Ark. Code Ann. § 3-9-215 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-215
Authorization of Sunday sales on December 31
Status: in_force

When a Sunday falls on December 31 of any year, licensed restaurants and hotels authorized to sell alcoholic beverages under § 3-3-210 may automatically sell alcoholic beverages for on-premises consumption between the hours of 10:00 a.m. on Sunday and 2:00 a.m. on the following Monday unless the city, town, or county establishes by ordinance a lesser period of time within which alcoholic beverages may be sold for on-premises consumption by the licensed restaurants and hotels. Acts 1987, No. 115, §§ 1-3; 1995, No. 192, § 1; 1995, No. 563, §§ 1, 2; 1997, No. 1010, § 4; 1997, No. 1060, § 4; 2009, No. 294, § 21.

When a Sunday falls on December 31 of any year, licensed restaurants and hotels authorized to sell alcoholic beverages under § 3-3-210 may automatically sell alcoholic beverages for on-premises consumption between the hours of 10:00 a.m. on Sunday and 2:00 a.m. on the following Monday unless the city, town, or county establishes by ordinance a lesser period of time within which alcoholic beverages may be sold for on-premises consumption by the licensed restaurants and hotels.

Acts 1987, No. 115, §§ 1-3; 1995, No. 192, § 1; 1995, No. 563, §§ 1, 2; 1997, No. 1010, § 4; 1997, No. 1060, § 4; 2009, No. 294, § 21.
Ark. Code Ann. § 3-7-403 — AR Code / Title 3 / Chapter 7 / Subchapter 4 / Section 3-7-403
Penalty for noncompliance
Status: in_force

(a) If any licensee or permittee fails to file a report on the fifteenth day of each month as provided in § 3-7-401 , the sum of five dollars ($5.00) for each day the licensee or permittee is in default shall be added to and become a part of the tax as an additional tax. (b) If any licensee or permittee fails to pay the excise tax within the time prescribed for payment by the Alcoholic Beverage Control Board, a penalty of five percent (5%) of the amount of the excise tax due shall be added to the tax. Acts 1953, No. 179, § 3; A.S.A. 1947, § 48-414.

(a) If any licensee or permittee fails to file a report on the fifteenth day of each month as provided in § 3-7-401 , the sum of five dollars ($5.00) for each day the licensee or permittee is in default shall be added to and become a part of the tax as an additional tax.

(b) If any licensee or permittee fails to pay the excise tax within the time prescribed for payment by the Alcoholic Beverage Control Board, a penalty of five percent (5%) of the amount of the excise tax due shall be added to the tax.

Acts 1953, No. 179, § 3; A.S.A. 1947, § 48-414.
Ark. Code Ann. § 3-3-401 — AR Code / Title 3 / Chapter 3 / Subchapter 4 / Section 3-3-401
Definition
Status: in_force

(a) As used in this subchapter, unless the context otherwise requires, "illicit still" means an apparatus designed for the unlawful manufacture of intoxicating liquor, which shall include an outfit or parts of an outfit commonly used, or intended to be used, in the distillation or manufacture of spirituous, vinous, or malt liquors and which is not duly registered in the office of the Commissioner of Internal Revenue. (b) The burden of proving that the still or apparatus is so registered shall be on the defendant or defendants under charge. Acts 1935, No. 108, Art. 6, § 5; Pope's Dig., § 14138; A.S.A. 1947, § 48-937.

(a) As used in this subchapter, unless the context otherwise requires, "illicit still" means an apparatus designed for the unlawful manufacture of intoxicating liquor, which shall include an outfit or parts of an outfit commonly used, or intended to be used, in the distillation or manufacture of spirituous, vinous, or malt liquors and which is not duly registered in the office of the Commissioner of Internal Revenue.

(b) The burden of proving that the still or apparatus is so registered shall be on the defendant or defendants under charge.

Acts 1935, No. 108, Art. 6, § 5; Pope's Dig., § 14138; A.S.A. 1947, § 48-937.
Ark. Code Ann. § 3-9-226 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-226
Private clubs - Advertising - Definition
Status: in_force

(a) As used in this section, "intoxicating liquor" means a beverage containing more than one-half of one percent (0.5%) of alcohol by weight. (b) (1) It shall be unlawful for a private club, as defined in § 3-9-202 , to use the advertising media to promote the consumption and use of alcoholic beverages or to advertise or announce the price of service of alcoholic beverages for on-premises consumption in a county where its voters have not authorized the sale of intoxicating liquor in a local option election under Initiated Act No. 1 of 1942, as amended, §§ 3-8-201 - 3-8-203 , and 3-8-205 - 3-8-209 . (2) The prohibition on advertising or promoting the consumption of alcoholic beverages under subdivision (b)(1) of this section does not require a private club to block visibility through the private club's windows or doors to prevent the general public from viewing patrons consuming alcoholic beverages, including without limitation through the use of window tinting. (c) (1) A private club, regardless of whether or not the voters in the county authorized the sale of intoxicating liquor in a local option election, shall be entitled to use the advertising media to advertise or announce social functions of general interest, including without limitation: (A) A golf tournament; (B) A charity ball; (C) An entertainment event; or (D) A similar activity. (2) The social function shall be held within the confines of club property. (3) The advertising for the social function shall be preceded by the words "Notice to Members" and the name of the club or organization sponsoring such social activity. Amended by Act 2023, No. 801,§ 1, eff. 8/1/2023. Amended by Act 2013, No. 527,§ 5, eff. 8/16/2013. Acts 1975, No. 901, § 1; A.S.A. 1947, § 48-955.

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

(b) (1) It shall be unlawful for a private club, as defined in § 3-9-202 , to use the advertising media to promote the consumption and use of alcoholic beverages or to advertise or announce the price of service of alcoholic beverages for on-premises consumption in a county where its voters have not authorized the sale of intoxicating liquor in a local option election under Initiated Act No. 1 of 1942, as amended, §§ 3-8-201 - 3-8-203 , and 3-8-205 - 3-8-209 . (2) The prohibition on advertising or promoting the consumption of alcoholic beverages under subdivision (b)(1) of this section does not require a private club to block visibility through the private club's windows or doors to prevent the general public from viewing patrons consuming alcoholic beverages, including without limitation through the use of window tinting.

(1) It shall be unlawful for a private club, as defined in § 3-9-202 , to use the advertising media to promote the consumption and use of alcoholic beverages or to advertise or announce the price of service of alcoholic beverages for on-premises consumption in a county where its voters have not authorized the sale of intoxicating liquor in a local option election under Initiated Act No. 1 of 1942, as amended, §§ 3-8-201 - 3-8-203 , and 3-8-205 - 3-8-209 .

(2) The prohibition on advertising or promoting the consumption of alcoholic beverages under subdivision (b)(1) of this section does not require a private club to block visibility through the private club's windows or doors to prevent the general public from viewing patrons consuming alcoholic beverages, including without limitation through the use of window tinting.

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

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

(A) A golf tournament;

(B) A charity ball;

(C) An entertainment event; or

(D) A similar activity.

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

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

Amended by Act 2023, No. 801,§ 1, eff. 8/1/2023.

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

Acts 1975, No. 901, § 1; A.S.A. 1947, § 48-955.
Ark. Code Ann. § 3-4-805 — AR Code / Title 3 / Chapter 4 / Subchapter 8 / Section 3-4-805
Certification
Status: in_force

In order to qualify for certification, the permittee shall comply with the following requirements: (1) Attend a course of instruction approved and certified by the Alcoholic Beverage Control Board which shall include subjects dealing with alcoholic beverages as follows: (A) Education on the dangers of drinking and driving; (B) State laws regarding the sale of alcoholic beverages for on-premises consumption or for off-premises consumption, or both; (C) Methods of recognizing and dealing with underage customers; (D) The development of specific procedures for: (i) Refusing to sell alcoholic beverages to underage customers; (ii) Assisting employees in dealing with underage customers; (iii) Dealing with intoxicated customers; and (E) Such other matters as may be deemed appropriate by the board; (2) Require each employee who is authorized to sell alcoholic beverages in the normal course of his or her employment to complete the responsible permittee training course set out in subdivision (1) of this section within thirty (30) days of commencing employment; and (3) Maintain employment records of the training of its employees required by this section. Acts 1993, No. 173, § 5.

In order to qualify for certification, the permittee shall comply with the following requirements:

(1) Attend a course of instruction approved and certified by the Alcoholic Beverage Control Board which shall include subjects dealing with alcoholic beverages as follows: (A) Education on the dangers of drinking and driving; (B) State laws regarding the sale of alcoholic beverages for on-premises consumption or for off-premises consumption, or both; (C) Methods of recognizing and dealing with underage customers; (D) The development of specific procedures for: (i) Refusing to sell alcoholic beverages to underage customers; (ii) Assisting employees in dealing with underage customers; (iii) Dealing with intoxicated customers; and (E) Such other matters as may be deemed appropriate by the board;

(A) Education on the dangers of drinking and driving;

(B) State laws regarding the sale of alcoholic beverages for on-premises consumption or for off-premises consumption, or both;

(C) Methods of recognizing and dealing with underage customers;

(D) The development of specific procedures for: (i) Refusing to sell alcoholic beverages to underage customers; (ii) Assisting employees in dealing with underage customers; (iii) Dealing with intoxicated customers; and

(i) Refusing to sell alcoholic beverages to underage customers;

(ii) Assisting employees in dealing with underage customers;

(iii) Dealing with intoxicated customers; and

(E) Such other matters as may be deemed appropriate by the board;

(2) Require each employee who is authorized to sell alcoholic beverages in the normal course of his or her employment to complete the responsible permittee training course set out in subdivision (1) of this section within thirty (30) days of commencing employment; and

(3) Maintain employment records of the training of its employees required by this section.

Acts 1993, No. 173, § 5.
Ark. Code Ann. § 3-5-1609 — AR Code / Title 3 / Chapter 5 / Subchapter 16 / Section 3-5-1609
Penalty
Status: in_force

Upon conviction, a person who violates this subchapter or any reasonable rule adopted under this subchapter by the Director of the Alcoholic Beverage Control Division or the Secretary of the Department of Finance and Administration is guilty of a Class B misdemeanor. Amended by Act 2019, No. 910,§ 3327, eff. 7/1/2019. Acts 2007, No. 668, § 1; 2009, No. 548, § 7.

Upon conviction, a person who violates this subchapter or any reasonable rule adopted under this subchapter by the Director of the Alcoholic Beverage Control Division or the Secretary of the Department of Finance and Administration is guilty of a Class B misdemeanor.

Amended by Act 2019, No. 910,§ 3327, eff. 7/1/2019.

Acts 2007, No. 668, § 1; 2009, No. 548, § 7.
Ark. Code Ann. § 3-2-204 — AR Code / Title 3 / Chapter 2 / Subchapter 2 / Section 3-2-204
Seals - Authentication of records
Status: in_force

(a) The Director of the Alcoholic Beverage Control Division and the Alcoholic Beverage Control Board each may adopt, keep, and use a common seal. This seal shall be used for authentication of the records, process, and proceedings of the director and board, respectively. Judicial notice shall be taken of each of these seals in all of the courts of the state. (b) Any process, notice, or other paper which the director may be authorized by law to issue shall be deemed sufficient if signed by the director and authenticated by the seal of the director. (c) Any process, notice, or other paper which the board may be authorized by law to issue shall be deemed sufficient if signed by the Chair of the Alcoholic Beverage Control Board and authenticated by the seal of the board. (d) All acts, orders, proceedings, rules, entries, minutes, and other records of the director and all reports and documents filed with the director may be proved in any court of this state by copy thereof, certified by the director with the seal of the director attached. (e) All acts, orders, proceedings, rules, entries, minutes, and other records of the board and all reports and documents filed with the director may be proved in any court of this state by copy thereof, certified by the chair of the board with the seal of the board attached. Amended by Act 2019, No. 315,§ 34, eff. 7/24/2019. Acts 1951, No. 159, § 10; A.S.A. 1947, § 48-1309.

