Ark. Code Ann. § 3-5-104 — AR Code / Title 3 / Chapter 5 / Subchapter 1 / Section 3-5-104
Wine tasting events
Status: in_force

(a) (1) Native wineries and licensed wine and spirits wholesalers, upon prior approval by the Alcoholic Beverage Control Division, shall be allowed to conduct wine tasting events for educational and promotional purposes at any location in this state without obtaining a wine sampling permit under this section if written notice is given to the division at least ten (10) days prior to the event. (2) Requests for approval to conduct wine tasting events must be received by the division at least ten (10) days prior to the event. (b) (1) A person, other than a native winery, licensed to sell wine, beer, or spirits under a retail liquor permit as defined in § 3-4-604 may conduct tasting events for educational and promotional purposes on the person's premises after obtaining a sampling permit from the division as provided in subsection (f) of this section. (2) (A) Wine, beer, or spirits purchased by the person permitted under this section to conduct a tasting event shall not be exempt from the gross receipts and use taxes. (B) If the person removes wine, beer, or spirits from his or her inventory for use in a tasting event, the wine, beer, or spirits shall be subject to the gross receipts taxes as a withdrawal from stock. (3) A wholesaler may not: (A) Offer special discounts on wine, beer, or spirits sold for the purpose of a tasting event; or (B) Provide wine, beer, or spirits without charge to a person licensed to sell wine at retail for the purpose of a tasting event. (4) A wholesaler or manufacturing representative may conduct on behalf of or assist the retailer with the tasting event. (c) No tasting event may be held pursuant to this section in any facility licensed by the division. (d) No motor vehicle in which supplies for tasting events are carried and no person shall be subject to arrest nor shall the supplies be subject to seizure for over possession in a dry area. (e) The criminal penalties for drinking in public as prescribed by § 5-71-212(c) are not applicable to any tasting event approved by the division pursuant to this section. (f) (1) The Director of the Alcoholic Beverage Control Division may issue a sampling permit if the applicant: (A) Is licensed by the director to sell wine, beer, spirits, or any combination, at retail; and (B) Pays a permit fee of: (i) Two hundred fifty dollars ($250) for either a wine permit, beer permit, or spirits permit; or (ii) Five hundred dollars ($500) for a combined wine, beer, and spirits permit. (2) (A) The sampling permit allows the person to conduct tasting events on the person's premises during regular hours of operation. A sampling permit shall expire on June 30 of each year. (B) The samples shall be limited to a total of: (i) Six ounces (6 oz.) of wine per customer each day for on-premises consumption; (ii) Eight ounces (8 oz.) of beer per customer each day for on-premises consumption; or (iii) Two ounces (2 oz.) of spirits per customer each day for on-premises consumption. (3) The director may promulgate rules to administer and enforce this section. Amended by Act 2023, No. 319,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 319,§ 1, eff. 8/1/2023. Acts 1993, No. 1258, §§ 1-4; 2005, No. 1544, § 1; 2007, No. 455, § 1; 2009, No. 548, § 2.

(a) (1) Native wineries and licensed wine and spirits wholesalers, upon prior approval by the Alcoholic Beverage Control Division, shall be allowed to conduct wine tasting events for educational and promotional purposes at any location in this state without obtaining a wine sampling permit under this section if written notice is given to the division at least ten (10) days prior to the event. (2) Requests for approval to conduct wine tasting events must be received by the division at least ten (10) days prior to the event.

(1) Native wineries and licensed wine and spirits wholesalers, upon prior approval by the Alcoholic Beverage Control Division, shall be allowed to conduct wine tasting events for educational and promotional purposes at any location in this state without obtaining a wine sampling permit under this section if written notice is given to the division at least ten (10) days prior to the event.

(2) Requests for approval to conduct wine tasting events must be received by the division at least ten (10) days prior to the event.

(b) (1) A person, other than a native winery, licensed to sell wine, beer, or spirits under a retail liquor permit as defined in § 3-4-604 may conduct tasting events for educational and promotional purposes on the person's premises after obtaining a sampling permit from the division as provided in subsection (f) of this section. (2) (A) Wine, beer, or spirits purchased by the person permitted under this section to conduct a tasting event shall not be exempt from the gross receipts and use taxes. (B) If the person removes wine, beer, or spirits from his or her inventory for use in a tasting event, the wine, beer, or spirits shall be subject to the gross receipts taxes as a withdrawal from stock. (3) A wholesaler may not: (A) Offer special discounts on wine, beer, or spirits sold for the purpose of a tasting event; or (B) Provide wine, beer, or spirits without charge to a person licensed to sell wine at retail for the purpose of a tasting event. (4) A wholesaler or manufacturing representative may conduct on behalf of or assist the retailer with the tasting event.

(1) A person, other than a native winery, licensed to sell wine, beer, or spirits under a retail liquor permit as defined in § 3-4-604 may conduct tasting events for educational and promotional purposes on the person's premises after obtaining a sampling permit from the division as provided in subsection (f) of this section.

(2) (A) Wine, beer, or spirits purchased by the person permitted under this section to conduct a tasting event shall not be exempt from the gross receipts and use taxes. (B) If the person removes wine, beer, or spirits from his or her inventory for use in a tasting event, the wine, beer, or spirits shall be subject to the gross receipts taxes as a withdrawal from stock.

(A) Wine, beer, or spirits purchased by the person permitted under this section to conduct a tasting event shall not be exempt from the gross receipts and use taxes.

(B) If the person removes wine, beer, or spirits from his or her inventory for use in a tasting event, the wine, beer, or spirits shall be subject to the gross receipts taxes as a withdrawal from stock.

(3) A wholesaler may not: (A) Offer special discounts on wine, beer, or spirits sold for the purpose of a tasting event; or (B) Provide wine, beer, or spirits without charge to a person licensed to sell wine at retail for the purpose of a tasting event.

(A) Offer special discounts on wine, beer, or spirits sold for the purpose of a tasting event; or

(B) Provide wine, beer, or spirits without charge to a person licensed to sell wine at retail for the purpose of a tasting event.

(4) A wholesaler or manufacturing representative may conduct on behalf of or assist the retailer with the tasting event.

(c) No tasting event may be held pursuant to this section in any facility licensed by the division.

(d) No motor vehicle in which supplies for tasting events are carried and no person shall be subject to arrest nor shall the supplies be subject to seizure for over possession in a dry area.

(e) The criminal penalties for drinking in public as prescribed by § 5-71-212(c) are not applicable to any tasting event approved by the division pursuant to this section.

(f) (1) The Director of the Alcoholic Beverage Control Division may issue a sampling permit if the applicant: (A) Is licensed by the director to sell wine, beer, spirits, or any combination, at retail; and (B) Pays a permit fee of: (i) Two hundred fifty dollars ($250) for either a wine permit, beer permit, or spirits permit; or (ii) Five hundred dollars ($500) for a combined wine, beer, and spirits permit. (2) (A) The sampling permit allows the person to conduct tasting events on the person's premises during regular hours of operation. A sampling permit shall expire on June 30 of each year. (B) The samples shall be limited to a total of: (i) Six ounces (6 oz.) of wine per customer each day for on-premises consumption; (ii) Eight ounces (8 oz.) of beer per customer each day for on-premises consumption; or (iii) Two ounces (2 oz.) of spirits per customer each day for on-premises consumption. (3) The director may promulgate rules to administer and enforce this section.

(1) The Director of the Alcoholic Beverage Control Division may issue a sampling permit if the applicant: (A) Is licensed by the director to sell wine, beer, spirits, or any combination, at retail; and (B) Pays a permit fee of: (i) Two hundred fifty dollars ($250) for either a wine permit, beer permit, or spirits permit; or (ii) Five hundred dollars ($500) for a combined wine, beer, and spirits permit.

(A) Is licensed by the director to sell wine, beer, spirits, or any combination, at retail; and

(B) Pays a permit fee of: (i) Two hundred fifty dollars ($250) for either a wine permit, beer permit, or spirits permit; or (ii) Five hundred dollars ($500) for a combined wine, beer, and spirits permit.

(i) Two hundred fifty dollars ($250) for either a wine permit, beer permit, or spirits permit; or

(ii) Five hundred dollars ($500) for a combined wine, beer, and spirits permit.

(2) (A) The sampling permit allows the person to conduct tasting events on the person's premises during regular hours of operation. A sampling permit shall expire on June 30 of each year. (B) The samples shall be limited to a total of: (i) Six ounces (6 oz.) of wine per customer each day for on-premises consumption; (ii) Eight ounces (8 oz.) of beer per customer each day for on-premises consumption; or (iii) Two ounces (2 oz.) of spirits per customer each day for on-premises consumption.

(A) The sampling permit allows the person to conduct tasting events on the person's premises during regular hours of operation. A sampling permit shall expire on June 30 of each year.

(B) The samples shall be limited to a total of: (i) Six ounces (6 oz.) of wine per customer each day for on-premises consumption; (ii) Eight ounces (8 oz.) of beer per customer each day for on-premises consumption; or (iii) Two ounces (2 oz.) of spirits per customer each day for on-premises consumption.

(i) Six ounces (6 oz.) of wine per customer each day for on-premises consumption;

(ii) Eight ounces (8 oz.) of beer per customer each day for on-premises consumption; or

(iii) Two ounces (2 oz.) of spirits per customer each day for on-premises consumption.

(3) The director may promulgate rules to administer and enforce this section.

Amended by Act 2023, No. 319,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 319,§ 1, eff. 8/1/2023.

Acts 1993, No. 1258, §§ 1-4; 2005, No. 1544, § 1; 2007, No. 455, § 1; 2009, No. 548, § 2.
Ark. Code Ann. § 3-4-219 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-219
Fees - Duration
Status: in_force

(a) Applications for permits shall be made for issuance only on January 1 or July 1 of each year. (b) Licenses issued as of January 1 will require the payment of one-half (½) the annual permit fee and the amount shall attach and operate as a lien as set forth in subsection (e) of this section at the time the permit is issued. (c) Each permit shall be issued for an indeterminate period, and the permit fees prescribed by the provisions of this act shall be paid annually in advance on or before June 30 of each calendar year for the fiscal year beginning July 1. (d) Each permit issued pursuant to this act shall remain valid until revoked or suspended so long as the prescribed annual permit fee shall be paid as required by law. (e) All permit or license fees shall attach to and operate as a lien on the property, on and in the permitted premises or elsewhere, belonging to the person from whom such fees are due. Acts 1935, No. 108, Art. 3, § 9; Pope's Dig., § 14113; Acts 1953, No. 49, § 1; 1983, No. 420, § 1; A.S.A. 1947, §§ 48-313, 48-313.1.

(a) Applications for permits shall be made for issuance only on January 1 or July 1 of each year.

(b) Licenses issued as of January 1 will require the payment of one-half (½) the annual permit fee and the amount shall attach and operate as a lien as set forth in subsection (e) of this section at the time the permit is issued.

(c) Each permit shall be issued for an indeterminate period, and the permit fees prescribed by the provisions of this act shall be paid annually in advance on or before June 30 of each calendar year for the fiscal year beginning July 1.

(d) Each permit issued pursuant to this act shall remain valid until revoked or suspended so long as the prescribed annual permit fee shall be paid as required by law.

(e) All permit or license fees shall attach to and operate as a lien on the property, on and in the permitted premises or elsewhere, belonging to the person from whom such fees are due.

Acts 1935, No. 108, Art. 3, § 9; Pope's Dig., § 14113; Acts 1953, No. 49, § 1; 1983, No. 420, § 1; A.S.A. 1947, §§ 48-313, 48-313.1.
Ark. Code Ann. § 3-8-103 — AR Code / Title 3 / Chapter 8 / Subchapter 1 / Section 3-8-103
Effect of dry vote - Wholesalers and manufacturers
Status: in_force

(a) It shall be lawful for any warehousing and office facility used by an authorized wholesaler of alcoholic beverages or manufacturing facility of a producer of native wines, or the manufacturing facility of a producer of beer, or the facilities of an alcoholic beverage distiller, blender, or rectifier, to continue in operation and to sell or give away, where previously authorized by law, such products in the facilities or existing restaurants appurtenant thereto, and utilized to promote the word-of-mouth advertising of such products, after the political subdivision in which such facility is located votes against the manufacture or sale of alcoholic beverages, provided that the facilities were in use or under construction for use prior to the filing of the petitions for local option election. (b) Sales from the establishment shall be limited to sales to authorized retailers or native wine wholesalers for resale in areas where the sale of alcoholic beverages is lawful. Acts 1961, No. 206, §§ 1, 2; 1965, No. 492, § 1; 1979, No. 145, § 1; 1979, No. 1056, § 1; A.S.A. 1947, §§ 48-829, 48-830.

(a) It shall be lawful for any warehousing and office facility used by an authorized wholesaler of alcoholic beverages or manufacturing facility of a producer of native wines, or the manufacturing facility of a producer of beer, or the facilities of an alcoholic beverage distiller, blender, or rectifier, to continue in operation and to sell or give away, where previously authorized by law, such products in the facilities or existing restaurants appurtenant thereto, and utilized to promote the word-of-mouth advertising of such products, after the political subdivision in which such facility is located votes against the manufacture or sale of alcoholic beverages, provided that the facilities were in use or under construction for use prior to the filing of the petitions for local option election.

(b) Sales from the establishment shall be limited to sales to authorized retailers or native wine wholesalers for resale in areas where the sale of alcoholic beverages is lawful.

