Ark. Code Ann. § 3-8-601 — AR Code / Title 3 / Chapter 8 / Subchapter 6 / Section 3-8-601
Definitions
Status: in_force

As used in this subchapter: (1) "Beer" means a fermented liquor made from malt or a malt substitute and containing not more than five percent (5%) alcohol by weight; (2) "Defunct voting district" means a voting district that: (A) Existed at the time its qualified voters voted to be dry; (B) Is no longer recognized by the state or the county in which it was located; and (C) Is currently located in a wet county; (3) "Dry" means a county or territorial subdivision that voted to prohibit the manufacture or sale of intoxicating liquor under Initiated Act No. 1 of 1942, as amended, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , or § 3-8-302 [repealed], § 3-8-303 , § 3-8-304 [repealed], § 3-8-305 , and § 3-8-306 ; (4) "Malt beverage" means a liquor brewed from the fermented juices of grain and having an alcoholic content of not less than five percent (5%) and not more than twenty-one percent (21%) of alcohol by weight; (5) "Spirituous liquor" means a liquor distilled from the fermented juices of grain, fruits, or vegetables and containing more than twenty-one percent (21%) alcohol by weight or any other liquids containing more than twenty-one percent (21%) alcohol by weight; (6) "Territorial subdivision" means a township, municipality, ward, or precinct of a county of the state; (7) "Vinous beverage" means the fermented juices of fruits or a mixture containing the fermented juices of fruits containing more than five percent (5%) and not more than twenty-one percent (21%) alcohol by weight; (8) "Voting district" means a geographical area of qualified voters of a county in this state; and (9) "Wet" means a county or territorial subdivision that voted to permit the manufacture or sale of intoxicating liquor under Initiated Act No. 1 of 1942, as amended, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , or § 3-8-302 [repealed], § 3-8-303 , § 3-8-304 [repealed], § 3-8-305 , and § 3-8-306 . Added by Act 2013, No. 1018,§ 1, eff. 4/9/2013.

As used in this subchapter:

(1) "Beer" means a fermented liquor made from malt or a malt substitute and containing not more than five percent (5%) alcohol by weight;

(2) "Defunct voting district" means a voting district that: (A) Existed at the time its qualified voters voted to be dry; (B) Is no longer recognized by the state or the county in which it was located; and (C) Is currently located in a wet county;

(A) Existed at the time its qualified voters voted to be dry;

(B) Is no longer recognized by the state or the county in which it was located; and

(C) Is currently located in a wet county;

(3) "Dry" means a county or territorial subdivision that voted to prohibit the manufacture or sale of intoxicating liquor under Initiated Act No. 1 of 1942, as amended, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , or § 3-8-302 [repealed], § 3-8-303 , § 3-8-304 [repealed], § 3-8-305 , and § 3-8-306 ;

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

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

(6) "Territorial subdivision" means a township, municipality, ward, or precinct of a county of the state;

(7) "Vinous beverage" means the fermented juices of fruits or a mixture containing the fermented juices of fruits containing more than five percent (5%) and not more than twenty-one percent (21%) alcohol by weight;

(8) "Voting district" means a geographical area of qualified voters of a county in this state; and

(9) "Wet" means a county or territorial subdivision that voted to permit the manufacture or sale of intoxicating liquor under Initiated Act No. 1 of 1942, as amended, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , or § 3-8-302 [repealed], § 3-8-303 , § 3-8-304 [repealed], § 3-8-305 , and § 3-8-306 .

Added by Act 2013, No. 1018,§ 1, eff. 4/9/2013.
Ark. Code Ann. § 3-9-223 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-223
Private clubs - Permit renewal fees - Taxes
Status: in_force

(a) (1) A permit shall be renewed on or before June 30 of each calendar year for the fiscal year beginning July 1. (2) Any permit issued between January and July 1 of any year shall be at one-half (½) of the amount of the fee provided in § 3-9-222 . (b) (1) In addition, there is levied a supplemental tax of ten percent (10%) upon the gross proceeds or gross receipts derived by the private club from the charges to members for the preparation and serving of mixed drinks or for the cooling and serving of beer and wine, drawn from the private stocks of the members as provided in § 3-9-221 , for consumption only on the premises where served. (2) 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 derived by the private club from the charges to members for the preparation and serving of mixed drinks drawn from the private stocks of the members as provided in § 3-9-221 for consumption only on the premises where served. (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 under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and shall be in addition to the tax. (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 secretary shall promulgate reasonable rules for the enforcement and collection of the tax levied herein, including a requirement that each permittee maintain records showing all such charges made. (e) The taxes herein prescribed may be passed on to the members. (f) (1) In addition to the fee or supplemental tax as levied herein, any city or incorporated town or any county in which the permitted premises are located, if located outside the limits of a city or incorporated town, may levy an additional permit fee or supplemental tax or both additional permit fee and supplemental tax not to exceed one-half (½) of the amount of the fee or rate provided in this section. (2) All fees and taxes levied hereunder by any city or county shall be used for city or county general purposes or for city or county economic development purposes. (g) Holders of a bed and breakfast private club permit are exempt from the supplemental taxes in subsections (b) and (f) of this section. (h) (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 private club; (B) The department makes an assessment related to the audit against the private club; and (C) The private club operates in a city or county that imposes a supplemental tax on the sale of alcoholic beverages consumed on the premises under § 3-9-223(f) . (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,§ 102, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3351, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3350, eff. 7/1/2019. Acts 1969, No. 132, § 10; 1975 (Extended Sess., 1976), No. 1016, § 1; 1983, No. 420, § 1; 1983, No. 844, §§ 2, 5; A.S.A. 1947, §§ 48-313.1, 48-1410, 48-1410n; reen. Acts 1987, No. 949, § 1; 1995, No. 372, § 1; 1995, No. 405, § 1; 1997, No. 546, § 1; 1999, No. 1063, § 4; 2003, No. 335, § 2; 2005, No. 1274, § 2.

(a) (1) A permit shall be renewed on or before June 30 of each calendar year for the fiscal year beginning July 1. (2) Any permit issued between January and July 1 of any year shall be at one-half (½) of the amount of the fee provided in § 3-9-222 .

(1) A permit shall be renewed on or before June 30 of each calendar year for the fiscal year beginning July 1.

(2) Any permit issued between January and July 1 of any year shall be at one-half (½) of the amount of the fee provided in § 3-9-222 .

(b) (1) In addition, there is levied a supplemental tax of ten percent (10%) upon the gross proceeds or gross receipts derived by the private club from the charges to members for the preparation and serving of mixed drinks or for the cooling and serving of beer and wine, drawn from the private stocks of the members as provided in § 3-9-221 , for consumption only on the premises where served. (2) 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 derived by the private club from the charges to members for the preparation and serving of mixed drinks drawn from the private stocks of the members as provided in § 3-9-221 for consumption only on the premises where served.

(1) In addition, there is levied a supplemental tax of ten percent (10%) upon the gross proceeds or gross receipts derived by the private club from the charges to members for the preparation and serving of mixed drinks or for the cooling and serving of beer and wine, drawn from the private stocks of the members as provided in § 3-9-221 , for consumption only on the premises where served.

(2) 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 derived by the private club from the charges to members for the preparation and serving of mixed drinks drawn from the private stocks of the members as provided in § 3-9-221 for consumption only on the premises where served.

(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 under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and shall be in addition to the tax. (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 under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and shall be in addition to the tax.

(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 secretary shall promulgate reasonable rules for the enforcement and collection of the tax levied herein, including a requirement that each permittee maintain records showing all such charges made.

(e) The taxes herein prescribed may be passed on to the members.

(f) (1) In addition to the fee or supplemental tax as levied herein, any city or incorporated town or any county in which the permitted premises are located, if located outside the limits of a city or incorporated town, may levy an additional permit fee or supplemental tax or both additional permit fee and supplemental tax not to exceed one-half (½) of the amount of the fee or rate provided in this section. (2) All fees and taxes levied hereunder by any city or county shall be used for city or county general purposes or for city or county economic development purposes.

(1) In addition to the fee or supplemental tax as levied herein, any city or incorporated town or any county in which the permitted premises are located, if located outside the limits of a city or incorporated town, may levy an additional permit fee or supplemental tax or both additional permit fee and supplemental tax not to exceed one-half (½) of the amount of the fee or rate provided in this section.

(2) All fees and taxes levied hereunder by any city or county shall be used for city or county general purposes or for city or county economic development purposes.

(g) Holders of a bed and breakfast private club permit are exempt from the supplemental taxes in subsections (b) and (f) of this section.

(h) (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 private club; (B) The department makes an assessment related to the audit against the private club; and (C) The private club operates in a city or county that imposes a supplemental tax on the sale of alcoholic beverages consumed on the premises under § 3-9-223(f) . (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 private club; (B) The department makes an assessment related to the audit against the private club; and (C) The private club operates in a city or county that imposes a supplemental tax on the sale of alcoholic beverages consumed on the premises under § 3-9-223(f) .

(A) The department audits a private club;

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

(C) The private club operates in a city or county that imposes a supplemental tax on the sale of alcoholic beverages consumed on the premises under § 3-9-223(f) .

(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,§ 102, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3351, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3350, eff. 7/1/2019.

Acts 1969, No. 132, § 10; 1975 (Extended Sess., 1976), No. 1016, § 1; 1983, No. 420, § 1; 1983, No. 844, §§ 2, 5; A.S.A. 1947, §§ 48-313.1, 48-1410, 48-1410n; reen. Acts 1987, No. 949, § 1; 1995, No. 372, § 1; 1995, No. 405, § 1; 1997, No. 546, § 1; 1999, No. 1063, § 4; 2003, No. 335, § 2; 2005, No. 1274, § 2.
Ark. Code Ann. § 3-7-104 — AR Code / Title 3 / Chapter 7 / Subchapter 1 / Section 3-7-104
Rate of tax
Status: in_force

There is levied and there shall be collected as provided by law and rule the following taxes: (1) (A) A tax at the rate of two dollars and fifty cents ($2.50) on each gallon of spirituous liquor sold or offered for sale in the State of Arkansas. (B) "Spirituous liquor", as used in this section, means liquor distilled from the fermented juices of grain, fruits, or vegetables and any mixture containing liquor distilled from the fermented juices of grain, fruits, or vegetables, with an alcoholic content of twenty-one percent (21%) or more alcohol by weight; (2) (A) A tax at the rate of one dollar ($1.00) on each gallon of premixed spirituous liquor sold or offered for sale in the State of Arkansas. (B) (i) "Premixed spirituous liquor", as used in this section, means liquor distilled from the fermented juices of grain, fruits, or vegetables, having an alcoholic content of less than twenty-one percent (21%) alcohol by weight but more than five percent (5%) alcohol by weight. (ii) "Premixed spirituous liquor", as used in this section, does not mean hard cider; (3) (A) A tax at the rate of fifty cents (50¢) on each gallon of light spirituous liquor sold or offered for sale in the State of Arkansas. (B) (i) "Light spirituous liquor", as used in this section, means liquor distilled from the fermented juices of grain, fruits, or vegetables and any mixture containing liquor distilled from the fermented juices of grain, fruits, or vegetables, having an alcoholic content between five-tenths of one percent (0.5%) and five percent (5%) alcohol by weight. (ii) "Light spirituous liquor", as used in this section, does not mean hard cider; (4) (A) A tax at the rate of seventy-five cents (75¢) on each gallon of vinous liquor, except wines fermented and manufactured within the State of Arkansas from grapes, berries, or other fruits grown in Arkansas sold or offered for sale in the State of Arkansas. (B) (i) "Vinous liquor", as used in this section, means the fermented juices of grapes, berries, or other fruits and any other mixture containing the fermented juices of grapes, berries, or other fruits, having an alcoholic content of more than five percent (5%) alcohol by weight. (ii) "Vinous liquor", as used in this section, does not mean hard cider; (5) (A) A tax at the rate of twenty-five cents (25¢) on each gallon of light wine except light wine fermented and manufactured within the State of Arkansas from grapes, berries, or other fruits grown in Arkansas, as sold or offered for sale in the State of Arkansas. (B) (i) "Light wine", as used in this section, means the fermented juices of grapes, berries, or fruits and any other mixture containing the fermented juices of grapes, berries, or fruits, having an alcoholic content of between five-tenths of one percent (0.5%) and five percent (5%) alcohol by weight. (ii) "Light wine", as used in this section, does not mean hard cider; (6) (A) A tax at the rate of seven dollars and fifty cents ($7.50) per barrel of thirty-two gallons (32 gals.), and proportionately for larger and smaller gallonages per barrel, on all beer having an alcoholic content of five percent (5%) or less by weight and hard cider sold or offered for sale in the State of Arkansas. (B) This tax shall be paid in the manner prescribed by § 3-7-401 et seq.; (7) A tax at the rate of twenty cents (20¢) on each gallon of malt liquor sold or offered for sale in the State of Arkansas; and (8) Mead, as defined in § 3-5-1702 , shall be taxed in the same manner as vinous liquor or light wine as provided in this section, depending on the alcohol content. Amended by Act 2021, No. 271,§ 10, eff. 7/28/2021. Amended by Act 2017, No. 671,§ 1, eff. 8/1/2017. Acts 1935, No. 109, § 3, as added by Acts 1947, No. 108, § 1; 1959, No. 113, § 1; 1963, No. 196, § 1; 1969, No. 169, § 1; 1983, No. 826, § 1; 1983, No. 844, §§ 3-5; A.S.A. 1947, § 48-402, 48-402n; Acts 1987, No. 424, §§ 1-3; 1993, No. 403, § 1.

There is levied and there shall be collected as provided by law and rule the following taxes:

(1) (A) A tax at the rate of two dollars and fifty cents ($2.50) on each gallon of spirituous liquor sold or offered for sale in the State of Arkansas. (B) "Spirituous liquor", as used in this section, means liquor distilled from the fermented juices of grain, fruits, or vegetables and any mixture containing liquor distilled from the fermented juices of grain, fruits, or vegetables, with an alcoholic content of twenty-one percent (21%) or more alcohol by weight;

(A) A tax at the rate of two dollars and fifty cents ($2.50) on each gallon of spirituous liquor sold or offered for sale in the State of Arkansas.

(B) "Spirituous liquor", as used in this section, means liquor distilled from the fermented juices of grain, fruits, or vegetables and any mixture containing liquor distilled from the fermented juices of grain, fruits, or vegetables, with an alcoholic content of twenty-one percent (21%) or more alcohol by weight;

(2) (A) A tax at the rate of one dollar ($1.00) on each gallon of premixed spirituous liquor sold or offered for sale in the State of Arkansas. (B) (i) "Premixed spirituous liquor", as used in this section, means liquor distilled from the fermented juices of grain, fruits, or vegetables, having an alcoholic content of less than twenty-one percent (21%) alcohol by weight but more than five percent (5%) alcohol by weight. (ii) "Premixed spirituous liquor", as used in this section, does not mean hard cider;

(A) A tax at the rate of one dollar ($1.00) on each gallon of premixed spirituous liquor sold or offered for sale in the State of Arkansas.

(B) (i) "Premixed spirituous liquor", as used in this section, means liquor distilled from the fermented juices of grain, fruits, or vegetables, having an alcoholic content of less than twenty-one percent (21%) alcohol by weight but more than five percent (5%) alcohol by weight. (ii) "Premixed spirituous liquor", as used in this section, does not mean hard cider;

(i) "Premixed spirituous liquor", as used in this section, means liquor distilled from the fermented juices of grain, fruits, or vegetables, having an alcoholic content of less than twenty-one percent (21%) alcohol by weight but more than five percent (5%) alcohol by weight.

(ii) "Premixed spirituous liquor", as used in this section, does not mean hard cider;

(3) (A) A tax at the rate of fifty cents (50¢) on each gallon of light spirituous liquor sold or offered for sale in the State of Arkansas. (B) (i) "Light spirituous liquor", as used in this section, means liquor distilled from the fermented juices of grain, fruits, or vegetables and any mixture containing liquor distilled from the fermented juices of grain, fruits, or vegetables, having an alcoholic content between five-tenths of one percent (0.5%) and five percent (5%) alcohol by weight. (ii) "Light spirituous liquor", as used in this section, does not mean hard cider;

(A) A tax at the rate of fifty cents (50¢) on each gallon of light spirituous liquor sold or offered for sale in the State of Arkansas.

(B) (i) "Light spirituous liquor", as used in this section, means liquor distilled from the fermented juices of grain, fruits, or vegetables and any mixture containing liquor distilled from the fermented juices of grain, fruits, or vegetables, having an alcoholic content between five-tenths of one percent (0.5%) and five percent (5%) alcohol by weight. (ii) "Light spirituous liquor", as used in this section, does not mean hard cider;

(i) "Light spirituous liquor", as used in this section, means liquor distilled from the fermented juices of grain, fruits, or vegetables and any mixture containing liquor distilled from the fermented juices of grain, fruits, or vegetables, having an alcoholic content between five-tenths of one percent (0.5%) and five percent (5%) alcohol by weight.

(ii) "Light spirituous liquor", as used in this section, does not mean hard cider;

(4) (A) A tax at the rate of seventy-five cents (75¢) on each gallon of vinous liquor, except wines fermented and manufactured within the State of Arkansas from grapes, berries, or other fruits grown in Arkansas sold or offered for sale in the State of Arkansas. (B) (i) "Vinous liquor", as used in this section, means the fermented juices of grapes, berries, or other fruits and any other mixture containing the fermented juices of grapes, berries, or other fruits, having an alcoholic content of more than five percent (5%) alcohol by weight. (ii) "Vinous liquor", as used in this section, does not mean hard cider;

(A) A tax at the rate of seventy-five cents (75¢) on each gallon of vinous liquor, except wines fermented and manufactured within the State of Arkansas from grapes, berries, or other fruits grown in Arkansas sold or offered for sale in the State of Arkansas.

(B) (i) "Vinous liquor", as used in this section, means the fermented juices of grapes, berries, or other fruits and any other mixture containing the fermented juices of grapes, berries, or other fruits, having an alcoholic content of more than five percent (5%) alcohol by weight. (ii) "Vinous liquor", as used in this section, does not mean hard cider;

(i) "Vinous liquor", as used in this section, means the fermented juices of grapes, berries, or other fruits and any other mixture containing the fermented juices of grapes, berries, or other fruits, having an alcoholic content of more than five percent (5%) alcohol by weight.

