Ark. Code Ann. § 3-7-306 — AR Code / Title 3 / Chapter 7 / Subchapter 3 / Section 3-7-306
Right to contract
Status: in_force

To strengthen enforcement of this subchapter, the wholesalers, importers, manufacturers, and suppliers to whom this subchapter is applicable shall have the right to contract with each other to provide a distribution system best adapted, under proper rules, to ensure payment of the taxes provided by law and to minimize the possibility of tax loss to this state. Amended by Act 2019, No. 315,§ 89, eff. 7/24/2019. Acts 1971, No. 296, § 9; A.S.A. 1947, § 48-430.

To strengthen enforcement of this subchapter, the wholesalers, importers, manufacturers, and suppliers to whom this subchapter is applicable shall have the right to contract with each other to provide a distribution system best adapted, under proper rules, to ensure payment of the taxes provided by law and to minimize the possibility of tax loss to this state.

Amended by Act 2019, No. 315,§ 89, eff. 7/24/2019.

Acts 1971, No. 296, § 9; A.S.A. 1947, § 48-430.
Ark. Code Ann. § 3-4-602 — AR Code / Title 3 / Chapter 4 / Subchapter 6 / Section 3-4-602
Distillers or manufacturers
Status: in_force

(a) Any person may apply to the Director of the Alcoholic Beverage Control Division for a permit to manufacture, distill, import, transport, store, and sell to a wholesaler, jobber, or distributor spirituous, vinous (except small farm wines), or malt liquors to be used and sold for beverage purposes. (b) The application shall be in writing and verified and shall set forth in detail such information concerning the applicant for the permit and the premises to be used therefor as the director shall require. (c) The application shall be accompanied by a certified check, cash, or postal money order for the amount required by this act for the permit. (d) If the director grants the application, he or she shall issue a permit in such form as shall be determined by rules established by the director. (e) The permit shall contain a description of the premises to be used by the applicant and in form and in substance shall be a permit to the person therein specifically designated to manufacture, distill, transport, and sell to a wholesaler, jobber, or distributor spirituous, vinous (except small farm wines), or malt liquors in or from the premises therein specifically authorized. (f) No distiller or manufacturer shall sell or contract to sell any spirituous, vinous (except small farm wines), or malt liquors referred to herein to any wholesaler, distributor, or jobber, or to any other person who is not duly authorized under this act to receive, possess, transport, distribute, or sell those liquors. (g) Under rules adopted by the director, a distiller or manufacturer may: (1) Sell, deliver, or transport to wholesalers; (2) Sell, deliver, or transport to rectifiers; (3) Sell, deliver, or transport to licensed retailers not more than fifteen thousand (15,000) nine-liter-equivalent cases or thirty-five thousand six hundred sixty-seven gallons (35,667 gals.) of spirituous liquors per year; (4) Export out of the state; (5) Sell for off-premises consumption spirituous or vinous liquors the distiller or manufacturer manufactures on any day of the week; (6) Serve on the premises complimentary samples of liquors produced by the distiller or manufacturer; (7) Sell at retail, by the drink or by the package, spirituous or vinous liquors produced on the premises of the distillery if all sales occur in a wet territory; and (8) Sell for consumption on the premises of the manufacturer: (A) Liquors produced by the manufacturer or liquors that the manufacturer may purchase from wholesalers licensed by the state; (B) Wine; (C) Beer; and (D) Malt liquor. (h) (1) For the privilege of distilling spirituous liquors or manufacturing malt liquors, each person engaged in distilling spirituous liquors or manufacturing malt liquors shall pay an annual permit fee of three hundred dollars ($300) for each manufacturing or distilling plant. (2) For the privilege of manufacturing vinous liquors (except small farm wines), there is assessed and there shall be paid an annual permit fee of and by every person engaged therein. The permit fee shall be in the sum of five hundred dollars ($500) for each manufacturing plant. (3) However, for the privilege of distilling brandy or spirituous liquors for use only in the fortifying of native wines, which are wines manufactured from the juices of grapes, berries, and other fruits or vegetables grown in this state, there shall be collected an annual permit fee of two hundred fifty dollars ($250) for each manufacturing or distilling plant. (i) Liquors may be sold for on-premises sale or off-premises sale, or both, for consumption during all legal operating hours in which business is normally and legally conducted on the premises if: (1) The manufacturer provides tours through its facility; and (2) Only sealed containers are removed from the premises. (j) (1) A manufacturer may provide liquor it manufactures to charitable or nonprofit organizations or sell for resale liquor it manufactures to charitable or nonprofit organizations holding valid special event permits issued by the Alcoholic Beverage Control Board. (2) The sale of products under subdivision (j)(1) of this section is limited to the duration of the particular special event. (k) (1) If approved by the Alcoholic Beverage Control Division and if the division receives written notice at least five (5) days before the event, the division may authorize a distiller or manufacturer to conduct a spirituous or vinous liquor tasting event for educational or promotional purposes at any location in a wet area of this state. (2) (A) Before an authorization is issued under subdivision (k)(1) of this section, the division shall receive written notice of the spirituous or vinous liquor tasting event at least two (2) weeks before the event. (B) A spirituous or vinous liquor tasting event may be held under this subsection in any facility licensed by the division in a wet area of this state. (l) The division may issue a permit under this section to a distiller or a manufacturer in a dry area if the distiller or manufacturer sells exclusively to wholesalers as authorized under § 3-8-203 . Amended by Act 2023, No. 747,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 706,§ 1, eff. 4/14/2021. Amended by Act 2019, No. 315,§ 51, eff. 7/24/2019. Amended by Act 2019, No. 740,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 1117,§ 2, eff. 4/7/2017. Amended by Act 2017, No. 1117,§ 1, eff. 4/7/2017. Amended by Act 2015, No. 1143,§ 1, eff. 7/22/2015. Acts 1935, No. 108, Art. 3, § 3; 1935, No. 108, Art. 4, § 1; Pope's Dig., §§ 14107, 14127; Acts 1939, No. 302, § 1; 1983, No. 675, § 1; A.S.A. 1947, §§ 48-303, 48-321; Acts 2011, No. 827, § 1.

(a) Any person may apply to the Director of the Alcoholic Beverage Control Division for a permit to manufacture, distill, import, transport, store, and sell to a wholesaler, jobber, or distributor spirituous, vinous (except small farm wines), or malt liquors to be used and sold for beverage purposes.

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

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

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

(e) The permit shall contain a description of the premises to be used by the applicant and in form and in substance shall be a permit to the person therein specifically designated to manufacture, distill, transport, and sell to a wholesaler, jobber, or distributor spirituous, vinous (except small farm wines), or malt liquors in or from the premises therein specifically authorized.

(f) No distiller or manufacturer shall sell or contract to sell any spirituous, vinous (except small farm wines), or malt liquors referred to herein to any wholesaler, distributor, or jobber, or to any other person who is not duly authorized under this act to receive, possess, transport, distribute, or sell those liquors.

(g) Under rules adopted by the director, a distiller or manufacturer may: (1) Sell, deliver, or transport to wholesalers; (2) Sell, deliver, or transport to rectifiers; (3) Sell, deliver, or transport to licensed retailers not more than fifteen thousand (15,000) nine-liter-equivalent cases or thirty-five thousand six hundred sixty-seven gallons (35,667 gals.) of spirituous liquors per year; (4) Export out of the state; (5) Sell for off-premises consumption spirituous or vinous liquors the distiller or manufacturer manufactures on any day of the week; (6) Serve on the premises complimentary samples of liquors produced by the distiller or manufacturer; (7) Sell at retail, by the drink or by the package, spirituous or vinous liquors produced on the premises of the distillery if all sales occur in a wet territory; and (8) Sell for consumption on the premises of the manufacturer: (A) Liquors produced by the manufacturer or liquors that the manufacturer may purchase from wholesalers licensed by the state; (B) Wine; (C) Beer; and (D) Malt liquor.

(1) Sell, deliver, or transport to wholesalers;

(2) Sell, deliver, or transport to rectifiers;

(3) Sell, deliver, or transport to licensed retailers not more than fifteen thousand (15,000) nine-liter-equivalent cases or thirty-five thousand six hundred sixty-seven gallons (35,667 gals.) of spirituous liquors per year;

(4) Export out of the state;

(5) Sell for off-premises consumption spirituous or vinous liquors the distiller or manufacturer manufactures on any day of the week;

(6) Serve on the premises complimentary samples of liquors produced by the distiller or manufacturer;

(7) Sell at retail, by the drink or by the package, spirituous or vinous liquors produced on the premises of the distillery if all sales occur in a wet territory; and

(8) Sell for consumption on the premises of the manufacturer: (A) Liquors produced by the manufacturer or liquors that the manufacturer may purchase from wholesalers licensed by the state; (B) Wine; (C) Beer; and (D) Malt liquor.

(A) Liquors produced by the manufacturer or liquors that the manufacturer may purchase from wholesalers licensed by the state;

(B) Wine;

(C) Beer; and

(D) Malt liquor.

(h) (1) For the privilege of distilling spirituous liquors or manufacturing malt liquors, each person engaged in distilling spirituous liquors or manufacturing malt liquors shall pay an annual permit fee of three hundred dollars ($300) for each manufacturing or distilling plant. (2) For the privilege of manufacturing vinous liquors (except small farm wines), there is assessed and there shall be paid an annual permit fee of and by every person engaged therein. The permit fee shall be in the sum of five hundred dollars ($500) for each manufacturing plant. (3) However, for the privilege of distilling brandy or spirituous liquors for use only in the fortifying of native wines, which are wines manufactured from the juices of grapes, berries, and other fruits or vegetables grown in this state, there shall be collected an annual permit fee of two hundred fifty dollars ($250) for each manufacturing or distilling plant.

(1) For the privilege of distilling spirituous liquors or manufacturing malt liquors, each person engaged in distilling spirituous liquors or manufacturing malt liquors shall pay an annual permit fee of three hundred dollars ($300) for each manufacturing or distilling plant.

(2) For the privilege of manufacturing vinous liquors (except small farm wines), there is assessed and there shall be paid an annual permit fee of and by every person engaged therein. The permit fee shall be in the sum of five hundred dollars ($500) for each manufacturing plant.

(3) However, for the privilege of distilling brandy or spirituous liquors for use only in the fortifying of native wines, which are wines manufactured from the juices of grapes, berries, and other fruits or vegetables grown in this state, there shall be collected an annual permit fee of two hundred fifty dollars ($250) for each manufacturing or distilling plant.

(i) Liquors may be sold for on-premises sale or off-premises sale, or both, for consumption during all legal operating hours in which business is normally and legally conducted on the premises if: (1) The manufacturer provides tours through its facility; and (2) Only sealed containers are removed from the premises.

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

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

(j) (1) A manufacturer may provide liquor it manufactures to charitable or nonprofit organizations or sell for resale liquor it manufactures to charitable or nonprofit organizations holding valid special event permits issued by the Alcoholic Beverage Control Board. (2) The sale of products under subdivision (j)(1) of this section is limited to the duration of the particular special event.

(1) A manufacturer may provide liquor it manufactures to charitable or nonprofit organizations or sell for resale liquor it manufactures to charitable or nonprofit organizations holding valid special event permits issued by the Alcoholic Beverage Control Board.

(2) The sale of products under subdivision (j)(1) of this section is limited to the duration of the particular special event.

(k) (1) If approved by the Alcoholic Beverage Control Division and if the division receives written notice at least five (5) days before the event, the division may authorize a distiller or manufacturer to conduct a spirituous or vinous liquor tasting event for educational or promotional purposes at any location in a wet area of this state. (2) (A) Before an authorization is issued under subdivision (k)(1) of this section, the division shall receive written notice of the spirituous or vinous liquor tasting event at least two (2) weeks before the event. (B) A spirituous or vinous liquor tasting event may be held under this subsection in any facility licensed by the division in a wet area of this state.

(1) If approved by the Alcoholic Beverage Control Division and if the division receives written notice at least five (5) days before the event, the division may authorize a distiller or manufacturer to conduct a spirituous or vinous liquor tasting event for educational or promotional purposes at any location in a wet area of this state.

(2) (A) Before an authorization is issued under subdivision (k)(1) of this section, the division shall receive written notice of the spirituous or vinous liquor tasting event at least two (2) weeks before the event. (B) A spirituous or vinous liquor tasting event may be held under this subsection in any facility licensed by the division in a wet area of this state.

(A) Before an authorization is issued under subdivision (k)(1) of this section, the division shall receive written notice of the spirituous or vinous liquor tasting event at least two (2) weeks before the event.

(B) A spirituous or vinous liquor tasting event may be held under this subsection in any facility licensed by the division in a wet area of this state.

(l) The division may issue a permit under this section to a distiller or a manufacturer in a dry area if the distiller or manufacturer sells exclusively to wholesalers as authorized under § 3-8-203 .

Amended by Act 2023, No. 747,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 706,§ 1, eff. 4/14/2021.

Amended by Act 2019, No. 315,§ 51, eff. 7/24/2019.

Amended by Act 2019, No. 740,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 1117,§ 2, eff. 4/7/2017.

Amended by Act 2017, No. 1117,§ 1, eff. 4/7/2017.

Amended by Act 2015, No. 1143,§ 1, eff. 7/22/2015.

Acts 1935, No. 108, Art. 3, § 3; 1935, No. 108, Art. 4, § 1; Pope's Dig., §§ 14107, 14127; Acts 1939, No. 302, § 1; 1983, No. 675, § 1; A.S.A. 1947, §§ 48-303, 48-321; Acts 2011, No. 827, § 1.
Ark. Code Ann. § 3-9-603 — AR Code / Title 3 / Chapter 9 / Subchapter 6 / Section 3-9-603
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 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 states 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 must be a resident of the State of Arkansas on the date of the application and maintain such residency within the state as a continuing qualification to hold the permit issued by the Director of the Alcoholic Beverage Control Division; (3) The applicant has never 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; (4) The applicant has not had revoked within five (5) years immediately 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; (5) The applicant must 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; (6) If the applicant is a copartner, all members of the copartnership must be qualified to obtain a license; and (7) (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 (a)(7)(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 a 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 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. (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. 691,§ 27, eff. 7/24/2019. Amended by Act 2013, No. 325,§ 5, eff. 8/16/2013. Acts 1999, No. 856, § 4.

(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 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 states 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 must be a resident of the State of Arkansas on the date of the application and maintain such residency within the state as a continuing qualification to hold the permit issued by the Director of the Alcoholic Beverage Control Division; (3) The applicant has never 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; (4) The applicant has not had revoked within five (5) years immediately 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; (5) The applicant must 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; (6) If the applicant is a copartner, all members of the copartnership must be qualified to obtain a license; and (7) (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 (a)(7)(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 a 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 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.

(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 must be a resident of the State of Arkansas on the date of the application and maintain such residency within the state as a continuing qualification to hold the permit issued by the Director of the Alcoholic Beverage Control Division;

(3) The applicant has never 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;

(4) The applicant has not had revoked within five (5) years immediately 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;

(5) The applicant must 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;

(6) If the applicant is a copartner, all members of the copartnership must be qualified to obtain a license; and

(7) (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 (a)(7)(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 a 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 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.

(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 (a)(7)(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 a 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 (a)(7)(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 a 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 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.

(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. 691,§ 27, eff. 7/24/2019.

Amended by Act 2013, No. 325,§ 5, eff. 8/16/2013.

Acts 1999, No. 856, § 4.
Ark. Code Ann. § 3-5-1417 — AR Code / Title 3 / Chapter 5 / Subchapter 14 / Section 3-5-1417
Exemption for front-of-house employees
Status: in_force

A front-of-house employee may be employed simultaneously by another holder of a permit or license issued by the Director of the Alcoholic Beverage Control Division. Added by Act 2017, No. 950,§ 5, eff. 8/1/2017.

A front-of-house employee may be employed simultaneously by another holder of a permit or license issued by the Director of the Alcoholic Beverage Control Division.

Added by Act 2017, No. 950,§ 5, eff. 8/1/2017.
Ark. Code Ann. § 3-4-206 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-206
Operation of retail liquor business near church or schoolhouse prohibited - Definitions
Status: in_force

(a) As used in this section: (1) "Church" means a church and all immediately adjacent property owned or leased by the church that is used for church purposes; and (2) (A) "Schoolhouse" means: (i) A facility owned and operated by a public or private school or an open-enrollment charter school; and (ii) A public or private daycare facility licensed by the State of Arkansas. (B) "Schoolhouse" does not include a home school. (b) (1) No new permit to engage in the retail liquor business in this state may be issued by the Director of the Alcoholic Beverage Control Division for the location of any business situated within one thousand feet (1,000') of any church or schoolhouse property line. (2) No existing permit to engage in the retail liquor business in this state may be transferred to a location within one thousand feet (1,000') of any church or schoolhouse property line. (3) The distance specified in subdivisions (b)(1) and (2) of this section shall be measured by nearest property line point to nearest property line point. (4) Subdivisions (b)(1) and (2) of this section apply only to an application for a new permit or the transfer of an existing permit filed with the Alcoholic Beverage Control Board after August 1, 2015. (c) If a preliminary inspection by personnel of the Alcoholic Beverage Control Division indicates that a proposed location for a retail liquor business appears from any point to be situated between nine hundred feet (900') and one thousand one hundred feet (1,100') of a church or schoolhouse property line, the permit applicant shall submit to the division a survey of the location performed by a licensed surveyor before a permit is issued for the retail liquor business. Amended by Act 2019, No. 983,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 491,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1172,§ 1, eff. 7/22/2015. Acts 1975, No. 699, § 1; A.S.A. 1947, § 48-345; Acts 2001, No. 1072, § 1.

(a) As used in this section: (1) "Church" means a church and all immediately adjacent property owned or leased by the church that is used for church purposes; and (2) (A) "Schoolhouse" means: (i) A facility owned and operated by a public or private school or an open-enrollment charter school; and (ii) A public or private daycare facility licensed by the State of Arkansas. (B) "Schoolhouse" does not include a home school.

(1) "Church" means a church and all immediately adjacent property owned or leased by the church that is used for church purposes; and

(2) (A) "Schoolhouse" means: (i) A facility owned and operated by a public or private school or an open-enrollment charter school; and (ii) A public or private daycare facility licensed by the State of Arkansas. (B) "Schoolhouse" does not include a home school.

(A) "Schoolhouse" means: (i) A facility owned and operated by a public or private school or an open-enrollment charter school; and (ii) A public or private daycare facility licensed by the State of Arkansas.