Acts 1961, No. 206, §§ 1, 2; 1965, No. 492, § 1; 1979, No. 145, § 1; 1979, No. 1056, § 1; A.S.A. 1947, §§ 48-829, 48-830.
Ark. Code Ann. § 3-3-206 — AR Code / Title 3 / Chapter 3 / Subchapter 2 / Section 3-3-206
Sale or delivery to retailer without valid license tax receipt
Status: in_force

(a) Any manufacturer or jobber who shall sell or deliver intoxicating liquor within the state to a retailer who does not possess a valid license tax receipt, as provided for in this act, shall be guilty of a misdemeanor. (b) (1) For the first offense, he or she shall be guilty of a Class B misdemeanor. (2) Any person found guilty a second time shall be guilty of a Class A misdemeanor. Acts 1943, No. 218, §§ 1, 2; A.S.A. 1947, §§ 48-901, 48-902; Acts 2005, No. 1994, § 462.

(a) Any manufacturer or jobber who shall sell or deliver intoxicating liquor within the state to a retailer who does not possess a valid license tax receipt, as provided for in this act, shall be guilty of a misdemeanor.

(b) (1) For the first offense, he or she shall be guilty of a Class B misdemeanor. (2) Any person found guilty a second time shall be guilty of a Class A misdemeanor.

(1) For the first offense, he or she shall be guilty of a Class B misdemeanor.

(2) Any person found guilty a second time shall be guilty of a Class A misdemeanor.

Acts 1943, No. 218, §§ 1, 2; A.S.A. 1947, §§ 48-901, 48-902; Acts 2005, No. 1994, § 462.
Ark. Code Ann. § 3-5-1505 — AR Code / Title 3 / Chapter 5 / Subchapter 15 / Section 3-5-1505
Prohibited activities
Status: in_force

The holder of a temporary wine charitable auction permit shall not: (1) Auction any wine that has not been obtained as provided for in this subchapter; (2) Conduct more than two (2) auctions during any calendar year; (3) When the auction is conducted on a premises that holds a permit for the sale or dispensing of wine, allow the auctioned wine to be consumed on the permitted premises; and (4) Pay a commission or promotional fee to: (A) Any person to arrange or conduct an auction authorized under this subchapter; or (B) Arrange for the donation of wine to be auctioned by the charitable organization. Acts 2005, No. 1157, § 1.

The holder of a temporary wine charitable auction permit shall not:

(1) Auction any wine that has not been obtained as provided for in this subchapter;

(2) Conduct more than two (2) auctions during any calendar year;

(3) When the auction is conducted on a premises that holds a permit for the sale or dispensing of wine, allow the auctioned wine to be consumed on the permitted premises; and

(4) Pay a commission or promotional fee to: (A) Any person to arrange or conduct an auction authorized under this subchapter; or (B) Arrange for the donation of wine to be auctioned by the charitable organization.

(A) Any person to arrange or conduct an auction authorized under this subchapter; or

(B) Arrange for the donation of wine to be auctioned by the charitable organization.

Acts 2005, No. 1157, § 1.
Ark. Code Ann. § 3-2-405 — AR Code / Title 3 / Chapter 2 / Subchapter 4 / Section 3-2-405
Request to change wholesalers - Notice - Objections - Hearing - Disposition of proceedings
Status: in_force

(a) (1) At the same time that the original wholesaler change request is filed with the Director of the Alcoholic Beverage Control Division, a copy thereof shall be mailed by the distiller, manufacturer, importer, or producer to each wholesaler who may be affected by the proposed changes. Immediately upon receipt of any wholesaler change request, the director shall notify the currently designated wholesaler of the request by certified mail. (2) Within fifteen (15) days after receipt of such notice by the affected wholesaler, any such wholesaler or party required to be given notice by this subchapter may interpose written objections thereto. Such written objections shall be filed in the office of the Alcoholic Beverage Control Division, and copies thereof shall be served by the objecting party upon the party proposing the change and upon all wholesalers who may be affected by the proposed change. (b) Upon the receipt of an objection from any party, or upon his or her own motion, the director shall hold a hearing, after providing due notice to all parties concerned, for the purpose of determining the truth of any matters of fact alleged by any party and determining whether the proposed changes are based upon sufficient cause and are otherwise consistent with the policies set out in § 3-2-401 . If it is determined from the evidence educed at said hearing that the brand or label involved is the same as, or similar to, or is such a modification of, substitution of, upgrade of, or extension of a brand or label which has already been registered by the distiller, manufacturer, importer, or producer, so as to render it unjust or inequitable, without cause being shown, to designate the brand or label to a wholesaler different from the wholesaler designated for the brand or label being so modified, substituted, upgraded, or extended, then such request shall be denied; provided, however, that nothing herein shall be construed or prevent the distiller, manufacturer, importer, or producer from treating the matter as a desire to change wholesalers and from proceeding under the provisions of § 3-2-404 , either before or after such determination. (c) No proposed change will be approved by the director which is based upon the failure or refusal of a wholesaler to comply with any demand or request of a distiller, manufacturer, importer, or producer if such demand or request would result in a violation of any provision of federal or state law or regulation. During such fifteen-day objection period or until the proposed changes have been finally approved by the director, the party proposing the change shall continue to supply the designated wholesaler, upon commercially reasonable terms, such reasonable quantities of the brand involved as the wholesaler may require. If, at any time, the director finds a distiller, manufacturer, importer, or producer is not shipping the wholesaler a reasonable amount of merchandise, he or she may withdraw approval of all brands registered by such parties within the state. Acts 1991, No. 260, § 4.

(a) (1) At the same time that the original wholesaler change request is filed with the Director of the Alcoholic Beverage Control Division, a copy thereof shall be mailed by the distiller, manufacturer, importer, or producer to each wholesaler who may be affected by the proposed changes. Immediately upon receipt of any wholesaler change request, the director shall notify the currently designated wholesaler of the request by certified mail. (2) Within fifteen (15) days after receipt of such notice by the affected wholesaler, any such wholesaler or party required to be given notice by this subchapter may interpose written objections thereto. Such written objections shall be filed in the office of the Alcoholic Beverage Control Division, and copies thereof shall be served by the objecting party upon the party proposing the change and upon all wholesalers who may be affected by the proposed change.

(1) At the same time that the original wholesaler change request is filed with the Director of the Alcoholic Beverage Control Division, a copy thereof shall be mailed by the distiller, manufacturer, importer, or producer to each wholesaler who may be affected by the proposed changes. Immediately upon receipt of any wholesaler change request, the director shall notify the currently designated wholesaler of the request by certified mail.

(2) Within fifteen (15) days after receipt of such notice by the affected wholesaler, any such wholesaler or party required to be given notice by this subchapter may interpose written objections thereto. Such written objections shall be filed in the office of the Alcoholic Beverage Control Division, and copies thereof shall be served by the objecting party upon the party proposing the change and upon all wholesalers who may be affected by the proposed change.

(b) Upon the receipt of an objection from any party, or upon his or her own motion, the director shall hold a hearing, after providing due notice to all parties concerned, for the purpose of determining the truth of any matters of fact alleged by any party and determining whether the proposed changes are based upon sufficient cause and are otherwise consistent with the policies set out in § 3-2-401 . If it is determined from the evidence educed at said hearing that the brand or label involved is the same as, or similar to, or is such a modification of, substitution of, upgrade of, or extension of a brand or label which has already been registered by the distiller, manufacturer, importer, or producer, so as to render it unjust or inequitable, without cause being shown, to designate the brand or label to a wholesaler different from the wholesaler designated for the brand or label being so modified, substituted, upgraded, or extended, then such request shall be denied; provided, however, that nothing herein shall be construed or prevent the distiller, manufacturer, importer, or producer from treating the matter as a desire to change wholesalers and from proceeding under the provisions of § 3-2-404 , either before or after such determination.

(c) No proposed change will be approved by the director which is based upon the failure or refusal of a wholesaler to comply with any demand or request of a distiller, manufacturer, importer, or producer if such demand or request would result in a violation of any provision of federal or state law or regulation. During such fifteen-day objection period or until the proposed changes have been finally approved by the director, the party proposing the change shall continue to supply the designated wholesaler, upon commercially reasonable terms, such reasonable quantities of the brand involved as the wholesaler may require. If, at any time, the director finds a distiller, manufacturer, importer, or producer is not shipping the wholesaler a reasonable amount of merchandise, he or she may withdraw approval of all brands registered by such parties within the state.

Acts 1991, No. 260, § 4.
Ark. Code Ann. § 3-5-1310 — AR Code / Title 3 / Chapter 5 / Subchapter 13 / Section 3-5-1310
Administrative sanctions
Status: in_force

(a) The Director of the Alcoholic Beverage Control Division and the Alcoholic Beverage Control Board are empowered to administer the full range of penalties available for other administrative proceedings before it, including, but not limited to, fines, suspension, cancellation, or revocation of such permits which have been found to be in violation of the provisions of this subchapter. (b) Any violation of this subchapter shall be classified as a Class A permit violation pursuant to the terms of § 3-4-402 . Acts 1995, No. 537, § 10.

(a) The Director of the Alcoholic Beverage Control Division and the Alcoholic Beverage Control Board are empowered to administer the full range of penalties available for other administrative proceedings before it, including, but not limited to, fines, suspension, cancellation, or revocation of such permits which have been found to be in violation of the provisions of this subchapter.

(b) Any violation of this subchapter shall be classified as a Class A permit violation pursuant to the terms of § 3-4-402 .

Acts 1995, No. 537, § 10.
Ark. Code Ann. § 3-2-410 — AR Code / Title 3 / Chapter 2 / Subchapter 4 / Section 3-2-410
Terms and conditions of agreements with wholesaler binding on successor
Status: in_force

A successor to a distiller, manufacturer, importer, producer, winery, or brewer of beer, malt liquor, light wine, wine, or liquor that continues in business as a distiller, manufacturer, importer, producer, winery, or brewery or that continues to operate under the names of any product acquired by said distiller, manufacturer, importer, producer, winery, or brewer shall be bound by all terms and conditions of any agreements with any Arkansas wholesaler, whether oral or written, of the distiller, manufacturer, importer, producer, winery, or brewery which are in effect on the date of succession. Acts 1991, No. 260, § 10.

A successor to a distiller, manufacturer, importer, producer, winery, or brewer of beer, malt liquor, light wine, wine, or liquor that continues in business as a distiller, manufacturer, importer, producer, winery, or brewery or that continues to operate under the names of any product acquired by said distiller, manufacturer, importer, producer, winery, or brewer shall be bound by all terms and conditions of any agreements with any Arkansas wholesaler, whether oral or written, of the distiller, manufacturer, importer, producer, winery, or brewery which are in effect on the date of succession.

Acts 1991, No. 260, § 10.
Ark. Code Ann. § 3-5-1305 — AR Code / Title 3 / Chapter 5 / Subchapter 13 / Section 3-5-1305
Prohibited actions
Status: in_force

No holder of a nonresident seller's permit or wholesaler support center permit nor any officer, director, agent, or employee of the holder nor any affiliate of the holder, regardless of whether the affiliation is corporate or by management, direction, or control, may do any of the following: (1) Fail to make or file a report with the Alcoholic Beverage Control Division as required by rules of the division; (2) Advertise any beer or malt contrary to the laws of this state or to the rules of the division or sell beer or malt for resale in this state in violation of advertising or labeling rules of the division; (3) Sell beer or malt for resale inside this state or cause it to be brought into this state in a size of container prohibited by this subchapter or by a rule of the division; (4) Solicit or take orders for beer or malt from a person not authorized to import beer or malt into this state for the purpose of resale. Provided, however, a nonresident beer seller permittee also holding a wholesaler support center permit may engage in those activities set forth in § 3-5-1304(b) ; (5) Induce, persuade, or influence or attempt to induce, persuade, or influence a person to violate this subchapter or a rule of the division or conspire with a person to violate this subchapter or a rule of the division; (6) Exercise a privilege granted by a nonresident seller's permit while an order or suspension against the permit is in effect; (7) Take or fail to take any action that would cause any type of fixing of wholesale or retail prices in the state. Suggestion of wholesale or retail prices will not be considered to be a violation of this provision; (8) Do any other act by a supplier in violation of § 3-5-1107 ; (9) Hold any wholesaler's permit under § 3-5-206 ; or (10) Do any other act that violates any regulation adopted by the division. Acts 1995, No. 537, § 5; 1999, No. 96, § 4.

No holder of a nonresident seller's permit or wholesaler support center permit nor any officer, director, agent, or employee of the holder nor any affiliate of the holder, regardless of whether the affiliation is corporate or by management, direction, or control, may do any of the following:

(1) Fail to make or file a report with the Alcoholic Beverage Control Division as required by rules of the division;

(2) Advertise any beer or malt contrary to the laws of this state or to the rules of the division or sell beer or malt for resale in this state in violation of advertising or labeling rules of the division;

(3) Sell beer or malt for resale inside this state or cause it to be brought into this state in a size of container prohibited by this subchapter or by a rule of the division;

(4) Solicit or take orders for beer or malt from a person not authorized to import beer or malt into this state for the purpose of resale. Provided, however, a nonresident beer seller permittee also holding a wholesaler support center permit may engage in those activities set forth in § 3-5-1304(b) ;

(5) Induce, persuade, or influence or attempt to induce, persuade, or influence a person to violate this subchapter or a rule of the division or conspire with a person to violate this subchapter or a rule of the division;

(6) Exercise a privilege granted by a nonresident seller's permit while an order or suspension against the permit is in effect;

(7) Take or fail to take any action that would cause any type of fixing of wholesale or retail prices in the state. Suggestion of wholesale or retail prices will not be considered to be a violation of this provision;

(8) Do any other act by a supplier in violation of § 3-5-1107 ;

(9) Hold any wholesaler's permit under § 3-5-206 ; or

(10) Do any other act that violates any regulation adopted by the division.