(a) The Director of the Alcoholic Beverage Control Division and the Alcoholic Beverage Control Board each may adopt, keep, and use a common seal. This seal shall be used for authentication of the records, process, and proceedings of the director and board, respectively. Judicial notice shall be taken of each of these seals in all of the courts of the state.

(b) Any process, notice, or other paper which the director may be authorized by law to issue shall be deemed sufficient if signed by the director and authenticated by the seal of the director.

(c) Any process, notice, or other paper which the board may be authorized by law to issue shall be deemed sufficient if signed by the Chair of the Alcoholic Beverage Control Board and authenticated by the seal of the board.

(d) All acts, orders, proceedings, rules, entries, minutes, and other records of the director and all reports and documents filed with the director may be proved in any court of this state by copy thereof, certified by the director with the seal of the director attached.

(e) All acts, orders, proceedings, rules, entries, minutes, and other records of the board and all reports and documents filed with the director may be proved in any court of this state by copy thereof, certified by the chair of the board with the seal of the board attached.

Amended by Act 2019, No. 315,§ 34, eff. 7/24/2019.

Acts 1951, No. 159, § 10; A.S.A. 1947, § 48-1309.
Ark. Code Ann. § 3-5-1418 — AR Code / Title 3 / Chapter 5 / Subchapter 14 / Section 3-5-1418
Small brewery tap room
Status: in_force

(a) A small brewery tap room may: (1) For beer and hard cider produced by the small brewery, sell for both on-premises and off-premises consumption; and (2) For beer, hard cider, and wine not produced by the licensed small brewery, sell for on-premises consumption. (b) A small brewery tap room may operate a restaurant. Added by Act 2017, No. 950,§ 4, eff. 8/1/2017.

(a) A small brewery tap room may: (1) For beer and hard cider produced by the small brewery, sell for both on-premises and off-premises consumption; and (2) For beer, hard cider, and wine not produced by the licensed small brewery, sell for on-premises consumption.

(1) For beer and hard cider produced by the small brewery, sell for both on-premises and off-premises consumption; and

(2) For beer, hard cider, and wine not produced by the licensed small brewery, sell for on-premises consumption.

(b) A small brewery tap room may operate a restaurant.

Added by Act 2017, No. 950,§ 4, eff. 8/1/2017.
Ark. Code Ann. § 3-6-105 — AR Code / Title 3 / Chapter 6 / Section 3-6-105
Tax on sales
Status: in_force

(a) The holder of a permit shall pay a tax of one dollar ($1.00) per gallon, payable and collectible in the manner as in the case of other taxes on intoxicating liquors now provided on all of the products sold for consumption within the State of Arkansas to the holders of wholesale or retail liquor permits within the state. (b) The manufacturer may sell the products for export without the state, or to the manufacturers of native wine in this state for use in the fortification of the wine, free of payment of the taxes, under rules and regulations as may be provided pursuant to the authority of this chapter. Acts 1953, No. 163, § 6; A.S.A. 1947, § 48-711.

(a) The holder of a permit shall pay a tax of one dollar ($1.00) per gallon, payable and collectible in the manner as in the case of other taxes on intoxicating liquors now provided on all of the products sold for consumption within the State of Arkansas to the holders of wholesale or retail liquor permits within the state.

(b) The manufacturer may sell the products for export without the state, or to the manufacturers of native wine in this state for use in the fortification of the wine, free of payment of the taxes, under rules and regulations as may be provided pursuant to the authority of this chapter.

Acts 1953, No. 163, § 6; A.S.A. 1947, § 48-711.
Ark. Code Ann. § 3-9-304 — AR Code / Title 3 / Chapter 9 / Subchapter 3 / Section 3-9-304
Sale by restaurant located near certain cities
Status: in_force

A restaurant, as defined in § 3-9-301 , that is located within two (2) miles of a city having a population of at least fifty-five thousand (55,000) but not more than sixty thousand (60,000) persons according to the 1970 Federal Decennial Census, and in an area in which the sale of alcoholic beverages is lawful, shall be entitled to make application for and obtain a permit to serve wine or hard cider, or both, with food in such restaurants in the manner prescribed in this subchapter. Amended by Act 2019, No. 691,§ 23, eff. 7/24/2019. Acts 1979, No. 687, § 1; A.S.A. 1947, § 48-627.1.

A restaurant, as defined in § 3-9-301 , that is located within two (2) miles of a city having a population of at least fifty-five thousand (55,000) but not more than sixty thousand (60,000) persons according to the 1970 Federal Decennial Census, and in an area in which the sale of alcoholic beverages is lawful, shall be entitled to make application for and obtain a permit to serve wine or hard cider, or both, with food in such restaurants in the manner prescribed in this subchapter.

Amended by Act 2019, No. 691,§ 23, eff. 7/24/2019.

Acts 1979, No. 687, § 1; A.S.A. 1947, § 48-627.1.
Ark. Code Ann. § 3-5-1901 — AR Code / Title 3 / Chapter 5 / Subchapter 19 / Section 3-5-1901
Definitions
Status: in_force

As used in this subchapter: (1) "Alcoholic beverage" means a beverage containing more than five-tenths percent (0.5%) of alcohol by weight; (2) "Barrel" means thirty-one gallons (31 gals.); (3) "Beer" means a fermented liquor made from malt or a substitute and having an alcoholic content not in excess of five percent (5%) by volume; (4) "Dry area" means an area in this state in which the manufacture or sale of beer is prohibited by a local option election held pursuant to applicable laws of this state; (5) "Malt beverage" means a liquor brewed from the fermented juices of grain and having an alcoholic content of at least five percent (5%) but not more than twenty-one percent (21%) by weight; (6) "Microbrewery" means a brewery that manufactures one (1) or more varieties of beer, malt beverage, or hard cider in an aggregate quantity not to exceed forty-five thousand (45,000) barrels per year from all facilities under common ownership with the microbrewery; (7) "Microbrewery-restaurant private club" means a nonprofit organization organized and existing under the laws of this state that: (A) Is both a microbrewery and a restaurant; (B) Has members, which are not directly or indirectly benefitted by the entity's net revenues; (C) Exists for some common recreational, social, patriotic, political, national, benevolent, athletic, community hospitality, professional association, entertainment, or other object or purpose other than the consumption of alcoholic beverages; and (D) Has existed for at least one (1) year; (8) "On-premises consumption" means the sale of alcoholic beverages by the drink or in broken or unsealed containers for consumption: (A) On the premises where sold; or (B) Within the boundaries of a designated entertainment district established under § 14-54-1412 that is contiguous with the premises; and (9) "Restaurant" means a public or private place that: (A) Is kept, used, maintained, advertised, and held out to the public or to a private or restricted membership as a place where complete meals are actually and regularly served; (B) Has adequate and sanitary kitchen and dining equipment; (C) Has seating capacity for at least fifty (50) people; (D) Has sufficient number and type of employees to prepare, cook, and serve suitable food for its guests or members; (E) Serves at least one (1) meal per day; and (F) Is open for business a minimum of five (5) days per week, with the exception of holidays, vacations, and periods of redecorating. Amended by Act 2023, No. 334,§ 1, eff. 8/1/2023. Added by Act 2019, No. 681,§ 1, eff. 7/24/2019.

As used in this subchapter:

(1) "Alcoholic beverage" means a beverage containing more than five-tenths percent (0.5%) of alcohol by weight;

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

(3) "Beer" means a fermented liquor made from malt or a substitute and having an alcoholic content not in excess of five percent (5%) by volume;

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

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

(6) "Microbrewery" means a brewery that manufactures one (1) or more varieties of beer, malt beverage, or hard cider in an aggregate quantity not to exceed forty-five thousand (45,000) barrels per year from all facilities under common ownership with the microbrewery;

(7) "Microbrewery-restaurant private club" means a nonprofit organization organized and existing under the laws of this state that: (A) Is both a microbrewery and a restaurant; (B) Has members, which are not directly or indirectly benefitted by the entity's net revenues; (C) Exists for some common recreational, social, patriotic, political, national, benevolent, athletic, community hospitality, professional association, entertainment, or other object or purpose other than the consumption of alcoholic beverages; and (D) Has existed for at least one (1) year;

(A) Is both a microbrewery and a restaurant;

(B) Has members, which are not directly or indirectly benefitted by the entity's net revenues;

(C) Exists for some common recreational, social, patriotic, political, national, benevolent, athletic, community hospitality, professional association, entertainment, or other object or purpose other than the consumption of alcoholic beverages; and

(D) Has existed for at least one (1) year;

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

(A) On the premises where sold; or

(B) Within the boundaries of a designated entertainment district established under § 14-54-1412 that is contiguous with the premises; and

(9) "Restaurant" means a public or private place that: (A) Is kept, used, maintained, advertised, and held out to the public or to a private or restricted membership as a place where complete meals are actually and regularly served; (B) Has adequate and sanitary kitchen and dining equipment; (C) Has seating capacity for at least fifty (50) people; (D) Has sufficient number and type of employees to prepare, cook, and serve suitable food for its guests or members; (E) Serves at least one (1) meal per day; and (F) Is open for business a minimum of five (5) days per week, with the exception of holidays, vacations, and periods of redecorating.

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

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

(C) Has seating capacity for at least fifty (50) people;

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

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

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

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

Added by Act 2019, No. 681,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 3-5-1410 — AR Code / Title 3 / Chapter 5 / Subchapter 14 / Section 3-5-1410
Licenses - Application
Status: in_force

A small brewers' license shall not be issued unless the applicant files with the Director of the Alcoholic Beverage Control Division a verified application in a form and content that the director requires, accompanied by payment of the applicable fee. Amended by Act 2015, No. 857,§ 9, eff. 3/31/2015. Acts 2003, No. 1805, § 10.

A small brewers' license shall not be issued unless the applicant files with the Director of the Alcoholic Beverage Control Division a verified application in a form and content that the director requires, accompanied by payment of the applicable fee.

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

Acts 2003, No. 1805, § 10.
Ark. Code Ann. § 3-8-204 — AR Code / Title 3 / Chapter 8 / Subchapter 2 / Section 3-8-204
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1432,§ 1, eff. 8/16/2013. Acts 1977, No. 341, §§ 1-3; A.S.A. 1947, §§ 48-801.1 -- 48-801.3; Acts 1997, No. 449, § 1.

Repealed by Act 2013, No. 1432,§ 1, eff. 8/16/2013.

Acts 1977, No. 341, §§ 1-3; A.S.A. 1947, §§ 48-801.1 -- 48-801.3; Acts 1997, No. 449, § 1.
Ark. Code Ann. § 3-3-102 — AR Code / Title 3 / Chapter 3 / Subchapter 1 / Section 3-3-102
Sentences and fines
Status: in_force

(a) When a jail sentence is inflicted as part of the punishment, all persons convicted under this act shall serve out the sentence at hard labor. (b) All fines and costs assessed against any person under this act and not paid or replevied shall be served out by confinement at hard labor at the rate of one (1) day for each one dollar ($1.00) of the fine and costs. Acts 1935, No. 108, Art. 6, § 6; Pope's Dig., § 14139; A.S.A. 1947, § 48-941.

