Ark. Code Ann. § 3-5-805 — AR Code / Title 3 / Chapter 5 / Subchapter 8 / Section 3-5-805
Declaration of a relief program - Effect
Status: in_force

(a) Whenever, due to excessive heat, drought, flood, plant disease, or other natural disaster, the production of Arkansas-grown grapes, fruits, berries, or vegetables necessary to sustain the operation of native wineries on a full production basis is severely curtailed, upon petition therefor by one (1) or more native wineries licensed to do business in this state, and upon certification from the University of Arkansas Cooperative Extension Service that the production of such products has been curtailed due to natural disaster and outlining the estimated extent of the curtailment, the Secretary of the Department of Finance and Administration shall determine, within thirty (30) days, whether circumstances exist which justify the declaration of a native wine industry disaster relief program. In connection therewith, the secretary shall make independent studies and obtain information as he or she may deem appropriate or necessary to reach a proper decision in regard to the petition. (b) (1) Upon conclusion of the studies, and in no event later than thirty (30) days after the date of the receipt of the petition, the secretary shall issue a ruling. (2) If the secretary shall determine that circumstances justify the invoking of a native wine industry disaster relief program, as authorized in this subchapter, he or she shall state in his or her order the facts which justify the establishment of the program, the anticipated loss in production of Arkansas-grown grapes, fruits, berries, or vegetables, or varieties thereof, to result from the natural disaster, and the duration for which the native wine industry disaster relief program shall extend. (3) Copies of the order shall be filed by the secretary with each licensed native winery in this state and with other interested parties who may request copies of the order. (c) During the period of the native wine industry disaster relief program, as determined by the secretary, native wineries in this state may acquire from sources outside this state supplies of grapes, fruits, berries, or vegetables within the percentage of their total consumption of such products as set forth by the secretary. Amended by Act 2019, No. 910,§ 3316, eff. 7/1/2019. Acts 1981, No. 335, § 4; A.S.A. 1947, § 48-645.

(a) Whenever, due to excessive heat, drought, flood, plant disease, or other natural disaster, the production of Arkansas-grown grapes, fruits, berries, or vegetables necessary to sustain the operation of native wineries on a full production basis is severely curtailed, upon petition therefor by one (1) or more native wineries licensed to do business in this state, and upon certification from the University of Arkansas Cooperative Extension Service that the production of such products has been curtailed due to natural disaster and outlining the estimated extent of the curtailment, the Secretary of the Department of Finance and Administration shall determine, within thirty (30) days, whether circumstances exist which justify the declaration of a native wine industry disaster relief program. In connection therewith, the secretary shall make independent studies and obtain information as he or she may deem appropriate or necessary to reach a proper decision in regard to the petition.

(b) (1) Upon conclusion of the studies, and in no event later than thirty (30) days after the date of the receipt of the petition, the secretary shall issue a ruling. (2) If the secretary shall determine that circumstances justify the invoking of a native wine industry disaster relief program, as authorized in this subchapter, he or she shall state in his or her order the facts which justify the establishment of the program, the anticipated loss in production of Arkansas-grown grapes, fruits, berries, or vegetables, or varieties thereof, to result from the natural disaster, and the duration for which the native wine industry disaster relief program shall extend. (3) Copies of the order shall be filed by the secretary with each licensed native winery in this state and with other interested parties who may request copies of the order.

(1) Upon conclusion of the studies, and in no event later than thirty (30) days after the date of the receipt of the petition, the secretary shall issue a ruling.

(2) If the secretary shall determine that circumstances justify the invoking of a native wine industry disaster relief program, as authorized in this subchapter, he or she shall state in his or her order the facts which justify the establishment of the program, the anticipated loss in production of Arkansas-grown grapes, fruits, berries, or vegetables, or varieties thereof, to result from the natural disaster, and the duration for which the native wine industry disaster relief program shall extend.

(3) Copies of the order shall be filed by the secretary with each licensed native winery in this state and with other interested parties who may request copies of the order.

(c) During the period of the native wine industry disaster relief program, as determined by the secretary, native wineries in this state may acquire from sources outside this state supplies of grapes, fruits, berries, or vegetables within the percentage of their total consumption of such products as set forth by the secretary.

Amended by Act 2019, No. 910,§ 3316, eff. 7/1/2019.

Acts 1981, No. 335, § 4; A.S.A. 1947, § 48-645.
Ark. Code Ann. § 3-5-223 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-223
Actions to recover taxes
Status: in_force

(a) Where the Secretary of the Department of Finance and Administration finds upon investigation that the state has lost tax on account of the evasion of any provision of law, he or she may bring suit in his or her own name in the proper court for the recovery of such taxes. (b) Action shall lie against the person evading the tax and against any person who aided, abetted, or assisted in such evasion. Amended by Act 2019, No. 910,§ 3310, eff. 7/1/2019. Acts 1933 (1st Ex. Sess.), No. 7, § 16; Pope's Dig., § 14208; A.S.A. 1947, § 48-522.

(a) Where the Secretary of the Department of Finance and Administration finds upon investigation that the state has lost tax on account of the evasion of any provision of law, he or she may bring suit in his or her own name in the proper court for the recovery of such taxes.

(b) Action shall lie against the person evading the tax and against any person who aided, abetted, or assisted in such evasion.

Amended by Act 2019, No. 910,§ 3310, eff. 7/1/2019.

Acts 1933 (1st Ex. Sess.), No. 7, § 16; Pope's Dig., § 14208; A.S.A. 1947, § 48-522.
Ark. Code Ann. § 3-4-603 — AR Code / Title 3 / Chapter 4 / Subchapter 6 / Section 3-4-603
Rectifiers
Status: in_force

(a) Any person may apply to the Director of the Alcoholic Beverage Control Division for a permit for the rectifying, purifying, mixing, blending, or flavoring of spirituous liquors or the bottling, warehousing, or other handling or distribution of rectified distilled spirits. (b) The application shall be in writing and verified and shall set forth in detail such information concerning the applicant for the permit and the premises to be used therefor as the director shall require. (c) The application shall be accompanied by a certified check, cash, or postal money order for the amount required by this act for the permit. (d) If the director shall grant the application, he or she shall issue a permit in such form as shall be determined by rules. (e) The permit shall contain a description of the premises to be used by the applicant and in form and in substance shall be a permit to the person therein specifically designated to purify, mix, blend, or flavor spirituous or vinous liquors or to bottle, warehouse, or otherwise handle or distribute rectified distilled spirits in the premises therein specifically authorized. (f) The director shall have absolute discretion as to the location of the premises to be used. (g) Under such rules as may be adopted by the director, any rectifier may sell, deliver, or transport only: (1) To wholesalers; (2) To other rectifiers; and (3) For the purpose of export out of the state. (h) For the privilege of rectifying, blending, or flavoring spirituous liquors, there is assessed and there shall be paid an annual permit fee of and by every person engaged therein the sum of fifteen hundred dollars ($1,500) for each and every rectifying, blending, or flavoring plant. Acts 1935, No. 108, Art. 3, § 4; 1935, No. 108, Art. 4, § 2; Pope's Dig., §§ 14108, 14128; Acts 1983, No. 675, § 2; A.S.A. 1947, §§ 48-304, 48-322.

(a) Any person may apply to the Director of the Alcoholic Beverage Control Division for a permit for the rectifying, purifying, mixing, blending, or flavoring of spirituous liquors or the bottling, warehousing, or other handling or distribution of rectified distilled spirits.

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

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

(d) If the director shall grant the application, he or she shall issue a permit in such form as shall be determined by rules.

(e) The permit shall contain a description of the premises to be used by the applicant and in form and in substance shall be a permit to the person therein specifically designated to purify, mix, blend, or flavor spirituous or vinous liquors or to bottle, warehouse, or otherwise handle or distribute rectified distilled spirits in the premises therein specifically authorized.

(f) The director shall have absolute discretion as to the location of the premises to be used.

(g) Under such rules as may be adopted by the director, any rectifier may sell, deliver, or transport only: (1) To wholesalers; (2) To other rectifiers; and (3) For the purpose of export out of the state.

(1) To wholesalers;

(2) To other rectifiers; and

(3) For the purpose of export out of the state.

(h) For the privilege of rectifying, blending, or flavoring spirituous liquors, there is assessed and there shall be paid an annual permit fee of and by every person engaged therein the sum of fifteen hundred dollars ($1,500) for each and every rectifying, blending, or flavoring plant.

Acts 1935, No. 108, Art. 3, § 4; 1935, No. 108, Art. 4, § 2; Pope's Dig., §§ 14108, 14128; Acts 1983, No. 675, § 2; A.S.A. 1947, §§ 48-304, 48-322.
Ark. Code Ann. § 3-7-202 — AR Code / Title 3 / Chapter 7 / Subchapter 2 / Section 3-7-202
Lien - Procedure for obtaining
Status: in_force

(a) If the taxpayer fails to demand a hearing before the Secretary of the Department of Finance and Administration within twenty (20) days after an assessment of the tax due the state has been made under this subchapter or, if the taxpayer shall fail to pay the tax assessed by the secretary after a hearing and an order by the secretary establishing the tax, as hereinbefore provided, then the secretary may as soon as practicable thereafter issue to the circuit clerk of any county of the state a certificate certifying that the person therein named is indebted to the state for the tax established by the secretary to be due. (b) The circuit clerk shall immediately enter upon the circuit court judgment docket the name of the delinquent taxpayer, the amount certified as being due, a short name of the tax, and the date of the entry upon the judgment docket. (c) The entry shall have the same force and effect as an entry on the judgment docket of a judgment rendered by the circuit court of the county and shall constitute and be evidence of the state's lien upon the title to any interest in any real property of the taxpayer named in the certificate. (d) The entry of the certificate as a judgment shall constitute, in addition to the force and effect above described, a lien also upon all personal property of the taxpayer named therein from the time of the entry of the certificate. (e) The lien shall be in addition to any and all other liens existing in favor of the state to secure the payment of the unpaid tax, penalty, interest, and costs. The lien shall be paramount and superior to all other liens of whatever kind and character attaching to any of the property subsequent to the date of the entry upon judgment docket. Amended by Act 2019, No. 910,§ 3336, eff. 7/1/2019. Acts 1957, No. 410, § 1; A.S.A. 1947, § 48-411.1.

(a) If the taxpayer fails to demand a hearing before the Secretary of the Department of Finance and Administration within twenty (20) days after an assessment of the tax due the state has been made under this subchapter or, if the taxpayer shall fail to pay the tax assessed by the secretary after a hearing and an order by the secretary establishing the tax, as hereinbefore provided, then the secretary may as soon as practicable thereafter issue to the circuit clerk of any county of the state a certificate certifying that the person therein named is indebted to the state for the tax established by the secretary to be due.

(b) The circuit clerk shall immediately enter upon the circuit court judgment docket the name of the delinquent taxpayer, the amount certified as being due, a short name of the tax, and the date of the entry upon the judgment docket.

(c) The entry shall have the same force and effect as an entry on the judgment docket of a judgment rendered by the circuit court of the county and shall constitute and be evidence of the state's lien upon the title to any interest in any real property of the taxpayer named in the certificate.

(d) The entry of the certificate as a judgment shall constitute, in addition to the force and effect above described, a lien also upon all personal property of the taxpayer named therein from the time of the entry of the certificate.

(e) The lien shall be in addition to any and all other liens existing in favor of the state to secure the payment of the unpaid tax, penalty, interest, and costs. The lien shall be paramount and superior to all other liens of whatever kind and character attaching to any of the property subsequent to the date of the entry upon judgment docket.

Amended by Act 2019, No. 910,§ 3336, eff. 7/1/2019.

Acts 1957, No. 410, § 1; A.S.A. 1947, § 48-411.1.
Ark. Code Ann. § 3-2-205 — AR Code / Title 3 / Chapter 2 / Subchapter 2 / Section 3-2-205
Powers and duties
Status: in_force

(a) The Alcoholic Beverage Control Division and the Alcoholic Beverage Control Enforcement Division shall have full responsibility for all phases of alcoholic beverage control in Arkansas. (b) The Alcoholic Beverage Control Division shall have the following powers, functions, and duties: (1) To fix by rule the standards of manufacturing, rectifying, and blending in order to ensure the use of proper ingredients and methods in the manufacturing, rectifying, and blending of vinous, spirituous, or malt liquors to be sold in the state; (2) To adopt rules for the supervision and control of the manufacture and sale of vinous (except wines), spirituous, or malt liquors throughout the state not inconsistent with law; (3) To prescribe forms of applications for permits under this act and of all periodic reports deemed necessary to be made by any permittee; (4) To fix the hours during which vinous, spirituous, or malt liquors may be sold or dispensed at retail, as provided by this act; (5) (A) To keep records in proper form, to be prescribed by the Director of the Alcoholic Beverage Control Division and the Secretary of the Department of Finance and Administration, of all permits issued and all permits revoked under the provisions of this act and to keep records in such form so as to provide ready information as to the identity of all permit holders, including the names of stockholders who are not exempted under subdivision (b)(5)(B) of this section, and directors of corporations holding permits, and also the location of all permitted premises. (B) The Alcoholic Beverage Control Division is not required to keep a record of the names of shareholders who are not the president or a director when the corporation: (i) Is publicly traded on a nationally recognized stock exchange; or (ii) Holds at least ten (10) permits issued by the Alcoholic Beverage Control Division for the sale of alcoholic beverages; and (6) To adopt rules for the supervision and control of nonresident beer sellers' permits. (c) The Director of the Alcoholic Beverage Control Division shall have the following powers, functions, and duties: (1) To receive applications for and to issue, refuse, suspend, and revoke licenses to manufacturers, processors, distributors, wholesalers, retailers, and transporters of alcoholic beverages; (2) To call upon other administrative departments of the state, county, and city governments, sheriffs, city police departments, city marshals, and peace officers for such information and assistance as the Director of the Alcoholic Beverage Control Division may deem necessary in the performance of the duties imposed upon him or her by this subchapter; (3) To inspect or cause to be inspected any premises where alcoholic beverages are manufactured, distributed, or sold; (4) In the conduct of any hearing: (A) To examine or cause to be examined under oath any person, and examine or cause to be examined books and records of any licensee; (B) To hear testimony and to take proof material for his or her information and the discharge of his or her duties hereunder; (C) To administer or cause to be administered oaths; and (D) For any such purposes, to issue subpoenas to require the attendance of witnesses and the production of books. These subpoenas shall be effective in any part of this state. Any circuit court, either in term time or vacation, by order duly entered may require the attendance of witnesses or the production of relevant books subpoenaed by the Director of the Alcoholic Beverage Control Division, and the court may compel obedience to its order by proceedings for contempt; (5) Such other powers, functions, and duties as are or may be imposed or conferred upon him or her by law; and (6) Any other powers, functions, and duties pertaining to the control of alcoholic beverages which previously were granted to the secretary and which are not specifically delegated to the Alcoholic Beverage Control Board by the provisions of this subchapter. (d) The Director of the Alcoholic Beverage Control Enforcement Division shall have the following functions, powers, and duties: (1) To call upon other administrative departments of the state, county, and city governments, sheriffs, city police departments, city marshals, and peace officers for such information and assistance as he or she may deem necessary in the performance of the duties imposed upon the Director of the Alcoholic Beverage Control Division by this subchapter; (2) To inspect or cause to be inspected any premises where alcoholic beverages are manufactured, distributed, or sold; (3) Such other powers, functions, and duties as are or may be imposed or conferred upon him or her by law; and (4) Any other powers, functions, and duties pertaining to the control of alcoholic beverages which previously were granted to the secretary and which are not specifically delegated to the Director of the Alcoholic Beverage Control Division or the board by the provisions of this subchapter. (e) (1) The power and duty to collect taxes imposed on alcoholic beverages and to collect permit and license fees levied for the privilege of manufacturing, processing, selling, and transporting alcoholic beverages is specifically excepted from the powers and duties granted or assigned to the Alcoholic Beverage Control Division and the Alcoholic Beverage Control Enforcement Division. Provided, however, the permit or license holders' failure to pay taxes imposed on alcoholic beverages or any state or local gross receipts and compensating use taxes in a timely manner shall be grounds for the revocation or nonrenewal of their permits or licenses by the board. (2) The collection of all such taxes and permit or license fees shall be by the secretary and his or her agents and employees, as provided by law. (3) The secretary shall make a biennial report to the Governor and the General Assembly of his or her activities for the past year, which shall include statistics as to the amount of vinous (except wines), spirituous, or malt liquors manufactured in the State of Arkansas and the disposition thereof; the increase or decrease in their consumption over the preceding year; the amount of taxes and permit fees collected; and such other information as he or she deems advisable. (4) The secretary shall report by June 1 of each year to the Alcoholic Beverage Control Division and the board any and all permit and license holders who are more than ninety (90) days delinquent on any alcoholic beverage sales tax, excise tax, supplemental mixed drink tax, any other tax relating to the sale or dispensing of alcoholic beverages, or any state or local gross receipts or compensating use taxes. Amended by Act 2019, No. 315,§ 36, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 35, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3304, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3303, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3302, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3301, eff. 7/1/2019. Amended by Act 2013, No. 325,§ 1, eff. 8/16/2013. Acts 1935, No. 108, Art. 2, § 3; Pope's Dig., § 14104; Acts 1951, No. 159, §§ 6, 11; A.S.A. 1947, §§ 48-203, 48-1305, 48-1310; Acts 1993, No. 779, § 1; 1995, No. 537, § 11.

(a) The Alcoholic Beverage Control Division and the Alcoholic Beverage Control Enforcement Division shall have full responsibility for all phases of alcoholic beverage control in Arkansas.

(b) The Alcoholic Beverage Control Division shall have the following powers, functions, and duties: (1) To fix by rule the standards of manufacturing, rectifying, and blending in order to ensure the use of proper ingredients and methods in the manufacturing, rectifying, and blending of vinous, spirituous, or malt liquors to be sold in the state; (2) To adopt rules for the supervision and control of the manufacture and sale of vinous (except wines), spirituous, or malt liquors throughout the state not inconsistent with law; (3) To prescribe forms of applications for permits under this act and of all periodic reports deemed necessary to be made by any permittee; (4) To fix the hours during which vinous, spirituous, or malt liquors may be sold or dispensed at retail, as provided by this act; (5) (A) To keep records in proper form, to be prescribed by the Director of the Alcoholic Beverage Control Division and the Secretary of the Department of Finance and Administration, of all permits issued and all permits revoked under the provisions of this act and to keep records in such form so as to provide ready information as to the identity of all permit holders, including the names of stockholders who are not exempted under subdivision (b)(5)(B) of this section, and directors of corporations holding permits, and also the location of all permitted premises. (B) The Alcoholic Beverage Control Division is not required to keep a record of the names of shareholders who are not the president or a director when the corporation: (i) Is publicly traded on a nationally recognized stock exchange; or (ii) Holds at least ten (10) permits issued by the Alcoholic Beverage Control Division for the sale of alcoholic beverages; and (6) To adopt rules for the supervision and control of nonresident beer sellers' permits.

