish at least one (1) time each week for four (4) consecutive weeks in a legal newspaper of general circulation in the city in which the premises are situated or, if the premises are not in a city, in a newspaper of general circulation for the locality where the business is to be conducted, a notice that the applicant has applied for a permit to dispense alcoholic beverages on the premises. (2) The notice shall be: (A) In such form as the director prescribes; and (B) Verified. (3) The notice shall list the name of the business owner and the managing agent, as applicable, and shall state: (A) That the manager, owner, at least one (1) partner, or the majority stockholder is a resident of Arkansas; (B) That he or she is of good moral character; (C) That he or she has never been convicted of a felony; (D) That he or she has never had a permit to sell or dispense alcoholic beverages revoked within the five (5) years preceding the date of the notice; and (E) That he or she has never been convicted of violating the laws of this state or of any other state governing the sale or dispensing of alcoholic beverages. (d) (1) Within five (5) days after filing an application for a permit to dispense alcoholic beverages on the premises, a notice of the application shall be posted in a conspicuous place at the entrance to the planned premises. (2) The applicant shall notify the director of the date when the notice is first posted. (3) A permit shall not be issued to an applicant until proper notice has been posted on the premises for at least thirty (30) consecutive days. (4) The notice shall be in such form as the director shall prescribe and shall be: (A) At least eleven inches (11") in width and seventeen inches (17") in height; and (B) Printed in black lettering on a yellow background. (e) (1) Upon receipt of an application for a permit and notification of the posted notice as required under subsection (d) of this section, the director shall immediately mail a copy of the application to the sheriff, chief of police, if located within a city, prosecuting attorney of the locality in which the premises are situated, and city board of directors or other governing body of the city in which the premises are located. (2) A permit shall not be issued by the director under this section until at least thirty (30) days have passed from the mailing of the notices required by this section. (3) If the director receives notification of an objection to the issuance of a permit from a governing official of the city or county within the thirty (30) days required under subdivision (d)(3) of this section, the director shall not issue the permit until he or she has held a public hearing. (f) The director may issue a permit as authorized in this section upon determination that the applicant is qualified and that the application is in the public interest. Added by Act 2019, No. 681,§ 1, eff. 7/24/2019.

(a) A microbrewery-restaurant private club applicant may apply to obtain a microbrewery-restaurant private club through the procedures provided under § 3-9-222 .

(b) (1) The application for a microbrewery-restaurant private club shall be submitted to the Alcoholic Beverage Control Division and accompanied by an annual permit fee of one thousand five hundred dollars ($1,500). (2) In an area in which the sale of alcoholic beverages is not authorized by local option under § 3-8-201 et seq., the application for a microbrewery-restaurant private club permit shall be accompanied by an additional application fee of one thousand five hundred dollars ($1,500).

(1) The application for a microbrewery-restaurant private club shall be submitted to the Alcoholic Beverage Control Division and accompanied by an annual permit fee of one thousand five hundred dollars ($1,500).

(2) In an area in which the sale of alcoholic beverages is not authorized by local option under § 3-8-201 et seq., the application for a microbrewery-restaurant private club permit shall be accompanied by an additional application fee of one thousand five hundred dollars ($1,500).

(c) (1) After filing an acceptable application with the Director of the Alcoholic Beverage Control Division, the applicant shall publish at least one (1) time each week for four (4) consecutive weeks in a legal newspaper of general circulation in the city in which the premises are situated or, if the premises are not in a city, in a newspaper of general circulation for the locality where the business is to be conducted, a notice that the applicant has applied for a permit to dispense alcoholic beverages on the premises. (2) The notice shall be: (A) In such form as the director prescribes; and (B) Verified. (3) The notice shall list the name of the business owner and the managing agent, as applicable, and shall state: (A) That the manager, owner, at least one (1) partner, or the majority stockholder is a resident of Arkansas; (B) That he or she is of good moral character; (C) That he or she has never been convicted of a felony; (D) That he or she has never had a permit to sell or dispense alcoholic beverages revoked within the five (5) years preceding the date of the notice; and (E) That he or she has never been convicted of violating the laws of this state or of any other state governing the sale or dispensing of alcoholic beverages.

(1) After filing an acceptable application with the Director of the Alcoholic Beverage Control Division, the applicant shall publish at least one (1) time each week for four (4) consecutive weeks in a legal newspaper of general circulation in the city in which the premises are situated or, if the premises are not in a city, in a newspaper of general circulation for the locality where the business is to be conducted, a notice that the applicant has applied for a permit to dispense alcoholic beverages on the premises.

(2) The notice shall be: (A) In such form as the director prescribes; and (B) Verified.

(A) In such form as the director prescribes; and

(B) Verified.

(3) The notice shall list the name of the business owner and the managing agent, as applicable, and shall state: (A) That the manager, owner, at least one (1) partner, or the majority stockholder is a resident of Arkansas; (B) That he or she is of good moral character; (C) That he or she has never been convicted of a felony; (D) That he or she has never had a permit to sell or dispense alcoholic beverages revoked within the five (5) years preceding the date of the notice; and (E) That he or she has never been convicted of violating the laws of this state or of any other state governing the sale or dispensing of alcoholic beverages.

(A) That the manager, owner, at least one (1) partner, or the majority stockholder is a resident of Arkansas;

(B) That he or she is of good moral character;

(C) That he or she has never been convicted of a felony;

(D) That he or she has never had a permit to sell or dispense alcoholic beverages revoked within the five (5) years preceding the date of the notice; and

(E) That he or she has never been convicted of violating the laws of this state or of any other state governing the sale or dispensing of alcoholic beverages.

(d) (1) Within five (5) days after filing an application for a permit to dispense alcoholic beverages on the premises, a notice of the application shall be posted in a conspicuous place at the entrance to the planned premises. (2) The applicant shall notify the director of the date when the notice is first posted. (3) A permit shall not be issued to an applicant until proper notice has been posted on the premises for at least thirty (30) consecutive days. (4) The notice shall be in such form as the director shall prescribe and shall be: (A) At least eleven inches (11") in width and seventeen inches (17") in height; and (B) Printed in black lettering on a yellow background.

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

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

(3) A permit shall not be issued to an applicant until proper notice has been posted on the premises for at least thirty (30) consecutive days.

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

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

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

(e) (1) Upon receipt of an application for a permit and notification of the posted notice as required under subsection (d) of this section, the director shall immediately mail a copy of the application to the sheriff, chief of police, if located within a city, prosecuting attorney of the locality in which the premises are situated, and city board of directors or other governing body of the city in which the premises are located. (2) A permit shall not be issued by the director under this section until at least thirty (30) days have passed from the mailing of the notices required by this section. (3) If the director receives notification of an objection to the issuance of a permit from a governing official of the city or county within the thirty (30) days required under subdivision (d)(3) of this section, the director shall not issue the permit until he or she has held a public hearing.

(1) Upon receipt of an application for a permit and notification of the posted notice as required under subsection (d) of this section, the director shall immediately mail a copy of the application to the sheriff, chief of police, if located within a city, prosecuting attorney of the locality in which the premises are situated, and city board of directors or other governing body of the city in which the premises are located.

(2) A permit shall not be issued by the director under this section until at least thirty (30) days have passed from the mailing of the notices required by this section.

(3) If the director receives notification of an objection to the issuance of a permit from a governing official of the city or county within the thirty (30) days required under subdivision (d)(3) of this section, the director shall not issue the permit until he or she has held a public hearing.

(f) The director may issue a permit as authorized in this section upon determination that the applicant is qualified and that the application is in the public interest.

Added by Act 2019, No. 681,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 3-5-107 — AR Code / Title 3 / Chapter 5 / Subchapter 1 / Section 3-5-107
Unlawful pricing by brewers and manufacturers
Status: in_force

(a) As used in this section, "discriminate" means the granting of a more favorable price, allowance, rebate, refund, commission, or discount to one (1) Arkansas distributor or wholesaler than to another Arkansas distributor or wholesaler. (b) It is unlawful for: (1) A brewer, manufacturer, or other person, firm, or corporation engaging in the business of selling beer, ale, or other malt beverage or malt cooler to a distributor or wholesaler to discriminate in price, allowance, rebate, refund, commission, or discount between distributors or wholesalers licensed in Arkansas; or (2) (A) A brewer, manufacturer, or other person, firm, or corporation engaged in the business of selling beer, ale, or other malt beverage or malt cooler to a distributor or wholesaler to sell or deliver beer, ale, or other malt beverage or malt cooler to a licensed distributor or wholesaler unless the brewer, manufacturer, person, firm, or corporation files the brewery or dock price of the beer, ale, or other malt beverage or malt cooler by brand and container size with the Director of the Alcoholic Beverage Control Division. (B) A brewery or dock price schedule increase shall not take effect until fourteen (14) days after receipt of the brewery or dock price schedule by the director. (C) A brewery or dock price schedule decrease shall not take effect until two (2) days after receipt of the brewery or dock price schedule by the director. (c) A violation of this section by a brewer, manufacturer, or other person, firm, or corporation engaging in the business of selling beer, ale, or other malt beverage or malt cooler to a distributor or wholesaler is grounds for denial or suspension of the license of the brewer, manufacturer, or other person, firm, or corporation engaging in the business of selling beer, ale, or other malt beverage or malt cooler to a distributor or wholesaler or other penalties as determined by the director under § 3-2-212 . (d) The director shall adopt rules to implement this section. Acts 2009, No. 783, § 1.

(a) As used in this section, "discriminate" means the granting of a more favorable price, allowance, rebate, refund, commission, or discount to one (1) Arkansas distributor or wholesaler than to another Arkansas distributor or wholesaler.

(b) It is unlawful for: (1) A brewer, manufacturer, or other person, firm, or corporation engaging in the business of selling beer, ale, or other malt beverage or malt cooler to a distributor or wholesaler to discriminate in price, allowance, rebate, refund, commission, or discount between distributors or wholesalers licensed in Arkansas; or (2) (A) A brewer, manufacturer, or other person, firm, or corporation engaged in the business of selling beer, ale, or other malt beverage or malt cooler to a distributor or wholesaler to sell or deliver beer, ale, or other malt beverage or malt cooler to a licensed distributor or wholesaler unless the brewer, manufacturer, person, firm, or corporation files the brewery or dock price of the beer, ale, or other malt beverage or malt cooler by brand and container size with the Director of the Alcoholic Beverage Control Division. (B) A brewery or dock price schedule increase shall not take effect until fourteen (14) days after receipt of the brewery or dock price schedule by the director. (C) A brewery or dock price schedule decrease shall not take effect until two (2) days after receipt of the brewery or dock price schedule by the director.

(1) A brewer, manufacturer, or other person, firm, or corporation engaging in the business of selling beer, ale, or other malt beverage or malt cooler to a distributor or wholesaler to discriminate in price, allowance, rebate, refund, commission, or discount between distributors or wholesalers licensed in Arkansas; or

(2) (A) A brewer, manufacturer, or other person, firm, or corporation engaged in the business of selling beer, ale, or other malt beverage or malt cooler to a distributor or wholesaler to sell or deliver beer, ale, or other malt beverage or malt cooler to a licensed distributor or wholesaler unless the brewer, manufacturer, person, firm, or corporation files the brewery or dock price of the beer, ale, or other malt beverage or malt cooler by brand and container size with the Director of the Alcoholic Beverage Control Division. (B) A brewery or dock price schedule increase shall not take effect until fourteen (14) days after receipt of the brewery or dock price schedule by the director. (C) A brewery or dock price schedule decrease shall not take effect until two (2) days after receipt of the brewery or dock price schedule by the director.

(A) A brewer, manufacturer, or other person, firm, or corporation engaged in the business of selling beer, ale, or other malt beverage or malt cooler to a distributor or wholesaler to sell or deliver beer, ale, or other malt beverage or malt cooler to a licensed distributor or wholesaler unless the brewer, manufacturer, person, firm, or corporation files the brewery or dock price of the beer, ale, or other malt beverage or malt cooler by brand and container size with the Director of the Alcoholic Beverage Control Division.

(B) A brewery or dock price schedule increase shall not take effect until fourteen (14) days after receipt of the brewery or dock price schedule by the director.

(C) A brewery or dock price schedule decrease shall not take effect until two (2) days after receipt of the brewery or dock price schedule by the director.

(c) A violation of this section by a brewer, manufacturer, or other person, firm, or corporation engaging in the business of selling beer, ale, or other malt beverage or malt cooler to a distributor or wholesaler is grounds for denial or suspension of the license of the brewer, manufacturer, or other person, firm, or corporation engaging in the business of selling beer, ale, or other malt beverage or malt cooler to a distributor or wholesaler or other penalties as determined by the director under § 3-2-212 .

(d) The director shall adopt rules to implement this section.