(a) When a jail sentence is inflicted as part of the punishment, all persons convicted under this act shall serve out the sentence at hard labor.

(b) All fines and costs assessed against any person under this act and not paid or replevied shall be served out by confinement at hard labor at the rate of one (1) day for each one dollar ($1.00) of the fine and costs.

Acts 1935, No. 108, Art. 6, § 6; Pope's Dig., § 14139; A.S.A. 1947, § 48-941.
Ark. Code Ann. § 3-5-1501 — AR Code / Title 3 / Chapter 5 / Subchapter 15 / Section 3-5-1501
Temporary wine charitable auction permit
Status: in_force

(a) There is established a temporary wine charitable auction permit. (b) The Alcoholic Beverage Control Division shall issue the permit to qualifying charitable nonprofit organizations that are exempt from taxation under § 501 of the Internal Revenue Code of 1986, as it existed on January 1, 2005, and that have received tax exempt status from the Internal Revenue Service pursuant to § 501(c)(3) or (4) of the Internal Revenue Code of 1986, as it existed on January 1, 2005. (c) The permit shall authorize the qualifying charitable nonprofit organization to sell wine for the purpose of raising funds for the charitable organization during a live or silent auction conducted by the charitable organization. Acts 2005, No. 1157, § 1.

(a) There is established a temporary wine charitable auction permit.

(b) The Alcoholic Beverage Control Division shall issue the permit to qualifying charitable nonprofit organizations that are exempt from taxation under § 501 of the Internal Revenue Code of 1986, as it existed on January 1, 2005, and that have received tax exempt status from the Internal Revenue Service pursuant to § 501(c)(3) or (4) of the Internal Revenue Code of 1986, as it existed on January 1, 2005.

(c) The permit shall authorize the qualifying charitable nonprofit organization to sell wine for the purpose of raising funds for the charitable organization during a live or silent auction conducted by the charitable organization.

Acts 2005, No. 1157, § 1.
Ark. Code Ann. § 3-5-1109 — AR Code / Title 3 / Chapter 5 / Subchapter 11 / Section 3-5-1109
Prohibited acts by wholesaler
Status: in_force

A wholesaler shall not do any of the following: (1) Fail to devote such efforts and resources to the sale and distribution of all the supplier's brands of beer which the wholesaler has been granted the right to sell or distribute as are required in the wholesaler's agreement with the supplier; (2) (A) Sell or deliver beer to a retail licensee located outside the sales territory designated to the wholesaler by the supplier of a particular brand or brands of beer. (B) (i) Provided, however, during periods of temporary service interruptions impacting a particular sales territory, a supplier may appoint another wholesaler to service the sales territory during the period of temporary service interruption. (ii) A wholesaler who is designated to service the impacted sales territory during the period of temporary service interruption shall not be in violation of this subchapter and shall not have any of the rights provided under §§ 3-5-1108 and 3-5-1111 with respect to the temporary service territory. (3) (A) Transfer the wholesaler's business without giving the supplier written notice of intent to transfer the wholesaler's business and, where required by this subchapter, receiving the supplier's approval for the proposed transfer. (B) Provided, consent or approval of the supplier shall not be required of any transfer of the wholesaler's business to a designated member, or of any transfer of less than ten percent (10%) of the wholesaler's business unless such transfer results in a change in control. (C) Provided, however, that the wholesaler shall give the supplier written notice of any change in ownership of the wholesaler. Acts 1991, No. 8, § 4; 1991, No. 866, § 4.

A wholesaler shall not do any of the following:

(1) Fail to devote such efforts and resources to the sale and distribution of all the supplier's brands of beer which the wholesaler has been granted the right to sell or distribute as are required in the wholesaler's agreement with the supplier;

(2) (A) Sell or deliver beer to a retail licensee located outside the sales territory designated to the wholesaler by the supplier of a particular brand or brands of beer. (B) (i) Provided, however, during periods of temporary service interruptions impacting a particular sales territory, a supplier may appoint another wholesaler to service the sales territory during the period of temporary service interruption. (ii) A wholesaler who is designated to service the impacted sales territory during the period of temporary service interruption shall not be in violation of this subchapter and shall not have any of the rights provided under §§ 3-5-1108 and 3-5-1111 with respect to the temporary service territory.

(A) Sell or deliver beer to a retail licensee located outside the sales territory designated to the wholesaler by the supplier of a particular brand or brands of beer.

(B) (i) Provided, however, during periods of temporary service interruptions impacting a particular sales territory, a supplier may appoint another wholesaler to service the sales territory during the period of temporary service interruption. (ii) A wholesaler who is designated to service the impacted sales territory during the period of temporary service interruption shall not be in violation of this subchapter and shall not have any of the rights provided under §§ 3-5-1108 and 3-5-1111 with respect to the temporary service territory.

(i) Provided, however, during periods of temporary service interruptions impacting a particular sales territory, a supplier may appoint another wholesaler to service the sales territory during the period of temporary service interruption.

(ii) A wholesaler who is designated to service the impacted sales territory during the period of temporary service interruption shall not be in violation of this subchapter and shall not have any of the rights provided under §§ 3-5-1108 and 3-5-1111 with respect to the temporary service territory.

(3) (A) Transfer the wholesaler's business without giving the supplier written notice of intent to transfer the wholesaler's business and, where required by this subchapter, receiving the supplier's approval for the proposed transfer. (B) Provided, consent or approval of the supplier shall not be required of any transfer of the wholesaler's business to a designated member, or of any transfer of less than ten percent (10%) of the wholesaler's business unless such transfer results in a change in control. (C) Provided, however, that the wholesaler shall give the supplier written notice of any change in ownership of the wholesaler.

(A) Transfer the wholesaler's business without giving the supplier written notice of intent to transfer the wholesaler's business and, where required by this subchapter, receiving the supplier's approval for the proposed transfer.

(B) Provided, consent or approval of the supplier shall not be required of any transfer of the wholesaler's business to a designated member, or of any transfer of less than ten percent (10%) of the wholesaler's business unless such transfer results in a change in control.

(C) Provided, however, that the wholesaler shall give the supplier written notice of any change in ownership of the wholesaler.

Acts 1991, No. 8, § 4; 1991, No. 866, § 4.
Ark. Code Ann. § 3-3-103 — AR Code / Title 3 / Chapter 3 / Subchapter 1 / Section 3-3-103
Multiple offenses - Bonds for good behavior
Status: in_force

(a) Upon a second or any subsequent conviction or bond forfeiture for any violation of any alcoholic beverage control law of this state pertaining to the control, regulation, and handling of spirituous, vinous, malt liquors or beverages, or any amendment to any existing law or any new law on the same subject hereafter enacted, it shall be the duty of the court convicting the person for a second time, or forfeiting a bond for a second time, or forfeiting a bond or convicting a person after a previous conviction or bond forfeiture for such an offense, to require the defendant to execute bond in the sum of two hundred dollars ($200), after a hearing thereon, to be of good behavior for a period of twelve (12) months insofar as the laws of the State of Arkansas on spirituous, vinous, or malt liquors or beverages affect the defendant. (b) Should any person violate the provisions of the bond, the bond, after a hearing thereon, shall be forfeited. The person shall be, for all subsequent violations of the liquor laws or bond forfeitures, placed under a five hundred dollar ($500) bond of the same provisions, to ensure good behavior from the violation of the liquor laws. (c) If the bonds provided in this section are not given by the defendant, the defendant shall be committed to the county jail for a period not less than thirty (30) days nor more than six (6) months, to be fixed by the court. (d) The order of the court requiring the execution of a bond as provided in this section shall be for the preservation of the laws and shall not be considered a part of the punishment inflicted, but as a security against future violations of the provisions of all alcoholic beverage control laws. Acts 1935, No. 108, Art. 6, § 8; Pope's Dig., § 14141; Acts 1949, No. 143, §§ 1-4; A.S.A. 1947, §§ 48-942 -- 48-942.3.

(a) Upon a second or any subsequent conviction or bond forfeiture for any violation of any alcoholic beverage control law of this state pertaining to the control, regulation, and handling of spirituous, vinous, malt liquors or beverages, or any amendment to any existing law or any new law on the same subject hereafter enacted, it shall be the duty of the court convicting the person for a second time, or forfeiting a bond for a second time, or forfeiting a bond or convicting a person after a previous conviction or bond forfeiture for such an offense, to require the defendant to execute bond in the sum of two hundred dollars ($200), after a hearing thereon, to be of good behavior for a period of twelve (12) months insofar as the laws of the State of Arkansas on spirituous, vinous, or malt liquors or beverages affect the defendant.

(b) Should any person violate the provisions of the bond, the bond, after a hearing thereon, shall be forfeited. The person shall be, for all subsequent violations of the liquor laws or bond forfeitures, placed under a five hundred dollar ($500) bond of the same provisions, to ensure good behavior from the violation of the liquor laws.

(c) If the bonds provided in this section are not given by the defendant, the defendant shall be committed to the county jail for a period not less than thirty (30) days nor more than six (6) months, to be fixed by the court.

(d) The order of the court requiring the execution of a bond as provided in this section shall be for the preservation of the laws and shall not be considered a part of the punishment inflicted, but as a security against future violations of the provisions of all alcoholic beverage control laws.

Acts 1935, No. 108, Art. 6, § 8; Pope's Dig., § 14141; Acts 1949, No. 143, §§ 1-4; A.S.A. 1947, §§ 48-942 -- 48-942.3.
Ark. Code Ann. § 3-5-1104 — AR Code / Title 3 / Chapter 5 / Subchapter 11 / Section 3-5-1104
Subchapter cumulative
Status: in_force

This subchapter is cumulative, and supplements and is in addition to Title 3 of this Code and the Arkansas Franchise Practices Act, § 4-72-201 et seq., as amended. Acts 1991, No. 8, § 12; 1991, No. 866, § 12.

This subchapter is cumulative, and supplements and is in addition to Title 3 of this Code and the Arkansas Franchise Practices Act, § 4-72-201 et seq., as amended.

Acts 1991, No. 8, § 12; 1991, No. 866, § 12.
Ark. Code Ann. § 3-5-1801 — AR Code / Title 3 / Chapter 5 / Subchapter 18 / Section 3-5-1801
Definitions
Status: in_force

As used in this subchapter: (1) "Grocery store" means a single physical establishment that: (A) Has an inventory of human-consumable items; and (B) Is located in a wet territory; (2) "Slotting allowance" means an allowance paid by a manufacturer to a grocery store for making room for a product on the grocery store's shelves; and (3) "Wine" means port, wine, sherry wine, vermouth wine, or other wines manufactured within or without the State of Arkansas or hard cider, the alcoholic content of which does not exceed twenty-one percent (21%). Amended by Act 2019, No. 691,§ 18, eff. 7/24/2019. Added by Act 2017, No. 508,§ 6, eff. 10/1/2017.

As used in this subchapter:

(1) "Grocery store" means a single physical establishment that: (A) Has an inventory of human-consumable items; and (B) Is located in a wet territory;

(A) Has an inventory of human-consumable items; and

(B) Is located in a wet territory;

(2) "Slotting allowance" means an allowance paid by a manufacturer to a grocery store for making room for a product on the grocery store's shelves; and

(3) "Wine" means port, wine, sherry wine, vermouth wine, or other wines manufactured within or without the State of Arkansas or hard cider, the alcoholic content of which does not exceed twenty-one percent (21%).

Amended by Act 2019, No. 691,§ 18, eff. 7/24/2019.