(ii) "Vinous liquor", as used in this section, does not mean hard cider;

(5) (A) A tax at the rate of twenty-five cents (25¢) on each gallon of light wine except light wine fermented and manufactured within the State of Arkansas from grapes, berries, or other fruits grown in Arkansas, as sold or offered for sale in the State of Arkansas. (B) (i) "Light wine", as used in this section, means the fermented juices of grapes, berries, or fruits and any other mixture containing the fermented juices of grapes, berries, or fruits, having an alcoholic content of between five-tenths of one percent (0.5%) and five percent (5%) alcohol by weight. (ii) "Light wine", as used in this section, does not mean hard cider;

(A) A tax at the rate of twenty-five cents (25¢) on each gallon of light wine except light wine fermented and manufactured within the State of Arkansas from grapes, berries, or other fruits grown in Arkansas, as sold or offered for sale in the State of Arkansas.

(B) (i) "Light wine", as used in this section, means the fermented juices of grapes, berries, or fruits and any other mixture containing the fermented juices of grapes, berries, or fruits, having an alcoholic content of between five-tenths of one percent (0.5%) and five percent (5%) alcohol by weight. (ii) "Light wine", as used in this section, does not mean hard cider;

(i) "Light wine", as used in this section, means the fermented juices of grapes, berries, or fruits and any other mixture containing the fermented juices of grapes, berries, or fruits, having an alcoholic content of between five-tenths of one percent (0.5%) and five percent (5%) alcohol by weight.

(ii) "Light wine", as used in this section, does not mean hard cider;

(6) (A) A tax at the rate of seven dollars and fifty cents ($7.50) per barrel of thirty-two gallons (32 gals.), and proportionately for larger and smaller gallonages per barrel, on all beer having an alcoholic content of five percent (5%) or less by weight and hard cider sold or offered for sale in the State of Arkansas. (B) This tax shall be paid in the manner prescribed by § 3-7-401 et seq.;

(A) A tax at the rate of seven dollars and fifty cents ($7.50) per barrel of thirty-two gallons (32 gals.), and proportionately for larger and smaller gallonages per barrel, on all beer having an alcoholic content of five percent (5%) or less by weight and hard cider sold or offered for sale in the State of Arkansas.

(B) This tax shall be paid in the manner prescribed by § 3-7-401 et seq.;

(7) A tax at the rate of twenty cents (20¢) on each gallon of malt liquor sold or offered for sale in the State of Arkansas; and

(8) Mead, as defined in § 3-5-1702 , shall be taxed in the same manner as vinous liquor or light wine as provided in this section, depending on the alcohol content.

Amended by Act 2021, No. 271,§ 10, eff. 7/28/2021.

Amended by Act 2017, No. 671,§ 1, eff. 8/1/2017.

Acts 1935, No. 109, § 3, as added by Acts 1947, No. 108, § 1; 1959, No. 113, § 1; 1963, No. 196, § 1; 1969, No. 169, § 1; 1983, No. 826, § 1; 1983, No. 844, §§ 3-5; A.S.A. 1947, § 48-402, 48-402n; Acts 1987, No. 424, §§ 1-3; 1993, No. 403, § 1.
Ark. Code Ann. § 3-5-1107 — AR Code / Title 3 / Chapter 5 / Subchapter 11 / Section 3-5-1107
Prohibited acts by supplier
Status: in_force

(a) A supplier shall not do the following: (1) Fail to provide to each wholesaler of the supplier's brand or brands with a written agreement which contains, in total, the supplier's agreement with each wholesaler and designates a specific exclusive sales territory. Any agreement which is in existence on January 31, 1991, shall be renewed consistent with this subchapter, provided that this subchapter may be incorporated by reference in the agreement. Provided, however, nothing contained herein shall prevent a supplier from appointing, one (1) time for a period not to exceed ninety (90) days, a wholesaler to temporarily service a sales territory not designated to another wholesaler, until such time as a wholesaler is appointed by the supplier; and such wholesaler who is designated to service the sales territory during this period of temporary service shall not be in violation of this subchapter, and, with respect to the temporary service territory, shall not have any of the rights provided under §§ 3-5-1108 and 3-5-1111 ; (2) Fix, maintain, or establish the price at which a wholesaler shall sell any beer; (3) Enter into an additional agreement with any other wholesaler for, or to sell to any other wholesaler, the same brand or brands of beer in the same territory or any portion thereof, or to sell directly to any retailer in this state; (4) Require any wholesaler to accept delivery of any beer or other commodity which has not been ordered by the wholesaler. Provided, however, a supplier may impose reasonable inventory requirements upon a wholesaler if the requirements are made in good faith and are generally applied to other similarly situated wholesalers who have an agreement with the supplier; (5) Require any wholesaler to accept delivery of any beer or other commodity ordered by a wholesaler if the order was properly cancelled by the wholesaler in accordance with the supplier's procedures; (6) Require any wholesaler to do any illegal act or to violate any law or regulation by threatening to amend, modify, cancel, terminate, or refuse to renew any agreement existing between the supplier and wholesaler; (7) Require a wholesaler to assent to any condition, stipulation, or provision limiting the wholesaler's right to sell the brand or brands of beer of any other supplier unless the acquisition of the brand or brands of another supplier would materially impair or adversely affect the wholesaler's quality of service, sales, or ability to compete effectively in representing the brand or brands of the supplier presently being sold by the wholesaler; provided the supplier shall have the burden of proving that such acquisition of such other brand or brands would have such effect; (8) Require a wholesaler to purchase one (1) or more brands of beer products in order for the wholesaler to purchase another brand or brands of beer for any reason. Provided, however, a wholesaler that has agreed to distribute a brand or brands before January 31, 1991, shall continue to distribute the brand or brands in conformance with this subchapter; (9) Require a wholesaler to submit audited profit and loss statements, balance sheets, or financial records as a condition of renewal or continuation of an agreement; (10) Withhold delivery of beer ordered by a wholesaler, or change a wholesaler's quota of a brand or brands if the withholding or change is not made in good faith; (11) Require a wholesaler by any means directly to participate in or contribute to any local or national advertising fund controlled directly or indirectly by a supplier; (12) Take any retaliatory action against a wholesaler that files a complaint in good faith regarding an alleged violation by the supplier of federal, state, or local law or an administrative rule as a result of that complaint; (13) Require or prohibit any change in the manager or successor of any wholesaler who has been approved by the supplier as of or subsequent to January 31, 1991, unless the supplier acts in good faith. Should a wholesaler change an approved manager or successor manager, a supplier shall not require or prohibit the change unless the person selected by the wholesaler fails to meet the nondiscriminatory, material, and reasonable standards and qualifications for managers consistently applied to similarly situated wholesalers by the supplier. Provided, however, the supplier shall have the burden of proving that such person fails to meet such standards and qualifications; (14) Upon written notice of intent to transfer the wholesaler's business, interfere with, prevent, or unreasonably delay, not to exceed thirty (30) days, the transfer of the wholesaler's business if the proposed transferee is a designated member; (15) Upon written notice of intent to transfer the wholesaler's business other than to a designated member, withhold consent to or approval of, or unreasonably delay, not to exceed thirty (30) days after receipt of all material information reasonably requested, a response to a request by the wholesaler for any transfer of a wholesaler's business if the proposed transferee meets the nondiscriminatory, material, and reasonable qualifications and standards required by the supplier for similarly situated wholesalers; or (16) Restrict or inhibit the right of free association among wholesalers for any lawful purpose. (b) A successor becomes obligated under this section and under the terms and conditions of the agreement in effect on the date of succession regardless of the character or form of the succession. Amended by Act 2015, No. 857,§ 4, eff. 3/31/2015. Acts 1991, No. 8, § 3; 1991, No. 866, § 3.

(a) A supplier shall not do the following: (1) Fail to provide to each wholesaler of the supplier's brand or brands with a written agreement which contains, in total, the supplier's agreement with each wholesaler and designates a specific exclusive sales territory. Any agreement which is in existence on January 31, 1991, shall be renewed consistent with this subchapter, provided that this subchapter may be incorporated by reference in the agreement. Provided, however, nothing contained herein shall prevent a supplier from appointing, one (1) time for a period not to exceed ninety (90) days, a wholesaler to temporarily service a sales territory not designated to another wholesaler, until such time as a wholesaler is appointed by the supplier; and such wholesaler who is designated to service the sales territory during this period of temporary service shall not be in violation of this subchapter, and, with respect to the temporary service territory, shall not have any of the rights provided under §§ 3-5-1108 and 3-5-1111 ; (2) Fix, maintain, or establish the price at which a wholesaler shall sell any beer; (3) Enter into an additional agreement with any other wholesaler for, or to sell to any other wholesaler, the same brand or brands of beer in the same territory or any portion thereof, or to sell directly to any retailer in this state; (4) Require any wholesaler to accept delivery of any beer or other commodity which has not been ordered by the wholesaler. Provided, however, a supplier may impose reasonable inventory requirements upon a wholesaler if the requirements are made in good faith and are generally applied to other similarly situated wholesalers who have an agreement with the supplier; (5) Require any wholesaler to accept delivery of any beer or other commodity ordered by a wholesaler if the order was properly cancelled by the wholesaler in accordance with the supplier's procedures; (6) Require any wholesaler to do any illegal act or to violate any law or regulation by threatening to amend, modify, cancel, terminate, or refuse to renew any agreement existing between the supplier and wholesaler; (7) Require a wholesaler to assent to any condition, stipulation, or provision limiting the wholesaler's right to sell the brand or brands of beer of any other supplier unless the acquisition of the brand or brands of another supplier would materially impair or adversely affect the wholesaler's quality of service, sales, or ability to compete effectively in representing the brand or brands of the supplier presently being sold by the wholesaler; provided the supplier shall have the burden of proving that such acquisition of such other brand or brands would have such effect; (8) Require a wholesaler to purchase one (1) or more brands of beer products in order for the wholesaler to purchase another brand or brands of beer for any reason. Provided, however, a wholesaler that has agreed to distribute a brand or brands before January 31, 1991, shall continue to distribute the brand or brands in conformance with this subchapter; (9) Require a wholesaler to submit audited profit and loss statements, balance sheets, or financial records as a condition of renewal or continuation of an agreement; (10) Withhold delivery of beer ordered by a wholesaler, or change a wholesaler's quota of a brand or brands if the withholding or change is not made in good faith; (11) Require a wholesaler by any means directly to participate in or contribute to any local or national advertising fund controlled directly or indirectly by a supplier; (12) Take any retaliatory action against a wholesaler that files a complaint in good faith regarding an alleged violation by the supplier of federal, state, or local law or an administrative rule as a result of that complaint; (13) Require or prohibit any change in the manager or successor of any wholesaler who has been approved by the supplier as of or subsequent to January 31, 1991, unless the supplier acts in good faith. Should a wholesaler change an approved manager or successor manager, a supplier shall not require or prohibit the change unless the person selected by the wholesaler fails to meet the nondiscriminatory, material, and reasonable standards and qualifications for managers consistently applied to similarly situated wholesalers by the supplier. Provided, however, the supplier shall have the burden of proving that such person fails to meet such standards and qualifications; (14) Upon written notice of intent to transfer the wholesaler's business, interfere with, prevent, or unreasonably delay, not to exceed thirty (30) days, the transfer of the wholesaler's business if the proposed transferee is a designated member; (15) Upon written notice of intent to transfer the wholesaler's business other than to a designated member, withhold consent to or approval of, or unreasonably delay, not to exceed thirty (30) days after receipt of all material information reasonably requested, a response to a request by the wholesaler for any transfer of a wholesaler's business if the proposed transferee meets the nondiscriminatory, material, and reasonable qualifications and standards required by the supplier for similarly situated wholesalers; or (16) Restrict or inhibit the right of free association among wholesalers for any lawful purpose.

(1) Fail to provide to each wholesaler of the supplier's brand or brands with a written agreement which contains, in total, the supplier's agreement with each wholesaler and designates a specific exclusive sales territory. Any agreement which is in existence on January 31, 1991, shall be renewed consistent with this subchapter, provided that this subchapter may be incorporated by reference in the agreement. Provided, however, nothing contained herein shall prevent a supplier from appointing, one (1) time for a period not to exceed ninety (90) days, a wholesaler to temporarily service a sales territory not designated to another wholesaler, until such time as a wholesaler is appointed by the supplier; and such wholesaler who is designated to service the sales territory during this period of temporary service shall not be in violation of this subchapter, and, with respect to the temporary service territory, shall not have any of the rights provided under §§ 3-5-1108 and 3-5-1111 ;

(2) Fix, maintain, or establish the price at which a wholesaler shall sell any beer;

(3) Enter into an additional agreement with any other wholesaler for, or to sell to any other wholesaler, the same brand or brands of beer in the same territory or any portion thereof, or to sell directly to any retailer in this state;

(4) Require any wholesaler to accept delivery of any beer or other commodity which has not been ordered by the wholesaler. Provided, however, a supplier may impose reasonable inventory requirements upon a wholesaler if the requirements are made in good faith and are generally applied to other similarly situated wholesalers who have an agreement with the supplier;

(5) Require any wholesaler to accept delivery of any beer or other commodity ordered by a wholesaler if the order was properly cancelled by the wholesaler in accordance with the supplier's procedures;

(6) Require any wholesaler to do any illegal act or to violate any law or regulation by threatening to amend, modify, cancel, terminate, or refuse to renew any agreement existing between the supplier and wholesaler;

(7) Require a wholesaler to assent to any condition, stipulation, or provision limiting the wholesaler's right to sell the brand or brands of beer of any other supplier unless the acquisition of the brand or brands of another supplier would materially impair or adversely affect the wholesaler's quality of service, sales, or ability to compete effectively in representing the brand or brands of the supplier presently being sold by the wholesaler; provided the supplier shall have the burden of proving that such acquisition of such other brand or brands would have such effect;

(8) Require a wholesaler to purchase one (1) or more brands of beer products in order for the wholesaler to purchase another brand or brands of beer for any reason. Provided, however, a wholesaler that has agreed to distribute a brand or brands before January 31, 1991, shall continue to distribute the brand or brands in conformance with this subchapter;

(9) Require a wholesaler to submit audited profit and loss statements, balance sheets, or financial records as a condition of renewal or continuation of an agreement;

(10) Withhold delivery of beer ordered by a wholesaler, or change a wholesaler's quota of a brand or brands if the withholding or change is not made in good faith;

(11) Require a wholesaler by any means directly to participate in or contribute to any local or national advertising fund controlled directly or indirectly by a supplier;

(12) Take any retaliatory action against a wholesaler that files a complaint in good faith regarding an alleged violation by the supplier of federal, state, or local law or an administrative rule as a result of that complaint;

(13) Require or prohibit any change in the manager or successor of any wholesaler who has been approved by the supplier as of or subsequent to January 31, 1991, unless the supplier acts in good faith. Should a wholesaler change an approved manager or successor manager, a supplier shall not require or prohibit the change unless the person selected by the wholesaler fails to meet the nondiscriminatory, material, and reasonable standards and qualifications for managers consistently applied to similarly situated wholesalers by the supplier. Provided, however, the supplier shall have the burden of proving that such person fails to meet such standards and qualifications;

(14) Upon written notice of intent to transfer the wholesaler's business, interfere with, prevent, or unreasonably delay, not to exceed thirty (30) days, the transfer of the wholesaler's business if the proposed transferee is a designated member;

(15) Upon written notice of intent to transfer the wholesaler's business other than to a designated member, withhold consent to or approval of, or unreasonably delay, not to exceed thirty (30) days after receipt of all material information reasonably requested, a response to a request by the wholesaler for any transfer of a wholesaler's business if the proposed transferee meets the nondiscriminatory, material, and reasonable qualifications and standards required by the supplier for similarly situated wholesalers; or

(16) Restrict or inhibit the right of free association among wholesalers for any lawful purpose.

(b) A successor becomes obligated under this section and under the terms and conditions of the agreement in effect on the date of succession regardless of the character or form of the succession.

Amended by Act 2015, No. 857,§ 4, eff. 3/31/2015.

Acts 1991, No. 8, § 3; 1991, No. 866, § 3.
Ark. Code Ann. § 3-8-304 — AR Code / Title 3 / Chapter 8 / Subchapter 3 / Section 3-8-304
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1432,§ 4, eff. 8/16/2013. Acts 1935, No. 108, Art. 7, § 2; Pope's Dig., § 14148; A.S.A. 1947, § 48-808.

Repealed by Act 2013, No. 1432,§ 4, eff. 8/16/2013.