Acts 1995, No. 537, § 5; 1999, No. 96, § 4.
Ark. Code Ann. § 3-5-1302 — AR Code / Title 3 / Chapter 5 / Subchapter 13 / Section 3-5-1302
Definitions
Status: in_force

As used in this subchapter: (1) "Beer" shall have the meaning set forth in § 3-5-202 ; (2) "Brewery" shall have the meaning set forth in § 3-5-202 ; (3) "Division" shall mean the Alcoholic Beverage Control Division of the Department of Finance and Administration of the State of Arkansas; (4) "Malt liquor" shall have the meaning set forth in § 3-1-102 ; (5) "Manufacturer" shall have the meaning set forth in § 3-1-102 ; (6) "Supplier" shall have the meaning set forth in § 3-5-1102 ; (7) "Wholesale dealer and distributor" shall have the meaning set forth in § 3-5-202 ; and (8) "Wholesaler support center" means a facility located within a wholesaler's premises at which beer and malt are stored by a manufacturer for resale to wholesalers or distributors within or without the state. Acts 1995, No. 537, § 2; 1999, No. 96, § 1.

As used in this subchapter:

(1) "Beer" shall have the meaning set forth in § 3-5-202 ;

(2) "Brewery" shall have the meaning set forth in § 3-5-202 ;

(3) "Division" shall mean the Alcoholic Beverage Control Division of the Department of Finance and Administration of the State of Arkansas;

(4) "Malt liquor" shall have the meaning set forth in § 3-1-102 ;

(5) "Manufacturer" shall have the meaning set forth in § 3-1-102 ;

(6) "Supplier" shall have the meaning set forth in § 3-5-1102 ;

(7) "Wholesale dealer and distributor" shall have the meaning set forth in § 3-5-202 ; and

(8) "Wholesaler support center" means a facility located within a wholesaler's premises at which beer and malt are stored by a manufacturer for resale to wholesalers or distributors within or without the state.

Acts 1995, No. 537, § 2; 1999, No. 96, § 1.
Ark. Code Ann. § 3-3-214 — AR Code / Title 3 / Chapter 3 / Subchapter 2 / Section 3-3-214
Sale of denatured alcohol
Status: in_force

(a) It is unlawful for any person to sell, give away, or dispose of denatured alcohol for any beverage purposes whatsoever. (b) Any person who shall sell, give away, or dispose of denatured alcohol for any beverage purpose whatsoever shall be guilty of a violation and for the first offense be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250). For the second and subsequent offenses, he or she shall be guilty of a Class B misdemeanor. (c) Any person who shall sell, give away, or dispose of denatured alcohol to an habitual drunkard or an intoxicated person shall be prima facie guilty of selling denatured alcohol for beverage purposes and subject to the penalties provided in this section. Acts 1939, No. 139, §§ 1-3; A.S.A. 1947, §§ 48-945 -- 48-947; Acts 2005, No. 1994, § 368.

(a) It is unlawful for any person to sell, give away, or dispose of denatured alcohol for any beverage purposes whatsoever.

(b) Any person who shall sell, give away, or dispose of denatured alcohol for any beverage purpose whatsoever shall be guilty of a violation and for the first offense be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250). For the second and subsequent offenses, he or she shall be guilty of a Class B misdemeanor.

(c) Any person who shall sell, give away, or dispose of denatured alcohol to an habitual drunkard or an intoxicated person shall be prima facie guilty of selling denatured alcohol for beverage purposes and subject to the penalties provided in this section.

Acts 1939, No. 139, §§ 1-3; A.S.A. 1947, §§ 48-945 -- 48-947; Acts 2005, No. 1994, § 368.
Ark. Code Ann. § 3-5-1601 — AR Code / Title 3 / Chapter 5 / Subchapter 16 / Section 3-5-1601
Definition
Status: in_force

As used in this subchapter, "small farm winery" means a wine-making establishment that sells no more than two hundred fifty thousand gallons (250,000 gals.) of wine, the alcoholic content of which does not exceed twenty-one percent (21%) annually as reported on the federal tax report form TTB F 5120-17, as it existed on January 1, 2007. For the purposes of this subchapter, a winery or a group of wineries consisting of at least fifty percent (50%) common ownership is to be considered one (1) small farm winery. Acts 2007, No. 668, § 1.

As used in this subchapter, "small farm winery" means a wine-making establishment that sells no more than two hundred fifty thousand gallons (250,000 gals.) of wine, the alcoholic content of which does not exceed twenty-one percent (21%) annually as reported on the federal tax report form TTB F 5120-17, as it existed on January 1, 2007. For the purposes of this subchapter, a winery or a group of wineries consisting of at least fifty percent (50%) common ownership is to be considered one (1) small farm winery.

Acts 2007, No. 668, § 1.
Ark. Code Ann. § 3-4-607 — AR Code / Title 3 / Chapter 4 / Subchapter 6 / Section 3-4-607
Minimum wholesale liquor permit
Status: in_force

(a) (1) A person other than a distiller, manufacturer, rectifier, or importer may apply to the Director of the Alcoholic Beverage Control Division for a minimum wholesale liquor permit that allows the person to sell spirituous liquors, wine as defined in § 3-9-301(7) , hard cider, and malt liquors at wholesale. (2) A minimum wholesale liquor permit holder shall not sell more than a combined total of twenty thousand (20,000) cases of spirituous liquors, wine as defined in § 3-9-301(7) , hard cider, or malt liquors. (3) A case is a container that holds nine liters (9 l) of beverages. (b) The application shall be in writing and shall provide information concerning the applicant for the minimum wholesale liquor permit and the premises to be used by the applicant as the director requires. (c) The application shall be accompanied by a certified check, cash, or postal money order for the amount required by this section for the minimum wholesale liquor permit. (d) If the director grants the application, he or she shall issue a minimum wholesale liquor permit in a form as determined by the rules of the Alcoholic Beverage Control Division. (e) The minimum wholesale liquor permit shall contain a description of the premises permitted and in form and substance shall be a minimum wholesale liquor permit to the person specifically designated to sell spirituous liquors, wine as defined in § 3-9-301(7) , hard cider, and malt liquors for beverage purposes. (f) (1) A person other than a person holding a distiller's, manufacturer's, rectifier's, or minimum wholesale liquor permit shall not sell spirituous liquors, wine as defined in § 3-9-301(7) , and malt liquors at wholesale. (2) A wholesaler holding a minimum wholesale liquor permit shall not sell or buy from another person unless the other person holds a minimum wholesale liquor permit, but a wholesaler may export from or import into this state spirituous liquors, wine as defined in § 3-9-301(7) , hard cider, and malt liquors under rules promulgated by the division. (g) A wholesaler holding a minimum wholesale liquor permit shall not sell or contract to sell any spirituous liquors, wine as defined in § 3-9-301(7) , hard cider, and malt liquors to a dispensary, hotel, restaurant, or club if the dispensary, hotel, restaurant, or club is not authorized under § 3-4-601 to receive, possess, transport, distribute, or sell spirituous liquors, wine as defined in § 3-9-301(7) , hard cider, and malt liquors. (h) A minimum wholesale liquor permitee of spirituous liquors, wine as defined in § 3-9-301(7) , hard cider, and malt liquors in Arkansas shall purchase spirituous liquors, wine as defined in § 3-9-301(7) , hard cider, and malt liquors only from a distiller, importer, rectifier, or a domestic wine producer. However, this restriction does not apply to the purchase of native wines. (i) (1) The minimum wholesale liquor permit fee is two thousand five hundred dollars ($2,500) for each separate establishment. (2) This section does not apply to residents of Arkansas who store, transport, and sell wine at wholesale manufactured by them in this state. (j) [Repealed.] Amended by Act 2023, No. 839,§ 2, eff. 4/13/2023. Amended by Act 2019, No. 691,§ 11, eff. 7/24/2019. Amended by Act 2019, No. 691,§ 10, eff. 7/24/2019. Acts 2009, No. 294, § 7.

(a) (1) A person other than a distiller, manufacturer, rectifier, or importer may apply to the Director of the Alcoholic Beverage Control Division for a minimum wholesale liquor permit that allows the person to sell spirituous liquors, wine as defined in § 3-9-301(7) , hard cider, and malt liquors at wholesale. (2) A minimum wholesale liquor permit holder shall not sell more than a combined total of twenty thousand (20,000) cases of spirituous liquors, wine as defined in § 3-9-301(7) , hard cider, or malt liquors. (3) A case is a container that holds nine liters (9 l) of beverages.

(1) A person other than a distiller, manufacturer, rectifier, or importer may apply to the Director of the Alcoholic Beverage Control Division for a minimum wholesale liquor permit that allows the person to sell spirituous liquors, wine as defined in § 3-9-301(7) , hard cider, and malt liquors at wholesale.

(2) A minimum wholesale liquor permit holder shall not sell more than a combined total of twenty thousand (20,000) cases of spirituous liquors, wine as defined in § 3-9-301(7) , hard cider, or malt liquors.

(3) A case is a container that holds nine liters (9 l) of beverages.

(b) The application shall be in writing and shall provide information concerning the applicant for the minimum wholesale liquor permit and the premises to be used by the applicant as the director requires.

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

(d) If the director grants the application, he or she shall issue a minimum wholesale liquor permit in a form as determined by the rules of the Alcoholic Beverage Control Division.

(e) The minimum wholesale liquor permit shall contain a description of the premises permitted and in form and substance shall be a minimum wholesale liquor permit to the person specifically designated to sell spirituous liquors, wine as defined in § 3-9-301(7) , hard cider, and malt liquors for beverage purposes.

(f) (1) A person other than a person holding a distiller's, manufacturer's, rectifier's, or minimum wholesale liquor permit shall not sell spirituous liquors, wine as defined in § 3-9-301(7) , and malt liquors at wholesale. (2) A wholesaler holding a minimum wholesale liquor permit shall not sell or buy from another person unless the other person holds a minimum wholesale liquor permit, but a wholesaler may export from or import into this state spirituous liquors, wine as defined in § 3-9-301(7) , hard cider, and malt liquors under rules promulgated by the division.

(1) A person other than a person holding a distiller's, manufacturer's, rectifier's, or minimum wholesale liquor permit shall not sell spirituous liquors, wine as defined in § 3-9-301(7) , and malt liquors at wholesale.

(2) A wholesaler holding a minimum wholesale liquor permit shall not sell or buy from another person unless the other person holds a minimum wholesale liquor permit, but a wholesaler may export from or import into this state spirituous liquors, wine as defined in § 3-9-301(7) , hard cider, and malt liquors under rules promulgated by the division.

(g) A wholesaler holding a minimum wholesale liquor permit shall not sell or contract to sell any spirituous liquors, wine as defined in § 3-9-301(7) , hard cider, and malt liquors to a dispensary, hotel, restaurant, or club if the dispensary, hotel, restaurant, or club is not authorized under § 3-4-601 to receive, possess, transport, distribute, or sell spirituous liquors, wine as defined in § 3-9-301(7) , hard cider, and malt liquors.

(h) A minimum wholesale liquor permitee of spirituous liquors, wine as defined in § 3-9-301(7) , hard cider, and malt liquors in Arkansas shall purchase spirituous liquors, wine as defined in § 3-9-301(7) , hard cider, and malt liquors only from a distiller, importer, rectifier, or a domestic wine producer. However, this restriction does not apply to the purchase of native wines.

(i) (1) The minimum wholesale liquor permit fee is two thousand five hundred dollars ($2,500) for each separate establishment. (2) This section does not apply to residents of Arkansas who store, transport, and sell wine at wholesale manufactured by them in this state.

(1) The minimum wholesale liquor permit fee is two thousand five hundred dollars ($2,500) for each separate establishment.

(2) This section does not apply to residents of Arkansas who store, transport, and sell wine at wholesale manufactured by them in this state.

(j) [Repealed.]

Amended by Act 2023, No. 839,§ 2, eff. 4/13/2023.

Amended by Act 2019, No. 691,§ 11, eff. 7/24/2019.

Amended by Act 2019, No. 691,§ 10, eff. 7/24/2019.

Acts 2009, No. 294, § 7.
Ark. Code Ann. § 3-5-1606 — AR Code / Title 3 / Chapter 5 / Subchapter 16 / Section 3-5-1606
Rules
Status: in_force

The Alcoholic Beverage Control Board shall promulgate rules to implement this subchapter. Acts 2007, No. 668, § 1.

The Alcoholic Beverage Control Board shall promulgate rules to implement this subchapter.

Acts 2007, No. 668, § 1.
Ark. Code Ann. § 3-7-115 — AR Code / Title 3 / Chapter 7 / Subchapter 1 / Section 3-7-115
Sacramental wine
Status: in_force

(a) All wines sold in the State of Arkansas for use as sacramental wine shall be exempt from all taxes levied on wine by the State of Arkansas. (b) (1) Each container of sacramental wine sold in the state shall have attached to it a decal containing the words "Sacramental Wine". (2) The decal shall be provided and attached to the containers by wineries selling sacramental wine in this state. Acts 1987, No. 902, § 1.

(a) All wines sold in the State of Arkansas for use as sacramental wine shall be exempt from all taxes levied on wine by the State of Arkansas.

(b) (1) Each container of sacramental wine sold in the state shall have attached to it a decal containing the words "Sacramental Wine". (2) The decal shall be provided and attached to the containers by wineries selling sacramental wine in this state.