Acts 2009, No. 783, § 1.
Ark. Code Ann. § 3-5-1405 — AR Code / Title 3 / Chapter 5 / Subchapter 14 / Section 3-5-1405
Licenses - Scope - Restrictions
Status: in_force

(a) The Director of the Alcoholic Beverage Control Division may issue a license for a licensee to operate a small brewery that: (1) Manufactures at its licensed facility no less than thirty-five percent (35%) of its beer, malt beverages, and hard cider to be sold in the state and no more than forty-five thousand (45,000) barrels per year; (2) Sells to wholesale or to the consumer at the small brewery premises for consumption, either on or off the premises, brand name products of the licensed facility; (3) Stores any beer, malt beverages, and hard cider legally purchased for resale on the premises and on the premises of the one (1) separate brewing facility of a small brewery authorized under subdivision (a)(9) of this section; (4) Serves on the premises: (A) Complimentary samples of beer produced by the small brewery; and (B) (i) Spirituous liquors for on-premises consumption in a taproom under the license of the small brewery. (ii) Subdivision (a)(4)(B)(i) of this section authorizing on-premises consumption is effective only in cities and counties, or portions of cities and counties, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held under Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as provided in this chapter; (5) Sells: (A) At retail, by the drink or by the package, beer produced on the premises of the small brewery if all sales occur in a wet territory; or (B) (i) At fairs and food and beer festivals with the permission and the consent of the management of the events. (ii) A sales and use tax permit also is required for sales under subdivision (a)(5)(B)(i) of this section; (6) (A) (i) Sells and transports: (a) Beer produced on the premises of the small brewery to wholesale and small brewery license holders; (b) Beer, malt beverages, and hard cider produced on the premises of the small brewery to retail license holders and small brewery license holders if the total production of the permitted brewery does not exceed fifteen thousand (15,000) barrels per year from all facilities under common ownership with the small brewery. (ii) Each permitted brewery shall submit documentation of production each year to renew the permit with the Alcoholic Beverage Control Division. (iii) A small brewery may distribute no more than fifteen thousand (15,000) barrels per year. (B) (i) To sell and transport beer under subdivision (a)(6)(A) of this section, the small brewery license holder shall obtain a small brewery wholesale permit. (ii) The small brewery license holder shall pay a fee of two hundred fifty dollars ($250) per year for the permit under subdivision (a)(6)(B)(i) of this section; (7) Sells for consumption on the premises of the small brewery: (A) Beer produced by the small brewery or another small brewery; (B) Wine; or (C) Hard cider; (8) Operates no more than two (2) small brewery tap rooms; and (9) (A) Maintains one (1) separate brewing facility for the production or storage of beer, malt liquor, or hard cider as needed to meet demand, except that each facility used by the small brewery licensee shall not in the aggregate produce more than forty-five thousand (45,000) barrels of beer, malt beverage, and hard cider per year. (B) Beer, malt beverage, and hard cider produced by a separate brewing facility of a small brewery licensee shall be: (i) Sold to a licensed wholesaler; or (ii) Transported: (a) From the separate brewing facility to a small brewery commonly owned by the owner of the separate brewing facility for retail sale for consumption on or off the licensed premises; and (b) To the separate brewing facility from a small brewery commonly owned by the owner of the separate brewing facility for storage, production, or packaging. (b) Notwithstanding the provisions of any other law to the contrary, beer, malt beverages, and hard cider may be sold for on-premises or off-premises consumption during all legal operating hours in which business is normally and legally conducted on the premises, if: (1) The brewery provides tours through its facility; and (2) Only sealed containers are removed from the premises. (c) (1) A small brewery may provide beer, malt beverages, and hard cider it manufactures to charitable or nonprofit organizations or sell for resale beer, malt beverages, and hard cider it manufactures to charitable or nonprofit organizations holding valid special event permits issued by the Alcoholic Beverage Control Board. (2) The sale of those products is limited to the duration of the particular special event. (d) After July 31, 2017, the director shall not issue a small brewery license to a person or entity having more than five percent (5%) common ownership with a person or entity holding a license under this subchapter or qualifying as a supplier under § 3-5-1102 , except as permitted under § 3-5-1204(c) . Amended by Act 2019, No. 691,§ 16, eff. 7/24/2019. Amended by Act 2017, No. 950,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 865,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 1237,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 857,§ 9, eff. 3/31/2015. Acts 2003, No. 1805, § 5; 2009, No. 1459, § 2.

(a) The Director of the Alcoholic Beverage Control Division may issue a license for a licensee to operate a small brewery that: (1) Manufactures at its licensed facility no less than thirty-five percent (35%) of its beer, malt beverages, and hard cider to be sold in the state and no more than forty-five thousand (45,000) barrels per year; (2) Sells to wholesale or to the consumer at the small brewery premises for consumption, either on or off the premises, brand name products of the licensed facility; (3) Stores any beer, malt beverages, and hard cider legally purchased for resale on the premises and on the premises of the one (1) separate brewing facility of a small brewery authorized under subdivision (a)(9) of this section; (4) Serves on the premises: (A) Complimentary samples of beer produced by the small brewery; and (B) (i) Spirituous liquors for on-premises consumption in a taproom under the license of the small brewery. (ii) Subdivision (a)(4)(B)(i) of this section authorizing on-premises consumption is effective only in cities and counties, or portions of cities and counties, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held under Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as provided in this chapter; (5) Sells: (A) At retail, by the drink or by the package, beer produced on the premises of the small brewery if all sales occur in a wet territory; or (B) (i) At fairs and food and beer festivals with the permission and the consent of the management of the events. (ii) A sales and use tax permit also is required for sales under subdivision (a)(5)(B)(i) of this section; (6) (A) (i) Sells and transports: (a) Beer produced on the premises of the small brewery to wholesale and small brewery license holders; (b) Beer, malt beverages, and hard cider produced on the premises of the small brewery to retail license holders and small brewery license holders if the total production of the permitted brewery does not exceed fifteen thousand (15,000) barrels per year from all facilities under common ownership with the small brewery. (ii) Each permitted brewery shall submit documentation of production each year to renew the permit with the Alcoholic Beverage Control Division. (iii) A small brewery may distribute no more than fifteen thousand (15,000) barrels per year. (B) (i) To sell and transport beer under subdivision (a)(6)(A) of this section, the small brewery license holder shall obtain a small brewery wholesale permit. (ii) The small brewery license holder shall pay a fee of two hundred fifty dollars ($250) per year for the permit under subdivision (a)(6)(B)(i) of this section; (7) Sells for consumption on the premises of the small brewery: (A) Beer produced by the small brewery or another small brewery; (B) Wine; or (C) Hard cider; (8) Operates no more than two (2) small brewery tap rooms; and (9) (A) Maintains one (1) separate brewing facility for the production or storage of beer, malt liquor, or hard cider as needed to meet demand, except that each facility used by the small brewery licensee shall not in the aggregate produce more than forty-five thousand (45,000) barrels of beer, malt beverage, and hard cider per year. (B) Beer, malt beverage, and hard cider produced by a separate brewing facility of a small brewery licensee shall be: (i) Sold to a licensed wholesaler; or (ii) Transported: (a) From the separate brewing facility to a small brewery commonly owned by the owner of the separate brewing facility for retail sale for consumption on or off the licensed premises; and (b) To the separate brewing facility from a small brewery commonly owned by the owner of the separate brewing facility for storage, production, or packaging.

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

(2) Sells to wholesale or to the consumer at the small brewery premises for consumption, either on or off the premises, brand name products of the licensed facility;

(3) Stores any beer, malt beverages, and hard cider legally purchased for resale on the premises and on the premises of the one (1) separate brewing facility of a small brewery authorized under subdivision (a)(9) of this section;

(4) Serves on the premises: (A) Complimentary samples of beer produced by the small brewery; and (B) (i) Spirituous liquors for on-premises consumption in a taproom under the license of the small brewery. (ii) Subdivision (a)(4)(B)(i) of this section authorizing on-premises consumption is effective only in cities and counties, or portions of cities and counties, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held under Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as provided in this chapter;

(A) Complimentary samples of beer produced by the small brewery; and

(B) (i) Spirituous liquors for on-premises consumption in a taproom under the license of the small brewery. (ii) Subdivision (a)(4)(B)(i) of this section authorizing on-premises consumption is effective only in cities and counties, or portions of cities and counties, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held under Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as provided in this chapter;

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

(ii) Subdivision (a)(4)(B)(i) of this section authorizing on-premises consumption is effective only in cities and counties, or portions of cities and counties, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held under Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as provided in this chapter;

(5) Sells: (A) At retail, by the drink or by the package, beer produced on the premises of the small brewery if all sales occur in a wet territory; or (B) (i) At fairs and food and beer festivals with the permission and the consent of the management of the events. (ii) A sales and use tax permit also is required for sales under subdivision (a)(5)(B)(i) of this section;

(A) At retail, by the drink or by the package, beer produced on the premises of the small brewery if all sales occur in a wet territory; or

(B) (i) At fairs and food and beer festivals with the permission and the consent of the management of the events. (ii) A sales and use tax permit also is required for sales under subdivision (a)(5)(B)(i) of this section;

(i) At fairs and food and beer festivals with the permission and the consent of the management of the events.

(ii) A sales and use tax permit also is required for sales under subdivision (a)(5)(B)(i) of this section;

(6) (A) (i) Sells and transports: (a) Beer produced on the premises of the small brewery to wholesale and small brewery license holders; (b) Beer, malt beverages, and hard cider produced on the premises of the small brewery to retail license holders and small brewery license holders if the total production of the permitted brewery does not exceed fifteen thousand (15,000) barrels per year from all facilities under common ownership with the small brewery. (ii) Each permitted brewery shall submit documentation of production each year to renew the permit with the Alcoholic Beverage Control Division. (iii) A small brewery may distribute no more than fifteen thousand (15,000) barrels per year. (B) (i) To sell and transport beer under subdivision (a)(6)(A) of this section, the small brewery license holder shall obtain a small brewery wholesale permit. (ii) The small brewery license holder shall pay a fee of two hundred fifty dollars ($250) per year for the permit under subdivision (a)(6)(B)(i) of this section;

(A) (i) Sells and transports: (a) Beer produced on the premises of the small brewery to wholesale and small brewery license holders; (b) Beer, malt beverages, and hard cider produced on the premises of the small brewery to retail license holders and small brewery license holders if the total production of the permitted brewery does not exceed fifteen thousand (15,000) barrels per year from all facilities under common ownership with the small brewery. (ii) Each permitted brewery shall submit documentation of production each year to renew the permit with the Alcoholic Beverage Control Division. (iii) A small brewery may distribute no more than fifteen thousand (15,000) barrels per year.

(i) Sells and transports: (a) Beer produced on the premises of the small brewery to wholesale and small brewery license holders; (b) Beer, malt beverages, and hard cider produced on the premises of the small brewery to retail license holders and small brewery license holders if the total production of the permitted brewery does not exceed fifteen thousand (15,000) barrels per year from all facilities under common ownership with the small brewery.

(a) Beer produced on the premises of the small brewery to wholesale and small brewery license holders;

(b) Beer, malt beverages, and hard cider produced on the premises of the small brewery to retail license holders and small brewery license holders if the total production of the permitted brewery does not exceed fifteen thousand (15,000) barrels per year from all facilities under common ownership with the small brewery.

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

(iii) A small brewery may distribute no more than fifteen thousand (15,000) barrels per year.

(B) (i) To sell and transport beer under subdivision (a)(6)(A) of this section, the small brewery license holder shall obtain a small brewery wholesale permit. (ii) The small brewery license holder shall pay a fee of two hundred fifty dollars ($250) per year for the permit under subdivision (a)(6)(B)(i) of this section;

(i) To sell and transport beer under subdivision (a)(6)(A) of this section, the small brewery license holder shall obtain a small brewery wholesale permit.

(ii) The small brewery license holder shall pay a fee of two hundred fifty dollars ($250) per year for the permit under subdivision (a)(6)(B)(i) of this section;

(7) Sells for consumption on the premises of the small brewery: (A) Beer produced by the small brewery or another small brewery; (B) Wine; or (C) Hard cider;

(A) Beer produced by the small brewery or another small brewery;

(B) Wine; or

(C) Hard cider;

(8) Operates no more than two (2) small brewery tap rooms; and

(9) (A) Maintains one (1) separate brewing facility for the production or storage of beer, malt liquor, or hard cider as needed to meet demand, except that each facility used by the small brewery licensee shall not in the aggregate produce more than forty-five thousand (45,000) barrels of beer, malt beverage, and hard cider per year. (B) Beer, malt beverage, and hard cider produced by a separate brewing facility of a small brewery licensee shall be: (i) Sold to a licensed wholesaler; or (ii) Transported: (a) From the separate brewing facility to a small brewery commonly owned by the owner of the separate brewing facility for retail sale for consumption on or off the licensed premises; and (b) To the separate brewing facility from a small brewery commonly owned by the owner of the separate brewing facility for storage, production, or packaging.

(A) Maintains one (1) separate brewing facility for the production or storage of beer, malt liquor, or hard cider as needed to meet demand, except that each facility used by the small brewery licensee shall not in the aggregate produce more than forty-five thousand (45,000) barrels of beer, malt beverage, and hard cider per year.

(B) Beer, malt beverage, and hard cider produced by a separate brewing facility of a small brewery licensee shall be: (i) Sold to a licensed wholesaler; or (ii) Transported: (a) From the separate brewing facility to a small brewery commonly owned by the owner of the separate brewing facility for retail sale for consumption on or off the licensed premises; and (b) To the separate brewing facility from a small brewery commonly owned by the owner of the separate brewing facility for storage, production, or packaging.

(i) Sold to a licensed wholesaler; or

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

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

(b) To the separate brewing facility from a small brewery commonly owned by the owner of the separate brewing facility for storage, production, or packaging.

(b) Notwithstanding the provisions of any other law to the contrary, beer, malt beverages, and hard cider may be sold for on-premises or off-premises consumption during all legal operating hours in which business is normally and legally conducted on the premises, if: (1) The brewery provides tours through its facility; and (2) Only sealed containers are removed from the premises.