(i) A facility owned and operated by a public or private school or an open-enrollment charter school; and

(ii) A public or private daycare facility licensed by the State of Arkansas.

(B) "Schoolhouse" does not include a home school.

(b) (1) No new permit to engage in the retail liquor business in this state may be issued by the Director of the Alcoholic Beverage Control Division for the location of any business situated within one thousand feet (1,000') of any church or schoolhouse property line. (2) No existing permit to engage in the retail liquor business in this state may be transferred to a location within one thousand feet (1,000') of any church or schoolhouse property line. (3) The distance specified in subdivisions (b)(1) and (2) of this section shall be measured by nearest property line point to nearest property line point. (4) Subdivisions (b)(1) and (2) of this section apply only to an application for a new permit or the transfer of an existing permit filed with the Alcoholic Beverage Control Board after August 1, 2015.

(1) No new permit to engage in the retail liquor business in this state may be issued by the Director of the Alcoholic Beverage Control Division for the location of any business situated within one thousand feet (1,000') of any church or schoolhouse property line.

(2) No existing permit to engage in the retail liquor business in this state may be transferred to a location within one thousand feet (1,000') of any church or schoolhouse property line.

(3) The distance specified in subdivisions (b)(1) and (2) of this section shall be measured by nearest property line point to nearest property line point.

(4) Subdivisions (b)(1) and (2) of this section apply only to an application for a new permit or the transfer of an existing permit filed with the Alcoholic Beverage Control Board after August 1, 2015.

(c) If a preliminary inspection by personnel of the Alcoholic Beverage Control Division indicates that a proposed location for a retail liquor business appears from any point to be situated between nine hundred feet (900') and one thousand one hundred feet (1,100') of a church or schoolhouse property line, the permit applicant shall submit to the division a survey of the location performed by a licensed surveyor before a permit is issued for the retail liquor business.

Amended by Act 2019, No. 983,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 491,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1172,§ 1, eff. 7/22/2015.

Acts 1975, No. 699, § 1; A.S.A. 1947, § 48-345; Acts 2001, No. 1072, § 1.
Ark. Code Ann. § 3-5-1702 — AR Code / Title 3 / Chapter 5 / Subchapter 17 / Section 3-5-1702
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Mead" means an alcoholic beverage made through the fermentation of honey as the primary ingredient. (B) "Mead" includes without limitation cyser, braggot, metheglin, and melomels; (2) (A) "Small farm winery" means a wine-making establishment that: (i) Is licensed under § 3-5-1601 et seq.; and (ii) Produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year, as reported on the winery's TTB F 5120.17 Report of Wine Premises Operations. (B) "Small farm winery" includes an establishment that produces mead; (3) "Vinous liquor" means the fermented juices of fruits containing more than five percent (5%) and not more than twenty-one percent (21%) of alcohol by weight; and (4) "Winery" means an establishment that makes vinous liquor. Amended by Act 2021, No. 271,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 271,§ 2, eff. 7/28/2021. Amended by Act 2017, No. 313,§ 1, eff. 3/1/2017. Added by Act 2013, No. 483,§ 1, eff. 8/16/2013.

As used in this subchapter:

(1) (A) "Mead" means an alcoholic beverage made through the fermentation of honey as the primary ingredient. (B) "Mead" includes without limitation cyser, braggot, metheglin, and melomels;

(A) "Mead" means an alcoholic beverage made through the fermentation of honey as the primary ingredient.

(B) "Mead" includes without limitation cyser, braggot, metheglin, and melomels;

(2) (A) "Small farm winery" means a wine-making establishment that: (i) Is licensed under § 3-5-1601 et seq.; and (ii) Produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year, as reported on the winery's TTB F 5120.17 Report of Wine Premises Operations. (B) "Small farm winery" includes an establishment that produces mead;

(A) "Small farm winery" means a wine-making establishment that: (i) Is licensed under § 3-5-1601 et seq.; and (ii) Produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year, as reported on the winery's TTB F 5120.17 Report of Wine Premises Operations.

(i) Is licensed under § 3-5-1601 et seq.; and

(ii) Produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year, as reported on the winery's TTB F 5120.17 Report of Wine Premises Operations.

(B) "Small farm winery" includes an establishment that produces mead;

(3) "Vinous liquor" means the fermented juices of fruits containing more than five percent (5%) and not more than twenty-one percent (21%) of alcohol by weight; and

(4) "Winery" means an establishment that makes vinous liquor.

Amended by Act 2021, No. 271,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 271,§ 2, eff. 7/28/2021.

Amended by Act 2017, No. 313,§ 1, eff. 3/1/2017.

Added by Act 2013, No. 483,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 3-8-706 — AR Code / Title 3 / Chapter 8 / Subchapter 7 / Section 3-8-706
Financial report - Information
Status: in_force

In addition to the information required under §§ 7-9-407 - 7-9-409 , a financial report of a local-option ballot question committee, individual person, or elected official shall contain the following information: (1) The name, address, and telephone number of the local-option ballot question committee, individual person, or elected official filing the report; (2) (A) For a local-option ballot question committee as defined in § 3-8-702(7)(A) : (i) The total amount of contributions received during the period covered by the financial report; (ii) The total amount of expenditures made by the local-option ballot question committee or on behalf of the local-option ballot question committee by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; (iii) The cumulative amount of contributions and expenditures reported under subdivision (2)(A) of this section for each local-option ballot question committee; (iv) The balance of cash and cash equivalents on hand at the beginning and the end of the period covered by the financial report; (v) The total amount of contributions received during the period covered by the financial report from persons who contributed less than fifty dollars ($50.00) and the cumulative amount of that total for each local-option ballot question committee; (vi) The total amount of contributions received during the period covered by the financial report from persons who contributed fifty dollars ($50.00) or more and the cumulative amount of that total for each local-option ballot question committee; (vii) The name and street address of each person who contributed fifty dollars ($50.00) or more during the period covered by the financial report, together with the amount contributed, the date of receipt, and the cumulative amount contributed by that person for each local-option ballot question committee; (viii) For each person listed under subdivision (2)(A) of this section, the contributor's principal place of business, employer, occupation, the amount contributed, the date the contribution was accepted by the local-option ballot question committee, and the cumulative amount contributed for each local-option ballot question; (ix) The name and address of each person who contributed a nonmoney item, together with a description of the item, the date of receipt, and the value, not including volunteer service by individuals; (x) A list of all expenditures by category, including without limitation the following: (a) Advertising; (b) Direct mail; (c) Office supplies; (d) Travel; (e) Expenses; and (f) Telephone; and (xi) The total amount of nonitemized expenditures made during the period covered by the financial report. (B) For a local-option ballot question committee as defined in § 3-8-702(7)(B) : (i) The total amount of contributions made by the committee to another ballot or legislative question committee reported during the period covered by the financial report; and (ii) The cumulative amount of contributions under subdivision (2)(B)(i) of this section. (C) For an individual person: (i) The total amount of expenditures made by the individual person or on behalf of the individual person by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; and (ii) The cumulative amount of expenditures for each local-option ballot question. (D) For an elected official using public funds: (i) The total amount of expenditures made by the elected official using public funds or on behalf of the elected official using public funds by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; and (ii) The cumulative amount of expenditures for each local-option ballot question; and (3) The name and street address of each person to whom expenditures totaling one hundred dollars ($100) or more were made by the local-option ballot question committee, individual person, or elected official using public funds or on behalf of the local-option ballot question committee, individual person, or elected official using public funds by an advertising agency, public relations firm, or political consultant, together with the date and amount of each separate expenditure to each person during the period covered by the financial report and the purpose of each expenditure. Amended by Act 2017, No. 721,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 721,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 721,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 226,§ 4, eff. 7/22/2015. Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.

In addition to the information required under §§ 7-9-407 - 7-9-409 , a financial report of a local-option ballot question committee, individual person, or elected official shall contain the following information:

(1) The name, address, and telephone number of the local-option ballot question committee, individual person, or elected official filing the report;

(2) (A) For a local-option ballot question committee as defined in § 3-8-702(7)(A) : (i) The total amount of contributions received during the period covered by the financial report; (ii) The total amount of expenditures made by the local-option ballot question committee or on behalf of the local-option ballot question committee by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; (iii) The cumulative amount of contributions and expenditures reported under subdivision (2)(A) of this section for each local-option ballot question committee; (iv) The balance of cash and cash equivalents on hand at the beginning and the end of the period covered by the financial report; (v) The total amount of contributions received during the period covered by the financial report from persons who contributed less than fifty dollars ($50.00) and the cumulative amount of that total for each local-option ballot question committee; (vi) The total amount of contributions received during the period covered by the financial report from persons who contributed fifty dollars ($50.00) or more and the cumulative amount of that total for each local-option ballot question committee; (vii) The name and street address of each person who contributed fifty dollars ($50.00) or more during the period covered by the financial report, together with the amount contributed, the date of receipt, and the cumulative amount contributed by that person for each local-option ballot question committee; (viii) For each person listed under subdivision (2)(A) of this section, the contributor's principal place of business, employer, occupation, the amount contributed, the date the contribution was accepted by the local-option ballot question committee, and the cumulative amount contributed for each local-option ballot question; (ix) The name and address of each person who contributed a nonmoney item, together with a description of the item, the date of receipt, and the value, not including volunteer service by individuals; (x) A list of all expenditures by category, including without limitation the following: (a) Advertising; (b) Direct mail; (c) Office supplies; (d) Travel; (e) Expenses; and (f) Telephone; and (xi) The total amount of nonitemized expenditures made during the period covered by the financial report. (B) For a local-option ballot question committee as defined in § 3-8-702(7)(B) : (i) The total amount of contributions made by the committee to another ballot or legislative question committee reported during the period covered by the financial report; and (ii) The cumulative amount of contributions under subdivision (2)(B)(i) of this section. (C) For an individual person: (i) The total amount of expenditures made by the individual person or on behalf of the individual person by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; and (ii) The cumulative amount of expenditures for each local-option ballot question. (D) For an elected official using public funds: (i) The total amount of expenditures made by the elected official using public funds or on behalf of the elected official using public funds by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; and (ii) The cumulative amount of expenditures for each local-option ballot question; and

(A) For a local-option ballot question committee as defined in § 3-8-702(7)(A) : (i) The total amount of contributions received during the period covered by the financial report; (ii) The total amount of expenditures made by the local-option ballot question committee or on behalf of the local-option ballot question committee by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; (iii) The cumulative amount of contributions and expenditures reported under subdivision (2)(A) of this section for each local-option ballot question committee; (iv) The balance of cash and cash equivalents on hand at the beginning and the end of the period covered by the financial report; (v) The total amount of contributions received during the period covered by the financial report from persons who contributed less than fifty dollars ($50.00) and the cumulative amount of that total for each local-option ballot question committee; (vi) The total amount of contributions received during the period covered by the financial report from persons who contributed fifty dollars ($50.00) or more and the cumulative amount of that total for each local-option ballot question committee; (vii) The name and street address of each person who contributed fifty dollars ($50.00) or more during the period covered by the financial report, together with the amount contributed, the date of receipt, and the cumulative amount contributed by that person for each local-option ballot question committee; (viii) For each person listed under subdivision (2)(A) of this section, the contributor's principal place of business, employer, occupation, the amount contributed, the date the contribution was accepted by the local-option ballot question committee, and the cumulative amount contributed for each local-option ballot question; (ix) The name and address of each person who contributed a nonmoney item, together with a description of the item, the date of receipt, and the value, not including volunteer service by individuals; (x) A list of all expenditures by category, including without limitation the following: (a) Advertising; (b) Direct mail; (c) Office supplies; (d) Travel; (e) Expenses; and (f) Telephone; and (xi) The total amount of nonitemized expenditures made during the period covered by the financial report.

(i) The total amount of contributions received during the period covered by the financial report;

(ii) The total amount of expenditures made by the local-option ballot question committee or on behalf of the local-option ballot question committee by an advertising agency, public relations firm, or political consultant during the period covered by the financial report;

(iii) The cumulative amount of contributions and expenditures reported under subdivision (2)(A) of this section for each local-option ballot question committee;

(iv) The balance of cash and cash equivalents on hand at the beginning and the end of the period covered by the financial report;

(v) The total amount of contributions received during the period covered by the financial report from persons who contributed less than fifty dollars ($50.00) and the cumulative amount of that total for each local-option ballot question committee;

(vi) The total amount of contributions received during the period covered by the financial report from persons who contributed fifty dollars ($50.00) or more and the cumulative amount of that total for each local-option ballot question committee;

(vii) The name and street address of each person who contributed fifty dollars ($50.00) or more during the period covered by the financial report, together with the amount contributed, the date of receipt, and the cumulative amount contributed by that person for each local-option ballot question committee;

(viii) For each person listed under subdivision (2)(A) of this section, the contributor's principal place of business, employer, occupation, the amount contributed, the date the contribution was accepted by the local-option ballot question committee, and the cumulative amount contributed for each local-option ballot question;

(ix) The name and address of each person who contributed a nonmoney item, together with a description of the item, the date of receipt, and the value, not including volunteer service by individuals;

(x) A list of all expenditures by category, including without limitation the following: (a) Advertising; (b) Direct mail; (c) Office supplies; (d) Travel; (e) Expenses; and (f) Telephone; and

(a) Advertising;

(b) Direct mail;

(c) Office supplies;

(d) Travel;

(e) Expenses; and

(f) Telephone; and

(xi) The total amount of nonitemized expenditures made during the period covered by the financial report.

(B) For a local-option ballot question committee as defined in § 3-8-702(7)(B) : (i) The total amount of contributions made by the committee to another ballot or legislative question committee reported during the period covered by the financial report; and (ii) The cumulative amount of contributions under subdivision (2)(B)(i) of this section.

(i) The total amount of contributions made by the committee to another ballot or legislative question committee reported during the period covered by the financial report; and

(ii) The cumulative amount of contributions under subdivision (2)(B)(i) of this section.

(C) For an individual person: (i) The total amount of expenditures made by the individual person or on behalf of the individual person by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; and (ii) The cumulative amount of expenditures for each local-option ballot question.

(i) The total amount of expenditures made by the individual person or on behalf of the individual person by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; and

(ii) The cumulative amount of expenditures for each local-option ballot question.

(D) For an elected official using public funds: (i) The total amount of expenditures made by the elected official using public funds or on behalf of the elected official using public funds by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; and (ii) The cumulative amount of expenditures for each local-option ballot question; and

(i) The total amount of expenditures made by the elected official using public funds or on behalf of the elected official using public funds by an advertising agency, public relations firm, or political consultant during the period covered by the financial report; and

(ii) The cumulative amount of expenditures for each local-option ballot question; and

(3) The name and street address of each person to whom expenditures totaling one hundred dollars ($100) or more were made by the local-option ballot question committee, individual person, or elected official using public funds or on behalf of the local-option ballot question committee, individual person, or elected official using public funds by an advertising agency, public relations firm, or political consultant, together with the date and amount of each separate expenditure to each person during the period covered by the financial report and the purpose of each expenditure.

Amended by Act 2017, No. 721,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 721,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 721,§ 2, eff. 8/1/2017.

Amended by Act 2015, No. 226,§ 4, eff. 7/22/2015.

Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 3-3-310 — AR Code / Title 3 / Chapter 3 / Subchapter 3 / Section 3-3-310
Solicitation or taking orders
Status: in_force

(a) It shall be unlawful for any person, firm, or corporation in this state in person, by letter, circular, or other printed matter, or in any other manner, to solicit or take orders in this state for any alcoholic, vinous, malt, spirituous, or fermented liquors or any compound or preparation thereof commonly called tonic, bitters, or medicated liquors, or any other liquors, bitters, or drinks prohibited by the laws of this state to be sold, bartered, or otherwise disposed of. (b) The prohibition of this section shall apply to such liquors, bitters, and drinks, whether the parties intend that the liquors, bitters, or drinks shall be shipped into this state from outside of the state or from one (1) point in this state to another point in this state. (c) The taking or soliciting of orders for the above-described liquors is within the inhibition of this section, although the orders are subject to approval by some other person, and no part of the price is paid, nor any part of the goods is delivered when the order is taken. (d) If such order is in writing, parol evidence thereof is admissible without producing or accounting for the absence of the original. (e) Upon conviction, any person, firm, or corporation violating any of the provisions of this section, except as otherwise expressly provided in this section, shall be guilty of a Class B misdemeanor. Acts 1917, No. 13, §§ 10, 19, p. 41; 1919, No. 87, § 5[7]; C. & M. Dig., §§ 6174, 6183; Pope's Dig., § 14155; A.S.A. 1947, §§ 48-916, 48-917; Acts 2005, No. 1994, § 370.

(a) It shall be unlawful for any person, firm, or corporation in this state in person, by letter, circular, or other printed matter, or in any other manner, to solicit or take orders in this state for any alcoholic, vinous, malt, spirituous, or fermented liquors or any compound or preparation thereof commonly called tonic, bitters, or medicated liquors, or any other liquors, bitters, or drinks prohibited by the laws of this state to be sold, bartered, or otherwise disposed of.

(b) The prohibition of this section shall apply to such liquors, bitters, and drinks, whether the parties intend that the liquors, bitters, or drinks shall be shipped into this state from outside of the state or from one (1) point in this state to another point in this state.

(c) The taking or soliciting of orders for the above-described liquors is within the inhibition of this section, although the orders are subject to approval by some other person, and no part of the price is paid, nor any part of the goods is delivered when the order is taken.

(d) If such order is in writing, parol evidence thereof is admissible without producing or accounting for the absence of the original.

(e) Upon conviction, any person, firm, or corporation violating any of the provisions of this section, except as otherwise expressly provided in this section, shall be guilty of a Class B misdemeanor.