(1) Each container of sacramental wine sold in the state shall have attached to it a decal containing the words "Sacramental Wine".

(2) The decal shall be provided and attached to the containers by wineries selling sacramental wine in this state.

Acts 1987, No. 902, § 1.
Ark. Code Ann. § 3-5-1603 — AR Code / Title 3 / Chapter 5 / Subchapter 16 / Section 3-5-1603
Restaurant wine license - Retail malt beverage license
Status: in_force

(a) The Alcoholic Beverage Control Board may issue a restaurant wine license and a retail malt beverage license to a small farm winery license holder, if the issuance of the restaurant wine license and the retail malt beverage license are in connection with the establishment and operation of a restaurant, hotel, inn, bed and breakfast, museum, conference center, or any similar business enterprise for the purpose of promoting viticulture, enology, and tourism. (b) The retail malt beverage license issued under this section shall limit the license to the sale of malt beverages for consumption on the premises only. Acts 2007, No. 668, § 1.

(a) The Alcoholic Beverage Control Board may issue a restaurant wine license and a retail malt beverage license to a small farm winery license holder, if the issuance of the restaurant wine license and the retail malt beverage license are in connection with the establishment and operation of a restaurant, hotel, inn, bed and breakfast, museum, conference center, or any similar business enterprise for the purpose of promoting viticulture, enology, and tourism.

(b) The retail malt beverage license issued under this section shall limit the license to the sale of malt beverages for consumption on the premises only.

Acts 2007, No. 668, § 1.
Ark. Code Ann. § 3-4-804 — AR Code / Title 3 / Chapter 4 / Subchapter 8 / Section 3-4-804
Effect of compliance
Status: in_force

(a) A permittee who seeks to qualify as a responsible permittee must provide to the Alcoholic Beverage Control Board evidence of compliance with the requirements of this subchapter. Upon satisfactory proof that the permittee has complied with the requirements, the board shall certify the permittee as a responsible permittee. Certification as a responsible permittee shall be renewed annually. (b) The board may revoke or suspend a permittee's certification for noncompliance with this subchapter. Acts 1993, No. 173, § 4.

(a) A permittee who seeks to qualify as a responsible permittee must provide to the Alcoholic Beverage Control Board evidence of compliance with the requirements of this subchapter. Upon satisfactory proof that the permittee has complied with the requirements, the board shall certify the permittee as a responsible permittee. Certification as a responsible permittee shall be renewed annually.

(b) The board may revoke or suspend a permittee's certification for noncompliance with this subchapter.

Acts 1993, No. 173, § 4.
Ark. Code Ann. § 3-5-806 — AR Code / Title 3 / Chapter 5 / Subchapter 8 / Section 3-5-806
Expanding operations during period of program
Status: in_force

It shall be unlawful during the period of a native wine industry disaster relief order for any existing winery or any new winery in this state to start a branch or new production operation in this state during the period of the order for the sole purpose of abusing the intent of this subchapter and § 3-5-405 [repealed] to stabilize the production of native wine by authorizing the importation of products used in wine production to overcome production losses brought about by natural disasters. Acts 1981, No. 335, § 7; A.S.A. 1947, § 48-647.

It shall be unlawful during the period of a native wine industry disaster relief order for any existing winery or any new winery in this state to start a branch or new production operation in this state during the period of the order for the sole purpose of abusing the intent of this subchapter and § 3-5-405 [repealed] to stabilize the production of native wine by authorizing the importation of products used in wine production to overcome production losses brought about by natural disasters.

Acts 1981, No. 335, § 7; A.S.A. 1947, § 48-647.
Ark. Code Ann. § 3-2-104 — AR Code / Title 3 / Chapter 2 / Subchapter 1 / Section 3-2-104
Definition of "schoolhouse"
Status: in_force

(a) For all businesses regulated under this title by the Alcoholic Beverage Control Board that are licensed or permitted after July 24, 2019, "schoolhouse" means: (1) A facility owned and operated by a public or private school or an open-enrollment charter school; and (2) A public or private daycare facility licensed by the State of Arkansas. (b) "Schoolhouse" does not include a home school. Added by Act 2019, No. 983,§ 1, eff. 7/24/2019.

(a) For all businesses regulated under this title by the Alcoholic Beverage Control Board that are licensed or permitted after July 24, 2019, "schoolhouse" means: (1) A facility owned and operated by a public or private school or an open-enrollment charter school; and (2) A public or private daycare facility licensed by the State of Arkansas.

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

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

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

Added by Act 2019, No. 983,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 3-5-202 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-202
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Beer" means any fermented liquor made from malt or any substitute therefor and having an alcoholic content not in excess of five percent (5%) by weight; (2) "Brewery" means any place where beer as defined by this section is manufactured for sale or consumption; (3) "Consumer" means a person who receives or in any way comes into possession of beer and light wines as defined in this section for the purpose of consuming them, giving them away, or distributing them in any way other than by sale, barter, or exchange; (4) "Distributor" means any person who receives, either from within or from without this state, light wines and beer as defined by this section for the purpose of distributing them to the dealer either in the original stamped packages as received from the brewery or winery or in bottles as received from the bottler; (5) (A) "Home-brewed beer" means beer, ale, porter, stout, and other similar fermented beverages containing one-half of one percent (0.5%) or more of alcohol by volume brewed or produced from malt, wholly or in part, or from a substitute for malt, for consumption but not for sale. (B) Any manufacturer of home-brewed beer must have attained twenty-one (21) years of age; (6) "Intoxicating liquor" means vinous, ardent, malt fermented liquor or distilled spirits with an alcoholic content in excess of five percent (5%) by weight; (7) "Light wine" means the fermented juice of grapes or other small fruits, including berries, and having an alcoholic content not in excess of five percent (5%) by weight; (8) "Person" means one (1) or more persons, a company, a corporation, a partnership, a syndicate, or an association; (9) "Retail dealer" means any person who sells to the consumer light wines or beer in quantities of less than sixteen gallons (16 gals.); (10) "Rule" or "proper rule" means such reasonable rules authorized by law and made and promulgated by the Director of the Alcoholic Beverage Control Division with the approval of the Alcoholic Beverage Control Board; (11) "Warehouse" means a house or building equipped to maintain such temperature as may be required by the rules promulgated by the director for the storage of beer or wine and a place at which taxes on the beer or wine shall be collected; (12) "Wholesale dealer and distributor" means any person who sells beer or light wines to retail dealers in quantities of three gallons (3 gals.) or more; and (13) "Winery" means any place where light wine as defined by this section is manufactured for sale or consumption. Amended by Act 2019, No. 315,§ 61, eff. 7/24/2019. Amended by Act 2019, No. 861,§ 1, eff. 7/24/2019. Acts 1933 (1st Ex. Sess.), No. 7, § 2; Pope's Dig., § 14194; A.S.A. 1947, § 48-503; Acts 1995, No. 1051, § 1.

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

(1) "Beer" means any fermented liquor made from malt or any substitute therefor and having an alcoholic content not in excess of five percent (5%) by weight;

(2) "Brewery" means any place where beer as defined by this section is manufactured for sale or consumption;

(3) "Consumer" means a person who receives or in any way comes into possession of beer and light wines as defined in this section for the purpose of consuming them, giving them away, or distributing them in any way other than by sale, barter, or exchange;

(4) "Distributor" means any person who receives, either from within or from without this state, light wines and beer as defined by this section for the purpose of distributing them to the dealer either in the original stamped packages as received from the brewery or winery or in bottles as received from the bottler;

(5) (A) "Home-brewed beer" means beer, ale, porter, stout, and other similar fermented beverages containing one-half of one percent (0.5%) or more of alcohol by volume brewed or produced from malt, wholly or in part, or from a substitute for malt, for consumption but not for sale. (B) Any manufacturer of home-brewed beer must have attained twenty-one (21) years of age;

(A) "Home-brewed beer" means beer, ale, porter, stout, and other similar fermented beverages containing one-half of one percent (0.5%) or more of alcohol by volume brewed or produced from malt, wholly or in part, or from a substitute for malt, for consumption but not for sale.

(B) Any manufacturer of home-brewed beer must have attained twenty-one (21) years of age;

(6) "Intoxicating liquor" means vinous, ardent, malt fermented liquor or distilled spirits with an alcoholic content in excess of five percent (5%) by weight;

(7) "Light wine" means the fermented juice of grapes or other small fruits, including berries, and having an alcoholic content not in excess of five percent (5%) by weight;

(8) "Person" means one (1) or more persons, a company, a corporation, a partnership, a syndicate, or an association;

(9) "Retail dealer" means any person who sells to the consumer light wines or beer in quantities of less than sixteen gallons (16 gals.);

(10) "Rule" or "proper rule" means such reasonable rules authorized by law and made and promulgated by the Director of the Alcoholic Beverage Control Division with the approval of the Alcoholic Beverage Control Board;

(11) "Warehouse" means a house or building equipped to maintain such temperature as may be required by the rules promulgated by the director for the storage of beer or wine and a place at which taxes on the beer or wine shall be collected;

(12) "Wholesale dealer and distributor" means any person who sells beer or light wines to retail dealers in quantities of three gallons (3 gals.) or more; and

(13) "Winery" means any place where light wine as defined by this section is manufactured for sale or consumption.

Amended by Act 2019, No. 315,§ 61, eff. 7/24/2019.

Amended by Act 2019, No. 861,§ 1, eff. 7/24/2019.

Acts 1933 (1st Ex. Sess.), No. 7, § 2; Pope's Dig., § 14194; A.S.A. 1947, § 48-503; Acts 1995, No. 1051, § 1.
Ark. Code Ann. § 3-3-301 — AR Code / Title 3 / Chapter 3 / Subchapter 3 / Section 3-3-301
Definition
Status: in_force

As used in this subchapter, unless the context otherwise requires, "person" means any individual, corporation, partnership, association, firm, or other business entity, or its agents or representatives. Acts 1947, No. 423, § 1; A.S.A. 1947, § 48-920.

As used in this subchapter, unless the context otherwise requires, "person" means any individual, corporation, partnership, association, firm, or other business entity, or its agents or representatives.

Acts 1947, No. 423, § 1; A.S.A. 1947, § 48-920.
Ark. Code Ann. § 3-2-203 — AR Code / Title 3 / Chapter 2 / Subchapter 2 / Section 3-2-203
Enforcement division - Director and staff
Status: in_force

(a) The Director of the Alcoholic Beverage Control Enforcement Division shall be appointed by the Secretary of the Department of Finance and Administration and shall serve at the pleasure of the secretary. (b) All enforcement personnel of the Alcoholic Beverage Control Enforcement Division shall be named by the director. Amended by Act 2019, No. 910,§ 3300, eff. 7/1/2019. Acts 1977, No. 941, § 1; 1981, No. 45, § 9; 1983, No. 930, § 7; 1985, No. 297, § 1; A.S.A. 1947, §§ 48-1317.1, 48-1322; Acts 2001, No. 196, § 1.

(a) The Director of the Alcoholic Beverage Control Enforcement Division shall be appointed by the Secretary of the Department of Finance and Administration and shall serve at the pleasure of the secretary.

(b) All enforcement personnel of the Alcoholic Beverage Control Enforcement Division shall be named by the director.

Amended by Act 2019, No. 910,§ 3300, eff. 7/1/2019.

Acts 1977, No. 941, § 1; 1981, No. 45, § 9; 1983, No. 930, § 7; 1985, No. 297, § 1; A.S.A. 1947, §§ 48-1317.1, 48-1322; Acts 2001, No. 196, § 1.
Ark. Code Ann. § 3-4-903 — AR Code / Title 3 / Chapter 4 / Subchapter 9 / Section 3-4-903
Qualifications for permit
Status: in_force

(a) No off-premise caterer's permit shall be issued by the Alcoholic Beverage Control Division until an applicant for the permit provides proof that it has obtained a sales tax permit from the Revenue Division of the Department of Finance and Administration and has received approval of its permitted premises by the Department of Health. (b) Furthermore, no off-premise caterer's permit shall be issued until the applicant provides proof of general liability insurance providing coverage in an amount of no less than two hundred thousand dollars ($200,000). Acts 1999, No. 1170, § 3.

(a) No off-premise caterer's permit shall be issued by the Alcoholic Beverage Control Division until an applicant for the permit provides proof that it has obtained a sales tax permit from the Revenue Division of the Department of Finance and Administration and has received approval of its permitted premises by the Department of Health.

(b) Furthermore, no off-premise caterer's permit shall be issued until the applicant provides proof of general liability insurance providing coverage in an amount of no less than two hundred thousand dollars ($200,000).

Acts 1999, No. 1170, § 3.
Ark. Code Ann. § 3-9-604 — AR Code / Title 3 / Chapter 9 / Subchapter 6 / Section 3-9-604
Prohibited acts
Status: in_force

A holder of a license authorizing the sale of wine or hard cider, or both, for consumption 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 the peace, or any lewd, immoral, or improper entertainment, conduct, or practices. Amended by Act 2019, No. 691,§ 28, eff. 7/24/2019. Acts 1999, No. 856, § 5.

A holder of a license authorizing the sale of wine or hard cider, or both, for consumption 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 the peace, or any lewd, immoral, or improper entertainment, conduct, or practices.

Amended by Act 2019, No. 691,§ 28, eff. 7/24/2019.