(1) To fix by rule the standards of manufacturing, rectifying, and blending in order to ensure the use of proper ingredients and methods in the manufacturing, rectifying, and blending of vinous, spirituous, or malt liquors to be sold in the state;

(2) To adopt rules for the supervision and control of the manufacture and sale of vinous (except wines), spirituous, or malt liquors throughout the state not inconsistent with law;

(3) To prescribe forms of applications for permits under this act and of all periodic reports deemed necessary to be made by any permittee;

(4) To fix the hours during which vinous, spirituous, or malt liquors may be sold or dispensed at retail, as provided by this act;

(5) (A) To keep records in proper form, to be prescribed by the Director of the Alcoholic Beverage Control Division and the Secretary of the Department of Finance and Administration, of all permits issued and all permits revoked under the provisions of this act and to keep records in such form so as to provide ready information as to the identity of all permit holders, including the names of stockholders who are not exempted under subdivision (b)(5)(B) of this section, and directors of corporations holding permits, and also the location of all permitted premises. (B) The Alcoholic Beverage Control Division is not required to keep a record of the names of shareholders who are not the president or a director when the corporation: (i) Is publicly traded on a nationally recognized stock exchange; or (ii) Holds at least ten (10) permits issued by the Alcoholic Beverage Control Division for the sale of alcoholic beverages; and

(A) To keep records in proper form, to be prescribed by the Director of the Alcoholic Beverage Control Division and the Secretary of the Department of Finance and Administration, of all permits issued and all permits revoked under the provisions of this act and to keep records in such form so as to provide ready information as to the identity of all permit holders, including the names of stockholders who are not exempted under subdivision (b)(5)(B) of this section, and directors of corporations holding permits, and also the location of all permitted premises.

(B) The Alcoholic Beverage Control Division is not required to keep a record of the names of shareholders who are not the president or a director when the corporation: (i) Is publicly traded on a nationally recognized stock exchange; or (ii) Holds at least ten (10) permits issued by the Alcoholic Beverage Control Division for the sale of alcoholic beverages; and

(i) Is publicly traded on a nationally recognized stock exchange; or

(ii) Holds at least ten (10) permits issued by the Alcoholic Beverage Control Division for the sale of alcoholic beverages; and

(6) To adopt rules for the supervision and control of nonresident beer sellers' permits.

(c) The Director of the Alcoholic Beverage Control Division shall have the following powers, functions, and duties: (1) To receive applications for and to issue, refuse, suspend, and revoke licenses to manufacturers, processors, distributors, wholesalers, retailers, and transporters of alcoholic beverages; (2) To call upon other administrative departments of the state, county, and city governments, sheriffs, city police departments, city marshals, and peace officers for such information and assistance as the Director of the Alcoholic Beverage Control Division may deem necessary in the performance of the duties imposed upon him or her by this subchapter; (3) To inspect or cause to be inspected any premises where alcoholic beverages are manufactured, distributed, or sold; (4) In the conduct of any hearing: (A) To examine or cause to be examined under oath any person, and examine or cause to be examined books and records of any licensee; (B) To hear testimony and to take proof material for his or her information and the discharge of his or her duties hereunder; (C) To administer or cause to be administered oaths; and (D) For any such purposes, to issue subpoenas to require the attendance of witnesses and the production of books. These subpoenas shall be effective in any part of this state. Any circuit court, either in term time or vacation, by order duly entered may require the attendance of witnesses or the production of relevant books subpoenaed by the Director of the Alcoholic Beverage Control Division, and the court may compel obedience to its order by proceedings for contempt; (5) Such other powers, functions, and duties as are or may be imposed or conferred upon him or her by law; and (6) Any other powers, functions, and duties pertaining to the control of alcoholic beverages which previously were granted to the secretary and which are not specifically delegated to the Alcoholic Beverage Control Board by the provisions of this subchapter.

(1) To receive applications for and to issue, refuse, suspend, and revoke licenses to manufacturers, processors, distributors, wholesalers, retailers, and transporters of alcoholic beverages;

(2) To call upon other administrative departments of the state, county, and city governments, sheriffs, city police departments, city marshals, and peace officers for such information and assistance as the Director of the Alcoholic Beverage Control Division may deem necessary in the performance of the duties imposed upon him or her by this subchapter;

(3) To inspect or cause to be inspected any premises where alcoholic beverages are manufactured, distributed, or sold;

(4) In the conduct of any hearing: (A) To examine or cause to be examined under oath any person, and examine or cause to be examined books and records of any licensee; (B) To hear testimony and to take proof material for his or her information and the discharge of his or her duties hereunder; (C) To administer or cause to be administered oaths; and (D) For any such purposes, to issue subpoenas to require the attendance of witnesses and the production of books. These subpoenas shall be effective in any part of this state. Any circuit court, either in term time or vacation, by order duly entered may require the attendance of witnesses or the production of relevant books subpoenaed by the Director of the Alcoholic Beverage Control Division, and the court may compel obedience to its order by proceedings for contempt;

(A) To examine or cause to be examined under oath any person, and examine or cause to be examined books and records of any licensee;

(B) To hear testimony and to take proof material for his or her information and the discharge of his or her duties hereunder;

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

(D) For any such purposes, to issue subpoenas to require the attendance of witnesses and the production of books. These subpoenas shall be effective in any part of this state. Any circuit court, either in term time or vacation, by order duly entered may require the attendance of witnesses or the production of relevant books subpoenaed by the Director of the Alcoholic Beverage Control Division, and the court may compel obedience to its order by proceedings for contempt;

(5) Such other powers, functions, and duties as are or may be imposed or conferred upon him or her by law; and

(6) Any other powers, functions, and duties pertaining to the control of alcoholic beverages which previously were granted to the secretary and which are not specifically delegated to the Alcoholic Beverage Control Board by the provisions of this subchapter.

(d) The Director of the Alcoholic Beverage Control Enforcement Division shall have the following functions, powers, and duties: (1) To call upon other administrative departments of the state, county, and city governments, sheriffs, city police departments, city marshals, and peace officers for such information and assistance as he or she may deem necessary in the performance of the duties imposed upon the Director of the Alcoholic Beverage Control Division by this subchapter; (2) To inspect or cause to be inspected any premises where alcoholic beverages are manufactured, distributed, or sold; (3) Such other powers, functions, and duties as are or may be imposed or conferred upon him or her by law; and (4) Any other powers, functions, and duties pertaining to the control of alcoholic beverages which previously were granted to the secretary and which are not specifically delegated to the Director of the Alcoholic Beverage Control Division or the board by the provisions of this subchapter.

(1) To call upon other administrative departments of the state, county, and city governments, sheriffs, city police departments, city marshals, and peace officers for such information and assistance as he or she may deem necessary in the performance of the duties imposed upon the Director of the Alcoholic Beverage Control Division by this subchapter;

(2) To inspect or cause to be inspected any premises where alcoholic beverages are manufactured, distributed, or sold;

(3) Such other powers, functions, and duties as are or may be imposed or conferred upon him or her by law; and

(4) Any other powers, functions, and duties pertaining to the control of alcoholic beverages which previously were granted to the secretary and which are not specifically delegated to the Director of the Alcoholic Beverage Control Division or the board by the provisions of this subchapter.

(e) (1) The power and duty to collect taxes imposed on alcoholic beverages and to collect permit and license fees levied for the privilege of manufacturing, processing, selling, and transporting alcoholic beverages is specifically excepted from the powers and duties granted or assigned to the Alcoholic Beverage Control Division and the Alcoholic Beverage Control Enforcement Division. Provided, however, the permit or license holders' failure to pay taxes imposed on alcoholic beverages or any state or local gross receipts and compensating use taxes in a timely manner shall be grounds for the revocation or nonrenewal of their permits or licenses by the board. (2) The collection of all such taxes and permit or license fees shall be by the secretary and his or her agents and employees, as provided by law. (3) The secretary shall make a biennial report to the Governor and the General Assembly of his or her activities for the past year, which shall include statistics as to the amount of vinous (except wines), spirituous, or malt liquors manufactured in the State of Arkansas and the disposition thereof; the increase or decrease in their consumption over the preceding year; the amount of taxes and permit fees collected; and such other information as he or she deems advisable. (4) The secretary shall report by June 1 of each year to the Alcoholic Beverage Control Division and the board any and all permit and license holders who are more than ninety (90) days delinquent on any alcoholic beverage sales tax, excise tax, supplemental mixed drink tax, any other tax relating to the sale or dispensing of alcoholic beverages, or any state or local gross receipts or compensating use taxes.

(1) The power and duty to collect taxes imposed on alcoholic beverages and to collect permit and license fees levied for the privilege of manufacturing, processing, selling, and transporting alcoholic beverages is specifically excepted from the powers and duties granted or assigned to the Alcoholic Beverage Control Division and the Alcoholic Beverage Control Enforcement Division. Provided, however, the permit or license holders' failure to pay taxes imposed on alcoholic beverages or any state or local gross receipts and compensating use taxes in a timely manner shall be grounds for the revocation or nonrenewal of their permits or licenses by the board.

(2) The collection of all such taxes and permit or license fees shall be by the secretary and his or her agents and employees, as provided by law.

(3) The secretary shall make a biennial report to the Governor and the General Assembly of his or her activities for the past year, which shall include statistics as to the amount of vinous (except wines), spirituous, or malt liquors manufactured in the State of Arkansas and the disposition thereof; the increase or decrease in their consumption over the preceding year; the amount of taxes and permit fees collected; and such other information as he or she deems advisable.

(4) The secretary shall report by June 1 of each year to the Alcoholic Beverage Control Division and the board any and all permit and license holders who are more than ninety (90) days delinquent on any alcoholic beverage sales tax, excise tax, supplemental mixed drink tax, any other tax relating to the sale or dispensing of alcoholic beverages, or any state or local gross receipts or compensating use taxes.

Amended by Act 2019, No. 315,§ 36, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 35, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3304, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3303, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3302, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3301, eff. 7/1/2019.

Amended by Act 2013, No. 325,§ 1, eff. 8/16/2013.

Acts 1935, No. 108, Art. 2, § 3; Pope's Dig., § 14104; Acts 1951, No. 159, §§ 6, 11; A.S.A. 1947, §§ 48-203, 48-1305, 48-1310; Acts 1993, No. 779, § 1; 1995, No. 537, § 11.
Ark. Code Ann. § 3-3-202 — AR Code / Title 3 / Chapter 3 / Subchapter 2 / Section 3-3-202
Knowingly furnishing or selling to minor
Status: in_force

(a) (1) (A) It shall be unlawful for any person knowingly to give, procure, or otherwise furnish any alcoholic beverage or a confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) alcohol by volume to any person under twenty-one (21) years of age. (B) However, this subsection does not apply to the serving of an alcoholic beverage to the person's family or to the use of wine or beer in any religious ceremony or rite in any established church or religion. (2) (A) Upon a first conviction, any person violating this subsection shall be guilty of a Class A misdemeanor. (B) Upon a second conviction within three (3) years, a person violating this section shall be guilty of a Class D felony. (b) (1) It shall be unlawful for any person knowingly to sell or otherwise furnish for money or other valuable consideration any alcoholic beverage to any person under twenty-one (21) years of age. (2) (A) Upon a first conviction, any person violating this subsection shall be guilty of a Class D felony and shall be punished as provided by law. (B) Upon a second conviction within five (5) years, a person violating this section shall be deemed guilty of a Class C felony and may be imprisoned or fined, or both as provided by law. (c) (1) A warning notice that includes the provisions of subsections (a) and (b) of this section shall be posted in public view in each place of business where alcoholic beverages are sold. (2) The warning notice shall be posted in a manner prescribed by the Alcoholic Beverage Control Board. Amended by Act 2017, No. 1035,§ 4, eff. 8/1/2017. Acts 1967, No. 277, §§ 1, 2; A.S.A. 1947, § 48-903; Acts 1993, No. 875, § 2; 1995, No. 446, § 1; 2005, No. 1767, § 1; 2005, No. 1994, § 405; 2009, No. 352, § 1; 2009, No. 948, § 1.

(a) (1) (A) It shall be unlawful for any person knowingly to give, procure, or otherwise furnish any alcoholic beverage or a confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) alcohol by volume to any person under twenty-one (21) years of age. (B) However, this subsection does not apply to the serving of an alcoholic beverage to the person's family or to the use of wine or beer in any religious ceremony or rite in any established church or religion. (2) (A) Upon a first conviction, any person violating this subsection shall be guilty of a Class A misdemeanor. (B) Upon a second conviction within three (3) years, a person violating this section shall be guilty of a Class D felony.

(1) (A) It shall be unlawful for any person knowingly to give, procure, or otherwise furnish any alcoholic beverage or a confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) alcohol by volume to any person under twenty-one (21) years of age. (B) However, this subsection does not apply to the serving of an alcoholic beverage to the person's family or to the use of wine or beer in any religious ceremony or rite in any established church or religion.

(A) It shall be unlawful for any person knowingly to give, procure, or otherwise furnish any alcoholic beverage or a confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) alcohol by volume to any person under twenty-one (21) years of age.

(B) However, this subsection does not apply to the serving of an alcoholic beverage to the person's family or to the use of wine or beer in any religious ceremony or rite in any established church or religion.

(2) (A) Upon a first conviction, any person violating this subsection shall be guilty of a Class A misdemeanor. (B) Upon a second conviction within three (3) years, a person violating this section shall be guilty of a Class D felony.

(A) Upon a first conviction, any person violating this subsection shall be guilty of a Class A misdemeanor.

(B) Upon a second conviction within three (3) years, a person violating this section shall be guilty of a Class D felony.

(b) (1) It shall be unlawful for any person knowingly to sell or otherwise furnish for money or other valuable consideration any alcoholic beverage to any person under twenty-one (21) years of age. (2) (A) Upon a first conviction, any person violating this subsection shall be guilty of a Class D felony and shall be punished as provided by law. (B) Upon a second conviction within five (5) years, a person violating this section shall be deemed guilty of a Class C felony and may be imprisoned or fined, or both as provided by law.

(1) It shall be unlawful for any person knowingly to sell or otherwise furnish for money or other valuable consideration any alcoholic beverage to any person under twenty-one (21) years of age.

(2) (A) Upon a first conviction, any person violating this subsection shall be guilty of a Class D felony and shall be punished as provided by law. (B) Upon a second conviction within five (5) years, a person violating this section shall be deemed guilty of a Class C felony and may be imprisoned or fined, or both as provided by law.

(A) Upon a first conviction, any person violating this subsection shall be guilty of a Class D felony and shall be punished as provided by law.

(B) Upon a second conviction within five (5) years, a person violating this section shall be deemed guilty of a Class C felony and may be imprisoned or fined, or both as provided by law.

(c) (1) A warning notice that includes the provisions of subsections (a) and (b) of this section shall be posted in public view in each place of business where alcoholic beverages are sold. (2) The warning notice shall be posted in a manner prescribed by the Alcoholic Beverage Control Board.

(1) A warning notice that includes the provisions of subsections (a) and (b) of this section shall be posted in public view in each place of business where alcoholic beverages are sold.

(2) The warning notice shall be posted in a manner prescribed by the Alcoholic Beverage Control Board.

Amended by Act 2017, No. 1035,§ 4, eff. 8/1/2017.

Acts 1967, No. 277, §§ 1, 2; A.S.A. 1947, § 48-903; Acts 1993, No. 875, § 2; 1995, No. 446, § 1; 2005, No. 1767, § 1; 2005, No. 1994, § 405; 2009, No. 352, § 1; 2009, No. 948, § 1.
Ark. Code Ann. § 3-4-801 — AR Code / Title 3 / Chapter 4 / Subchapter 8 / Section 3-4-801
Legislative intent and purpose
Status: in_force

The legislative intent and purpose of this subchapter is to: (1) Eliminate the sale of alcoholic beverages to and consumption of alcoholic beverages by underage persons; (2) Reduce intoxication and to reduce accidents, injuries, and deaths in the state which are related to intoxication; and (3) Encourage alcoholic beverage permit holders to be prudent in the sale and service of alcoholic beverages. Acts 1993, No. 173, § 1.

The legislative intent and purpose of this subchapter is to:

(1) Eliminate the sale of alcoholic beverages to and consumption of alcoholic beverages by underage persons;

(2) Reduce intoxication and to reduce accidents, injuries, and deaths in the state which are related to intoxication; and

(3) Encourage alcoholic beverage permit holders to be prudent in the sale and service of alcoholic beverages.