Added by Act 2017, No. 508,§ 6, eff. 10/1/2017.
Ark. Code Ann. § 3-8-708 — AR Code / Title 3 / Chapter 8 / Subchapter 7 / Section 3-8-708
Financial reports - Time to file - Late fee
Status: in_force

(a) (1) The first financial reports shall be filed no later than fifteen (15) days following the month in which the threshold of five hundred dollars ($500) under § 3-8-706 is met and thereafter no later than fifteen (15) days after the end of each month until the election is held. However, for any month in which certain days of that month are included in a preelection financial report required under subdivision (a)(2) of this section, no monthly report for that month shall be due, but those days of that month shall be carried forward and included in the final financial report. (2) Additionally, a preelection financial report shall be filed no less than seven (7) days prior to any election on the ballot question or legislative question, such statement to have a closing date of ten (10) days prior to the election. (3) Furthermore, a final financial report shall be filed no later than thirty (30) days after the election. (b) A local-option ballot question committee, individual person, or elected official who files a late financial report shall be subject to a late filing fee not to exceed fifty dollars ($50.00) for each day the report remains unfiled. Amended by Act 2015, No. 226,§ 5, eff. 7/22/2015. Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.

(a) (1) The first financial reports shall be filed no later than fifteen (15) days following the month in which the threshold of five hundred dollars ($500) under § 3-8-706 is met and thereafter no later than fifteen (15) days after the end of each month until the election is held. However, for any month in which certain days of that month are included in a preelection financial report required under subdivision (a)(2) of this section, no monthly report for that month shall be due, but those days of that month shall be carried forward and included in the final financial report. (2) Additionally, a preelection financial report shall be filed no less than seven (7) days prior to any election on the ballot question or legislative question, such statement to have a closing date of ten (10) days prior to the election. (3) Furthermore, a final financial report shall be filed no later than thirty (30) days after the election.

(1) The first financial reports shall be filed no later than fifteen (15) days following the month in which the threshold of five hundred dollars ($500) under § 3-8-706 is met and thereafter no later than fifteen (15) days after the end of each month until the election is held. However, for any month in which certain days of that month are included in a preelection financial report required under subdivision (a)(2) of this section, no monthly report for that month shall be due, but those days of that month shall be carried forward and included in the final financial report.

(2) Additionally, a preelection financial report shall be filed no less than seven (7) days prior to any election on the ballot question or legislative question, such statement to have a closing date of ten (10) days prior to the election.

(3) Furthermore, a final financial report shall be filed no later than thirty (30) days after the election.

(b) A local-option ballot question committee, individual person, or elected official who files a late financial report shall be subject to a late filing fee not to exceed fifty dollars ($50.00) for each day the report remains unfiled.

Amended by Act 2015, No. 226,§ 5, eff. 7/22/2015.

Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 3-3-403 — AR Code / Title 3 / Chapter 3 / Subchapter 4 / Section 3-3-403
Seizure and forfeiture of vehicles
Status: in_force

(a) All vehicles or vessels used in the transportation or storage of any illicitly distilled spirituous, vinous, or malt liquor or any illicit still, still worm, or other apparatus designed for the unlawful manufacture of spirituous, vinous, or malt liquor shall be seized and forfeited and shall be sold by the Director of the Alcoholic Beverage Control Division at public auction or to state agencies desiring to purchase the vehicles or vessels. (b) All proceeds derived from the sale of the seized and forfeited vehicles or vessels shall be special revenues and shall be deposited in the State Treasury to the credit of the Public School Fund. Acts 1969, No. 475, § 3; A.S.A. 1947, § 48-936.3.

(a) All vehicles or vessels used in the transportation or storage of any illicitly distilled spirituous, vinous, or malt liquor or any illicit still, still worm, or other apparatus designed for the unlawful manufacture of spirituous, vinous, or malt liquor shall be seized and forfeited and shall be sold by the Director of the Alcoholic Beverage Control Division at public auction or to state agencies desiring to purchase the vehicles or vessels.

(b) All proceeds derived from the sale of the seized and forfeited vehicles or vessels shall be special revenues and shall be deposited in the State Treasury to the credit of the Public School Fund.

Acts 1969, No. 475, § 3; A.S.A. 1947, § 48-936.3.
Ark. Code Ann. § 3-3-303 — AR Code / Title 3 / Chapter 3 / Subchapter 3 / Section 3-3-303
Rules
Status: in_force

The Director of the Alcoholic Beverage Control Division shall promulgate all rules necessary to enforce and administer this subchapter. Amended by Act 2019, No. 315,§ 45, eff. 7/24/2019. Acts 1947, No. 423, § 12; A.S.A. 1947, § 48-931.

The Director of the Alcoholic Beverage Control Division shall promulgate all rules necessary to enforce and administer this subchapter.

Amended by Act 2019, No. 315,§ 45, eff. 7/24/2019.

Acts 1947, No. 423, § 12; A.S.A. 1947, § 48-931.
Ark. Code Ann. § 3-5-907 — AR Code / Title 3 / Chapter 5 / Subchapter 9 / Section 3-5-907
Payments - Amount
Status: in_force

(a) Grant payments as authorized in this subchapter shall be made by the Secretary of the Department of Finance and Administration from moneys appropriated by the General Assembly for that purpose at each regular session and fiscal session of the General Assembly. (b) (1) Grant funds awarded shall be distributed equally to each winery at a base amount not to exceed five hundred dollars ($500), with any remaining balance of the grant to be divided among each grantee according to the same ratio as the wine taxes paid in the previous calendar year by the grantee not to exceed one hundred twenty-five thousand dollars ($125,000) annually to any one (1) winery, as determined by the Chief Fiscal Officer of the State. (2) If a winery reaches the annual grant limit under subdivision (b)(1) of this section, the remainder of the grant funds shall be distributed among the remaining eligible wineries. (c) Applications for grants shall be submitted to the Chief Fiscal Officer of the State on or by the 15th of June. Amended by Act 2019, No. 1050,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3321, eff. 7/1/2019. Amended by Act 2017, No. 508,§ 5, eff. 1/1/2018. Acts 1985, No. 681, §§ 2, 3; A.S.A. 1947, §§ 48-653, 48-654; Acts 2003 (1st Ex. Sess.), No. 50, § 111; 2009, No. 962, § 3.

(a) Grant payments as authorized in this subchapter shall be made by the Secretary of the Department of Finance and Administration from moneys appropriated by the General Assembly for that purpose at each regular session and fiscal session of the General Assembly.

(b) (1) Grant funds awarded shall be distributed equally to each winery at a base amount not to exceed five hundred dollars ($500), with any remaining balance of the grant to be divided among each grantee according to the same ratio as the wine taxes paid in the previous calendar year by the grantee not to exceed one hundred twenty-five thousand dollars ($125,000) annually to any one (1) winery, as determined by the Chief Fiscal Officer of the State. (2) If a winery reaches the annual grant limit under subdivision (b)(1) of this section, the remainder of the grant funds shall be distributed among the remaining eligible wineries.

(1) Grant funds awarded shall be distributed equally to each winery at a base amount not to exceed five hundred dollars ($500), with any remaining balance of the grant to be divided among each grantee according to the same ratio as the wine taxes paid in the previous calendar year by the grantee not to exceed one hundred twenty-five thousand dollars ($125,000) annually to any one (1) winery, as determined by the Chief Fiscal Officer of the State.

(2) If a winery reaches the annual grant limit under subdivision (b)(1) of this section, the remainder of the grant funds shall be distributed among the remaining eligible wineries.

(c) Applications for grants shall be submitted to the Chief Fiscal Officer of the State on or by the 15th of June.

Amended by Act 2019, No. 1050,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3321, eff. 7/1/2019.

Amended by Act 2017, No. 508,§ 5, eff. 1/1/2018.

Acts 1985, No. 681, §§ 2, 3; A.S.A. 1947, §§ 48-653, 48-654; Acts 2003 (1st Ex. Sess.), No. 50, § 111; 2009, No. 962, § 3.
Ark. Code Ann. § 3-9-306 — AR Code / Title 3 / Chapter 9 / Subchapter 3 / Section 3-9-306
Prohibited acts
Status: in_force

A holder of a license authorizing the sale of wine or hard cider, or both, for consumption with food served on the premises where sold, or a servant, agent, or employee of the licensee, shall not do any of the following upon the licensed premises: (1) Knowingly sell wine or hard cider to a minor; (2) Knowingly sell wine or hard cider to a person while the person is in an intoxicated condition; (3) Sell wine or hard cider upon the licensed premises or permit wine or hard cider to be consumed thereon on any day or at any time when the sale or consumption is prohibited by law; or (4) Permit on the licensed premises any disorderly conduct, breach of peace, or any lewd, immoral, or improper entertainment, conduct, or practices. Amended by Act 2019, No. 691,§ 25, eff. 7/24/2019. Acts 1965, No. 120, § 4; A.S.A. 1947, § 48-629.

A holder of a license authorizing the sale of wine or hard cider, or both, for consumption with food served on the premises where sold, or a servant, agent, or employee of the licensee, shall not do any of the following upon the licensed premises:

(1) Knowingly sell wine or hard cider to a minor;

(2) Knowingly sell wine or hard cider to a person while the person is in an intoxicated condition;

(3) Sell wine or hard cider upon the licensed premises or permit wine or hard cider to be consumed thereon on any day or at any time when the sale or consumption is prohibited by law; or

(4) Permit on the licensed premises any disorderly conduct, breach of peace, or any lewd, immoral, or improper entertainment, conduct, or practices.

Amended by Act 2019, No. 691,§ 25, eff. 7/24/2019.

Acts 1965, No. 120, § 4; A.S.A. 1947, § 48-629.
Ark. Code Ann. § 3-5-1207 — AR Code / Title 3 / Chapter 5 / Subchapter 12 / Section 3-5-1207
Operation without license prohibited
Status: in_force

It shall be unlawful and constitute a Class A misdemeanor for any person not holding a valid microbrewery-restaurant license to operate as a microbrewery-restaurant as herein provided. Acts 1991, No. 611, § 1; 2005, No. 1994, § 193.

It shall be unlawful and constitute a Class A misdemeanor for any person not holding a valid microbrewery-restaurant license to operate as a microbrewery-restaurant as herein provided.

Acts 1991, No. 611, § 1; 2005, No. 1994, § 193.
Ark. Code Ann. § 3-5-1003 — AR Code / Title 3 / Chapter 5 / Subchapter 10 / Section 3-5-1003
Program to be established
Status: in_force

(a) In the event the Congress of the United States shall enact legislation which would prohibit the State of Arkansas from taxing wines produced in this state from grapes, berries, or other fruits or vegetables at a rate of tax less than the tax imposed on wines produced in other states, thereby obviating the benefits of the Native Wine Law for Arkansas fruit and berry growers and native wineries, the General Assembly determines that wines produced by native wineries in this state from grapes, berries, and other fruits or vegetables grown in this state shall be taxed at the same rate of tax imposed upon wines produced from materials originating in another state. (b) In the event of the passage of federal legislation obviating the Native Wine Law and as a means of providing continued inducement for the production of grapes, berries, fruits, and vegetables used in the production of wine in this state, a program of direct subsidies is established for the benefit of Arkansas growers of grapes, berries, fruits, and vegetables used in the production of wine in this state, which will become effective on the date which the federal legislation obviating the native wine tax becomes effective. Acts 1975, No. 679, § 2; A.S.A. 1947, § 48-638.