Acts 1999, No. 856, § 5.
Ark. Code Ann. § 3-9-605 — AR Code / Title 3 / Chapter 9 / Subchapter 6 / Section 3-9-605
Penalties
Status: in_force

If a facility licensed under this subchapter to sell wine or hard cider, or both, for consumption on the premises violates this subchapter or the other laws of this state regarding the sale of wine or hard cider at retail, the owner or operator of the facility is guilty of a Class B misdemeanor. Amended by Act 2019, No. 691,§ 29, eff. 7/24/2019. Acts 1999, No. 856, § 2; 2005, No. 1994, § 377.

If a facility licensed under this subchapter to sell wine or hard cider, or both, for consumption on the premises violates this subchapter or the other laws of this state regarding the sale of wine or hard cider at retail, the owner or operator of the facility is guilty of a Class B misdemeanor.

Amended by Act 2019, No. 691,§ 29, eff. 7/24/2019.

Acts 1999, No. 856, § 2; 2005, No. 1994, § 377.
Ark. Code Ann. § 3-7-303 — AR Code / Title 3 / Chapter 7 / Subchapter 3 / Section 3-7-303
Records - Penalties
Status: in_force

(a) Each wholesale distributor and importer of spirituous liquors required to file a return shall keep such complete and accurate books, papers, invoices, and other records as may be necessary to substantiate the accuracy of his or her report and the amount of excise tax due and shall retain the records for not less than three (3) years, subject to the use and inspection of the Secretary of the Department of Finance and Administration or his or her agents. (b) Any person required by this subchapter to retain books, papers, invoices, and other records who fails to produce them upon demand by the secretary or his or her agent or agents of the Alcoholic Beverage Control Division or its successor agency, unless the failure to produce is due to providential or other causes beyond his or her control, shall be guilty of a Class A misdemeanor. Amended by Act 2019, No. 910,§ 3343, eff. 7/1/2019. Acts 1971, No. 296, §§ 3, 4; A.S.A. 1947, §§ 48-424, 48-425; Acts 2005, No. 1994, § 335.

(a) Each wholesale distributor and importer of spirituous liquors required to file a return shall keep such complete and accurate books, papers, invoices, and other records as may be necessary to substantiate the accuracy of his or her report and the amount of excise tax due and shall retain the records for not less than three (3) years, subject to the use and inspection of the Secretary of the Department of Finance and Administration or his or her agents.

(b) Any person required by this subchapter to retain books, papers, invoices, and other records who fails to produce them upon demand by the secretary or his or her agent or agents of the Alcoholic Beverage Control Division or its successor agency, unless the failure to produce is due to providential or other causes beyond his or her control, shall be guilty of a Class A misdemeanor.

Amended by Act 2019, No. 910,§ 3343, eff. 7/1/2019.

Acts 1971, No. 296, §§ 3, 4; A.S.A. 1947, §§ 48-424, 48-425; Acts 2005, No. 1994, § 335.
Ark. Code Ann. § 3-5-203 — AR Code / Title 3 / Chapter 5 / Subchapter 2 / Section 3-5-203
Penalties
Status: in_force

(a) Any violation of the provisions of this subchapter or of any rule or regulation of the Director of the Alcoholic Beverage Control Division or the violation of any rule or regulation of city legislative bodies relative to the conduct of this business shall be a Class B misdemeanor. (b) Any person convicted of violating any provision of this subchapter defined as a misdemeanor by this subchapter and for which no specific punishment is provided shall be punished as otherwise provided by law. Acts 1933 (1st Ex. Sess.), No. 7, §§ 17, 29; Pope's Dig., §§ 14209, 14222; A.S.A. 1947, §§ 48-525, 48-526; Acts 2005, No. 1994, § 371.

(a) Any violation of the provisions of this subchapter or of any rule or regulation of the Director of the Alcoholic Beverage Control Division or the violation of any rule or regulation of city legislative bodies relative to the conduct of this business shall be a Class B misdemeanor.

(b) Any person convicted of violating any provision of this subchapter defined as a misdemeanor by this subchapter and for which no specific punishment is provided shall be punished as otherwise provided by law.

Acts 1933 (1st Ex. Sess.), No. 7, §§ 17, 29; Pope's Dig., §§ 14209, 14222; A.S.A. 1947, §§ 48-525, 48-526; Acts 2005, No. 1994, § 371.
Ark. Code Ann. § 3-4-601 — AR Code / Title 3 / Chapter 4 / Subchapter 6 / Section 3-4-601
Kinds of permits generally
Status: in_force

(a) There shall be various kinds of permits, including without limitation: (1) Distiller's permit; (2) Brewer's permit; (3) Rectifier's permit; (4) Wholesaler's permit; (5) Dispenser's permit; (6) Hotel, restaurant, or club permit; (7) Grocery store wine permit; (8) Layout center permit; (9) Hard cider manufacturing permit; and (10) Excursion train permit. (b) Each kind of permit shall be distinctive in color and design so as to be readily distinguishable from each other. Amended by Act 2021, No. 68,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 691,§ 5, eff. 7/24/2019. Amended by Act 2017, No. 508,§ 3, eff. 10/1/2017. Amended by Act 2017, No. 726,§ 1, eff. 8/1/2017. Acts 1935, No. 108, Art. 3, § 2; Pope's Dig., § 14105; A.S.A. 1947, § 48-302.

(a) There shall be various kinds of permits, including without limitation: (1) Distiller's permit; (2) Brewer's permit; (3) Rectifier's permit; (4) Wholesaler's permit; (5) Dispenser's permit; (6) Hotel, restaurant, or club permit; (7) Grocery store wine permit; (8) Layout center permit; (9) Hard cider manufacturing permit; and (10) Excursion train permit.

(1) Distiller's permit;

(2) Brewer's permit;

(3) Rectifier's permit;

(4) Wholesaler's permit;

(5) Dispenser's permit;

(6) Hotel, restaurant, or club permit;

(7) Grocery store wine permit;

(8) Layout center permit;

(9) Hard cider manufacturing permit; and

(10) Excursion train permit.

(b) Each kind of permit shall be distinctive in color and design so as to be readily distinguishable from each other.

Amended by Act 2021, No. 68,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 691,§ 5, eff. 7/24/2019.

Amended by Act 2017, No. 508,§ 3, eff. 10/1/2017.

Amended by Act 2017, No. 726,§ 1, eff. 8/1/2017.

Acts 1935, No. 108, Art. 3, § 2; Pope's Dig., § 14105; A.S.A. 1947, § 48-302.
Ark. Code Ann. § 3-3-404 — AR Code / Title 3 / Chapter 3 / Subchapter 4 / Section 3-3-404
Destruction and sale of still
Status: in_force

(a) The court, upon conviction of any defendant for illegal manufacture or sale or gift of intoxicating alcoholic liquors, shall order the destruction of any illicit stills or apparatus designed for the manufacture of intoxicating liquor belonging to or under the control of the defendant. (b) The court may order the copper or other property sold. (c) The proceeds of the sale shall be paid to the county treasurer of the county for the benefit of the road fund. Acts 1935, No. 108, Art. 6, § 9; Pope's Dig., § 14142; A.S.A. 1947, § 48-938.

(a) The court, upon conviction of any defendant for illegal manufacture or sale or gift of intoxicating alcoholic liquors, shall order the destruction of any illicit stills or apparatus designed for the manufacture of intoxicating liquor belonging to or under the control of the defendant.

(b) The court may order the copper or other property sold.

(c) The proceeds of the sale shall be paid to the county treasurer of the county for the benefit of the road fund.

Acts 1935, No. 108, Art. 6, § 9; Pope's Dig., § 14142; A.S.A. 1947, § 48-938.
Ark. Code Ann. § 3-8-310 — AR Code / Title 3 / Chapter 8 / Subchapter 3 / Section 3-8-310
Effect of voting for or against sale - Penalty for unlawful sales
Status: in_force

(a) (1) Whenever a local option election shall be held in any county, city, town, district, or precinct in this state and a majority of the votes cast at the election shall be in favor of prohibiting the sale of liquor in the territory in which the election shall have been held, the law prohibiting the sale shall be in full force and effect at the expiration of sixty (60) days from the date of the entry of the certificate of the canvassing board in the record of the county court. (2) After the expiration of sixty (60) days, no liquor license theretofore issued in the territory under the laws of this state shall be of any force or effect whatever, but the owner of the license shall be entitled to recover from the county, city, town, district, or precinct to which the license money was paid, the proportional part thereof as the unexpired period of license bears to the whole of the year. (b) (1) Upon conviction, any person who shall sell, barter, or loan directly or indirectly any such liquors in the city, county, town, district, or precinct after sixty (60) days shall be guilty of a Class C misdemeanor. (2) Upon conviction, any person who knowingly furnishes or rents a house, room, wagon, or any conveyance or thing in which spirituous, vinous, or malt liquors are sold, bartered, or loaned, in violation of this act, shall be guilty of a violation and fined not less than sixty dollars ($60.00) nor more than one hundred dollars ($100). The house, wagon, vehicle, or other thing in which the liquors were sold, bartered, or loaned shall be liable for all fines adjudged against the person selling, bartering, or loaning the same. (c) In the event that a majority of the votes cast at the election shall be in favor of the sale of liquors, then no license shall be granted to any person, firm, or corporation to sell such liquors in the territory until after the expiration of the aforesaid sixty (60) days, if the issuing of the liquor license was in that territory prohibited by law prior to the holding of the election. Acts 1935, No. 108, Art. 7, § 4; Pope's Dig., § 14150; A.S.A. 1947, § 48-810; Acts 2005, No. 1964, § 7; 2005, No. 1994, § 406.

(a) (1) Whenever a local option election shall be held in any county, city, town, district, or precinct in this state and a majority of the votes cast at the election shall be in favor of prohibiting the sale of liquor in the territory in which the election shall have been held, the law prohibiting the sale shall be in full force and effect at the expiration of sixty (60) days from the date of the entry of the certificate of the canvassing board in the record of the county court. (2) After the expiration of sixty (60) days, no liquor license theretofore issued in the territory under the laws of this state shall be of any force or effect whatever, but the owner of the license shall be entitled to recover from the county, city, town, district, or precinct to which the license money was paid, the proportional part thereof as the unexpired period of license bears to the whole of the year.

(1) Whenever a local option election shall be held in any county, city, town, district, or precinct in this state and a majority of the votes cast at the election shall be in favor of prohibiting the sale of liquor in the territory in which the election shall have been held, the law prohibiting the sale shall be in full force and effect at the expiration of sixty (60) days from the date of the entry of the certificate of the canvassing board in the record of the county court.

(2) After the expiration of sixty (60) days, no liquor license theretofore issued in the territory under the laws of this state shall be of any force or effect whatever, but the owner of the license shall be entitled to recover from the county, city, town, district, or precinct to which the license money was paid, the proportional part thereof as the unexpired period of license bears to the whole of the year.

(b) (1) Upon conviction, any person who shall sell, barter, or loan directly or indirectly any such liquors in the city, county, town, district, or precinct after sixty (60) days shall be guilty of a Class C misdemeanor. (2) Upon conviction, any person who knowingly furnishes or rents a house, room, wagon, or any conveyance or thing in which spirituous, vinous, or malt liquors are sold, bartered, or loaned, in violation of this act, shall be guilty of a violation and fined not less than sixty dollars ($60.00) nor more than one hundred dollars ($100). The house, wagon, vehicle, or other thing in which the liquors were sold, bartered, or loaned shall be liable for all fines adjudged against the person selling, bartering, or loaning the same.

(1) Upon conviction, any person who shall sell, barter, or loan directly or indirectly any such liquors in the city, county, town, district, or precinct after sixty (60) days shall be guilty of a Class C misdemeanor.

(2) Upon conviction, any person who knowingly furnishes or rents a house, room, wagon, or any conveyance or thing in which spirituous, vinous, or malt liquors are sold, bartered, or loaned, in violation of this act, shall be guilty of a violation and fined not less than sixty dollars ($60.00) nor more than one hundred dollars ($100). The house, wagon, vehicle, or other thing in which the liquors were sold, bartered, or loaned shall be liable for all fines adjudged against the person selling, bartering, or loaning the same.

(c) In the event that a majority of the votes cast at the election shall be in favor of the sale of liquors, then no license shall be granted to any person, firm, or corporation to sell such liquors in the territory until after the expiration of the aforesaid sixty (60) days, if the issuing of the liquor license was in that territory prohibited by law prior to the holding of the election.

Acts 1935, No. 108, Art. 7, § 4; Pope's Dig., § 14150; A.S.A. 1947, § 48-810; Acts 2005, No. 1964, § 7; 2005, No. 1994, § 406.
Ark. Code Ann. § 3-5-1201 — AR Code / Title 3 / Chapter 5 / Subchapter 12 / Section 3-5-1201
Legislative determinations and intent
Status: in_force

(a) The General Assembly reaffirms the policy of this state of strict enforcement of laws and rules applicable to the manufacture or sale of beer including, but not limited to, those establishing the three-tier distribution system with prohibitions against ownership and employment interests between the three (3) tiers, or the "three-tier system". (b) The General Assembly determines: (1) That the tourist and the convention industries contribute substantially to the revenues of business enterprises in this state and that income from the tourist trade, conventions, and allied industries is essential to the continued well-being and prosperity of this state; (2) That there is extreme competition among states throughout the nation for the tourist and convention business; and (3) That all reasonable steps should be taken to retain, foster, and encourage this business and to create favorable competitive conditions therefor in this state. (c) In order to encourage tourists and conventions to come to Arkansas, it is essential that visitors to the state be provided accommodations, services, and facilities of a nature to which they are accustomed and competitive with those offered in other states and areas. (d) It is the intent and purpose of this subchapter to authorize the legal operation of microbrewery-restaurants as herein provided as a limited exception to the three-tier system. Amended by Act 2019, No. 315,§ 75, eff. 7/24/2019. Acts 1991, No. 611, § 1.