Acts 1917, No. 13, §§ 10, 19, p. 41; 1919, No. 87, § 5[7]; C. & M. Dig., §§ 6174, 6183; Pope's Dig., § 14155; A.S.A. 1947, §§ 48-916, 48-917; Acts 2005, No. 1994, § 370.
Ark. Code Ann. § 3-8-209 — AR Code / Title 3 / Chapter 8 / Subchapter 2 / Section 3-8-209
Sales or furnishing place for sale in dry territory prohibited - Penalty
Status: in_force

(a) Except as provided in § 3-5-1901 et seq., it is unlawful for a person, firm, or corporation to manufacture, sell, barter, loan, or give away intoxicating liquor in a county, township, municipality, ward, or precinct in which the manufacture or sale of intoxicating liquor is prohibited under Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 . (b) (1) Upon a first conviction, any person or officers of any firm or corporation that shall manufacture, sell, barter, loan, or give away any intoxicating liquor in any territory which has been made dry under the provisions of this subchapter shall be guilty of a violation and shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (2) For a second conviction, he or she shall be guilty of a violation and fined not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000), and for any subsequent conviction shall be guilty of a Class D felony. (c) Any person or officers of a firm or corporation that knowingly furnishes or rents a house, room, wagon, vehicle, or any conveyance or thing in which intoxicating liquor is manufactured or sold, bartered, loaned, or given away in violation of prohibition secured under the provisions of this subchapter is declared to be a particeps criminis and upon conviction shall be subject to the same punishment as the principal. The house, room, wagon, vehicle, conveyance, or other thing in which the intoxicating liquor is manufactured or sold, bartered, loaned, or given away shall be liable for all fines adjudged against either the principal or the particeps criminis, or both, as defined in this subsection. Amended by Act 2019, No. 681,§ 2, eff. 7/24/2019. Init. Meas. 1942, No. 1, § 3, Acts 1943, p. 998; A.S.A. 1947, § 48-803; Acts 2005, No. 1964, § 6; 2005, No. 1994, § 419.

(a) Except as provided in § 3-5-1901 et seq., it is unlawful for a person, firm, or corporation to manufacture, sell, barter, loan, or give away intoxicating liquor in a county, township, municipality, ward, or precinct in which the manufacture or sale of intoxicating liquor is prohibited under Initiated Act No. 1 of 1942, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 .

(b) (1) Upon a first conviction, any person or officers of any firm or corporation that shall manufacture, sell, barter, loan, or give away any intoxicating liquor in any territory which has been made dry under the provisions of this subchapter shall be guilty of a violation and shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (2) For a second conviction, he or she shall be guilty of a violation and fined not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000), and for any subsequent conviction shall be guilty of a Class D felony.

(1) Upon a first conviction, any person or officers of any firm or corporation that shall manufacture, sell, barter, loan, or give away any intoxicating liquor in any territory which has been made dry under the provisions of this subchapter shall be guilty of a violation and shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).

(2) For a second conviction, he or she shall be guilty of a violation and fined not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000), and for any subsequent conviction shall be guilty of a Class D felony.

(c) Any person or officers of a firm or corporation that knowingly furnishes or rents a house, room, wagon, vehicle, or any conveyance or thing in which intoxicating liquor is manufactured or sold, bartered, loaned, or given away in violation of prohibition secured under the provisions of this subchapter is declared to be a particeps criminis and upon conviction shall be subject to the same punishment as the principal. The house, room, wagon, vehicle, conveyance, or other thing in which the intoxicating liquor is manufactured or sold, bartered, loaned, or given away shall be liable for all fines adjudged against either the principal or the particeps criminis, or both, as defined in this subsection.

Amended by Act 2019, No. 681,§ 2, eff. 7/24/2019.

Init. Meas. 1942, No. 1, § 3, Acts 1943, p. 998; A.S.A. 1947, § 48-803; Acts 2005, No. 1964, § 6; 2005, No. 1994, § 419.
Ark. Code Ann. § 3-8-203 — AR Code / Title 3 / Chapter 8 / Subchapter 2 / Section 3-8-203
Applicability of sections 3-8-201 - 3-8-203, 3-8-205 - 3-8-209
Status: in_force

Nothing in §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 is to be construed to affect manufacturers who sell their product exclusively to wholesalers. Init. Meas. 1942, No. 1, § 2, Acts 1943, p. 998; Acts 1985, No. 266, § 2; A.S.A. 1947, § 48-802.

Nothing in §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 is to be construed to affect manufacturers who sell their product exclusively to wholesalers.

Init. Meas. 1942, No. 1, § 2, Acts 1943, p. 998; Acts 1985, No. 266, § 2; A.S.A. 1947, § 48-802.
Ark. Code Ann. § 3-2-212 — AR Code / Title 3 / Chapter 2 / Subchapter 2 / Section 3-2-212
Denial, suspension, or revocation of licenses - Proceedings before division
Status: in_force

(a) All proceedings for the suspension and revocation of licenses shall be before the Director of the Alcoholic Beverage Control Division. (b) The proceedings shall be in accordance with rules established by the director and not inconsistent with law. (c) No license shall be revoked except after a hearing by the director with reasonable notice to the licensee and an opportunity to appear and defend. (d) However, the director shall not be bound by the legal rules of evidence in conducting hearings and in making his or her decisions and may take into consideration any testimony, papers, or documents which he or she may deem relevant to the issue. (e) (1) Whenever the director shall refuse an application for any license or shall suspend or revoke any license, he or she shall prepare an order so providing which shall be signed by the director or some person designated by him or her, and the seal of the director shall be affixed thereto. (2) The order shall be mailed by registered mail by the director to the applicant at the address as shown on the application or to the licensee at the address of the premises licensed, as the case may be. (3) The order shall be final and binding on all parties until the order has been appealed as provided for in § 3-2-213 and a decision has been rendered by the Alcoholic Beverage Control Board. Amended by Act 2019, No. 315,§ 38, eff. 7/24/2019. Acts 1951, No. 159, §§ 13, 14; A.S.A. 1947, §§ 48-1312, 48-1313.

(a) All proceedings for the suspension and revocation of licenses shall be before the Director of the Alcoholic Beverage Control Division.

(b) The proceedings shall be in accordance with rules established by the director and not inconsistent with law.

(c) No license shall be revoked except after a hearing by the director with reasonable notice to the licensee and an opportunity to appear and defend.

(d) However, the director shall not be bound by the legal rules of evidence in conducting hearings and in making his or her decisions and may take into consideration any testimony, papers, or documents which he or she may deem relevant to the issue.

(e) (1) Whenever the director shall refuse an application for any license or shall suspend or revoke any license, he or she shall prepare an order so providing which shall be signed by the director or some person designated by him or her, and the seal of the director shall be affixed thereto. (2) The order shall be mailed by registered mail by the director to the applicant at the address as shown on the application or to the licensee at the address of the premises licensed, as the case may be. (3) The order shall be final and binding on all parties until the order has been appealed as provided for in § 3-2-213 and a decision has been rendered by the Alcoholic Beverage Control Board.

(1) Whenever the director shall refuse an application for any license or shall suspend or revoke any license, he or she shall prepare an order so providing which shall be signed by the director or some person designated by him or her, and the seal of the director shall be affixed thereto.

(2) The order shall be mailed by registered mail by the director to the applicant at the address as shown on the application or to the licensee at the address of the premises licensed, as the case may be.

(3) The order shall be final and binding on all parties until the order has been appealed as provided for in § 3-2-213 and a decision has been rendered by the Alcoholic Beverage Control Board.

Amended by Act 2019, No. 315,§ 38, eff. 7/24/2019.

Acts 1951, No. 159, §§ 13, 14; A.S.A. 1947, §§ 48-1312, 48-1313.
Ark. Code Ann. § 3-8-713 — AR Code / Title 3 / Chapter 8 / Subchapter 7 / Section 3-8-713
Applicability of sections 3-8-711 and 3-8-712
Status: in_force

This subchapter does not apply to state funds appropriated to any elected officials. Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.

This subchapter does not apply to state funds appropriated to any elected officials.

Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 3-5-1708 — AR Code / Title 3 / Chapter 5 / Subchapter 17 / Section 3-5-1708
Disposition of funds
Status: in_force

(a) Permit fees or taxes, label fees, penalties, fines, proceeds of all forfeitures, special inspection fees, and costs received by the Secretary of the Department of Finance and Administration under this subchapter shall be general revenues and shall be deposited into the State Treasury to the credit of the State Apportionment Fund. (b) The Treasurer of State shall allocate and transfer those revenues to the various State Treasury funds participating in general revenues in the respective proportions to each as provided by and to be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq. Amended by Act 2019, No. 910,§ 3329, eff. 7/1/2019. Added by Act 2013, No. 483,§ 1, eff. 8/16/2013.

(a) Permit fees or taxes, label fees, penalties, fines, proceeds of all forfeitures, special inspection fees, and costs received by the Secretary of the Department of Finance and Administration under this subchapter shall be general revenues and shall be deposited into the State Treasury to the credit of the State Apportionment Fund.

(b) The Treasurer of State shall allocate and transfer those revenues to the various State Treasury funds participating in general revenues in the respective proportions to each as provided by and to be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq.

Amended by Act 2019, No. 910,§ 3329, eff. 7/1/2019.

Added by Act 2013, No. 483,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 3-5-601 — AR Code / Title 3 / Chapter 5 / Subchapter 6 / Section 3-5-601
Legislative determinations and intent
Status: in_force

(a) (1) The General Assembly finds and determines that, due to extremely high prices of cane sugar and in view of the difficulty Arkansas wineries experience in obtaining dependable supplies of liquid corn sugar used as fermentation sugars in the production of native wines in this state and in view of the fact that many fruits such as apples, berries, peaches, and American varieties of grapes such as Concord and Niagara, which are easily produced in Arkansas, are low in sufficient sugar content in many growing seasons to produce sound, stable wine and because of resulting extremely low alcohol content, the addition of sugar is essential to production of quality-consistent, stable wines. (2) It is essential that the rules pertaining to the production of native wines in this state be modified to permit Arkansas wineries to use various other sources of sugar that have been approved for wine production under applicable federal regulations. (b) (1) It is further determined by the General Assembly that in view of federal laws prohibiting the use of artifical flavoring in the production of natural wines it is essential for wineries to use natural fruit flavors and essences, that there is a lack of natural fruit flavor and natural essence produced in Arkansas due to the climatic conditions of this state, for example, vermouth herbs, etc., commonly imported from Europe, and that the lack of natural fruit flavor and natural essence and herbs is causing a severe drop in the sale of Arkansas native wines. (2) More and newer flavors of grape and apple wines are being produced, largely by wineries in the major wine-producing states and foreign countries, making it extremely difficult for Arkansas wineries to increase the exportation of native wine produced in this state into other states. (3) It is in the interest of the fruit and vegetable growers in this state that Arkansas wineries be able to obtain the necessary natural fruit flavors and essences required to flavor and supplement Arkansas native wines produced in this state, thereby permitting Arkansas wineries to offer to the public a broader variety of native wines and, through increased wine production, experience an increasing demand for production of fruits and vegetables in this state which are used in the production of native wines, thereby resulting in gains in employment for the citizens of this state. (c) (1) The General Assembly further determines that it was the purpose and intent of the Native Wine Law to promote the increased marketing and exportation of Arkansas fruits and vegetables in the form of wine and that it was not the intent of the Native Wine Law to curtail the expansion of Arkansas wineries by restricting the supply of raw materials when the supply of any particular raw material within the State of Arkansas is insufficient to sustain a properly aging quality-controlled wine product line. (2) The General Assembly recognizes that acts of God - storms, hail, early spring frost, root bore disease, or other natural factors - or inadequate acreage of fruit needed to sustain the product line may cause an insufficiency in the supply of particular raw materials essential in the production of wine. (3) The General Assembly further recognizes that many farmers in this state tend to overplant more frostproof varieties of grapes which produce heavy tonnages of grapes that, when converted into wine, result in overproduction of a particular type of wine, which is difficult to sell unless blended with other types of wines to make the same easily marketable. (4) These factors and adverse circumstances, coupled with skyrocketing production costs and substantial increases in sugar prices, are causing a decline in the sale of Arkansas wines which may force wineries out of business, with a resulting loss of an established market for the sale of Arkansas grapes and other fruits and vegetables which are produced for sale to wineries. (d) (1) The General Assembly is aware of the laws of other states having native wine laws which have adopted the federal laws and regulations as pertaining to the appellation of origin and the blending and proper labeling of wines, which allow a wine to carry the name of the state in which produced on its label as long as seventy-five percent (75%) of the fruit or materials from which the wine is made is grown within the state designated on the label. (2) Wineries in other states are thereby enjoying greater flexibility in overcoming weather damage which enables them to market and produce nationally with greater ease. The enactment of comparable provisions is essential to assure that Arkansas wineries and fruit and vegetable growers who sell and produce fruits and vegetables to be used in making wine have a fair competitive position with wineries of other states. Amended by Act 2019, No. 315,§ 67, eff. 7/24/2019. Acts 1975, No. 675, §§ 2, 4; A.S.A. 1947, §§ 48-634n, 48-635n.

(a) (1) The General Assembly finds and determines that, due to extremely high prices of cane sugar and in view of the difficulty Arkansas wineries experience in obtaining dependable supplies of liquid corn sugar used as fermentation sugars in the production of native wines in this state and in view of the fact that many fruits such as apples, berries, peaches, and American varieties of grapes such as Concord and Niagara, which are easily produced in Arkansas, are low in sufficient sugar content in many growing seasons to produce sound, stable wine and because of resulting extremely low alcohol content, the addition of sugar is essential to production of quality-consistent, stable wines. (2) It is essential that the rules pertaining to the production of native wines in this state be modified to permit Arkansas wineries to use various other sources of sugar that have been approved for wine production under applicable federal regulations.

(1) The General Assembly finds and determines that, due to extremely high prices of cane sugar and in view of the difficulty Arkansas wineries experience in obtaining dependable supplies of liquid corn sugar used as fermentation sugars in the production of native wines in this state and in view of the fact that many fruits such as apples, berries, peaches, and American varieties of grapes such as Concord and Niagara, which are easily produced in Arkansas, are low in sufficient sugar content in many growing seasons to produce sound, stable wine and because of resulting extremely low alcohol content, the addition of sugar is essential to production of quality-consistent, stable wines.

(2) It is essential that the rules pertaining to the production of native wines in this state be modified to permit Arkansas wineries to use various other sources of sugar that have been approved for wine production under applicable federal regulations.

(b) (1) It is further determined by the General Assembly that in view of federal laws prohibiting the use of artifical flavoring in the production of natural wines it is essential for wineries to use natural fruit flavors and essences, that there is a lack of natural fruit flavor and natural essence produced in Arkansas due to the climatic conditions of this state, for example, vermouth herbs, etc., commonly imported from Europe, and that the lack of natural fruit flavor and natural essence and herbs is causing a severe drop in the sale of Arkansas native wines. (2) More and newer flavors of grape and apple wines are being produced, largely by wineries in the major wine-producing states and foreign countries, making it extremely difficult for Arkansas wineries to increase the exportation of native wine produced in this state into other states. (3) It is in the interest of the fruit and vegetable growers in this state that Arkansas wineries be able to obtain the necessary natural fruit flavors and essences required to flavor and supplement Arkansas native wines produced in this state, thereby permitting Arkansas wineries to offer to the public a broader variety of native wines and, through increased wine production, experience an increasing demand for production of fruits and vegetables in this state which are used in the production of native wines, thereby resulting in gains in employment for the citizens of this state.

(1) It is further determined by the General Assembly that in view of federal laws prohibiting the use of artifical flavoring in the production of natural wines it is essential for wineries to use natural fruit flavors and essences, that there is a lack of natural fruit flavor and natural essence produced in Arkansas due to the climatic conditions of this state, for example, vermouth herbs, etc., commonly imported from Europe, and that the lack of natural fruit flavor and natural essence and herbs is causing a severe drop in the sale of Arkansas native wines.

(2) More and newer flavors of grape and apple wines are being produced, largely by wineries in the major wine-producing states and foreign countries, making it extremely difficult for Arkansas wineries to increase the exportation of native wine produced in this state into other states.

(3) It is in the interest of the fruit and vegetable growers in this state that Arkansas wineries be able to obtain the necessary natural fruit flavors and essences required to flavor and supplement Arkansas native wines produced in this state, thereby permitting Arkansas wineries to offer to the public a broader variety of native wines and, through increased wine production, experience an increasing demand for production of fruits and vegetables in this state which are used in the production of native wines, thereby resulting in gains in employment for the citizens of this state.

(c) (1) The General Assembly further determines that it was the purpose and intent of the Native Wine Law to promote the increased marketing and exportation of Arkansas fruits and vegetables in the form of wine and that it was not the intent of the Native Wine Law to curtail the expansion of Arkansas wineries by restricting the supply of raw materials when the supply of any particular raw material within the State of Arkansas is insufficient to sustain a properly aging quality-controlled wine product line. (2) The General Assembly recognizes that acts of God - storms, hail, early spring frost, root bore disease, or other natural factors - or inadequate acreage of fruit needed to sustain the product line may cause an insufficiency in the supply of particular raw materials essential in the production of wine. (3) The General Assembly further recognizes that many farmers in this state tend to overplant more frostproof varieties of grapes which produce heavy tonnages of grapes that, when converted into wine, result in overproduction of a particular type of wine, which is difficult to sell unless blended with other types of wines to make the same easily marketable. (4) These factors and adverse circumstances, coupled with skyrocketing production costs and substantial increases in sugar prices, are causing a decline in the sale of Arkansas wines which may force wineries out of business, with a resulting loss of an established market for the sale of Arkansas grapes and other fruits and vegetables which are produced for sale to wineries.

(1) The General Assembly further determines that it was the purpose and intent of the Native Wine Law to promote the increased marketing and exportation of Arkansas fruits and vegetables in the form of wine and that it was not the intent of the Native Wine Law to curtail the expansion of Arkansas wineries by restricting the supply of raw materials when the supply of any particular raw material within the State of Arkansas is insufficient to sustain a properly aging quality-controlled wine product line.

(2) The General Assembly recognizes that acts of God - storms, hail, early spring frost, root bore disease, or other natural factors - or inadequate acreage of fruit needed to sustain the product line may cause an insufficiency in the supply of particular raw materials essential in the production of wine.

(3) The General Assembly further recognizes that many farmers in this state tend to overplant more frostproof varieties of grapes which produce heavy tonnages of grapes that, when converted into wine, result in overproduction of a particular type of wine, which is difficult to sell unless blended with other types of wines to make the same easily marketable.

(4) These factors and adverse circumstances, coupled with skyrocketing production costs and substantial increases in sugar prices, are causing a decline in the sale of Arkansas wines which may force wineries out of business, with a resulting loss of an established market for the sale of Arkansas grapes and other fruits and vegetables which are produced for sale to wineries.

(d) (1) The General Assembly is aware of the laws of other states having native wine laws which have adopted the federal laws and regulations as pertaining to the appellation of origin and the blending and proper labeling of wines, which allow a wine to carry the name of the state in which produced on its label as long as seventy-five percent (75%) of the fruit or materials from which the wine is made is grown within the state designated on the label. (2) Wineries in other states are thereby enjoying greater flexibility in overcoming weather damage which enables them to market and produce nationally with greater ease. The enactment of comparable provisions is essential to assure that Arkansas wineries and fruit and vegetable growers who sell and produce fruits and vegetables to be used in making wine have a fair competitive position with wineries of other states.