Acts 1935, No. 108, Art. 7, § 2; Pope's Dig., § 14148; A.S.A. 1947, § 48-808.
Ark. Code Ann. § 3-7-111 — AR Code / Title 3 / Chapter 7 / Subchapter 1 / Section 3-7-111
Additional taxes
Status: in_force

(a) (1) In addition to all other fees and taxes now imposed by law, there are levied and shall be collected the following additional fees and taxes: (A) An additional tax of five cents (5¢) per case on each case of native wine produced and sold in this state, including light wines, wine coolers, and any other mixture containing the fermented juices of grapes, berries, fruits, or vegetables regardless of the percentage of alcoholic content, the tax to be paid by the manufacturer of the wine; (B) A consumer enforcement tax of twenty-five cents (25¢) per thirty-two-gallon barrel of beer that may be passed on by the retailer to the consumer or may be absorbed by the retailer, the tax to be collected by the beer wholesalers acting as agent for the state; (C) In addition to the fee imposed for the privilege of operating a dispensary under § 3-4-604 , an additional fee of four hundred fifty dollars ($450) for the issuance of each permit; and (D) In addition to the permit fee now imposed under § 3-4-605 for the privilege of storing, transporting, and selling at wholesale spirituous, vinous, or malt liquors, an additional tax of nine thousand three hundred dollars ($9,300). (2) All additional permit fees and taxes imposed under subdivisions (a)(1)(B)-(D) of this section shall be levied and collected in the same manner as now provided by law. (3) The tax imposed by subdivision (a)(1)(A) of this section shall be reported monthly by the manufacturer on all sales made in the State of Arkansas to Arkansas wholesalers, retailers, or consumers, and the manufacturer shall remit the tax with each report. (4) All additional permit fees and taxes levied by subdivisions (a)(1)(A)-(D) of this section shall be deposited into the State Treasury as general revenues and credited to the State Apportionment Fund. These amounts shall be allocated and transferred to the various funds, fund accounts, and accounts participating in general revenues in the respective proportions to each as provided by law and shall be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq. (b) (1) There are levied and there shall be collected as provided by law and rule: (A) A tax at the rate of twenty cents (20¢) per case on liquor, cordials, liqueurs, premixed spirituous liquors, and specialties having an alcoholic content of twenty-one percent (21%) or more by weight; (B) A tax at the rate of five cents (5¢) per case on liquor, cordials, liqueurs, premixed spirituous liquors, light spirituous liquors, and specialties having an alcoholic content of less than twenty-one percent (21%) alcohol by weight; and (C) A tax at the rate of five cents (5¢) per case on sparkling and still wines, including light wines, regardless of alcoholic content. (2) These taxes shall be paid by the wholesaler and shall not be passed on by the wholesaler to the retailer or the public. These taxes shall be paid on all such merchandise sold or offered for sale in the State of Arkansas and shall be in addition to any and all other taxes heretofore or hereafter levied and collected on that merchandise. (3) All taxes, penalties, fines, and costs received by the Secretary of the Department of Finance and Administration under the provisions of this subsection shall be deposited into the State Treasury as general revenues to the credit of the State Apportionment Fund. There those amounts shall be allocated to the various funds, fund accounts, and accounts participating in general revenues in the respective proportions to each as provided by law and shall be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq. (4) Any person who violates any of the provisions of this subsection shall be guilty of a violation and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). (c) Mead, as defined in § 3-5-1702 , shall be taxed in the same manner as wine. Amended by Act 2021, No. 271,§ 11, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 3334, eff. 7/1/2019. Acts 1949, No. 282, §§ 13, 15; 1949, No. 282, § 14, as added by 1953, No. 118, § 36(B), as added by 1971, No. 585, § 12; 1953, No. 385, § 1; 1969, No. 271, § 1; 1969, No. 271, § 2, as added by 1953, No. 118, § 36(C), as added by 1971, No. 585, § 12; A.S.A. 1947, §§ 48-418, 48-419, 48-1213 -- 48-1215; Acts 1987, No. 424, §§ 7, 8; 2005, No. 1994, § 33; 2009, No. 294, § 19.

(a) (1) In addition to all other fees and taxes now imposed by law, there are levied and shall be collected the following additional fees and taxes: (A) An additional tax of five cents (5¢) per case on each case of native wine produced and sold in this state, including light wines, wine coolers, and any other mixture containing the fermented juices of grapes, berries, fruits, or vegetables regardless of the percentage of alcoholic content, the tax to be paid by the manufacturer of the wine; (B) A consumer enforcement tax of twenty-five cents (25¢) per thirty-two-gallon barrel of beer that may be passed on by the retailer to the consumer or may be absorbed by the retailer, the tax to be collected by the beer wholesalers acting as agent for the state; (C) In addition to the fee imposed for the privilege of operating a dispensary under § 3-4-604 , an additional fee of four hundred fifty dollars ($450) for the issuance of each permit; and (D) In addition to the permit fee now imposed under § 3-4-605 for the privilege of storing, transporting, and selling at wholesale spirituous, vinous, or malt liquors, an additional tax of nine thousand three hundred dollars ($9,300). (2) All additional permit fees and taxes imposed under subdivisions (a)(1)(B)-(D) of this section shall be levied and collected in the same manner as now provided by law. (3) The tax imposed by subdivision (a)(1)(A) of this section shall be reported monthly by the manufacturer on all sales made in the State of Arkansas to Arkansas wholesalers, retailers, or consumers, and the manufacturer shall remit the tax with each report. (4) All additional permit fees and taxes levied by subdivisions (a)(1)(A)-(D) of this section shall be deposited into the State Treasury as general revenues and credited to the State Apportionment Fund. These amounts shall be allocated and transferred to the various funds, fund accounts, and accounts participating in general revenues in the respective proportions to each as provided by law and shall be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq.

(1) In addition to all other fees and taxes now imposed by law, there are levied and shall be collected the following additional fees and taxes: (A) An additional tax of five cents (5¢) per case on each case of native wine produced and sold in this state, including light wines, wine coolers, and any other mixture containing the fermented juices of grapes, berries, fruits, or vegetables regardless of the percentage of alcoholic content, the tax to be paid by the manufacturer of the wine; (B) A consumer enforcement tax of twenty-five cents (25¢) per thirty-two-gallon barrel of beer that may be passed on by the retailer to the consumer or may be absorbed by the retailer, the tax to be collected by the beer wholesalers acting as agent for the state; (C) In addition to the fee imposed for the privilege of operating a dispensary under § 3-4-604 , an additional fee of four hundred fifty dollars ($450) for the issuance of each permit; and (D) In addition to the permit fee now imposed under § 3-4-605 for the privilege of storing, transporting, and selling at wholesale spirituous, vinous, or malt liquors, an additional tax of nine thousand three hundred dollars ($9,300).

(A) An additional tax of five cents (5¢) per case on each case of native wine produced and sold in this state, including light wines, wine coolers, and any other mixture containing the fermented juices of grapes, berries, fruits, or vegetables regardless of the percentage of alcoholic content, the tax to be paid by the manufacturer of the wine;

(B) A consumer enforcement tax of twenty-five cents (25¢) per thirty-two-gallon barrel of beer that may be passed on by the retailer to the consumer or may be absorbed by the retailer, the tax to be collected by the beer wholesalers acting as agent for the state;

(C) In addition to the fee imposed for the privilege of operating a dispensary under § 3-4-604 , an additional fee of four hundred fifty dollars ($450) for the issuance of each permit; and

(D) In addition to the permit fee now imposed under § 3-4-605 for the privilege of storing, transporting, and selling at wholesale spirituous, vinous, or malt liquors, an additional tax of nine thousand three hundred dollars ($9,300).

(2) All additional permit fees and taxes imposed under subdivisions (a)(1)(B)-(D) of this section shall be levied and collected in the same manner as now provided by law.

(3) The tax imposed by subdivision (a)(1)(A) of this section shall be reported monthly by the manufacturer on all sales made in the State of Arkansas to Arkansas wholesalers, retailers, or consumers, and the manufacturer shall remit the tax with each report.

(4) All additional permit fees and taxes levied by subdivisions (a)(1)(A)-(D) of this section shall be deposited into the State Treasury as general revenues and credited to the State Apportionment Fund. These amounts shall be allocated and transferred to the various funds, fund accounts, and accounts participating in general revenues in the respective proportions to each as provided by law and shall be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq.

(b) (1) There are levied and there shall be collected as provided by law and rule: (A) A tax at the rate of twenty cents (20¢) per case on liquor, cordials, liqueurs, premixed spirituous liquors, and specialties having an alcoholic content of twenty-one percent (21%) or more by weight; (B) A tax at the rate of five cents (5¢) per case on liquor, cordials, liqueurs, premixed spirituous liquors, light spirituous liquors, and specialties having an alcoholic content of less than twenty-one percent (21%) alcohol by weight; and (C) A tax at the rate of five cents (5¢) per case on sparkling and still wines, including light wines, regardless of alcoholic content. (2) These taxes shall be paid by the wholesaler and shall not be passed on by the wholesaler to the retailer or the public. These taxes shall be paid on all such merchandise sold or offered for sale in the State of Arkansas and shall be in addition to any and all other taxes heretofore or hereafter levied and collected on that merchandise. (3) All taxes, penalties, fines, and costs received by the Secretary of the Department of Finance and Administration under the provisions of this subsection shall be deposited into the State Treasury as general revenues to the credit of the State Apportionment Fund. There those amounts shall be allocated to the various funds, fund accounts, and accounts participating in general revenues in the respective proportions to each as provided by law and shall be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq. (4) Any person who violates any of the provisions of this subsection shall be guilty of a violation and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

(1) There are levied and there shall be collected as provided by law and rule: (A) A tax at the rate of twenty cents (20¢) per case on liquor, cordials, liqueurs, premixed spirituous liquors, and specialties having an alcoholic content of twenty-one percent (21%) or more by weight; (B) A tax at the rate of five cents (5¢) per case on liquor, cordials, liqueurs, premixed spirituous liquors, light spirituous liquors, and specialties having an alcoholic content of less than twenty-one percent (21%) alcohol by weight; and (C) A tax at the rate of five cents (5¢) per case on sparkling and still wines, including light wines, regardless of alcoholic content.

(A) A tax at the rate of twenty cents (20¢) per case on liquor, cordials, liqueurs, premixed spirituous liquors, and specialties having an alcoholic content of twenty-one percent (21%) or more by weight;

(B) A tax at the rate of five cents (5¢) per case on liquor, cordials, liqueurs, premixed spirituous liquors, light spirituous liquors, and specialties having an alcoholic content of less than twenty-one percent (21%) alcohol by weight; and

(C) A tax at the rate of five cents (5¢) per case on sparkling and still wines, including light wines, regardless of alcoholic content.

(2) These taxes shall be paid by the wholesaler and shall not be passed on by the wholesaler to the retailer or the public. These taxes shall be paid on all such merchandise sold or offered for sale in the State of Arkansas and shall be in addition to any and all other taxes heretofore or hereafter levied and collected on that merchandise.

(3) All taxes, penalties, fines, and costs received by the Secretary of the Department of Finance and Administration under the provisions of this subsection shall be deposited into the State Treasury as general revenues to the credit of the State Apportionment Fund. There those amounts shall be allocated to the various funds, fund accounts, and accounts participating in general revenues in the respective proportions to each as provided by law and shall be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq.

(4) Any person who violates any of the provisions of this subsection shall be guilty of a violation and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

(c) Mead, as defined in § 3-5-1702 , shall be taxed in the same manner as wine.

Amended by Act 2021, No. 271,§ 11, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 3334, eff. 7/1/2019.

Acts 1949, No. 282, §§ 13, 15; 1949, No. 282, § 14, as added by 1953, No. 118, § 36(B), as added by 1971, No. 585, § 12; 1953, No. 385, § 1; 1969, No. 271, § 1; 1969, No. 271, § 2, as added by 1953, No. 118, § 36(C), as added by 1971, No. 585, § 12; A.S.A. 1947, §§ 48-418, 48-419, 48-1213 -- 48-1215; Acts 1987, No. 424, §§ 7, 8; 2005, No. 1994, § 33; 2009, No. 294, § 19.
Ark. Code Ann. § 3-9-236 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-236
Permittees - Miscellaneous unlawful practices
Status: in_force

It shall be unlawful and constitute a Class A misdemeanor for any person holding a permit hereunder or his or her agents, servants, or employees knowingly to do any of the following acts: (1) Serve any alcoholic beverage to a person who is under twenty-one (21) years of age; (2) Serve any alcoholic beverage to an intoxicated person, to any person who is known to be insane or mentally defective, to any person who is known to habitually drink alcoholic beverages to excess, or to any person who is known to be an habitual user of narcotics or other habit-forming drugs; (3) Sell alcoholic beverages at any prohibited time; (4) Place any sign of any description on the exterior of the permitted premises indicating that alcoholic beverages are sold for consumption therein; (5) Misrepresent the brand of any alcoholic beverage sold or offered for sale; (6) Keep any alcoholic beverage otherwise than in the bottle or container in which it was purchased; (7) Refill or partly refill any bottle or container of alcoholic beverage; (8) Dilute or otherwise tamper with the contents of any bottle or container of alcoholic beverage; (9) Fail to break and destroy by the close of each business day all empty bottles or containers; (10) Remove or obliterate any label, mark, or stamp affixed to any bottle or container of alcoholic beverage offered for sale; (11) Deliver or sell the contents of any bottles or containers, the label, mark, or stamp upon which has been removed or obliterated; (12) (A) Employ any person less than twenty-one (21) years of age in the mixing or serving of alcoholic beverages. (B) Provided, that any permittee that has obtained a permit under the provisions of § 3-9-202(8) or § 3-9-202(16) may employ persons nineteen (19) years of age or older in the serving of alcoholic beverages. (C) Nothing herein shall prohibit a minor eighteen (18) years of age or older to be employed as a musician or to be employed in the preparation or serving of food or in the housekeeping department of any establishment authorized to dispense mixed drinks under this subchapter; (13) Allow any immoral, lewd, obscene, indecent, or profane conduct, language, literature, pictures, or materials on the permitted premises; (14) Consume or allow the consumption by any employee of intoxicating beverages while on duty; (15) (A) Keep on the permitted premises a slot machine or any gambling or gaming device, machine, or apparatus, except as provided in subdivisions (15)(B) and (C) of this section. (B) (i) An event held by a nonprofit organization that is exempt from taxation under 26 U.S.C. § 501(c)(3) shall be exempt from subdivision (15)(A) of this section if: (a) The nonprofit organization registers the event with the Alcoholic Beverage Control Division at least sixty (60) days before the event; (b) All proceeds of the event are for the benefit of the nonprofit organization; (c) The games in the event do not use money but may use some form of play money; (d) No cash or any other item of value is won or awarded as a prize; and (e) The event is for amusement and not for gambling purposes in violation of Arkansas law or Arkansas Constitution, Article 19, § 14. (ii) (a) This subdivision (15)(B) shall apply to only one (1) event held by a nonprofit organization during a calendar year. (b) No licensed premises shall be allowed more than ten (10) events under this subdivision (15)(B) per calendar year. (iii) (a) A violation of this subdivision (15)(B) by a nonprofit organization is a violation and is punishable by a fine of one thousand dollars ($1,000). (b) If a nonprofit organization commits a second violation of this subdivision (15)(B), the nonprofit organization shall be ineligible to sponsor an event under this subdivision (15)(B). (iv) The division may promulgate appropriate rules to carry out the intent of this subdivision (15)(B). (C) A gambling or a gaming device, machine, or apparatus under subdivision (15)(A) of this section does not include: (i) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; or (ii) A lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.; (16) Sell any alcoholic beverage unless the beverage is owned outright by the permittee; (17) (A) Employ a person to serve an alcoholic beverage who has pleaded guilty or nolo contendere to or has been found guilty of: (i) A violation of a law concerning possession, sale, manufacture, or transportation of intoxicating liquor; or (ii) A felony and is on probation or serving a suspended sentence as a result of the felony, except as provided under subdivisions (17)(B) and (C) of this section. (B) A person who has pleaded guilty or nolo contendere to or has been found guilty of a felony and who is on probation or serving a suspended sentence as a result of the felony may be employed by an on-premise permittee if: (i) The person works only in a kitchen; and (ii) Alcoholic beverages are not served out of the kitchen. (C) A person who has pleaded guilty or nolo contendere to or has been found guilty of a felony and who is not on probation or serving a suspended sentence as a result of the felony may be employed by an on-premise permittee in any capacity; (18) Violate any rule, regulation, or order of the Alcoholic Beverage Control Board; (19) Fail to report all taxes applicable to the sale of alcoholic beverages for on-premises consumption; or (20) Possess on the permitted premises or sell or dispense any alcoholic beverages upon which the federal or state taxes have not been paid. Amended by Act 2013, No. 527,§ 5A, eff. 8/16/2013. Acts 1969, No. 132, § 14; 1971, No. 467, § 1; A.S.A. 1947, § 48-1414; Acts 2003, No. 1807, § 2; 2005, No. 1170, § 1; 2005, No. 1994, § 195; 2009, No. 605, § 12; 2009, No. 606, § 12.

It shall be unlawful and constitute a Class A misdemeanor for any person holding a permit hereunder or his or her agents, servants, or employees knowingly to do any of the following acts:

(1) Serve any alcoholic beverage to a person who is under twenty-one (21) years of age;

(2) Serve any alcoholic beverage to an intoxicated person, to any person who is known to be insane or mentally defective, to any person who is known to habitually drink alcoholic beverages to excess, or to any person who is known to be an habitual user of narcotics or other habit-forming drugs;

(3) Sell alcoholic beverages at any prohibited time;

(4) Place any sign of any description on the exterior of the permitted premises indicating that alcoholic beverages are sold for consumption therein;

(5) Misrepresent the brand of any alcoholic beverage sold or offered for sale;

(6) Keep any alcoholic beverage otherwise than in the bottle or container in which it was purchased;

(7) Refill or partly refill any bottle or container of alcoholic beverage;

(8) Dilute or otherwise tamper with the contents of any bottle or container of alcoholic beverage;

(9) Fail to break and destroy by the close of each business day all empty bottles or containers;

(10) Remove or obliterate any label, mark, or stamp affixed to any bottle or container of alcoholic beverage offered for sale;

(11) Deliver or sell the contents of any bottles or containers, the label, mark, or stamp upon which has been removed or obliterated;

(12) (A) Employ any person less than twenty-one (21) years of age in the mixing or serving of alcoholic beverages. (B) Provided, that any permittee that has obtained a permit under the provisions of § 3-9-202(8) or § 3-9-202(16) may employ persons nineteen (19) years of age or older in the serving of alcoholic beverages. (C) Nothing herein shall prohibit a minor eighteen (18) years of age or older to be employed as a musician or to be employed in the preparation or serving of food or in the housekeeping department of any establishment authorized to dispense mixed drinks under this subchapter;

(A) Employ any person less than twenty-one (21) years of age in the mixing or serving of alcoholic beverages.

(B) Provided, that any permittee that has obtained a permit under the provisions of § 3-9-202(8) or § 3-9-202(16) may employ persons nineteen (19) years of age or older in the serving of alcoholic beverages.