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

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

(c) (1) A small brewery may provide beer, malt beverages, and hard cider it manufactures to charitable or nonprofit organizations or sell for resale beer, malt beverages, and hard cider it manufactures to charitable or nonprofit organizations holding valid special event permits issued by the Alcoholic Beverage Control Board. (2) The sale of those products is limited to the duration of the particular special event.

(1) A small brewery may provide beer, malt beverages, and hard cider it manufactures to charitable or nonprofit organizations or sell for resale beer, malt beverages, and hard cider it manufactures to charitable or nonprofit organizations holding valid special event permits issued by the Alcoholic Beverage Control Board.

(2) The sale of those products is limited to the duration of the particular special event.

(d) After July 31, 2017, the director shall not issue a small brewery license to a person or entity having more than five percent (5%) common ownership with a person or entity holding a license under this subchapter or qualifying as a supplier under § 3-5-1102 , except as permitted under § 3-5-1204(c) .

Amended by Act 2019, No. 691,§ 16, eff. 7/24/2019.

Amended by Act 2017, No. 950,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 865,§ 2, eff. 8/1/2017.

Amended by Act 2015, No. 1237,§ 3, eff. 7/22/2015.

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

Acts 2003, No. 1805, § 5; 2009, No. 1459, § 2.
Ark. Code Ann. § 3-5-1202 — AR Code / Title 3 / Chapter 5 / Subchapter 12 / Section 3-5-1202
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Barrel" means thirty-one gallons (31 gals.); (2) "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; (3) "Beer, malt beverage, hard cider, or ready-to-drink product law or rule" means any law of this state, or any rule promulgated and adopted with respect thereto, that is: (A) Applicable to a person applying for or holding a license to manufacture beer, malt beverage, hard cider, or ready-to-drink product; or (B) Applicable to a person applying for or holding a license to sell beer, malt beverage, hard cider, or ready-to-drink product in a restaurant for consumption on or off the licensed premises; (4) "Board" means the Alcoholic Beverage Control Board of this state, or its successor agency; (5) "Conflicting beer, malt beverage, hard cider, or ready-to-drink product law or rule" means any beer, malt beverage, hard cider, or ready-to-drink product law or rule that prohibits or conflicts with the otherwise legal licensing and operation of microbrewery-restaurants, as authorized in this subchapter, by requiring any brewer to sell only to a licensed wholesaler, or requiring any licensed retailer to sell only beer, malt beverage, hard cider, or ready-to-drink product purchased from a licensed wholesaler, or prohibiting any brewer or retailer from having any ownership or employment interest in the business of the other or the premises of the other, or requiring that the excise and enforcement tax on beer, malt beverage, hard cider, or ready-to-drink product manufactured by a brewer be paid by a licensed wholesaler, or any beer, malt beverage, hard cider, or ready-to-drink product law or rule of similar direct or indirect effect; (6) "Director" means the Director of the Alcoholic Beverage Control Division of this state, or its successor agency; (7) "Dry area" means any area in this state in which the manufacture or sale of beer is prohibited by a local-option election heretofore or hereafter held pursuant to applicable laws of this state; (8) "Federal regulations" means regulations adopted by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives applicable to and consistent with a microbrewery-restaurant operation as authorized in this subchapter, incorporated herein by this reference, including, but not limited to, 27 C.F.R. Part 25, § 25.25 ; (9) "Malt beverage" means any liquor brewed from the fermented juices of grain and having an alcoholic content of not less than five percent (5%) nor more than twenty-one percent (21%) by weight; (10) "Person" means any natural person, partnership, association, or corporation; (11) "Ready-to-drink product" means a product containing spirituous liquor with a final finished product of no greater than fifteen percent (15%) alcohol by weight; and (12) "Restaurant" means any public or private place which 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, such place being provided with adequate and sanitary kitchen and dining equipment and a seating capacity of at least fifty (50) people and having employed a sufficient number and kind of employees to prepare, cook, and serve suitable food for its guests or members. At least one (1) meal per day shall be served, and the place shall be open a minimum of five (5) days per week, with the exception of holidays, vacations, and periods of redecorating. Amended by Act 2023, No. 169,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 169,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 169,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 77, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 76, eff. 7/24/2019. Acts 1991, No. 611, § 1; 1995, No. 491, § 1.

As used in this subchapter, unless the context otherwise requires:

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

(2) "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;

(3) "Beer, malt beverage, hard cider, or ready-to-drink product law or rule" means any law of this state, or any rule promulgated and adopted with respect thereto, that is: (A) Applicable to a person applying for or holding a license to manufacture beer, malt beverage, hard cider, or ready-to-drink product; or (B) Applicable to a person applying for or holding a license to sell beer, malt beverage, hard cider, or ready-to-drink product in a restaurant for consumption on or off the licensed premises;

(A) Applicable to a person applying for or holding a license to manufacture beer, malt beverage, hard cider, or ready-to-drink product; or

(B) Applicable to a person applying for or holding a license to sell beer, malt beverage, hard cider, or ready-to-drink product in a restaurant for consumption on or off the licensed premises;

(4) "Board" means the Alcoholic Beverage Control Board of this state, or its successor agency;

(5) "Conflicting beer, malt beverage, hard cider, or ready-to-drink product law or rule" means any beer, malt beverage, hard cider, or ready-to-drink product law or rule that prohibits or conflicts with the otherwise legal licensing and operation of microbrewery-restaurants, as authorized in this subchapter, by requiring any brewer to sell only to a licensed wholesaler, or requiring any licensed retailer to sell only beer, malt beverage, hard cider, or ready-to-drink product purchased from a licensed wholesaler, or prohibiting any brewer or retailer from having any ownership or employment interest in the business of the other or the premises of the other, or requiring that the excise and enforcement tax on beer, malt beverage, hard cider, or ready-to-drink product manufactured by a brewer be paid by a licensed wholesaler, or any beer, malt beverage, hard cider, or ready-to-drink product law or rule of similar direct or indirect effect;

(6) "Director" means the Director of the Alcoholic Beverage Control Division of this state, or its successor agency;

(7) "Dry area" means any area in this state in which the manufacture or sale of beer is prohibited by a local-option election heretofore or hereafter held pursuant to applicable laws of this state;

(8) "Federal regulations" means regulations adopted by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives applicable to and consistent with a microbrewery-restaurant operation as authorized in this subchapter, incorporated herein by this reference, including, but not limited to, 27 C.F.R. Part 25, § 25.25 ;

(9) "Malt beverage" means any liquor brewed from the fermented juices of grain and having an alcoholic content of not less than five percent (5%) nor more than twenty-one percent (21%) by weight;

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

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

(12) "Restaurant" means any public or private place which 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, such place being provided with adequate and sanitary kitchen and dining equipment and a seating capacity of at least fifty (50) people and having employed a sufficient number and kind of employees to prepare, cook, and serve suitable food for its guests or members. At least one (1) meal per day shall be served, and the place shall be open a minimum of five (5) days per week, with the exception of holidays, vacations, and periods of redecorating.

Amended by Act 2023, No. 169,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 169,§ 2, eff. 8/1/2023.

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

Amended by Act 2019, No. 315,§ 77, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 76, eff. 7/24/2019.

Acts 1991, No. 611, § 1; 1995, No. 491, § 1.
Ark. Code Ann. § 3-5-1710 — AR Code / Title 3 / Chapter 5 / Subchapter 17 / Section 3-5-1710
Permits - Drawing - Issuance
Status: in_force

(a) (1) Within sixty (60) days after April 3, 2017, the Alcoholic Beverage Control Board shall notify by mail all small farm wineries licensed under § 3-5-1602 and holding a small farm wine wholesale permit under § 3-5-1602(c)(1)(E) issued on or before April 15, 2017, that they are eligible for a small farm winery private-resident shipping permit if the winery produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year as shown on the winery's TTB F 5120-17. (2) The board shall issue a small farm winery private-resident shipping permit to a small farm winery holding a small farm wine wholesale permit under § 3-5-1602(c)(1)(E) issued on or before April 15, 2017, upon receipt of the following: (A) Proof that the winery produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year as shown on the winery's TTB F 5120-17; and (B) Payment of a licensing fee of twenty-five dollars ($25.00). (b) (1) In each subsequent year, the board may issue up to five (5) small farm winery private-resident shipping permits to small farm wineries licensed under § 3-5-1602 and holding a small farm wine wholesale permit under § 3-5-1602(c)(1)(E) issued after April 15, 2017, if the winery produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year as shown on the winery's TTB F 5120-17. (2) The board shall notify the public at large by legal notice and internet posting that the board will accept applications for small farm winery private-resident shipping permits. (3) The notice required under subdivision (b)(2) of this section shall include: (A) The number of permits to be issued; (B) The last date applications will be accepted; and (C) The date of a drawing to determine which applicants will be awarded a permit if the number of applicants exceeds the number of permits authorized by the board. (4) The board shall not accept an application more than ninety (90) days after the date of publication of the notice required under subdivision (b)(2) of this section. (5) (A) If the number of applicants for a permit exceeds the number of permits authorized by the board, the Director of the Alcoholic Beverage Control Division shall conduct a drawing not earlier than one hundred twenty (120) days after the publication of the notice specified in subdivision (b)(2) of this section, nor later than one hundred eighty (180) days after publication of the notice. (B) (i) On the date of the drawing, each applicant for a permit or his or her agent shall draw a number between one (1) and a number equal to the number of permits to be granted of applications filed. (ii) Position numbers shall not be transferred or assigned. (6) Upon payment of a licensing fee of twenty-five dollars ($25.00), the director shall issue a permit to each eligible licensee that draws a number one (1) through the number authorized by the board for the drawing. (c) A small farm winery shall renew its small farm winery private-resident shipping permit each year with the division by paying a renewal fee of twenty-five dollars ($25.00). Amended by Act 2017, No. 848,§ 1, eff. 4/3/2017. Added by Act 2017, No. 313,§ 3, eff. 3/1/2017.

(a) (1) Within sixty (60) days after April 3, 2017, the Alcoholic Beverage Control Board shall notify by mail all small farm wineries licensed under § 3-5-1602 and holding a small farm wine wholesale permit under § 3-5-1602(c)(1)(E) issued on or before April 15, 2017, that they are eligible for a small farm winery private-resident shipping permit if the winery produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year as shown on the winery's TTB F 5120-17. (2) The board shall issue a small farm winery private-resident shipping permit to a small farm winery holding a small farm wine wholesale permit under § 3-5-1602(c)(1)(E) issued on or before April 15, 2017, upon receipt of the following: (A) Proof that the winery produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year as shown on the winery's TTB F 5120-17; and (B) Payment of a licensing fee of twenty-five dollars ($25.00).

(1) Within sixty (60) days after April 3, 2017, the Alcoholic Beverage Control Board shall notify by mail all small farm wineries licensed under § 3-5-1602 and holding a small farm wine wholesale permit under § 3-5-1602(c)(1)(E) issued on or before April 15, 2017, that they are eligible for a small farm winery private-resident shipping permit if the winery produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year as shown on the winery's TTB F 5120-17.

(2) The board shall issue a small farm winery private-resident shipping permit to a small farm winery holding a small farm wine wholesale permit under § 3-5-1602(c)(1)(E) issued on or before April 15, 2017, upon receipt of the following: (A) Proof that the winery produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year as shown on the winery's TTB F 5120-17; and (B) Payment of a licensing fee of twenty-five dollars ($25.00).

(A) Proof that the winery produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year as shown on the winery's TTB F 5120-17; and

(B) Payment of a licensing fee of twenty-five dollars ($25.00).

(b) (1) In each subsequent year, the board may issue up to five (5) small farm winery private-resident shipping permits to small farm wineries licensed under § 3-5-1602 and holding a small farm wine wholesale permit under § 3-5-1602(c)(1)(E) issued after April 15, 2017, if the winery produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year as shown on the winery's TTB F 5120-17. (2) The board shall notify the public at large by legal notice and internet posting that the board will accept applications for small farm winery private-resident shipping permits. (3) The notice required under subdivision (b)(2) of this section shall include: (A) The number of permits to be issued; (B) The last date applications will be accepted; and (C) The date of a drawing to determine which applicants will be awarded a permit if the number of applicants exceeds the number of permits authorized by the board. (4) The board shall not accept an application more than ninety (90) days after the date of publication of the notice required under subdivision (b)(2) of this section. (5) (A) If the number of applicants for a permit exceeds the number of permits authorized by the board, the Director of the Alcoholic Beverage Control Division shall conduct a drawing not earlier than one hundred twenty (120) days after the publication of the notice specified in subdivision (b)(2) of this section, nor later than one hundred eighty (180) days after publication of the notice. (B) (i) On the date of the drawing, each applicant for a permit or his or her agent shall draw a number between one (1) and a number equal to the number of permits to be granted of applications filed. (ii) Position numbers shall not be transferred or assigned. (6) Upon payment of a licensing fee of twenty-five dollars ($25.00), the director shall issue a permit to each eligible licensee that draws a number one (1) through the number authorized by the board for the drawing.

(1) In each subsequent year, the board may issue up to five (5) small farm winery private-resident shipping permits to small farm wineries licensed under § 3-5-1602 and holding a small farm wine wholesale permit under § 3-5-1602(c)(1)(E) issued after April 15, 2017, if the winery produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year as shown on the winery's TTB F 5120-17.

(2) The board shall notify the public at large by legal notice and internet posting that the board will accept applications for small farm winery private-resident shipping permits.