(1) The General Assembly is aware of the laws of other states having native wine laws which have adopted the federal laws and regulations as pertaining to the appellation of origin and the blending and proper labeling of wines, which allow a wine to carry the name of the state in which produced on its label as long as seventy-five percent (75%) of the fruit or materials from which the wine is made is grown within the state designated on the label.

(2) Wineries in other states are thereby enjoying greater flexibility in overcoming weather damage which enables them to market and produce nationally with greater ease. The enactment of comparable provisions is essential to assure that Arkansas wineries and fruit and vegetable growers who sell and produce fruits and vegetables to be used in making wine have a fair competitive position with wineries of other states.

Amended by Act 2019, No. 315,§ 67, eff. 7/24/2019.

Acts 1975, No. 675, §§ 2, 4; A.S.A. 1947, §§ 48-634n, 48-635n.
Ark. Code Ann. § 3-4-103 — AR Code / Title 3 / Chapter 4 / Subchapter 1 / Section 3-4-103
Fiduciaries - Continuation of permitted business
Status: in_force

(a) If a corporation or copartnership holding a permit under this act shall be dissolved, or if a receiver or assignee for the benefit of creditors is appointed therefor, or if a receiver or assignee for the benefit of creditors or a committee of the property of an individual holding a permit is appointed during the time for which the permit was granted, or if a person holding a permit dies during the term for which the permit was given, then the corporation, copartnership, receiver, or assignee, or the administrator or executor of the estate of the individual, or a committee of the property of a person adjudged to be incompetent may continue to carry on the business upon the premises for a period not to exceed twenty-four (24) months from such date of dissolution or appointment or death. The successors in interest shall be allowed to renew the permit as if the original permittee were still in place and the said successor in interest may operate the said business with the same right and subject to the same restrictions and liabilities as if he or she had been the original applicant for and the original holder of the permit, provided the approval of the Director of the Alcoholic Beverage Control Division shall be first obtained. (b) Before continuing the business, the receiver, assignee, individual, or committee shall file a statement setting forth in such form and substance as the director may prescribe by rule the facts and circumstances by which they have succeeded to the rights of the original permittee. (c) The director may, in his or her discretion, permit the continuance of the business or may refuse to do so. (d) In the event that the director determines to permit the continuance of the business, the permit shall be submitted to the director, and shall have written or stamped across the face of the permit, and signed by the director, the following words: "(Here insert the name of the person) is permitted to manufacture or sell (as the case may be) malt, vinous, or spirituous liquors, as (here insert the representative capacity, whether as assignee, receiver, executor, administrator, or otherwise) of the original permittee for the unexpired term." (e) For each endorsement, a fee of five dollars ($5.00) shall be paid to the Secretary of the Department of Finance and Administration by the applicant, which shall be paid into the same fund as other permit fees herein provided. Amended by Act 2019, No. 910,§ 3305, eff. 7/1/2019. Acts 1935, No. 108, Art. 3, § 19; Pope's Dig., § 14124; A.S.A. 1947, § 48-319; Acts 1995, No. 652, § 7.

(a) If a corporation or copartnership holding a permit under this act shall be dissolved, or if a receiver or assignee for the benefit of creditors is appointed therefor, or if a receiver or assignee for the benefit of creditors or a committee of the property of an individual holding a permit is appointed during the time for which the permit was granted, or if a person holding a permit dies during the term for which the permit was given, then the corporation, copartnership, receiver, or assignee, or the administrator or executor of the estate of the individual, or a committee of the property of a person adjudged to be incompetent may continue to carry on the business upon the premises for a period not to exceed twenty-four (24) months from such date of dissolution or appointment or death. The successors in interest shall be allowed to renew the permit as if the original permittee were still in place and the said successor in interest may operate the said business with the same right and subject to the same restrictions and liabilities as if he or she had been the original applicant for and the original holder of the permit, provided the approval of the Director of the Alcoholic Beverage Control Division shall be first obtained.

(b) Before continuing the business, the receiver, assignee, individual, or committee shall file a statement setting forth in such form and substance as the director may prescribe by rule the facts and circumstances by which they have succeeded to the rights of the original permittee.

(c) The director may, in his or her discretion, permit the continuance of the business or may refuse to do so.

(d) In the event that the director determines to permit the continuance of the business, the permit shall be submitted to the director, and shall have written or stamped across the face of the permit, and signed by the director, the following words: "(Here insert the name of the person) is permitted to manufacture or sell (as the case may be) malt, vinous, or spirituous liquors, as (here insert the representative capacity, whether as assignee, receiver, executor, administrator, or otherwise) of the original permittee for the unexpired term."

"(Here insert the name of the person) is permitted to manufacture or sell (as the case may be) malt, vinous, or spirituous liquors, as (here insert the representative capacity, whether as assignee, receiver, executor, administrator, or otherwise) of the original permittee for the unexpired term."

(e) For each endorsement, a fee of five dollars ($5.00) shall be paid to the Secretary of the Department of Finance and Administration by the applicant, which shall be paid into the same fund as other permit fees herein provided.

Amended by Act 2019, No. 910,§ 3305, eff. 7/1/2019.

Acts 1935, No. 108, Art. 3, § 19; Pope's Dig., § 14124; A.S.A. 1947, § 48-319; Acts 1995, No. 652, § 7.
Ark. Code Ann. § 3-8-811 — AR Code / Title 3 / Chapter 8 / Subchapter 8 / Section 3-8-811
Count of signatures
Status: in_force

(a) Upon the initial filing of a petition under this subchapter, the official charged with verifying the signatures shall: (1) Perform an initial count of the signatures; and (2) Determine whether the petition contains, on its face and before verification of the signatures of registered voters, the designated number of signatures required by the Arkansas Constitution and statutory law in order to call an election. (b) A petition part and all signatures appearing on the petition part shall not be counted for any purpose by the official charged with verifying the signatures, including the initial count of signatures, if one (1) or more of the following is true: (1) The petition is not an original petition, including without limitation a petition that is photocopied or is a facsimile transmission; (2) The petition lacks the signature, printed name, and residence address of the canvasser or is signed by more than one (1) canvasser; (3) (A) The canvasser is a paid canvasser whose name and the information required under § 3-8-802 were not submitted by the sponsor to the county clerk before the petitioner signed the petition. (B) A canvasser is a paid canvasser if he or she is paid money or anything of value for soliciting signatures before or after the signatures are obtained; (4) The canvasser verification is not notarized, is notarized by more than one (1) notary, or lacks a notary signature or a notary seal; (5) The canvasser verification is dated earlier than the date on which a petitioner signed the petition; (6) The petition part clearly and unmistakably contains signatures of petitioners from more than one (1) county unless each signature of a petitioner from another county is clearly stricken before the filing of the petition with the county clerk; or (7) The petition part has a material defect that, on its face, renders the petition part invalid. (c) The following signatures shall not be counted for any purpose by the official charged with verifying the signatures, including the initial count of signatures: (1) A signature that is not an original signature; (2) A signature that is obviously not that of the purported petitioner; (3) A signature that is illegible and is accompanied by no personally identifying information; (4) A signature for which the corresponding printed name, address, or birthdate is written by someone other than the signer except under circumstances of disability of the signer; and (5) A signature that has any other material defect that, on its face, renders the signature invalid. Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.

(a) Upon the initial filing of a petition under this subchapter, the official charged with verifying the signatures shall: (1) Perform an initial count of the signatures; and (2) Determine whether the petition contains, on its face and before verification of the signatures of registered voters, the designated number of signatures required by the Arkansas Constitution and statutory law in order to call an election.

(1) Perform an initial count of the signatures; and

(2) Determine whether the petition contains, on its face and before verification of the signatures of registered voters, the designated number of signatures required by the Arkansas Constitution and statutory law in order to call an election.

(b) A petition part and all signatures appearing on the petition part shall not be counted for any purpose by the official charged with verifying the signatures, including the initial count of signatures, if one (1) or more of the following is true: (1) The petition is not an original petition, including without limitation a petition that is photocopied or is a facsimile transmission; (2) The petition lacks the signature, printed name, and residence address of the canvasser or is signed by more than one (1) canvasser; (3) (A) The canvasser is a paid canvasser whose name and the information required under § 3-8-802 were not submitted by the sponsor to the county clerk before the petitioner signed the petition. (B) A canvasser is a paid canvasser if he or she is paid money or anything of value for soliciting signatures before or after the signatures are obtained; (4) The canvasser verification is not notarized, is notarized by more than one (1) notary, or lacks a notary signature or a notary seal; (5) The canvasser verification is dated earlier than the date on which a petitioner signed the petition; (6) The petition part clearly and unmistakably contains signatures of petitioners from more than one (1) county unless each signature of a petitioner from another county is clearly stricken before the filing of the petition with the county clerk; or (7) The petition part has a material defect that, on its face, renders the petition part invalid.

(1) The petition is not an original petition, including without limitation a petition that is photocopied or is a facsimile transmission;

(2) The petition lacks the signature, printed name, and residence address of the canvasser or is signed by more than one (1) canvasser;

(3) (A) The canvasser is a paid canvasser whose name and the information required under § 3-8-802 were not submitted by the sponsor to the county clerk before the petitioner signed the petition. (B) A canvasser is a paid canvasser if he or she is paid money or anything of value for soliciting signatures before or after the signatures are obtained;

(A) The canvasser is a paid canvasser whose name and the information required under § 3-8-802 were not submitted by the sponsor to the county clerk before the petitioner signed the petition.

(B) A canvasser is a paid canvasser if he or she is paid money or anything of value for soliciting signatures before or after the signatures are obtained;

(4) The canvasser verification is not notarized, is notarized by more than one (1) notary, or lacks a notary signature or a notary seal;

(5) The canvasser verification is dated earlier than the date on which a petitioner signed the petition;

(6) The petition part clearly and unmistakably contains signatures of petitioners from more than one (1) county unless each signature of a petitioner from another county is clearly stricken before the filing of the petition with the county clerk; or

(7) The petition part has a material defect that, on its face, renders the petition part invalid.

(c) The following signatures shall not be counted for any purpose by the official charged with verifying the signatures, including the initial count of signatures: (1) A signature that is not an original signature; (2) A signature that is obviously not that of the purported petitioner; (3) A signature that is illegible and is accompanied by no personally identifying information; (4) A signature for which the corresponding printed name, address, or birthdate is written by someone other than the signer except under circumstances of disability of the signer; and (5) A signature that has any other material defect that, on its face, renders the signature invalid.

(1) A signature that is not an original signature;

(2) A signature that is obviously not that of the purported petitioner;

(3) A signature that is illegible and is accompanied by no personally identifying information;

(4) A signature for which the corresponding printed name, address, or birthdate is written by someone other than the signer except under circumstances of disability of the signer; and

(5) A signature that has any other material defect that, on its face, renders the signature invalid.

Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.
Ark. Code Ann. § 3-5-210 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-210
Sale or manufacture without state permit unlawful
Status: in_force

(a) Except as provided in subsection (b) of this section, any person that shall brew, manufacture, or sell any liquor as defined by this subchapter without first having secured a permit from the Director of the Alcoholic Beverage Control Division authorizing the brewing, manufacturing, or sale of such liquor shall be guilty of a Class B misdemeanor. (b) Home manufacturers of beer or wine in quantities not to exceed two hundred gallons (200 gals.) per year shall be exempt as provided in § 3-5-205(f)(2) and § 3-5-207(b) from the permit requirements for the manufacture of beer and wine and shall not be prosecuted for brewing or manufacturing beer or wine without a permit. Acts 1933 (1st Ex. Sess.), No. 7, § 12; Pope's Dig., § 14204; A.S.A. 1947, § 48-513; Acts 1995, No. 1051, § 4; 2001, No. 1813, § 3; 2005, No. 1994, § 372.

(a) Except as provided in subsection (b) of this section, any person that shall brew, manufacture, or sell any liquor as defined by this subchapter without first having secured a permit from the Director of the Alcoholic Beverage Control Division authorizing the brewing, manufacturing, or sale of such liquor shall be guilty of a Class B misdemeanor.

(b) Home manufacturers of beer or wine in quantities not to exceed two hundred gallons (200 gals.) per year shall be exempt as provided in § 3-5-205(f)(2) and § 3-5-207(b) from the permit requirements for the manufacture of beer and wine and shall not be prosecuted for brewing or manufacturing beer or wine without a permit.

Acts 1933 (1st Ex. Sess.), No. 7, § 12; Pope's Dig., § 14204; A.S.A. 1947, § 48-513; Acts 1995, No. 1051, § 4; 2001, No. 1813, § 3; 2005, No. 1994, § 372.
Ark. Code Ann. § 3-9-202 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-202
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Alcoholic beverages" means all intoxicating liquors of any sort, other than beer and wine as described and regulated in §§ 3-5-301 - 3-5-307 , and 3-9-301 et seq., respectively; (2) "Bed and breakfast private club" means a corporation, partnership, individual, or limited liability corporation whose primary function is to provide overnight accommodations to the public, not exceeding a total of twenty (20) guest rooms on the premises, whether operated by the business owner or not, where the owner or a person representing the owner lives on the premises, where a breakfast meal is served to the lodging guest, and where no restaurant on the premises is open to the public except for the lodging guest; (3) "Board" means the Alcoholic Beverage Control Board of this state, or its successor agency; (4) "City" means any city of the first class or city of the second class in this state; (5) "Director" means the Director of the Alcoholic Beverage Control Division; (6) "Dry area" means any area in which the manufacture or sale of intoxicating liquor is prohibited by a local option election heretofore or hereafter held pursuant to the Initiated Act; (7) "Guest" means a person who orders and is served a meal inside a restaurant during regular hours; (8) "Hotel" means every building or other structure commonly referred to as a hotel, motel, motor hotel, motor lodge, or by similar name, which is kept, used, maintained, advertised, and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers or guests, whether transient, permanent, or residential, in which fifty (50) or more rooms are used for the sleeping accommodations of such guests, and having one (1) or more public dining rooms with adequate and sanitary kitchen facilities, and a seating capacity for at least fifty (50) persons, where meals are regularly served to such guests, such sleeping accommodations and dining room being conducted in the same building or in separate buildings or structures used in connection therewith that are on the same premises and are a part of the hotel operation; (9) "Initiated Act" means Initiated Act No. 1 of 1942, as amended, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , which establishes the procedure for local option elections to prohibit the manufacture or sale of intoxicating liquor; (10) "Large event facility" means a facility that houses convention center activity, tourism activity, trade show and product display and related meeting activity, or any other similar large meeting or attendance activity and that either itself or through one (1) or more independent contractors complies with all of the following: (A) Serves full and complete meals and food on the premises; (B) Has one (1) or more places for food service on the premises with a seating capacity for not fewer than five hundred (500) people; and (C) Employs a sufficient number and kind of employees to serve meals and food on the premises capable of handling at least five hundred (500) people; (11) "Meal" means the usual assortment of food commonly ordered at various hours of the day; (12) "On-premises consumption" means the sale of alcoholic beverages by the drink or in broken or unsealed containers for consumption on the premises where sold or within the boundaries of a designated entertainment district established under § 14-54-1412 that is contiguous with the premises; (13) "Person" means any natural person, partnership, association, or corporation; (14) (A) (i) "Private club" means a nonprofit corporation organized and existing under the laws of this state, no part of the net revenues of which shall inure directly or indirectly to the benefit of any of its members or any other individual, except for the payment of bona fide expenses of the club's operations, and which is conducted for some common recreational, social, patriotic, political, national, benevolent, athletic, community hospitality, professional association, entertainment, or other nonprofit object or purpose other than the consumption of alcoholic beverages. (ii) The nonprofit corporation shall have been in existence for a period of not less than one (1) year before applying for a permit, as prescribed in this subchapter. (iii) At the time of application for the permit, the nonprofit corporation must have not fewer than one hundred (100) members and at the time of application must own or lease, be the holder of a buy-sell agreement or offer and acceptance, or have an option to lease a building, property, or space therein for the reasonable comfort and accommodation of its members and their families and guests and restrict the use of club facilities to those persons. (B) For purposes of this subdivision (14), a person shall be required to become a member of the private club in any wet area of the state only upon ordering an alcoholic beverage as defined under subdivision (1) of this section. (C) Furthermore, where the business entity that holds a private club permit additionally holds a retail beer permit, retail wine for consumption on the premises permit, or cafe or restaurant wine permit, the hours of operation authorized for the private club shall likewise apply to all permits of the business entity; (15) "Referendum election" means an election held as provided in this subchapter, at which the electors of a city or county shall vote on the question of authorizing, as provided herein, the sale of alcoholic beverages for on-premises consumption in those areas of the city or county in which the lawful sale of alcoholic beverages has not been prohibited by a local option election held pursuant to the Initiated Act; and (16) "Restaurant" means any public or private place: (A) (i) That is primarily engaged in the business of serving a meal for consumption on the premises to a guest and has a suitable kitchen facility to serve the entire menu approved by the Alcoholic Beverage Control Division. (ii) The menu shall contain a selection of food and shall not be limited to sandwiches or salads. (iii) The kitchen shall: (a) Have adequate refrigeration to preserve the food on the menu; (b) Be kept in a sanitary condition; and (c) Comply with the rules of the Department of Health. (iv) Food from the menu shall be available from opening time until two (2) hours before closing time; or (B) (i) That qualifies as a "large meeting or attendance facility", which is defined, without limitation, as a facility housing convention center activity, tourism activity, trade show and product display and related meeting activity, or any other similar large meeting or attendance activity and which either itself or through one (1) or more independent contractors complies with all of the following: (a) Actually serves full and complete meals and food on the premises; (b) Has one (1) or more places for food service on the premises with a seating capacity for not fewer than five hundred (500) people; (c) Employs a sufficient number and kind of employees to serve meals and food on the premises capable of handling at least five hundred (500) people; and (d) Serves alcoholic beverages on the premises at one (1) or more places only on days that meals and food are served at one (1) or more places on the premises. (ii) (a) Any on-premises restaurant permittee as licensed by subdivision (16)(A) of this section and any hotel or motel on-premises permittee as licensed by subdivision (8) of this section shall be allowed to serve alcoholic beverages purchased under its permit at any large meeting or attendance facility which is licensed under this subdivision (16)(B). Hotel, motel, and restaurant permittees may serve alcoholic beverages purchased under their permits only when they have first secured written permission from the permittee of the large meeting or attendance facility. Otherwise, alcoholic beverage service at the large meeting or attendance facility shall be from inventory purchased by the large meeting or attendance facility permittee. (b) Written permission shall not be granted for more than a five-day period. The division shall be given a copy of any such written agreement. Any violations which occur while such permission is being used shall lie against the hotel, motel, or restaurant using such permission. (c) Any hotel, motel, or restaurant that serves its alcoholic beverages at a large meeting or attendance facility shall only do so pursuant to a satellite catering permit to be issued by the division for an annual fee of five hundred dollars ($500) per fiscal year or part thereof. The permit shall be applied for on forms as prescribed by the board. (d) The board shall promulgate such rules as it deems necessary to implement subdivisions (16)(B)(ii) (a) - (c) of this section. (iii) When a large attendance facilities permit has been issued to a government-owned facility located in a county that has a population of more than one hundred fifty-five thousand (155,000) according to the 2000 Federal Decennial Census, Arkansas-licensed beer wholesalers shall be allowed to pay for advertising devices used at the government-owned facility. Such advertising devices shall include items such as inside or outside signs, scoreboards, programs, scorecards, and the like. Provided, if such advertising by the beer wholesaler results in the formation or existence of an exclusive buying arrangement by the large attendance facilities permittee and the wholesaler who furnishes such items, then such an exclusive buying arrangement will be a violation of the large attendance facilities permit and the wholesale beer permit involved even if the arrangements are caused by third parties. To the extent that § 3-5-214 or any other law could be interpreted to preclude such advertising arrangements allowed in this subdivision (16)(B)(iii), they are held inapplicable. (iv) (a) When a large attendance facilities permit has been issued to a facility owned or operated by the owner of a professional sports team franchised by Minor League Baseball and within a county that has a population of more than one hundred fifty-five thousand (155,000) according to the 2000 Federal Decennial Census, the operator of the facility may accept sponsorship funds, advertising items, or promotional items from licensed beer wholesalers. Promotional items shall include items used by the facility to promote attendance. (b) However, if the use of sponsorship funds, advertising items, or promotional items by the beer wholesaler results in the formation or existence of an exclusive buying arrangement by the large attendance facilities permittee and the wholesaler who furnishes the sponsorship funds, advertising items, or promotional items, then the exclusive buying arrangement will be a violation of the large attendance facilities permit and the wholesaler's wholesale beer permit even if the arrangements are caused by third parties. (c) Section 3-5-214 or any other law that could be interpreted to preclude arrangements to use the sponsorship funds, advertising items, or promotional items allowed in this subdivision (16)(B)(iv) shall not apply to this subdivision (16)(B)(iv). Amended by Act 2021, No. 874,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 97, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 96, eff. 7/24/2019. Amended by Act 2013, No. 1100,§ 2, eff. 4/11/2013. Amended by Act 2013, No. 1100,§ 1, eff. 4/11/2013. Acts 1969, No. 132, § 2; 1985, No. 384, § 1; A.S.A. 1947, § 48-1402; Acts 1989, No. 295, § 3; 1989, No. 837, § 1; 1989, No. 953, § 1; 1993, No. 403, § 2; 1995, No. 536, § 2; 1995, No. 600, § 1; 1999, No. 1063, § 1; 1999, No. 1371, § 1; 1999, No. 1597, § 1; 2003, No. 369, § 1; 2003, No. 1813, § 1; 2005, No. 445, § 1; 2007, No. 642, § 1; 2011, No. 1194, § 2.