(a) The General Assembly reaffirms the policy of this state of strict enforcement of laws and rules applicable to the manufacture or sale of beer including, but not limited to, those establishing the three-tier distribution system with prohibitions against ownership and employment interests between the three (3) tiers, or the "three-tier system".

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

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

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

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

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

(d) It is the intent and purpose of this subchapter to authorize the legal operation of microbrewery-restaurants as herein provided as a limited exception to the three-tier system.

Amended by Act 2019, No. 315,§ 75, eff. 7/24/2019.

Acts 1991, No. 611, § 1.
Ark. Code Ann. § 3-5-1407 — AR Code / Title 3 / Chapter 5 / Subchapter 14 / Section 3-5-1407
Transportation
Status: in_force

(a) A small brewery may transport its beer, malt beverages, and hard cider along any highway, road, street, or other thoroughfare of travel. (b) A small brewery may ship its products out of the state by common carrier or other appropriate parcel delivery service, and common carriers and other appropriate parcel delivery services may accept beer, malt beverages, and hard cider from Arkansas small brewers for delivery outside the state. (c) A small brewery in this state may ship its products within the state by common carrier or other appropriate parcel delivery service, and common carriers and other appropriate parcel delivery services may accept beer, malt beverages, and hard cider from Arkansas small breweries for delivery within the state if the beer, malt beverages, and hard cider are only shipped to persons holding a wholesale permit to purchase, store, sell, or dispense beer, malt beverages, and hard cider. Amended by Act 2015, No. 857,§ 9, eff. 3/31/2015. Acts 2003, No. 1805, § 7.

(a) A small brewery may transport its beer, malt beverages, and hard cider along any highway, road, street, or other thoroughfare of travel.

(b) A small brewery may ship its products out of the state by common carrier or other appropriate parcel delivery service, and common carriers and other appropriate parcel delivery services may accept beer, malt beverages, and hard cider from Arkansas small brewers for delivery outside the state.

(c) A small brewery in this state may ship its products within the state by common carrier or other appropriate parcel delivery service, and common carriers and other appropriate parcel delivery services may accept beer, malt beverages, and hard cider from Arkansas small breweries for delivery within the state if the beer, malt beverages, and hard cider are only shipped to persons holding a wholesale permit to purchase, store, sell, or dispense beer, malt beverages, and hard cider.

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

Acts 2003, No. 1805, § 7.
Ark. Code Ann. § 3-4-202 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-202
City and county licenses and taxes
Status: in_force

(a) The Alcoholic Beverage Control Board in exercising its discretionary power shall give due regard to the ordinances and regulations of the counties and municipalities of this state. (b) All municipal corporations may license and tax the manufacture and sale of vinous (except wines), spirituous, or malt liquors by the permittees so authorized by the board. However, the municipal license fee shall not exceed an amount equal to one-half (½) of the license fee collected by the board for the State of Arkansas. (c) Nothing in this act shall be construed to prevent the county court from licensing the sale and manufacture of vinous (except wines), spirituous, or malt liquors by the permittees so authorized by the board, provided that the premises permitted are located outside the limits of a municipal corporation but within the county in which the county court is located. However, the license fee collected by the county court shall not exceed the amount equal to one-half (½) of the license fee collected by the board for the State of Arkansas. (d) No county license fee shall be collected from any permittee where the premises permitted are located within the limits of a municipal corporation. (e) No permittee shall be required to pay both a city and a county license fee for the same premises permitted by the board. (f) Nothing in this act shall be construed to prevent the prohibition of the manufacture and sale by means of local option elections as authorized by law. (g) (1) The city clerk or county clerk charged with the duty of collecting the license fee shall notify the board of the identity of retailers failing to comply with the provisions of this section. (2) The board shall then notify wholesale dealers to discontinue sales to the delinquent retailers. (3) When the license fee is paid, the appropriate clerk shall notify the board that the retailer has paid the fee. (4) The board shall notify wholesalers to resume sales to the retailers. (5) Any wholesaler who continues to sell to a retailer after notification from the board to discontinue the sales shall be subject, upon conviction, to a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (h) The provisions of this section shall apply only to applications for permits to dispense vinous (except wines), spirituous, or malt liquor filed with the board after July 4, 1983. Acts 1935, No. 108, Art. 3, § 1; 1937, No. 80, § 1; Pope's Dig., § 14106; Acts 1955, No. 360, § 1; 1983, No. 812, § 1; A.S.A. 1947, § 48-301.

(a) The Alcoholic Beverage Control Board in exercising its discretionary power shall give due regard to the ordinances and regulations of the counties and municipalities of this state.

(b) All municipal corporations may license and tax the manufacture and sale of vinous (except wines), spirituous, or malt liquors by the permittees so authorized by the board. However, the municipal license fee shall not exceed an amount equal to one-half (½) of the license fee collected by the board for the State of Arkansas.

(c) Nothing in this act shall be construed to prevent the county court from licensing the sale and manufacture of vinous (except wines), spirituous, or malt liquors by the permittees so authorized by the board, provided that the premises permitted are located outside the limits of a municipal corporation but within the county in which the county court is located. However, the license fee collected by the county court shall not exceed the amount equal to one-half (½) of the license fee collected by the board for the State of Arkansas.

(d) No county license fee shall be collected from any permittee where the premises permitted are located within the limits of a municipal corporation.

(e) No permittee shall be required to pay both a city and a county license fee for the same premises permitted by the board.

(f) Nothing in this act shall be construed to prevent the prohibition of the manufacture and sale by means of local option elections as authorized by law.

(g) (1) The city clerk or county clerk charged with the duty of collecting the license fee shall notify the board of the identity of retailers failing to comply with the provisions of this section. (2) The board shall then notify wholesale dealers to discontinue sales to the delinquent retailers. (3) When the license fee is paid, the appropriate clerk shall notify the board that the retailer has paid the fee. (4) The board shall notify wholesalers to resume sales to the retailers. (5) Any wholesaler who continues to sell to a retailer after notification from the board to discontinue the sales shall be subject, upon conviction, to a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).

(1) The city clerk or county clerk charged with the duty of collecting the license fee shall notify the board of the identity of retailers failing to comply with the provisions of this section.

(2) The board shall then notify wholesale dealers to discontinue sales to the delinquent retailers.

(3) When the license fee is paid, the appropriate clerk shall notify the board that the retailer has paid the fee.

(4) The board shall notify wholesalers to resume sales to the retailers.

(5) Any wholesaler who continues to sell to a retailer after notification from the board to discontinue the sales shall be subject, upon conviction, to a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).

(h) The provisions of this section shall apply only to applications for permits to dispense vinous (except wines), spirituous, or malt liquor filed with the board after July 4, 1983.

Acts 1935, No. 108, Art. 3, § 1; 1937, No. 80, § 1; Pope's Dig., § 14106; Acts 1955, No. 360, § 1; 1983, No. 812, § 1; A.S.A. 1947, § 48-301.
Ark. Code Ann. § 3-5-1413 — AR Code / Title 3 / Chapter 5 / Subchapter 14 / Section 3-5-1413
Rules
Status: in_force

The Director of the Alcoholic Beverage Control Board and the Secretary of the Department of Finance and Administration may adopt rules for the implementation of this subchapter. Amended by Act 2019, No. 910,§ 3325, eff. 7/1/2019. Acts 2003, No. 1805, § 13.

The Director of the Alcoholic Beverage Control Board and the Secretary of the Department of Finance and Administration may adopt rules for the implementation of this subchapter.

Amended by Act 2019, No. 910,§ 3325, eff. 7/1/2019.

Acts 2003, No. 1805, § 13.
Ark. Code Ann. § 3-1-104 — AR Code / Title 3 / Chapter 1 / Section 3-1-104
Industry member conduct - Donation of intoxicating liquor
Status: in_force

(a) As used in this section: (1) "Industry member" means any one (1) or more of the following: (A) A distiller, manufacturer, importer, producer, wholesaler, or distributor of intoxicating liquor that holds a valid and appropriate permit issued by the Alcoholic Beverage Control Division; (B) An agent of a distiller, manufacturer, importer, producer, wholesaler, or distributor of intoxicating liquor, including without limitation an employee, shareholder, owner, partner, corporate officer, or director; or (C) A business paid by a distiller, manufacturer, importer, producer, wholesaler, or distributor of intoxicating liquor to assist in targeting and promoting the sale of intoxicating liquor, including without limitation an advertising agency or marketing firm; and (2) "Retailer" means a person or business that: (A) Is devoted wholly or partially to the sale of intoxicating liquor at retail; and (B) Holds a valid retailer's permit issued by the division. (b) An industry member or retailer may donate intoxicating liquor for on-premises consumption at a function to a charitable or nonprofit organization that does not have a permit to dispense intoxicating liquors if the premises used by the nonprofit organization has a permit for on-premises consumption of alcoholic beverages issued by the Director of the Alcoholic Beverage Control Division, if a permit is required by applicable law. (c) An industry member may provide keg-tapping equipment and hook-up service to a charitable or nonprofit organization at a function. Added by Act 2013, No. 527,§ 1, eff. 8/16/2013.

(a) As used in this section: (1) "Industry member" means any one (1) or more of the following: (A) A distiller, manufacturer, importer, producer, wholesaler, or distributor of intoxicating liquor that holds a valid and appropriate permit issued by the Alcoholic Beverage Control Division; (B) An agent of a distiller, manufacturer, importer, producer, wholesaler, or distributor of intoxicating liquor, including without limitation an employee, shareholder, owner, partner, corporate officer, or director; or (C) A business paid by a distiller, manufacturer, importer, producer, wholesaler, or distributor of intoxicating liquor to assist in targeting and promoting the sale of intoxicating liquor, including without limitation an advertising agency or marketing firm; and (2) "Retailer" means a person or business that: (A) Is devoted wholly or partially to the sale of intoxicating liquor at retail; and (B) Holds a valid retailer's permit issued by the division.

(1) "Industry member" means any one (1) or more of the following: (A) A distiller, manufacturer, importer, producer, wholesaler, or distributor of intoxicating liquor that holds a valid and appropriate permit issued by the Alcoholic Beverage Control Division; (B) An agent of a distiller, manufacturer, importer, producer, wholesaler, or distributor of intoxicating liquor, including without limitation an employee, shareholder, owner, partner, corporate officer, or director; or (C) A business paid by a distiller, manufacturer, importer, producer, wholesaler, or distributor of intoxicating liquor to assist in targeting and promoting the sale of intoxicating liquor, including without limitation an advertising agency or marketing firm; and

(A) A distiller, manufacturer, importer, producer, wholesaler, or distributor of intoxicating liquor that holds a valid and appropriate permit issued by the Alcoholic Beverage Control Division;

(B) An agent of a distiller, manufacturer, importer, producer, wholesaler, or distributor of intoxicating liquor, including without limitation an employee, shareholder, owner, partner, corporate officer, or director; or

(C) A business paid by a distiller, manufacturer, importer, producer, wholesaler, or distributor of intoxicating liquor to assist in targeting and promoting the sale of intoxicating liquor, including without limitation an advertising agency or marketing firm; and

(2) "Retailer" means a person or business that: (A) Is devoted wholly or partially to the sale of intoxicating liquor at retail; and (B) Holds a valid retailer's permit issued by the division.

(A) Is devoted wholly or partially to the sale of intoxicating liquor at retail; and

(B) Holds a valid retailer's permit issued by the division.

(b) An industry member or retailer may donate intoxicating liquor for on-premises consumption at a function to a charitable or nonprofit organization that does not have a permit to dispense intoxicating liquors if the premises used by the nonprofit organization has a permit for on-premises consumption of alcoholic beverages issued by the Director of the Alcoholic Beverage Control Division, if a permit is required by applicable law.

(c) An industry member may provide keg-tapping equipment and hook-up service to a charitable or nonprofit organization at a function.

Added by Act 2013, No. 527,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 3-7-108 — AR Code / Title 3 / Chapter 7 / Subchapter 1 / Section 3-7-108
Disposition of funds
Status: in_force

All taxes, penalties, and costs collected by the Secretary of the Department of Finance and Administration under the provisions of §§ 3-7-101 - 3-7-104 and 3-7-106 - 3-7-110 shall be general revenues and shall be deposited into the State Treasury to the credit of the State Apportionment Fund. The Treasurer of State, on or before the fifth day of the month next following the month during which such funds shall have been received by him or her, shall allocate and transfer the funds to the various State Treasury funds in the proportions to each as provided by law, after first transferring to the General Revenue Fund Account of the State Apportionment Fund an amount equivalent to the cost of collection and other charges as also provided by law. Amended by Act 2019, No. 910,§ 3333, eff. 7/1/2019. Acts 1935, No. 109, § 9, as added by 1947, No. 108, § 2; A.S.A. 1947, § 48-407.

All taxes, penalties, and costs collected by the Secretary of the Department of Finance and Administration under the provisions of §§ 3-7-101 - 3-7-104 and 3-7-106 - 3-7-110 shall be general revenues and shall be deposited into the State Treasury to the credit of the State Apportionment Fund. The Treasurer of State, on or before the fifth day of the month next following the month during which such funds shall have been received by him or her, shall allocate and transfer the funds to the various State Treasury funds in the proportions to each as provided by law, after first transferring to the General Revenue Fund Account of the State Apportionment Fund an amount equivalent to the cost of collection and other charges as also provided by law.