(3) The notice required under subdivision (b)(2) of this section shall include: (A) The number of permits to be issued; (B) The last date applications will be accepted; and (C) The date of a drawing to determine which applicants will be awarded a permit if the number of applicants exceeds the number of permits authorized by the board.

(A) The number of permits to be issued;

(B) The last date applications will be accepted; and

(C) The date of a drawing to determine which applicants will be awarded a permit if the number of applicants exceeds the number of permits authorized by the board.

(4) The board shall not accept an application more than ninety (90) days after the date of publication of the notice required under subdivision (b)(2) of this section.

(5) (A) If the number of applicants for a permit exceeds the number of permits authorized by the board, the Director of the Alcoholic Beverage Control Division shall conduct a drawing not earlier than one hundred twenty (120) days after the publication of the notice specified in subdivision (b)(2) of this section, nor later than one hundred eighty (180) days after publication of the notice. (B) (i) On the date of the drawing, each applicant for a permit or his or her agent shall draw a number between one (1) and a number equal to the number of permits to be granted of applications filed. (ii) Position numbers shall not be transferred or assigned.

(A) If the number of applicants for a permit exceeds the number of permits authorized by the board, the Director of the Alcoholic Beverage Control Division shall conduct a drawing not earlier than one hundred twenty (120) days after the publication of the notice specified in subdivision (b)(2) of this section, nor later than one hundred eighty (180) days after publication of the notice.

(B) (i) On the date of the drawing, each applicant for a permit or his or her agent shall draw a number between one (1) and a number equal to the number of permits to be granted of applications filed. (ii) Position numbers shall not be transferred or assigned.

(i) On the date of the drawing, each applicant for a permit or his or her agent shall draw a number between one (1) and a number equal to the number of permits to be granted of applications filed.

(ii) Position numbers shall not be transferred or assigned.

(6) Upon payment of a licensing fee of twenty-five dollars ($25.00), the director shall issue a permit to each eligible licensee that draws a number one (1) through the number authorized by the board for the drawing.

(c) A small farm winery shall renew its small farm winery private-resident shipping permit each year with the division by paying a renewal fee of twenty-five dollars ($25.00).

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

Added by Act 2017, No. 313,§ 3, eff. 3/1/2017.
Ark. Code Ann. § 3-4-213 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-213
Applications - Appeals
Status: in_force

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. Appeals shall be governed by the terms of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1935, No. 108, Art. 3, § 7; Pope's Dig., § 14111; Acts 1945, No. 239, § 1; 1967, No. 239, § 1; 1973, No. 189, § 1; 1981, No. 790, § 4; A.S.A. 1947, § 48-311.

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

Acts 1935, No. 108, Art. 3, § 7; Pope's Dig., § 14111; Acts 1945, No. 239, § 1; 1967, No. 239, § 1; 1973, No. 189, § 1; 1981, No. 790, § 4; A.S.A. 1947, § 48-311.
Ark. Code Ann. § 3-9-221 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-221
Private clubs - Exception from alcoholic beverage laws
Status: in_force

(a) The General Assembly recognizes that: (1) Many individuals in this state serve mixed drinks containing alcoholic beverages to their friends and guests in the privacy of their homes and, in addition, that many individuals associated together in private nonprofit corporations established for fraternal, patriotic, recreational, political, social, or other mutual purposes as authorized by law, established not for pecuniary gain, have provided for their mutual convenience and for the preparation and serving to themselves and their guests mixed drinks prepared from alcoholic beverages owned by the members individually or in common under a so-called "locker", "pool", or "revolving fund" system; (2) Many individuals travel to this state to assemble at regional meetings and conventions to associate with other individuals who are members of professional and social organizations and that: (A) Many of the restaurants and entertainment facilities used for the meetings and conventions promote the hospitality of the host communities where the restaurants, convention, and entertainment facilities are located; (B) Many of the host organizations plan to serve mixed drinks containing alcoholic beverages to their friends and guests at these meetings and while entertaining and dining during these conventions; and (C) Many of the host communities have individuals who have associated together in private nonprofit corporations established for recreational, social, community hospitality, professional association, entertainment, or other mutual purposes established, not for pecuniary gain, but for their mutual convenience and to provide for the preparation and serving to themselves and their guests mixed drinks prepared from alcoholic beverages owned by the members individually or in common under a so-called locker, pool, or revolving fund system; and (3) (A) (i) That there are a number of counties or parts of counties where the public retail sale of intoxicating liquors has not been approved by the voters. (ii) However, within those counties or parts of counties there are significant developments of tourism facilities and large-event facilities that promote the economic development of the state. (B) To ensure that tourism and large-event facilities as well as other associated activities are allowed to exist to promote the economic development in the state, a new hotel or large-event facility private club permit, for use in those places where the public retail sale of intoxicating liquors is not authorized, should be created. (C) These permits are necessary so that persons visiting hotels or large-event facilities in these areas will be able to enjoy the amenities that a person might find in other states. (D) This additional permit will enhance the experience of going to hotels or large-event facilities that may display items of historic interest, contain extensive art collections, or host musical or dramatic presentations. (E) (i) Further, since the counties or parts of counties in which these hotels or large-event facilities will be located do not allow the open public retail sale of intoxicating liquors, the nonprofit corporations that have been established to have the hotel facilities or the large-event facilities should be allowed to offer alcoholic beverages to members of the nonprofit corporations and their guests. (ii) These nonprofit corporations have been established for the purpose of operating a qualifying hotel or large-event facility private club or other mutual purposes, not for pecuniary gain, but for their mutual convenience and to provide for the preparation and serving to the members and their guests alcoholic beverages owned by the members individually or in common under a locker, pool, or revolving fund system. (b) (1) In order to clarify the alcoholic beverage control laws of this state and to regulate and prohibit the sale of alcoholic beverages in violation of the provisions of this subchapter and other applicable alcoholic beverage control laws of this state, the General Assembly determines that the preparation, mixing, and serving of mixed drinks, beer, and wine for consumption only on the premises of a private club as defined in § 3-9-202(14) by the members thereof and their guests and the making of a charge for such services shall not be deemed to be a sale or be in violation of any law of this state prohibiting the manufacture, sale, barter, loan, or giving away of intoxicating liquor whenever: (A) The alcoholic beverages, beer, and wine so consumed have been furnished or drawn from private stocks thereof belonging to such members, individually or in common under a so-called locker, pool, or revolving fund system and are replenished only at the expense of such members; and (B) The private club has acquired a permit from the Alcoholic Beverage Control Board, in such form as the board may appropriately determine. (2) (A) A private club may serve any alcoholic beverage furnished or drawn under the provisions of subdivision (b)(1) of this section on the golf course on which the private club is located when the private club is hosting a professional golf tournament or other charitable golf tournament sponsored by a charitable organization described in 26 U.S.C. § 501(c)(3) and the Director of the Alcoholic Beverage Control Division has been notified by the private club at least sixty (60) calendar days prior to the beginning of the event. (B) Persons attending the event shall be deemed guests of the private club, and the club may serve the alcoholic beverages to the guests for cash. (C) The director may promulgate rules he or she deems necessary to implement this subdivision (b)(2). (c) In order to clarify the alcoholic beverage control laws of this state and to regulate and prohibit the sale of alcoholic beverages in violation of the provisions of this subchapter and other applicable alcoholic beverage control laws of this state, the General Assembly determines that the preparation, mixing, and serving of wine and beer for consumption only by the lodging guests on the premises of a bed and breakfast private club as defined in § 3-9-202(2) and the making of a charge for such services shall not be deemed to be a sale or to be in violation of any law of this state prohibiting the manufacture, sale, barter, loan, or giving away of intoxicating liquor whenever: (1) The wine and beer so consumed have been furnished or drawn from private stocks belonging to an owner of the bed and breakfast private club and are replenished only at the expense of such owner; (2) The wine and beer consumed must have been purchased in an Arkansas licensed retail alcoholic beverage store, as authorized by the director; (3) The average annual volume of wine and beer consumed shall not exceed three gallons (3 gals.) per month per guest room; and (4) The bed and breakfast private club has acquired a permit from the board in such form as the board may appropriately determine. Amended by Act 2019, No. 315,§ 101, eff. 7/24/2019. Acts 1969, No. 132, § 10; A.S.A. 1947, § 48-1410; Acts 1999, No. 1063, § 2; 2001, No. 584, § 1; 2003, No. 1813, § 2; 2011, No. 1194, § 1.

(a) The General Assembly recognizes that: (1) Many individuals in this state serve mixed drinks containing alcoholic beverages to their friends and guests in the privacy of their homes and, in addition, that many individuals associated together in private nonprofit corporations established for fraternal, patriotic, recreational, political, social, or other mutual purposes as authorized by law, established not for pecuniary gain, have provided for their mutual convenience and for the preparation and serving to themselves and their guests mixed drinks prepared from alcoholic beverages owned by the members individually or in common under a so-called "locker", "pool", or "revolving fund" system; (2) Many individuals travel to this state to assemble at regional meetings and conventions to associate with other individuals who are members of professional and social organizations and that: (A) Many of the restaurants and entertainment facilities used for the meetings and conventions promote the hospitality of the host communities where the restaurants, convention, and entertainment facilities are located; (B) Many of the host organizations plan to serve mixed drinks containing alcoholic beverages to their friends and guests at these meetings and while entertaining and dining during these conventions; and (C) Many of the host communities have individuals who have associated together in private nonprofit corporations established for recreational, social, community hospitality, professional association, entertainment, or other mutual purposes established, not for pecuniary gain, but for their mutual convenience and to provide for the preparation and serving to themselves and their guests mixed drinks prepared from alcoholic beverages owned by the members individually or in common under a so-called locker, pool, or revolving fund system; and (3) (A) (i) That there are a number of counties or parts of counties where the public retail sale of intoxicating liquors has not been approved by the voters. (ii) However, within those counties or parts of counties there are significant developments of tourism facilities and large-event facilities that promote the economic development of the state. (B) To ensure that tourism and large-event facilities as well as other associated activities are allowed to exist to promote the economic development in the state, a new hotel or large-event facility private club permit, for use in those places where the public retail sale of intoxicating liquors is not authorized, should be created. (C) These permits are necessary so that persons visiting hotels or large-event facilities in these areas will be able to enjoy the amenities that a person might find in other states. (D) This additional permit will enhance the experience of going to hotels or large-event facilities that may display items of historic interest, contain extensive art collections, or host musical or dramatic presentations. (E) (i) Further, since the counties or parts of counties in which these hotels or large-event facilities will be located do not allow the open public retail sale of intoxicating liquors, the nonprofit corporations that have been established to have the hotel facilities or the large-event facilities should be allowed to offer alcoholic beverages to members of the nonprofit corporations and their guests. (ii) These nonprofit corporations have been established for the purpose of operating a qualifying hotel or large-event facility private club or other mutual purposes, not for pecuniary gain, but for their mutual convenience and to provide for the preparation and serving to the members and their guests alcoholic beverages owned by the members individually or in common under a locker, pool, or revolving fund system.

(1) Many individuals in this state serve mixed drinks containing alcoholic beverages to their friends and guests in the privacy of their homes and, in addition, that many individuals associated together in private nonprofit corporations established for fraternal, patriotic, recreational, political, social, or other mutual purposes as authorized by law, established not for pecuniary gain, have provided for their mutual convenience and for the preparation and serving to themselves and their guests mixed drinks prepared from alcoholic beverages owned by the members individually or in common under a so-called "locker", "pool", or "revolving fund" system;

(2) Many individuals travel to this state to assemble at regional meetings and conventions to associate with other individuals who are members of professional and social organizations and that: (A) Many of the restaurants and entertainment facilities used for the meetings and conventions promote the hospitality of the host communities where the restaurants, convention, and entertainment facilities are located; (B) Many of the host organizations plan to serve mixed drinks containing alcoholic beverages to their friends and guests at these meetings and while entertaining and dining during these conventions; and (C) Many of the host communities have individuals who have associated together in private nonprofit corporations established for recreational, social, community hospitality, professional association, entertainment, or other mutual purposes established, not for pecuniary gain, but for their mutual convenience and to provide for the preparation and serving to themselves and their guests mixed drinks prepared from alcoholic beverages owned by the members individually or in common under a so-called locker, pool, or revolving fund system; and

(A) Many of the restaurants and entertainment facilities used for the meetings and conventions promote the hospitality of the host communities where the restaurants, convention, and entertainment facilities are located;

(B) Many of the host organizations plan to serve mixed drinks containing alcoholic beverages to their friends and guests at these meetings and while entertaining and dining during these conventions; and

(C) Many of the host communities have individuals who have associated together in private nonprofit corporations established for recreational, social, community hospitality, professional association, entertainment, or other mutual purposes established, not for pecuniary gain, but for their mutual convenience and to provide for the preparation and serving to themselves and their guests mixed drinks prepared from alcoholic beverages owned by the members individually or in common under a so-called locker, pool, or revolving fund system; and

(3) (A) (i) That there are a number of counties or parts of counties where the public retail sale of intoxicating liquors has not been approved by the voters. (ii) However, within those counties or parts of counties there are significant developments of tourism facilities and large-event facilities that promote the economic development of the state. (B) To ensure that tourism and large-event facilities as well as other associated activities are allowed to exist to promote the economic development in the state, a new hotel or large-event facility private club permit, for use in those places where the public retail sale of intoxicating liquors is not authorized, should be created. (C) These permits are necessary so that persons visiting hotels or large-event facilities in these areas will be able to enjoy the amenities that a person might find in other states. (D) This additional permit will enhance the experience of going to hotels or large-event facilities that may display items of historic interest, contain extensive art collections, or host musical or dramatic presentations. (E) (i) Further, since the counties or parts of counties in which these hotels or large-event facilities will be located do not allow the open public retail sale of intoxicating liquors, the nonprofit corporations that have been established to have the hotel facilities or the large-event facilities should be allowed to offer alcoholic beverages to members of the nonprofit corporations and their guests. (ii) These nonprofit corporations have been established for the purpose of operating a qualifying hotel or large-event facility private club or other mutual purposes, not for pecuniary gain, but for their mutual convenience and to provide for the preparation and serving to the members and their guests alcoholic beverages owned by the members individually or in common under a locker, pool, or revolving fund system.