(C) Nothing herein shall prohibit a minor eighteen (18) years of age or older to be employed as a musician or to be employed in the preparation or serving of food or in the housekeeping department of any establishment authorized to dispense mixed drinks under this subchapter;

(13) Allow any immoral, lewd, obscene, indecent, or profane conduct, language, literature, pictures, or materials on the permitted premises;

(14) Consume or allow the consumption by any employee of intoxicating beverages while on duty;

(15) (A) Keep on the permitted premises a slot machine or any gambling or gaming device, machine, or apparatus, except as provided in subdivisions (15)(B) and (C) of this section. (B) (i) An event held by a nonprofit organization that is exempt from taxation under 26 U.S.C. § 501(c)(3) shall be exempt from subdivision (15)(A) of this section if: (a) The nonprofit organization registers the event with the Alcoholic Beverage Control Division at least sixty (60) days before the event; (b) All proceeds of the event are for the benefit of the nonprofit organization; (c) The games in the event do not use money but may use some form of play money; (d) No cash or any other item of value is won or awarded as a prize; and (e) The event is for amusement and not for gambling purposes in violation of Arkansas law or Arkansas Constitution, Article 19, § 14. (ii) (a) This subdivision (15)(B) shall apply to only one (1) event held by a nonprofit organization during a calendar year. (b) No licensed premises shall be allowed more than ten (10) events under this subdivision (15)(B) per calendar year. (iii) (a) A violation of this subdivision (15)(B) by a nonprofit organization is a violation and is punishable by a fine of one thousand dollars ($1,000). (b) If a nonprofit organization commits a second violation of this subdivision (15)(B), the nonprofit organization shall be ineligible to sponsor an event under this subdivision (15)(B). (iv) The division may promulgate appropriate rules to carry out the intent of this subdivision (15)(B). (C) A gambling or a gaming device, machine, or apparatus under subdivision (15)(A) of this section does not include: (i) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; or (ii) A lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.;

(A) Keep on the permitted premises a slot machine or any gambling or gaming device, machine, or apparatus, except as provided in subdivisions (15)(B) and (C) of this section.

(B) (i) An event held by a nonprofit organization that is exempt from taxation under 26 U.S.C. § 501(c)(3) shall be exempt from subdivision (15)(A) of this section if: (a) The nonprofit organization registers the event with the Alcoholic Beverage Control Division at least sixty (60) days before the event; (b) All proceeds of the event are for the benefit of the nonprofit organization; (c) The games in the event do not use money but may use some form of play money; (d) No cash or any other item of value is won or awarded as a prize; and (e) The event is for amusement and not for gambling purposes in violation of Arkansas law or Arkansas Constitution, Article 19, § 14. (ii) (a) This subdivision (15)(B) shall apply to only one (1) event held by a nonprofit organization during a calendar year. (b) No licensed premises shall be allowed more than ten (10) events under this subdivision (15)(B) per calendar year. (iii) (a) A violation of this subdivision (15)(B) by a nonprofit organization is a violation and is punishable by a fine of one thousand dollars ($1,000). (b) If a nonprofit organization commits a second violation of this subdivision (15)(B), the nonprofit organization shall be ineligible to sponsor an event under this subdivision (15)(B). (iv) The division may promulgate appropriate rules to carry out the intent of this subdivision (15)(B).

(i) An event held by a nonprofit organization that is exempt from taxation under 26 U.S.C. § 501(c)(3) shall be exempt from subdivision (15)(A) of this section if: (a) The nonprofit organization registers the event with the Alcoholic Beverage Control Division at least sixty (60) days before the event; (b) All proceeds of the event are for the benefit of the nonprofit organization; (c) The games in the event do not use money but may use some form of play money; (d) No cash or any other item of value is won or awarded as a prize; and (e) The event is for amusement and not for gambling purposes in violation of Arkansas law or Arkansas Constitution, Article 19, § 14.

(a) The nonprofit organization registers the event with the Alcoholic Beverage Control Division at least sixty (60) days before the event;

(b) All proceeds of the event are for the benefit of the nonprofit organization;

(c) The games in the event do not use money but may use some form of play money;

(d) No cash or any other item of value is won or awarded as a prize; and

(e) The event is for amusement and not for gambling purposes in violation of Arkansas law or Arkansas Constitution, Article 19, § 14.

(ii) (a) This subdivision (15)(B) shall apply to only one (1) event held by a nonprofit organization during a calendar year. (b) No licensed premises shall be allowed more than ten (10) events under this subdivision (15)(B) per calendar year.

(a) This subdivision (15)(B) shall apply to only one (1) event held by a nonprofit organization during a calendar year.

(b) No licensed premises shall be allowed more than ten (10) events under this subdivision (15)(B) per calendar year.

(iii) (a) A violation of this subdivision (15)(B) by a nonprofit organization is a violation and is punishable by a fine of one thousand dollars ($1,000). (b) If a nonprofit organization commits a second violation of this subdivision (15)(B), the nonprofit organization shall be ineligible to sponsor an event under this subdivision (15)(B).

(a) A violation of this subdivision (15)(B) by a nonprofit organization is a violation and is punishable by a fine of one thousand dollars ($1,000).

(b) If a nonprofit organization commits a second violation of this subdivision (15)(B), the nonprofit organization shall be ineligible to sponsor an event under this subdivision (15)(B).

(iv) The division may promulgate appropriate rules to carry out the intent of this subdivision (15)(B).

(C) A gambling or a gaming device, machine, or apparatus under subdivision (15)(A) of this section does not include: (i) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; or (ii) A lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.;

(i) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; or

(ii) A lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.;

(16) Sell any alcoholic beverage unless the beverage is owned outright by the permittee;

(17) (A) Employ a person to serve an alcoholic beverage who has pleaded guilty or nolo contendere to or has been found guilty of: (i) A violation of a law concerning possession, sale, manufacture, or transportation of intoxicating liquor; or (ii) A felony and is on probation or serving a suspended sentence as a result of the felony, except as provided under subdivisions (17)(B) and (C) of this section. (B) A person who has pleaded guilty or nolo contendere to or has been found guilty of a felony and who is on probation or serving a suspended sentence as a result of the felony may be employed by an on-premise permittee if: (i) The person works only in a kitchen; and (ii) Alcoholic beverages are not served out of the kitchen. (C) A person who has pleaded guilty or nolo contendere to or has been found guilty of a felony and who is not on probation or serving a suspended sentence as a result of the felony may be employed by an on-premise permittee in any capacity;

(A) Employ a person to serve an alcoholic beverage who has pleaded guilty or nolo contendere to or has been found guilty of: (i) A violation of a law concerning possession, sale, manufacture, or transportation of intoxicating liquor; or (ii) A felony and is on probation or serving a suspended sentence as a result of the felony, except as provided under subdivisions (17)(B) and (C) of this section.

(i) A violation of a law concerning possession, sale, manufacture, or transportation of intoxicating liquor; or

(ii) A felony and is on probation or serving a suspended sentence as a result of the felony, except as provided under subdivisions (17)(B) and (C) of this section.

(B) A person who has pleaded guilty or nolo contendere to or has been found guilty of a felony and who is on probation or serving a suspended sentence as a result of the felony may be employed by an on-premise permittee if: (i) The person works only in a kitchen; and (ii) Alcoholic beverages are not served out of the kitchen.

(i) The person works only in a kitchen; and

(ii) Alcoholic beverages are not served out of the kitchen.

(C) A person who has pleaded guilty or nolo contendere to or has been found guilty of a felony and who is not on probation or serving a suspended sentence as a result of the felony may be employed by an on-premise permittee in any capacity;

(18) Violate any rule, regulation, or order of the Alcoholic Beverage Control Board;

(19) Fail to report all taxes applicable to the sale of alcoholic beverages for on-premises consumption; or

(20) Possess on the permitted premises or sell or dispense any alcoholic beverages upon which the federal or state taxes have not been paid.

Amended by Act 2013, No. 527,§ 5A, eff. 8/16/2013.

Acts 1969, No. 132, § 14; 1971, No. 467, § 1; A.S.A. 1947, § 48-1414; Acts 2003, No. 1807, § 2; 2005, No. 1170, § 1; 2005, No. 1994, § 195; 2009, No. 605, § 12; 2009, No. 606, § 12.
Ark. Code Ann. § 3-9-305 — AR Code / Title 3 / Chapter 9 / Subchapter 3 / Section 3-9-305
License applications - Qualifications
Status: in_force

(a) A license shall not be issued to a person authorizing the sale of wine or hard cider, or both, at retail for consumption on the premises with food served in any cafe or restaurant unless the person files with the Director of the Alcoholic Beverage Control Division a verified application therefor, accompanied by the fee required by law, and shall state in the application that he or she possesses the following qualifications: (1) 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; (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 any other state relating to 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 pursuant to the laws of this state or any other state to sell alcoholic liquor of any kind; (4) The applicant shall be 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 copartner, all members of the copartnership must be qualified to obtain a license; (6) (A) (i) If the applicant is a corporation, the president and directors thereof, any stockholder owning more than five percent (5%) of the stock of such corporation who is not exempted under subdivision (6)(A)(ii) of this section, and the person or persons who shall 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 the 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 Alcoholic Beverage Control Division for the sale of alcoholic beverages. (B) The requirement as to residence in the United States or citizenship of the United States shall not apply to officers, directors, and stockholders of the corporation, but the requirement shall 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; and (7) The cafe or restaurant making application for the license is primarily engaged in the business of serving foods to the public prepared for consumption on the premises and must be an established eating place within the rules promulgated by the Alcoholic Beverage Control Board as provided in § 3-9-301(6) . (b) Any misstatement or concealment of fact in the application shall be grounds for the revocation of any license issued pursuant to the application. Amended by Act 2019, No. 315,§ 107, eff. 7/24/2019. Amended by Act 2019, No. 691,§ 24, eff. 7/24/2019. Amended by Act 2013, No. 325,§ 4, eff. 8/16/2013. Acts 1965, No. 120, § 3; A.S.A. 1947, § 48-628; Acts 1989, No. 295, § 2; 1991, No. 606, § 8; 1995, No. 536, § 3; 1999, No. 948, § 2.

(a) A license shall not be issued to a person authorizing the sale of wine or hard cider, or both, at retail for consumption on the premises with food served in any cafe or restaurant unless the person files with the Director of the Alcoholic Beverage Control Division a verified application therefor, accompanied by the fee required by law, and shall state in the application that he or she possesses the following qualifications: (1) 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; (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 any other state relating to 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 pursuant to the laws of this state or any other state to sell alcoholic liquor of any kind; (4) The applicant shall be 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 copartner, all members of the copartnership must be qualified to obtain a license; (6) (A) (i) If the applicant is a corporation, the president and directors thereof, any stockholder owning more than five percent (5%) of the stock of such corporation who is not exempted under subdivision (6)(A)(ii) of this section, and the person or persons who shall 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 the 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 Alcoholic Beverage Control Division for the sale of alcoholic beverages. (B) The requirement as to residence in the United States or citizenship of the United States shall not apply to officers, directors, and stockholders of the corporation, but the requirement shall 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; and (7) The cafe or restaurant making application for the license is primarily engaged in the business of serving foods to the public prepared for consumption on the premises and must be an established eating place within the rules promulgated by the Alcoholic Beverage Control Board as provided in § 3-9-301(6) .

(1) 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;

(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 any other state relating to 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 pursuant to the laws of this state or any other state to sell alcoholic liquor of any kind;

(4) The applicant shall be 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 copartner, all members of the copartnership must be qualified to obtain a license;

(6) (A) (i) If the applicant is a corporation, the president and directors thereof, any stockholder owning more than five percent (5%) of the stock of such corporation who is not exempted under subdivision (6)(A)(ii) of this section, and the person or persons who shall 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 the 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 Alcoholic Beverage Control Division for the sale of alcoholic beverages. (B) The requirement as to residence in the United States or citizenship of the United States shall not apply to officers, directors, and stockholders of the corporation, but the requirement shall 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; and

(A) (i) If the applicant is a corporation, the president and directors thereof, any stockholder owning more than five percent (5%) of the stock of such corporation who is not exempted under subdivision (6)(A)(ii) of this section, and the person or persons who shall 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 the 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 Alcoholic Beverage Control Division for the sale of alcoholic beverages.

(i) If the applicant is a corporation, the president and directors thereof, any stockholder owning more than five percent (5%) of the stock of such corporation who is not exempted under subdivision (6)(A)(ii) of this section, and the person or persons who shall 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 the 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 Alcoholic Beverage Control 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 Alcoholic Beverage Control Division for the sale of alcoholic beverages.

(B) The requirement as to residence in the United States or citizenship of the United States shall not apply to officers, directors, and stockholders of the corporation, but the requirement shall 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; and

(7) The cafe or restaurant making application for the license is primarily engaged in the business of serving foods to the public prepared for consumption on the premises and must be an established eating place within the rules promulgated by the Alcoholic Beverage Control Board as provided in § 3-9-301(6) .

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

Amended by Act 2019, No. 315,§ 107, eff. 7/24/2019.

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

Amended by Act 2013, No. 325,§ 4, eff. 8/16/2013.

Acts 1965, No. 120, § 3; A.S.A. 1947, § 48-628; Acts 1989, No. 295, § 2; 1991, No. 606, § 8; 1995, No. 536, § 3; 1999, No. 948, § 2.
Ark. Code Ann. § 3-5-1705 — AR Code / Title 3 / Chapter 5 / Subchapter 17 / Section 3-5-1705
Direct shipment
Status: in_force

(a) A winery shall ship only a vinous liquor to a private residence. (b) A winery may only ship one (1) case of vinous liquor per consumer in any calendar quarter. (c) (1) A shipment of a vinous liquor shall have a shipping label provided by the Alcoholic Beverage Control Division affixed to the shipping package. (2) The fee for each label for a shipment shall not exceed ten dollars ($10.00). Added by Act 2013, No. 483,§ 1, eff. 8/16/2013.

(a) A winery shall ship only a vinous liquor to a private residence.

(b) A winery may only ship one (1) case of vinous liquor per consumer in any calendar quarter.

(c) (1) A shipment of a vinous liquor shall have a shipping label provided by the Alcoholic Beverage Control Division affixed to the shipping package. (2) The fee for each label for a shipment shall not exceed ten dollars ($10.00).

(1) A shipment of a vinous liquor shall have a shipping label provided by the Alcoholic Beverage Control Division affixed to the shipping package.

(2) The fee for each label for a shipment shall not exceed ten dollars ($10.00).

Added by Act 2013, No. 483,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 3-2-401 — AR Code / Title 3 / Chapter 2 / Subchapter 4 / Section 3-2-401
Purpose
Status: in_force

This subchapter is promulgated pursuant to the authority granted to the State of Arkansas pursuant to the provisions of the Twenty-First Amendment to the United States Constitution specifically for the following purposes: (1) To prevent unfair business practices, discrimination, and undue control of such wholesalers by distillers, manufacturers, importers, and producers; (2) To maintain stability and healthy competition in the alcoholic beverage industry; (3) To promote and maintain a sound and stable system of distribution of alcoholic beverages; and (4) To promote the public health, safety, and welfare. Acts 1991, No. 260, § 1.

This subchapter is promulgated pursuant to the authority granted to the State of Arkansas pursuant to the provisions of the Twenty-First Amendment to the United States Constitution specifically for the following purposes:

(1) To prevent unfair business practices, discrimination, and undue control of such wholesalers by distillers, manufacturers, importers, and producers;

(2) To maintain stability and healthy competition in the alcoholic beverage industry;

(3) To promote and maintain a sound and stable system of distribution of alcoholic beverages; and

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

Acts 1991, No. 260, § 1.
Ark. Code Ann. § 3-4-612 — AR Code / Title 3 / Chapter 4 / Subchapter 6 / Section 3-4-612
Excursion train permit - Definitions
Status: in_force

(a) As used in this section: (1) "Alcoholic beverage" means spirituous liquor, vinous liquor, small farm wine, light wine, malt liquor, and hard cider; and (2) "Excursion train" means a train made available to the public through ticket sales for scheduled dates and times for operation over a common carrier railroad or railroad authority that operates on a fixed schedule or route with a specific beginning and ending point. (b) An excursion train operator may apply to the Director of the Alcoholic Beverage Control Division for a permit to sell and serve alcoholic beverages on an excursion train operated in this state. (c) An application under this section shall be in writing and verified and shall detail information concerning the applicant for the permit and the premises to be used by the applicant as the director shall require. (d) If the director grants an application for a permit under this section, he or she shall issue the permit in a form prescribed by rule. (e) A permit under this section shall: (1) Contain a description of the excursion train to be used by the excursion train operator; and (2) Permit the applicant to sell and serve alcoholic beverages on the excursion train as authorized under this section. (f) Upon receipt of a permit under this section, an excursion train operator may: (1) Sell and serve alcoholic beverages for on-premises consumption during legal operating hours to a ticketed passenger of legal age or to an individual of legal age attending a chartered event on the excursion train; (2) Store legally purchased alcoholic beverages on the excursion train to sell and serve to customers for on-premises consumption; and (3) Store legally purchased alcoholic beverages at a separate facility as needed to meet the demand of customers. (g) An excursion train operator shall pay an annual permit fee of two hundred dollars ($200) for an excursion train permit. (h) An excursion train permit holder shall ensure that a copy of the excursion train permit issued under this section is posted in each excursion train operated by the excursion train permit holder where alcoholic beverages are sold and served. (i) An excursion train permit holder is authorized to sell and serve alcoholic beverages only when the excursion train is located in a territory that has authorized the sale of alcoholic beverages. (j) The director shall adopt rules to implement and administer this section. Added by Act 2021, No. 68,§ 2, eff. 7/28/2021.

(a) As used in this section: (1) "Alcoholic beverage" means spirituous liquor, vinous liquor, small farm wine, light wine, malt liquor, and hard cider; and (2) "Excursion train" means a train made available to the public through ticket sales for scheduled dates and times for operation over a common carrier railroad or railroad authority that operates on a fixed schedule or route with a specific beginning and ending point.

(1) "Alcoholic beverage" means spirituous liquor, vinous liquor, small farm wine, light wine, malt liquor, and hard cider; and

(2) "Excursion train" means a train made available to the public through ticket sales for scheduled dates and times for operation over a common carrier railroad or railroad authority that operates on a fixed schedule or route with a specific beginning and ending point.

(b) An excursion train operator may apply to the Director of the Alcoholic Beverage Control Division for a permit to sell and serve alcoholic beverages on an excursion train operated in this state.

(c) An application under this section shall be in writing and verified and shall detail information concerning the applicant for the permit and the premises to be used by the applicant as the director shall require.

(d) If the director grants an application for a permit under this section, he or she shall issue the permit in a form prescribed by rule.

(e) A permit under this section shall: (1) Contain a description of the excursion train to be used by the excursion train operator; and (2) Permit the applicant to sell and serve alcoholic beverages on the excursion train as authorized under this section.

(1) Contain a description of the excursion train to be used by the excursion train operator; and

(2) Permit the applicant to sell and serve alcoholic beverages on the excursion train as authorized under this section.