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

(1) "Alcoholic beverages" means all intoxicating liquors of any sort, other than beer and wine as described and regulated in §§ 3-5-301 - 3-5-307 , and 3-9-301 et seq., respectively;

(2) "Bed and breakfast private club" means a corporation, partnership, individual, or limited liability corporation whose primary function is to provide overnight accommodations to the public, not exceeding a total of twenty (20) guest rooms on the premises, whether operated by the business owner or not, where the owner or a person representing the owner lives on the premises, where a breakfast meal is served to the lodging guest, and where no restaurant on the premises is open to the public except for the lodging guest;

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

(4) "City" means any city of the first class or city of the second class in this state;

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

(6) "Dry area" means any area in which the manufacture or sale of intoxicating liquor is prohibited by a local option election heretofore or hereafter held pursuant to the Initiated Act;

(7) "Guest" means a person who orders and is served a meal inside a restaurant during regular hours;

(8) "Hotel" means every building or other structure commonly referred to as a hotel, motel, motor hotel, motor lodge, or by similar name, which is kept, used, maintained, advertised, and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers or guests, whether transient, permanent, or residential, in which fifty (50) or more rooms are used for the sleeping accommodations of such guests, and having one (1) or more public dining rooms with adequate and sanitary kitchen facilities, and a seating capacity for at least fifty (50) persons, where meals are regularly served to such guests, such sleeping accommodations and dining room being conducted in the same building or in separate buildings or structures used in connection therewith that are on the same premises and are a part of the hotel operation;

(9) "Initiated Act" means Initiated Act No. 1 of 1942, as amended, §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 , which establishes the procedure for local option elections to prohibit the manufacture or sale of intoxicating liquor;

(10) "Large event facility" means a facility that houses convention center activity, tourism activity, trade show and product display and related meeting activity, or any other similar large meeting or attendance activity and that either itself or through one (1) or more independent contractors complies with all of the following: (A) Serves full and complete meals and food on the premises; (B) Has one (1) or more places for food service on the premises with a seating capacity for not fewer than five hundred (500) people; and (C) Employs a sufficient number and kind of employees to serve meals and food on the premises capable of handling at least five hundred (500) people;

(A) Serves full and complete meals and food on the premises;

(B) Has one (1) or more places for food service on the premises with a seating capacity for not fewer than five hundred (500) people; and

(C) Employs a sufficient number and kind of employees to serve meals and food on the premises capable of handling at least five hundred (500) people;

(11) "Meal" means the usual assortment of food commonly ordered at various hours of the day;

(12) "On-premises consumption" means the sale of alcoholic beverages by the drink or in broken or unsealed containers for consumption on the premises where sold or within the boundaries of a designated entertainment district established under § 14-54-1412 that is contiguous with the premises;

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

(14) (A) (i) "Private club" means a nonprofit corporation organized and existing under the laws of this state, no part of the net revenues of which shall inure directly or indirectly to the benefit of any of its members or any other individual, except for the payment of bona fide expenses of the club's operations, and which is conducted for some common recreational, social, patriotic, political, national, benevolent, athletic, community hospitality, professional association, entertainment, or other nonprofit object or purpose other than the consumption of alcoholic beverages. (ii) The nonprofit corporation shall have been in existence for a period of not less than one (1) year before applying for a permit, as prescribed in this subchapter. (iii) At the time of application for the permit, the nonprofit corporation must have not fewer than one hundred (100) members and at the time of application must own or lease, be the holder of a buy-sell agreement or offer and acceptance, or have an option to lease a building, property, or space therein for the reasonable comfort and accommodation of its members and their families and guests and restrict the use of club facilities to those persons. (B) For purposes of this subdivision (14), a person shall be required to become a member of the private club in any wet area of the state only upon ordering an alcoholic beverage as defined under subdivision (1) of this section. (C) Furthermore, where the business entity that holds a private club permit additionally holds a retail beer permit, retail wine for consumption on the premises permit, or cafe or restaurant wine permit, the hours of operation authorized for the private club shall likewise apply to all permits of the business entity;

(A) (i) "Private club" means a nonprofit corporation organized and existing under the laws of this state, no part of the net revenues of which shall inure directly or indirectly to the benefit of any of its members or any other individual, except for the payment of bona fide expenses of the club's operations, and which is conducted for some common recreational, social, patriotic, political, national, benevolent, athletic, community hospitality, professional association, entertainment, or other nonprofit object or purpose other than the consumption of alcoholic beverages. (ii) The nonprofit corporation shall have been in existence for a period of not less than one (1) year before applying for a permit, as prescribed in this subchapter. (iii) At the time of application for the permit, the nonprofit corporation must have not fewer than one hundred (100) members and at the time of application must own or lease, be the holder of a buy-sell agreement or offer and acceptance, or have an option to lease a building, property, or space therein for the reasonable comfort and accommodation of its members and their families and guests and restrict the use of club facilities to those persons.

(i) "Private club" means a nonprofit corporation organized and existing under the laws of this state, no part of the net revenues of which shall inure directly or indirectly to the benefit of any of its members or any other individual, except for the payment of bona fide expenses of the club's operations, and which is conducted for some common recreational, social, patriotic, political, national, benevolent, athletic, community hospitality, professional association, entertainment, or other nonprofit object or purpose other than the consumption of alcoholic beverages.

(ii) The nonprofit corporation shall have been in existence for a period of not less than one (1) year before applying for a permit, as prescribed in this subchapter.

(iii) At the time of application for the permit, the nonprofit corporation must have not fewer than one hundred (100) members and at the time of application must own or lease, be the holder of a buy-sell agreement or offer and acceptance, or have an option to lease a building, property, or space therein for the reasonable comfort and accommodation of its members and their families and guests and restrict the use of club facilities to those persons.

(B) For purposes of this subdivision (14), a person shall be required to become a member of the private club in any wet area of the state only upon ordering an alcoholic beverage as defined under subdivision (1) of this section.

(C) Furthermore, where the business entity that holds a private club permit additionally holds a retail beer permit, retail wine for consumption on the premises permit, or cafe or restaurant wine permit, the hours of operation authorized for the private club shall likewise apply to all permits of the business entity;

(15) "Referendum election" means an election held as provided in this subchapter, at which the electors of a city or county shall vote on the question of authorizing, as provided herein, the sale of alcoholic beverages for on-premises consumption in those areas of the city or county in which the lawful sale of alcoholic beverages has not been prohibited by a local option election held pursuant to the Initiated Act; and

(16) "Restaurant" means any public or private place: (A) (i) That is primarily engaged in the business of serving a meal for consumption on the premises to a guest and has a suitable kitchen facility to serve the entire menu approved by the Alcoholic Beverage Control Division. (ii) The menu shall contain a selection of food and shall not be limited to sandwiches or salads. (iii) The kitchen shall: (a) Have adequate refrigeration to preserve the food on the menu; (b) Be kept in a sanitary condition; and (c) Comply with the rules of the Department of Health. (iv) Food from the menu shall be available from opening time until two (2) hours before closing time; or (B) (i) That qualifies as a "large meeting or attendance facility", which is defined, without limitation, as a facility housing convention center activity, tourism activity, trade show and product display and related meeting activity, or any other similar large meeting or attendance activity and which either itself or through one (1) or more independent contractors complies with all of the following: (a) Actually serves full and complete meals and food on the premises; (b) Has one (1) or more places for food service on the premises with a seating capacity for not fewer than five hundred (500) people; (c) Employs a sufficient number and kind of employees to serve meals and food on the premises capable of handling at least five hundred (500) people; and (d) Serves alcoholic beverages on the premises at one (1) or more places only on days that meals and food are served at one (1) or more places on the premises. (ii) (a) Any on-premises restaurant permittee as licensed by subdivision (16)(A) of this section and any hotel or motel on-premises permittee as licensed by subdivision (8) of this section shall be allowed to serve alcoholic beverages purchased under its permit at any large meeting or attendance facility which is licensed under this subdivision (16)(B). Hotel, motel, and restaurant permittees may serve alcoholic beverages purchased under their permits only when they have first secured written permission from the permittee of the large meeting or attendance facility. Otherwise, alcoholic beverage service at the large meeting or attendance facility shall be from inventory purchased by the large meeting or attendance facility permittee. (b) Written permission shall not be granted for more than a five-day period. The division shall be given a copy of any such written agreement. Any violations which occur while such permission is being used shall lie against the hotel, motel, or restaurant using such permission. (c) Any hotel, motel, or restaurant that serves its alcoholic beverages at a large meeting or attendance facility shall only do so pursuant to a satellite catering permit to be issued by the division for an annual fee of five hundred dollars ($500) per fiscal year or part thereof. The permit shall be applied for on forms as prescribed by the board. (d) The board shall promulgate such rules as it deems necessary to implement subdivisions (16)(B)(ii) (a) - (c) of this section. (iii) When a large attendance facilities permit has been issued to a government-owned facility located in a county that has a population of more than one hundred fifty-five thousand (155,000) according to the 2000 Federal Decennial Census, Arkansas-licensed beer wholesalers shall be allowed to pay for advertising devices used at the government-owned facility. Such advertising devices shall include items such as inside or outside signs, scoreboards, programs, scorecards, and the like. Provided, if such advertising by the beer wholesaler results in the formation or existence of an exclusive buying arrangement by the large attendance facilities permittee and the wholesaler who furnishes such items, then such an exclusive buying arrangement will be a violation of the large attendance facilities permit and the wholesale beer permit involved even if the arrangements are caused by third parties. To the extent that § 3-5-214 or any other law could be interpreted to preclude such advertising arrangements allowed in this subdivision (16)(B)(iii), they are held inapplicable. (iv) (a) When a large attendance facilities permit has been issued to a facility owned or operated by the owner of a professional sports team franchised by Minor League Baseball and within a county that has a population of more than one hundred fifty-five thousand (155,000) according to the 2000 Federal Decennial Census, the operator of the facility may accept sponsorship funds, advertising items, or promotional items from licensed beer wholesalers. Promotional items shall include items used by the facility to promote attendance. (b) However, if the use of sponsorship funds, advertising items, or promotional items by the beer wholesaler results in the formation or existence of an exclusive buying arrangement by the large attendance facilities permittee and the wholesaler who furnishes the sponsorship funds, advertising items, or promotional items, then the exclusive buying arrangement will be a violation of the large attendance facilities permit and the wholesaler's wholesale beer permit even if the arrangements are caused by third parties. (c) Section 3-5-214 or any other law that could be interpreted to preclude arrangements to use the sponsorship funds, advertising items, or promotional items allowed in this subdivision (16)(B)(iv) shall not apply to this subdivision (16)(B)(iv).

(A) (i) That is primarily engaged in the business of serving a meal for consumption on the premises to a guest and has a suitable kitchen facility to serve the entire menu approved by the Alcoholic Beverage Control Division. (ii) The menu shall contain a selection of food and shall not be limited to sandwiches or salads. (iii) The kitchen shall: (a) Have adequate refrigeration to preserve the food on the menu; (b) Be kept in a sanitary condition; and (c) Comply with the rules of the Department of Health. (iv) Food from the menu shall be available from opening time until two (2) hours before closing time; or

(i) That is primarily engaged in the business of serving a meal for consumption on the premises to a guest and has a suitable kitchen facility to serve the entire menu approved by the Alcoholic Beverage Control Division.

(ii) The menu shall contain a selection of food and shall not be limited to sandwiches or salads.

(iii) The kitchen shall: (a) Have adequate refrigeration to preserve the food on the menu; (b) Be kept in a sanitary condition; and (c) Comply with the rules of the Department of Health.

(a) Have adequate refrigeration to preserve the food on the menu;

(b) Be kept in a sanitary condition; and

(c) Comply with the rules of the Department of Health.

(iv) Food from the menu shall be available from opening time until two (2) hours before closing time; or

(B) (i) That qualifies as a "large meeting or attendance facility", which is defined, without limitation, as a facility housing convention center activity, tourism activity, trade show and product display and related meeting activity, or any other similar large meeting or attendance activity and which either itself or through one (1) or more independent contractors complies with all of the following: (a) Actually serves full and complete meals and food on the premises; (b) Has one (1) or more places for food service on the premises with a seating capacity for not fewer than five hundred (500) people; (c) Employs a sufficient number and kind of employees to serve meals and food on the premises capable of handling at least five hundred (500) people; and (d) Serves alcoholic beverages on the premises at one (1) or more places only on days that meals and food are served at one (1) or more places on the premises. (ii) (a) Any on-premises restaurant permittee as licensed by subdivision (16)(A) of this section and any hotel or motel on-premises permittee as licensed by subdivision (8) of this section shall be allowed to serve alcoholic beverages purchased under its permit at any large meeting or attendance facility which is licensed under this subdivision (16)(B). Hotel, motel, and restaurant permittees may serve alcoholic beverages purchased under their permits only when they have first secured written permission from the permittee of the large meeting or attendance facility. Otherwise, alcoholic beverage service at the large meeting or attendance facility shall be from inventory purchased by the large meeting or attendance facility permittee. (b) Written permission shall not be granted for more than a five-day period. The division shall be given a copy of any such written agreement. Any violations which occur while such permission is being used shall lie against the hotel, motel, or restaurant using such permission. (c) Any hotel, motel, or restaurant that serves its alcoholic beverages at a large meeting or attendance facility shall only do so pursuant to a satellite catering permit to be issued by the division for an annual fee of five hundred dollars ($500) per fiscal year or part thereof. The permit shall be applied for on forms as prescribed by the board. (d) The board shall promulgate such rules as it deems necessary to implement subdivisions (16)(B)(ii) (a) - (c) of this section. (iii) When a large attendance facilities permit has been issued to a government-owned facility located in a county that has a population of more than one hundred fifty-five thousand (155,000) according to the 2000 Federal Decennial Census, Arkansas-licensed beer wholesalers shall be allowed to pay for advertising devices used at the government-owned facility. Such advertising devices shall include items such as inside or outside signs, scoreboards, programs, scorecards, and the like. Provided, if such advertising by the beer wholesaler results in the formation or existence of an exclusive buying arrangement by the large attendance facilities permittee and the wholesaler who furnishes such items, then such an exclusive buying arrangement will be a violation of the large attendance facilities permit and the wholesale beer permit involved even if the arrangements are caused by third parties. To the extent that § 3-5-214 or any other law could be interpreted to preclude such advertising arrangements allowed in this subdivision (16)(B)(iii), they are held inapplicable. (iv) (a) When a large attendance facilities permit has been issued to a facility owned or operated by the owner of a professional sports team franchised by Minor League Baseball and within a county that has a population of more than one hundred fifty-five thousand (155,000) according to the 2000 Federal Decennial Census, the operator of the facility may accept sponsorship funds, advertising items, or promotional items from licensed beer wholesalers. Promotional items shall include items used by the facility to promote attendance. (b) However, if the use of sponsorship funds, advertising items, or promotional items by the beer wholesaler results in the formation or existence of an exclusive buying arrangement by the large attendance facilities permittee and the wholesaler who furnishes the sponsorship funds, advertising items, or promotional items, then the exclusive buying arrangement will be a violation of the large attendance facilities permit and the wholesaler's wholesale beer permit even if the arrangements are caused by third parties. (c) Section 3-5-214 or any other law that could be interpreted to preclude arrangements to use the sponsorship funds, advertising items, or promotional items allowed in this subdivision (16)(B)(iv) shall not apply to this subdivision (16)(B)(iv).