(A) (i) That there are a number of counties or parts of counties where the public retail sale of intoxicating liquors has not been approved by the voters. (ii) However, within those counties or parts of counties there are significant developments of tourism facilities and large-event facilities that promote the economic development of the state.

(i) That there are a number of counties or parts of counties where the public retail sale of intoxicating liquors has not been approved by the voters.

(ii) However, within those counties or parts of counties there are significant developments of tourism facilities and large-event facilities that promote the economic development of the state.

(B) To ensure that tourism and large-event facilities as well as other associated activities are allowed to exist to promote the economic development in the state, a new hotel or large-event facility private club permit, for use in those places where the public retail sale of intoxicating liquors is not authorized, should be created.

(C) These permits are necessary so that persons visiting hotels or large-event facilities in these areas will be able to enjoy the amenities that a person might find in other states.

(D) This additional permit will enhance the experience of going to hotels or large-event facilities that may display items of historic interest, contain extensive art collections, or host musical or dramatic presentations.

(E) (i) Further, since the counties or parts of counties in which these hotels or large-event facilities will be located do not allow the open public retail sale of intoxicating liquors, the nonprofit corporations that have been established to have the hotel facilities or the large-event facilities should be allowed to offer alcoholic beverages to members of the nonprofit corporations and their guests. (ii) These nonprofit corporations have been established for the purpose of operating a qualifying hotel or large-event facility private club or other mutual purposes, not for pecuniary gain, but for their mutual convenience and to provide for the preparation and serving to the members and their guests alcoholic beverages owned by the members individually or in common under a locker, pool, or revolving fund system.

(i) Further, since the counties or parts of counties in which these hotels or large-event facilities will be located do not allow the open public retail sale of intoxicating liquors, the nonprofit corporations that have been established to have the hotel facilities or the large-event facilities should be allowed to offer alcoholic beverages to members of the nonprofit corporations and their guests.

(ii) These nonprofit corporations have been established for the purpose of operating a qualifying hotel or large-event facility private club or other mutual purposes, not for pecuniary gain, but for their mutual convenience and to provide for the preparation and serving to the members and their guests alcoholic beverages owned by the members individually or in common under a locker, pool, or revolving fund system.

(b) (1) In order to clarify the alcoholic beverage control laws of this state and to regulate and prohibit the sale of alcoholic beverages in violation of the provisions of this subchapter and other applicable alcoholic beverage control laws of this state, the General Assembly determines that the preparation, mixing, and serving of mixed drinks, beer, and wine for consumption only on the premises of a private club as defined in § 3-9-202(14) by the members thereof and their guests and the making of a charge for such services shall not be deemed to be a sale or be in violation of any law of this state prohibiting the manufacture, sale, barter, loan, or giving away of intoxicating liquor whenever: (A) The alcoholic beverages, beer, and wine so consumed have been furnished or drawn from private stocks thereof belonging to such members, individually or in common under a so-called locker, pool, or revolving fund system and are replenished only at the expense of such members; and (B) The private club has acquired a permit from the Alcoholic Beverage Control Board, in such form as the board may appropriately determine. (2) (A) A private club may serve any alcoholic beverage furnished or drawn under the provisions of subdivision (b)(1) of this section on the golf course on which the private club is located when the private club is hosting a professional golf tournament or other charitable golf tournament sponsored by a charitable organization described in 26 U.S.C. § 501(c)(3) and the Director of the Alcoholic Beverage Control Division has been notified by the private club at least sixty (60) calendar days prior to the beginning of the event. (B) Persons attending the event shall be deemed guests of the private club, and the club may serve the alcoholic beverages to the guests for cash. (C) The director may promulgate rules he or she deems necessary to implement this subdivision (b)(2).

(1) In order to clarify the alcoholic beverage control laws of this state and to regulate and prohibit the sale of alcoholic beverages in violation of the provisions of this subchapter and other applicable alcoholic beverage control laws of this state, the General Assembly determines that the preparation, mixing, and serving of mixed drinks, beer, and wine for consumption only on the premises of a private club as defined in § 3-9-202(14) by the members thereof and their guests and the making of a charge for such services shall not be deemed to be a sale or be in violation of any law of this state prohibiting the manufacture, sale, barter, loan, or giving away of intoxicating liquor whenever: (A) The alcoholic beverages, beer, and wine so consumed have been furnished or drawn from private stocks thereof belonging to such members, individually or in common under a so-called locker, pool, or revolving fund system and are replenished only at the expense of such members; and (B) The private club has acquired a permit from the Alcoholic Beverage Control Board, in such form as the board may appropriately determine.

(A) The alcoholic beverages, beer, and wine so consumed have been furnished or drawn from private stocks thereof belonging to such members, individually or in common under a so-called locker, pool, or revolving fund system and are replenished only at the expense of such members; and

(B) The private club has acquired a permit from the Alcoholic Beverage Control Board, in such form as the board may appropriately determine.

(2) (A) A private club may serve any alcoholic beverage furnished or drawn under the provisions of subdivision (b)(1) of this section on the golf course on which the private club is located when the private club is hosting a professional golf tournament or other charitable golf tournament sponsored by a charitable organization described in 26 U.S.C. § 501(c)(3) and the Director of the Alcoholic Beverage Control Division has been notified by the private club at least sixty (60) calendar days prior to the beginning of the event. (B) Persons attending the event shall be deemed guests of the private club, and the club may serve the alcoholic beverages to the guests for cash. (C) The director may promulgate rules he or she deems necessary to implement this subdivision (b)(2).

(A) A private club may serve any alcoholic beverage furnished or drawn under the provisions of subdivision (b)(1) of this section on the golf course on which the private club is located when the private club is hosting a professional golf tournament or other charitable golf tournament sponsored by a charitable organization described in 26 U.S.C. § 501(c)(3) and the Director of the Alcoholic Beverage Control Division has been notified by the private club at least sixty (60) calendar days prior to the beginning of the event.

(B) Persons attending the event shall be deemed guests of the private club, and the club may serve the alcoholic beverages to the guests for cash.

(C) The director may promulgate rules he or she deems necessary to implement this subdivision (b)(2).

(c) In order to clarify the alcoholic beverage control laws of this state and to regulate and prohibit the sale of alcoholic beverages in violation of the provisions of this subchapter and other applicable alcoholic beverage control laws of this state, the General Assembly determines that the preparation, mixing, and serving of wine and beer for consumption only by the lodging guests on the premises of a bed and breakfast private club as defined in § 3-9-202(2) and the making of a charge for such services shall not be deemed to be a sale or to be in violation of any law of this state prohibiting the manufacture, sale, barter, loan, or giving away of intoxicating liquor whenever: (1) The wine and beer so consumed have been furnished or drawn from private stocks belonging to an owner of the bed and breakfast private club and are replenished only at the expense of such owner; (2) The wine and beer consumed must have been purchased in an Arkansas licensed retail alcoholic beverage store, as authorized by the director; (3) The average annual volume of wine and beer consumed shall not exceed three gallons (3 gals.) per month per guest room; and (4) The bed and breakfast private club has acquired a permit from the board in such form as the board may appropriately determine.

(1) The wine and beer so consumed have been furnished or drawn from private stocks belonging to an owner of the bed and breakfast private club and are replenished only at the expense of such owner;

(2) The wine and beer consumed must have been purchased in an Arkansas licensed retail alcoholic beverage store, as authorized by the director;

(3) The average annual volume of wine and beer consumed shall not exceed three gallons (3 gals.) per month per guest room; and

(4) The bed and breakfast private club has acquired a permit from the board in such form as the board may appropriately determine.

Amended by Act 2019, No. 315,§ 101, eff. 7/24/2019.

Acts 1969, No. 132, § 10; A.S.A. 1947, § 48-1410; Acts 1999, No. 1063, § 2; 2001, No. 584, § 1; 2003, No. 1813, § 2; 2011, No. 1194, § 1.
Ark. Code Ann. § 3-2-206 — AR Code / Title 3 / Chapter 2 / Subchapter 2 / Section 3-2-206
Rules
Status: in_force

(a) The Director of the Alcoholic Beverage Control Division shall adopt and promulgate such rules as shall be necessary to carry out the intent and purposes of this subchapter and any other alcohol control acts enforced in this state. (b) All rules of general application, including the amendment or repeal thereof, shall first be submitted by the director to the Alcoholic Beverage Control Board for its approval and upon approval shall be filed in the office of the Secretary of State. (c) All the valid rules adopted under the provisions of this subchapter shall be absolutely binding upon all licensees and enforceable by the director through the power of suspension or cancellation of licenses. (d) It is intended by this grant of power to adopt rules that the director shall be clothed with broad discretionary power to govern the traffic in alcoholic liquor and to enforce strictly all the provisions of the alcohol control laws of this state. (e) The Alcoholic Beverage Control Division is authorized to assess a rule book fee which shall not exceed ten dollars ($10.00) for each rule book. (f) A rule promulgated under this title that prohibits a person from possessing an alcoholic beverage outside of an establishment that holds a permit for on-premises consumption and from which the alcoholic beverage was purchased does not apply within a designated entertainment district as defined in § 14-54-1412 . Amended by Act 2019, No. 315,§ 37, eff. 7/24/2019. Amended by Act 2019, No. 812,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 1318,§ 1, eff. 8/16/2013. Acts 1951, No. 159, § 12; A.S.A. 1947, § 48-1311.

(a) The Director of the Alcoholic Beverage Control Division shall adopt and promulgate such rules as shall be necessary to carry out the intent and purposes of this subchapter and any other alcohol control acts enforced in this state.

(b) All rules of general application, including the amendment or repeal thereof, shall first be submitted by the director to the Alcoholic Beverage Control Board for its approval and upon approval shall be filed in the office of the Secretary of State.

(c) All the valid rules adopted under the provisions of this subchapter shall be absolutely binding upon all licensees and enforceable by the director through the power of suspension or cancellation of licenses.

(d) It is intended by this grant of power to adopt rules that the director shall be clothed with broad discretionary power to govern the traffic in alcoholic liquor and to enforce strictly all the provisions of the alcohol control laws of this state.

(e) The Alcoholic Beverage Control Division is authorized to assess a rule book fee which shall not exceed ten dollars ($10.00) for each rule book.

(f) A rule promulgated under this title that prohibits a person from possessing an alcoholic beverage outside of an establishment that holds a permit for on-premises consumption and from which the alcoholic beverage was purchased does not apply within a designated entertainment district as defined in § 14-54-1412 .

Amended by Act 2019, No. 315,§ 37, eff. 7/24/2019.

Amended by Act 2019, No. 812,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 1318,§ 1, eff. 8/16/2013.

Acts 1951, No. 159, § 12; A.S.A. 1947, § 48-1311.
Ark. Code Ann. § 3-3-311 — AR Code / Title 3 / Chapter 3 / Subchapter 3 / Section 3-3-311
Seizure and forfeiture of beverages authorized
Status: in_force

(a) All spirituous, vinous, or malt liquors or beverages found in the possession of any person violating this or any other alcoholic beverage control law of this state are declared to be contraband and shall be seized and forfeited. (b) Alcoholic or malt beverages subject to confiscation under this subchapter shall include those on which the Arkansas liquor excise tax has been paid as well as those on which the tax has not been paid. (c) The confiscation of alcoholic beverages hereunder shall be in addition to any other criminal penalties now or hereafter prescribed by law. Acts 1947, No. 423, §§ 6, 11; A.S.A. 1947, §§ 48-925, 48-930.

(a) All spirituous, vinous, or malt liquors or beverages found in the possession of any person violating this or any other alcoholic beverage control law of this state are declared to be contraband and shall be seized and forfeited.

(b) Alcoholic or malt beverages subject to confiscation under this subchapter shall include those on which the Arkansas liquor excise tax has been paid as well as those on which the tax has not been paid.

(c) The confiscation of alcoholic beverages hereunder shall be in addition to any other criminal penalties now or hereafter prescribed by law.

Acts 1947, No. 423, §§ 6, 11; A.S.A. 1947, §§ 48-925, 48-930.
Ark. Code Ann. § 3-8-501 — AR Code / Title 3 / Chapter 8 / Subchapter 5 / Section 3-8-501
Definitions
Status: in_force

As used in this subchapter: (1) "Dry" means that the manufacture, sale, barter, loan, or giving away of intoxicating liquors is unlawful in a prescribed area; (2) "Intoxicating liquors" means all beverages containing more than one-half of one percent (0.5%) of alcohol by weight; and (3) "Wet" means that the manufacture, sale, barter, loan, or giving away of intoxicating liquors is lawful in a prescribed area. Acts 2005, No. 1258, § 1.