(f) Upon receipt of a permit under this section, an excursion train operator may: (1) Sell and serve alcoholic beverages for on-premises consumption during legal operating hours to a ticketed passenger of legal age or to an individual of legal age attending a chartered event on the excursion train; (2) Store legally purchased alcoholic beverages on the excursion train to sell and serve to customers for on-premises consumption; and (3) Store legally purchased alcoholic beverages at a separate facility as needed to meet the demand of customers.

(1) Sell and serve alcoholic beverages for on-premises consumption during legal operating hours to a ticketed passenger of legal age or to an individual of legal age attending a chartered event on the excursion train;

(2) Store legally purchased alcoholic beverages on the excursion train to sell and serve to customers for on-premises consumption; and

(3) Store legally purchased alcoholic beverages at a separate facility as needed to meet the demand of customers.

(g) An excursion train operator shall pay an annual permit fee of two hundred dollars ($200) for an excursion train permit.

(h) An excursion train permit holder shall ensure that a copy of the excursion train permit issued under this section is posted in each excursion train operated by the excursion train permit holder where alcoholic beverages are sold and served.

(i) An excursion train permit holder is authorized to sell and serve alcoholic beverages only when the excursion train is located in a territory that has authorized the sale of alcoholic beverages.

(j) The director shall adopt rules to implement and administer this section.

Added by Act 2021, No. 68,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 3-5-606 — AR Code / Title 3 / Chapter 5 / Subchapter 6 / Section 3-5-606
Importing wines for blending
Status: in_force

(a) (1) Arkansas wineries are authorized to import into Arkansas finished or unfinished wines for blending with Arkansas red or white wines. (2) The wines shall be shipped into this state and blended according to regulations as set forth in federal regulations and labeled according to federal regulations which require that the appellation of origin of "Arkansas Wines" can be used only on those wines which contain seventy-five percent (75%) Arkansas-grown grapes or other materials. (b) The Arkansas winery shall pay a tax of seventy-five cents (75¢) per gallon on all wines imported into this state if the wines are sold in Arkansas. The seventy-five-cents-per-gallon tax shall be required to be paid only on the portion of the blend not grown and produced in Arkansas. The tax on the Arkansas-grown portion of the wine blend shall be the same as now required for wines produced from Arkansas-produced fruits and vegetables. (c) The tax shall be paid in the same manner as prescribed on the twentieth day of the month of sale in Arkansas for the month preceding. (d) The Arkansas winery shall keep records as required by federal law to show the ratio of blend of Arkansas-grown wines and the amount of out-of-state wines used in the blend. (e) The Department of Finance and Administration shall establish appropriate rules for the reporting and collecting of the tax on imported wines used in such blends. (f) To facilitate differentiation of taxes to the State of Arkansas on a wine blend under the provisions of this subchapter, a copy of the blend-ratio record which identifies the wine type or class shall accompany tax remittances for shipments made for sale in Arkansas for each particular blend. (g) Records of the blends shall be preserved by a winery for a period of three (3) years from the relevant date of the record and shall be available on the premises at all times for reasonable inspection by authorized agents of the department. (h) The Arkansas winery desiring to import wines into Arkansas to be used in blending with Arkansas wines as authorized in this subchapter shall make application for a permit to be issued by the Miscellaneous Tax Section of the Office of Excise Tax Administration, to import wines in the same manner presently required for brandy. Amended by Act 2019, No. 315,§ 71, eff. 7/24/2019. Acts 1975, No. 675, § 6; A.S.A. 1947, § 48-636.

(a) (1) Arkansas wineries are authorized to import into Arkansas finished or unfinished wines for blending with Arkansas red or white wines. (2) The wines shall be shipped into this state and blended according to regulations as set forth in federal regulations and labeled according to federal regulations which require that the appellation of origin of "Arkansas Wines" can be used only on those wines which contain seventy-five percent (75%) Arkansas-grown grapes or other materials.

(1) Arkansas wineries are authorized to import into Arkansas finished or unfinished wines for blending with Arkansas red or white wines.

(2) The wines shall be shipped into this state and blended according to regulations as set forth in federal regulations and labeled according to federal regulations which require that the appellation of origin of "Arkansas Wines" can be used only on those wines which contain seventy-five percent (75%) Arkansas-grown grapes or other materials.

(b) The Arkansas winery shall pay a tax of seventy-five cents (75¢) per gallon on all wines imported into this state if the wines are sold in Arkansas. The seventy-five-cents-per-gallon tax shall be required to be paid only on the portion of the blend not grown and produced in Arkansas. The tax on the Arkansas-grown portion of the wine blend shall be the same as now required for wines produced from Arkansas-produced fruits and vegetables.

(c) The tax shall be paid in the same manner as prescribed on the twentieth day of the month of sale in Arkansas for the month preceding.

(d) The Arkansas winery shall keep records as required by federal law to show the ratio of blend of Arkansas-grown wines and the amount of out-of-state wines used in the blend.

(e) The Department of Finance and Administration shall establish appropriate rules for the reporting and collecting of the tax on imported wines used in such blends.

(f) To facilitate differentiation of taxes to the State of Arkansas on a wine blend under the provisions of this subchapter, a copy of the blend-ratio record which identifies the wine type or class shall accompany tax remittances for shipments made for sale in Arkansas for each particular blend.

(g) Records of the blends shall be preserved by a winery for a period of three (3) years from the relevant date of the record and shall be available on the premises at all times for reasonable inspection by authorized agents of the department.

(h) The Arkansas winery desiring to import wines into Arkansas to be used in blending with Arkansas wines as authorized in this subchapter shall make application for a permit to be issued by the Miscellaneous Tax Section of the Office of Excise Tax Administration, to import wines in the same manner presently required for brandy.

Amended by Act 2019, No. 315,§ 71, eff. 7/24/2019.

Acts 1975, No. 675, § 6; A.S.A. 1947, § 48-636.
Ark. Code Ann. § 3-1-101 — AR Code / Title 3 / Chapter 1 / Section 3-1-101
Title
Status: in_force

This act shall be known, and may be cited in all legal proceedings, as the "Arkansas Alcoholic Control Act". Acts 1935, No. 108, Art. 1, § 8; Pope's Dig., § 14101; A.S.A. 1947, § 48-101.

This act shall be known, and may be cited in all legal proceedings, as the "Arkansas Alcoholic Control Act".

Acts 1935, No. 108, Art. 1, § 8; Pope's Dig., § 14101; A.S.A. 1947, § 48-101.
Ark. Code Ann. § 3-7-112 — AR Code / Title 3 / Chapter 7 / Subchapter 1 / Section 3-7-112
Methods of identifying imported liquors
Status: in_force

The Department of Finance and Administration shall, by regulation, establish a method of identifying each case of spirituous liquors to be shipped into Arkansas, prior to such shipment, either by stamps affixed to the cases or by printed evidence of the destination. Acts 1975, No. 447, § 2; A.S.A. 1947, § 48-437.

The Department of Finance and Administration shall, by regulation, establish a method of identifying each case of spirituous liquors to be shipped into Arkansas, prior to such shipment, either by stamps affixed to the cases or by printed evidence of the destination.

Acts 1975, No. 447, § 2; A.S.A. 1947, § 48-437.
Ark. Code Ann. § 3-8-806 — AR Code / Title 3 / Chapter 8 / Subchapter 8 / Section 3-8-806
Form of initiative petition - Sufficiency of signatures
Status: in_force

(a) The petition for an ordinance, act, or amendment proposed by initiative shall be on substantially the following form: "PETITION FOR LOCAL OPTION ELECTION To the Honorable__________________, County Clerk or City Clerk We, the undersigned registered voters of the State of Arkansas, or __________________ County, Arkansas, or City or Incorporated Town of __________________, Arkansas, respectfully request that an election be held to determine whether licenses will be granted for the manufacture or sale or the bartering, loaning, or giving away of intoxicating liquor in the district described below, to the end that the same may be adopted, enacted, or rejected by the vote of the registered voters of said district. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of __________________ County, Arkansas, or City or Incorporated Town of __________________, Arkansas, and my printed name, date of birth, residence, city or town of residence, and date of signing this petition are correctly written after my signature. (Here insert a description of the district in which the election shall be held.)" (b) The information on the petition provided by the person may be used as evidence of the validity or invalidity of the signature. However, if a signature of a registered voter on the petition is sufficient to verify the voter's name, then it shall not be adjudged invalid for failure to sign the name or write the residence and city or town of residence exactly as it appears on voter registration records, for failure to print the name in the space provided, for failure to provide the correct date of birth, nor for failure to provide the correct date of signing the petition, all the information being an aid to verification rather than a mandatory requirement to perfect the validity of the signature. (c) No additional sheets of voter signatures shall be attached to any petition unless the sheets contain the full language of the petition. (d) (1) The signature section of the petition shall be formatted and shall contain the number of signature lines prescribed by the county clerk. (2) Before the circulation of a petition for signatures, the sponsor shall file a printed petition part with the county clerk in the exact form that will be used for obtaining signatures. Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.

(a) The petition for an ordinance, act, or amendment proposed by initiative shall be on substantially the following form: "PETITION FOR LOCAL OPTION ELECTION To the Honorable__________________, County Clerk or City Clerk We, the undersigned registered voters of the State of Arkansas, or __________________ County, Arkansas, or City or Incorporated Town of __________________, Arkansas, respectfully request that an election be held to determine whether licenses will be granted for the manufacture or sale or the bartering, loaning, or giving away of intoxicating liquor in the district described below, to the end that the same may be adopted, enacted, or rejected by the vote of the registered voters of said district. Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of __________________ County, Arkansas, or City or Incorporated Town of __________________, Arkansas, and my printed name, date of birth, residence, city or town of residence, and date of signing this petition are correctly written after my signature. (Here insert a description of the district in which the election shall be held.)"

"PETITION FOR LOCAL OPTION ELECTION

To the Honorable__________________,

County Clerk or City Clerk

We, the undersigned registered voters of the State of Arkansas, or __________________ County, Arkansas, or City or Incorporated Town of __________________, Arkansas, respectfully request that an election be held to determine whether licenses will be granted for the manufacture or sale or the bartering, loaning, or giving away of intoxicating liquor in the district described below, to the end that the same may be adopted, enacted, or rejected by the vote of the registered voters of said district. Each of us for himself or herself says:

I have personally signed this petition; I am a registered voter of __________________ County, Arkansas, or City or Incorporated Town of __________________, Arkansas, and my printed name, date of birth, residence, city or town of residence, and date of signing this petition are correctly written after my signature.

(Here insert a description of the district in which the election shall be held.)"

(b) The information on the petition provided by the person may be used as evidence of the validity or invalidity of the signature. However, if a signature of a registered voter on the petition is sufficient to verify the voter's name, then it shall not be adjudged invalid for failure to sign the name or write the residence and city or town of residence exactly as it appears on voter registration records, for failure to print the name in the space provided, for failure to provide the correct date of birth, nor for failure to provide the correct date of signing the petition, all the information being an aid to verification rather than a mandatory requirement to perfect the validity of the signature.

(c) No additional sheets of voter signatures shall be attached to any petition unless the sheets contain the full language of the petition.

(d) (1) The signature section of the petition shall be formatted and shall contain the number of signature lines prescribed by the county clerk. (2) Before the circulation of a petition for signatures, the sponsor shall file a printed petition part with the county clerk in the exact form that will be used for obtaining signatures.

(1) The signature section of the petition shall be formatted and shall contain the number of signature lines prescribed by the county clerk.

(2) Before the circulation of a petition for signatures, the sponsor shall file a printed petition part with the county clerk in the exact form that will be used for obtaining signatures.

Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.
Ark. Code Ann. § 3-3-218 — AR Code / Title 3 / Chapter 3 / Subchapter 2 / Section 3-3-218
Duty of care of privilege license holders - Enforcement
Status: in_force

(a) It is the specifically declared policy of the General Assembly that all licenses issued to establishments for the sale or dispensing of alcoholic beverages are privilege licenses, and the holder of such privilege license is to be held to a high duty of care in the operation of the licensed establishment. (b) It is the duty of every holder of an alcoholic beverage permit issued by the State of Arkansas to operate the business wherein alcoholic beverages are sold or dispensed in a manner which is in the public interest and does not endanger the public health, welfare, or safety. Failure to maintain this duty of care shall be a violation of this section and grounds for administrative sanctions being taken against the holder of the permit or permits. (c) (1) The standard of review for the Director of the Alcoholic Beverage Control Division and the Alcoholic Beverage Control Board in matters arising herein shall be: (A) Whether the permitted outlet, as it has been operated, promotes the public convenience and advantage; (B) Whether the continuation of the outlet would promote the public interest; and (C) Whether the outlet's business operation endangers the public health, welfare, or safety of the area or community in which it is located. (2) It is specifically granted to the director and the board the power to review the outlet and its operation as if it were a new application, taking into consideration all factors involved in the review of an application as initially filed before the agency. (d) (1) As to all violations occurring inside the permitted premises, the standard of proof shall be by substantial evidence. (2) As to all violations occurring outside the permitted premises, the standard of proof shall be by clear and convincing evidence. (e) The Alcoholic Beverage Control Division and its board are hereby authorized to adopt rules to implement each and every provision of this section. (f) The director and the board are empowered by this section to administer the full range of penalties available for other administrative proceedings before it, including, but not limited to, fines, suspension, cancellation, or revocation of such permits which have been found to endanger the public health, welfare, or safety. Amended by Act 2019, No. 315,§ 44, eff. 7/24/2019. Acts 1989, No. 695, § 1; 2003, No. 1756, § 1.

(a) It is the specifically declared policy of the General Assembly that all licenses issued to establishments for the sale or dispensing of alcoholic beverages are privilege licenses, and the holder of such privilege license is to be held to a high duty of care in the operation of the licensed establishment.

(b) It is the duty of every holder of an alcoholic beverage permit issued by the State of Arkansas to operate the business wherein alcoholic beverages are sold or dispensed in a manner which is in the public interest and does not endanger the public health, welfare, or safety. Failure to maintain this duty of care shall be a violation of this section and grounds for administrative sanctions being taken against the holder of the permit or permits.

(c) (1) The standard of review for the Director of the Alcoholic Beverage Control Division and the Alcoholic Beverage Control Board in matters arising herein shall be: (A) Whether the permitted outlet, as it has been operated, promotes the public convenience and advantage; (B) Whether the continuation of the outlet would promote the public interest; and (C) Whether the outlet's business operation endangers the public health, welfare, or safety of the area or community in which it is located. (2) It is specifically granted to the director and the board the power to review the outlet and its operation as if it were a new application, taking into consideration all factors involved in the review of an application as initially filed before the agency.

(1) The standard of review for the Director of the Alcoholic Beverage Control Division and the Alcoholic Beverage Control Board in matters arising herein shall be: (A) Whether the permitted outlet, as it has been operated, promotes the public convenience and advantage; (B) Whether the continuation of the outlet would promote the public interest; and (C) Whether the outlet's business operation endangers the public health, welfare, or safety of the area or community in which it is located.

(A) Whether the permitted outlet, as it has been operated, promotes the public convenience and advantage;

(B) Whether the continuation of the outlet would promote the public interest; and

(C) Whether the outlet's business operation endangers the public health, welfare, or safety of the area or community in which it is located.

(2) It is specifically granted to the director and the board the power to review the outlet and its operation as if it were a new application, taking into consideration all factors involved in the review of an application as initially filed before the agency.

(d) (1) As to all violations occurring inside the permitted premises, the standard of proof shall be by substantial evidence. (2) As to all violations occurring outside the permitted premises, the standard of proof shall be by clear and convincing evidence.

(1) As to all violations occurring inside the permitted premises, the standard of proof shall be by substantial evidence.

(2) As to all violations occurring outside the permitted premises, the standard of proof shall be by clear and convincing evidence.

(e) The Alcoholic Beverage Control Division and its board are hereby authorized to adopt rules to implement each and every provision of this section.

(f) The director and the board are empowered by this section to administer the full range of penalties available for other administrative proceedings before it, including, but not limited to, fines, suspension, cancellation, or revocation of such permits which have been found to endanger the public health, welfare, or safety.

Amended by Act 2019, No. 315,§ 44, eff. 7/24/2019.