Acts 1993, No. 173, § 1.
Ark. Code Ann. § 3-8-602 — AR Code / Title 3 / Chapter 8 / Subchapter 6 / Section 3-8-602
Local option election - Defunct voting district - On-premises consumption only
Status: in_force

(a) (1) Under subsection (b) of this section, an area within the boundaries of a defunct voting district may conduct an election to permit the sale of alcoholic beverages identified in subdivision (a)(2) of this section. (2) The sale of alcoholic beverages under this section shall be limited to beer, malt beverages, vinous beverages, and spirituous liquor for on-premises consumption within the corporate limits of a city of the first class or a city of the second class. (b) An election for an area within the boundaries of a defunct voting district to permit the sale of the alcoholic beverages identified in subdivision (a)(2) of this section shall be held as follows: (1) (A) A registered voter who resides in a county that contains a defunct voting district may request in writing or a city council of a city of the first class that includes a defunct voting district may request by ordinance that the county board of election commissioners issue a resolution to identify the boundaries of a territorial subdivision located in a defunct voting district in which qualified voters may reside. (B) The county board of election commissioners shall issue a resolution within thirty (30) days. (C) The resolution shall identify the: (i) Territorial subdivisions that are located wholly or partially within borders of any defunct voting districts in the county; (ii) Formal and informal name or designation of any defunct voting districts in the county as of the last date the defunct voting district held the election resulting in its dry status; (iii) Date on which any defunct voting district held the last local option election that resulted in the defunct voting district's becoming dry; and (iv) (a) Boundaries of any defunct voting district at the time of the last local option election that resulted in the defunct voting district's becoming dry. (b) The boundaries of the defunct voting district shall be based on state, county, or municipal records or other records publicly identified in the resolution. (D) The resolution shall include a map of the boundaries of the defunct voting district from which qualified electors residing within the defunct voting district can be identified and verified for purposes of obtaining signatures and conducting the local option election. (E) In preparing the resolution and the map, the county board of election commissioners may consult with the county clerk, the State Board of Election Commissioners, the Secretary of State, or any other entity able to provide assistance in confirming the data and preparing the map required by subdivision (b)(1)(D) of this section and the precise boundaries of the defunct voting district. (F) The resolution shall be filed with the county clerk and published one (1) time a week for two (2) weeks as soon as practicable in a newspaper of general circulation in the county; (2) (A) (i) A petition procedure for a local option election for a defunct voting district shall be conducted under § 3-8-201 et seq. (ii) The city council of a city of the first class that includes a defunct voting district may adopt an ordinance to hold a local option election to be conducted under § 3-8-201 et seq. (B) Signatures shall be obtained from fifteen percent (15%) of the qualified electors residing within the boundaries of a defunct voting district, as identified by the resolution and corresponding map. (C) When fifteen percent (15%) of the qualified voters have filed petitions with the county clerk under this subdivision (b)(2), the county clerk shall determine within ten (10) days the sufficiency of the petitions under § 3-8-205 ; (3) (A) (i) The election process for a special local option election for a defunct voting district shall be conducted pursuant to § 3-8-201 et seq. (ii) The county clerk shall issue a resolution calling for a special local option election for a defunct voting district for which the requisite number of signatures has been certified under subdivision (b)(2) of this section when: (a) The requisite number of qualified electors sign petitions filed with the county clerk; and (b) The county clerk certifies those signatures to the county board of election commissioners. (iii) The resolution calling the special local option election shall be filed with the county clerk, and the county clerk shall immediately transmit the document to the county board of election commissioners. (iv) The resolution calling the special local option election shall state: (a) The date of the special election; (b) The full text of the measure for which the election is called; and (c) The ballot title for the measure for which the special local option election is called. (v) The county board of election commissioners shall publish the resolution calling the special local option election one (1) time a week for two (2) weeks as soon as practicable in a newspaper of general circulation in the county. (B) The ballot title shall be in substantially the following form: "TO DETERMINE WHETHER OR NOT ALCOHOLIC BEVERAGES MAY BE SOLD AS AUTHORIZED BY ARKANSAS CODE § 3-8-602 WITHIN (popular name of the defunct voting district)". (C) The ballot shall be in substantially the following form: "[ ] FOR the Sale of Alcoholic Beverages, As Authorized by Arkansas Code § 3-8-602 . [ ] AGAINST the Sale of Alcoholic Beverages, As Authorized by Arkansas Code § 3-8-602 .". (D) The special local option election shall be called on a Tuesday and shall not be held less than sixty (60) days following the date the resolution calling the special election is filed with the county clerk. (E) The map of the defunct voting district created by the county board of election commissioners shall be placed at each polling site. (F) A majority vote of the qualified electors residing within the boundaries of the defunct voting district shall determine whether or not alcoholic beverages may be sold or manufactured under subdivision (a)(2) of this section within the boundaries of the defunct voting district; and (4) The precincts and polling sites to be utilized for conducting elections under this section shall be established by the county board of election commissioners. (c) If a defunct voting district is located entirely within the boundaries of a larger defunct voting district, a vote shall be held only for the larger defunct voting district. (d) (1) If two (2) defunct voting districts overlap, then the overlapping area will only be included in the boundaries of the defunct voting district that first held the local option election that resulted in its dry status to determine whether or not alcoholic beverages may be sold or manufactured under subdivision (a)(2) of this section. (2) (A) The local option elections for more than one (1) defunct voting district may be held simultaneously or on different dates. (B) If local option elections for more than one (1) defunct voting district are held on the same date, the majority vote of all the voters residing within the boundaries of the defunct voting district shall determine the local option status of only the geographic area located within the boundaries of that particular defunct voting district. (e) If the majority of the qualified voters in the special local option election vote: (1) For the sale of alcoholic beverages as described under subdivision (a)(2) of this section, then it shall be lawful for the Director of the Alcoholic Beverage Control Division to issue the relevant licenses or permits within the defunct voting district immediately after the certification of the results of an election permitting the sale or manufacture of alcoholic beverages under this section, as required by § 3-8-206 ; or (2) Against the sale or manufacture of alcoholic beverages as described under subdivision (a)(2) of this section, then it shall be unlawful for the Alcoholic Beverage Control Division to issue licenses or permits for the sale of alcoholic beverages within the defunct voting district. (f) A subsequent election under this section shall not be held in the same defunct voting district until a period of two (2) years has elapsed since the last special local option election conducted under this section. (g) The cost of a local option election under this section shall be paid by the county in the same manner as the cost of a general election, or in any other manner as properly determined by the quorum court. (h) (1) The boundaries of a defunct voting district as identified by the county board of election commissioners under subdivision (b)(1) of this section shall be deemed final and valid unless clearly erroneous or arbitrary. (2) Any challenge to or appeal of the boundaries established by the resolution of the county board of election commissioners shall be made to the county court within eleven (11) days of the first publication of the resolution described in subdivision (b)(1)(F) of this section. (i) To the extent any of the provisions of this section conflict with § 3-8-201 et seq., the provisions of this section control. Amended by Act 2015, No. 564,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 564,§ 1, eff. 7/22/2015. Added by Act 2013, No. 1018,§ 1, eff. 4/9/2013.

(a) (1) Under subsection (b) of this section, an area within the boundaries of a defunct voting district may conduct an election to permit the sale of alcoholic beverages identified in subdivision (a)(2) of this section. (2) The sale of alcoholic beverages under this section shall be limited to beer, malt beverages, vinous beverages, and spirituous liquor for on-premises consumption within the corporate limits of a city of the first class or a city of the second class.

(1) Under subsection (b) of this section, an area within the boundaries of a defunct voting district may conduct an election to permit the sale of alcoholic beverages identified in subdivision (a)(2) of this section.

(2) The sale of alcoholic beverages under this section shall be limited to beer, malt beverages, vinous beverages, and spirituous liquor for on-premises consumption within the corporate limits of a city of the first class or a city of the second class.

(b) An election for an area within the boundaries of a defunct voting district to permit the sale of the alcoholic beverages identified in subdivision (a)(2) of this section shall be held as follows: (1) (A) A registered voter who resides in a county that contains a defunct voting district may request in writing or a city council of a city of the first class that includes a defunct voting district may request by ordinance that the county board of election commissioners issue a resolution to identify the boundaries of a territorial subdivision located in a defunct voting district in which qualified voters may reside. (B) The county board of election commissioners shall issue a resolution within thirty (30) days. (C) The resolution shall identify the: (i) Territorial subdivisions that are located wholly or partially within borders of any defunct voting districts in the county; (ii) Formal and informal name or designation of any defunct voting districts in the county as of the last date the defunct voting district held the election resulting in its dry status; (iii) Date on which any defunct voting district held the last local option election that resulted in the defunct voting district's becoming dry; and (iv) (a) Boundaries of any defunct voting district at the time of the last local option election that resulted in the defunct voting district's becoming dry. (b) The boundaries of the defunct voting district shall be based on state, county, or municipal records or other records publicly identified in the resolution. (D) The resolution shall include a map of the boundaries of the defunct voting district from which qualified electors residing within the defunct voting district can be identified and verified for purposes of obtaining signatures and conducting the local option election. (E) In preparing the resolution and the map, the county board of election commissioners may consult with the county clerk, the State Board of Election Commissioners, the Secretary of State, or any other entity able to provide assistance in confirming the data and preparing the map required by subdivision (b)(1)(D) of this section and the precise boundaries of the defunct voting district. (F) The resolution shall be filed with the county clerk and published one (1) time a week for two (2) weeks as soon as practicable in a newspaper of general circulation in the county; (2) (A) (i) A petition procedure for a local option election for a defunct voting district shall be conducted under § 3-8-201 et seq. (ii) The city council of a city of the first class that includes a defunct voting district may adopt an ordinance to hold a local option election to be conducted under § 3-8-201 et seq. (B) Signatures shall be obtained from fifteen percent (15%) of the qualified electors residing within the boundaries of a defunct voting district, as identified by the resolution and corresponding map. (C) When fifteen percent (15%) of the qualified voters have filed petitions with the county clerk under this subdivision (b)(2), the county clerk shall determine within ten (10) days the sufficiency of the petitions under § 3-8-205 ; (3) (A) (i) The election process for a special local option election for a defunct voting district shall be conducted pursuant to § 3-8-201 et seq. (ii) The county clerk shall issue a resolution calling for a special local option election for a defunct voting district for which the requisite number of signatures has been certified under subdivision (b)(2) of this section when: (a) The requisite number of qualified electors sign petitions filed with the county clerk; and (b) The county clerk certifies those signatures to the county board of election commissioners. (iii) The resolution calling the special local option election shall be filed with the county clerk, and the county clerk shall immediately transmit the document to the county board of election commissioners. (iv) The resolution calling the special local option election shall state: (a) The date of the special election; (b) The full text of the measure for which the election is called; and (c) The ballot title for the measure for which the special local option election is called. (v) The county board of election commissioners shall publish the resolution calling the special local option election one (1) time a week for two (2) weeks as soon as practicable in a newspaper of general circulation in the county. (B) The ballot title shall be in substantially the following form: "TO DETERMINE WHETHER OR NOT ALCOHOLIC BEVERAGES MAY BE SOLD AS AUTHORIZED BY ARKANSAS CODE § 3-8-602 WITHIN (popular name of the defunct voting district)". (C) The ballot shall be in substantially the following form: "[ ] FOR the Sale of Alcoholic Beverages, As Authorized by Arkansas Code § 3-8-602 . [ ] AGAINST the Sale of Alcoholic Beverages, As Authorized by Arkansas Code § 3-8-602 .". (D) The special local option election shall be called on a Tuesday and shall not be held less than sixty (60) days following the date the resolution calling the special election is filed with the county clerk. (E) The map of the defunct voting district created by the county board of election commissioners shall be placed at each polling site. (F) A majority vote of the qualified electors residing within the boundaries of the defunct voting district shall determine whether or not alcoholic beverages may be sold or manufactured under subdivision (a)(2) of this section within the boundaries of the defunct voting district; and (4) The precincts and polling sites to be utilized for conducting elections under this section shall be established by the county board of election commissioners.

(1) (A) A registered voter who resides in a county that contains a defunct voting district may request in writing or a city council of a city of the first class that includes a defunct voting district may request by ordinance that the county board of election commissioners issue a resolution to identify the boundaries of a territorial subdivision located in a defunct voting district in which qualified voters may reside. (B) The county board of election commissioners shall issue a resolution within thirty (30) days. (C) The resolution shall identify the: (i) Territorial subdivisions that are located wholly or partially within borders of any defunct voting districts in the county; (ii) Formal and informal name or designation of any defunct voting districts in the county as of the last date the defunct voting district held the election resulting in its dry status; (iii) Date on which any defunct voting district held the last local option election that resulted in the defunct voting district's becoming dry; and (iv) (a) Boundaries of any defunct voting district at the time of the last local option election that resulted in the defunct voting district's becoming dry. (b) The boundaries of the defunct voting district shall be based on state, county, or municipal records or other records publicly identified in the resolution. (D) The resolution shall include a map of the boundaries of the defunct voting district from which qualified electors residing within the defunct voting district can be identified and verified for purposes of obtaining signatures and conducting the local option election. (E) In preparing the resolution and the map, the county board of election commissioners may consult with the county clerk, the State Board of Election Commissioners, the Secretary of State, or any other entity able to provide assistance in confirming the data and preparing the map required by subdivision (b)(1)(D) of this section and the precise boundaries of the defunct voting district. (F) The resolution shall be filed with the county clerk and published one (1) time a week for two (2) weeks as soon as practicable in a newspaper of general circulation in the county;

(A) A registered voter who resides in a county that contains a defunct voting district may request in writing or a city council of a city of the first class that includes a defunct voting district may request by ordinance that the county board of election commissioners issue a resolution to identify the boundaries of a territorial subdivision located in a defunct voting district in which qualified voters may reside.

(B) The county board of election commissioners shall issue a resolution within thirty (30) days.

(C) The resolution shall identify the: (i) Territorial subdivisions that are located wholly or partially within borders of any defunct voting districts in the county; (ii) Formal and informal name or designation of any defunct voting districts in the county as of the last date the defunct voting district held the election resulting in its dry status; (iii) Date on which any defunct voting district held the last local option election that resulted in the defunct voting district's becoming dry; and (iv) (a) Boundaries of any defunct voting district at the time of the last local option election that resulted in the defunct voting district's becoming dry. (b) The boundaries of the defunct voting district shall be based on state, county, or municipal records or other records publicly identified in the resolution.

(i) Territorial subdivisions that are located wholly or partially within borders of any defunct voting districts in the county;

(ii) Formal and informal name or designation of any defunct voting districts in the county as of the last date the defunct voting district held the election resulting in its dry status;

(iii) Date on which any defunct voting district held the last local option election that resulted in the defunct voting district's becoming dry; and

(iv) (a) Boundaries of any defunct voting district at the time of the last local option election that resulted in the defunct voting district's becoming dry. (b) The boundaries of the defunct voting district shall be based on state, county, or municipal records or other records publicly identified in the resolution.

(a) Boundaries of any defunct voting district at the time of the last local option election that resulted in the defunct voting district's becoming dry.

(b) The boundaries of the defunct voting district shall be based on state, county, or municipal records or other records publicly identified in the resolution.

(D) The resolution shall include a map of the boundaries of the defunct voting district from which qualified electors residing within the defunct voting district can be identified and verified for purposes of obtaining signatures and conducting the local option election.

(E) In preparing the resolution and the map, the county board of election commissioners may consult with the county clerk, the State Board of Election Commissioners, the Secretary of State, or any other entity able to provide assistance in confirming the data and preparing the map required by subdivision (b)(1)(D) of this section and the precise boundaries of the defunct voting district.

(F) The resolution shall be filed with the county clerk and published one (1) time a week for two (2) weeks as soon as practicable in a newspaper of general circulation in the county;

(2) (A) (i) A petition procedure for a local option election for a defunct voting district shall be conducted under § 3-8-201 et seq. (ii) The city council of a city of the first class that includes a defunct voting district may adopt an ordinance to hold a local option election to be conducted under § 3-8-201 et seq. (B) Signatures shall be obtained from fifteen percent (15%) of the qualified electors residing within the boundaries of a defunct voting district, as identified by the resolution and corresponding map. (C) When fifteen percent (15%) of the qualified voters have filed petitions with the county clerk under this subdivision (b)(2), the county clerk shall determine within ten (10) days the sufficiency of the petitions under § 3-8-205 ;

(A) (i) A petition procedure for a local option election for a defunct voting district shall be conducted under § 3-8-201 et seq. (ii) The city council of a city of the first class that includes a defunct voting district may adopt an ordinance to hold a local option election to be conducted under § 3-8-201 et seq.

(i) A petition procedure for a local option election for a defunct voting district shall be conducted under § 3-8-201 et seq.

(ii) The city council of a city of the first class that includes a defunct voting district may adopt an ordinance to hold a local option election to be conducted under § 3-8-201 et seq.

(B) Signatures shall be obtained from fifteen percent (15%) of the qualified electors residing within the boundaries of a defunct voting district, as identified by the resolution and corresponding map.

(C) When fifteen percent (15%) of the qualified voters have filed petitions with the county clerk under this subdivision (b)(2), the county clerk shall determine within ten (10) days the sufficiency of the petitions under § 3-8-205 ;

(3) (A) (i) The election process for a special local option election for a defunct voting district shall be conducted pursuant to § 3-8-201 et seq. (ii) The county clerk shall issue a resolution calling for a special local option election for a defunct voting district for which the requisite number of signatures has been certified under subdivision (b)(2) of this section when: (a) The requisite number of qualified electors sign petitions filed with the county clerk; and (b) The county clerk certifies those signatures to the county board of election commissioners. (iii) The resolution calling the special local option election shall be filed with the county clerk, and the county clerk shall immediately transmit the document to the county board of election commissioners. (iv) The resolution calling the special local option election shall state: (a) The date of the special election; (b) The full text of the measure for which the election is called; and (c) The ballot title for the measure for which the special local option election is called. (v) The county board of election commissioners shall publish the resolution calling the special local option election one (1) time a week for two (2) weeks as soon as practicable in a newspaper of general circulation in the county. (B) The ballot title shall be in substantially the following form: "TO DETERMINE WHETHER OR NOT ALCOHOLIC BEVERAGES MAY BE SOLD AS AUTHORIZED BY ARKANSAS CODE § 3-8-602 WITHIN (popular name of the defunct voting district)". (C) The ballot shall be in substantially the following form: "[ ] FOR the Sale of Alcoholic Beverages, As Authorized by Arkansas Code § 3-8-602 . [ ] AGAINST the Sale of Alcoholic Beverages, As Authorized by Arkansas Code § 3-8-602 .". (D) The special local option election shall be called on a Tuesday and shall not be held less than sixty (60) days following the date the resolution calling the special election is filed with the county clerk. (E) The map of the defunct voting district created by the county board of election commissioners shall be placed at each polling site. (F) A majority vote of the qualified electors residing within the boundaries of the defunct voting district shall determine whether or not alcoholic beverages may be sold or manufactured under subdivision (a)(2) of this section within the boundaries of the defunct voting district; and

(A) (i) The election process for a special local option election for a defunct voting district shall be conducted pursuant to § 3-8-201 et seq. (ii) The county clerk shall issue a resolution calling for a special local option election for a defunct voting district for which the requisite number of signatures has been certified under subdivision (b)(2) of this section when: (a) The requisite number of qualified electors sign petitions filed with the county clerk; and (b) The county clerk certifies those signatures to the county board of election commissioners. (iii) The resolution calling the special local option election shall be filed with the county clerk, and the county clerk shall immediately transmit the document to the county board of election commissioners. (iv) The resolution calling the special local option election shall state: (a) The date of the special election; (b) The full text of the measure for which the election is called; and (c) The ballot title for the measure for which the special local option election is called. (v) The county board of election commissioners shall publish the resolution calling the special local option election one (1) time a week for two (2) weeks as soon as practicable in a newspaper of general circulation in the county.

(i) The election process for a special local option election for a defunct voting district shall be conducted pursuant to § 3-8-201 et seq.

(ii) The county clerk shall issue a resolution calling for a special local option election for a defunct voting district for which the requisite number of signatures has been certified under subdivision (b)(2) of this section when: (a) The requisite number of qualified electors sign petitions filed with the county clerk; and (b) The county clerk certifies those signatures to the county board of election commissioners.

(a) The requisite number of qualified electors sign petitions filed with the county clerk; and

(b) The county clerk certifies those signatures to the county board of election commissioners.

(iii) The resolution calling the special local option election shall be filed with the county clerk, and the county clerk shall immediately transmit the document to the county board of election commissioners.