As used in this subchapter:

(1) "Dry" means that the manufacture, sale, barter, loan, or giving away of intoxicating liquors is unlawful in a prescribed area;

(2) "Intoxicating liquors" means all beverages containing more than one-half of one percent (0.5%) of alcohol by weight; and

(3) "Wet" means that the manufacture, sale, barter, loan, or giving away of intoxicating liquors is lawful in a prescribed area.

Acts 2005, No. 1258, § 1.
Ark. Code Ann. § 3-4-222 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-222
Reapplication
Status: in_force

(a) (1) Whenever any application for any type of alcoholic beverage control permit with the exception of a private club permit being sought in an area in which the sale of alcoholic beverages is not allowed shall be denied, no application for a permit shall be accepted from that same applicant or real party in interest for a period of one (1) year following the date on which such application is finally acted upon by the Director of the Alcoholic Beverage Control Division, by the Alcoholic Beverage Control Board on appeal, or by the appellate court system, unless the applicant or real party in interest can show a substantial change in the underlying facts which supported the decision to deny the application. (2) Provided, this subchapter shall not apply if the application was denied solely because of disapproval of the location of the premises and if a new application is for a premises other than that described in the original application. (3) "Same applicant" or "same real party in interest" as used in this subsection (a) shall be broadly interpreted by the director or the board to be the real party or parties in interest in the original application notwithstanding the fact that the subsequent application may be made in the name of a family member, business associate, or new business entity. (b) Reapplication for a private club in an area where the retail sale of alcoholic beverages is not legal will continue to be controlled by § 3-9-228 . Acts 1997, No. 519, § 1; 1999, No. 1593, § 1.

(a) (1) Whenever any application for any type of alcoholic beverage control permit with the exception of a private club permit being sought in an area in which the sale of alcoholic beverages is not allowed shall be denied, no application for a permit shall be accepted from that same applicant or real party in interest for a period of one (1) year following the date on which such application is finally acted upon by the Director of the Alcoholic Beverage Control Division, by the Alcoholic Beverage Control Board on appeal, or by the appellate court system, unless the applicant or real party in interest can show a substantial change in the underlying facts which supported the decision to deny the application. (2) Provided, this subchapter shall not apply if the application was denied solely because of disapproval of the location of the premises and if a new application is for a premises other than that described in the original application. (3) "Same applicant" or "same real party in interest" as used in this subsection (a) shall be broadly interpreted by the director or the board to be the real party or parties in interest in the original application notwithstanding the fact that the subsequent application may be made in the name of a family member, business associate, or new business entity.

(1) Whenever any application for any type of alcoholic beverage control permit with the exception of a private club permit being sought in an area in which the sale of alcoholic beverages is not allowed shall be denied, no application for a permit shall be accepted from that same applicant or real party in interest for a period of one (1) year following the date on which such application is finally acted upon by the Director of the Alcoholic Beverage Control Division, by the Alcoholic Beverage Control Board on appeal, or by the appellate court system, unless the applicant or real party in interest can show a substantial change in the underlying facts which supported the decision to deny the application.

(2) Provided, this subchapter shall not apply if the application was denied solely because of disapproval of the location of the premises and if a new application is for a premises other than that described in the original application.

(3) "Same applicant" or "same real party in interest" as used in this subsection (a) shall be broadly interpreted by the director or the board to be the real party or parties in interest in the original application notwithstanding the fact that the subsequent application may be made in the name of a family member, business associate, or new business entity.

(b) Reapplication for a private club in an area where the retail sale of alcoholic beverages is not legal will continue to be controlled by § 3-9-228 .

Acts 1997, No. 519, § 1; 1999, No. 1593, § 1.
Ark. Code Ann. § 3-4-606 — AR Code / Title 3 / Chapter 4 / Subchapter 6 / Section 3-4-606
[Repealed]
Status: repealed

Repealed by Act 2023, No. 839,§ 1, eff. 4/13/2023. Amended by Act 2019, No. 315,§ 54, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 53, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 52, eff. 7/24/2019. Acts 1951, No. 379, §§ 1-3; A.S.A. 1947, §§ 48-314.1 -- 48-314.3.

Repealed by Act 2023, No. 839,§ 1, eff. 4/13/2023.

Amended by Act 2019, No. 315,§ 54, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 53, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 52, eff. 7/24/2019.

Acts 1951, No. 379, §§ 1-3; A.S.A. 1947, §§ 48-314.1 -- 48-314.3.
Ark. Code Ann. § 3-5-213 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-213
Cities and towns - Regulation of retailers
Status: in_force

All incorporated cities and towns in the State of Arkansas are authorized to pass proper ordinances governing the issuance and revocation of licenses for the retail sale of the liquors as prescribed in this subchapter, within the corporate limits. Cities and towns may impose additional restrictions, fixing zones and territories and providing hours of opening and closing and such other rules and regulations as will promote public health, morals, and safety which they may by ordinance provide. Acts 1933 (1st Ex. Sess.), No. 7, § 27; Pope's Dig., § 14219; A.S.A. 1947, § 48-517.

All incorporated cities and towns in the State of Arkansas are authorized to pass proper ordinances governing the issuance and revocation of licenses for the retail sale of the liquors as prescribed in this subchapter, within the corporate limits. Cities and towns may impose additional restrictions, fixing zones and territories and providing hours of opening and closing and such other rules and regulations as will promote public health, morals, and safety which they may by ordinance provide.

Acts 1933 (1st Ex. Sess.), No. 7, § 27; Pope's Dig., § 14219; A.S.A. 1947, § 48-517.
Ark. Code Ann. § 3-1-102 — AR Code / Title 3 / Chapter 1 / Section 3-1-102
Definitions
Status: in_force

(a) As used in this title unless otherwise provided: (1) "Block" means the area on both sides of that portion of a street lying between intersecting streets and extending back, on both sides, halfway to the next parallel street; (2) "Dispensary" means any store which, under the provisions of this title unless otherwise provided and having paid all taxes required by the state, sells at retail, in unbroken packages, for consumption off the premises, any intoxicating alcoholic liquor as defined by this title unless otherwise provided; (3) "Excluded felony offense" means: (A) (i) A felony offense as determined by the jurisdiction where the felony offense occurred. (ii) The Alcoholic Beverage Control Division shall determine whether an offense is a felony offense based upon a review of the relevant court records concerning the conviction for the offense; or (B) A violation of a state or federal controlled-substance law that was classified as a felony in the jurisdiction where the person was convicted, but not including: (i) An offense for which the sentence, including any term of probation, incarceration, or supervised release, was completed ten (10) or more years earlier; or (ii) An offense that has been sealed by a court or for which a pardon has been granted; (4) "Hard cider" means liquor brewed from the fermented juices of fruit and containing more than three percent (3%) and not more than twenty-one percent (21%) of alcohol by weight; (5) (A) "Malt" means liquor brewed from the fermented juices of grain and containing more than five percent (5%) of alcohol by weight. (B) Beer containing not more than five percent (5%) of alcohol by weight and all other malt beverages containing not more than five percent (5%) of alcohol by weight are not defined as "malt liquors" and are excepted from each and every provision of this act; (6) "Manufacturer" means any person engaged in the business of distilling, brewing, making, blending, rectifying, or producing for sale in wholesale quantities alcoholic liquors of any kind, including whiskey, brandy, cordials, liquors, ales, beers, hard cider, or other liquids containing alcohol, except wines; (7) "Person" means any and all corporations, partnerships, associations, or individuals; (8) "Sealed" means to expunge, remove, sequester, and treat as confidential the record or records of a felony offense; (9) "Spirituous" means liquor distilled from the fermented juices of grain, fruits, or vegetables and containing more than twenty-one percent (21%) of alcohol by weight, or any other liquids containing more than twenty-one percent (21%) of alcohol by weight; and (10) "Vinous" means the fermented juices of fruits, except native wine, containing more than five percent (5%) and not more than twenty-one percent (21%) of alcohol by weight. (b) All other words used in this act shall be defined according to the statutes in such case made and provided, if any, and otherwise shall be defined according to the custom and usage of the people of Arkansas. Amended by Act 2019, No. 691,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 739,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1237,§ 1, eff. 7/22/2015. Acts 1935, No. 108, Art. 1, §§ 1-3, 5-7; Pope's Dig., §§ 14094-14096, 14098-14100; A.S.A. 1947, §§ 48-102 -- 48-104, 48-106 -- 48-108.

(a) As used in this title unless otherwise provided: (1) "Block" means the area on both sides of that portion of a street lying between intersecting streets and extending back, on both sides, halfway to the next parallel street; (2) "Dispensary" means any store which, under the provisions of this title unless otherwise provided and having paid all taxes required by the state, sells at retail, in unbroken packages, for consumption off the premises, any intoxicating alcoholic liquor as defined by this title unless otherwise provided; (3) "Excluded felony offense" means: (A) (i) A felony offense as determined by the jurisdiction where the felony offense occurred. (ii) The Alcoholic Beverage Control Division shall determine whether an offense is a felony offense based upon a review of the relevant court records concerning the conviction for the offense; or (B) A violation of a state or federal controlled-substance law that was classified as a felony in the jurisdiction where the person was convicted, but not including: (i) An offense for which the sentence, including any term of probation, incarceration, or supervised release, was completed ten (10) or more years earlier; or (ii) An offense that has been sealed by a court or for which a pardon has been granted; (4) "Hard cider" means liquor brewed from the fermented juices of fruit and containing more than three percent (3%) and not more than twenty-one percent (21%) of alcohol by weight; (5) (A) "Malt" means liquor brewed from the fermented juices of grain and containing more than five percent (5%) of alcohol by weight. (B) Beer containing not more than five percent (5%) of alcohol by weight and all other malt beverages containing not more than five percent (5%) of alcohol by weight are not defined as "malt liquors" and are excepted from each and every provision of this act; (6) "Manufacturer" means any person engaged in the business of distilling, brewing, making, blending, rectifying, or producing for sale in wholesale quantities alcoholic liquors of any kind, including whiskey, brandy, cordials, liquors, ales, beers, hard cider, or other liquids containing alcohol, except wines; (7) "Person" means any and all corporations, partnerships, associations, or individuals; (8) "Sealed" means to expunge, remove, sequester, and treat as confidential the record or records of a felony offense; (9) "Spirituous" means liquor distilled from the fermented juices of grain, fruits, or vegetables and containing more than twenty-one percent (21%) of alcohol by weight, or any other liquids containing more than twenty-one percent (21%) of alcohol by weight; and (10) "Vinous" means the fermented juices of fruits, except native wine, containing more than five percent (5%) and not more than twenty-one percent (21%) of alcohol by weight.

(1) "Block" means the area on both sides of that portion of a street lying between intersecting streets and extending back, on both sides, halfway to the next parallel street;

(2) "Dispensary" means any store which, under the provisions of this title unless otherwise provided and having paid all taxes required by the state, sells at retail, in unbroken packages, for consumption off the premises, any intoxicating alcoholic liquor as defined by this title unless otherwise provided;

(3) "Excluded felony offense" means: (A) (i) A felony offense as determined by the jurisdiction where the felony offense occurred. (ii) The Alcoholic Beverage Control Division shall determine whether an offense is a felony offense based upon a review of the relevant court records concerning the conviction for the offense; or (B) A violation of a state or federal controlled-substance law that was classified as a felony in the jurisdiction where the person was convicted, but not including: (i) An offense for which the sentence, including any term of probation, incarceration, or supervised release, was completed ten (10) or more years earlier; or (ii) An offense that has been sealed by a court or for which a pardon has been granted;

(A) (i) A felony offense as determined by the jurisdiction where the felony offense occurred. (ii) The Alcoholic Beverage Control Division shall determine whether an offense is a felony offense based upon a review of the relevant court records concerning the conviction for the offense; or

(i) A felony offense as determined by the jurisdiction where the felony offense occurred.

(ii) The Alcoholic Beverage Control Division shall determine whether an offense is a felony offense based upon a review of the relevant court records concerning the conviction for the offense; or

(B) A violation of a state or federal controlled-substance law that was classified as a felony in the jurisdiction where the person was convicted, but not including: (i) An offense for which the sentence, including any term of probation, incarceration, or supervised release, was completed ten (10) or more years earlier; or (ii) An offense that has been sealed by a court or for which a pardon has been granted;

(i) An offense for which the sentence, including any term of probation, incarceration, or supervised release, was completed ten (10) or more years earlier; or

(ii) An offense that has been sealed by a court or for which a pardon has been granted;

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

(5) (A) "Malt" means liquor brewed from the fermented juices of grain and containing more than five percent (5%) of alcohol by weight. (B) Beer containing not more than five percent (5%) of alcohol by weight and all other malt beverages containing not more than five percent (5%) of alcohol by weight are not defined as "malt liquors" and are excepted from each and every provision of this act;

(A) "Malt" means liquor brewed from the fermented juices of grain and containing more than five percent (5%) of alcohol by weight.

(B) Beer containing not more than five percent (5%) of alcohol by weight and all other malt beverages containing not more than five percent (5%) of alcohol by weight are not defined as "malt liquors" and are excepted from each and every provision of this act;

(6) "Manufacturer" means any person engaged in the business of distilling, brewing, making, blending, rectifying, or producing for sale in wholesale quantities alcoholic liquors of any kind, including whiskey, brandy, cordials, liquors, ales, beers, hard cider, or other liquids containing alcohol, except wines;

(7) "Person" means any and all corporations, partnerships, associations, or individuals;

(8) "Sealed" means to expunge, remove, sequester, and treat as confidential the record or records of a felony offense;

(9) "Spirituous" means liquor distilled from the fermented juices of grain, fruits, or vegetables and containing more than twenty-one percent (21%) of alcohol by weight, or any other liquids containing more than twenty-one percent (21%) of alcohol by weight; and

(10) "Vinous" means the fermented juices of fruits, except native wine, containing more than five percent (5%) and not more than twenty-one percent (21%) of alcohol by weight.