(a) In the event the Congress of the United States shall enact legislation which would prohibit the State of Arkansas from taxing wines produced in this state from grapes, berries, or other fruits or vegetables at a rate of tax less than the tax imposed on wines produced in other states, thereby obviating the benefits of the Native Wine Law for Arkansas fruit and berry growers and native wineries, the General Assembly determines that wines produced by native wineries in this state from grapes, berries, and other fruits or vegetables grown in this state shall be taxed at the same rate of tax imposed upon wines produced from materials originating in another state.

(b) In the event of the passage of federal legislation obviating the Native Wine Law and as a means of providing continued inducement for the production of grapes, berries, fruits, and vegetables used in the production of wine in this state, a program of direct subsidies is established for the benefit of Arkansas growers of grapes, berries, fruits, and vegetables used in the production of wine in this state, which will become effective on the date which the federal legislation obviating the native wine tax becomes effective.

Acts 1975, No. 679, § 2; A.S.A. 1947, § 48-638.
Ark. Code Ann. § 3-7-103 — AR Code / Title 3 / Chapter 7 / Subchapter 1 / Section 3-7-103
Penalty - Revocation
Status: in_force

Any person who shall violate any of the provisions of §§ 3-7-101 - 3-7-104 and 3-7-106 - 3-7-110 shall be guilty of a violation and upon conviction be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). Acts 1935, No. 109, § 11; Pope's Dig., § 14183; A.S.A. 1947, § 48-409; Acts 2005, No. 1994, § 32.

Any person who shall violate any of the provisions of §§ 3-7-101 - 3-7-104 and 3-7-106 - 3-7-110 shall be guilty of a violation and upon conviction be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

Acts 1935, No. 109, § 11; Pope's Dig., § 14183; A.S.A. 1947, § 48-409; Acts 2005, No. 1994, § 32.
Ark. Code Ann. § 3-8-315 — AR Code / Title 3 / Chapter 8 / Subchapter 3 / Section 3-8-315
C.O.D. shipments
Status: in_force

(a) All the shipments of spirituous, vinous, or malt liquors to be paid for on delivery, commonly called "C.O.D. shipments", into any county, city, town, district, or precinct where this act is in force shall be unlawful and shall be deemed sales of such liquors at the place where the money is paid or the goods delivered. (b) The carrier and his or her agents selling or delivering such goods shall be liable jointly with the vendor thereof. Acts 1935, No. 108, Art. 7, § 6; Pope's Dig., § 14152; A.S.A. 1947, § 48-812.

(a) All the shipments of spirituous, vinous, or malt liquors to be paid for on delivery, commonly called "C.O.D. shipments", into any county, city, town, district, or precinct where this act is in force shall be unlawful and shall be deemed sales of such liquors at the place where the money is paid or the goods delivered.

(b) The carrier and his or her agents selling or delivering such goods shall be liable jointly with the vendor thereof.

Acts 1935, No. 108, Art. 7, § 6; Pope's Dig., § 14152; A.S.A. 1947, § 48-812.
Ark. Code Ann. § 3-2-202 — AR Code / Title 3 / Chapter 2 / Subchapter 2 / Section 3-2-202
Director of Alcoholic Beverage Control - Staff
Status: in_force

(a) The Director of Alcoholic Beverage Control shall be an attorney duly authorized to practice law by the Supreme Court, who shall present all evidence tending to prove violations of the law or rules at hearings held by the Alcoholic Beverage Control Board. (b) The director shall employ such other personnel as he or she may deem necessary and as may be authorized by the General Assembly. (c) All personnel employed by the director shall be subject to the approval of the board. (d) Any person employed by the director may be removed by him or her at any time subject to the approval of the board. Amended by Act 2019, No. 315,§ 33, eff. 7/24/2019. Acts 1951, No. 159, § 4; A.S.A. 1947, § 48-1304.

(a) The Director of Alcoholic Beverage Control shall be an attorney duly authorized to practice law by the Supreme Court, who shall present all evidence tending to prove violations of the law or rules at hearings held by the Alcoholic Beverage Control Board.

(b) The director shall employ such other personnel as he or she may deem necessary and as may be authorized by the General Assembly.

(c) All personnel employed by the director shall be subject to the approval of the board.

(d) Any person employed by the director may be removed by him or her at any time subject to the approval of the board.

Amended by Act 2019, No. 315,§ 33, eff. 7/24/2019.

Acts 1951, No. 159, § 4; A.S.A. 1947, § 48-1304.
Ark. Code Ann. § 3-4-802 — AR Code / Title 3 / Chapter 4 / Subchapter 8 / Section 3-4-802
Definitions
Status: in_force

The following words or phrases or the plural of those words or phrases shall have the meaning ascribed to them in this section unless the context clearly requires otherwise: (1) "Board" means the Alcoholic Beverage Control Board of the State of Arkansas; and (2) "Permittee" means a person who is licensed by the board to sell or dispense alcoholic beverages for on-premises consumption or for off-premises consumption, or both. Acts 1993, No. 173, § 2.

The following words or phrases or the plural of those words or phrases shall have the meaning ascribed to them in this section unless the context clearly requires otherwise:

(1) "Board" means the Alcoholic Beverage Control Board of the State of Arkansas; and

(2) "Permittee" means a person who is licensed by the board to sell or dispense alcoholic beverages for on-premises consumption or for off-premises consumption, or both.

Acts 1993, No. 173, § 2.
Ark. Code Ann. § 3-6-102 — AR Code / Title 3 / Chapter 6 / Section 3-6-102
Manufacture and sale authorized
Status: in_force

It shall be lawful for any person under the terms and provisions hereof to manufacture and to sell within the State of Arkansas, and to export without the state, brandy, cordials, or other distillates, or their components, which are made from agricultural or horticultural products such as peaches, apples, cherries, plums, grapes, boysenberries, blackberries, and other fruits produced solely within the state, when such person shall have become qualified to do so under the provisions of this chapter. Acts 1953, No. 163, § 2; A.S.A. 1947, § 48-707.

It shall be lawful for any person under the terms and provisions hereof to manufacture and to sell within the State of Arkansas, and to export without the state, brandy, cordials, or other distillates, or their components, which are made from agricultural or horticultural products such as peaches, apples, cherries, plums, grapes, boysenberries, blackberries, and other fruits produced solely within the state, when such person shall have become qualified to do so under the provisions of this chapter.

Acts 1953, No. 163, § 2; A.S.A. 1947, § 48-707.
Ark. Code Ann. § 3-4-609 — AR Code / Title 3 / Chapter 4 / Subchapter 6 / Section 3-4-609
Wholesaler permit - Issuance - Transfer
Status: in_force

(a) (1) A wholesaler permit shall not be issued under § 3-4-605 or § 3-4-607 on or after September 1, 2013. (2) However, a holder of a wholesaler permit under § 3-4-605 or § 3-4-607 issued on or before September 1, 2013, may renew the permit before, on, or after September 1, 2013. (b) A holder of a wholesaler permit issued under § 3-4-605 or § 3-4-607 on or before September 1, 2013, may transfer the wholesaler permit to another wholesaler as permitted under applicable law or regulation of the Alcoholic Beverage Control Division. Added by Act 2013, No. 1434,§ 1, eff. 8/16/2013.

(a) (1) A wholesaler permit shall not be issued under § 3-4-605 or § 3-4-607 on or after September 1, 2013. (2) However, a holder of a wholesaler permit under § 3-4-605 or § 3-4-607 issued on or before September 1, 2013, may renew the permit before, on, or after September 1, 2013.

(1) A wholesaler permit shall not be issued under § 3-4-605 or § 3-4-607 on or after September 1, 2013.

(2) However, a holder of a wholesaler permit under § 3-4-605 or § 3-4-607 issued on or before September 1, 2013, may renew the permit before, on, or after September 1, 2013.

(b) A holder of a wholesaler permit issued under § 3-4-605 or § 3-4-607 on or before September 1, 2013, may transfer the wholesaler permit to another wholesaler as permitted under applicable law or regulation of the Alcoholic Beverage Control Division.

Added by Act 2013, No. 1434,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 3-7-401 — AR Code / Title 3 / Chapter 7 / Subchapter 4 / Section 3-7-401
Reports and payments
Status: in_force

(a) The Director of the Alcoholic Beverage Control Division is authorized and directed to adopt and issue rules to protect the revenue of this state, prescribing a reporting method for paying and collecting the excise tax on beer. (b) The rules shall require the reports to be filed with the Alcoholic Beverage Control Division on or before the fifteenth day of the month following the month in which the wholesaler acquired possession of or title to the beer. (c) The reports required by the rules shall be in lieu of those provisions of § 3-7-106 relating to the necessity to obtain transportation permits for beer. (d) The reporting method and payment thereunder, within the time prescribed by this section and in the manner prescribed by the director, shall constitute a compliance as to sale, purchase, import, warehousing, transporting, and handling of beer, the transportation of beer in this state, and the obtaining of a permit prior to the transportation of beer into this state pursuant to § 3-7-106 . Amended by Act 2019, No. 315,§ 91, eff. 7/24/2019. Acts 1953, No. 179, § 2; A.S.A. 1947, § 48-413.

(a) The Director of the Alcoholic Beverage Control Division is authorized and directed to adopt and issue rules to protect the revenue of this state, prescribing a reporting method for paying and collecting the excise tax on beer.

(b) The rules shall require the reports to be filed with the Alcoholic Beverage Control Division on or before the fifteenth day of the month following the month in which the wholesaler acquired possession of or title to the beer.

(c) The reports required by the rules shall be in lieu of those provisions of § 3-7-106 relating to the necessity to obtain transportation permits for beer.

(d) The reporting method and payment thereunder, within the time prescribed by this section and in the manner prescribed by the director, shall constitute a compliance as to sale, purchase, import, warehousing, transporting, and handling of beer, the transportation of beer in this state, and the obtaining of a permit prior to the transportation of beer into this state pursuant to § 3-7-106 .

Amended by Act 2019, No. 315,§ 91, eff. 7/24/2019.

Acts 1953, No. 179, § 2; A.S.A. 1947, § 48-413.
Ark. Code Ann. § 3-5-208 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-208
Duration of state permits
Status: in_force

(a) Permits issued under the provisions of § 3-5-206 for the privilege of doing business as mentioned in § 3-5-206 shall be for an indeterminate period. (b) The permit fees levied by § 3-5-205 shall be paid annually as therein provided. So long as the annual permit fees are paid, all permits issued shall remain in full force and effect until revoked or suspended. Acts 1953, No. 247, § 1; A.S.A. 1947, § 48-504.1.

(a) Permits issued under the provisions of § 3-5-206 for the privilege of doing business as mentioned in § 3-5-206 shall be for an indeterminate period.

(b) The permit fees levied by § 3-5-205 shall be paid annually as therein provided. So long as the annual permit fees are paid, all permits issued shall remain in full force and effect until revoked or suspended.

Acts 1953, No. 247, § 1; A.S.A. 1947, § 48-504.1.
Ark. Code Ann. § 3-5-1707 — AR Code / Title 3 / Chapter 5 / Subchapter 17 / Section 3-5-1707
Rules
Status: in_force

The Director of the Alcoholic Beverage Control Division, the Alcoholic Beverage Control Board, the Secretary of the Department of Finance and Administration, and any other affected agency of this state may adopt rules to implement this subchapter. Amended by Act 2019, No. 910,§ 3328, eff. 7/1/2019. Added by Act 2013, No. 483,§ 1, eff. 8/16/2013.

The Director of the Alcoholic Beverage Control Division, the Alcoholic Beverage Control Board, the Secretary of the Department of Finance and Administration, and any other affected agency of this state may adopt rules to implement this subchapter.