(iv) The resolution calling the special local option election shall state: (a) The date of the special election; (b) The full text of the measure for which the election is called; and (c) The ballot title for the measure for which the special local option election is called.

(a) The date of the special election;

(b) The full text of the measure for which the election is called; and

(c) The ballot title for the measure for which the special local option election is called.

(v) The county board of election commissioners shall publish the resolution calling the special local option election one (1) time a week for two (2) weeks as soon as practicable in a newspaper of general circulation in the county.

(B) The ballot title shall be in substantially the following form: "TO DETERMINE WHETHER OR NOT ALCOHOLIC BEVERAGES MAY BE SOLD AS AUTHORIZED BY ARKANSAS CODE § 3-8-602 WITHIN (popular name of the defunct voting district)".

(C) The ballot shall be in substantially the following form: "[ ] FOR the Sale of Alcoholic Beverages, As Authorized by Arkansas Code § 3-8-602 . [ ] AGAINST the Sale of Alcoholic Beverages, As Authorized by Arkansas Code § 3-8-602 .".

"[ ] FOR the Sale of Alcoholic Beverages, As Authorized by Arkansas Code § 3-8-602 .

[ ] AGAINST the Sale of Alcoholic Beverages, As Authorized by Arkansas Code § 3-8-602 .".

(D) The special local option election shall be called on a Tuesday and shall not be held less than sixty (60) days following the date the resolution calling the special election is filed with the county clerk.

(E) The map of the defunct voting district created by the county board of election commissioners shall be placed at each polling site.

(F) A majority vote of the qualified electors residing within the boundaries of the defunct voting district shall determine whether or not alcoholic beverages may be sold or manufactured under subdivision (a)(2) of this section within the boundaries of the defunct voting district; and

(4) The precincts and polling sites to be utilized for conducting elections under this section shall be established by the county board of election commissioners.

(c) If a defunct voting district is located entirely within the boundaries of a larger defunct voting district, a vote shall be held only for the larger defunct voting district.

(d) (1) If two (2) defunct voting districts overlap, then the overlapping area will only be included in the boundaries of the defunct voting district that first held the local option election that resulted in its dry status to determine whether or not alcoholic beverages may be sold or manufactured under subdivision (a)(2) of this section. (2) (A) The local option elections for more than one (1) defunct voting district may be held simultaneously or on different dates. (B) If local option elections for more than one (1) defunct voting district are held on the same date, the majority vote of all the voters residing within the boundaries of the defunct voting district shall determine the local option status of only the geographic area located within the boundaries of that particular defunct voting district.

(1) If two (2) defunct voting districts overlap, then the overlapping area will only be included in the boundaries of the defunct voting district that first held the local option election that resulted in its dry status to determine whether or not alcoholic beverages may be sold or manufactured under subdivision (a)(2) of this section.

(2) (A) The local option elections for more than one (1) defunct voting district may be held simultaneously or on different dates. (B) If local option elections for more than one (1) defunct voting district are held on the same date, the majority vote of all the voters residing within the boundaries of the defunct voting district shall determine the local option status of only the geographic area located within the boundaries of that particular defunct voting district.

(A) The local option elections for more than one (1) defunct voting district may be held simultaneously or on different dates.

(B) If local option elections for more than one (1) defunct voting district are held on the same date, the majority vote of all the voters residing within the boundaries of the defunct voting district shall determine the local option status of only the geographic area located within the boundaries of that particular defunct voting district.

(e) If the majority of the qualified voters in the special local option election vote: (1) For the sale of alcoholic beverages as described under subdivision (a)(2) of this section, then it shall be lawful for the Director of the Alcoholic Beverage Control Division to issue the relevant licenses or permits within the defunct voting district immediately after the certification of the results of an election permitting the sale or manufacture of alcoholic beverages under this section, as required by § 3-8-206 ; or (2) Against the sale or manufacture of alcoholic beverages as described under subdivision (a)(2) of this section, then it shall be unlawful for the Alcoholic Beverage Control Division to issue licenses or permits for the sale of alcoholic beverages within the defunct voting district.

(1) For the sale of alcoholic beverages as described under subdivision (a)(2) of this section, then it shall be lawful for the Director of the Alcoholic Beverage Control Division to issue the relevant licenses or permits within the defunct voting district immediately after the certification of the results of an election permitting the sale or manufacture of alcoholic beverages under this section, as required by § 3-8-206 ; or

(2) Against the sale or manufacture of alcoholic beverages as described under subdivision (a)(2) of this section, then it shall be unlawful for the Alcoholic Beverage Control Division to issue licenses or permits for the sale of alcoholic beverages within the defunct voting district.

(f) A subsequent election under this section shall not be held in the same defunct voting district until a period of two (2) years has elapsed since the last special local option election conducted under this section.

(g) The cost of a local option election under this section shall be paid by the county in the same manner as the cost of a general election, or in any other manner as properly determined by the quorum court.

(h) (1) The boundaries of a defunct voting district as identified by the county board of election commissioners under subdivision (b)(1) of this section shall be deemed final and valid unless clearly erroneous or arbitrary. (2) Any challenge to or appeal of the boundaries established by the resolution of the county board of election commissioners shall be made to the county court within eleven (11) days of the first publication of the resolution described in subdivision (b)(1)(F) of this section.

(1) The boundaries of a defunct voting district as identified by the county board of election commissioners under subdivision (b)(1) of this section shall be deemed final and valid unless clearly erroneous or arbitrary.

(2) Any challenge to or appeal of the boundaries established by the resolution of the county board of election commissioners shall be made to the county court within eleven (11) days of the first publication of the resolution described in subdivision (b)(1)(F) of this section.

(i) To the extent any of the provisions of this section conflict with § 3-8-201 et seq., the provisions of this section control.

Amended by Act 2015, No. 564,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 564,§ 1, eff. 7/22/2015.

Added by Act 2013, No. 1018,§ 1, eff. 4/9/2013.
Ark. Code Ann. § 3-5-1909 — AR Code / Title 3 / Chapter 5 / Subchapter 19 / Section 3-5-1909
Inspection of premises - Records of permitted premises and private clubs
Status: in_force

(a) A permit shall not be issued under this subchapter unless the permittee has consented in writing that the permitted premises and its books and records are open at all times to all law enforcement and tax officials and officials of the Alcoholic Beverage Control Division, the Alcoholic Beverage Control Enforcement Division, and the Secretary of the Department of Finance and Administration without requirement of warrant or other legal process. (b) An entity holding a permit under this subchapter shall not market, sell, or otherwise furnish the names of its members or other information pertaining to its members to another public or private entity, except as provided in subsection (a) of this section. Added by Act 2019, No. 681,§ 1, eff. 7/24/2019.

(a) A permit shall not be issued under this subchapter unless the permittee has consented in writing that the permitted premises and its books and records are open at all times to all law enforcement and tax officials and officials of the Alcoholic Beverage Control Division, the Alcoholic Beverage Control Enforcement Division, and the Secretary of the Department of Finance and Administration without requirement of warrant or other legal process.

(b) An entity holding a permit under this subchapter shall not market, sell, or otherwise furnish the names of its members or other information pertaining to its members to another public or private entity, except as provided in subsection (a) of this section.

Added by Act 2019, No. 681,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 3-7-301 — AR Code / Title 3 / Chapter 7 / Subchapter 3 / Section 3-7-301
Due date
Status: in_force

Each licensed wholesale distributor and importer of spirituous liquors shall pay the excise tax required by law on the beverages on or before the fifteenth day of the month following the calendar month in which they are first received within this state by the wholesale distributor and importer. Acts 1971, No. 296, § 2; A.S.A. 1947, § 48-423.

Each licensed wholesale distributor and importer of spirituous liquors shall pay the excise tax required by law on the beverages on or before the fifteenth day of the month following the calendar month in which they are first received within this state by the wholesale distributor and importer.

Acts 1971, No. 296, § 2; A.S.A. 1947, § 48-423.
Ark. Code Ann. § 3-9-213 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-213
Gross receipts and supplemental taxes on sale of alcoholic beverages
Status: in_force

(a) The sale of alcoholic beverages pursuant to this subchapter shall be subject to the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., as amended. (b) (1) In addition, there is levied a supplemental tax of ten percent (10%) upon the gross proceeds or gross receipts from the sale of alcoholic beverages pursuant to this subchapter. (2) (A) In addition to the tax levied under subdivision (b)(1) of this section, a supplemental tax of four percent (4%) is levied on the gross proceeds or gross receipts from the sale of alcoholic beverages under this subchapter. (B) However, the tax levied under subdivision (b)(2)(A) of this section shall not apply to gross proceeds or gross receipts from the sale of beer or wine. (c) (1) The supplemental tax shall be reported and paid to the Secretary of the Department of Finance and Administration in the same manner and at the same time as the gross receipts tax and shall be subject to such reasonable rules as the secretary may prescribe, including the maintenance of permanent records showing all purchases and sales of alcoholic beverages. (2) (A) The tax levied under subdivision (b)(2) of this section shall be credited as special revenues to the University of Arkansas Medical Center Fund. (B) (i) The funds credited under subdivision (c)(2)(A) of this section shall be used exclusively for making loan repayments for construction projects authorized by Acts 1989 (1 st Ex. Sess.), No. 261, until the loan is paid in full. (ii) After the Chancellor of the University of Arkansas for Medical Sciences certifies in writing to the Chief Fiscal Officer of the State that the loan has been repaid in full, then revenue from the tax collected under subdivision (b)(2) of this section may be used for any purpose authorized by law. (d) The taxes herein prescribed may be passed on to the consumer and shall be in lieu of all other special taxes at the retail level. (e) Wine shall not be defined as a mixed drink for the purposes of §§ 3-9-221 - 3-9-225 and shall not be subject to the supplemental tax of twelve percent (12%). (f) (1) The Department of Finance and Administration shall notify the city or county of an audit for the supplemental tax on the sale of alcoholic beverages consumed on the premises if: (A) The department audits a taxpayer; (B) The department makes an assessment related to the audit against the taxpayer; and (C) The taxpayer operates in a city or county that imposes a supplemental tax on the sale of alcoholic beverages consumed on the premises under § 3-9-214 . (2) The city or county may use this information to administer its supplemental tax on the sale of alcoholic beverages consumed on the premises. (3) A city or county provided information under this subsection is subject to all of the confidentiality requirements of § 26-18-303 . Amended by Act 2019, No. 315,§ 100, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3349, eff. 7/1/2019. Acts 1969, No. 132, § 8; 1983, No. 844, §§ 1, 5; A.S.A. 1947, §§ 48-1408, 48-1408n; Acts 1999, No. 910, § 1; 2003, No. 335, § 1; 2005, No. 1274, § 1.

(a) The sale of alcoholic beverages pursuant to this subchapter shall be subject to the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., as amended.

(b) (1) In addition, there is levied a supplemental tax of ten percent (10%) upon the gross proceeds or gross receipts from the sale of alcoholic beverages pursuant to this subchapter. (2) (A) In addition to the tax levied under subdivision (b)(1) of this section, a supplemental tax of four percent (4%) is levied on the gross proceeds or gross receipts from the sale of alcoholic beverages under this subchapter. (B) However, the tax levied under subdivision (b)(2)(A) of this section shall not apply to gross proceeds or gross receipts from the sale of beer or wine.

(1) In addition, there is levied a supplemental tax of ten percent (10%) upon the gross proceeds or gross receipts from the sale of alcoholic beverages pursuant to this subchapter.

(2) (A) In addition to the tax levied under subdivision (b)(1) of this section, a supplemental tax of four percent (4%) is levied on the gross proceeds or gross receipts from the sale of alcoholic beverages under this subchapter. (B) However, the tax levied under subdivision (b)(2)(A) of this section shall not apply to gross proceeds or gross receipts from the sale of beer or wine.

(A) In addition to the tax levied under subdivision (b)(1) of this section, a supplemental tax of four percent (4%) is levied on the gross proceeds or gross receipts from the sale of alcoholic beverages under this subchapter.

(B) However, the tax levied under subdivision (b)(2)(A) of this section shall not apply to gross proceeds or gross receipts from the sale of beer or wine.

(c) (1) The supplemental tax shall be reported and paid to the Secretary of the Department of Finance and Administration in the same manner and at the same time as the gross receipts tax and shall be subject to such reasonable rules as the secretary may prescribe, including the maintenance of permanent records showing all purchases and sales of alcoholic beverages. (2) (A) The tax levied under subdivision (b)(2) of this section shall be credited as special revenues to the University of Arkansas Medical Center Fund. (B) (i) The funds credited under subdivision (c)(2)(A) of this section shall be used exclusively for making loan repayments for construction projects authorized by Acts 1989 (1 st Ex. Sess.), No. 261, until the loan is paid in full. (ii) After the Chancellor of the University of Arkansas for Medical Sciences certifies in writing to the Chief Fiscal Officer of the State that the loan has been repaid in full, then revenue from the tax collected under subdivision (b)(2) of this section may be used for any purpose authorized by law.

(1) The supplemental tax shall be reported and paid to the Secretary of the Department of Finance and Administration in the same manner and at the same time as the gross receipts tax and shall be subject to such reasonable rules as the secretary may prescribe, including the maintenance of permanent records showing all purchases and sales of alcoholic beverages.

(2) (A) The tax levied under subdivision (b)(2) of this section shall be credited as special revenues to the University of Arkansas Medical Center Fund. (B) (i) The funds credited under subdivision (c)(2)(A) of this section shall be used exclusively for making loan repayments for construction projects authorized by Acts 1989 (1 st Ex. Sess.), No. 261, until the loan is paid in full. (ii) After the Chancellor of the University of Arkansas for Medical Sciences certifies in writing to the Chief Fiscal Officer of the State that the loan has been repaid in full, then revenue from the tax collected under subdivision (b)(2) of this section may be used for any purpose authorized by law.

(A) The tax levied under subdivision (b)(2) of this section shall be credited as special revenues to the University of Arkansas Medical Center Fund.

(B) (i) The funds credited under subdivision (c)(2)(A) of this section shall be used exclusively for making loan repayments for construction projects authorized by Acts 1989 (1 st Ex. Sess.), No. 261, until the loan is paid in full. (ii) After the Chancellor of the University of Arkansas for Medical Sciences certifies in writing to the Chief Fiscal Officer of the State that the loan has been repaid in full, then revenue from the tax collected under subdivision (b)(2) of this section may be used for any purpose authorized by law.

(i) The funds credited under subdivision (c)(2)(A) of this section shall be used exclusively for making loan repayments for construction projects authorized by Acts 1989 (1 st Ex. Sess.), No. 261, until the loan is paid in full.

(ii) After the Chancellor of the University of Arkansas for Medical Sciences certifies in writing to the Chief Fiscal Officer of the State that the loan has been repaid in full, then revenue from the tax collected under subdivision (b)(2) of this section may be used for any purpose authorized by law.

(d) The taxes herein prescribed may be passed on to the consumer and shall be in lieu of all other special taxes at the retail level.

(e) Wine shall not be defined as a mixed drink for the purposes of §§ 3-9-221 - 3-9-225 and shall not be subject to the supplemental tax of twelve percent (12%).

(f) (1) The Department of Finance and Administration shall notify the city or county of an audit for the supplemental tax on the sale of alcoholic beverages consumed on the premises if: (A) The department audits a taxpayer; (B) The department makes an assessment related to the audit against the taxpayer; and (C) The taxpayer operates in a city or county that imposes a supplemental tax on the sale of alcoholic beverages consumed on the premises under § 3-9-214 . (2) The city or county may use this information to administer its supplemental tax on the sale of alcoholic beverages consumed on the premises. (3) A city or county provided information under this subsection is subject to all of the confidentiality requirements of § 26-18-303 .

(1) The Department of Finance and Administration shall notify the city or county of an audit for the supplemental tax on the sale of alcoholic beverages consumed on the premises if: (A) The department audits a taxpayer; (B) The department makes an assessment related to the audit against the taxpayer; and (C) The taxpayer operates in a city or county that imposes a supplemental tax on the sale of alcoholic beverages consumed on the premises under § 3-9-214 .

(A) The department audits a taxpayer;

(B) The department makes an assessment related to the audit against the taxpayer; and

(C) The taxpayer operates in a city or county that imposes a supplemental tax on the sale of alcoholic beverages consumed on the premises under § 3-9-214 .

(2) The city or county may use this information to administer its supplemental tax on the sale of alcoholic beverages consumed on the premises.

(3) A city or county provided information under this subsection is subject to all of the confidentiality requirements of § 26-18-303 .

Amended by Act 2019, No. 315,§ 100, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3349, eff. 7/1/2019.