(b) All other words used in this act shall be defined according to the statutes in such case made and provided, if any, and otherwise shall be defined according to the custom and usage of the people of Arkansas.

Amended by Act 2019, No. 691,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 739,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1237,§ 1, eff. 7/22/2015.

Acts 1935, No. 108, Art. 1, §§ 1-3, 5-7; Pope's Dig., §§ 14094-14096, 14098-14100; A.S.A. 1947, §§ 48-102 -- 48-104, 48-106 -- 48-108.
Ark. Code Ann. § 3-5-222 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-222
Nudity on premises prohibited - Penalty - Rules
Status: in_force

(a) No person that has received a permit under any law of the State of Arkansas for the sale or dispensing of alcoholic beverages for on-premises consumption shall suffer or permit any person to appear on the permitted premises in such manner or attire as to expose to view any portion of the pubic area, anus, vulva, or genitals or any simulation thereof, nor suffer or permit any female to appear on the premises in such manner or attire as to expose to view any portion of her breast below the top of the areola or any simulation thereof. (b) Any retail beer permittee violating this section shall be guilty of a Class B misdemeanor. (c) The Alcoholic Beverage Control Board shall promulgate such rules as it deems necessary for the implementation of this section. Amended by Act 2019, No. 315,§ 65, eff. 7/24/2019. Acts 1985, No. 965, §§ 1, 2; A.S.A. 1947, §§ 48-956, 48-957; Acts 2005, No. 1994, § 373.

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

(b) Any retail beer permittee violating this section shall be guilty of a Class B misdemeanor.

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

Amended by Act 2019, No. 315,§ 65, eff. 7/24/2019.

Acts 1985, No. 965, §§ 1, 2; A.S.A. 1947, §§ 48-956, 48-957; Acts 2005, No. 1994, § 373.
Ark. Code Ann. § 3-4-205 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-205
Interest in other permits prohibited - Exceptions
Status: in_force

(a) For purposes of this section, the term "vested permits" is defined as those multiple retail liquor permits which were lawfully issued to any person, firm, or corporation prior to July 19, 1971. (b) (1) (A) No retail liquor permit shall be issued, either as a new permit or as a replacement of an existing permit, to any person, firm, or corporation if the person, firm, or corporation has any interest in another retail liquor permit, regardless of the degree of interest. (B) A retail liquor permit shall apply only to one (1) location, and a person, firm, or corporation shall not be permitted to receive any direct or indirect financial benefit from the sale of liquor at any location other than the permitted location. (2) However, notwithstanding this prohibition, any retail liquor permits held by any person, firm, or corporation on July 19, 1971, which continue to be held by any person, firm, or corporation having an interest in more than one (1) retail liquor permit on August 13, 1993, shall be vested permits. (c) (1) Holders of vested permits may not sell, convey, assign, or devise any such interest in multiple retail liquor permitted businesses to any person or persons, firm, or corporation which, on the date of any such transfer, already has any ownership interest in a permitted retail liquor business. (2) However, holders of vested permits shall be allowed to sell, convey, assign, or devise any such interest in multiple retail liquor permitted businesses to any other person or persons, firm, or corporation, thereby creating an ownership interest in more than one (1) retail liquor permit to any such subsequent purchasers, assignees, or devisees without violating any of the provisions hereinabove. (d) A holder of a vested permit may brand each of the businesses that is operated under the vested permit with the same name or logo, or both. Amended by Act 2015, No. 1142,§ 1, eff. 7/22/2015. Acts 1971, No. 106, § 2; A.S.A. 1947, § 48-310.2; Acts 1993, No. 433, § 1; 2011, No. 70, § 1.

(a) For purposes of this section, the term "vested permits" is defined as those multiple retail liquor permits which were lawfully issued to any person, firm, or corporation prior to July 19, 1971.

(b) (1) (A) No retail liquor permit shall be issued, either as a new permit or as a replacement of an existing permit, to any person, firm, or corporation if the person, firm, or corporation has any interest in another retail liquor permit, regardless of the degree of interest. (B) A retail liquor permit shall apply only to one (1) location, and a person, firm, or corporation shall not be permitted to receive any direct or indirect financial benefit from the sale of liquor at any location other than the permitted location. (2) However, notwithstanding this prohibition, any retail liquor permits held by any person, firm, or corporation on July 19, 1971, which continue to be held by any person, firm, or corporation having an interest in more than one (1) retail liquor permit on August 13, 1993, shall be vested permits.

(1) (A) No retail liquor permit shall be issued, either as a new permit or as a replacement of an existing permit, to any person, firm, or corporation if the person, firm, or corporation has any interest in another retail liquor permit, regardless of the degree of interest. (B) A retail liquor permit shall apply only to one (1) location, and a person, firm, or corporation shall not be permitted to receive any direct or indirect financial benefit from the sale of liquor at any location other than the permitted location.

(A) No retail liquor permit shall be issued, either as a new permit or as a replacement of an existing permit, to any person, firm, or corporation if the person, firm, or corporation has any interest in another retail liquor permit, regardless of the degree of interest.

(B) A retail liquor permit shall apply only to one (1) location, and a person, firm, or corporation shall not be permitted to receive any direct or indirect financial benefit from the sale of liquor at any location other than the permitted location.

(2) However, notwithstanding this prohibition, any retail liquor permits held by any person, firm, or corporation on July 19, 1971, which continue to be held by any person, firm, or corporation having an interest in more than one (1) retail liquor permit on August 13, 1993, shall be vested permits.

(c) (1) Holders of vested permits may not sell, convey, assign, or devise any such interest in multiple retail liquor permitted businesses to any person or persons, firm, or corporation which, on the date of any such transfer, already has any ownership interest in a permitted retail liquor business. (2) However, holders of vested permits shall be allowed to sell, convey, assign, or devise any such interest in multiple retail liquor permitted businesses to any other person or persons, firm, or corporation, thereby creating an ownership interest in more than one (1) retail liquor permit to any such subsequent purchasers, assignees, or devisees without violating any of the provisions hereinabove.

(1) Holders of vested permits may not sell, convey, assign, or devise any such interest in multiple retail liquor permitted businesses to any person or persons, firm, or corporation which, on the date of any such transfer, already has any ownership interest in a permitted retail liquor business.

(2) However, holders of vested permits shall be allowed to sell, convey, assign, or devise any such interest in multiple retail liquor permitted businesses to any other person or persons, firm, or corporation, thereby creating an ownership interest in more than one (1) retail liquor permit to any such subsequent purchasers, assignees, or devisees without violating any of the provisions hereinabove.

(d) A holder of a vested permit may brand each of the businesses that is operated under the vested permit with the same name or logo, or both.

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

Acts 1971, No. 106, § 2; A.S.A. 1947, § 48-310.2; Acts 1993, No. 433, § 1; 2011, No. 70, § 1.
Ark. Code Ann. § 3-5-1106 — AR Code / Title 3 / Chapter 5 / Subchapter 11 / Section 3-5-1106
Civil action for violations - Damages - Venue
Status: in_force

(a) If a supplier or wholesaler engages in conduct prohibited under this subchapter, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier or wholesaler that violates any provision of this subchapter shall be liable for all actual damages and all court costs and, in the court's discretion, reasonable attorney's fees incurred by a wholesaler as a result of that violation. (c) A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to this subchapter. (d) Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of this subchapter. (e) Any legal action taken under this subchapter or in a dispute over the provisions of an agreement, shall be filed in a court, state or federal, located in Arkansas, which state court is located in or which federal court has jurisdiction and venue of the county in which the wholesaler maintains its principal place of business in this state. Acts 1991, No. 8, § 10; 1991, No. 866, § 10.

(a) If a supplier or wholesaler engages in conduct prohibited under this subchapter, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct.

(b) A supplier or wholesaler that violates any provision of this subchapter shall be liable for all actual damages and all court costs and, in the court's discretion, reasonable attorney's fees incurred by a wholesaler as a result of that violation.

(c) A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to this subchapter.

(d) Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of this subchapter.

(e) Any legal action taken under this subchapter or in a dispute over the provisions of an agreement, shall be filed in a court, state or federal, located in Arkansas, which state court is located in or which federal court has jurisdiction and venue of the county in which the wholesaler maintains its principal place of business in this state.

Acts 1991, No. 8, § 10; 1991, No. 866, § 10.
Ark. Code Ann. § 3-2-404 — AR Code / Title 3 / Chapter 2 / Subchapter 4 / Section 3-2-404
Request to change wholesalers - Contents of application
Status: in_force

Any distiller, manufacturer, importer, or producer desiring to change wholesalers with respect to any brand shall file with the Director of the Alcoholic Beverage Control Division a wholesaler change request containing the following information as applicable: (1) The name of each brand involved; (2) The case volume in Arkansas for each brand for the current year or portion thereof and the two (2) previous calendar years; (3) The name of the wholesaler currently distributing such brand; (4) The name of the proposed new wholesaler; and (5) (A) A detailed explanation of the specific business reasons for the request to change wholesalers. (B) Business reasons which may be considered by the director in determining good cause for authorizing a change of wholesalers will include: (i) A wholesaler's bankruptcy or serious financial instability, including its consistent failure to pay its debts as they fall due or its failure to meet or maintain any objective standards of capitalization expressly agreed to between the wholesaler and the distiller, manufacturer, importer, or producer, provided such standards are determined by the director to be commercially reasonable; (ii) A wholesaler's repeated violations of any provision of federal or state law, rule, or regulation, whether or not such violations resulted in official action; (iii) A wholesaler's failure to maintain reasonable sales volume of the brand, taking into consideration such factors as the extent of the distiller's, manufacturer's, importer's, or producer's advertising and promotion of the particular brand, prevailing economic conditions affecting sales generally, or the extent of the wholesaler's efforts, or lack thereof, to promote a particular brand; and (iv) Any other factors relevant to such proposed change and which aid the director in determining good cause. Amended by Act 2019, No. 315,§ 40, eff. 7/24/2019. Acts 1991, No. 260, § 3.

Any distiller, manufacturer, importer, or producer desiring to change wholesalers with respect to any brand shall file with the Director of the Alcoholic Beverage Control Division a wholesaler change request containing the following information as applicable:

(1) The name of each brand involved;

(2) The case volume in Arkansas for each brand for the current year or portion thereof and the two (2) previous calendar years;

(3) The name of the wholesaler currently distributing such brand;

(4) The name of the proposed new wholesaler; and

(5) (A) A detailed explanation of the specific business reasons for the request to change wholesalers. (B) Business reasons which may be considered by the director in determining good cause for authorizing a change of wholesalers will include: (i) A wholesaler's bankruptcy or serious financial instability, including its consistent failure to pay its debts as they fall due or its failure to meet or maintain any objective standards of capitalization expressly agreed to between the wholesaler and the distiller, manufacturer, importer, or producer, provided such standards are determined by the director to be commercially reasonable; (ii) A wholesaler's repeated violations of any provision of federal or state law, rule, or regulation, whether or not such violations resulted in official action; (iii) A wholesaler's failure to maintain reasonable sales volume of the brand, taking into consideration such factors as the extent of the distiller's, manufacturer's, importer's, or producer's advertising and promotion of the particular brand, prevailing economic conditions affecting sales generally, or the extent of the wholesaler's efforts, or lack thereof, to promote a particular brand; and (iv) Any other factors relevant to such proposed change and which aid the director in determining good cause.

(A) A detailed explanation of the specific business reasons for the request to change wholesalers.

(B) Business reasons which may be considered by the director in determining good cause for authorizing a change of wholesalers will include: (i) A wholesaler's bankruptcy or serious financial instability, including its consistent failure to pay its debts as they fall due or its failure to meet or maintain any objective standards of capitalization expressly agreed to between the wholesaler and the distiller, manufacturer, importer, or producer, provided such standards are determined by the director to be commercially reasonable; (ii) A wholesaler's repeated violations of any provision of federal or state law, rule, or regulation, whether or not such violations resulted in official action; (iii) A wholesaler's failure to maintain reasonable sales volume of the brand, taking into consideration such factors as the extent of the distiller's, manufacturer's, importer's, or producer's advertising and promotion of the particular brand, prevailing economic conditions affecting sales generally, or the extent of the wholesaler's efforts, or lack thereof, to promote a particular brand; and (iv) Any other factors relevant to such proposed change and which aid the director in determining good cause.

(i) A wholesaler's bankruptcy or serious financial instability, including its consistent failure to pay its debts as they fall due or its failure to meet or maintain any objective standards of capitalization expressly agreed to between the wholesaler and the distiller, manufacturer, importer, or producer, provided such standards are determined by the director to be commercially reasonable;

(ii) A wholesaler's repeated violations of any provision of federal or state law, rule, or regulation, whether or not such violations resulted in official action;

(iii) A wholesaler's failure to maintain reasonable sales volume of the brand, taking into consideration such factors as the extent of the distiller's, manufacturer's, importer's, or producer's advertising and promotion of the particular brand, prevailing economic conditions affecting sales generally, or the extent of the wholesaler's efforts, or lack thereof, to promote a particular brand; and

(iv) Any other factors relevant to such proposed change and which aid the director in determining good cause.