Amended by Act 2019, No. 910,§ 3333, eff. 7/1/2019.

Acts 1935, No. 109, § 9, as added by 1947, No. 108, § 2; A.S.A. 1947, § 48-407.
Ark. Code Ann. § 3-4-806 — AR Code / Title 3 / Chapter 4 / Subchapter 8 / Section 3-4-806
Mitigation of fines or penalties
Status: in_force

The Alcoholic Beverage Control Board shall consider certification of a permittee in the responsible permittee program in mitigation of administrative penalties or fines for a permittee's or employee's violation of state laws and rules relating to the sale of alcoholic beverages. Amended by Act 2019, No. 315,§ 58, eff. 7/24/2019. Acts 1993, No. 173, § 6.

The Alcoholic Beverage Control Board shall consider certification of a permittee in the responsible permittee program in mitigation of administrative penalties or fines for a permittee's or employee's violation of state laws and rules relating to the sale of alcoholic beverages.

Amended by Act 2019, No. 315,§ 58, eff. 7/24/2019.

Acts 1993, No. 173, § 6.
Ark. Code Ann. § 3-8-101 — AR Code / Title 3 / Chapter 8 / Subchapter 1 / Section 3-8-101
When elections held
Status: in_force

Local option elections to determine the legality or illegality of the manufacture, sale, bartering, loaning, or giving away of intoxicating liquors shall be held only on the regular biennial November general election days. Acts 1955, No. 15, § 1; A.S.A. 1947, § 48-824.

Local option elections to determine the legality or illegality of the manufacture, sale, bartering, loaning, or giving away of intoxicating liquors shall be held only on the regular biennial November general election days.

Acts 1955, No. 15, § 1; A.S.A. 1947, § 48-824.
Ark. Code Ann. § 3-5-703 — AR Code / Title 3 / Chapter 5 / Subchapter 7 / Section 3-5-703
Powers and duties
Status: in_force

(a) The Arkansas Wine Producers Council shall have the authority and responsibility to promote research concerning the production of wine grapes and the manufacture of wine in Arkansas and to take any other action it deems necessary or appropriate to promote and support the Arkansas native wine industry. (b) The council shall have the exclusive authority to expend any and all funds deposited into the Arkansas Wine Producers Council Fund in the State Treasury for promoting research concerning the production of wine grapes and the manufacture of wine in Arkansas and for promoting the Arkansas native wine industry through the State Parks, Recreation, and Travel Commission. (c) The council shall consider proposals for research projects submitted by university research institutions relating to the production of wine grapes and the manufacture of wine in Arkansas and proposals which promote the Arkansas native wine industry and tourism related to the industry submitted by the commission. (d) Upon approval by a majority vote of the council of a proposal for research by a university research institution or for promotion or tourism by the commission, the council shall direct the Chief Fiscal Officer of the State to transfer on the Department of Finance and Administration books, and shall cause to be transferred on the books of the Treasurer of State and the Auditor of State, such amounts as determined by the council from the Arkansas Wine Producers Council Fund to the Department of Commerce Fund Account and to the operating fund or fund accounts of approved research institutions. Use of these funds may be applied as prescribed in this section in the various states of the United States and foreign countries. Amended by Act 2019, No. 910,§ 127, eff. 7/1/2019. Acts 1983, No. 912, § 3; A.S.A. 1947, § 48-651.

(a) The Arkansas Wine Producers Council shall have the authority and responsibility to promote research concerning the production of wine grapes and the manufacture of wine in Arkansas and to take any other action it deems necessary or appropriate to promote and support the Arkansas native wine industry.

(b) The council shall have the exclusive authority to expend any and all funds deposited into the Arkansas Wine Producers Council Fund in the State Treasury for promoting research concerning the production of wine grapes and the manufacture of wine in Arkansas and for promoting the Arkansas native wine industry through the State Parks, Recreation, and Travel Commission.

(c) The council shall consider proposals for research projects submitted by university research institutions relating to the production of wine grapes and the manufacture of wine in Arkansas and proposals which promote the Arkansas native wine industry and tourism related to the industry submitted by the commission.

(d) Upon approval by a majority vote of the council of a proposal for research by a university research institution or for promotion or tourism by the commission, the council shall direct the Chief Fiscal Officer of the State to transfer on the Department of Finance and Administration books, and shall cause to be transferred on the books of the Treasurer of State and the Auditor of State, such amounts as determined by the council from the Arkansas Wine Producers Council Fund to the Department of Commerce Fund Account and to the operating fund or fund accounts of approved research institutions. Use of these funds may be applied as prescribed in this section in the various states of the United States and foreign countries.

Amended by Act 2019, No. 910,§ 127, eff. 7/1/2019.

Acts 1983, No. 912, § 3; A.S.A. 1947, § 48-651.
Ark. Code Ann. § 3-4-220 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-220
Duplicate permits
Status: in_force

Whenever a permit shall be lost or destroyed without fault on the part of the permittee or his or her agents or employees, a duplicate permit in lieu thereof may be issued by the Director of the Alcoholic Beverage Control Division in his or her discretion and in accordance with its rules, on payment of a fee of five dollars ($5.00). Amended by Act 2019, No. 315,§ 47, eff. 7/24/2019. Acts 1935, No. 108, Art. 3, § 20; Pope's Dig., § 14125; A.S.A. 1947, § 48-320.

Whenever a permit shall be lost or destroyed without fault on the part of the permittee or his or her agents or employees, a duplicate permit in lieu thereof may be issued by the Director of the Alcoholic Beverage Control Division in his or her discretion and in accordance with its rules, on payment of a fee of five dollars ($5.00).

Amended by Act 2019, No. 315,§ 47, eff. 7/24/2019.

Acts 1935, No. 108, Art. 3, § 20; Pope's Dig., § 14125; A.S.A. 1947, § 48-320.
Ark. Code Ann. § 3-4-1002 — AR Code / Title 3 / Chapter 4 / Subchapter 10 / Section 3-4-1002
Rules
Status: in_force

The Alcoholic Beverage Control Division may adopt rules to carry out this subchapter, to establish appropriate application forms, permit forms, and procedures, and to do all other things necessary to implement this subchapter. Acts 2009, No. 294, § 11.

The Alcoholic Beverage Control Division may adopt rules to carry out this subchapter, to establish appropriate application forms, permit forms, and procedures, and to do all other things necessary to implement this subchapter.

Acts 2009, No. 294, § 11.
Ark. Code Ann. § 3-3-302 — AR Code / Title 3 / Chapter 3 / Subchapter 3 / Section 3-3-302
Penalties
Status: in_force

(a) Unless a different penalty is specifically provided, any person who shall violate any of the provisions of this subchapter shall be guilty of a Class A misdemeanor. (b) In addition to all other fines and penalties herein provided, the Director of the Alcoholic Beverage Control Division shall revoke all alcoholic beverage permits held by any person convicted for a violation of this subchapter. Acts 1947, No. 423, §§ 13, 14; A.S.A. 1947, §§ 48-932, 48-933; Acts 2005, No. 1994, § 211.

(a) Unless a different penalty is specifically provided, any person who shall violate any of the provisions of this subchapter shall be guilty of a Class A misdemeanor.

(b) In addition to all other fines and penalties herein provided, the Director of the Alcoholic Beverage Control Division shall revoke all alcoholic beverage permits held by any person convicted for a violation of this subchapter.

Acts 1947, No. 423, §§ 13, 14; A.S.A. 1947, §§ 48-932, 48-933; Acts 2005, No. 1994, § 211.
Ark. Code Ann. § 3-9-207 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-207
Referendum elections - Effect
Status: in_force

(a) In the event a majority of those voting in a referendum election under this subchapter shall vote for on-premises consumption, then permits may be issued by the Alcoholic Beverage Control Board to eligible hotels and to restaurants located in other than dry areas of the city or county and which otherwise comply with the provisions of this subchapter. (b) In the event a majority of those voting in a referendum election under this subchapter shall vote against on-premises consumption, an election shall not be held again on the issue in the same voting district for a period of one (1) year. However, an adverse vote in a countywide election shall not prohibit the calling of an election in a city in such county, nor shall an adverse vote in a city election prohibit the calling of an election in the county. (c) Successive referendum elections may be held in the same city or county to reverse the result of a previous election. However, there shall be a period of not less than one (1) year between each such election. (d) After a referendum election has initially been held, subsequent elections in the same city or county shall be held at the regular biennial November general election. Acts 1969, No. 132, § 4; A.S.A. 1947, § 48-1404.

(a) In the event a majority of those voting in a referendum election under this subchapter shall vote for on-premises consumption, then permits may be issued by the Alcoholic Beverage Control Board to eligible hotels and to restaurants located in other than dry areas of the city or county and which otherwise comply with the provisions of this subchapter.

(b) In the event a majority of those voting in a referendum election under this subchapter shall vote against on-premises consumption, an election shall not be held again on the issue in the same voting district for a period of one (1) year. However, an adverse vote in a countywide election shall not prohibit the calling of an election in a city in such county, nor shall an adverse vote in a city election prohibit the calling of an election in the county.

(c) Successive referendum elections may be held in the same city or county to reverse the result of a previous election. However, there shall be a period of not less than one (1) year between each such election.

(d) After a referendum election has initially been held, subsequent elections in the same city or county shall be held at the regular biennial November general election.

Acts 1969, No. 132, § 4; A.S.A. 1947, § 48-1404.
Ark. Code Ann. § 3-8-201 — AR Code / Title 3 / Chapter 8 / Subchapter 2 / Section 3-8-201
Definition
Status: in_force

As used in this subchapter, unless the context otherwise requires, "intoxicating liquor" includes any beverage containing more than one-half of one percent (0.5%) of alcohol by weight. Init. Meas. 1942, No. 1, § 2, Acts 1943, p. 998; A.S.A. 1947, § 48-802.

As used in this subchapter, unless the context otherwise requires, "intoxicating liquor" includes any beverage containing more than one-half of one percent (0.5%) of alcohol by weight.

Init. Meas. 1942, No. 1, § 2, Acts 1943, p. 998; A.S.A. 1947, § 48-802.
Ark. Code Ann. § 3-4-803 — AR Code / Title 3 / Chapter 4 / Subchapter 8 / Section 3-4-803
Responsible permittee program
Status: in_force

(a) (1) The Alcoholic Beverage Control Board shall oversee a server training program designed to encourage permittees and their employees to treat the sale and service of alcoholic beverages in a responsible manner. (2) To that end, the board shall adopt rules which shall implement the intent of this subchapter. (b) The program shall be entitled "the responsible permittee program". Amended by Act 2019, No. 315,§ 57, eff. 7/24/2019. Acts 1993, No. 173, § 3.

(a) (1) The Alcoholic Beverage Control Board shall oversee a server training program designed to encourage permittees and their employees to treat the sale and service of alcoholic beverages in a responsible manner. (2) To that end, the board shall adopt rules which shall implement the intent of this subchapter.

(1) The Alcoholic Beverage Control Board shall oversee a server training program designed to encourage permittees and their employees to treat the sale and service of alcoholic beverages in a responsible manner.

(2) To that end, the board shall adopt rules which shall implement the intent of this subchapter.

(b) The program shall be entitled "the responsible permittee program".

Amended by Act 2019, No. 315,§ 57, eff. 7/24/2019.

Acts 1993, No. 173, § 3.
Ark. Code Ann. § 3-8-302 — AR Code / Title 3 / Chapter 8 / Subchapter 3 / Section 3-8-302
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1432,§ 3, eff. 8/16/2013. Acts 1935, No. 108, Art. 7, § 1; Pope's Dig., § 14147; A.S.A. 1947, § 48-807.

Repealed by Act 2013, No. 1432,§ 3, eff. 8/16/2013.

Acts 1935, No. 108, Art. 7, § 1; Pope's Dig., § 14147; A.S.A. 1947, § 48-807.
Ark. Code Ann. § 3-4-209 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-209
Applications - Contents
Status: in_force

In addition to such other information as the Director of the Alcoholic Beverage Control Division may determine shall be furnished in any application for permits under this act, the following information shall be given under oath: (1) The name, age, and residence of each applicant and, if there are more than one (1) and they are partners, the partnership name and residence of the several persons so applying and the facts as to his or her or their citizenship; (2) The name and residence of each person interested, or to become interested, in the business of any permittee for which the application is made, together with the nature of the interests. If the applicant is a corporation, the application shall set forth the name of the corporation, the names of its directors or other governing body, the name of its president, and the state under the laws of which it is organized; (3) That the premises to be permitted is identified by stating the street and number, if the premises has a street and number, and otherwise such apt description as will reasonably indicate the locality. The applicant shall also state the name of any other person, either as principal or associate, interested with the applicant either in the premises or in the business to be permitted; and (4) A statement that the applicant has not been convicted of a felony and has not had a permit issued to him, her, or them under this act revoked for cause within five (5) years preceding the date of application. Amended by Act 2013, No. 325,§ 2, eff. 8/16/2013. Acts 1935, No. 108, Art. 3, § 7; Pope's Dig., § 14111; Acts 1945, No. 239, § 1; 1967, No. 239, § 1; 1973, No. 189, § 1; A.S.A. 1947, § 48-311; Acts 1991, No. 606, § 2.