Acts 1969, No. 132, § 8; 1983, No. 844, §§ 1, 5; A.S.A. 1947, §§ 48-1408, 48-1408n; Acts 1999, No. 910, § 1; 2003, No. 335, § 1; 2005, No. 1274, § 1.
Ark. Code Ann. § 3-5-1904 — AR Code / Title 3 / Chapter 5 / Subchapter 19 / Section 3-5-1904
Permit - Scope - Restrictions - Definition
Status: in_force

(a) The Director of the Alcoholic Beverage Control Division may issue a microbrewery-restaurant private club permit that authorizes the permittee to: (1) Operate a microbrewery-restaurant private club and manufacture one (1) or more varieties of beer, malt beverage, 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; (2) (A) Store beer, malt beverage, and hard cider manufactured by the microbrewery-restaurant private club and any other beer, malt beverage, hard cider, and spirituous liquor that the microbrewery-restaurant private club permittee may purchase from retailers and small brewers permitted by this state on the microbrewery-restaurant private club permitted premises and on the premises of the one (1) separate brewing facility of a microbrewery-restaurant private club authorized under subdivision (a)(8) of this section. (B) Two (2) or more microbrewery-restaurant private clubs sharing common ownership or a brewery of any size sharing common ownership with a microbrewery-restaurant private club shall be considered one (1) entity for purposes of: (i) Calculating barrel production; and (ii) The transportation of beer, malt beverage, or hard cider produced by one (1) entity among no more than three (3) microbrewery-restaurant private clubs of the one (1) entity; (3) Operate a restaurant that: (A) Is the sales outlet for beer, malt beverage, or hard cider manufactured by the microbrewery-restaurant private club; and (B) Sells the beer, malt beverage, or hard cider and any other beer, malt beverage, hard cider, wine, or spirituous liquor that the microbrewery-restaurant private club permittee may purchase: (i) From retailers permitted by this state for on-premises consumption; or (ii) Directly from permitted small brewers allowed to distribute directly to the microbrewery-restaurant private club; (4) Sell on the premises beer, malt beverage, or hard cider manufactured by the microbrewery-restaurant private club or commonly owned facility to a member for on-premises consumption during legal operating hours; (5) Serve to a member on-premises complimentary samples of beer, malt beverages, or hard cider produced by the microbrewery-restaurant private club; (6) Sell beer, malt beverage, or hard cider of its own manufacture to a wholesale dealer permitted by this state for the purpose of resale to other retail permit holders under §§ 3-4-605 and 3-5-101 , dealing with wholesale distribution of beer, malt beverage, and hard cider; (7) (A) Conduct beer-tasting, malt beverage-tasting, 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-tasting, malt beverage-tasting, 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) The microbrewery-restaurant private club shall use only beer, malt beverage, and hard cider produced by the microbrewery-restaurant private club for an event approved under subdivision (a)(7)(A) of this section. (C) Subdivision (a)(7)(A) of this section does not authorize the conducting of a beer-tasting, malt beverage-tasting, and hard cider-tasting event at a separate brewing facility of a microbrewery-restaurant private club authorized under subdivision (a)(8) of this section; and (8) (A) Maintain one (1) separate brewing facility for the production or storage of beer, malt liquor, and hard cider as needed to meet demand, except that each facility used by the microbrewery-restaurant private club permittee 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 microbrewery-restaurant private club permittee shall be: (i) Sold to a permitted wholesaler; or (ii) Transported: (a) From the separate brewing facility to a microbrewery-restaurant private club commonly owned by the owner of the separate brewing facility for retail sale for consumption on the permitted premises; or (b) To the separate brewing facility from a microbrewery-restaurant private club commonly owned by the owner of the separate brewing facility for storage, production, or packaging. (b) The director may issue a microbrewery-restaurant private club permit if the microbrewery-restaurant private club premises are in a dry area and the governing body has approved an applicant under § 3-5-1903 . (c) (1) Except as provided in subdivision (c)(2) of this section, after October 1, 2019, the director shall not issue a microbrewery-restaurant private club permit to a person or entity having more than five percent (5%) common ownership with a person or entity holding a permit under the Arkansas Small Brewery Act, § 3-5-1401 et seq., or qualifying as a supplier under § 3-5-1102 . (2) The director may issue an additional microbrewery-restaurant private club permit after October 1, 2019, to a person or entity holding a microbrewery-restaurant private club permit as of October 1, 2019, and having more than five percent (5%) common ownership with a person or entity if the person or entity holds a permit under the Arkansas Small Brewery Act, § 3-5-1401 et seq., or qualifies as a supplier under § 3-5-1102 . (d) (1) Except as provided in subdivision (d)(2) of this section, a microbrewery-restaurant private club, as described in this subchapter, shall not use advertising media to promote the consumption and use of alcoholic beverages or to advertise or announce the price of service of alcoholic beverages for on-premises consumption in a county where voters have not authorized the sale of intoxicating liquor in a local option election under Initiated Act No. 1 of 1942, as amended, §§ 3-8-201 - 3-8-203 , and 3-8-205 - 3-8-209 . (2) The prohibition on advertising or promoting the consumption and use of alcoholic beverages under subdivision (d)(1) of this section does not apply to a microbrewery-restaurant private club advertisement consisting solely of the name of the microbrewery-restaurant private club. (e) (1) A microbrewery-restaurant private club, regardless of whether or not the voters in the county authorized the sale of intoxicating liquor in a local option election, shall be entitled to use advertising media to advertise or announce social functions of general interest, including without limitation: (A) A golf tournament; (B) A charity ball; (C) An entertainment event; or (D) A similar activity. (2) The social function shall be held within the confines of the microbrewery-restaurant private club property. (3) The advertising for the social function shall be preceded by the words "Notice to Members" and the name of the club or organization sponsoring the social activity. (f) A microbrewery-restaurant private club located in a wet county or area is not prohibited from advertising under this section. (g) As used in this section, "intoxicating liquor" means a beverage containing more than five-tenths of one percent (0.5%) of alcohol by weight. Amended by Act 2023, No. 334,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 334,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 885,§ 1, eff. 7/28/2021. Added by Act 2019, No. 681,§ 1, eff. 7/24/2019.

(a) The Director of the Alcoholic Beverage Control Division may issue a microbrewery-restaurant private club permit that authorizes the permittee to: (1) Operate a microbrewery-restaurant private club and manufacture one (1) or more varieties of beer, malt beverage, 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; (2) (A) Store beer, malt beverage, and hard cider manufactured by the microbrewery-restaurant private club and any other beer, malt beverage, hard cider, and spirituous liquor that the microbrewery-restaurant private club permittee may purchase from retailers and small brewers permitted by this state on the microbrewery-restaurant private club permitted premises and on the premises of the one (1) separate brewing facility of a microbrewery-restaurant private club authorized under subdivision (a)(8) of this section. (B) Two (2) or more microbrewery-restaurant private clubs sharing common ownership or a brewery of any size sharing common ownership with a microbrewery-restaurant private club shall be considered one (1) entity for purposes of: (i) Calculating barrel production; and (ii) The transportation of beer, malt beverage, or hard cider produced by one (1) entity among no more than three (3) microbrewery-restaurant private clubs of the one (1) entity; (3) Operate a restaurant that: (A) Is the sales outlet for beer, malt beverage, or hard cider manufactured by the microbrewery-restaurant private club; and (B) Sells the beer, malt beverage, or hard cider and any other beer, malt beverage, hard cider, wine, or spirituous liquor that the microbrewery-restaurant private club permittee may purchase: (i) From retailers permitted by this state for on-premises consumption; or (ii) Directly from permitted small brewers allowed to distribute directly to the microbrewery-restaurant private club; (4) Sell on the premises beer, malt beverage, or hard cider manufactured by the microbrewery-restaurant private club or commonly owned facility to a member for on-premises consumption during legal operating hours; (5) Serve to a member on-premises complimentary samples of beer, malt beverages, or hard cider produced by the microbrewery-restaurant private club; (6) Sell beer, malt beverage, or hard cider of its own manufacture to a wholesale dealer permitted by this state for the purpose of resale to other retail permit holders under §§ 3-4-605 and 3-5-101 , dealing with wholesale distribution of beer, malt beverage, and hard cider; (7) (A) Conduct beer-tasting, malt beverage-tasting, 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-tasting, malt beverage-tasting, 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) The microbrewery-restaurant private club shall use only beer, malt beverage, and hard cider produced by the microbrewery-restaurant private club for an event approved under subdivision (a)(7)(A) of this section. (C) Subdivision (a)(7)(A) of this section does not authorize the conducting of a beer-tasting, malt beverage-tasting, and hard cider-tasting event at a separate brewing facility of a microbrewery-restaurant private club authorized under subdivision (a)(8) of this section; and (8) (A) Maintain one (1) separate brewing facility for the production or storage of beer, malt liquor, and hard cider as needed to meet demand, except that each facility used by the microbrewery-restaurant private club permittee 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 microbrewery-restaurant private club permittee shall be: (i) Sold to a permitted wholesaler; or (ii) Transported: (a) From the separate brewing facility to a microbrewery-restaurant private club commonly owned by the owner of the separate brewing facility for retail sale for consumption on the permitted premises; or (b) To the separate brewing facility from a microbrewery-restaurant private club commonly owned by the owner of the separate brewing facility for storage, production, or packaging.

(1) Operate a microbrewery-restaurant private club and manufacture one (1) or more varieties of beer, malt beverage, 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;

(2) (A) Store beer, malt beverage, and hard cider manufactured by the microbrewery-restaurant private club and any other beer, malt beverage, hard cider, and spirituous liquor that the microbrewery-restaurant private club permittee may purchase from retailers and small brewers permitted by this state on the microbrewery-restaurant private club permitted premises and on the premises of the one (1) separate brewing facility of a microbrewery-restaurant private club authorized under subdivision (a)(8) of this section. (B) Two (2) or more microbrewery-restaurant private clubs sharing common ownership or a brewery of any size sharing common ownership with a microbrewery-restaurant private club shall be considered one (1) entity for purposes of: (i) Calculating barrel production; and (ii) The transportation of beer, malt beverage, or hard cider produced by one (1) entity among no more than three (3) microbrewery-restaurant private clubs of the one (1) entity;

(A) Store beer, malt beverage, and hard cider manufactured by the microbrewery-restaurant private club and any other beer, malt beverage, hard cider, and spirituous liquor that the microbrewery-restaurant private club permittee may purchase from retailers and small brewers permitted by this state on the microbrewery-restaurant private club permitted premises and on the premises of the one (1) separate brewing facility of a microbrewery-restaurant private club authorized under subdivision (a)(8) of this section.

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

(i) Calculating barrel production; and

(ii) The transportation of beer, malt beverage, or hard cider produced by one (1) entity among no more than three (3) microbrewery-restaurant private clubs of the one (1) entity;

(3) Operate a restaurant that: (A) Is the sales outlet for beer, malt beverage, or hard cider manufactured by the microbrewery-restaurant private club; and (B) Sells the beer, malt beverage, or hard cider and any other beer, malt beverage, hard cider, wine, or spirituous liquor that the microbrewery-restaurant private club permittee may purchase: (i) From retailers permitted by this state for on-premises consumption; or (ii) Directly from permitted small brewers allowed to distribute directly to the microbrewery-restaurant private club;

(A) Is the sales outlet for beer, malt beverage, or hard cider manufactured by the microbrewery-restaurant private club; and

(B) Sells the beer, malt beverage, or hard cider and any other beer, malt beverage, hard cider, wine, or spirituous liquor that the microbrewery-restaurant private club permittee may purchase: (i) From retailers permitted by this state for on-premises consumption; or (ii) Directly from permitted small brewers allowed to distribute directly to the microbrewery-restaurant private club;

(i) From retailers permitted by this state for on-premises consumption; or

(ii) Directly from permitted small brewers allowed to distribute directly to the microbrewery-restaurant private club;

(4) Sell on the premises beer, malt beverage, or hard cider manufactured by the microbrewery-restaurant private club or commonly owned facility to a member for on-premises consumption during legal operating hours;

(5) Serve to a member on-premises complimentary samples of beer, malt beverages, or hard cider produced by the microbrewery-restaurant private club;

(6) Sell beer, malt beverage, or hard cider of its own manufacture to a wholesale dealer permitted by this state for the purpose of resale to other retail permit holders under §§ 3-4-605 and 3-5-101 , dealing with wholesale distribution of beer, malt beverage, and hard cider;

(7) (A) Conduct beer-tasting, malt beverage-tasting, 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-tasting, malt beverage-tasting, 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) The microbrewery-restaurant private club shall use only beer, malt beverage, and hard cider produced by the microbrewery-restaurant private club for an event approved under subdivision (a)(7)(A) of this section. (C) Subdivision (a)(7)(A) of this section does not authorize the conducting of a beer-tasting, malt beverage-tasting, and hard cider-tasting event at a separate brewing facility of a microbrewery-restaurant private club authorized under subdivision (a)(8) of this section; and

(A) Conduct beer-tasting, malt beverage-tasting, 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-tasting, malt beverage-tasting, 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-tasting, malt beverage-tasting, 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) The microbrewery-restaurant private club shall use only beer, malt beverage, and hard cider produced by the microbrewery-restaurant private club for an event approved under subdivision (a)(7)(A) of this section.

(C) Subdivision (a)(7)(A) of this section does not authorize the conducting of a beer-tasting, malt beverage-tasting, and hard cider-tasting event at a separate brewing facility of a microbrewery-restaurant private club authorized under subdivision (a)(8) of this section; and

(8) (A) Maintain one (1) separate brewing facility for the production or storage of beer, malt liquor, and hard cider as needed to meet demand, except that each facility used by the microbrewery-restaurant private club permittee 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 microbrewery-restaurant private club permittee shall be: (i) Sold to a permitted wholesaler; or (ii) Transported: (a) From the separate brewing facility to a microbrewery-restaurant private club commonly owned by the owner of the separate brewing facility for retail sale for consumption on the permitted premises; or (b) To the separate brewing facility from a microbrewery-restaurant private club commonly owned by the owner of the separate brewing facility for storage, production, or packaging.

(A) Maintain one (1) separate brewing facility for the production or storage of beer, malt liquor, and hard cider as needed to meet demand, except that each facility used by the microbrewery-restaurant private club permittee 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 microbrewery-restaurant private club permittee shall be: (i) Sold to a permitted wholesaler; or (ii) Transported: (a) From the separate brewing facility to a microbrewery-restaurant private club commonly owned by the owner of the separate brewing facility for retail sale for consumption on the permitted premises; or (b) To the separate brewing facility from a microbrewery-restaurant private club commonly owned by the owner of the separate brewing facility for storage, production, or packaging.

(i) Sold to a permitted wholesaler; or

(ii) Transported: (a) From the separate brewing facility to a microbrewery-restaurant private club commonly owned by the owner of the separate brewing facility for retail sale for consumption on the permitted premises; or (b) To the separate brewing facility from a microbrewery-restaurant private club 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 private club commonly owned by the owner of the separate brewing facility for retail sale for consumption on the permitted premises; or

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

(b) The director may issue a microbrewery-restaurant private club permit if the microbrewery-restaurant private club premises are in a dry area and the governing body has approved an applicant under § 3-5-1903 .

(c) (1) Except as provided in subdivision (c)(2) of this section, after October 1, 2019, the director shall not issue a microbrewery-restaurant private club permit to a person or entity having more than five percent (5%) common ownership with a person or entity holding a permit under the Arkansas Small Brewery Act, § 3-5-1401 et seq., or qualifying as a supplier under § 3-5-1102 . (2) The director may issue an additional microbrewery-restaurant private club permit after October 1, 2019, to a person or entity holding a microbrewery-restaurant private club permit as of October 1, 2019, and having more than five percent (5%) common ownership with a person or entity if the person or entity holds a permit under the Arkansas Small Brewery Act, § 3-5-1401 et seq., or qualifies as a supplier under § 3-5-1102 .

(1) Except as provided in subdivision (c)(2) of this section, after October 1, 2019, the director shall not issue a microbrewery-restaurant private club permit to a person or entity having more than five percent (5%) common ownership with a person or entity holding a permit under the Arkansas Small Brewery Act, § 3-5-1401 et seq., or qualifying as a supplier under § 3-5-1102 .

(2) The director may issue an additional microbrewery-restaurant private club permit after October 1, 2019, to a person or entity holding a microbrewery-restaurant private club permit as of October 1, 2019, and having more than five percent (5%) common ownership with a person or entity if the person or entity holds a permit under the Arkansas Small Brewery Act, § 3-5-1401 et seq., or qualifies as a supplier under § 3-5-1102 .

(d) (1) Except as provided in subdivision (d)(2) of this section, a microbrewery-restaurant private club, as described in this subchapter, shall not use advertising media to promote the consumption and use of alcoholic beverages or to advertise or announce the price of service of alcoholic beverages for on-premises consumption in a county where voters have not authorized the sale of intoxicating liquor in a local option election under Initiated Act No. 1 of 1942, as amended, §§ 3-8-201 - 3-8-203 , and 3-8-205 - 3-8-209 . (2) The prohibition on advertising or promoting the consumption and use of alcoholic beverages under subdivision (d)(1) of this section does not apply to a microbrewery-restaurant private club advertisement consisting solely of the name of the microbrewery-restaurant private club.

(1) Except as provided in subdivision (d)(2) of this section, a microbrewery-restaurant private club, as described in this subchapter, shall not use advertising media to promote the consumption and use of alcoholic beverages or to advertise or announce the price of service of alcoholic beverages for on-premises consumption in a county where voters have not authorized the sale of intoxicating liquor in a local option election under Initiated Act No. 1 of 1942, as amended, §§ 3-8-201 - 3-8-203 , and 3-8-205 - 3-8-209 .

(2) The prohibition on advertising or promoting the consumption and use of alcoholic beverages under subdivision (d)(1) of this section does not apply to a microbrewery-restaurant private club advertisement consisting solely of the name of the microbrewery-restaurant private club.

(e) (1) A microbrewery-restaurant private club, regardless of whether or not the voters in the county authorized the sale of intoxicating liquor in a local option election, shall be entitled to use advertising media to advertise or announce social functions of general interest, including without limitation: (A) A golf tournament; (B) A charity ball; (C) An entertainment event; or (D) A similar activity. (2) The social function shall be held within the confines of the microbrewery-restaurant private club property. (3) The advertising for the social function shall be preceded by the words "Notice to Members" and the name of the club or organization sponsoring the social activity.

(1) A microbrewery-restaurant private club, regardless of whether or not the voters in the county authorized the sale of intoxicating liquor in a local option election, shall be entitled to use advertising media to advertise or announce social functions of general interest, including without limitation: (A) A golf tournament; (B) A charity ball; (C) An entertainment event; or (D) A similar activity.

(A) A golf tournament;

(B) A charity ball;

(C) An entertainment event; or

(D) A similar activity.

(2) The social function shall be held within the confines of the microbrewery-restaurant private club property.

(3) The advertising for the social function shall be preceded by the words "Notice to Members" and the name of the club or organization sponsoring the social activity.

(f) A microbrewery-restaurant private club located in a wet county or area is not prohibited from advertising under this section.

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

Amended by Act 2023, No. 334,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 334,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 885,§ 1, eff. 7/28/2021.

Added by Act 2019, No. 681,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 3-8-316 — AR Code / Title 3 / Chapter 8 / Subchapter 3 / Section 3-8-316
Act given in charge to grand jury
Status: in_force

It shall be the duty of the judges of the circuit courts to give this act in charge to the grand juries of the counties within their jurisdiction. Acts 1935, No. 108, Art. 7, § 13; Pope's Dig., § 14160; A.S.A. 1947, § 48-819.

It shall be the duty of the judges of the circuit courts to give this act in charge to the grand juries of the counties within their jurisdiction.

Acts 1935, No. 108, Art. 7, § 13; Pope's Dig., § 14160; A.S.A. 1947, § 48-819.
Ark. Code Ann. § 3-9-224 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-224
Private clubs - Sales prohibited
Status: in_force

(a) No private club permitted hereunder shall sell alcoholic beverages either by the package or drink. (b) Alcoholic beverages, beer, and wine owned by members may be stored on the premises of the club. (c) If any permittee shall sell, barter, loan, or give away any intoxicating liquor in violation of this subchapter or other alcoholic beverage control laws of this state, the permit of the club shall be revoked. Acts 1969, No. 132, § 10; A.S.A. 1947, § 48-1410.

(a) No private club permitted hereunder shall sell alcoholic beverages either by the package or drink.

(b) Alcoholic beverages, beer, and wine owned by members may be stored on the premises of the club.

(c) If any permittee shall sell, barter, loan, or give away any intoxicating liquor in violation of this subchapter or other alcoholic beverage control laws of this state, the permit of the club shall be revoked.