Acts 1989, No. 695, § 1; 2003, No. 1756, § 1.
Ark. Code Ann. § 3-5-105 — AR Code / Title 3 / Chapter 5 / Subchapter 1 / Section 3-5-105
Beer festival permit
Status: in_force

(a) (1) The Director of the Alcoholic Beverage Control Division may issue a temporary permit to authorize the following: (A) A festival to be conducted over a period not to exceed three (3) days; (B) The consumption by persons of legal age of beer and malt beverages, as defined by § 3-5-1202 , and hard cider on the festival grounds; (C) The permittee to charge an entry fee for persons wishing to attend the festival and to distribute beer, malt beverages, and hard cider on any day of the week, including Sunday, as provided for in this section, pursuant to the following conditions: (i) The distribution of beer, malt beverages, and hard cider, as authorized in this section, shall be limited to the secure area as prescribed in subdivision (a)(1)(D) of this section; and (ii) The distribution of beer, malt beverages, and hard cider on Sunday, as authorized in this section, shall be limited to the hours between 12:00 noon and 10:00 p.m. central time and be limited to those areas where the retail sale and consumption of alcoholic beverages on Sunday has been approved pursuant to Arkansas law; (D) The festival permittee to designate the permitted area on the festival grounds to be approved by the director, such that it is a secure area which will not allow unsupervised access and egress; and (E) Participation in this event by any legal brewery, microbrewery, microbrewery-restaurant, distributor, wholesaler, brewpub, small brewery, hard cider manufacturer, or small brewery tap room, whether or not it is currently registered or its product is licensed in the State of Arkansas. (2) (A) The director shall not issue this permit if the proposed location is in a dry area. (B) The director may issue this permit only to a charitable or nonprofit organization as provided for by the Alcoholic Beverage Control Board, except that this permit may not be issued to a charitable or nonprofit organization holding a private club license. (3) The permittee shall maintain the permit in conjunction with any other legally obtained permit. (b) (1) The permittee shall provide to the board no later than one (1) week prior to the event a complete listing of those nonlicensed participants and the products they will be providing. The list shall include proof of delivery, such as an invoice, from the participant which will denote such product or products being provided to the festival. (2) The permittee may reimburse participants, if so desired, for the cost of the product provided for the licensed event. (3) (A) The permittee shall designate one (1) wholesale distributor currently licensed in Arkansas to act as a temporary warehouse for those nonlicensed products to be stored prior to or following the event. (B) Those products shall be stored for a period not to exceed one (1) week prior to and following the event. (C) The designated wholesaler shall not be in violation of § 3-3-216 , § 3-5-221 , § 3-5-1307 , or § 3-7-104 . (4) (A) The designated wholesaler shall pay the Miscellaneous Tax Section of the Office of Excise Tax Administration a wholesalers tax of $7.507808 per barrel equal to thirty-one gallons (31 gals.) for each barrel of beer, malt beverage, or hard cider provided for this festival by any participant whose product is not currently licensed or registered in the State of Arkansas. (B) This tax shall be paid in conjunction with the currently required miscellaneous tax and shall be paid by the same means as are currently required in the normal course of paying the miscellaneous tax. (C) The designated wholesaler shall be reimbursed for this tax by the permittee and may collect a handling fee for services rendered in warehousing such nonlicensed product for this festival. (c) Neither the participants in this event nor their products need be registered under § 3-2-409 , § 3-5-1303 , or § 3-7-106 , nor shall they be in violation of § 3-3-216 , § 3-3-304 [repealed], § 3-3-305 [repealed], § 3-5-205 , § 3-5-210 , § 3-5-211 , § 3-5-216 , § 3-5-217 , or § 3-5-221 for this event only. (d) The festival participants and attendees while on the festival grounds shall not be found to be in violation of § 5-71-212(c) or (d) regarding public consumption. This does not exclude any participant or attendee from being found in violation of § 5-71-212(a) or (b) regarding public intoxication. (e) The permittee shall pay to the board a fee of two hundred fifty dollars ($250) per event for a temporary permit under this section. (f) Every provision of this section shall be subject to all beer, malt beverage, and hard cider laws and rules, except that conflicting beer, malt beverage, and hard cider laws and rules shall be inapplicable to any provision of this section to the extent that they conflict herewith. (g) A small brewery holding a distribution permit and a beer festival permit may accept and hold beers from out-of-state breweries and distributors for the purpose of pouring at beer festivals. Amended by Act 2019, No. 315,§ 60, eff. 7/24/2019. Amended by Act 2019, No. 691,§ 15, eff. 7/24/2019. Amended by Act 2019, No. 691,§ 14, eff. 7/24/2019. Amended by Act 2019, No. 691,§ 13, eff. 7/24/2019. Amended by Act 2017, No. 950,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 950,§ 1, eff. 8/1/2017. Acts 1999, No. 1065, § 1; 2009, No. 294, § 12.

(a) (1) The Director of the Alcoholic Beverage Control Division may issue a temporary permit to authorize the following: (A) A festival to be conducted over a period not to exceed three (3) days; (B) The consumption by persons of legal age of beer and malt beverages, as defined by § 3-5-1202 , and hard cider on the festival grounds; (C) The permittee to charge an entry fee for persons wishing to attend the festival and to distribute beer, malt beverages, and hard cider on any day of the week, including Sunday, as provided for in this section, pursuant to the following conditions: (i) The distribution of beer, malt beverages, and hard cider, as authorized in this section, shall be limited to the secure area as prescribed in subdivision (a)(1)(D) of this section; and (ii) The distribution of beer, malt beverages, and hard cider on Sunday, as authorized in this section, shall be limited to the hours between 12:00 noon and 10:00 p.m. central time and be limited to those areas where the retail sale and consumption of alcoholic beverages on Sunday has been approved pursuant to Arkansas law; (D) The festival permittee to designate the permitted area on the festival grounds to be approved by the director, such that it is a secure area which will not allow unsupervised access and egress; and (E) Participation in this event by any legal brewery, microbrewery, microbrewery-restaurant, distributor, wholesaler, brewpub, small brewery, hard cider manufacturer, or small brewery tap room, whether or not it is currently registered or its product is licensed in the State of Arkansas. (2) (A) The director shall not issue this permit if the proposed location is in a dry area. (B) The director may issue this permit only to a charitable or nonprofit organization as provided for by the Alcoholic Beverage Control Board, except that this permit may not be issued to a charitable or nonprofit organization holding a private club license. (3) The permittee shall maintain the permit in conjunction with any other legally obtained permit.

(1) The Director of the Alcoholic Beverage Control Division may issue a temporary permit to authorize the following: (A) A festival to be conducted over a period not to exceed three (3) days; (B) The consumption by persons of legal age of beer and malt beverages, as defined by § 3-5-1202 , and hard cider on the festival grounds; (C) The permittee to charge an entry fee for persons wishing to attend the festival and to distribute beer, malt beverages, and hard cider on any day of the week, including Sunday, as provided for in this section, pursuant to the following conditions: (i) The distribution of beer, malt beverages, and hard cider, as authorized in this section, shall be limited to the secure area as prescribed in subdivision (a)(1)(D) of this section; and (ii) The distribution of beer, malt beverages, and hard cider on Sunday, as authorized in this section, shall be limited to the hours between 12:00 noon and 10:00 p.m. central time and be limited to those areas where the retail sale and consumption of alcoholic beverages on Sunday has been approved pursuant to Arkansas law; (D) The festival permittee to designate the permitted area on the festival grounds to be approved by the director, such that it is a secure area which will not allow unsupervised access and egress; and (E) Participation in this event by any legal brewery, microbrewery, microbrewery-restaurant, distributor, wholesaler, brewpub, small brewery, hard cider manufacturer, or small brewery tap room, whether or not it is currently registered or its product is licensed in the State of Arkansas.

(A) A festival to be conducted over a period not to exceed three (3) days;

(B) The consumption by persons of legal age of beer and malt beverages, as defined by § 3-5-1202 , and hard cider on the festival grounds;

(C) The permittee to charge an entry fee for persons wishing to attend the festival and to distribute beer, malt beverages, and hard cider on any day of the week, including Sunday, as provided for in this section, pursuant to the following conditions: (i) The distribution of beer, malt beverages, and hard cider, as authorized in this section, shall be limited to the secure area as prescribed in subdivision (a)(1)(D) of this section; and (ii) The distribution of beer, malt beverages, and hard cider on Sunday, as authorized in this section, shall be limited to the hours between 12:00 noon and 10:00 p.m. central time and be limited to those areas where the retail sale and consumption of alcoholic beverages on Sunday has been approved pursuant to Arkansas law;

(i) The distribution of beer, malt beverages, and hard cider, as authorized in this section, shall be limited to the secure area as prescribed in subdivision (a)(1)(D) of this section; and

(ii) The distribution of beer, malt beverages, and hard cider on Sunday, as authorized in this section, shall be limited to the hours between 12:00 noon and 10:00 p.m. central time and be limited to those areas where the retail sale and consumption of alcoholic beverages on Sunday has been approved pursuant to Arkansas law;

(D) The festival permittee to designate the permitted area on the festival grounds to be approved by the director, such that it is a secure area which will not allow unsupervised access and egress; and

(E) Participation in this event by any legal brewery, microbrewery, microbrewery-restaurant, distributor, wholesaler, brewpub, small brewery, hard cider manufacturer, or small brewery tap room, whether or not it is currently registered or its product is licensed in the State of Arkansas.

(2) (A) The director shall not issue this permit if the proposed location is in a dry area. (B) The director may issue this permit only to a charitable or nonprofit organization as provided for by the Alcoholic Beverage Control Board, except that this permit may not be issued to a charitable or nonprofit organization holding a private club license.

(A) The director shall not issue this permit if the proposed location is in a dry area.

(B) The director may issue this permit only to a charitable or nonprofit organization as provided for by the Alcoholic Beverage Control Board, except that this permit may not be issued to a charitable or nonprofit organization holding a private club license.

(3) The permittee shall maintain the permit in conjunction with any other legally obtained permit.

(b) (1) The permittee shall provide to the board no later than one (1) week prior to the event a complete listing of those nonlicensed participants and the products they will be providing. The list shall include proof of delivery, such as an invoice, from the participant which will denote such product or products being provided to the festival. (2) The permittee may reimburse participants, if so desired, for the cost of the product provided for the licensed event. (3) (A) The permittee shall designate one (1) wholesale distributor currently licensed in Arkansas to act as a temporary warehouse for those nonlicensed products to be stored prior to or following the event. (B) Those products shall be stored for a period not to exceed one (1) week prior to and following the event. (C) The designated wholesaler shall not be in violation of § 3-3-216 , § 3-5-221 , § 3-5-1307 , or § 3-7-104 . (4) (A) The designated wholesaler shall pay the Miscellaneous Tax Section of the Office of Excise Tax Administration a wholesalers tax of $7.507808 per barrel equal to thirty-one gallons (31 gals.) for each barrel of beer, malt beverage, or hard cider provided for this festival by any participant whose product is not currently licensed or registered in the State of Arkansas. (B) This tax shall be paid in conjunction with the currently required miscellaneous tax and shall be paid by the same means as are currently required in the normal course of paying the miscellaneous tax. (C) The designated wholesaler shall be reimbursed for this tax by the permittee and may collect a handling fee for services rendered in warehousing such nonlicensed product for this festival.

(1) The permittee shall provide to the board no later than one (1) week prior to the event a complete listing of those nonlicensed participants and the products they will be providing. The list shall include proof of delivery, such as an invoice, from the participant which will denote such product or products being provided to the festival.

(2) The permittee may reimburse participants, if so desired, for the cost of the product provided for the licensed event.

(3) (A) The permittee shall designate one (1) wholesale distributor currently licensed in Arkansas to act as a temporary warehouse for those nonlicensed products to be stored prior to or following the event. (B) Those products shall be stored for a period not to exceed one (1) week prior to and following the event. (C) The designated wholesaler shall not be in violation of § 3-3-216 , § 3-5-221 , § 3-5-1307 , or § 3-7-104 .

(A) The permittee shall designate one (1) wholesale distributor currently licensed in Arkansas to act as a temporary warehouse for those nonlicensed products to be stored prior to or following the event.

(B) Those products shall be stored for a period not to exceed one (1) week prior to and following the event.

(C) The designated wholesaler shall not be in violation of § 3-3-216 , § 3-5-221 , § 3-5-1307 , or § 3-7-104 .

(4) (A) The designated wholesaler shall pay the Miscellaneous Tax Section of the Office of Excise Tax Administration a wholesalers tax of $7.507808 per barrel equal to thirty-one gallons (31 gals.) for each barrel of beer, malt beverage, or hard cider provided for this festival by any participant whose product is not currently licensed or registered in the State of Arkansas. (B) This tax shall be paid in conjunction with the currently required miscellaneous tax and shall be paid by the same means as are currently required in the normal course of paying the miscellaneous tax. (C) The designated wholesaler shall be reimbursed for this tax by the permittee and may collect a handling fee for services rendered in warehousing such nonlicensed product for this festival.

(A) The designated wholesaler shall pay the Miscellaneous Tax Section of the Office of Excise Tax Administration a wholesalers tax of $7.507808 per barrel equal to thirty-one gallons (31 gals.) for each barrel of beer, malt beverage, or hard cider provided for this festival by any participant whose product is not currently licensed or registered in the State of Arkansas.

(B) This tax shall be paid in conjunction with the currently required miscellaneous tax and shall be paid by the same means as are currently required in the normal course of paying the miscellaneous tax.

(C) The designated wholesaler shall be reimbursed for this tax by the permittee and may collect a handling fee for services rendered in warehousing such nonlicensed product for this festival.

(c) Neither the participants in this event nor their products need be registered under § 3-2-409 , § 3-5-1303 , or § 3-7-106 , nor shall they be in violation of § 3-3-216 , § 3-3-304 [repealed], § 3-3-305 [repealed], § 3-5-205 , § 3-5-210 , § 3-5-211 , § 3-5-216 , § 3-5-217 , or § 3-5-221 for this event only.

(d) The festival participants and attendees while on the festival grounds shall not be found to be in violation of § 5-71-212(c) or (d) regarding public consumption. This does not exclude any participant or attendee from being found in violation of § 5-71-212(a) or (b) regarding public intoxication.

(e) The permittee shall pay to the board a fee of two hundred fifty dollars ($250) per event for a temporary permit under this section.

(f) Every provision of this section shall be subject to all beer, malt beverage, and hard cider laws and rules, except that conflicting beer, malt beverage, and hard cider laws and rules shall be inapplicable to any provision of this section to the extent that they conflict herewith.

(g) A small brewery holding a distribution permit and a beer festival permit may accept and hold beers from out-of-state breweries and distributors for the purpose of pouring at beer festivals.

Amended by Act 2019, No. 315,§ 60, eff. 7/24/2019.

Amended by Act 2019, No. 691,§ 15, eff. 7/24/2019.

Amended by Act 2019, No. 691,§ 14, eff. 7/24/2019.

Amended by Act 2019, No. 691,§ 13, eff. 7/24/2019.

Amended by Act 2017, No. 950,§ 2, eff. 8/1/2017.

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

Acts 1999, No. 1065, § 1; 2009, No. 294, § 12.
Ark. Code Ann. § 3-5-206 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-206
Issuance of state permit
Status: in_force

(a) The payment of the special tax provided in § 3-5-205 shall be evidenced by a permit issued by the Director of the Alcoholic Beverage Control Division. (b) A permit shall be applied for by the special taxpayer and issued by the director on such forms and under such rules as may be prescribed. Amended by Act 2019, No. 315,§ 63, eff. 7/24/2019. Acts 1933 (1st Ex. Sess.), No. 7, § 4; Pope's Dig., § 14196; Acts 1953, No. 372, § 1; 1957, No. 375, § 1, as added by 1953, No. 118, § 36(F), as added by 1971, No. 585, § 12; A.S.A. 1947, § 48-504.

(a) The payment of the special tax provided in § 3-5-205 shall be evidenced by a permit issued by the Director of the Alcoholic Beverage Control Division.

(b) A permit shall be applied for by the special taxpayer and issued by the director on such forms and under such rules as may be prescribed.

Amended by Act 2019, No. 315,§ 63, eff. 7/24/2019.

Acts 1933 (1st Ex. Sess.), No. 7, § 4; Pope's Dig., § 14196; Acts 1953, No. 372, § 1; 1957, No. 375, § 1, as added by 1953, No. 118, § 36(F), as added by 1971, No. 585, § 12; A.S.A. 1947, § 48-504.
Ark. Code Ann. § 3-7-506 — AR Code / Title 3 / Chapter 7 / Subchapter 5 / Section 3-7-506
Native wines
Status: in_force

(a) All producers and manufacturers of native Arkansas wine shall report monthly on all sales made in Arkansas to Arkansas wholesalers, retailers, or consumers and shall remit the gallonage tax provided by law with the report. However, wine manufactured in Arkansas for export from the state shall not be subject to the gallonage tax upon domestic wine. (b) It shall not be necessary for producers or manufacturers to affix a tax stamp to individual bottles or containers, but they must indicate on the manufacturer's label on each bottle or container in an appropriate manner that the gallonage tax thereon has been paid. (c) All such gallonage tax shall continue to be general revenues and shall be deposited into the State Treasury and shall be credited to the respective funds and used for the respective purposes provided in the Revenue Stabilization Law, § 19-5-101 et seq. Acts 1969, No. 271, §§ 3, 4; A.S.A. 1947, §§ 48-420, 48-421.

(a) All producers and manufacturers of native Arkansas wine shall report monthly on all sales made in Arkansas to Arkansas wholesalers, retailers, or consumers and shall remit the gallonage tax provided by law with the report. However, wine manufactured in Arkansas for export from the state shall not be subject to the gallonage tax upon domestic wine.

(b) It shall not be necessary for producers or manufacturers to affix a tax stamp to individual bottles or containers, but they must indicate on the manufacturer's label on each bottle or container in an appropriate manner that the gallonage tax thereon has been paid.

(c) All such gallonage tax shall continue to be general revenues and shall be deposited into the State Treasury and shall be credited to the respective funds and used for the respective purposes provided in the Revenue Stabilization Law, § 19-5-101 et seq.

Acts 1969, No. 271, §§ 3, 4; A.S.A. 1947, §§ 48-420, 48-421.
Ark. Code Ann. § 3-4-403 — AR Code / Title 3 / Chapter 4 / Subchapter 4 / Section 3-4-403
Class A permit violations
Status: in_force

The following acts on the part of any permittee are Class A permit violations: (1) Failure to furnish access to premises by any law enforcement officer or any authorized Alcoholic Beverage Control Division personnel or failure to cooperate or take reasonable action to assist any such law enforcement officers or authorized division personnel who are on the permitted premises in the performance of their duties; (2) Failure to allow inspection of books or records; (3) Posting permit on unauthorized premises; (4) Manufacture or possession of controlled beverage with excess alcoholic content; (5) Sale by a manufacturer to other than a wholesaler. Provided, sales authorized by any law of the state relating to native wines shall not constitute a violation; (6) Sale by a wholesaler to other than a retailer; (7) Ownership or other interest in retail outlet by a manufacturer or a wholesaler. Provided, that such ownership or other interest authorized by any law of this state relating to native wines shall not be a violation; (8) Unauthorized gift or service to retailers by a manufacturer or a wholesaler; (9) Use of post-dated checks for payment of controlled beverages and merchandise; (10) Wholesaler making delivery to a consumer; (11) The permittee possessed or knew or reasonably should have known that any agent or employee or patron of the establishment possessed on the permitted premises any illegal drug or narcotic or controlled substance or that any agent or employee while acting on the permittee's behalf knowingly allowed the possession on the permitted premises of any illegal drug or narcotic or controlled substance; (12) Selling or allowing the consumption of alcoholic beverages on the permitted premises when the permit is suspended or on inactive status; (13) Selling to minors; (14) Unauthorized employment of a minor; (15) (A) Disorderly conduct or a breach of the peace by a patron or employee on the permitted premises. (B) As used in subdivision (15)(A) of this section, "disorderly conduct" includes without limitation a fight, brawl, or disturbance that results in bodily injury to a person on the permitted premises; (16) Violation of § 3-3-218 ; (17) Selling to an intoxicated person; (18) Unauthorized manufacturing, selling, offering, dispensing, or giving away of controlled beverages; (19) (A) Conducting or permitting gambling on premises. (B) Conducting or permitting gambling under subdivision (19)(A) of this section does not include: (i) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; or (ii) A lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.; (20) Violation of legal closing hours; and (21) (A) Possession of a weapon on the permitted premises by a person without a possessory or proprietary interest in the permitted premises. (B) When the permitted premises is a retail liquor store that sells alcoholic beverages for off-premises consumption, an employee of the retail liquor store that is licensed to carry a concealed handgun by the state may possess a handgun on the permitted premises if the possession of the handgun is permitted under state law. Amended by Act 2013, No. 760,§ 1, eff. 8/16/2013. Acts 1981, No. 790, § 2; A.S.A. 1947, § 48-346; Acts 1991, No. 605, § 1; 1993, No. 172, § 2; 2009, No. 294, § 4; 2009, No. 605, § 9; 2009, No. 606, § 9.