(i) That qualifies as a "large meeting or attendance facility", which is defined, without limitation, as a facility housing convention center activity, tourism activity, trade show and product display and related meeting activity, or any other similar large meeting or attendance activity and which either itself or through one (1) or more independent contractors complies with all of the following: (a) Actually serves full and complete meals and food on the premises; (b) Has one (1) or more places for food service on the premises with a seating capacity for not fewer than five hundred (500) people; (c) Employs a sufficient number and kind of employees to serve meals and food on the premises capable of handling at least five hundred (500) people; and (d) Serves alcoholic beverages on the premises at one (1) or more places only on days that meals and food are served at one (1) or more places on the premises.

(a) Actually serves full and complete meals and food on the premises;

(b) Has one (1) or more places for food service on the premises with a seating capacity for not fewer than five hundred (500) people;

(c) Employs a sufficient number and kind of employees to serve meals and food on the premises capable of handling at least five hundred (500) people; and

(d) Serves alcoholic beverages on the premises at one (1) or more places only on days that meals and food are served at one (1) or more places on the premises.

(ii) (a) Any on-premises restaurant permittee as licensed by subdivision (16)(A) of this section and any hotel or motel on-premises permittee as licensed by subdivision (8) of this section shall be allowed to serve alcoholic beverages purchased under its permit at any large meeting or attendance facility which is licensed under this subdivision (16)(B). Hotel, motel, and restaurant permittees may serve alcoholic beverages purchased under their permits only when they have first secured written permission from the permittee of the large meeting or attendance facility. Otherwise, alcoholic beverage service at the large meeting or attendance facility shall be from inventory purchased by the large meeting or attendance facility permittee. (b) Written permission shall not be granted for more than a five-day period. The division shall be given a copy of any such written agreement. Any violations which occur while such permission is being used shall lie against the hotel, motel, or restaurant using such permission. (c) Any hotel, motel, or restaurant that serves its alcoholic beverages at a large meeting or attendance facility shall only do so pursuant to a satellite catering permit to be issued by the division for an annual fee of five hundred dollars ($500) per fiscal year or part thereof. The permit shall be applied for on forms as prescribed by the board. (d) The board shall promulgate such rules as it deems necessary to implement subdivisions (16)(B)(ii) (a) - (c) of this section.

(a) Any on-premises restaurant permittee as licensed by subdivision (16)(A) of this section and any hotel or motel on-premises permittee as licensed by subdivision (8) of this section shall be allowed to serve alcoholic beverages purchased under its permit at any large meeting or attendance facility which is licensed under this subdivision (16)(B). Hotel, motel, and restaurant permittees may serve alcoholic beverages purchased under their permits only when they have first secured written permission from the permittee of the large meeting or attendance facility. Otherwise, alcoholic beverage service at the large meeting or attendance facility shall be from inventory purchased by the large meeting or attendance facility permittee.

(b) Written permission shall not be granted for more than a five-day period. The division shall be given a copy of any such written agreement. Any violations which occur while such permission is being used shall lie against the hotel, motel, or restaurant using such permission.

(c) Any hotel, motel, or restaurant that serves its alcoholic beverages at a large meeting or attendance facility shall only do so pursuant to a satellite catering permit to be issued by the division for an annual fee of five hundred dollars ($500) per fiscal year or part thereof. The permit shall be applied for on forms as prescribed by the board.

(d) The board shall promulgate such rules as it deems necessary to implement subdivisions (16)(B)(ii) (a) - (c) of this section.

(iii) When a large attendance facilities permit has been issued to a government-owned facility located in a county that has a population of more than one hundred fifty-five thousand (155,000) according to the 2000 Federal Decennial Census, Arkansas-licensed beer wholesalers shall be allowed to pay for advertising devices used at the government-owned facility. Such advertising devices shall include items such as inside or outside signs, scoreboards, programs, scorecards, and the like. Provided, if such advertising by the beer wholesaler results in the formation or existence of an exclusive buying arrangement by the large attendance facilities permittee and the wholesaler who furnishes such items, then such an exclusive buying arrangement will be a violation of the large attendance facilities permit and the wholesale beer permit involved even if the arrangements are caused by third parties. To the extent that § 3-5-214 or any other law could be interpreted to preclude such advertising arrangements allowed in this subdivision (16)(B)(iii), they are held inapplicable.

(iv) (a) When a large attendance facilities permit has been issued to a facility owned or operated by the owner of a professional sports team franchised by Minor League Baseball and within a county that has a population of more than one hundred fifty-five thousand (155,000) according to the 2000 Federal Decennial Census, the operator of the facility may accept sponsorship funds, advertising items, or promotional items from licensed beer wholesalers. Promotional items shall include items used by the facility to promote attendance. (b) However, if the use of sponsorship funds, advertising items, or promotional items by the beer wholesaler results in the formation or existence of an exclusive buying arrangement by the large attendance facilities permittee and the wholesaler who furnishes the sponsorship funds, advertising items, or promotional items, then the exclusive buying arrangement will be a violation of the large attendance facilities permit and the wholesaler's wholesale beer permit even if the arrangements are caused by third parties. (c) Section 3-5-214 or any other law that could be interpreted to preclude arrangements to use the sponsorship funds, advertising items, or promotional items allowed in this subdivision (16)(B)(iv) shall not apply to this subdivision (16)(B)(iv).

(a) When a large attendance facilities permit has been issued to a facility owned or operated by the owner of a professional sports team franchised by Minor League Baseball and within a county that has a population of more than one hundred fifty-five thousand (155,000) according to the 2000 Federal Decennial Census, the operator of the facility may accept sponsorship funds, advertising items, or promotional items from licensed beer wholesalers. Promotional items shall include items used by the facility to promote attendance.

(b) However, if the use of sponsorship funds, advertising items, or promotional items by the beer wholesaler results in the formation or existence of an exclusive buying arrangement by the large attendance facilities permittee and the wholesaler who furnishes the sponsorship funds, advertising items, or promotional items, then the exclusive buying arrangement will be a violation of the large attendance facilities permit and the wholesaler's wholesale beer permit even if the arrangements are caused by third parties.

(c) Section 3-5-214 or any other law that could be interpreted to preclude arrangements to use the sponsorship funds, advertising items, or promotional items allowed in this subdivision (16)(B)(iv) shall not apply to this subdivision (16)(B)(iv).

Amended by Act 2021, No. 874,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 97, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 96, eff. 7/24/2019.

Amended by Act 2013, No. 1100,§ 2, eff. 4/11/2013.

Amended by Act 2013, No. 1100,§ 1, eff. 4/11/2013.

Acts 1969, No. 132, § 2; 1985, No. 384, § 1; A.S.A. 1947, § 48-1402; Acts 1989, No. 295, § 3; 1989, No. 837, § 1; 1989, No. 953, § 1; 1993, No. 403, § 2; 1995, No. 536, § 2; 1995, No. 600, § 1; 1999, No. 1063, § 1; 1999, No. 1371, § 1; 1999, No. 1597, § 1; 2003, No. 369, § 1; 2003, No. 1813, § 1; 2005, No. 445, § 1; 2007, No. 642, § 1; 2011, No. 1194, § 2.
Ark. Code Ann. § 3-3-205 — AR Code / Title 3 / Chapter 3 / Subchapter 2 / Section 3-3-205
Sale or possession without license
Status: in_force

(a) (1) Any person who shall sell, barter, exchange, or give any intoxicating alcoholic liquor without having a valid license as provided by this act, in addition to losing his or her license, shall be guilty of a Class A misdemeanor. (2) Any person found guilty of a third or subsequent violation of this subsection within a period of three (3) years shall be guilty of a Class D felony. (b) Any person who has in his or her possession intoxicating alcoholic liquor not obtained under and in conformity with the provisions of this act shall be deemed guilty of a Class A misdemeanor. (c) This penalty shall apply whether the intoxicating liquor is for the use of the person illegally possessing it or for the use and benefit of another. (d) Each act in violation of this section shall constitute a separate misdemeanor. (e) Nothing contained in this section shall relieve any licensee from forfeiture of his or her license. Acts 1943, No. 218, §§ 2-4; 1947, No. 205, §§ 1, 2; A.S.A. 1947, §§ 48-902, 48-912, 48-913; Acts 1991, No. 498, § 1; 1991, No. 577, § 1; 2005, No. 1994, § 436.

(a) (1) Any person who shall sell, barter, exchange, or give any intoxicating alcoholic liquor without having a valid license as provided by this act, in addition to losing his or her license, shall be guilty of a Class A misdemeanor. (2) Any person found guilty of a third or subsequent violation of this subsection within a period of three (3) years shall be guilty of a Class D felony.

(1) Any person who shall sell, barter, exchange, or give any intoxicating alcoholic liquor without having a valid license as provided by this act, in addition to losing his or her license, shall be guilty of a Class A misdemeanor.

(2) Any person found guilty of a third or subsequent violation of this subsection within a period of three (3) years shall be guilty of a Class D felony.

(b) Any person who has in his or her possession intoxicating alcoholic liquor not obtained under and in conformity with the provisions of this act shall be deemed guilty of a Class A misdemeanor.

(c) This penalty shall apply whether the intoxicating liquor is for the use of the person illegally possessing it or for the use and benefit of another.

(d) Each act in violation of this section shall constitute a separate misdemeanor.

(e) Nothing contained in this section shall relieve any licensee from forfeiture of his or her license.

Acts 1943, No. 218, §§ 2-4; 1947, No. 205, §§ 1, 2; A.S.A. 1947, §§ 48-902, 48-912, 48-913; Acts 1991, No. 498, § 1; 1991, No. 577, § 1; 2005, No. 1994, § 436.
Ark. Code Ann. § 3-5-1414 — AR Code / Title 3 / Chapter 5 / Subchapter 14 / Section 3-5-1414
Construction
Status: in_force

This subchapter is supplemental to all other laws concerning alcoholic beverages and repeals only those laws or parts of laws in direct conflict with it. Acts 2003, No. 1805, § 14.

This subchapter is supplemental to all other laws concerning alcoholic beverages and repeals only those laws or parts of laws in direct conflict with it.

Acts 2003, No. 1805, § 14.
Ark. Code Ann. § 3-4-303 — AR Code / Title 3 / Chapter 4 / Subchapter 3 / Section 3-4-303
Notice - Surrender of permit
Status: in_force

(a) (1) Within three (3) days after a permit shall have been revoked, notice thereof shall be given to the permittee by mailing the notice addressed to him or her at the premises permitted. (2) Notice shall also be mailed to the owner of the premises permitted. (b) The holder of the permit shall thereupon surrender the permit to the Director of the Alcoholic Beverage Control Division. (c) The mailing of the permit by the permittee to the director by registered mail or insured parcel post shall be deemed sufficient compliance with this provision. (d) (1) The director, immediately upon notice of revocation, shall serve a written notice thereof upon the chief of police or chief police officer and the city clerk of the city or town in which the premises for which the revoked permit was issued is situated, or upon the sheriff of the county in case the permit was issued for premises situated outside a city or town. (2) This notice shall include a statement of the number of the permit, the name and place of residence of the holder, the location of the permitted premises, and the date when the permit was revoked. (e) In case the permit is not immediately surrendered, the director shall issue a written demand for the surrender of the permit and deliver the demand to the sheriff of the county in which the permitted premises are located or to any Alcoholic Beverage Control Enforcement Division agent. The sheriff or division agent shall immediately take possession of the permit and return the permit to the director. Acts 1935, No. 108, Art. 3, § 15; Pope's Dig., § 14119; A.S.A. 1947, § 48-318.

(a) (1) Within three (3) days after a permit shall have been revoked, notice thereof shall be given to the permittee by mailing the notice addressed to him or her at the premises permitted. (2) Notice shall also be mailed to the owner of the premises permitted.

(1) Within three (3) days after a permit shall have been revoked, notice thereof shall be given to the permittee by mailing the notice addressed to him or her at the premises permitted.

(2) Notice shall also be mailed to the owner of the premises permitted.

(b) The holder of the permit shall thereupon surrender the permit to the Director of the Alcoholic Beverage Control Division.

(c) The mailing of the permit by the permittee to the director by registered mail or insured parcel post shall be deemed sufficient compliance with this provision.

(d) (1) The director, immediately upon notice of revocation, shall serve a written notice thereof upon the chief of police or chief police officer and the city clerk of the city or town in which the premises for which the revoked permit was issued is situated, or upon the sheriff of the county in case the permit was issued for premises situated outside a city or town. (2) This notice shall include a statement of the number of the permit, the name and place of residence of the holder, the location of the permitted premises, and the date when the permit was revoked.

(1) The director, immediately upon notice of revocation, shall serve a written notice thereof upon the chief of police or chief police officer and the city clerk of the city or town in which the premises for which the revoked permit was issued is situated, or upon the sheriff of the county in case the permit was issued for premises situated outside a city or town.

(2) This notice shall include a statement of the number of the permit, the name and place of residence of the holder, the location of the permitted premises, and the date when the permit was revoked.

(e) In case the permit is not immediately surrendered, the director shall issue a written demand for the surrender of the permit and deliver the demand to the sheriff of the county in which the permitted premises are located or to any Alcoholic Beverage Control Enforcement Division agent. The sheriff or division agent shall immediately take possession of the permit and return the permit to the director.

Acts 1935, No. 108, Art. 3, § 15; Pope's Dig., § 14119; A.S.A. 1947, § 48-318.
Ark. Code Ann. § 3-4-102 — AR Code / Title 3 / Chapter 4 / Subchapter 1 / Section 3-4-102
Exhibition of permit
Status: in_force

(a) Before commencing or doing any business for the time for which a permit has been issued, the permit shall be enclosed in a suitable wood or metal frame having a clear glass space and a substantial wood or metal back so that the whole of the permit may be seen therein. The permit shall be posted upon and at all times displayed in a conspicuous place in the room where the business is carried on, so that all persons visiting the place may readily see it. (b) It shall be unlawful for any person holding a permit to post the permit or allow the permit to be posted upon premises other than the premises permitted or upon premises where traffic in beer, wine, or liquor is being carried on by any person other than the permittee or knowingly to deface, destroy, or alter any permit in any respect. Acts 1935, No. 108, Art. 3, § 20; Pope's Dig., § 14125; A.S.A. 1947, § 48-320.

(a) Before commencing or doing any business for the time for which a permit has been issued, the permit shall be enclosed in a suitable wood or metal frame having a clear glass space and a substantial wood or metal back so that the whole of the permit may be seen therein. The permit shall be posted upon and at all times displayed in a conspicuous place in the room where the business is carried on, so that all persons visiting the place may readily see it.

(b) It shall be unlawful for any person holding a permit to post the permit or allow the permit to be posted upon premises other than the premises permitted or upon premises where traffic in beer, wine, or liquor is being carried on by any person other than the permittee or knowingly to deface, destroy, or alter any permit in any respect.

Acts 1935, No. 108, Art. 3, § 20; Pope's Dig., § 14125; A.S.A. 1947, § 48-320.
Ark. Code Ann. § 3-3-312 — AR Code / Title 3 / Chapter 3 / Subchapter 3 / Section 3-3-312
Procedure upon seizure of beverages
Status: in_force

(a) All spirituous, vinous, or malt beverages found in the possession of any person in violation of the laws as provided in this subchapter shall be seized and immediately turned over to the mayor if seized within the city limits of a municipality by a law enforcement officer of that municipality. They shall be turned over to the county judge if seized without or within the city limits of any municipality by the sheriff or any Department of Arkansas State Police officer or any Alcoholic Beverage Control Enforcement Division agent. (b) The seized beverages are to be held by the mayor or county judge until such time as any municipal court of the county wherein the beverages were seized determines the beverages to be contraband and subject to sale. (c) The mayor or the county judge, as the case may be, shall cause a notice to be published. This shall be done within three (3) days after being authorized by the court to sell the seized intoxicating liquors. The notice shall be published in a newspaper having a countywide circulation and shall appear in the newspaper twice within a thirty-day period, fifteen (15) days apart. The notice shall contain a list of the beverages authorized to be sold by the court, the approximate retail value thereof, the person, if known, from whom taken, the place where seized, and the advice that the beverages will be sold by the mayor or the county judge, as the case may be, at the expiration of thirty (30) days from the first published notice. Acts 1947, No. 423, § 7; 1969, No. 248, § 1; A.S.A. 1947, § 48-926.

(a) All spirituous, vinous, or malt beverages found in the possession of any person in violation of the laws as provided in this subchapter shall be seized and immediately turned over to the mayor if seized within the city limits of a municipality by a law enforcement officer of that municipality. They shall be turned over to the county judge if seized without or within the city limits of any municipality by the sheriff or any Department of Arkansas State Police officer or any Alcoholic Beverage Control Enforcement Division agent.

(b) The seized beverages are to be held by the mayor or county judge until such time as any municipal court of the county wherein the beverages were seized determines the beverages to be contraband and subject to sale.

(c) The mayor or the county judge, as the case may be, shall cause a notice to be published. This shall be done within three (3) days after being authorized by the court to sell the seized intoxicating liquors. The notice shall be published in a newspaper having a countywide circulation and shall appear in the newspaper twice within a thirty-day period, fifteen (15) days apart. The notice shall contain a list of the beverages authorized to be sold by the court, the approximate retail value thereof, the person, if known, from whom taken, the place where seized, and the advice that the beverages will be sold by the mayor or the county judge, as the case may be, at the expiration of thirty (30) days from the first published notice.

Acts 1947, No. 423, § 7; 1969, No. 248, § 1; A.S.A. 1947, § 48-926.
Ark. Code Ann. § 3-4-501 — AR Code / Title 3 / Chapter 4 / Subchapter 5 / Section 3-4-501
When fees due - Disposition
Status: in_force

(a) All license taxes provided and levies under this act shall be due and payable on the tenth day of each month succeeding the time when the act is done requiring the license. (b) It shall be the duty of the person required to pay the license to make a report giving the facts in such form and substance as the Director of the Alcoholic Beverage Control Division shall by rule require. All payments therefor shall be made to the Secretary of the Department of Finance and Administration, payable to the Treasurer of State, and all permit fees shall likewise be made to the secretary and payable to the Treasurer of State. (c) (1) Except for grocery store wine permit fees under § 3-5-1802 , all permits or license fees or taxes, penalties, fines, and costs received by the secretary under the provisions of this act shall be general revenues and shall be deposited into the State Treasury to the credit of the State Apportionment Fund. (2) The Treasurer of State shall allocate and transfer the amounts to the various State Treasury funds participating in general revenues in the respective proportions to each as provided by and to be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq. Amended by Act 2019, No. 910,§ 3308, eff. 7/1/2019. Amended by Act 2017, No. 508,§ 2, eff. 10/1/2017. Acts 1935, No. 108, Art. 4, § 5; Pope's Dig., § 14131; Acts 1953, No. 118, § 32(E); A.S.A. 1947, § 48-325.