Acts 1969, No. 132, § 10; A.S.A. 1947, § 48-1410.
Ark. Code Ann. § 3-5-302 — AR Code / Title 3 / Chapter 5 / Subchapter 3 / Section 3-5-302
Applications - Qualifications of applicant
Status: in_force

(a) A license shall not be issued to any person authorizing the sale of beer at retail unless the person shall file a verified application, accompanied by the fee required by law, and shall state in the application that he or she possesses the following qualifications: (1) (A) The applicant is a person of good moral character, a citizen or resident alien of the United States, and a resident of the county in which the permit will be operated or resides within thirty-five (35) miles of the address of the premises described in the application. (B) However, the residency requirement under subdivision (a)(1)(A) of this section does not apply to a managing agent of a partnership, corporation, or an association that is an applicant if: (i) The applicant currently holds at least two (2) permits issued by the Alcoholic Beverage Control Division for the sale of alcoholic beverages; and (ii) The applicant designates with the division a representative who resides within the county of the premises or within thirty-five (35) miles of the address of the premises described in the application; (2) The applicant has not been convicted of a felony or has not been convicted within five (5) years of the date of his or her application of any violation of the laws of this state or the laws of any other state relating to the sale of alcoholic beverages; (3) The applicant has not had revoked, within five (5) years next-preceding his or her application, any license issued to him or her under the laws of this state or any other state to sell alcoholic liquor of any kind; (4) The applicant is the owner of the premises for which the license is sought or the holder of an existing lease, buy-sell agreement, offer and acceptance, or option to lease thereon; (5) If the applicant is a copartnership, all members of the partnership shall be qualified to obtain a license; and (6) (A) (i) If the applicant is a corporation, the president and directors, any stockholder owning more than five percent (5%) of the stock of the corporation who are not exempted under subdivision (a)(6)(A)(ii) of this section, and the person or persons who will conduct and manage the licensed premises for the corporation shall possess all the qualifications required herein for an individual license. (ii) An applicant is not required to state the identity of its shareholders who are not the president or a director when the corporation: (a) Is publicly traded on a nationally recognized stock exchange; or (b) Holds at least ten (10) permits issued by the division for the sale of alcoholic beverages. (B) The requirement as to residence in the United States or citizenship of the United States does not apply to officers, directors, and stockholders of the corporation but does apply to any officer, director, or stockholder who is also the manager of the licensed premises in any capacity in the conduct or operation of the licensed premises. (b) If a retailer permitted under this section chooses to exercise the exemption to the residency requirements contained in subdivision (a)(1)(A) of this section, the retailer, after the issuance of the second permit issued to the permitted retailer by the division, may: (1) (A) Change the managing agent of each of its permits by completing a form provided by the division. (B) (i) A managing agent named under subdivision (b)(1)(A) of this section shall be a person of good moral character and a citizen or resident alien of the United States. (ii) A managing agent named under subdivision (b)(1)(A) of this section shall not be required to meet the requirements set forth in subdivision (a)(1)(A) of this section; and (2) Designate a representative for each permitted premises who resides within the county of the premises or within thirty-five (35) miles of the address of the premises stated on the permit. Amended by Act 2015, No. 1044,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 325,§ 3, eff. 8/16/2013. Acts 1943, No. 244, § 1; 1967, No. 239, § 2; 1973, No. 189, § 2; A.S.A. 1947, § 48-528; Acts 1989, No. 295, § 1; 1991, No. 606, § 5; 1995, No. 536, § 1; 1999, No. 948, § 1.

(a) A license shall not be issued to any person authorizing the sale of beer at retail unless the person shall file a verified application, accompanied by the fee required by law, and shall state in the application that he or she possesses the following qualifications: (1) (A) The applicant is a person of good moral character, a citizen or resident alien of the United States, and a resident of the county in which the permit will be operated or resides within thirty-five (35) miles of the address of the premises described in the application. (B) However, the residency requirement under subdivision (a)(1)(A) of this section does not apply to a managing agent of a partnership, corporation, or an association that is an applicant if: (i) The applicant currently holds at least two (2) permits issued by the Alcoholic Beverage Control Division for the sale of alcoholic beverages; and (ii) The applicant designates with the division a representative who resides within the county of the premises or within thirty-five (35) miles of the address of the premises described in the application; (2) The applicant has not been convicted of a felony or has not been convicted within five (5) years of the date of his or her application of any violation of the laws of this state or the laws of any other state relating to the sale of alcoholic beverages; (3) The applicant has not had revoked, within five (5) years next-preceding his or her application, any license issued to him or her under the laws of this state or any other state to sell alcoholic liquor of any kind; (4) The applicant is the owner of the premises for which the license is sought or the holder of an existing lease, buy-sell agreement, offer and acceptance, or option to lease thereon; (5) If the applicant is a copartnership, all members of the partnership shall be qualified to obtain a license; and (6) (A) (i) If the applicant is a corporation, the president and directors, any stockholder owning more than five percent (5%) of the stock of the corporation who are not exempted under subdivision (a)(6)(A)(ii) of this section, and the person or persons who will conduct and manage the licensed premises for the corporation shall possess all the qualifications required herein for an individual license. (ii) An applicant is not required to state the identity of its shareholders who are not the president or a director when the corporation: (a) Is publicly traded on a nationally recognized stock exchange; or (b) Holds at least ten (10) permits issued by the division for the sale of alcoholic beverages. (B) The requirement as to residence in the United States or citizenship of the United States does not apply to officers, directors, and stockholders of the corporation but does apply to any officer, director, or stockholder who is also the manager of the licensed premises in any capacity in the conduct or operation of the licensed premises.

(1) (A) The applicant is a person of good moral character, a citizen or resident alien of the United States, and a resident of the county in which the permit will be operated or resides within thirty-five (35) miles of the address of the premises described in the application. (B) However, the residency requirement under subdivision (a)(1)(A) of this section does not apply to a managing agent of a partnership, corporation, or an association that is an applicant if: (i) The applicant currently holds at least two (2) permits issued by the Alcoholic Beverage Control Division for the sale of alcoholic beverages; and (ii) The applicant designates with the division a representative who resides within the county of the premises or within thirty-five (35) miles of the address of the premises described in the application;

(A) The applicant is a person of good moral character, a citizen or resident alien of the United States, and a resident of the county in which the permit will be operated or resides within thirty-five (35) miles of the address of the premises described in the application.

(B) However, the residency requirement under subdivision (a)(1)(A) of this section does not apply to a managing agent of a partnership, corporation, or an association that is an applicant if: (i) The applicant currently holds at least two (2) permits issued by the Alcoholic Beverage Control Division for the sale of alcoholic beverages; and (ii) The applicant designates with the division a representative who resides within the county of the premises or within thirty-five (35) miles of the address of the premises described in the application;

(i) The applicant currently holds at least two (2) permits issued by the Alcoholic Beverage Control Division for the sale of alcoholic beverages; and

(ii) The applicant designates with the division a representative who resides within the county of the premises or within thirty-five (35) miles of the address of the premises described in the application;

(2) The applicant has not been convicted of a felony or has not been convicted within five (5) years of the date of his or her application of any violation of the laws of this state or the laws of any other state relating to the sale of alcoholic beverages;

(3) The applicant has not had revoked, within five (5) years next-preceding his or her application, any license issued to him or her under the laws of this state or any other state to sell alcoholic liquor of any kind;

(4) The applicant is the owner of the premises for which the license is sought or the holder of an existing lease, buy-sell agreement, offer and acceptance, or option to lease thereon;

(5) If the applicant is a copartnership, all members of the partnership shall be qualified to obtain a license; and

(6) (A) (i) If the applicant is a corporation, the president and directors, any stockholder owning more than five percent (5%) of the stock of the corporation who are not exempted under subdivision (a)(6)(A)(ii) of this section, and the person or persons who will conduct and manage the licensed premises for the corporation shall possess all the qualifications required herein for an individual license. (ii) An applicant is not required to state the identity of its shareholders who are not the president or a director when the corporation: (a) Is publicly traded on a nationally recognized stock exchange; or (b) Holds at least ten (10) permits issued by the division for the sale of alcoholic beverages. (B) The requirement as to residence in the United States or citizenship of the United States does not apply to officers, directors, and stockholders of the corporation but does apply to any officer, director, or stockholder who is also the manager of the licensed premises in any capacity in the conduct or operation of the licensed premises.

(A) (i) If the applicant is a corporation, the president and directors, any stockholder owning more than five percent (5%) of the stock of the corporation who are not exempted under subdivision (a)(6)(A)(ii) of this section, and the person or persons who will conduct and manage the licensed premises for the corporation shall possess all the qualifications required herein for an individual license. (ii) An applicant is not required to state the identity of its shareholders who are not the president or a director when the corporation: (a) Is publicly traded on a nationally recognized stock exchange; or (b) Holds at least ten (10) permits issued by the division for the sale of alcoholic beverages.

(i) If the applicant is a corporation, the president and directors, any stockholder owning more than five percent (5%) of the stock of the corporation who are not exempted under subdivision (a)(6)(A)(ii) of this section, and the person or persons who will conduct and manage the licensed premises for the corporation shall possess all the qualifications required herein for an individual license.

(ii) An applicant is not required to state the identity of its shareholders who are not the president or a director when the corporation: (a) Is publicly traded on a nationally recognized stock exchange; or (b) Holds at least ten (10) permits issued by the division for the sale of alcoholic beverages.

(a) Is publicly traded on a nationally recognized stock exchange; or

(b) Holds at least ten (10) permits issued by the division for the sale of alcoholic beverages.

(B) The requirement as to residence in the United States or citizenship of the United States does not apply to officers, directors, and stockholders of the corporation but does apply to any officer, director, or stockholder who is also the manager of the licensed premises in any capacity in the conduct or operation of the licensed premises.

(b) If a retailer permitted under this section chooses to exercise the exemption to the residency requirements contained in subdivision (a)(1)(A) of this section, the retailer, after the issuance of the second permit issued to the permitted retailer by the division, may: (1) (A) Change the managing agent of each of its permits by completing a form provided by the division. (B) (i) A managing agent named under subdivision (b)(1)(A) of this section shall be a person of good moral character and a citizen or resident alien of the United States. (ii) A managing agent named under subdivision (b)(1)(A) of this section shall not be required to meet the requirements set forth in subdivision (a)(1)(A) of this section; and (2) Designate a representative for each permitted premises who resides within the county of the premises or within thirty-five (35) miles of the address of the premises stated on the permit.

(1) (A) Change the managing agent of each of its permits by completing a form provided by the division. (B) (i) A managing agent named under subdivision (b)(1)(A) of this section shall be a person of good moral character and a citizen or resident alien of the United States. (ii) A managing agent named under subdivision (b)(1)(A) of this section shall not be required to meet the requirements set forth in subdivision (a)(1)(A) of this section; and

(A) Change the managing agent of each of its permits by completing a form provided by the division.

(B) (i) A managing agent named under subdivision (b)(1)(A) of this section shall be a person of good moral character and a citizen or resident alien of the United States. (ii) A managing agent named under subdivision (b)(1)(A) of this section shall not be required to meet the requirements set forth in subdivision (a)(1)(A) of this section; and

(i) A managing agent named under subdivision (b)(1)(A) of this section shall be a person of good moral character and a citizen or resident alien of the United States.

(ii) A managing agent named under subdivision (b)(1)(A) of this section shall not be required to meet the requirements set forth in subdivision (a)(1)(A) of this section; and

(2) Designate a representative for each permitted premises who resides within the county of the premises or within thirty-five (35) miles of the address of the premises stated on the permit.

Amended by Act 2015, No. 1044,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 325,§ 3, eff. 8/16/2013.

Acts 1943, No. 244, § 1; 1967, No. 239, § 2; 1973, No. 189, § 2; A.S.A. 1947, § 48-528; Acts 1989, No. 295, § 1; 1991, No. 606, § 5; 1995, No. 536, § 1; 1999, No. 948, § 1.
Ark. Code Ann. § 3-5-204 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-204
Manufacture, sale, etc., a privilege
Status: in_force

The business of manufacturing, handling, receiving, distributing, or selling the products defined in § 3-5-202 is declared under the Constitution and laws of the State of Arkansas to be a privilege. Acts 1933 (1st Ex. Sess.), No. 7, § 1; Pope's Dig., § 14192; A.S.A. 1947, § 48-501.

The business of manufacturing, handling, receiving, distributing, or selling the products defined in § 3-5-202 is declared under the Constitution and laws of the State of Arkansas to be a privilege.

Acts 1933 (1st Ex. Sess.), No. 7, § 1; Pope's Dig., § 14192; A.S.A. 1947, § 48-501.
Ark. Code Ann. § 3-5-603 — AR Code / Title 3 / Chapter 5 / Subchapter 6 / Section 3-5-603
Bottling - Tax
Status: in_force

(a) In order to enable Arkansas wineries which produce native wines to sell their products to interstate and intrastate passenger airline companies and to passenger railroads in containers for their convenience and use, the Alcoholic Beverage Control Board is authorized to promulgate rules to permit the bottling of wines produced by wineries in this state in two-fifths (2/5) of a pint or split-size wine containers, or other nearest metric size practicable when the metric system of measurement is phased into operation in this country, for sale to airlines and passenger railroads for sale for consumption thereon. (b) The rules may also authorize the packaging of wines produced in two-fifths (2/5) of a pint or split-size containers in the form of cluster sampler packages for sale in package form under such rules as the board shall determine, for sale in this state or for export sale in other states. (c) The Department of Finance and Administration is authorized to collect the necessary taxes in the same manner as now prescribed by law on the twentieth day of the month, on sales in Arkansas for the month preceding, on wines bottled and packaged under subsections (a) and (b) of this section, which are sold in Arkansas. Amended by Act 2019, No. 315,§ 69, eff. 7/24/2019. Acts 1975, No. 675, § 1; A.S.A. 1947, § 48-633.

(a) In order to enable Arkansas wineries which produce native wines to sell their products to interstate and intrastate passenger airline companies and to passenger railroads in containers for their convenience and use, the Alcoholic Beverage Control Board is authorized to promulgate rules to permit the bottling of wines produced by wineries in this state in two-fifths (2/5) of a pint or split-size wine containers, or other nearest metric size practicable when the metric system of measurement is phased into operation in this country, for sale to airlines and passenger railroads for sale for consumption thereon.

(b) The rules may also authorize the packaging of wines produced in two-fifths (2/5) of a pint or split-size containers in the form of cluster sampler packages for sale in package form under such rules as the board shall determine, for sale in this state or for export sale in other states.

(c) The Department of Finance and Administration is authorized to collect the necessary taxes in the same manner as now prescribed by law on the twentieth day of the month, on sales in Arkansas for the month preceding, on wines bottled and packaged under subsections (a) and (b) of this section, which are sold in Arkansas.

Amended by Act 2019, No. 315,§ 69, eff. 7/24/2019.

Acts 1975, No. 675, § 1; A.S.A. 1947, § 48-633.
Ark. Code Ann. § 3-5-1306 — AR Code / Title 3 / Chapter 5 / Subchapter 13 / Section 3-5-1306
Application for permit
Status: in_force

(a) Any manufacturer, importer, or other person desiring to obtain a nonresident seller's permit or wholesaler support center permit may make application for such to the Alcoholic Beverage Control Division on forms provided by the division. (b) (1) (A) In addition, every applicant for a nonresident seller's permit shall pay to the division an annual permit fee of three hundred fifty dollars ($350) if the applicant shipped, sold, or otherwise distributed fewer than two hundred (200) barrels, as defined for excise tax purposes under this Code, of any beer or malt in this state in the year immediately preceding the application. (B) If the applicant shipped, sold, or otherwise distributed in this state from two hundred (200) to one thousand (1,000) barrels in the year immediately preceding application, the applicant shall pay an annual permit fee of one thousand dollars ($1,000). (C) If the applicant shipped, sold, or otherwise distributed in this state more than one thousand (1,000) barrels in the year immediately preceding application, the applicant shall pay an annual permit fee of two thousand dollars ($2,000). (2) Each holder of a nonresident seller's permit shall pay the permit fee based on the previous calendar year's shipments into the state. (c) (1) (A) Each permit shall be valid for one (1) fiscal year which shall run from the first day of July to the last day of June. (B) Any applicant receiving a permit during the course of any fiscal year shall not be relieved of the obligation to pay the full amount of the annual permit fee. (2) (A) As long as a permit has not been revoked or cancelled, it shall be renewable for successive years upon the payment of the appropriate annual permit fee on or before June 30 of each calendar year. (B) Any person not renewing the permit described in subsection (b) of this section on or before June 30 shall be subject to the penalties and provisions provided for in § 3-4-216 . (d) An applicant for a wholesaler support center permit shall pay an annual permit fee of two thousand dollars ($2,000). Acts 1995, No. 537, § 6; 1999, No. 96, § 5; 2009, No. 294, § 16, 17.

(a) Any manufacturer, importer, or other person desiring to obtain a nonresident seller's permit or wholesaler support center permit may make application for such to the Alcoholic Beverage Control Division on forms provided by the division.

(b) (1) (A) In addition, every applicant for a nonresident seller's permit shall pay to the division an annual permit fee of three hundred fifty dollars ($350) if the applicant shipped, sold, or otherwise distributed fewer than two hundred (200) barrels, as defined for excise tax purposes under this Code, of any beer or malt in this state in the year immediately preceding the application. (B) If the applicant shipped, sold, or otherwise distributed in this state from two hundred (200) to one thousand (1,000) barrels in the year immediately preceding application, the applicant shall pay an annual permit fee of one thousand dollars ($1,000). (C) If the applicant shipped, sold, or otherwise distributed in this state more than one thousand (1,000) barrels in the year immediately preceding application, the applicant shall pay an annual permit fee of two thousand dollars ($2,000). (2) Each holder of a nonresident seller's permit shall pay the permit fee based on the previous calendar year's shipments into the state.

(1) (A) In addition, every applicant for a nonresident seller's permit shall pay to the division an annual permit fee of three hundred fifty dollars ($350) if the applicant shipped, sold, or otherwise distributed fewer than two hundred (200) barrels, as defined for excise tax purposes under this Code, of any beer or malt in this state in the year immediately preceding the application. (B) If the applicant shipped, sold, or otherwise distributed in this state from two hundred (200) to one thousand (1,000) barrels in the year immediately preceding application, the applicant shall pay an annual permit fee of one thousand dollars ($1,000). (C) If the applicant shipped, sold, or otherwise distributed in this state more than one thousand (1,000) barrels in the year immediately preceding application, the applicant shall pay an annual permit fee of two thousand dollars ($2,000).

(A) In addition, every applicant for a nonresident seller's permit shall pay to the division an annual permit fee of three hundred fifty dollars ($350) if the applicant shipped, sold, or otherwise distributed fewer than two hundred (200) barrels, as defined for excise tax purposes under this Code, of any beer or malt in this state in the year immediately preceding the application.