Amended by Act 2019, No. 910,§ 3328, eff. 7/1/2019.

Added by Act 2013, No. 483,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 3-8-307 — AR Code / Title 3 / Chapter 8 / Subchapter 3 / Section 3-8-307
Effect of vote against sale
Status: in_force

If, at any election provided for in this act, a majority of the legal votes cast are against the sale, barter, or loan of spirituous, vinous, or malt liquors, then the sale, barter, or loan of any such liquors shall be unlawful in such county, city, town, district, or precinct, as the case may be, except as provided, unless at a subsequent election held under this act, a majority of the legal votes cast shall be in favor of the sale of the liquors. Acts 1935, No. 108, Art. 7, § 11; Pope's Dig., § 14158; A.S.A. 1947, § 48-817.

If, at any election provided for in this act, a majority of the legal votes cast are against the sale, barter, or loan of spirituous, vinous, or malt liquors, then the sale, barter, or loan of any such liquors shall be unlawful in such county, city, town, district, or precinct, as the case may be, except as provided, unless at a subsequent election held under this act, a majority of the legal votes cast shall be in favor of the sale of the liquors.

Acts 1935, No. 108, Art. 7, § 11; Pope's Dig., § 14158; A.S.A. 1947, § 48-817.
Ark. Code Ann. § 3-9-238 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-238
Pari-mutuel mixed drink permit
Status: in_force

(a) (1) There is hereby created a pari-mutuel mixed drink permit which is to be issued for any restaurant, as defined by § 3-9-202 , in any county where pari-mutuel wagering has been authorized by law. (2) The permits may be issued only in cities of the first class in which the sale of alcoholic beverages is authorized by law. (b) The permit fees and qualifications for the permits are the same as those currently provided for restaurants as set out in § 3-9-202 . However, the seating capacity of these restaurants must be at least one hundred (100) seats. Acts 1995, No. 1288, § 1; 2001, No. 804, § 1.

(a) (1) There is hereby created a pari-mutuel mixed drink permit which is to be issued for any restaurant, as defined by § 3-9-202 , in any county where pari-mutuel wagering has been authorized by law. (2) The permits may be issued only in cities of the first class in which the sale of alcoholic beverages is authorized by law.

(1) There is hereby created a pari-mutuel mixed drink permit which is to be issued for any restaurant, as defined by § 3-9-202 , in any county where pari-mutuel wagering has been authorized by law.

(2) The permits may be issued only in cities of the first class in which the sale of alcoholic beverages is authorized by law.

(b) The permit fees and qualifications for the permits are the same as those currently provided for restaurants as set out in § 3-9-202 . However, the seating capacity of these restaurants must be at least one hundred (100) seats.

Acts 1995, No. 1288, § 1; 2001, No. 804, § 1.
Ark. Code Ann. § 3-9-228 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-228
Private clubs - Reapplication for permit
Status: in_force

(a) Any person who has applied to the Director of the Alcoholic Beverage Control Division for a permit to operate as a private club in an area which has not elected to allow the sale of alcoholic beverages, and that application was denied, may reapply by following the procedures set forth in § 3-9-222 and the additional procedures provided for in subsection (b) of this section. (b) (1) If the applicant is reapplying within two (2) years from the date an application was denied by the director, the application shall be accompanied by certification from the county clerk of the county where the private club is to be located certifying that the applicant obtained signatures from not less than twenty-five percent (25%) of the registered voters in the county. (2) The application shall be filed no later than twenty (20) days from the date that the county clerk certifies the petitions. (3) The signatures must be obtained on petitions which clearly state that the purpose of the petitions is to obtain an alcoholic beverage permit for a private club and to serve alcoholic beverages. (4) The person obtaining signatures shall verify the signatures by affidavit which is to be filed with the county clerk at the time of filing the petitions for certification. Acts 1995, No. 1212, §§ 1, 2; 2005, No. 1245, § 1.

(a) Any person who has applied to the Director of the Alcoholic Beverage Control Division for a permit to operate as a private club in an area which has not elected to allow the sale of alcoholic beverages, and that application was denied, may reapply by following the procedures set forth in § 3-9-222 and the additional procedures provided for in subsection (b) of this section.

(b) (1) If the applicant is reapplying within two (2) years from the date an application was denied by the director, the application shall be accompanied by certification from the county clerk of the county where the private club is to be located certifying that the applicant obtained signatures from not less than twenty-five percent (25%) of the registered voters in the county. (2) The application shall be filed no later than twenty (20) days from the date that the county clerk certifies the petitions. (3) The signatures must be obtained on petitions which clearly state that the purpose of the petitions is to obtain an alcoholic beverage permit for a private club and to serve alcoholic beverages. (4) The person obtaining signatures shall verify the signatures by affidavit which is to be filed with the county clerk at the time of filing the petitions for certification.

(1) If the applicant is reapplying within two (2) years from the date an application was denied by the director, the application shall be accompanied by certification from the county clerk of the county where the private club is to be located certifying that the applicant obtained signatures from not less than twenty-five percent (25%) of the registered voters in the county.

(2) The application shall be filed no later than twenty (20) days from the date that the county clerk certifies the petitions.

(3) The signatures must be obtained on petitions which clearly state that the purpose of the petitions is to obtain an alcoholic beverage permit for a private club and to serve alcoholic beverages.

(4) The person obtaining signatures shall verify the signatures by affidavit which is to be filed with the county clerk at the time of filing the petitions for certification.

Acts 1995, No. 1212, §§ 1, 2; 2005, No. 1245, § 1.
Ark. Code Ann. § 3-3-313 — AR Code / Title 3 / Chapter 3 / Subchapter 3 / Section 3-3-313
Determination of interests in seized beverages
Status: in_force

(a) Any person claiming any interest in any alcoholic beverages seized under this subchapter may present a written petition. This may be done at any time within thirty (30) days from the date of seizure of the alcoholic beverages. The petition shall be presented to the municipal court of the county wherein the beverages were seized, shall set out the nature of the interest, and shall request that a hearing be held by the court to determine his or her right or interest therein. (b) The municipal judge of that court shall set a date for the hearing, which date shall be within ten (10) days from the date the hearing is requested, unless good and sufficient cause is shown and recorded for a further delay. (c) At the hearing all witnesses shall be duly sworn and the testimony recorded by a stenographer. (d) Within fifteen (15) days after the completion of the hearing, the municipal judge shall enter his or her written findings of fact and order upon the testimony so presented. (e) The findings of fact and order of the municipal judge may be appealed to the circuit court of the county wherein the alcoholic beverages were seized. Appeal may be had by filing a transcript of record of the hearing held before the judge with the court within fifteen (15) days after the municipal judge's order has been duly entered. (f) The circuit court shall hear no new evidence on this appeal and shall render its judgment only on errors of law. (g) An appeal from the judgment of the circuit court may be taken as provided by law. Acts 1947, No. 423, §§ 8, 9; 1969, No. 248, §§ 2, 3; A.S.A. 1947, §§ 48-927, 48-928.

(a) Any person claiming any interest in any alcoholic beverages seized under this subchapter may present a written petition. This may be done at any time within thirty (30) days from the date of seizure of the alcoholic beverages. The petition shall be presented to the municipal court of the county wherein the beverages were seized, shall set out the nature of the interest, and shall request that a hearing be held by the court to determine his or her right or interest therein.

(b) The municipal judge of that court shall set a date for the hearing, which date shall be within ten (10) days from the date the hearing is requested, unless good and sufficient cause is shown and recorded for a further delay.

(c) At the hearing all witnesses shall be duly sworn and the testimony recorded by a stenographer.

(d) Within fifteen (15) days after the completion of the hearing, the municipal judge shall enter his or her written findings of fact and order upon the testimony so presented.

(e) The findings of fact and order of the municipal judge may be appealed to the circuit court of the county wherein the alcoholic beverages were seized. Appeal may be had by filing a transcript of record of the hearing held before the judge with the court within fifteen (15) days after the municipal judge's order has been duly entered.

(f) The circuit court shall hear no new evidence on this appeal and shall render its judgment only on errors of law.

(g) An appeal from the judgment of the circuit court may be taken as provided by law.

Acts 1947, No. 423, §§ 8, 9; 1969, No. 248, §§ 2, 3; A.S.A. 1947, §§ 48-927, 48-928.
Ark. Code Ann. § 3-5-1415 — AR Code / Title 3 / Chapter 5 / Subchapter 14 / Section 3-5-1415
Sales on any day of week
Status: in_force

Small brewery beer, malt beverages, and hard cider may be sold at any small brewery located in this state for on-premises or off-premises consumption on any day of the week. Acts 2009, No. 1459, § 4.

Small brewery beer, malt beverages, and hard cider may be sold at any small brewery located in this state for on-premises or off-premises consumption on any day of the week.

Acts 2009, No. 1459, § 4.
Ark. Code Ann. § 3-2-302 — AR Code / Title 3 / Chapter 2 / Subchapter 3 / Section 3-2-302
Circuit judges - Impeachment
Status: in_force

(a) If the Director of the Alcoholic Beverage Control Division shall report to the Governor that any circuit judge is not doing his or her duty with respect to the enforcement of the laws against the unlawful manufacture or sale of intoxicating liquors, and when the report is supported by competent evidence, the Governor may call the General Assembly into extra session to impeach the judge. (b) It is declared to be an impeachable offense for any circuit judge to fail to exercise all of the powers of his or her office or the powers granted to him or her under § 3-2-301 to enforce the laws. Acts 1935, No. 132, § 5; Pope's Dig., § 14240; A.S.A. 1947, § 48-1105.

(a) If the Director of the Alcoholic Beverage Control Division shall report to the Governor that any circuit judge is not doing his or her duty with respect to the enforcement of the laws against the unlawful manufacture or sale of intoxicating liquors, and when the report is supported by competent evidence, the Governor may call the General Assembly into extra session to impeach the judge.

(b) It is declared to be an impeachable offense for any circuit judge to fail to exercise all of the powers of his or her office or the powers granted to him or her under § 3-2-301 to enforce the laws.

Acts 1935, No. 132, § 5; Pope's Dig., § 14240; A.S.A. 1947, § 48-1105.
Ark. Code Ann. § 3-4-302 — AR Code / Title 3 / Chapter 4 / Subchapter 3 / Section 3-4-302
Statement of causes of revocation
Status: in_force

(a) There shall be printed and furnished by the Director of the Alcoholic Beverage Control Division to each permittee a statement of the causes for which permits may be revoked under law. (b) The statement shall be prepared by the director and delivered to the permittee with his or her permit or as soon as may be practicable thereafter. (c) Any amendments therein shall also be sent by the director to all permittees as soon as may be practicable after the amendment. (d) Failure to send the statement or changes therein, or failure to receive them, or any misstatement or error contained in the statement or amendments shall, however, not be an excuse or justification for any violation of law or prevent or remit or decrease any penalty or forfeiture therefor. Acts 1935, No. 108, Art. 3, § 9; 1953, No. 49, § 1; A.S.A. 1947, § 48-313.

(a) There shall be printed and furnished by the Director of the Alcoholic Beverage Control Division to each permittee a statement of the causes for which permits may be revoked under law.

(b) The statement shall be prepared by the director and delivered to the permittee with his or her permit or as soon as may be practicable thereafter.

(c) Any amendments therein shall also be sent by the director to all permittees as soon as may be practicable after the amendment.

(d) Failure to send the statement or changes therein, or failure to receive them, or any misstatement or error contained in the statement or amendments shall, however, not be an excuse or justification for any violation of law or prevent or remit or decrease any penalty or forfeiture therefor.