Amended by Act 2019, No. 315,§ 40, eff. 7/24/2019.

Acts 1991, No. 260, § 3.
Ark. Code Ann. § 3-5-1607 — AR Code / Title 3 / Chapter 5 / Subchapter 16 / Section 3-5-1607
Sales on any day of the week
Status: in_force

Notwithstanding any law to the contrary, small farm winery wine may be sold at any winery located in this state for on-premises or off-premises consumption on any day of the week. Acts 2007, No. 668, § 1.

Notwithstanding any law to the contrary, small farm winery wine may be sold at any winery located in this state for on-premises or off-premises consumption on any day of the week.

Acts 2007, No. 668, § 1.
Ark. Code Ann. § 3-7-116 — AR Code / Title 3 / Chapter 7 / Subchapter 1 / Section 3-7-116
Tax rebate for qualified manufacturers - Definitions
Status: in_force

(a) For purposes of this section: (1) "Barrel" means thirty-one gallons (31 gals.) of liquid; (2) "Beer" means any fermented liquor made from malt or any substitute and having an alcoholic content of not more than five percent (5%) by weight; (3) "Malt beverage" means any liquor brewed from the fermented juices of grain and having an alcoholic content of not less than five percent (5%) or more than twenty-one percent (21%) by weight; (4) (A) (i) "Qualified manufacturer" means a person that manufactures a combined total of less than twenty-five thousand (25,000) barrels of beer and malt beverage during the twelve-month period immediately preceding the twelve-month period for which the rebate under this section is claimed. (ii) "Qualified manufacturer" includes a person licensed under § 3-5-1201 et seq. or the Arkansas Small Brewery Act, § 3-5-1401 et seq. (B) (i) The maximum quantity of less than twenty-five thousand (25,000) barrels of beer and malt beverage shall be computed by combining all brands and labels of beer and malt beverage manufactured at all manufacturing facilities owned or controlled by the qualified manufacturer. (ii) (a) The person shall validate its eligibility by furnishing copies of the following forms: (1) Brewers Report of Operations (monthly or quarterly) TTB Form (OMB Number 1512-0052); or (2) Its equivalent form as submitted to the United States Department of the Treasury. (b) The forms shall demonstrate that the combined manufactured barrels of beer and malt beverage are less than twenty-five thousand (25,000) barrels of beer; and (5) "Wholesaler" means a person licensed by the Alcoholic Beverage Control Division as a wholesaler that purchases beer or malt beverage from a qualified manufacturer. (b) (1) (A) A qualified manufacturer is entitled to a tax rebate equal to seven dollars and fifty cents ($7.50) per barrel of beer, malt beverage, or hard cider sold or offered for sale in Arkansas each calendar year by the qualified manufacturer or sold through its appointed wholesalers if the qualified manufacturer or its wholesaler is required to report and pay tax under § 3-5-1205(3) , § 3-5-1408(3) , or § 3-7-104 on the beer, malt beverage, or hard cider first sold or offered for sale in this state. (B) The tax rebate claimed each year by the qualified manufacturer under this section shall not exceed the annual tax liability of the qualified manufacturer and its wholesalers under § 3-5-1205(3) , § 3-5-1408(3) , or § 3-7-104 during the year requested. (2) The first twelve-month period for which a qualified manufacturer may claim a rebate under this section begins January 1, 2007, for the year ending December 31, 2006. (c) (1) If a qualified manufacturer under this section expands to produce a combined twenty-five thousand (25,000) barrels or more of beer and malt beverage during a twelve-month period, the qualified manufacturer shall submit a form to the division acknowledging that production has exceeded the limit amount for qualification as a qualified manufacturer. (2) A qualified manufacturer that has filed the form required in subdivision (c)(1) of this section may continue to claim the tax rebate under subsection (b) of this section on the first twenty-four thousand nine hundred and ninety-nine (24,999) barrels of beer or malt beverage manufactured during the twelve-month period immediately preceding the twelve-month period for which the rebate under this section is claimed as validated under subdivision (a)(4)(B)(ii) of this section. Amended by Act 2017, No. 614,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 857,§ 11, eff. 3/31/2015. Acts 2007, No. 1203, § 1.

(a) For purposes of this section: (1) "Barrel" means thirty-one gallons (31 gals.) of liquid; (2) "Beer" means any fermented liquor made from malt or any substitute and having an alcoholic content of not more than five percent (5%) by weight; (3) "Malt beverage" means any liquor brewed from the fermented juices of grain and having an alcoholic content of not less than five percent (5%) or more than twenty-one percent (21%) by weight; (4) (A) (i) "Qualified manufacturer" means a person that manufactures a combined total of less than twenty-five thousand (25,000) barrels of beer and malt beverage during the twelve-month period immediately preceding the twelve-month period for which the rebate under this section is claimed. (ii) "Qualified manufacturer" includes a person licensed under § 3-5-1201 et seq. or the Arkansas Small Brewery Act, § 3-5-1401 et seq. (B) (i) The maximum quantity of less than twenty-five thousand (25,000) barrels of beer and malt beverage shall be computed by combining all brands and labels of beer and malt beverage manufactured at all manufacturing facilities owned or controlled by the qualified manufacturer. (ii) (a) The person shall validate its eligibility by furnishing copies of the following forms: (1) Brewers Report of Operations (monthly or quarterly) TTB Form (OMB Number 1512-0052); or (2) Its equivalent form as submitted to the United States Department of the Treasury. (b) The forms shall demonstrate that the combined manufactured barrels of beer and malt beverage are less than twenty-five thousand (25,000) barrels of beer; and (5) "Wholesaler" means a person licensed by the Alcoholic Beverage Control Division as a wholesaler that purchases beer or malt beverage from a qualified manufacturer.

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

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

(3) "Malt beverage" means any liquor brewed from the fermented juices of grain and having an alcoholic content of not less than five percent (5%) or more than twenty-one percent (21%) by weight;

(4) (A) (i) "Qualified manufacturer" means a person that manufactures a combined total of less than twenty-five thousand (25,000) barrels of beer and malt beverage during the twelve-month period immediately preceding the twelve-month period for which the rebate under this section is claimed. (ii) "Qualified manufacturer" includes a person licensed under § 3-5-1201 et seq. or the Arkansas Small Brewery Act, § 3-5-1401 et seq. (B) (i) The maximum quantity of less than twenty-five thousand (25,000) barrels of beer and malt beverage shall be computed by combining all brands and labels of beer and malt beverage manufactured at all manufacturing facilities owned or controlled by the qualified manufacturer. (ii) (a) The person shall validate its eligibility by furnishing copies of the following forms: (1) Brewers Report of Operations (monthly or quarterly) TTB Form (OMB Number 1512-0052); or (2) Its equivalent form as submitted to the United States Department of the Treasury. (b) The forms shall demonstrate that the combined manufactured barrels of beer and malt beverage are less than twenty-five thousand (25,000) barrels of beer; and

(A) (i) "Qualified manufacturer" means a person that manufactures a combined total of less than twenty-five thousand (25,000) barrels of beer and malt beverage during the twelve-month period immediately preceding the twelve-month period for which the rebate under this section is claimed. (ii) "Qualified manufacturer" includes a person licensed under § 3-5-1201 et seq. or the Arkansas Small Brewery Act, § 3-5-1401 et seq.

(i) "Qualified manufacturer" means a person that manufactures a combined total of less than twenty-five thousand (25,000) barrels of beer and malt beverage during the twelve-month period immediately preceding the twelve-month period for which the rebate under this section is claimed.

(ii) "Qualified manufacturer" includes a person licensed under § 3-5-1201 et seq. or the Arkansas Small Brewery Act, § 3-5-1401 et seq.

(B) (i) The maximum quantity of less than twenty-five thousand (25,000) barrels of beer and malt beverage shall be computed by combining all brands and labels of beer and malt beverage manufactured at all manufacturing facilities owned or controlled by the qualified manufacturer. (ii) (a) The person shall validate its eligibility by furnishing copies of the following forms: (1) Brewers Report of Operations (monthly or quarterly) TTB Form (OMB Number 1512-0052); or (2) Its equivalent form as submitted to the United States Department of the Treasury. (b) The forms shall demonstrate that the combined manufactured barrels of beer and malt beverage are less than twenty-five thousand (25,000) barrels of beer; and

(i) The maximum quantity of less than twenty-five thousand (25,000) barrels of beer and malt beverage shall be computed by combining all brands and labels of beer and malt beverage manufactured at all manufacturing facilities owned or controlled by the qualified manufacturer.

(ii) (a) The person shall validate its eligibility by furnishing copies of the following forms: (1) Brewers Report of Operations (monthly or quarterly) TTB Form (OMB Number 1512-0052); or (2) Its equivalent form as submitted to the United States Department of the Treasury. (b) The forms shall demonstrate that the combined manufactured barrels of beer and malt beverage are less than twenty-five thousand (25,000) barrels of beer; and

(a) The person shall validate its eligibility by furnishing copies of the following forms: (1) Brewers Report of Operations (monthly or quarterly) TTB Form (OMB Number 1512-0052); or (2) Its equivalent form as submitted to the United States Department of the Treasury.

(1) Brewers Report of Operations (monthly or quarterly) TTB Form (OMB Number 1512-0052); or

(2) Its equivalent form as submitted to the United States Department of the Treasury.

(b) The forms shall demonstrate that the combined manufactured barrels of beer and malt beverage are less than twenty-five thousand (25,000) barrels of beer; and

(5) "Wholesaler" means a person licensed by the Alcoholic Beverage Control Division as a wholesaler that purchases beer or malt beverage from a qualified manufacturer.

(b) (1) (A) A qualified manufacturer is entitled to a tax rebate equal to seven dollars and fifty cents ($7.50) per barrel of beer, malt beverage, or hard cider sold or offered for sale in Arkansas each calendar year by the qualified manufacturer or sold through its appointed wholesalers if the qualified manufacturer or its wholesaler is required to report and pay tax under § 3-5-1205(3) , § 3-5-1408(3) , or § 3-7-104 on the beer, malt beverage, or hard cider first sold or offered for sale in this state. (B) The tax rebate claimed each year by the qualified manufacturer under this section shall not exceed the annual tax liability of the qualified manufacturer and its wholesalers under § 3-5-1205(3) , § 3-5-1408(3) , or § 3-7-104 during the year requested. (2) The first twelve-month period for which a qualified manufacturer may claim a rebate under this section begins January 1, 2007, for the year ending December 31, 2006.

(1) (A) A qualified manufacturer is entitled to a tax rebate equal to seven dollars and fifty cents ($7.50) per barrel of beer, malt beverage, or hard cider sold or offered for sale in Arkansas each calendar year by the qualified manufacturer or sold through its appointed wholesalers if the qualified manufacturer or its wholesaler is required to report and pay tax under § 3-5-1205(3) , § 3-5-1408(3) , or § 3-7-104 on the beer, malt beverage, or hard cider first sold or offered for sale in this state. (B) The tax rebate claimed each year by the qualified manufacturer under this section shall not exceed the annual tax liability of the qualified manufacturer and its wholesalers under § 3-5-1205(3) , § 3-5-1408(3) , or § 3-7-104 during the year requested.

(A) A qualified manufacturer is entitled to a tax rebate equal to seven dollars and fifty cents ($7.50) per barrel of beer, malt beverage, or hard cider sold or offered for sale in Arkansas each calendar year by the qualified manufacturer or sold through its appointed wholesalers if the qualified manufacturer or its wholesaler is required to report and pay tax under § 3-5-1205(3) , § 3-5-1408(3) , or § 3-7-104 on the beer, malt beverage, or hard cider first sold or offered for sale in this state.

(B) The tax rebate claimed each year by the qualified manufacturer under this section shall not exceed the annual tax liability of the qualified manufacturer and its wholesalers under § 3-5-1205(3) , § 3-5-1408(3) , or § 3-7-104 during the year requested.

(2) The first twelve-month period for which a qualified manufacturer may claim a rebate under this section begins January 1, 2007, for the year ending December 31, 2006.

(c) (1) If a qualified manufacturer under this section expands to produce a combined twenty-five thousand (25,000) barrels or more of beer and malt beverage during a twelve-month period, the qualified manufacturer shall submit a form to the division acknowledging that production has exceeded the limit amount for qualification as a qualified manufacturer. (2) A qualified manufacturer that has filed the form required in subdivision (c)(1) of this section may continue to claim the tax rebate under subsection (b) of this section on the first twenty-four thousand nine hundred and ninety-nine (24,999) barrels of beer or malt beverage manufactured during the twelve-month period immediately preceding the twelve-month period for which the rebate under this section is claimed as validated under subdivision (a)(4)(B)(ii) of this section.

(1) If a qualified manufacturer under this section expands to produce a combined twenty-five thousand (25,000) barrels or more of beer and malt beverage during a twelve-month period, the qualified manufacturer shall submit a form to the division acknowledging that production has exceeded the limit amount for qualification as a qualified manufacturer.

(2) A qualified manufacturer that has filed the form required in subdivision (c)(1) of this section may continue to claim the tax rebate under subsection (b) of this section on the first twenty-four thousand nine hundred and ninety-nine (24,999) barrels of beer or malt beverage manufactured during the twelve-month period immediately preceding the twelve-month period for which the rebate under this section is claimed as validated under subdivision (a)(4)(B)(ii) of this section.

Amended by Act 2017, No. 614,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 857,§ 11, eff. 3/31/2015.

Acts 2007, No. 1203, § 1.