(B) If the applicant shipped, sold, or otherwise distributed in this state from two hundred (200) to one thousand (1,000) barrels in the year immediately preceding application, the applicant shall pay an annual permit fee of one thousand dollars ($1,000).

(C) If the applicant shipped, sold, or otherwise distributed in this state more than one thousand (1,000) barrels in the year immediately preceding application, the applicant shall pay an annual permit fee of two thousand dollars ($2,000).

(2) Each holder of a nonresident seller's permit shall pay the permit fee based on the previous calendar year's shipments into the state.

(c) (1) (A) Each permit shall be valid for one (1) fiscal year which shall run from the first day of July to the last day of June. (B) Any applicant receiving a permit during the course of any fiscal year shall not be relieved of the obligation to pay the full amount of the annual permit fee. (2) (A) As long as a permit has not been revoked or cancelled, it shall be renewable for successive years upon the payment of the appropriate annual permit fee on or before June 30 of each calendar year. (B) Any person not renewing the permit described in subsection (b) of this section on or before June 30 shall be subject to the penalties and provisions provided for in § 3-4-216 .

(1) (A) Each permit shall be valid for one (1) fiscal year which shall run from the first day of July to the last day of June. (B) Any applicant receiving a permit during the course of any fiscal year shall not be relieved of the obligation to pay the full amount of the annual permit fee.

(A) Each permit shall be valid for one (1) fiscal year which shall run from the first day of July to the last day of June.

(B) Any applicant receiving a permit during the course of any fiscal year shall not be relieved of the obligation to pay the full amount of the annual permit fee.

(2) (A) As long as a permit has not been revoked or cancelled, it shall be renewable for successive years upon the payment of the appropriate annual permit fee on or before June 30 of each calendar year. (B) Any person not renewing the permit described in subsection (b) of this section on or before June 30 shall be subject to the penalties and provisions provided for in § 3-4-216 .

(A) As long as a permit has not been revoked or cancelled, it shall be renewable for successive years upon the payment of the appropriate annual permit fee on or before June 30 of each calendar year.

(B) Any person not renewing the permit described in subsection (b) of this section on or before June 30 shall be subject to the penalties and provisions provided for in § 3-4-216 .

(d) An applicant for a wholesaler support center permit shall pay an annual permit fee of two thousand dollars ($2,000).

Acts 1995, No. 537, § 6; 1999, No. 96, § 5; 2009, No. 294, § 16, 17.
Ark. Code Ann. § 3-5-1608 — AR Code / Title 3 / Chapter 5 / Subchapter 16 / Section 3-5-1608
Bond
Status: in_force

By consent of the Secretary of the Department of Finance and Administration, the small farm winery may file a bond with the secretary, the bond to be approved by him or her, which will entitle the small farm winery to the privilege of making settlement of its taxes every thirty (30) days, the time to be set by the secretary. Amended by Act 2019, No. 910,§ 3326, eff. 7/1/2019. Acts 2007, No. 668, § 1.

By consent of the Secretary of the Department of Finance and Administration, the small farm winery may file a bond with the secretary, the bond to be approved by him or her, which will entitle the small farm winery to the privilege of making settlement of its taxes every thirty (30) days, the time to be set by the secretary.

Amended by Act 2019, No. 910,§ 3326, eff. 7/1/2019.

Acts 2007, No. 668, § 1.
Ark. Code Ann. § 3-3-213 — AR Code / Title 3 / Chapter 3 / Subchapter 2 / Section 3-3-213
Manufacturer-seller relationships - Exclusivity agreements - Definitions
Status: in_force

(a) It shall be unlawful for any person engaged in the manufacture of alcoholic liquors: (1) To require any wholesaler or retailer to purchase from that manufacturer to the exclusion, in whole or in part, of any alcoholic liquors sold or offered for sale by other persons; or (2) To induce any retailer to purchase from that manufacturer or wholesaler to the exclusion, in whole or in part, of any alcoholic liquors sold or offered for sale by other persons, by: (A) Acquiring any interest in property owned, occupied, or used by the retailer in his or her business, or in any license with respect to the premises of the retailer; (B) Furnishing, giving, renting, lending, or selling to the retailer any equipment, fixtures, signs, supplies, money, service, or other thing of value, subject to exceptions provided by the rules of the Alcoholic Beverage Control Board and established trade customs; (C) Paying or crediting the retailer for any advertising, display, or distribution service; (D) Guaranteeing any loan or the repayment of any financial obligation of the retailer; or (E) Offering or giving any bonus, premium, or compensation to the retailer or any of his or her officers, employees, or representatives. (b) As used in this section, unless the context otherwise requires: (1) "Manufacturer" means, unless otherwise specified, 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, and other liquids containing alcohol, except patent medicines, beer, and wine; and (2) "Person" includes any and all corporations, partnerships, associations, or individuals and all agents, representatives, or employees of such persons. Amended by Act 2019, No. 315,§ 43, eff. 7/24/2019. Acts 1953, No. 362, §§ 1, 3; A.S.A. 1947, § 48-952.

(a) It shall be unlawful for any person engaged in the manufacture of alcoholic liquors: (1) To require any wholesaler or retailer to purchase from that manufacturer to the exclusion, in whole or in part, of any alcoholic liquors sold or offered for sale by other persons; or (2) To induce any retailer to purchase from that manufacturer or wholesaler to the exclusion, in whole or in part, of any alcoholic liquors sold or offered for sale by other persons, by: (A) Acquiring any interest in property owned, occupied, or used by the retailer in his or her business, or in any license with respect to the premises of the retailer; (B) Furnishing, giving, renting, lending, or selling to the retailer any equipment, fixtures, signs, supplies, money, service, or other thing of value, subject to exceptions provided by the rules of the Alcoholic Beverage Control Board and established trade customs; (C) Paying or crediting the retailer for any advertising, display, or distribution service; (D) Guaranteeing any loan or the repayment of any financial obligation of the retailer; or (E) Offering or giving any bonus, premium, or compensation to the retailer or any of his or her officers, employees, or representatives.

(1) To require any wholesaler or retailer to purchase from that manufacturer to the exclusion, in whole or in part, of any alcoholic liquors sold or offered for sale by other persons; or

(2) To induce any retailer to purchase from that manufacturer or wholesaler to the exclusion, in whole or in part, of any alcoholic liquors sold or offered for sale by other persons, by: (A) Acquiring any interest in property owned, occupied, or used by the retailer in his or her business, or in any license with respect to the premises of the retailer; (B) Furnishing, giving, renting, lending, or selling to the retailer any equipment, fixtures, signs, supplies, money, service, or other thing of value, subject to exceptions provided by the rules of the Alcoholic Beverage Control Board and established trade customs; (C) Paying or crediting the retailer for any advertising, display, or distribution service; (D) Guaranteeing any loan or the repayment of any financial obligation of the retailer; or (E) Offering or giving any bonus, premium, or compensation to the retailer or any of his or her officers, employees, or representatives.

(A) Acquiring any interest in property owned, occupied, or used by the retailer in his or her business, or in any license with respect to the premises of the retailer;

(B) Furnishing, giving, renting, lending, or selling to the retailer any equipment, fixtures, signs, supplies, money, service, or other thing of value, subject to exceptions provided by the rules of the Alcoholic Beverage Control Board and established trade customs;

(C) Paying or crediting the retailer for any advertising, display, or distribution service;

(D) Guaranteeing any loan or the repayment of any financial obligation of the retailer; or

(E) Offering or giving any bonus, premium, or compensation to the retailer or any of his or her officers, employees, or representatives.

(b) As used in this section, unless the context otherwise requires: (1) "Manufacturer" means, unless otherwise specified, 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, and other liquids containing alcohol, except patent medicines, beer, and wine; and (2) "Person" includes any and all corporations, partnerships, associations, or individuals and all agents, representatives, or employees of such persons.

(1) "Manufacturer" means, unless otherwise specified, 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, and other liquids containing alcohol, except patent medicines, beer, and wine; and

(2) "Person" includes any and all corporations, partnerships, associations, or individuals and all agents, representatives, or employees of such persons.

Amended by Act 2019, No. 315,§ 43, eff. 7/24/2019.

Acts 1953, No. 362, §§ 1, 3; A.S.A. 1947, § 48-952.
Ark. Code Ann. § 3-2-207 — AR Code / Title 3 / Chapter 2 / Subchapter 2 / Section 3-2-207
Qualifications and oath of personnel
Status: in_force

(a) No person shall be appointed a member of the board or a director, agent, or employee of the Alcoholic Beverage Control Division, the Alcoholic Beverage Control Enforcement Division, or the Alcoholic Beverage Control Board who is not a citizen of the United States and who has not resided in the State of Arkansas successively for two (2) years immediately preceding the date of this appointment. (b) No person shall be so appointed who has been convicted of or pleaded guilty to a felony or any violation of any federal or state law concerning the manufacture or sale of alcoholic beverages or malt beverages prior or subsequent to the passage of this subchapter, nor shall a person be appointed who has paid a fine or penalty in settlement in any prosecution against him or her for any violation of such laws or who shall have forfeited his or her bond to appear in court to answer charges for any such violation. (c) No appointee may, directly or indirectly, individually or as a member of a partnership, or as a shareholder of a corporation, have any interests whatsoever in the manufacture, sale, or distribution of alcoholic beverages, nor receive any compensation or profit therefrom. (d) No appointee shall be an elected or appointed officer or employee of this state. (e) Each member of the board, director, and enforcement agent shall take and subscribe to an oath that he or she will support and enforce the provisions of this subchapter, the alcohol control laws of this state, the Arkansas Constitution, and the United States Constitution. Acts 1951, No. 159, §§ 7, 8; A.S.A. 1947, §§ 48-1306, 48-1307; Acts 1993, No. 122, § 1.

(a) No person shall be appointed a member of the board or a director, agent, or employee of the Alcoholic Beverage Control Division, the Alcoholic Beverage Control Enforcement Division, or the Alcoholic Beverage Control Board who is not a citizen of the United States and who has not resided in the State of Arkansas successively for two (2) years immediately preceding the date of this appointment.

(b) No person shall be so appointed who has been convicted of or pleaded guilty to a felony or any violation of any federal or state law concerning the manufacture or sale of alcoholic beverages or malt beverages prior or subsequent to the passage of this subchapter, nor shall a person be appointed who has paid a fine or penalty in settlement in any prosecution against him or her for any violation of such laws or who shall have forfeited his or her bond to appear in court to answer charges for any such violation.

(c) No appointee may, directly or indirectly, individually or as a member of a partnership, or as a shareholder of a corporation, have any interests whatsoever in the manufacture, sale, or distribution of alcoholic beverages, nor receive any compensation or profit therefrom.

(d) No appointee shall be an elected or appointed officer or employee of this state.

(e) Each member of the board, director, and enforcement agent shall take and subscribe to an oath that he or she will support and enforce the provisions of this subchapter, the alcohol control laws of this state, the Arkansas Constitution, and the United States Constitution.

Acts 1951, No. 159, §§ 7, 8; A.S.A. 1947, §§ 48-1306, 48-1307; Acts 1993, No. 122, § 1.
Ark. Code Ann. § 3-5-602 — AR Code / Title 3 / Chapter 5 / Subchapter 6 / Section 3-5-602
Rules
Status: in_force

(a) The Secretary of the Department of Finance and Administration is authorized to establish appropriate rules, if he or she deems it advisable, to simplify the furnishing of information to the Department of Finance and Administration as required under the provisions of this subchapter. (b) The secretary may promulgate forms which are to be filed with the department abbreviating information now required to be furnished under this subchapter or may waive in writing the filing of any information with the department on condition that the information and records will be kept by Arkansas wineries for department inspection and audit. Amended by Act 2019, No. 315,§ 68, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3313, eff. 7/1/2019. Acts 1979, No. 770, § 1; A.S.A. 1947, § 48-633.1.

(a) The Secretary of the Department of Finance and Administration is authorized to establish appropriate rules, if he or she deems it advisable, to simplify the furnishing of information to the Department of Finance and Administration as required under the provisions of this subchapter.

(b) The secretary may promulgate forms which are to be filed with the department abbreviating information now required to be furnished under this subchapter or may waive in writing the filing of any information with the department on condition that the information and records will be kept by Arkansas wineries for department inspection and audit.

Amended by Act 2019, No. 315,§ 68, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3313, eff. 7/1/2019.

Acts 1979, No. 770, § 1; A.S.A. 1947, § 48-633.1.
Ark. Code Ann. § 3-5-1402 — AR Code / Title 3 / Chapter 5 / Subchapter 14 / Section 3-5-1402
Legislative determinations and intent
Status: in_force

(a) The General Assembly finds that: (1) The creation and long-term success of small businesses in this state is vital to the continued economic well-being and prosperity of the State of Arkansas; and (2) All reasonable steps should be taken to retain, foster, and encourage small business and to create favorable conditions for small business in this state. (b) It is the intent and purpose of this subchapter to authorize the legal operation of native breweries in order to assure that these favorable conditions exist in this state. Acts 2003, No. 1805, § 2.

(a) The General Assembly finds that: (1) The creation and long-term success of small businesses in this state is vital to the continued economic well-being and prosperity of the State of Arkansas; and (2) All reasonable steps should be taken to retain, foster, and encourage small business and to create favorable conditions for small business in this state.

(1) The creation and long-term success of small businesses in this state is vital to the continued economic well-being and prosperity of the State of Arkansas; and

(2) All reasonable steps should be taken to retain, foster, and encourage small business and to create favorable conditions for small business in this state.

(b) It is the intent and purpose of this subchapter to authorize the legal operation of native breweries in order to assure that these favorable conditions exist in this state.

Acts 2003, No. 1805, § 2.
Ark. Code Ann. § 3-5-1406 — AR Code / Title 3 / Chapter 5 / Subchapter 14 / Section 3-5-1406
Additional license to sell small brewery beer, malt beverages, and hard cider not required
Status: in_force

(a) Any wholesale or retail dealer that is licensed to sell beer, malt beverages, and hard cider may sell beer, malt beverages, and hard cider produced by small brewers without any additional license fee. (b) Any retail dealer not licensed to sell beer, malt beverages, and hard cider may sell beer, malt beverages, and hard cider produced by small brewers and microbrewery-restaurants licensed under § 3-5-1204 if the retailer pays a retail dealer's license fee of fifteen dollars ($15.00) to the Alcoholic Beverage Control Division. Amended by Act 2015, No. 857,§ 9, eff. 3/31/2015. Acts 2003, No. 1805, § 6.

(a) Any wholesale or retail dealer that is licensed to sell beer, malt beverages, and hard cider may sell beer, malt beverages, and hard cider produced by small brewers without any additional license fee.

(b) Any retail dealer not licensed to sell beer, malt beverages, and hard cider may sell beer, malt beverages, and hard cider produced by small brewers and microbrewery-restaurants licensed under § 3-5-1204 if the retailer pays a retail dealer's license fee of fifteen dollars ($15.00) to the Alcoholic Beverage Control Division.

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

Acts 2003, No. 1805, § 6.
Ark. Code Ann. § 3-9-606 — AR Code / Title 3 / Chapter 9 / Subchapter 6 / Section 3-9-606
Revocation or suspension of license
Status: in_force

Proceedings for the revocation or suspension of any license issued pursuant to the provisions of this subchapter shall be in the same manner as is provided by law for revocation or suspension of licenses for the sale of beer for consumption on the premises. Acts 1999, No. 856, § 6.

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

Acts 1999, No. 856, § 6.
Ark. Code Ann. § 3-5-1005 — AR Code / Title 3 / Chapter 5 / Subchapter 10 / Section 3-5-1005
Applications
Status: in_force

Any winery in this state which produces wines from grapes, berries, fruits, or vegetables grown in this state, which desires to receive the subsidy authorized in this subchapter with respect to such purchases, may make application for the subsidy with the Department of Finance and Administration upon forms and in accordance with rules promulgated by the Secretary of the Department of Finance and Administration. Amended by Act 2019, No. 315,§ 74, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3322, eff. 7/1/2019. Acts 1975, No. 679, § 4; A.S.A. 1947, § 48-640.

Any winery in this state which produces wines from grapes, berries, fruits, or vegetables grown in this state, which desires to receive the subsidy authorized in this subchapter with respect to such purchases, may make application for the subsidy with the Department of Finance and Administration upon forms and in accordance with rules promulgated by the Secretary of the Department of Finance and Administration.

Amended by Act 2019, No. 315,§ 74, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3322, eff. 7/1/2019.

Acts 1975, No. 679, § 4; A.S.A. 1947, § 48-640.
Ark. Code Ann. § 3-2-301 — AR Code / Title 3 / Chapter 2 / Subchapter 3 / Section 3-2-301
Circuit judges - Appointment of temporary officers and special prosecutors
Status: in_force

(a) The circuit judges of this state are declared to be primarily responsible for the enforcement of laws against the unlawful manufacture and sale of intoxicating liquors. (b) (1) Circuit judges are given authority to appoint an officer of the court in lieu of the sheriff to act temporarily and in cases specially designated in the enforcing of any of the laws when the circuit judge becomes convinced that the sheriff is for any cause neglecting his or her duties under the law imposed upon him or her. (2) The compensation and expenses of such temporary officer shall be fixed by the judge making the appointment and shall be ordered paid by the judge out of an appropriation hereafter made. A certified copy of the judgment of the court fixing the compensation and expenses shall be sufficient authority for the Auditor of State to draw a voucher in payment of the compensation and expenses and of the Treasurer of State to pay a warrant when presented. The voucher shall be preaudited as other claims against the state. (c) (1) Whenever the circuit judge becomes convinced that any prosecuting attorney is not performing his or her full duty with respect to the enforcement of the laws against the unlawful manufacture or sale of intoxicating liquors, he or she shall have authority to appoint a special prosecutor who shall be an attorney learned in the law and with at least ten (10) years' experience in the actual practice of law. (2) The special prosecutor shall proceed to investigate and prosecute such cases as may be called to his or her attention by the circuit judge. (3) The compensation and expenses of the special prosecutor shall be fixed by the circuit court and paid out of the fund hereafter appropriated. The order of the circuit judge fixing the compensation and expenses of the special prosecutor shall be sufficient authority upon which the Auditor of State may issue a voucher in payment thereof and of the Treasurer of State to pay a warrant when presented. The voucher shall be preaudited as other claims against the state. (d) The temporary appointees in place of the sheriffs and the special prosecutors shall have all of the powers and authorities designated by law in the persons whom they are appointed to succeed. Acts 1935, No. 132, §§ 2-4; Pope's Dig., §§ 14237-14239; A.S.A. 1947, §§ 48-1102 -- 48-1104.

(a) The circuit judges of this state are declared to be primarily responsible for the enforcement of laws against the unlawful manufacture and sale of intoxicating liquors.