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

(1) Failure to furnish access to premises by any law enforcement officer or any authorized Alcoholic Beverage Control Division personnel or failure to cooperate or take reasonable action to assist any such law enforcement officers or authorized division personnel who are on the permitted premises in the performance of their duties;

(2) Failure to allow inspection of books or records;

(3) Posting permit on unauthorized premises;

(4) Manufacture or possession of controlled beverage with excess alcoholic content;

(5) Sale by a manufacturer to other than a wholesaler. Provided, sales authorized by any law of the state relating to native wines shall not constitute a violation;

(6) Sale by a wholesaler to other than a retailer;

(7) Ownership or other interest in retail outlet by a manufacturer or a wholesaler. Provided, that such ownership or other interest authorized by any law of this state relating to native wines shall not be a violation;

(8) Unauthorized gift or service to retailers by a manufacturer or a wholesaler;

(9) Use of post-dated checks for payment of controlled beverages and merchandise;

(10) Wholesaler making delivery to a consumer;

(11) The permittee possessed or knew or reasonably should have known that any agent or employee or patron of the establishment possessed on the permitted premises any illegal drug or narcotic or controlled substance or that any agent or employee while acting on the permittee's behalf knowingly allowed the possession on the permitted premises of any illegal drug or narcotic or controlled substance;

(12) Selling or allowing the consumption of alcoholic beverages on the permitted premises when the permit is suspended or on inactive status;

(13) Selling to minors;

(14) Unauthorized employment of a minor;

(15) (A) Disorderly conduct or a breach of the peace by a patron or employee on the permitted premises. (B) As used in subdivision (15)(A) of this section, "disorderly conduct" includes without limitation a fight, brawl, or disturbance that results in bodily injury to a person on the permitted premises;

(A) Disorderly conduct or a breach of the peace by a patron or employee on the permitted premises.

(B) As used in subdivision (15)(A) of this section, "disorderly conduct" includes without limitation a fight, brawl, or disturbance that results in bodily injury to a person on the permitted premises;

(16) Violation of § 3-3-218 ;

(17) Selling to an intoxicated person;

(18) Unauthorized manufacturing, selling, offering, dispensing, or giving away of controlled beverages;

(19) (A) Conducting or permitting gambling on premises. (B) Conducting or permitting gambling under subdivision (19)(A) of this section does not include: (i) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; or (ii) A lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.;

(A) Conducting or permitting gambling on premises.

(B) Conducting or permitting gambling under subdivision (19)(A) of this section does not include: (i) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; or (ii) A lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.;

(i) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; or

(ii) A lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.;

(20) Violation of legal closing hours; and

(21) (A) Possession of a weapon on the permitted premises by a person without a possessory or proprietary interest in the permitted premises. (B) When the permitted premises is a retail liquor store that sells alcoholic beverages for off-premises consumption, an employee of the retail liquor store that is licensed to carry a concealed handgun by the state may possess a handgun on the permitted premises if the possession of the handgun is permitted under state law.

(A) Possession of a weapon on the permitted premises by a person without a possessory or proprietary interest in the permitted premises.

(B) When the permitted premises is a retail liquor store that sells alcoholic beverages for off-premises consumption, an employee of the retail liquor store that is licensed to carry a concealed handgun by the state may possess a handgun on the permitted premises if the possession of the handgun is permitted under state law.

Amended by Act 2013, No. 760,§ 1, eff. 8/16/2013.

Acts 1981, No. 790, § 2; A.S.A. 1947, § 48-346; Acts 1991, No. 605, § 1; 1993, No. 172, § 2; 2009, No. 294, § 4; 2009, No. 605, § 9; 2009, No. 606, § 9.
Ark. Code Ann. § 3-7-107 — AR Code / Title 3 / Chapter 7 / Subchapter 1 / Section 3-7-107
Enforcement of rules
Status: in_force

(a) Sections 3-7-101 - 3-7-104 and 3-7-106 - 3-7-110 shall be administered and enforced by the Director of the Alcoholic Beverage Control Division and the Secretary of the Department of Finance and Administration. (b) The director and the secretary are authorized and directed to issue permits as provided for in §§ 3-7-101 - 3-7-104 and 3-7-106 - 3-7-110 , for the manufacture, sale, and transportation of distilled spirits and to enforce the license tax provisions of §§ 3-7-101 - 3-7-104 and 3-7-106 - 3-7-110 and the collection of the license taxes imposed hereby and to promulgate reasonable rules for those purposes. Amended by Act 2019, No. 315,§ 87, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3332, eff. 7/1/2019. Acts 1935, No. 109, § 8; Pope's Dig., § 14180; A.S.A. 1947, § 48-406.

(a) Sections 3-7-101 - 3-7-104 and 3-7-106 - 3-7-110 shall be administered and enforced by the Director of the Alcoholic Beverage Control Division and the Secretary of the Department of Finance and Administration.

(b) The director and the secretary are authorized and directed to issue permits as provided for in §§ 3-7-101 - 3-7-104 and 3-7-106 - 3-7-110 , for the manufacture, sale, and transportation of distilled spirits and to enforce the license tax provisions of §§ 3-7-101 - 3-7-104 and 3-7-106 - 3-7-110 and the collection of the license taxes imposed hereby and to promulgate reasonable rules for those purposes.

Amended by Act 2019, No. 315,§ 87, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3332, eff. 7/1/2019.

Acts 1935, No. 109, § 8; Pope's Dig., § 14180; A.S.A. 1947, § 48-406.
Ark. Code Ann. § 3-5-1102 — AR Code / Title 3 / Chapter 5 / Subchapter 11 / Section 3-5-1102
Definitions
Status: in_force

(a) The following words or phrases, or the plural thereof, whenever they appear in this subchapter shall have, unless the context clearly requires otherwise, the meanings ascribed to them in this section: (1) "Agreement" means any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of beer sold by a supplier; (2) "Ancillary business" means: (A) A business owned by the wholesaler, by a substantial stockholder of a wholesaler, or by a substantial partner of a wholesaler the primary business of which is directly related to the transporting, storing, or marketing of the brand or brands of beer of a supplier with whom the wholesaler has an agreement; or (B) A business owned by a wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler which recycles empty beverage containers of the supplier; (3) "Beer" includes light wine and shall carry the same definitions as set forth in § 3-5-202(1) and (7) ; (4) "Designated member" means and includes: (A) The spouse, child, grandchild, parent, brother, or sister of a deceased individual who owned an interest, including a controlling interest, in a wholesaler; (B) Any person who inherits under the deceased individual's will or under the laws of intestate succession of this state; (C) Any person or entity which has through a valid testamentary device by the deceased individual succeeded the deceased individual's ownership interest in the wholesaler pursuant to a written contract or instrument which has been previously approved by a supplier; (D) The appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an ownership interest in a wholesaler; and (E) The person appointed by a court as the guardian or conservator of the property of an incapacitated individual owning an ownership interest in a wholesaler; (5) "Director" means the Director of the Alcoholic Beverage Control Division; (6) "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted under the Uniform Commercial Code, § 4-1-101 et seq.; (7) "Reasonable qualifications" means the standard of the reasonable criteria established and consistently used by the respective supplier for similarly situated wholesalers that entered into, continued, or renewed an agreement with the supplier during a period of twenty-four (24) months prior to the proposed transfer of the wholesaler's business, or for similarly situated wholesalers who have changed managers or designated managers during a period of twenty-four (24) months prior to the proposed change in the manager or successor manager of the wholesaler's business; (8) "Retaliatory action" means the refusal to continue an agreement, or a material reduction in the quality of service or quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith; (9) "Sales territory" means an area of exclusive sales responsibility for the brand or brands of beer sold by a supplier as designated by an agreement; (10) "Similarly situated wholesalers" means wholesalers of a supplier that are of a generally comparable size, and operate in markets with similar demographic characteristics, including population size, density, distribution, and vital statistics, as well as reasonably similar economic and geographic conditions; (11) "Substantial stockholder or substantial partner" means a stockholder of or partner in the wholesaler who owns an interest of ten percent (10%) or more of the partnership or of the capital stock of a corporate wholesaler; (12) "Successor" means a person who replaces a supplier with regard to the right to manufacture, sell, or import beer; (13) "Supplier" means a manufacturer or importer of beer and light wine brands as registered with the director; (14) "Transfer of wholesaler's business" means the voluntary sale, assignment, or other transfer of ten percent (10%) or more or control of the business or all or substantially all of the assets of the wholesaler, or ten percent (10%) or more or control of the capital stock of the wholesaler, including, without limitation, the sale or other transfer of capital stock or assets by merger, consolidation, or dissolution, or of the capital stock of the parent corporation, or of the capital stock or beneficial ownership of any other entity owning or controlling the wholesaler; and (15) "Wholesaler" means a wholesaler of beer and light wine as licensed by the Alcoholic Beverage Control Board and as defined in § 3-5-202(12) . (b) Other words and phrases used in this subchapter shall have the meanings ascribed to them in §§ 3-1-102 and 3-5-202 , as amended, and any acts amendatory thereof, supplementary thereto, or substituted therefor unless the context clearly requires otherwise. Amended by Act 2015, No. 857,§ 3, eff. 3/31/2015. Amended by Act 2015, No. 857,§ 2, eff. 3/31/2015. Acts 1991, No. 8, § 2; 1991, No. 866, § 2; 2011, No. 982, § 1.

(a) The following words or phrases, or the plural thereof, whenever they appear in this subchapter shall have, unless the context clearly requires otherwise, the meanings ascribed to them in this section: (1) "Agreement" means any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of beer sold by a supplier; (2) "Ancillary business" means: (A) A business owned by the wholesaler, by a substantial stockholder of a wholesaler, or by a substantial partner of a wholesaler the primary business of which is directly related to the transporting, storing, or marketing of the brand or brands of beer of a supplier with whom the wholesaler has an agreement; or (B) A business owned by a wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler which recycles empty beverage containers of the supplier; (3) "Beer" includes light wine and shall carry the same definitions as set forth in § 3-5-202(1) and (7) ; (4) "Designated member" means and includes: (A) The spouse, child, grandchild, parent, brother, or sister of a deceased individual who owned an interest, including a controlling interest, in a wholesaler; (B) Any person who inherits under the deceased individual's will or under the laws of intestate succession of this state; (C) Any person or entity which has through a valid testamentary device by the deceased individual succeeded the deceased individual's ownership interest in the wholesaler pursuant to a written contract or instrument which has been previously approved by a supplier; (D) The appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an ownership interest in a wholesaler; and (E) The person appointed by a court as the guardian or conservator of the property of an incapacitated individual owning an ownership interest in a wholesaler; (5) "Director" means the Director of the Alcoholic Beverage Control Division; (6) "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted under the Uniform Commercial Code, § 4-1-101 et seq.; (7) "Reasonable qualifications" means the standard of the reasonable criteria established and consistently used by the respective supplier for similarly situated wholesalers that entered into, continued, or renewed an agreement with the supplier during a period of twenty-four (24) months prior to the proposed transfer of the wholesaler's business, or for similarly situated wholesalers who have changed managers or designated managers during a period of twenty-four (24) months prior to the proposed change in the manager or successor manager of the wholesaler's business; (8) "Retaliatory action" means the refusal to continue an agreement, or a material reduction in the quality of service or quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith; (9) "Sales territory" means an area of exclusive sales responsibility for the brand or brands of beer sold by a supplier as designated by an agreement; (10) "Similarly situated wholesalers" means wholesalers of a supplier that are of a generally comparable size, and operate in markets with similar demographic characteristics, including population size, density, distribution, and vital statistics, as well as reasonably similar economic and geographic conditions; (11) "Substantial stockholder or substantial partner" means a stockholder of or partner in the wholesaler who owns an interest of ten percent (10%) or more of the partnership or of the capital stock of a corporate wholesaler; (12) "Successor" means a person who replaces a supplier with regard to the right to manufacture, sell, or import beer; (13) "Supplier" means a manufacturer or importer of beer and light wine brands as registered with the director; (14) "Transfer of wholesaler's business" means the voluntary sale, assignment, or other transfer of ten percent (10%) or more or control of the business or all or substantially all of the assets of the wholesaler, or ten percent (10%) or more or control of the capital stock of the wholesaler, including, without limitation, the sale or other transfer of capital stock or assets by merger, consolidation, or dissolution, or of the capital stock of the parent corporation, or of the capital stock or beneficial ownership of any other entity owning or controlling the wholesaler; and (15) "Wholesaler" means a wholesaler of beer and light wine as licensed by the Alcoholic Beverage Control Board and as defined in § 3-5-202(12) .

(1) "Agreement" means any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of beer sold by a supplier;

(2) "Ancillary business" means: (A) A business owned by the wholesaler, by a substantial stockholder of a wholesaler, or by a substantial partner of a wholesaler the primary business of which is directly related to the transporting, storing, or marketing of the brand or brands of beer of a supplier with whom the wholesaler has an agreement; or (B) A business owned by a wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler which recycles empty beverage containers of the supplier;

(A) A business owned by the wholesaler, by a substantial stockholder of a wholesaler, or by a substantial partner of a wholesaler the primary business of which is directly related to the transporting, storing, or marketing of the brand or brands of beer of a supplier with whom the wholesaler has an agreement; or

(B) A business owned by a wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler which recycles empty beverage containers of the supplier;

(3) "Beer" includes light wine and shall carry the same definitions as set forth in § 3-5-202(1) and (7) ;

(4) "Designated member" means and includes: (A) The spouse, child, grandchild, parent, brother, or sister of a deceased individual who owned an interest, including a controlling interest, in a wholesaler; (B) Any person who inherits under the deceased individual's will or under the laws of intestate succession of this state; (C) Any person or entity which has through a valid testamentary device by the deceased individual succeeded the deceased individual's ownership interest in the wholesaler pursuant to a written contract or instrument which has been previously approved by a supplier; (D) The appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an ownership interest in a wholesaler; and (E) The person appointed by a court as the guardian or conservator of the property of an incapacitated individual owning an ownership interest in a wholesaler;

(A) The spouse, child, grandchild, parent, brother, or sister of a deceased individual who owned an interest, including a controlling interest, in a wholesaler;

(B) Any person who inherits under the deceased individual's will or under the laws of intestate succession of this state;

(C) Any person or entity which has through a valid testamentary device by the deceased individual succeeded the deceased individual's ownership interest in the wholesaler pursuant to a written contract or instrument which has been previously approved by a supplier;

(D) The appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an ownership interest in a wholesaler; and

(E) The person appointed by a court as the guardian or conservator of the property of an incapacitated individual owning an ownership interest in a wholesaler;

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

(6) "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted under the Uniform Commercial Code, § 4-1-101 et seq.;

(7) "Reasonable qualifications" means the standard of the reasonable criteria established and consistently used by the respective supplier for similarly situated wholesalers that entered into, continued, or renewed an agreement with the supplier during a period of twenty-four (24) months prior to the proposed transfer of the wholesaler's business, or for similarly situated wholesalers who have changed managers or designated managers during a period of twenty-four (24) months prior to the proposed change in the manager or successor manager of the wholesaler's business;

(8) "Retaliatory action" means the refusal to continue an agreement, or a material reduction in the quality of service or quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith;

(9) "Sales territory" means an area of exclusive sales responsibility for the brand or brands of beer sold by a supplier as designated by an agreement;

(10) "Similarly situated wholesalers" means wholesalers of a supplier that are of a generally comparable size, and operate in markets with similar demographic characteristics, including population size, density, distribution, and vital statistics, as well as reasonably similar economic and geographic conditions;

(11) "Substantial stockholder or substantial partner" means a stockholder of or partner in the wholesaler who owns an interest of ten percent (10%) or more of the partnership or of the capital stock of a corporate wholesaler;

(12) "Successor" means a person who replaces a supplier with regard to the right to manufacture, sell, or import beer;

(13) "Supplier" means a manufacturer or importer of beer and light wine brands as registered with the director;

(14) "Transfer of wholesaler's business" means the voluntary sale, assignment, or other transfer of ten percent (10%) or more or control of the business or all or substantially all of the assets of the wholesaler, or ten percent (10%) or more or control of the capital stock of the wholesaler, including, without limitation, the sale or other transfer of capital stock or assets by merger, consolidation, or dissolution, or of the capital stock of the parent corporation, or of the capital stock or beneficial ownership of any other entity owning or controlling the wholesaler; and

(15) "Wholesaler" means a wholesaler of beer and light wine as licensed by the Alcoholic Beverage Control Board and as defined in § 3-5-202(12) .

(b) Other words and phrases used in this subchapter shall have the meanings ascribed to them in §§ 3-1-102 and 3-5-202 , as amended, and any acts amendatory thereof, supplementary thereto, or substituted therefor unless the context clearly requires otherwise.

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

Amended by Act 2015, No. 857,§ 2, eff. 3/31/2015.

Acts 1991, No. 8, § 2; 1991, No. 866, § 2; 2011, No. 982, § 1.
Ark. Code Ann. § 3-8-810 — AR Code / Title 3 / Chapter 8 / Subchapter 8 / Section 3-8-810
Preservation of records
Status: in_force

(a) All petitions, notices, certificates, or other documentary evidence of procedural steps taken under this subchapter shall be filed and preserved. (b) Petitions with signatures shall be retained for two (2) years after submission to the county clerk. Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.

(a) All petitions, notices, certificates, or other documentary evidence of procedural steps taken under this subchapter shall be filed and preserved.

(b) Petitions with signatures shall be retained for two (2) years after submission to the county clerk.

Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.
Ark. Code Ann. § 3-4-207 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-207
Ineligible persons
Status: in_force

The following persons described in this section shall not receive a permit under this title: (1) A person who has been convicted of an excluded felony; (2) A person under twenty-one (21) years of age; (3) A person who is not a citizen or resident alien of the United States; (4) A copartnership, unless all members of such copartnership are citizens or resident aliens of the United States; (5) A person who had his or her permit issued under this title revoked for cause or who has been convicted of a violation of this act until the expiration of two (2) years from the date of such revocation or conviction; or (6) A corporation or copartnership, if any of its officers or members have been convicted of a violation of this title or have had a permit issued under this title revoked for cause until two (2) years from the date of the conviction or revocation. Amended by Act 2017, No. 739,§ 2, eff. 8/1/2017. Acts 1935, No. 108, Art. 3, § 11; Pope's Dig., § 14115; Acts 1945, No. 239, § 1; A.S.A. 1947, § 48-314; Acts 1991, No. 606, § 1; 1995, No. 652, § 8.

The following persons described in this section shall not receive a permit under this title:

(1) A person who has been convicted of an excluded felony;

(2) A person under twenty-one (21) years of age;

(3) A person who is not a citizen or resident alien of the United States;

(4) A copartnership, unless all members of such copartnership are citizens or resident aliens of the United States;

(5) A person who had his or her permit issued under this title revoked for cause or who has been convicted of a violation of this act until the expiration of two (2) years from the date of such revocation or conviction; or

(6) A corporation or copartnership, if any of its officers or members have been convicted of a violation of this title or have had a permit issued under this title revoked for cause until two (2) years from the date of the conviction or revocation.

Amended by Act 2017, No. 739,§ 2, eff. 8/1/2017.

Acts 1935, No. 108, Art. 3, § 11; Pope's Dig., § 14115; Acts 1945, No. 239, § 1; A.S.A. 1947, § 48-314; Acts 1991, No. 606, § 1; 1995, No. 652, § 8.
Ark. Code Ann. § 3-8-710 — AR Code / Title 3 / Chapter 8 / Subchapter 7 / Section 3-8-710
Enforcement
Status: in_force

The Arkansas Ethics Commission shall have the same power and authority to enforce the provisions of this subchapter as are provided the commission under §§ 7-6-217 and 7-6-218 for the enforcement of campaign finance laws. Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.

The Arkansas Ethics Commission shall have the same power and authority to enforce the provisions of this subchapter as are provided the commission under §§ 7-6-217 and 7-6-218 for the enforcement of campaign finance laws.

Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 3-8-210 — AR Code / Title 3 / Chapter 8 / Subchapter 2 / Section 3-8-210
Authority to continue to issue sale permits
Status: in_force

The Alcoholic Beverage Control Division shall have the authority to continue to issue permits for the sale of beer and of vinous, spirituous, and malt liquors in any political subdivision of the State of Arkansas of the same kind and type issued prior to July 4, 1996, provided that the electorate of such political subdivision has not since July 4, 1996, held an election under the provisions of Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 . Acts 1993, No. 826, § 1; 1999, No. 632, § 1.

The Alcoholic Beverage Control Division shall have the authority to continue to issue permits for the sale of beer and of vinous, spirituous, and malt liquors in any political subdivision of the State of Arkansas of the same kind and type issued prior to July 4, 1996, provided that the electorate of such political subdivision has not since July 4, 1996, held an election under the provisions of Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 .

Acts 1993, No. 826, § 1; 1999, No. 632, § 1.
Ark. Code Ann. § 3-5-226 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-226
On-premises sales by brewery
Status: in_force

(a) The brewery may sell to the consumer at the brewery in lots of fewer than sixteen gallons (16 gals.). (b) (1) The Alcoholic Beverage Control Board is hereby authorized to promulgate reasonable rules for the on-premises sale with foods and the off-premises package sale, labeling, and identification of beer sold at beer outlets maintained on the premises and operated in connection with a brewery in this state. (2) Such rules shall include the following minimum requirements: (A) The brewery shall provide tours through its facilities; and (B) Only sealed containers may be removed from the brewery premises. Amended by Act 2019, No. 315,§ 66, eff. 7/24/2019. Acts 1999, No. 467, §§ 1, 2.

(a) The brewery may sell to the consumer at the brewery in lots of fewer than sixteen gallons (16 gals.).

(b) (1) The Alcoholic Beverage Control Board is hereby authorized to promulgate reasonable rules for the on-premises sale with foods and the off-premises package sale, labeling, and identification of beer sold at beer outlets maintained on the premises and operated in connection with a brewery in this state. (2) Such rules shall include the following minimum requirements: (A) The brewery shall provide tours through its facilities; and (B) Only sealed containers may be removed from the brewery premises.

(1) The Alcoholic Beverage Control Board is hereby authorized to promulgate reasonable rules for the on-premises sale with foods and the off-premises package sale, labeling, and identification of beer sold at beer outlets maintained on the premises and operated in connection with a brewery in this state.

(2) Such rules shall include the following minimum requirements: (A) The brewery shall provide tours through its facilities; and (B) Only sealed containers may be removed from the brewery premises.

(A) The brewery shall provide tours through its facilities; and

(B) Only sealed containers may be removed from the brewery premises.

Amended by Act 2019, No. 315,§ 66, eff. 7/24/2019.

Acts 1999, No. 467, §§ 1, 2.
Ark. Code Ann. § 3-9-222 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-222
Private clubs - Procedure for obtaining permit
Status: in_force

(a) (1) Application for a permit to operate as a private club may be made to the governing body of the county or municipality in which the private club seeks to be located. (2) If the governing body of the county or municipality approves by ordinance an application for a permit to operate as a private club under subdivision (a)(1) of this section, the Alcoholic Beverage Control Division may issue a permit to operate as a private club to the applicant for the proposed location. (b) (1) The application for a private club shall be submitted to the division and accompanied by an annual permit fee of one thousand five hundred dollars ($1,500). (2) The application for a bed and breakfast private club shall be submitted to the division and accompanied by an annual permit fee of seventy-five dollars ($75.00). (3) In an area in which the sale of intoxicating liquor has not been authorized by local option as provided under § 3-8-201 et seq., the application for a private club permit shall be submitted to the division and accompanied by an additional application fee of one thousand five hundred dollars ($1,500). (c) (1) After filing an acceptable application with the Director of the Alcoholic Beverage Control Division, the applicant shall cause to be published at least one (1) time each week for four (4) consecutive weeks in a legal newspaper of general circulation in the city in which the premises are situated or, if the premises are not in a city, in a newspaper of general circulation for the locality where the business is to be conducted, a notice that the applicant has applied for a permit to dispense alcoholic beverages on the premises. (2) The notice shall be in such form as the director shall prescribe by rule or order and shall be verified. (3) The notice shall give the names of the managing agent and the nonprofit corporation or, in the case of a bed and breakfast private club, the name of the business owner, and shall state: (A) That the manager, or in the case of a bed and breakfast private club, the owner, at least one (1) partner, or the majority stockholder is a citizen of Arkansas; (B) That he or she is of good moral character; (C) That he or she has never been convicted of a felony or had a license to sell or dispense alcoholic beverages revoked within the five (5) years preceding the date of the notice; and (D) That he or she has never been convicted of violating the laws of this state or of any other state governing the sale or dispensing of alcoholic beverages. (d) (1) Within five (5) days after filing an application for a permit to dispense alcoholic beverages on the premises, a notice of the application shall be posted in a conspicuous place at the entrance to the premises. (2) The applicant shall notify the director of the date when the notice is first posted. (3) No permit shall be issued to any applicant until proper notice has been so posted on the premises for at least thirty (30) consecutive days. (4) (A) The notice shall be in such form as the director shall prescribe by rule or order. (B) The notice shall be: (i) At least eleven inches (11") in width and seventeen inches (17") in height; and (ii) Printed in black lettering on a yellow background. (e) (1) Upon receipt by the director of an application for a permit, written notice thereof, which shall include a copy of the application, the application shall immediately be mailed by the director to the sheriff, chief of police, if located within a city, prosecuting attorney of the locality in which the premises are situated, and city board of directors or other governing body of the city in which the premises are situated if within an incorporated area. The provisions of this section shall be retroactive to July 28, 1995. (2) No license shall be issued by the director until at least thirty (30) days have passed from the mailing by the director of the notices required by this section. (3) Upon receipt by the director within the thirty (30) days of a protest against the issuance of a permit by a governing official of the city or county to whom the notice of an application for permit has been mailed, the director shall not issue the license until he or she has held a public hearing. (f) Upon the director's determining that the applicant is qualified hereunder and that the application is in the public interest, a permit may be issued as authorized in this section. Amended by Act 2017, No. 1112,§ 1, eff. 8/1/2017. Acts 1969, No. 132, § 10; 1975 (Extended Sess., 1976), No. 1016, § 1; A.S.A. 1947, § 48-1410; reen. Acts 1987, No. 949, § 1; 1989, No. 297, § 1; 1997, No. 1010, § 3; 1997, No. 1060, § 3; 1999, No. 1063, § 3; 2007, No. 735, § 3; 2009, No. 294, § 22; 2009, No. 763, § 5.

(a) (1) Application for a permit to operate as a private club may be made to the governing body of the county or municipality in which the private club seeks to be located. (2) If the governing body of the county or municipality approves by ordinance an application for a permit to operate as a private club under subdivision (a)(1) of this section, the Alcoholic Beverage Control Division may issue a permit to operate as a private club to the applicant for the proposed location.

(1) Application for a permit to operate as a private club may be made to the governing body of the county or municipality in which the private club seeks to be located.

(2) If the governing body of the county or municipality approves by ordinance an application for a permit to operate as a private club under subdivision (a)(1) of this section, the Alcoholic Beverage Control Division may issue a permit to operate as a private club to the applicant for the proposed location.

(b) (1) The application for a private club shall be submitted to the division and accompanied by an annual permit fee of one thousand five hundred dollars ($1,500). (2) The application for a bed and breakfast private club shall be submitted to the division and accompanied by an annual permit fee of seventy-five dollars ($75.00). (3) In an area in which the sale of intoxicating liquor has not been authorized by local option as provided under § 3-8-201 et seq., the application for a private club permit shall be submitted to the division and accompanied by an additional application fee of one thousand five hundred dollars ($1,500).

(1) The application for a private club shall be submitted to the division and accompanied by an annual permit fee of one thousand five hundred dollars ($1,500).

(2) The application for a bed and breakfast private club shall be submitted to the division and accompanied by an annual permit fee of seventy-five dollars ($75.00).

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

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

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

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

(3) The notice shall give the names of the managing agent and the nonprofit corporation or, in the case of a bed and breakfast private club, the name of the business owner, and shall state: (A) That the manager, or in the case of a bed and breakfast private club, the owner, at least one (1) partner, or the majority stockholder is a citizen of Arkansas; (B) That he or she is of good moral character; (C) That he or she has never been convicted of a felony or had a license to sell or dispense alcoholic beverages revoked within the five (5) years preceding the date of the notice; and (D) That he or she has never been convicted of violating the laws of this state or of any other state governing the sale or dispensing of alcoholic beverages.

(A) That the manager, or in the case of a bed and breakfast private club, the owner, at least one (1) partner, or the majority stockholder is a citizen of Arkansas;

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

(C) That he or she has never been convicted of a felony or had a license to sell or dispense alcoholic beverages revoked within the five (5) years preceding the date of the notice; and

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

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

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

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

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

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

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

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

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

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

(e) (1) Upon receipt by the director of an application for a permit, written notice thereof, which shall include a copy of the application, the application shall immediately be mailed by the director to the sheriff, chief of police, if located within a city, prosecuting attorney of the locality in which the premises are situated, and city board of directors or other governing body of the city in which the premises are situated if within an incorporated area. The provisions of this section shall be retroactive to July 28, 1995. (2) No license shall be issued by the director until at least thirty (30) days have passed from the mailing by the director of the notices required by this section. (3) Upon receipt by the director within the thirty (30) days of a protest against the issuance of a permit by a governing official of the city or county to whom the notice of an application for permit has been mailed, the director shall not issue the license until he or she has held a public hearing.

(1) Upon receipt by the director of an application for a permit, written notice thereof, which shall include a copy of the application, the application shall immediately be mailed by the director to the sheriff, chief of police, if located within a city, prosecuting attorney of the locality in which the premises are situated, and city board of directors or other governing body of the city in which the premises are situated if within an incorporated area. The provisions of this section shall be retroactive to July 28, 1995.

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

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

(f) Upon the director's determining that the applicant is qualified hereunder and that the application is in the public interest, a permit may be issued as authorized in this section.

Amended by Act 2017, No. 1112,§ 1, eff. 8/1/2017.

Acts 1969, No. 132, § 10; 1975 (Extended Sess., 1976), No. 1016, § 1; A.S.A. 1947, § 48-1410; reen. Acts 1987, No. 949, § 1; 1989, No. 297, § 1; 1997, No. 1010, § 3; 1997, No. 1060, § 3; 1999, No. 1063, § 3; 2007, No. 735, § 3; 2009, No. 294, § 22; 2009, No. 763, § 5.
Ark. Code Ann. § 3-9-233 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-233
Closing hours
Status: in_force

(a) The rules of the Alcoholic Beverage Control Board and existing laws with respect to the closing hours of licensed premises under this subchapter shall be applicable to all such licensed premises in the state, except that: (1) The governing body of a city in which hotel and restaurant licensed premises are located may fix by ordinance later closing hours for such hotel and restaurant licensed premises than are prescribed by state law or rules of the board for licensed premises generally. In that case, the closing hours for such hotel and restaurant licensed premises as provided by ordinance of the governing body of the city shall govern with respect to the licensed premises in the city; and (2) In any county of this state having a population of not less than fifty-three thousand (53,000) and not more than fifty-eight thousand (58,000) in which hotel and restaurant licensed premises are located outside the corporate limits of any municipality, the county court of the county may fix by order of the court later closing hours for the hotel and restaurant licensed premises than are prescribed by state law or rules of the board for licensed premises generally. In that case, the closing hours for the hotel and restaurant licensed premises located in the county outside of municipal limits shall be governed by the order of the county court. (b) However, under no circumstances may any licensed premises remain open more than two (2) hours after 12:00 midnight on Saturday night. Amended by Act 2019, No. 315,§ 104, eff. 7/24/2019. Acts 1969, No. 132, § 12; 1973, No. 387, § 1; 1975, No. 137, § 1; A.S.A. 1947, § 48-1412.

(a) The rules of the Alcoholic Beverage Control Board and existing laws with respect to the closing hours of licensed premises under this subchapter shall be applicable to all such licensed premises in the state, except that: (1) The governing body of a city in which hotel and restaurant licensed premises are located may fix by ordinance later closing hours for such hotel and restaurant licensed premises than are prescribed by state law or rules of the board for licensed premises generally. In that case, the closing hours for such hotel and restaurant licensed premises as provided by ordinance of the governing body of the city shall govern with respect to the licensed premises in the city; and (2) In any county of this state having a population of not less than fifty-three thousand (53,000) and not more than fifty-eight thousand (58,000) in which hotel and restaurant licensed premises are located outside the corporate limits of any municipality, the county court of the county may fix by order of the court later closing hours for the hotel and restaurant licensed premises than are prescribed by state law or rules of the board for licensed premises generally. In that case, the closing hours for the hotel and restaurant licensed premises located in the county outside of municipal limits shall be governed by the order of the county court.

(1) The governing body of a city in which hotel and restaurant licensed premises are located may fix by ordinance later closing hours for such hotel and restaurant licensed premises than are prescribed by state law or rules of the board for licensed premises generally. In that case, the closing hours for such hotel and restaurant licensed premises as provided by ordinance of the governing body of the city shall govern with respect to the licensed premises in the city; and

(2) In any county of this state having a population of not less than fifty-three thousand (53,000) and not more than fifty-eight thousand (58,000) in which hotel and restaurant licensed premises are located outside the corporate limits of any municipality, the county court of the county may fix by order of the court later closing hours for the hotel and restaurant licensed premises than are prescribed by state law or rules of the board for licensed premises generally. In that case, the closing hours for the hotel and restaurant licensed premises located in the county outside of municipal limits shall be governed by the order of the county court.

(b) However, under no circumstances may any licensed premises remain open more than two (2) hours after 12:00 midnight on Saturday night.

Amended by Act 2019, No. 315,§ 104, eff. 7/24/2019.

Acts 1969, No. 132, § 12; 1973, No. 387, § 1; 1975, No. 137, § 1; A.S.A. 1947, § 48-1412.
Ark. Code Ann. § 3-7-404 — AR Code / Title 3 / Chapter 7 / Subchapter 4 / Section 3-7-404
Rules
Status: in_force

(a) The rules required by § 3-7-401 pertaining to a reporting method for paying and collecting excise tax on beer shall be adopted and promulgated by the Secretary of the Department of Finance and Administration. (b) The rules shall be jointly enforced by both the secretary and the Alcoholic Beverage Control Board. (c) The Director of the Alcoholic Beverage Control Division shall have authority to promulgate rules pertaining to the possession, transportation, or importation of beer into the State of Arkansas. (d) The express purpose of this section is to carry out the intention of §§ 3-7-401 - 3-7-403 to provide authority for protecting the state against loss of revenues derived from the levy of the excise tax on beer. The secretary shall have full authority to adopt whatever rules he or she may deem necessary to this end. Amended by Act 2019, No. 315,§ 92, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3345, eff. 7/1/2019. Acts 1953, No. 373, §§ 1-3; A.S.A. 1947, §§ 48-415 -- 48-417.

(a) The rules required by § 3-7-401 pertaining to a reporting method for paying and collecting excise tax on beer shall be adopted and promulgated by the Secretary of the Department of Finance and Administration.

(b) The rules shall be jointly enforced by both the secretary and the Alcoholic Beverage Control Board.

(c) The Director of the Alcoholic Beverage Control Division shall have authority to promulgate rules pertaining to the possession, transportation, or importation of beer into the State of Arkansas.

(d) The express purpose of this section is to carry out the intention of §§ 3-7-401 - 3-7-403 to provide authority for protecting the state against loss of revenues derived from the levy of the excise tax on beer. The secretary shall have full authority to adopt whatever rules he or she may deem necessary to this end.

Amended by Act 2019, No. 315,§ 92, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3345, eff. 7/1/2019.

Acts 1953, No. 373, §§ 1-3; A.S.A. 1947, §§ 48-415 -- 48-417.