Acts 1935, No. 108, Art. 3, § 9; 1953, No. 49, § 1; A.S.A. 1947, § 48-313.
Ark. Code Ann. § 3-4-406 — AR Code / Title 3 / Chapter 4 / Subchapter 4 / Section 3-4-406
Failure to pay invoices
Status: in_force

(a) The Alcoholic Beverage Control Division is authorized to maintain a list of permit holders who have failed to pay invoices forwarded by persons holding wholesale liquor permits as issued by the division. (b) Failure to pay an invoice shall not constitute an administrative violation per se, and the list shall be maintained for such purposes as the division shall determine. Acts 1981, No. 790, § 7; A.S.A. 1947, § 48-347.

(a) The Alcoholic Beverage Control Division is authorized to maintain a list of permit holders who have failed to pay invoices forwarded by persons holding wholesale liquor permits as issued by the division.

(b) Failure to pay an invoice shall not constitute an administrative violation per se, and the list shall be maintained for such purposes as the division shall determine.

Acts 1981, No. 790, § 7; A.S.A. 1947, § 48-347.
Ark. Code Ann. § 3-8-314 — AR Code / Title 3 / Chapter 8 / Subchapter 3 / Section 3-8-314
Bond for multiple violations
Status: in_force

(a) On the second or any subsequent conviction for a violation of this act or any of its amendments, the court shall require the defendant to execute bond in the sum of two hundred dollars ($200) to be of good behavior for the period of twelve (12) months. (b) The court may, in its discretion, increase the amount of the bond. If the bond is not given, the defendant shall be committed to the county jail for a period not exceeding ninety (90) days, to be fixed by the court. Acts 1935, No. 108, Art. 7, § 6; Pope's Dig., § 14152; A.S.A. 1947, § 48-812.

(a) On the second or any subsequent conviction for a violation of this act or any of its amendments, the court shall require the defendant to execute bond in the sum of two hundred dollars ($200) to be of good behavior for the period of twelve (12) months.

(b) The court may, in its discretion, increase the amount of the bond. If the bond is not given, the defendant shall be committed to the county jail for a period not exceeding ninety (90) days, to be fixed by the court.

Acts 1935, No. 108, Art. 7, § 6; Pope's Dig., § 14152; A.S.A. 1947, § 48-812.
Ark. Code Ann. § 3-5-1507 — AR Code / Title 3 / Chapter 5 / Subchapter 15 / Section 3-5-1507
Administrative rules
Status: in_force

(a) The Alcoholic Beverage Control Division shall adopt rules governing the application, issuance, and use of a temporary wine charitable auction permit. (b) (1) The division shall also adopt rules establishing penalties for violation of this subchapter or rules adopted pursuant to this subchapter. (2) However, penalties adopted by the division shall not exceed penalties which may be imposed on charitable organizations holding other types of temporary permits. Amended by Act 2019, No. 315,§ 83, eff. 7/24/2019. Acts 2005, No. 1157, § 1.

(a) The Alcoholic Beverage Control Division shall adopt rules governing the application, issuance, and use of a temporary wine charitable auction permit.

(b) (1) The division shall also adopt rules establishing penalties for violation of this subchapter or rules adopted pursuant to this subchapter. (2) However, penalties adopted by the division shall not exceed penalties which may be imposed on charitable organizations holding other types of temporary permits.

(1) The division shall also adopt rules establishing penalties for violation of this subchapter or rules adopted pursuant to this subchapter.

(2) However, penalties adopted by the division shall not exceed penalties which may be imposed on charitable organizations holding other types of temporary permits.

Amended by Act 2019, No. 315,§ 83, eff. 7/24/2019.

Acts 2005, No. 1157, § 1.
Ark. Code Ann. § 3-9-211 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-211
Permit to sell beverages - Scope - Effect on other laws
Status: in_force

(a) Any permit to sell alcoholic beverages for on-premises consumption shall include authority to sell beer for consumption on the same premises, and the provisions of § 3-5-307(7) and (8) shall not apply to premises covered by a permit issued under this subchapter. (b) An on-premises consumption permit shall not authorize the selling or dispensing of alcoholic beverages by the package or bottle. (c) (1) Any permit to sell alcoholic beverages for on-premises consumption shall also include authority to sell native and imported wine by the drink. (2) However, nothing in this subchapter shall repeal subchapter 3 of this chapter regarding the licensing of restaurants to sell wines as authorized in those sections. (3) It is the intent hereof that a permit issued under this subchapter for sale of alcoholic beverages for on-premises consumption shall include authority to sell native or imported wines by the drink on the licensed premises, but any restaurant not wishing to obtain a license under this subchapter may obtain a license under subchapter 3 of this chapter to sell wines as authorized therein. (d) A permit to sell alcoholic beverages for on-premises consumption includes the authority to sell hard cider. Amended by Act 2019, No. 691,§ 21, eff. 7/24/2019. Acts 1969, No. 132, § 17; A.S.A. 1947, § 48-1417.

(a) Any permit to sell alcoholic beverages for on-premises consumption shall include authority to sell beer for consumption on the same premises, and the provisions of § 3-5-307(7) and (8) shall not apply to premises covered by a permit issued under this subchapter.

(b) An on-premises consumption permit shall not authorize the selling or dispensing of alcoholic beverages by the package or bottle.

(c) (1) Any permit to sell alcoholic beverages for on-premises consumption shall also include authority to sell native and imported wine by the drink. (2) However, nothing in this subchapter shall repeal subchapter 3 of this chapter regarding the licensing of restaurants to sell wines as authorized in those sections. (3) It is the intent hereof that a permit issued under this subchapter for sale of alcoholic beverages for on-premises consumption shall include authority to sell native or imported wines by the drink on the licensed premises, but any restaurant not wishing to obtain a license under this subchapter may obtain a license under subchapter 3 of this chapter to sell wines as authorized therein.

(1) Any permit to sell alcoholic beverages for on-premises consumption shall also include authority to sell native and imported wine by the drink.

(2) However, nothing in this subchapter shall repeal subchapter 3 of this chapter regarding the licensing of restaurants to sell wines as authorized in those sections.

(3) It is the intent hereof that a permit issued under this subchapter for sale of alcoholic beverages for on-premises consumption shall include authority to sell native or imported wines by the drink on the licensed premises, but any restaurant not wishing to obtain a license under this subchapter may obtain a license under subchapter 3 of this chapter to sell wines as authorized therein.

(d) A permit to sell alcoholic beverages for on-premises consumption includes the authority to sell hard cider.

Amended by Act 2019, No. 691,§ 21, eff. 7/24/2019.

Acts 1969, No. 132, § 17; A.S.A. 1947, § 48-1417.
Ark. Code Ann. § 3-2-208 — AR Code / Title 3 / Chapter 2 / Subchapter 2 / Section 3-2-208
Solicitation or acceptance of bribe prohibited
Status: in_force

(a) No member or employee of the Alcoholic Beverage Control Board or director or any employee of the Alcoholic Beverage Control Division or the Alcoholic Beverage Control Enforcement Division shall solicit or accept, directly or indirectly, any gift, gratuity, emolument, or employment from any manufacturer, distributor, wholesaler, or retailer of alcoholic beverages or any person who is an applicant for any license under this subchapter, or from any officer, agent, or employee thereof. (b) No such person shall directly or indirectly solicit, request from, or recommend to any such person or to any officer, agent, or employee thereof the appointment of any person to any place or position. Acts 1951, No. 159, § 9; A.S.A. 1947, § 48-1308.

(a) No member or employee of the Alcoholic Beverage Control Board or director or any employee of the Alcoholic Beverage Control Division or the Alcoholic Beverage Control Enforcement Division shall solicit or accept, directly or indirectly, any gift, gratuity, emolument, or employment from any manufacturer, distributor, wholesaler, or retailer of alcoholic beverages or any person who is an applicant for any license under this subchapter, or from any officer, agent, or employee thereof.

(b) No such person shall directly or indirectly solicit, request from, or recommend to any such person or to any officer, agent, or employee thereof the appointment of any person to any place or position.

Acts 1951, No. 159, § 9; A.S.A. 1947, § 48-1308.
Ark. Code Ann. § 3-3-402 — AR Code / Title 3 / Chapter 3 / Subchapter 4 / Section 3-3-402
Manufacture, possession, and transportation
Status: in_force

(a) It shall be unlawful for any person, including any corporation or legal entity: (1) To own, possess, or knowingly transport any illicit still, still worm, or any apparatus or any substantial part of any illicit still designed for the unlawful manufacture of spirituous, vinous, or malt liquor; (2) To manufacture or engage in the manufacture of spirituous, vinous, or malt liquor in the State of Arkansas without obtaining a license to do so from the State of Arkansas and the United States; or (3) To own, possess, or knowingly transport any illicitly distilled spirituous, vinous, or malt liquors. (b) Any person committing an offense defined by this section is guilty of a Class D felony. Acts 1949, No. 200, §§ 1, 2; 1961, No. 458, § 1; 1969, No. 475, § 2; 1975, No. 928, § 20; A.S.A. 1947, §§ 48-936.1, 48-936.2.

(a) It shall be unlawful for any person, including any corporation or legal entity: (1) To own, possess, or knowingly transport any illicit still, still worm, or any apparatus or any substantial part of any illicit still designed for the unlawful manufacture of spirituous, vinous, or malt liquor; (2) To manufacture or engage in the manufacture of spirituous, vinous, or malt liquor in the State of Arkansas without obtaining a license to do so from the State of Arkansas and the United States; or (3) To own, possess, or knowingly transport any illicitly distilled spirituous, vinous, or malt liquors.

(1) To own, possess, or knowingly transport any illicit still, still worm, or any apparatus or any substantial part of any illicit still designed for the unlawful manufacture of spirituous, vinous, or malt liquor;

(2) To manufacture or engage in the manufacture of spirituous, vinous, or malt liquor in the State of Arkansas without obtaining a license to do so from the State of Arkansas and the United States; or

(3) To own, possess, or knowingly transport any illicitly distilled spirituous, vinous, or malt liquors.

(b) Any person committing an offense defined by this section is guilty of a Class D felony.

Acts 1949, No. 200, §§ 1, 2; 1961, No. 458, § 1; 1969, No. 475, § 2; 1975, No. 928, § 20; A.S.A. 1947, §§ 48-936.1, 48-936.2.
Ark. Code Ann. § 3-2-210 — AR Code / Title 3 / Chapter 2 / Subchapter 2 / Section 3-2-210
Authority of enforcement agent - Deputy Director of Education - Law enforcement officer
Status: in_force

(a) The right of any enforcement agent, law enforcement officer, or the Deputy Director of Education of the Alcoholic Beverage Control Division, when duly designated by the Director of the Alcoholic Beverage Control Enforcement Division, to enter, inspect records, and seize contraband in or on any licensed premises shall be deemed to be a condition of the license or permit to sell alcoholic beverages granted by this state. (b) A duly designated enforcement agent or the deputy director shall have all powers, rights, and protection provided to all other law enforcement officers by the laws of this state, specifically including the power of arrest and service of warrants and the right to bear arms in the line of duty. Amended by Act 2013, No. 1101,§ 1, eff. 8/16/2013. Acts 1951, No. 159, §§ 20, 21; A.S.A. 1947, §§ 48-1319, 48-1320.

(a) The right of any enforcement agent, law enforcement officer, or the Deputy Director of Education of the Alcoholic Beverage Control Division, when duly designated by the Director of the Alcoholic Beverage Control Enforcement Division, to enter, inspect records, and seize contraband in or on any licensed premises shall be deemed to be a condition of the license or permit to sell alcoholic beverages granted by this state.