(a) All license taxes provided and levies under this act shall be due and payable on the tenth day of each month succeeding the time when the act is done requiring the license.

(b) It shall be the duty of the person required to pay the license to make a report giving the facts in such form and substance as the Director of the Alcoholic Beverage Control Division shall by rule require. All payments therefor shall be made to the Secretary of the Department of Finance and Administration, payable to the Treasurer of State, and all permit fees shall likewise be made to the secretary and payable to the Treasurer of State.

(c) (1) Except for grocery store wine permit fees under § 3-5-1802 , all permits or license fees or taxes, penalties, fines, and costs received by the secretary under the provisions of this act shall be general revenues and shall be deposited into the State Treasury to the credit of the State Apportionment Fund. (2) The Treasurer of State shall allocate and transfer the amounts to the various State Treasury funds participating in general revenues in the respective proportions to each as provided by and to be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq.

(1) Except for grocery store wine permit fees under § 3-5-1802 , all permits or license fees or taxes, penalties, fines, and costs received by the secretary under the provisions of this act shall be general revenues and shall be deposited into the State Treasury to the credit of the State Apportionment Fund.

(2) The Treasurer of State shall allocate and transfer the amounts to the various State Treasury funds participating in general revenues in the respective proportions to each as provided by and to be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq.

Amended by Act 2019, No. 910,§ 3308, eff. 7/1/2019.

Amended by Act 2017, No. 508,§ 2, eff. 10/1/2017.

Acts 1935, No. 108, Art. 4, § 5; Pope's Dig., § 14131; Acts 1953, No. 118, § 32(E); A.S.A. 1947, § 48-325.
Ark. Code Ann. § 3-5-1404 — AR Code / Title 3 / Chapter 5 / Subchapter 14 / Section 3-5-1404
Effect on other laws
Status: in_force

Every provision of this subchapter is subject to all beer, malt beverage, and hard cider laws and rules not in conflict with the provisions of this subchapter. Amended by Act 2019, No. 315,§ 81, eff. 7/24/2019. Acts 2003, No. 1805, § 4.

Every provision of this subchapter is subject to all beer, malt beverage, and hard cider laws and rules not in conflict with the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 81, eff. 7/24/2019.

Acts 2003, No. 1805, § 4.
Ark. Code Ann. § 3-5-605 — AR Code / Title 3 / Chapter 5 / Subchapter 6 / Section 3-5-605
Importing fruits and vegetables
Status: in_force

(a) Arkansas wineries are authorized to import into this state, in private or common carriers, fruits and vegetables grown outside the State of Arkansas in various forms so as to facilitate economic transportation and to use the fruits or vegetables in the production of wine according to applicable federal wine regulations, and labeled according to federal wine regulations. (b) The importation of fruits and vegetables and the use thereof in wine production shall be in accordance with reasonable rules promulgated by the Department of Finance and Administration to assure compliance with this subchapter and prevent abuse thereof. (c) (1) An Arkansas winery importing fruits or vegetables grown outside the State of Arkansas for use in making wines in this state shall pay the seventy-five-cents-per-gallon tax levied on imported wines or wines produced from fruits and vegetables not grown in this state or on wine made from such juices extracted from fruits or vegetables brought into the state if the wine is sold in Arkansas. (2) The tax shall be paid in the same manner as prescribed by law on the twentieth day of the month on sales in Arkansas for the month preceding. (3) Records at the Arkansas winery required by federal law shall be maintained to reflect the ratio of blend of Arkansas-grown wine and the amount of wine in the blend made from the fruits or vegetables grown outside the State of Arkansas. (4) The seventy-five-cents-per-gallon tax shall be required to be paid only on the portion of the blend made from fruits or vegetables grown outside the State of Arkansas which are sold in Arkansas. (5) The tax on the Arkansas-grown portion of the wine blend shall be the same as now required on wines produced from Arkansas-grown fruits and vegetables. (d) Records of wine blends shall be preserved by the winery for a period of three (3) years from the relevant date of the record. These records shall be available on the premises at all times for the reasonable inspection by authorized agents of the Alcoholic Beverage Control Division and the department. Amended by Act 2019, No. 315,§ 70, eff. 7/24/2019. Acts 1975, No. 675, § 5; A.S.A. 1947, § 48-635.

(a) Arkansas wineries are authorized to import into this state, in private or common carriers, fruits and vegetables grown outside the State of Arkansas in various forms so as to facilitate economic transportation and to use the fruits or vegetables in the production of wine according to applicable federal wine regulations, and labeled according to federal wine regulations.

(b) The importation of fruits and vegetables and the use thereof in wine production shall be in accordance with reasonable rules promulgated by the Department of Finance and Administration to assure compliance with this subchapter and prevent abuse thereof.

(c) (1) An Arkansas winery importing fruits or vegetables grown outside the State of Arkansas for use in making wines in this state shall pay the seventy-five-cents-per-gallon tax levied on imported wines or wines produced from fruits and vegetables not grown in this state or on wine made from such juices extracted from fruits or vegetables brought into the state if the wine is sold in Arkansas. (2) The tax shall be paid in the same manner as prescribed by law on the twentieth day of the month on sales in Arkansas for the month preceding. (3) Records at the Arkansas winery required by federal law shall be maintained to reflect the ratio of blend of Arkansas-grown wine and the amount of wine in the blend made from the fruits or vegetables grown outside the State of Arkansas. (4) The seventy-five-cents-per-gallon tax shall be required to be paid only on the portion of the blend made from fruits or vegetables grown outside the State of Arkansas which are sold in Arkansas. (5) The tax on the Arkansas-grown portion of the wine blend shall be the same as now required on wines produced from Arkansas-grown fruits and vegetables.

(1) An Arkansas winery importing fruits or vegetables grown outside the State of Arkansas for use in making wines in this state shall pay the seventy-five-cents-per-gallon tax levied on imported wines or wines produced from fruits and vegetables not grown in this state or on wine made from such juices extracted from fruits or vegetables brought into the state if the wine is sold in Arkansas.

(2) The tax shall be paid in the same manner as prescribed by law on the twentieth day of the month on sales in Arkansas for the month preceding.

(3) Records at the Arkansas winery required by federal law shall be maintained to reflect the ratio of blend of Arkansas-grown wine and the amount of wine in the blend made from the fruits or vegetables grown outside the State of Arkansas.

(4) The seventy-five-cents-per-gallon tax shall be required to be paid only on the portion of the blend made from fruits or vegetables grown outside the State of Arkansas which are sold in Arkansas.

(5) The tax on the Arkansas-grown portion of the wine blend shall be the same as now required on wines produced from Arkansas-grown fruits and vegetables.

(d) Records of wine blends shall be preserved by the winery for a period of three (3) years from the relevant date of the record. These records shall be available on the premises at all times for the reasonable inspection by authorized agents of the Alcoholic Beverage Control Division and the department.

Amended by Act 2019, No. 315,§ 70, eff. 7/24/2019.

Acts 1975, No. 675, § 5; A.S.A. 1947, § 48-635.
Ark. Code Ann. § 3-9-102 — AR Code / Title 3 / Chapter 9 / Subchapter 1 / Section 3-9-102
Posting of warning signs relating to drinking alcoholic beverages during pregnancy
Status: in_force

(a) (1) A person who has received a permit under the law of this state for the sale or dispensing of alcoholic beverages, beer, or wine for on-premises consumption in a private club that does not hold itself out to be a food service establishment shall post in a conspicuous place a printed sign at least eight and one-half inches by eleven inches (8 ½" x 11") in size with letters at least one inch (1") high that reads "Warning: Drinking alcoholic beverages during pregnancy may cause birth defects". (2) The poster shall be printed in English, Spanish, and any other language mandated by the Voting Rights Act of 1965, 42 U.S.C. § 1973 , as it existed on January 1, 2013, in the county where the poster will be posted. (b) (1) The Alcoholic Beverage Control Board shall make a sign meeting the requirements of this section available to a person who has received a permit under the law of this state for the sale or dispensing of alcoholic beverages, beer, or wine for on-premises consumption in a private club that does not hold itself out to be a food service establishment. (2) The sign shall be available on the website of the Alcoholic Beverage Control Division where documents associated with obtaining a liquor license or alcoholic beverage license are customarily located. (3) To obtain a copy of the sign required to be posted under this section, the owners or operators of an establishment required to post the sign under this section shall: (A) Print the poster from the website under subdivision (b)(3) of this section; or (B) Request that the sign be mailed for the cost of printing and first-class postage. (c) (1) If the board finds that the establishment has failed to post the information required under this section, the owner or operator shall receive: (A) For a first violation, a warning; and (B) For a second or subsequent violation, a fine not to exceed five hundred dollars ($500). (2) The violation of or noncompliance with this section and each day's continuance thereof shall constitute a separate and distinct violation. (d) The board shall promulgate rules to implement this section. (e) The board may enter into an interagency agreement with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services regarding the funding necessary to implement this section. Amended by Act 2017, No. 913,§ 9, eff. 8/1/2017. Added by Act 2013, No. 1300,§ 1, eff. 8/16/2013.

(a) (1) A person who has received a permit under the law of this state for the sale or dispensing of alcoholic beverages, beer, or wine for on-premises consumption in a private club that does not hold itself out to be a food service establishment shall post in a conspicuous place a printed sign at least eight and one-half inches by eleven inches (8 ½" x 11") in size with letters at least one inch (1") high that reads "Warning: Drinking alcoholic beverages during pregnancy may cause birth defects". (2) The poster shall be printed in English, Spanish, and any other language mandated by the Voting Rights Act of 1965, 42 U.S.C. § 1973 , as it existed on January 1, 2013, in the county where the poster will be posted.

(1) A person who has received a permit under the law of this state for the sale or dispensing of alcoholic beverages, beer, or wine for on-premises consumption in a private club that does not hold itself out to be a food service establishment shall post in a conspicuous place a printed sign at least eight and one-half inches by eleven inches (8 ½" x 11") in size with letters at least one inch (1") high that reads "Warning: Drinking alcoholic beverages during pregnancy may cause birth defects".

(2) The poster shall be printed in English, Spanish, and any other language mandated by the Voting Rights Act of 1965, 42 U.S.C. § 1973 , as it existed on January 1, 2013, in the county where the poster will be posted.

(b) (1) The Alcoholic Beverage Control Board shall make a sign meeting the requirements of this section available to a person who has received a permit under the law of this state for the sale or dispensing of alcoholic beverages, beer, or wine for on-premises consumption in a private club that does not hold itself out to be a food service establishment. (2) The sign shall be available on the website of the Alcoholic Beverage Control Division where documents associated with obtaining a liquor license or alcoholic beverage license are customarily located. (3) To obtain a copy of the sign required to be posted under this section, the owners or operators of an establishment required to post the sign under this section shall: (A) Print the poster from the website under subdivision (b)(3) of this section; or (B) Request that the sign be mailed for the cost of printing and first-class postage.

(1) The Alcoholic Beverage Control Board shall make a sign meeting the requirements of this section available to a person who has received a permit under the law of this state for the sale or dispensing of alcoholic beverages, beer, or wine for on-premises consumption in a private club that does not hold itself out to be a food service establishment.

(2) The sign shall be available on the website of the Alcoholic Beverage Control Division where documents associated with obtaining a liquor license or alcoholic beverage license are customarily located.

(3) To obtain a copy of the sign required to be posted under this section, the owners or operators of an establishment required to post the sign under this section shall: (A) Print the poster from the website under subdivision (b)(3) of this section; or (B) Request that the sign be mailed for the cost of printing and first-class postage.

(A) Print the poster from the website under subdivision (b)(3) of this section; or

(B) Request that the sign be mailed for the cost of printing and first-class postage.

(c) (1) If the board finds that the establishment has failed to post the information required under this section, the owner or operator shall receive: (A) For a first violation, a warning; and (B) For a second or subsequent violation, a fine not to exceed five hundred dollars ($500). (2) The violation of or noncompliance with this section and each day's continuance thereof shall constitute a separate and distinct violation.

(1) If the board finds that the establishment has failed to post the information required under this section, the owner or operator shall receive: (A) For a first violation, a warning; and (B) For a second or subsequent violation, a fine not to exceed five hundred dollars ($500).

(A) For a first violation, a warning; and

(B) For a second or subsequent violation, a fine not to exceed five hundred dollars ($500).

(2) The violation of or noncompliance with this section and each day's continuance thereof shall constitute a separate and distinct violation.

(d) The board shall promulgate rules to implement this section.

(e) The board may enter into an interagency agreement with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services regarding the funding necessary to implement this section.

Amended by Act 2017, No. 913,§ 9, eff. 8/1/2017.

Added by Act 2013, No. 1300,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 3-8-804 — AR Code / Title 3 / Chapter 8 / Subchapter 8 / Section 3-8-804
Duties of election officers - Penalty for failure to perform
Status: in_force

(a) The duties imposed by this subchapter upon members of the State Board of Election Commissioners, members of the county boards of election commissioners, election officials, and other officers expressly named in this subchapter shall be performed: (1) In good faith; (2) Within the time provided by this subchapter; and (3) In the manner provided by this subchapter. (b) If a member of a board, an election official, or another officer charged with a duty under this subchapter knowingly fails to perform that duty, he or she shall be upon conviction: (1) Fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); and (2) Removed from his or her office. Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.

(a) The duties imposed by this subchapter upon members of the State Board of Election Commissioners, members of the county boards of election commissioners, election officials, and other officers expressly named in this subchapter shall be performed: (1) In good faith; (2) Within the time provided by this subchapter; and (3) In the manner provided by this subchapter.

(1) In good faith;

(2) Within the time provided by this subchapter; and

(3) In the manner provided by this subchapter.

(b) If a member of a board, an election official, or another officer charged with a duty under this subchapter knowingly fails to perform that duty, he or she shall be upon conviction: (1) Fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); and (2) Removed from his or her office.

(1) Fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); and

(2) Removed from his or her office.

Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.
Ark. Code Ann. § 3-5-101 — AR Code / Title 3 / Chapter 5 / Subchapter 1 / Section 3-5-101
Wholesaler of beer and light wine may sell malt liquor and certain ready-to-drink products
Status: in_force

A person, firm, or corporation having a permit to sell beer and light wine at wholesale shall be permitted to sell to liquor retailers: (1) Malt liquor containing greater than five percent (5%) of alcohol by weight; and (2) Ready-to-drink products containing spirituous liquor with a final finished product of no greater than fifteen percent (15%) alcohol by weight. Amended by Act 2021, No. 578,§ 3, eff. 7/28/2021. Amended by Act 2013, No. 527,§ 4, eff. 8/16/2013. Acts 1965, No. 165, § 1; A.S.A. 1947, § 48-504.3.

A person, firm, or corporation having a permit to sell beer and light wine at wholesale shall be permitted to sell to liquor retailers:

(1) Malt liquor containing greater than five percent (5%) of alcohol by weight; and

(2) Ready-to-drink products containing spirituous liquor with a final finished product of no greater than fifteen percent (15%) alcohol by weight.

Amended by Act 2021, No. 578,§ 3, eff. 7/28/2021.

Amended by Act 2013, No. 527,§ 4, eff. 8/16/2013.

Acts 1965, No. 165, § 1; A.S.A. 1947, § 48-504.3.
Ark. Code Ann. § 3-7-113 — AR Code / Title 3 / Chapter 7 / Subchapter 1 / Section 3-7-113
Distillers and wholesalers - Records
Status: in_force

Distilleries and wholesalers of spirituous liquors shall furnish records as may be required to determine and protect the tax interests of the state. Acts 1975, No. 447, § 3; A.S.A. 1947, § 48-438.

Distilleries and wholesalers of spirituous liquors shall furnish records as may be required to determine and protect the tax interests of the state.

Acts 1975, No. 447, § 3; A.S.A. 1947, § 48-438.
Ark. Code Ann. § 3-5-207 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-207
Scope of state permit
Status: in_force

(a) Except as provided in subsection (b) of this section, any permit issued under the provisions of § 3-5-206 authorizing the sale of light wines or beer for consumption under the provisions prescribed in the permit shall be construed to authorize the sale of such liquor by the bottle, by the glass or draught, and in or from the original package. (b) No permit shall be required for the home manufacture of beer or wine in quantities not to exceed two hundred gallons (200 gals.) per calendar year under §§ 3-4-101 , 3-4-602 , 3-5-206 , or 3-5-211 as may otherwise be required of other manufacturers. (c) Any permit issued under the provisions of § 3-5-206 authorizing the manufacture of beer shall allow an Arkansas beer manufacturer to sell and ship to business entities licensed and qualified in the other states to receive beer products brewed in Arkansas. Acts 1933 (1st Ex. Sess.), No. 7, § 15; Pope's Dig., § 14207; A.S.A. 1947, § 48-520; Acts 1995, No. 1051, § 3; 1997, No. 1061, § 1; 2001, No. 1813, § 2.

(a) Except as provided in subsection (b) of this section, any permit issued under the provisions of § 3-5-206 authorizing the sale of light wines or beer for consumption under the provisions prescribed in the permit shall be construed to authorize the sale of such liquor by the bottle, by the glass or draught, and in or from the original package.

(b) No permit shall be required for the home manufacture of beer or wine in quantities not to exceed two hundred gallons (200 gals.) per calendar year under §§ 3-4-101 , 3-4-602 , 3-5-206 , or 3-5-211 as may otherwise be required of other manufacturers.

(c) Any permit issued under the provisions of § 3-5-206 authorizing the manufacture of beer shall allow an Arkansas beer manufacturer to sell and ship to business entities licensed and qualified in the other states to receive beer products brewed in Arkansas.