(b) (1) Circuit judges are given authority to appoint an officer of the court in lieu of the sheriff to act temporarily and in cases specially designated in the enforcing of any of the laws when the circuit judge becomes convinced that the sheriff is for any cause neglecting his or her duties under the law imposed upon him or her. (2) The compensation and expenses of such temporary officer shall be fixed by the judge making the appointment and shall be ordered paid by the judge out of an appropriation hereafter made. A certified copy of the judgment of the court fixing the compensation and expenses shall be sufficient authority for the Auditor of State to draw a voucher in payment of the compensation and expenses and of the Treasurer of State to pay a warrant when presented. The voucher shall be preaudited as other claims against the state.

(1) Circuit judges are given authority to appoint an officer of the court in lieu of the sheriff to act temporarily and in cases specially designated in the enforcing of any of the laws when the circuit judge becomes convinced that the sheriff is for any cause neglecting his or her duties under the law imposed upon him or her.

(2) The compensation and expenses of such temporary officer shall be fixed by the judge making the appointment and shall be ordered paid by the judge out of an appropriation hereafter made. A certified copy of the judgment of the court fixing the compensation and expenses shall be sufficient authority for the Auditor of State to draw a voucher in payment of the compensation and expenses and of the Treasurer of State to pay a warrant when presented. The voucher shall be preaudited as other claims against the state.

(c) (1) Whenever the circuit judge becomes convinced that any prosecuting attorney is not performing his or her full duty with respect to the enforcement of the laws against the unlawful manufacture or sale of intoxicating liquors, he or she shall have authority to appoint a special prosecutor who shall be an attorney learned in the law and with at least ten (10) years' experience in the actual practice of law. (2) The special prosecutor shall proceed to investigate and prosecute such cases as may be called to his or her attention by the circuit judge. (3) The compensation and expenses of the special prosecutor shall be fixed by the circuit court and paid out of the fund hereafter appropriated. The order of the circuit judge fixing the compensation and expenses of the special prosecutor shall be sufficient authority upon which the Auditor of State may issue a voucher in payment thereof and of the Treasurer of State to pay a warrant when presented. The voucher shall be preaudited as other claims against the state.

(1) Whenever the circuit judge becomes convinced that any prosecuting attorney is not performing his or her full duty with respect to the enforcement of the laws against the unlawful manufacture or sale of intoxicating liquors, he or she shall have authority to appoint a special prosecutor who shall be an attorney learned in the law and with at least ten (10) years' experience in the actual practice of law.

(2) The special prosecutor shall proceed to investigate and prosecute such cases as may be called to his or her attention by the circuit judge.

(3) The compensation and expenses of the special prosecutor shall be fixed by the circuit court and paid out of the fund hereafter appropriated. The order of the circuit judge fixing the compensation and expenses of the special prosecutor shall be sufficient authority upon which the Auditor of State may issue a voucher in payment thereof and of the Treasurer of State to pay a warrant when presented. The voucher shall be preaudited as other claims against the state.

(d) The temporary appointees in place of the sheriffs and the special prosecutors shall have all of the powers and authorities designated by law in the persons whom they are appointed to succeed.

Acts 1935, No. 132, §§ 2-4; Pope's Dig., §§ 14237-14239; A.S.A. 1947, §§ 48-1102 -- 48-1104.
Ark. Code Ann. § 3-5-103 — AR Code / Title 3 / Chapter 5 / Subchapter 1 / Section 3-5-103
Distribution areas
Status: in_force

(a) All beer wholesalers in this state shall notify the Alcoholic Beverage Control Board of the brand name of all beer to be distributed and of the agreement between the applicant and the brewer as to the geographical territory wherein the applicant may distribute beer. (b) In the event an agreement between a beer wholesaler and a brewer concerning the geographical territory within which the wholesaler may distribute beer is modified or changed as to the geographical territory, then the beer wholesaler shall notify the board of a new agreement or modification of agreement within sixty (60) days of the modification agreement or new agreement. (c) It shall be unlawful for any wholesale beer distributor to sell beer outside the geographical territory described in the notice given the board. Acts 1977, No. 467, § 1; A.S.A. 1947, § 48-513.1.

(a) All beer wholesalers in this state shall notify the Alcoholic Beverage Control Board of the brand name of all beer to be distributed and of the agreement between the applicant and the brewer as to the geographical territory wherein the applicant may distribute beer.

(b) In the event an agreement between a beer wholesaler and a brewer concerning the geographical territory within which the wholesaler may distribute beer is modified or changed as to the geographical territory, then the beer wholesaler shall notify the board of a new agreement or modification of agreement within sixty (60) days of the modification agreement or new agreement.

(c) It shall be unlawful for any wholesale beer distributor to sell beer outside the geographical territory described in the notice given the board.

Acts 1977, No. 467, § 1; A.S.A. 1947, § 48-513.1.
Ark. Code Ann. § 3-8-805 — AR Code / Title 3 / Chapter 8 / Subchapter 8 / Section 3-8-805
Signing of petition - Penalty for falsification - Notice of suspected forgery
Status: in_force

(a) (1) A person signing a petition under this subchapter shall: (A) Be a registered voter; and (B) Sign his or her own name and print his or her own name, address, birthdate, and the date of signing on a petition in his or her own handwriting. (2) If a person signing a petition under subdivision (a)(1) of this section requires assistance due to disability, another person: (A) May print the name, address, birthdate, and the date of signing; and (B) Shall sign and print his or her name in the margin of the petition. (3) A person who is under eighteen (18) years of age shall not act as a canvasser. (b) A person commits a Class A misdemeanor if the person, acting as a canvasser, notary, sponsor, or agent of a sponsor knowingly: (1) Signs a name other than his or her own to a petition; (2) Prints a name, address, or birthdate other than his or her own on a petition unless the signer requires assistance due to disability and the person complies with this section; (3) Solicits or obtains a signature to a petition knowing that the person signing is not qualified to sign the petition; (4) Pays a person any form of compensation in exchange for signing a petition as a petitioner; (5) Accepts or pays money or anything of value for obtaining signatures on a petition when the person acting as a canvasser, sponsor, or agent of a sponsor knows that the person acting as canvasser's name or address is not included on the sponsor's list filed with the county clerk; or (6) As a sponsor, files a petition part with the official charged with verifying the signatures knowing that the petition part contains one (1) or more false or fraudulent signatures unless each false or fraudulent signature is clearly stricken by the sponsor before filing. (c) When the official charged with verifying the signatures has reasonable grounds to believe that one (1) or more signatures on a petition is forged, excluding signatures apparently signed by one spouse for another, the official shall report the suspected forgery and basis for suspecting forgery to: (1) The Department of Arkansas State Police, in the case of a statewide petition; or (2) The prosecuting attorney of the county, in the case of a local petition. Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.

(a) (1) A person signing a petition under this subchapter shall: (A) Be a registered voter; and (B) Sign his or her own name and print his or her own name, address, birthdate, and the date of signing on a petition in his or her own handwriting. (2) If a person signing a petition under subdivision (a)(1) of this section requires assistance due to disability, another person: (A) May print the name, address, birthdate, and the date of signing; and (B) Shall sign and print his or her name in the margin of the petition. (3) A person who is under eighteen (18) years of age shall not act as a canvasser.

(1) A person signing a petition under this subchapter shall: (A) Be a registered voter; and (B) Sign his or her own name and print his or her own name, address, birthdate, and the date of signing on a petition in his or her own handwriting.

(A) Be a registered voter; and

(B) Sign his or her own name and print his or her own name, address, birthdate, and the date of signing on a petition in his or her own handwriting.

(2) If a person signing a petition under subdivision (a)(1) of this section requires assistance due to disability, another person: (A) May print the name, address, birthdate, and the date of signing; and (B) Shall sign and print his or her name in the margin of the petition.

(A) May print the name, address, birthdate, and the date of signing; and

(B) Shall sign and print his or her name in the margin of the petition.

(3) A person who is under eighteen (18) years of age shall not act as a canvasser.

(b) A person commits a Class A misdemeanor if the person, acting as a canvasser, notary, sponsor, or agent of a sponsor knowingly: (1) Signs a name other than his or her own to a petition; (2) Prints a name, address, or birthdate other than his or her own on a petition unless the signer requires assistance due to disability and the person complies with this section; (3) Solicits or obtains a signature to a petition knowing that the person signing is not qualified to sign the petition; (4) Pays a person any form of compensation in exchange for signing a petition as a petitioner; (5) Accepts or pays money or anything of value for obtaining signatures on a petition when the person acting as a canvasser, sponsor, or agent of a sponsor knows that the person acting as canvasser's name or address is not included on the sponsor's list filed with the county clerk; or (6) As a sponsor, files a petition part with the official charged with verifying the signatures knowing that the petition part contains one (1) or more false or fraudulent signatures unless each false or fraudulent signature is clearly stricken by the sponsor before filing.

(1) Signs a name other than his or her own to a petition;

(2) Prints a name, address, or birthdate other than his or her own on a petition unless the signer requires assistance due to disability and the person complies with this section;

(3) Solicits or obtains a signature to a petition knowing that the person signing is not qualified to sign the petition;

(4) Pays a person any form of compensation in exchange for signing a petition as a petitioner;

(5) Accepts or pays money or anything of value for obtaining signatures on a petition when the person acting as a canvasser, sponsor, or agent of a sponsor knows that the person acting as canvasser's name or address is not included on the sponsor's list filed with the county clerk; or

(6) As a sponsor, files a petition part with the official charged with verifying the signatures knowing that the petition part contains one (1) or more false or fraudulent signatures unless each false or fraudulent signature is clearly stricken by the sponsor before filing.

(c) When the official charged with verifying the signatures has reasonable grounds to believe that one (1) or more signatures on a petition is forged, excluding signatures apparently signed by one spouse for another, the official shall report the suspected forgery and basis for suspecting forgery to: (1) The Department of Arkansas State Police, in the case of a statewide petition; or (2) The prosecuting attorney of the county, in the case of a local petition.

(1) The Department of Arkansas State Police, in the case of a statewide petition; or

(2) The prosecuting attorney of the county, in the case of a local petition.

Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.
Ark. Code Ann. § 3-4-105 — AR Code / Title 3 / Chapter 4 / Subchapter 1 / Section 3-4-105
Temporary permits
Status: in_force

(a) (1) The Alcoholic Beverage Control Division may issue a temporary permit for the sale of alcoholic beverages within categories set out in subsection (b) of this section at a function sponsored by or for the benefit of a nonprofit organization or charitable organization. (2) A temporary permit issued under this subsection may be issued for a period of time not to exceed five (5) consecutive days. (3) An application for a temporary permit issued under this subsection shall meet the requirements as established by the Director of the Alcoholic Beverage Control Division and set out in the application. (b) (1) The categories and application fees for temporary permits issued under subsection (a) of this section are as follows: (A) Temporary beer permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of beer; (B) Temporary wine permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of wine; (C) Temporary spirit permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of spirituous alcoholic beverages; and (D) Temporary hard cider permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of hard cider. (2) A temporary permit issued under subsection (a) of this section is only for on-premises consumption at the event specified in the temporary permit. (c) An applicant may apply for one (1) or more of the temporary permits authorized in subsection (a) of this section for an event. Amended by Act 2019, No. 691,§ 4, eff. 7/24/2019. Acts 2009, No. 294, § 3.

(a) (1) The Alcoholic Beverage Control Division may issue a temporary permit for the sale of alcoholic beverages within categories set out in subsection (b) of this section at a function sponsored by or for the benefit of a nonprofit organization or charitable organization. (2) A temporary permit issued under this subsection may be issued for a period of time not to exceed five (5) consecutive days. (3) An application for a temporary permit issued under this subsection shall meet the requirements as established by the Director of the Alcoholic Beverage Control Division and set out in the application.

(1) The Alcoholic Beverage Control Division may issue a temporary permit for the sale of alcoholic beverages within categories set out in subsection (b) of this section at a function sponsored by or for the benefit of a nonprofit organization or charitable organization.

(2) A temporary permit issued under this subsection may be issued for a period of time not to exceed five (5) consecutive days.

(3) An application for a temporary permit issued under this subsection shall meet the requirements as established by the Director of the Alcoholic Beverage Control Division and set out in the application.

(b) (1) The categories and application fees for temporary permits issued under subsection (a) of this section are as follows: (A) Temporary beer permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of beer; (B) Temporary wine permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of wine; (C) Temporary spirit permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of spirituous alcoholic beverages; and (D) Temporary hard cider permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of hard cider. (2) A temporary permit issued under subsection (a) of this section is only for on-premises consumption at the event specified in the temporary permit.

(1) The categories and application fees for temporary permits issued under subsection (a) of this section are as follows: (A) Temporary beer permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of beer; (B) Temporary wine permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of wine; (C) Temporary spirit permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of spirituous alcoholic beverages; and (D) Temporary hard cider permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of hard cider.

(A) Temporary beer permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of beer;

(B) Temporary wine permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of wine;

(C) Temporary spirit permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of spirituous alcoholic beverages; and

(D) Temporary hard cider permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of hard cider.

(2) A temporary permit issued under subsection (a) of this section is only for on-premises consumption at the event specified in the temporary permit.

(c) An applicant may apply for one (1) or more of the temporary permits authorized in subsection (a) of this section for an event.

Amended by Act 2019, No. 691,§ 4, eff. 7/24/2019.

Acts 2009, No. 294, § 3.
Ark. Code Ann. § 3-9-232 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-232
Inspection of premises and records of licensed premises and private clubs
Status: in_force

(a) No permit shall be issued under this subchapter unless the permittee has consented in writing that the licensed premises and its books and records shall be open at all times to all law enforcement and tax officials and officials of the Alcoholic Beverage Control Division, the Alcoholic Beverage Control Enforcement Division, and the Secretary of the Department of Finance and Administration without requirement of warrant or other legal process. (b) No organization holding a permit under this subchapter shall market, sell, or otherwise furnish the names of its members or any other information pertaining to its members to any other public or private entity, except as provided in subsection (a) of this section. Amended by Act 2019, No. 910,§ 3353, eff. 7/1/2019. Acts 1969, No. 132, § 6; A.S.A. 1947, § 48-1406; Acts 2003, No. 654, § 1.

(a) No permit shall be issued under this subchapter unless the permittee has consented in writing that the licensed premises and its books and records shall be open at all times to all law enforcement and tax officials and officials of the Alcoholic Beverage Control Division, the Alcoholic Beverage Control Enforcement Division, and the Secretary of the Department of Finance and Administration without requirement of warrant or other legal process.

(b) No organization holding a permit under this subchapter shall market, sell, or otherwise furnish the names of its members or any other information pertaining to its members to any other public or private entity, except as provided in subsection (a) of this section.

Amended by Act 2019, No. 910,§ 3353, eff. 7/1/2019.

Acts 1969, No. 132, § 6; A.S.A. 1947, § 48-1406; Acts 2003, No. 654, § 1.
Ark. Code Ann. § 3-9-201 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-201
Legislative determinations and intent
Status: in_force

(a) The General Assembly reaffirms the policy of this state of strict enforcement of alcoholic beverage control laws and further reaffirms the policy of this state that the qualified electors of any city, county, or political subdivision thereof shall have the right of local option pursuant to Initiated Act No. 1 of 1942, as amended, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , to prohibit the manufacture or sale of intoxicating liquor therein. (b) The General Assembly further declares and recognizes the principle of freedom of choice of the people in any city or county in which the manufacture or sale of alcoholic beverages has not been prohibited to determine by a local referendum whether the sale of alcoholic beverages for on-premises consumption shall be authorized in the manner herein provided. (c) The General Assembly authorizes and directs all law enforcement officials to enforce strictly the alcoholic beverage laws of this state. (d) The General Assembly determines: (1) That the tourist and convention industries contribute substantially to the revenues of business enterprises in this state and that income from the tourist trade, conventions, and allied industries is essential to the continued well-being and prosperity of this state; (2) That there is extreme competition among states throughout the nation for the tourist and convention business; and (3) That all reasonable steps should be taken to retain, foster, and encourage this business and to create favorable competitive conditions therefor in this state. (e) In order to encourage tourists and conventions to come to Arkansas, it is essential that visitors to the state be provided accommodations, services, and facilities of a nature to which they are accustomed and competitive with those offered in other states and areas and especially states adjacent to Arkansas. (f) It is the intent and purpose of this subchapter to authorize the qualified electors of cities and counties in which the sale of alcoholic beverages is not prohibited by law to approve, by referendum election, the legal sale of alcoholic beverages for consumption on the premises of restaurants, hotels, and motels as defined herein. Acts 1969, No. 132, § 1; A.S.A. 1947, § 48-1401.

(a) The General Assembly reaffirms the policy of this state of strict enforcement of alcoholic beverage control laws and further reaffirms the policy of this state that the qualified electors of any city, county, or political subdivision thereof shall have the right of local option pursuant to Initiated Act No. 1 of 1942, as amended, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , to prohibit the manufacture or sale of intoxicating liquor therein.

(b) The General Assembly further declares and recognizes the principle of freedom of choice of the people in any city or county in which the manufacture or sale of alcoholic beverages has not been prohibited to determine by a local referendum whether the sale of alcoholic beverages for on-premises consumption shall be authorized in the manner herein provided.

(c) The General Assembly authorizes and directs all law enforcement officials to enforce strictly the alcoholic beverage laws of this state.

(d) The General Assembly determines: (1) That the tourist and convention industries contribute substantially to the revenues of business enterprises in this state and that income from the tourist trade, conventions, and allied industries is essential to the continued well-being and prosperity of this state; (2) That there is extreme competition among states throughout the nation for the tourist and convention business; and (3) That all reasonable steps should be taken to retain, foster, and encourage this business and to create favorable competitive conditions therefor in this state.

(1) That the tourist and convention industries contribute substantially to the revenues of business enterprises in this state and that income from the tourist trade, conventions, and allied industries is essential to the continued well-being and prosperity of this state;

(2) That there is extreme competition among states throughout the nation for the tourist and convention business; and

(3) That all reasonable steps should be taken to retain, foster, and encourage this business and to create favorable competitive conditions therefor in this state.

(e) In order to encourage tourists and conventions to come to Arkansas, it is essential that visitors to the state be provided accommodations, services, and facilities of a nature to which they are accustomed and competitive with those offered in other states and areas and especially states adjacent to Arkansas.

(f) It is the intent and purpose of this subchapter to authorize the qualified electors of cities and counties in which the sale of alcoholic beverages is not prohibited by law to approve, by referendum election, the legal sale of alcoholic beverages for consumption on the premises of restaurants, hotels, and motels as defined herein.

Acts 1969, No. 132, § 1; A.S.A. 1947, § 48-1401.