(b) A duly designated enforcement agent or the deputy director shall have all powers, rights, and protection provided to all other law enforcement officers by the laws of this state, specifically including the power of arrest and service of warrants and the right to bear arms in the line of duty.

Amended by Act 2013, No. 1101,§ 1, eff. 8/16/2013.

Acts 1951, No. 159, §§ 20, 21; A.S.A. 1947, §§ 48-1319, 48-1320.
Ark. Code Ann. § 3-5-906 — AR Code / Title 3 / Chapter 5 / Subchapter 9 / Section 3-5-906
Records
Status: in_force

(a) Any winery seeking grant payments under the provisions of this subchapter shall keep records to establish the quantities of grapes, fruits, berries, or vegetables grown in this state purchased or produced by the winery and used in the making of wine. (b) The records shall include weight receipts for grapes, fruits, berries, or vegetables used in wine-making, together with proof of purchase of the grapes, fruits, berries, or vegetables from Arkansas producers, or proof of production of the grapes, fruits, berries, or vegetables in production facilities belonging to the winery, a copy of which shall accompany a request for grant payments under this subchapter. Proof of purchase shall consist of a copy of a sales and weight receipt indicating the Arkansas grower's name and address from whom purchased or indicating the weight of the products produced from production facilities belonging to the winery. All weights shall be made upon scales inspected and certified by the Arkansas Bureau of Standards. Acts 1985, No. 681, § 2; A.S.A. 1947, § 48-653.

(a) Any winery seeking grant payments under the provisions of this subchapter shall keep records to establish the quantities of grapes, fruits, berries, or vegetables grown in this state purchased or produced by the winery and used in the making of wine.

(b) The records shall include weight receipts for grapes, fruits, berries, or vegetables used in wine-making, together with proof of purchase of the grapes, fruits, berries, or vegetables from Arkansas producers, or proof of production of the grapes, fruits, berries, or vegetables in production facilities belonging to the winery, a copy of which shall accompany a request for grant payments under this subchapter. Proof of purchase shall consist of a copy of a sales and weight receipt indicating the Arkansas grower's name and address from whom purchased or indicating the weight of the products produced from production facilities belonging to the winery. All weights shall be made upon scales inspected and certified by the Arkansas Bureau of Standards.

Acts 1985, No. 681, § 2; A.S.A. 1947, § 48-653.
Ark. Code Ann. § 3-2-211 — AR Code / Title 3 / Chapter 2 / Subchapter 2 / Section 3-2-211
Records and reports of licensees
Status: in_force

(a) Each licensee shall keep complete and accurate records of all alcoholic beverages manufactured, distributed, transported, stored, purchased, or sold within or imported into this state. (b) The records shall be of such kind and form and shall be preserved for such period as the Director of the Alcoholic Beverage Control Division shall prescribe. The records shall be accessible for inspection during the regular hours of business by the authorized agents or employees of the Alcoholic Beverage Control Division or the Alcoholic Beverage Control Enforcement Division and the authorized law enforcement officers of the respective cities, towns, or counties in which the place of business is located. (c) The Director of the Alcoholic Beverage Control Division shall also have the authority to require the submission of reports by licensees and in such form as he or she may prescribe. Acts 1951, No. 159, § 22; A.S.A. 1947, § 48-1321.

(a) Each licensee shall keep complete and accurate records of all alcoholic beverages manufactured, distributed, transported, stored, purchased, or sold within or imported into this state.

(b) The records shall be of such kind and form and shall be preserved for such period as the Director of the Alcoholic Beverage Control Division shall prescribe. The records shall be accessible for inspection during the regular hours of business by the authorized agents or employees of the Alcoholic Beverage Control Division or the Alcoholic Beverage Control Enforcement Division and the authorized law enforcement officers of the respective cities, towns, or counties in which the place of business is located.

(c) The Director of the Alcoholic Beverage Control Division shall also have the authority to require the submission of reports by licensees and in such form as he or she may prescribe.

Acts 1951, No. 159, § 22; A.S.A. 1947, § 48-1321.
Ark. Code Ann. § 3-7-502 — AR Code / Title 3 / Chapter 7 / Subchapter 5 / Section 3-7-502
Reports and payment
Status: in_force

The rules shall require reports to be filed with the Secretary of the Department of Finance and Administration on or before the fifteenth day of the month following the month in which the wholesaler or importer of wines shall obtain delivery of wines from the supplier. The tax due shall accompany this report. Amended by Act 2019, No. 315,§ 94, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3347, eff. 7/1/2019. Acts 1971, No. 310, § 2; A.S.A. 1947, § 48-432.

The rules shall require reports to be filed with the Secretary of the Department of Finance and Administration on or before the fifteenth day of the month following the month in which the wholesaler or importer of wines shall obtain delivery of wines from the supplier. The tax due shall accompany this report.

Amended by Act 2019, No. 315,§ 94, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3347, eff. 7/1/2019.

Acts 1971, No. 310, § 2; A.S.A. 1947, § 48-432.
Ark. Code Ann. § 3-3-101 — AR Code / Title 3 / Chapter 3 / Subchapter 1 / Section 3-3-101
Accessories guilty as principals
Status: in_force

Every person knowingly aiding or abetting any person, firm, or corporation in the violation of any section of this act shall be deemed a principal and punished as such. Acts 1935, No. 108, Art. 6, § 4; Pope's Dig., § 14137; A.S.A. 1947, § 48-939.

Every person knowingly aiding or abetting any person, firm, or corporation in the violation of any section of this act shall be deemed a principal and punished as such.

Acts 1935, No. 108, Art. 6, § 4; Pope's Dig., § 14137; A.S.A. 1947, § 48-939.
Ark. Code Ann. § 3-9-239 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-239
Small restaurant permit
Status: in_force

(a) A restaurant that purchases five hundred sixty liters (560 l) of spirituous liquors or less from an entity holding a wholesale liquor permit may apply to the Director of the Alcoholic Beverage Control Division for a small restaurant permit. (b) (1) If the small restaurant permit holder purchases more than five hundred sixty liters (560 l) of spirituous liquors in a fiscal year, the small restaurant permit holder shall apply for a permit under § 3-9-212 . (2) A small restaurant permit holder shall pay the difference between the small restaurant permit fee and the permit fee authorized under § 3-9-212 for the current fiscal year. (3) The small restaurant permit holder shall submit documentation from the wholesalers itemizing the amount of spirituous liquors purchased from each wholesaler. (c) The annual fee for the small restaurant permit is three hundred dollars ($300) per fiscal year. Acts 2009, No. 763, § 2.

(a) A restaurant that purchases five hundred sixty liters (560 l) of spirituous liquors or less from an entity holding a wholesale liquor permit may apply to the Director of the Alcoholic Beverage Control Division for a small restaurant permit.

(b) (1) If the small restaurant permit holder purchases more than five hundred sixty liters (560 l) of spirituous liquors in a fiscal year, the small restaurant permit holder shall apply for a permit under § 3-9-212 . (2) A small restaurant permit holder shall pay the difference between the small restaurant permit fee and the permit fee authorized under § 3-9-212 for the current fiscal year. (3) The small restaurant permit holder shall submit documentation from the wholesalers itemizing the amount of spirituous liquors purchased from each wholesaler.

(1) If the small restaurant permit holder purchases more than five hundred sixty liters (560 l) of spirituous liquors in a fiscal year, the small restaurant permit holder shall apply for a permit under § 3-9-212 .

(2) A small restaurant permit holder shall pay the difference between the small restaurant permit fee and the permit fee authorized under § 3-9-212 for the current fiscal year.

(3) The small restaurant permit holder shall submit documentation from the wholesalers itemizing the amount of spirituous liquors purchased from each wholesaler.

(c) The annual fee for the small restaurant permit is three hundred dollars ($300) per fiscal year.

Acts 2009, No. 763, § 2.
Ark. Code Ann. § 3-9-303 — AR Code / Title 3 / Chapter 9 / Subchapter 3 / Section 3-9-303
Sale by licensed cafe or restaurant authorized - Restrictions
Status: in_force

(a) It shall be lawful for a cafe or restaurant, as defined in § 3-9-301 , in this state to sell wines, as defined in § 3-9-301 , or hard cider, for consumption with food served in the cafe or restaurant upon obtaining a license, and paying the fee therefor, from the Director of the Alcoholic Beverage Control Division as provided in this subchapter. (b) However, it shall be unlawful for the director to issue a license to a cafe or restaurant for sales of wine or hard cider served with food in a city, county, township, or other area in this state wherein the sale and possession of wines or hard cider is unlawful. (c) All licenses shall be renewed annually in the manner provided by law. (d) The holder of a license to sell wine or hard cider in a restaurant or cafe, as defined in § 3-9-301 , which is located in any city having a population of less than six hundred (600) persons and in a county having a population of less than seventeen thousand five hundred (17,500) persons according to the 1990 Federal Decennial Census and within three (3) miles of a river which serves as a common boundary between that county and another state shall be entitled, in addition to other privileges inherent under the permit, to sell wine or hard cider in unopened containers from such restaurant for off-premises consumption. Amended by Act 2019, No. 691,§ 22, eff. 7/24/2019. Acts 1965, No. 120, § 2; 1971, No. 441, § 3; 1979, No. 141, § 1; 1979, No. 545, § 1; A.S.A. 1947, § 48-627; Acts 1989, No. 299, § 1; 1999, No. 1064, § 1.

(a) It shall be lawful for a cafe or restaurant, as defined in § 3-9-301 , in this state to sell wines, as defined in § 3-9-301 , or hard cider, for consumption with food served in the cafe or restaurant upon obtaining a license, and paying the fee therefor, from the Director of the Alcoholic Beverage Control Division as provided in this subchapter.

(b) However, it shall be unlawful for the director to issue a license to a cafe or restaurant for sales of wine or hard cider served with food in a city, county, township, or other area in this state wherein the sale and possession of wines or hard cider is unlawful.

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

(d) The holder of a license to sell wine or hard cider in a restaurant or cafe, as defined in § 3-9-301 , which is located in any city having a population of less than six hundred (600) persons and in a county having a population of less than seventeen thousand five hundred (17,500) persons according to the 1990 Federal Decennial Census and within three (3) miles of a river which serves as a common boundary between that county and another state shall be entitled, in addition to other privileges inherent under the permit, to sell wine or hard cider in unopened containers from such restaurant for off-premises consumption.

Amended by Act 2019, No. 691,§ 22, eff. 7/24/2019.

Acts 1965, No. 120, § 2; 1971, No. 441, § 3; 1979, No. 141, § 1; 1979, No. 545, § 1; A.S.A. 1947, § 48-627; Acts 1989, No. 299, § 1; 1999, No. 1064, § 1.
Ark. Code Ann. § 3-8-303 — AR Code / Title 3 / Chapter 8 / Subchapter 3 / Section 3-8-303
Election costs deposited
Status: in_force

The county court shall not make the order for the election until the persons signing the petition have deposited with the county judge, in money, an amount sufficient to pay for printing or posting advertisements as provided for, and the fees of the clerk making entries in the order book. Acts 1935, No. 108, Art. 7, § 9; Pope's Dig., § 14156; A.S.A. 1947, § 48-815.

The county court shall not make the order for the election until the persons signing the petition have deposited with the county judge, in money, an amount sufficient to pay for printing or posting advertisements as provided for, and the fees of the clerk making entries in the order book.

Acts 1935, No. 108, Art. 7, § 9; Pope's Dig., § 14156; A.S.A. 1947, § 48-815.