Acts 1933 (1st Ex. Sess.), No. 7, § 15; Pope's Dig., § 14207; A.S.A. 1947, § 48-520; Acts 1995, No. 1051, § 3; 1997, No. 1061, § 1; 2001, No. 1813, § 2.
Ark. Code Ann. § 3-5-1006 — AR Code / Title 3 / Chapter 5 / Subchapter 10 / Section 3-5-1006
Records
Status: in_force

(a) Each winery in this state shall keep records to establish the quantity of grapes, berries, fruits, or vegetables grown in this state which are purchased and used for the making of wine in this state. (b) The records shall include weight receipts for fruits and vegetables, together with proof of purchase of the fruits and vegetables from Arkansas producers, a copy of which shall accompany requests for a tax subsidy payment. Proof of purchase shall consist of a copy of the sale weight receipt signed by the weighmaster, indicating the Arkansas grower's name and address from whom purchased. All weights shall be made upon scales inspected and certified by the Bureau of Standards of the State Plant Board. (c) Wineries shall be allowed to submit weights from the past growing season, or for past years' growing seasons, preceding the sale of wine in order to allow for proper aging of the wine, with the exception of aged vintage year wines, in which case, a copy of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives vintage control production form shall accompany the copy of the weight ticket for the year the vintage was harvested, following federal restrictions on fractional blend allowances. Acts 1975, No. 679, § 4; A.S.A. 1947, § 48-640.

(a) Each winery in this state shall keep records to establish the quantity of grapes, berries, fruits, or vegetables grown in this state which are purchased and used for the making of wine in this state.

(b) The records shall include weight receipts for fruits and vegetables, together with proof of purchase of the fruits and vegetables from Arkansas producers, a copy of which shall accompany requests for a tax subsidy payment. Proof of purchase shall consist of a copy of the sale weight receipt signed by the weighmaster, indicating the Arkansas grower's name and address from whom purchased. All weights shall be made upon scales inspected and certified by the Bureau of Standards of the State Plant Board.

(c) Wineries shall be allowed to submit weights from the past growing season, or for past years' growing seasons, preceding the sale of wine in order to allow for proper aging of the wine, with the exception of aged vintage year wines, in which case, a copy of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives vintage control production form shall accompany the copy of the weight ticket for the year the vintage was harvested, following federal restrictions on fractional blend allowances.

Acts 1975, No. 679, § 4; A.S.A. 1947, § 48-640.
Ark. Code Ann. § 3-5-205 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-205
Privilege tax - Levy and collection - Exception - Definition
Status: in_force

(a) For the privilege of doing business, there shall, each fiscal year beginning July 1, be assessed, levied, and collected from each: (1) (A) Wholesale dealer or broker, or distributor in light wine or beer, a special tax of one thousand dollars ($1,000) for each county in which the broker, distributor, or wholesale dealer operates. (B) However, the special tax shall not exceed five thousand dollars ($5,000) for any one (1) broker, distributor, or wholesale dealer; (2) Manufacturer of beer, a special tax of seven hundred fifty dollars ($750); and (3) Retail dealer of nonintoxicating liquor, a special tax of three hundred fifty dollars ($350). (b) The tax shall be due and payable at each place where the business of the wholesale dealer, manufacturer, distributor, or retail dealer, as the case may be, is carried on. (c) All special taxes shall become due and payable on or before June 30 of each calendar year for the fiscal year beginning July 1 or on commencing business on which the tax is imposed. (d) The tax shall be levied, assessed, and collected by such methods, within the limitations prescribed in this subchapter, and under such rules as may be regularly provided. (e) (1) However, a grower of grapes and other fruits may manufacture and sell wine upon the premises of the grower in original packages of not less than one-fourth of a gallon (¼ gal.) from grapes and other fruits actually grown by the party so manufacturing wine upon his or her own premises, free from the license fees and taxes provided in this subchapter. (2) A "grower" is defined to be one who actually grows and produces grapes and other fruits upon his or her own premises or upon the premises occupied by him or her as a tenant. (f) (1) However, any person in this state may manufacture home-brewed beer or home-manufactured wine: (A) Upon his or her own premises free from the license fees and taxes provided in this subchapter; (B) For consumption by the manufacturer and his or her family and guests, but not for sale; and (C) In quantities per calendar year not to exceed: (i) Two hundred gallons (200 gals.) if there are two (2) or more adults in the household; or (ii) One hundred gallons (100 gals.) if there is only one (1) adult in the household. (2) While the manufacture of beer or wine is declared to be a privilege, the home manufacture of beer or wine in quantities not to exceed two hundred gallons (200 gals.) per calendar year shall be exempted from § 3-4-101 , § 3-4-602 , § 3-5-205(a) -(e), § 3-5-206 , and § 3-5-211 . (g) Home-brewed beer may be removed from the manufacturer's premises for personal or family use, including without limitation, for organized affairs, exhibitions, competitions, and tastings. (h) A microbrewery-restaurant is exempt from this section. Amended by Act 2019, No. 315,§ 62, eff. 7/24/2019. Amended by Act 2019, No. 861,§ 2, eff. 7/24/2019. Amended by Act 2015, No. 857,§ 1, eff. 3/31/2015. Acts 1933 (1st Ex. Sess.), No. 7, §§ 4, 11; Pope's Dig., §§ 14196, 14203; Acts 1953, No. 372, § 1; 1957, No. 375, § 1, as added by 1953, No. 118, § 36(F), as added by 1971, No. 585, § 12; 1983, No. 420, § 1; A.S.A. 1947, §§ 48-504, 48-507, 48-313.1; Acts 1993, No. 528, §§ 1, 2; 1995, No. 1051, § 2; 2001, No. 1813, § 1; 2009, No. 294, § 13.

(a) For the privilege of doing business, there shall, each fiscal year beginning July 1, be assessed, levied, and collected from each: (1) (A) Wholesale dealer or broker, or distributor in light wine or beer, a special tax of one thousand dollars ($1,000) for each county in which the broker, distributor, or wholesale dealer operates. (B) However, the special tax shall not exceed five thousand dollars ($5,000) for any one (1) broker, distributor, or wholesale dealer; (2) Manufacturer of beer, a special tax of seven hundred fifty dollars ($750); and (3) Retail dealer of nonintoxicating liquor, a special tax of three hundred fifty dollars ($350).

(1) (A) Wholesale dealer or broker, or distributor in light wine or beer, a special tax of one thousand dollars ($1,000) for each county in which the broker, distributor, or wholesale dealer operates. (B) However, the special tax shall not exceed five thousand dollars ($5,000) for any one (1) broker, distributor, or wholesale dealer;

(A) Wholesale dealer or broker, or distributor in light wine or beer, a special tax of one thousand dollars ($1,000) for each county in which the broker, distributor, or wholesale dealer operates.

(B) However, the special tax shall not exceed five thousand dollars ($5,000) for any one (1) broker, distributor, or wholesale dealer;

(2) Manufacturer of beer, a special tax of seven hundred fifty dollars ($750); and

(3) Retail dealer of nonintoxicating liquor, a special tax of three hundred fifty dollars ($350).

(b) The tax shall be due and payable at each place where the business of the wholesale dealer, manufacturer, distributor, or retail dealer, as the case may be, is carried on.

(c) All special taxes shall become due and payable on or before June 30 of each calendar year for the fiscal year beginning July 1 or on commencing business on which the tax is imposed.

(d) The tax shall be levied, assessed, and collected by such methods, within the limitations prescribed in this subchapter, and under such rules as may be regularly provided.

(e) (1) However, a grower of grapes and other fruits may manufacture and sell wine upon the premises of the grower in original packages of not less than one-fourth of a gallon (¼ gal.) from grapes and other fruits actually grown by the party so manufacturing wine upon his or her own premises, free from the license fees and taxes provided in this subchapter. (2) A "grower" is defined to be one who actually grows and produces grapes and other fruits upon his or her own premises or upon the premises occupied by him or her as a tenant.

(1) However, a grower of grapes and other fruits may manufacture and sell wine upon the premises of the grower in original packages of not less than one-fourth of a gallon (¼ gal.) from grapes and other fruits actually grown by the party so manufacturing wine upon his or her own premises, free from the license fees and taxes provided in this subchapter.

(2) A "grower" is defined to be one who actually grows and produces grapes and other fruits upon his or her own premises or upon the premises occupied by him or her as a tenant.

(f) (1) However, any person in this state may manufacture home-brewed beer or home-manufactured wine: (A) Upon his or her own premises free from the license fees and taxes provided in this subchapter; (B) For consumption by the manufacturer and his or her family and guests, but not for sale; and (C) In quantities per calendar year not to exceed: (i) Two hundred gallons (200 gals.) if there are two (2) or more adults in the household; or (ii) One hundred gallons (100 gals.) if there is only one (1) adult in the household. (2) While the manufacture of beer or wine is declared to be a privilege, the home manufacture of beer or wine in quantities not to exceed two hundred gallons (200 gals.) per calendar year shall be exempted from § 3-4-101 , § 3-4-602 , § 3-5-205(a) -(e), § 3-5-206 , and § 3-5-211 .

(1) However, any person in this state may manufacture home-brewed beer or home-manufactured wine: (A) Upon his or her own premises free from the license fees and taxes provided in this subchapter; (B) For consumption by the manufacturer and his or her family and guests, but not for sale; and (C) In quantities per calendar year not to exceed: (i) Two hundred gallons (200 gals.) if there are two (2) or more adults in the household; or (ii) One hundred gallons (100 gals.) if there is only one (1) adult in the household.

(A) Upon his or her own premises free from the license fees and taxes provided in this subchapter;

(B) For consumption by the manufacturer and his or her family and guests, but not for sale; and

(C) In quantities per calendar year not to exceed: (i) Two hundred gallons (200 gals.) if there are two (2) or more adults in the household; or (ii) One hundred gallons (100 gals.) if there is only one (1) adult in the household.

(i) Two hundred gallons (200 gals.) if there are two (2) or more adults in the household; or

(ii) One hundred gallons (100 gals.) if there is only one (1) adult in the household.

(2) While the manufacture of beer or wine is declared to be a privilege, the home manufacture of beer or wine in quantities not to exceed two hundred gallons (200 gals.) per calendar year shall be exempted from § 3-4-101 , § 3-4-602 , § 3-5-205(a) -(e), § 3-5-206 , and § 3-5-211 .

(g) Home-brewed beer may be removed from the manufacturer's premises for personal or family use, including without limitation, for organized affairs, exhibitions, competitions, and tastings.

(h) A microbrewery-restaurant is exempt from this section.

Amended by Act 2019, No. 315,§ 62, eff. 7/24/2019.

Amended by Act 2019, No. 861,§ 2, eff. 7/24/2019.

Amended by Act 2015, No. 857,§ 1, eff. 3/31/2015.

Acts 1933 (1st Ex. Sess.), No. 7, §§ 4, 11; Pope's Dig., §§ 14196, 14203; Acts 1953, No. 372, § 1; 1957, No. 375, § 1, as added by 1953, No. 118, § 36(F), as added by 1971, No. 585, § 12; 1983, No. 420, § 1; A.S.A. 1947, §§ 48-504, 48-507, 48-313.1; Acts 1993, No. 528, §§ 1, 2; 1995, No. 1051, § 2; 2001, No. 1813, § 1; 2009, No. 294, § 13.
Ark. Code Ann. § 3-8-702 — AR Code / Title 3 / Chapter 8 / Subchapter 7 / Section 3-8-702
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Contribution" means, whether direct or indirect, advances, deposits, transfers of funds, contracts, or obligations, whether or not legally enforceable, payments, gifts, subscriptions, assessments, payments for services, dues, advancements, forbearance, loans, pledges, or promises of money or anything of value, whether or not legally enforceable, to a person for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question. (B) "Contribution" includes the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events and the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all persons for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question. (C) "Contribution" does not include: (i) Noncompensated, nonreimbursed volunteer personal services or travel; (ii) Activities designed solely to encourage individuals to vote or to register to vote; or (iii) Any communication by a bona fide church or religious denomination to its own members or adherents for the sole purpose of protecting the right to practice the religious tenets of the church or religious denomination; (2) "Disqualification of a local-option ballot question" means any action or process, legal or otherwise, that seeks to prevent a local-option ballot question from being on the ballot at an election; (3) "Elected official" means any person holding an elective office of any governmental body, whether elected or appointed to the office; (4) (A) "Expenditure" means a purchase, payment, distribution, gift, loan, or advance of money or anything of value, and a contract, promise, or agreement to make an expenditure for goods, services, materials, or facilities for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question. (B) "Expenditure" does not include an expenditure made for communication by a person strictly with the person's paid members or shareholders; (5) "Governmental body" means any office, department, commission, council, board, committee, legislative body, agency, or other establishment of the executive, judicial, or legislative branch of the state, municipality, county, school district, improvement district, or any political district or subdivision thereof; (6) "Local-option ballot question" means a question in the form of a local-option initiative that is submitted or intended to be submitted to a popular vote at an election, whether or not it qualifies for the ballot; (7) (A) "Local-option ballot question committee" means any person, located within or outside Arkansas, that receives contributions for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question or any person, other than an elected official expending public funds, or an individual, located within or outside Arkansas, that makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question. (B) A person other than an individual or an approved political action committee as defined in § 7-6-201 , located within or outside Arkansas, also qualifies as a local-option ballot question committee if two percent (2%) or more of the committee's annual revenues, operating expenses, or funds are used to make a contribution or contributions to another ballot question committee and if the contribution or contributions exceed ten thousand dollars ($10,000) in value; (8) (A) "Person" means any individual, business, proprietorship, firm, partnership, joint venture, syndicate, business trust, labor organization, company, corporation, association, committee, or any other organization or group of persons acting in concert. (B) "Person" includes a public servant or governmental body using public funds to expressly advocate the qualification, disqualification, passage, or defeat of a local-option ballot question; and (9) "Qualification of a local-option ballot question" means any action or process, legal or otherwise, through which a local-option ballot question obtains certification to be on the ballot at an election. Amended by Act 2015, No. 226,§ 1, eff. 7/22/2015. Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.

As used in this subchapter:

(1) (A) "Contribution" means, whether direct or indirect, advances, deposits, transfers of funds, contracts, or obligations, whether or not legally enforceable, payments, gifts, subscriptions, assessments, payments for services, dues, advancements, forbearance, loans, pledges, or promises of money or anything of value, whether or not legally enforceable, to a person for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question. (B) "Contribution" includes the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events and the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all persons for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question. (C) "Contribution" does not include: (i) Noncompensated, nonreimbursed volunteer personal services or travel; (ii) Activities designed solely to encourage individuals to vote or to register to vote; or (iii) Any communication by a bona fide church or religious denomination to its own members or adherents for the sole purpose of protecting the right to practice the religious tenets of the church or religious denomination;

(A) "Contribution" means, whether direct or indirect, advances, deposits, transfers of funds, contracts, or obligations, whether or not legally enforceable, payments, gifts, subscriptions, assessments, payments for services, dues, advancements, forbearance, loans, pledges, or promises of money or anything of value, whether or not legally enforceable, to a person for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question.

(B) "Contribution" includes the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events and the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all persons for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question.

(C) "Contribution" does not include: (i) Noncompensated, nonreimbursed volunteer personal services or travel; (ii) Activities designed solely to encourage individuals to vote or to register to vote; or (iii) Any communication by a bona fide church or religious denomination to its own members or adherents for the sole purpose of protecting the right to practice the religious tenets of the church or religious denomination;

(i) Noncompensated, nonreimbursed volunteer personal services or travel;

(ii) Activities designed solely to encourage individuals to vote or to register to vote; or

(iii) Any communication by a bona fide church or religious denomination to its own members or adherents for the sole purpose of protecting the right to practice the religious tenets of the church or religious denomination;

(2) "Disqualification of a local-option ballot question" means any action or process, legal or otherwise, that seeks to prevent a local-option ballot question from being on the ballot at an election;

(3) "Elected official" means any person holding an elective office of any governmental body, whether elected or appointed to the office;

(4) (A) "Expenditure" means a purchase, payment, distribution, gift, loan, or advance of money or anything of value, and a contract, promise, or agreement to make an expenditure for goods, services, materials, or facilities for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question. (B) "Expenditure" does not include an expenditure made for communication by a person strictly with the person's paid members or shareholders;

(A) "Expenditure" means a purchase, payment, distribution, gift, loan, or advance of money or anything of value, and a contract, promise, or agreement to make an expenditure for goods, services, materials, or facilities for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question.

(B) "Expenditure" does not include an expenditure made for communication by a person strictly with the person's paid members or shareholders;

(5) "Governmental body" means any office, department, commission, council, board, committee, legislative body, agency, or other establishment of the executive, judicial, or legislative branch of the state, municipality, county, school district, improvement district, or any political district or subdivision thereof;

(6) "Local-option ballot question" means a question in the form of a local-option initiative that is submitted or intended to be submitted to a popular vote at an election, whether or not it qualifies for the ballot;

(7) (A) "Local-option ballot question committee" means any person, located within or outside Arkansas, that receives contributions for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question or any person, other than an elected official expending public funds, or an individual, located within or outside Arkansas, that makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question. (B) A person other than an individual or an approved political action committee as defined in § 7-6-201 , located within or outside Arkansas, also qualifies as a local-option ballot question committee if two percent (2%) or more of the committee's annual revenues, operating expenses, or funds are used to make a contribution or contributions to another ballot question committee and if the contribution or contributions exceed ten thousand dollars ($10,000) in value;

(A) "Local-option ballot question committee" means any person, located within or outside Arkansas, that receives contributions for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question or any person, other than an elected official expending public funds, or an individual, located within or outside Arkansas, that makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question.

(B) A person other than an individual or an approved political action committee as defined in § 7-6-201 , located within or outside Arkansas, also qualifies as a local-option ballot question committee if two percent (2%) or more of the committee's annual revenues, operating expenses, or funds are used to make a contribution or contributions to another ballot question committee and if the contribution or contributions exceed ten thousand dollars ($10,000) in value;

(8) (A) "Person" means any individual, business, proprietorship, firm, partnership, joint venture, syndicate, business trust, labor organization, company, corporation, association, committee, or any other organization or group of persons acting in concert. (B) "Person" includes a public servant or governmental body using public funds to expressly advocate the qualification, disqualification, passage, or defeat of a local-option ballot question; and

(A) "Person" means any individual, business, proprietorship, firm, partnership, joint venture, syndicate, business trust, labor organization, company, corporation, association, committee, or any other organization or group of persons acting in concert.

(B) "Person" includes a public servant or governmental body using public funds to expressly advocate the qualification, disqualification, passage, or defeat of a local-option ballot question; and

(9) "Qualification of a local-option ballot question" means any action or process, legal or otherwise, through which a local-option ballot question obtains certification to be on the ballot at an election.

Amended by Act 2015, No. 226,§ 1, eff. 7/22/2015.

Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.