In addition to such other information as the Director of the Alcoholic Beverage Control Division may determine shall be furnished in any application for permits under this act, the following information shall be given under oath:

(1) The name, age, and residence of each applicant and, if there are more than one (1) and they are partners, the partnership name and residence of the several persons so applying and the facts as to his or her or their citizenship;

(2) The name and residence of each person interested, or to become interested, in the business of any permittee for which the application is made, together with the nature of the interests. If the applicant is a corporation, the application shall set forth the name of the corporation, the names of its directors or other governing body, the name of its president, and the state under the laws of which it is organized;

(3) That the premises to be permitted is identified by stating the street and number, if the premises has a street and number, and otherwise such apt description as will reasonably indicate the locality. The applicant shall also state the name of any other person, either as principal or associate, interested with the applicant either in the premises or in the business to be permitted; and

(4) A statement that the applicant has not been convicted of a felony and has not had a permit issued to him, her, or them under this act revoked for cause within five (5) years preceding the date of application.

Amended by Act 2013, No. 325,§ 2, eff. 8/16/2013.

Acts 1935, No. 108, Art. 3, § 7; Pope's Dig., § 14111; Acts 1945, No. 239, § 1; 1967, No. 239, § 1; 1973, No. 189, § 1; A.S.A. 1947, § 48-311; Acts 1991, No. 606, § 2.
Ark. Code Ann. § 3-4-223 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-223
Diversity in ownership and financial interest
Status: in_force

When issuing a permit under Title 3 of the Arkansas Code, the Alcoholic Beverage Control Division shall consider lack of diversity in ownership and financial interest in the geographic area at issue in the permit application. Acts 2005, No. 2323, § 1.

When issuing a permit under Title 3 of the Arkansas Code, the Alcoholic Beverage Control Division shall consider lack of diversity in ownership and financial interest in the geographic area at issue in the permit application.

Acts 2005, No. 2323, § 1.
Ark. Code Ann. § 3-5-1108 — AR Code / Title 3 / Chapter 5 / Subchapter 11 / Section 3-5-1108
Compensation upon supplier's violation - Arbitration
Status: in_force

(a) Except as provided for in this subchapter, a supplier that has amended, modified, cancelled, terminated, or refused to renew any agreement; or caused a wholesaler to resign from an agreement; or has interfered with, prevented, or unreasonably delayed, or, where required by this subchapter, has withheld or unreasonably delayed consent to or approval of, any assignment or transfer of a wholesaler's business, shall pay the wholesaler reasonable compensation for the diminished value of the wholesaler's business including any ancillary business which has been negatively affected by the act of the supplier. The value of the wholesaler's business or ancillary business shall include, but not be limited to, its good will. Provided, however, nothing contained in this subchapter shall give rise to a claim against the supplier or wholesaler by any proposed purchaser of a wholesaler's business. (b) (1) (A) Should either party, at any time, determine that mutual agreement on the amount of reasonable compensation cannot be reached, the supplier or the wholesaler may send by certifed mail, return receipt requested, written notice to the other party declaring its intention to proceed with arbitration. (B) Arbitration shall proceed only by mutual agreement of both parties. (2) (A) Not more than ten (10) business days after the notice to enter into arbitration has been delivered, the other party shall send written notice to the requesting party declaring its intention either to proceed or not to proceed with arbitration. (B) Should the other party fail to respond within ten (10) business days, it shall be conclusively presumed that said party shall have agreed to arbitration. (3) The matter of determining the amount of compensation may, by agreement of the parties, be submitted to a three-member arbitration panel consisting of one (1) representative selected by the supplier but unassociated with the affected supplier, one (1) wholesaler representative selected by the wholesaler but unassociated with the wholesaler; and an impartial arbitrator. (4) (A) (i) Not more than ten (10) business days after mutual agreement of both parties has been reached to arbitrate, each party shall designate, in writing, its one (1) arbitrator representative, and the party initiating arbitration shall request, in writing, a list of five (5) arbitrators from the American Arbitration Association or its successor and request that the list be mailed to each party by certified mail, return receipt requested. (ii) Not more than ten (10) business days after the receipt of the list of five (5) choices, the wholesaler arbitrator and the supplier arbitrator shall strike and disqualify up to two (2) names each from the list. (B) Should either party fail to respond within the ten (10) business days or should more than one (1) name remain after the strikes, the American Arbitration Association shall make the selection of the impartial arbitrator from the names not stricken from the list. (5) (A) Not more than thirty (30) days after the final selection of the arbitration panel is made, the arbitration panel shall convene to decide the dispute. (B) The panel shall conclude the arbitration within twenty (20) days after the arbitration panel convenes and shall render a decision by majority vote of the arbitrators within twenty (20) days from the conclusion of the arbitration. (C) The award of the arbitration panel shall be final and binding on the parties as to the amount of compensation for the diminished value. (6) The cost of the impartial arbitrator, the stenographer, and the meeting site shall be equally divided between the wholesaler and the supplier. All other costs shall be paid by the party incurring them. (7) (A) (i) After both parties have agreed to arbitrate, should either party, except by mutual agreement, fail to abide by the time limitations as prescribed in subdivisions (b)(2), (4), and (5) of this section, or fail or refuse to make the selection of any arbitrators, or fail to participate in the arbitration hearings, the other party shall make the selection of its arbitrators and proceed to arbitration. (ii) The party who has failed or refused to comply as prescribed in this section shall be considered to be in default. (B) Any party considered to be in default pursuant to this subsection shall have waived any and all rights the party would have had in the arbitration and shall be considered to have consented to the determination of the arbitration panel. Acts 1991, No. 8, § 7; 1991, No. 866, § 7.

(a) Except as provided for in this subchapter, a supplier that has amended, modified, cancelled, terminated, or refused to renew any agreement; or caused a wholesaler to resign from an agreement; or has interfered with, prevented, or unreasonably delayed, or, where required by this subchapter, has withheld or unreasonably delayed consent to or approval of, any assignment or transfer of a wholesaler's business, shall pay the wholesaler reasonable compensation for the diminished value of the wholesaler's business including any ancillary business which has been negatively affected by the act of the supplier. The value of the wholesaler's business or ancillary business shall include, but not be limited to, its good will. Provided, however, nothing contained in this subchapter shall give rise to a claim against the supplier or wholesaler by any proposed purchaser of a wholesaler's business.

(b) (1) (A) Should either party, at any time, determine that mutual agreement on the amount of reasonable compensation cannot be reached, the supplier or the wholesaler may send by certifed mail, return receipt requested, written notice to the other party declaring its intention to proceed with arbitration. (B) Arbitration shall proceed only by mutual agreement of both parties. (2) (A) Not more than ten (10) business days after the notice to enter into arbitration has been delivered, the other party shall send written notice to the requesting party declaring its intention either to proceed or not to proceed with arbitration. (B) Should the other party fail to respond within ten (10) business days, it shall be conclusively presumed that said party shall have agreed to arbitration. (3) The matter of determining the amount of compensation may, by agreement of the parties, be submitted to a three-member arbitration panel consisting of one (1) representative selected by the supplier but unassociated with the affected supplier, one (1) wholesaler representative selected by the wholesaler but unassociated with the wholesaler; and an impartial arbitrator. (4) (A) (i) Not more than ten (10) business days after mutual agreement of both parties has been reached to arbitrate, each party shall designate, in writing, its one (1) arbitrator representative, and the party initiating arbitration shall request, in writing, a list of five (5) arbitrators from the American Arbitration Association or its successor and request that the list be mailed to each party by certified mail, return receipt requested. (ii) Not more than ten (10) business days after the receipt of the list of five (5) choices, the wholesaler arbitrator and the supplier arbitrator shall strike and disqualify up to two (2) names each from the list. (B) Should either party fail to respond within the ten (10) business days or should more than one (1) name remain after the strikes, the American Arbitration Association shall make the selection of the impartial arbitrator from the names not stricken from the list. (5) (A) Not more than thirty (30) days after the final selection of the arbitration panel is made, the arbitration panel shall convene to decide the dispute. (B) The panel shall conclude the arbitration within twenty (20) days after the arbitration panel convenes and shall render a decision by majority vote of the arbitrators within twenty (20) days from the conclusion of the arbitration. (C) The award of the arbitration panel shall be final and binding on the parties as to the amount of compensation for the diminished value. (6) The cost of the impartial arbitrator, the stenographer, and the meeting site shall be equally divided between the wholesaler and the supplier. All other costs shall be paid by the party incurring them. (7) (A) (i) After both parties have agreed to arbitrate, should either party, except by mutual agreement, fail to abide by the time limitations as prescribed in subdivisions (b)(2), (4), and (5) of this section, or fail or refuse to make the selection of any arbitrators, or fail to participate in the arbitration hearings, the other party shall make the selection of its arbitrators and proceed to arbitration. (ii) The party who has failed or refused to comply as prescribed in this section shall be considered to be in default. (B) Any party considered to be in default pursuant to this subsection shall have waived any and all rights the party would have had in the arbitration and shall be considered to have consented to the determination of the arbitration panel.

(1) (A) Should either party, at any time, determine that mutual agreement on the amount of reasonable compensation cannot be reached, the supplier or the wholesaler may send by certifed mail, return receipt requested, written notice to the other party declaring its intention to proceed with arbitration. (B) Arbitration shall proceed only by mutual agreement of both parties.

(A) Should either party, at any time, determine that mutual agreement on the amount of reasonable compensation cannot be reached, the supplier or the wholesaler may send by certifed mail, return receipt requested, written notice to the other party declaring its intention to proceed with arbitration.

(B) Arbitration shall proceed only by mutual agreement of both parties.

(2) (A) Not more than ten (10) business days after the notice to enter into arbitration has been delivered, the other party shall send written notice to the requesting party declaring its intention either to proceed or not to proceed with arbitration. (B) Should the other party fail to respond within ten (10) business days, it shall be conclusively presumed that said party shall have agreed to arbitration.

(A) Not more than ten (10) business days after the notice to enter into arbitration has been delivered, the other party shall send written notice to the requesting party declaring its intention either to proceed or not to proceed with arbitration.

(B) Should the other party fail to respond within ten (10) business days, it shall be conclusively presumed that said party shall have agreed to arbitration.

(3) The matter of determining the amount of compensation may, by agreement of the parties, be submitted to a three-member arbitration panel consisting of one (1) representative selected by the supplier but unassociated with the affected supplier, one (1) wholesaler representative selected by the wholesaler but unassociated with the wholesaler; and an impartial arbitrator.

(4) (A) (i) Not more than ten (10) business days after mutual agreement of both parties has been reached to arbitrate, each party shall designate, in writing, its one (1) arbitrator representative, and the party initiating arbitration shall request, in writing, a list of five (5) arbitrators from the American Arbitration Association or its successor and request that the list be mailed to each party by certified mail, return receipt requested. (ii) Not more than ten (10) business days after the receipt of the list of five (5) choices, the wholesaler arbitrator and the supplier arbitrator shall strike and disqualify up to two (2) names each from the list. (B) Should either party fail to respond within the ten (10) business days or should more than one (1) name remain after the strikes, the American Arbitration Association shall make the selection of the impartial arbitrator from the names not stricken from the list.

(A) (i) Not more than ten (10) business days after mutual agreement of both parties has been reached to arbitrate, each party shall designate, in writing, its one (1) arbitrator representative, and the party initiating arbitration shall request, in writing, a list of five (5) arbitrators from the American Arbitration Association or its successor and request that the list be mailed to each party by certified mail, return receipt requested. (ii) Not more than ten (10) business days after the receipt of the list of five (5) choices, the wholesaler arbitrator and the supplier arbitrator shall strike and disqualify up to two (2) names each from the list.

(i) Not more than ten (10) business days after mutual agreement of both parties has been reached to arbitrate, each party shall designate, in writing, its one (1) arbitrator representative, and the party initiating arbitration shall request, in writing, a list of five (5) arbitrators from the American Arbitration Association or its successor and request that the list be mailed to each party by certified mail, return receipt requested.

(ii) Not more than ten (10) business days after the receipt of the list of five (5) choices, the wholesaler arbitrator and the supplier arbitrator shall strike and disqualify up to two (2) names each from the list.

(B) Should either party fail to respond within the ten (10) business days or should more than one (1) name remain after the strikes, the American Arbitration Association shall make the selection of the impartial arbitrator from the names not stricken from the list.

(5) (A) Not more than thirty (30) days after the final selection of the arbitration panel is made, the arbitration panel shall convene to decide the dispute. (B) The panel shall conclude the arbitration within twenty (20) days after the arbitration panel convenes and shall render a decision by majority vote of the arbitrators within twenty (20) days from the conclusion of the arbitration. (C) The award of the arbitration panel shall be final and binding on the parties as to the amount of compensation for the diminished value.

(A) Not more than thirty (30) days after the final selection of the arbitration panel is made, the arbitration panel shall convene to decide the dispute.

(B) The panel shall conclude the arbitration within twenty (20) days after the arbitration panel convenes and shall render a decision by majority vote of the arbitrators within twenty (20) days from the conclusion of the arbitration.

(C) The award of the arbitration panel shall be final and binding on the parties as to the amount of compensation for the diminished value.

(6) The cost of the impartial arbitrator, the stenographer, and the meeting site shall be equally divided between the wholesaler and the supplier. All other costs shall be paid by the party incurring them.

(7) (A) (i) After both parties have agreed to arbitrate, should either party, except by mutual agreement, fail to abide by the time limitations as prescribed in subdivisions (b)(2), (4), and (5) of this section, or fail or refuse to make the selection of any arbitrators, or fail to participate in the arbitration hearings, the other party shall make the selection of its arbitrators and proceed to arbitration. (ii) The party who has failed or refused to comply as prescribed in this section shall be considered to be in default. (B) Any party considered to be in default pursuant to this subsection shall have waived any and all rights the party would have had in the arbitration and shall be considered to have consented to the determination of the arbitration panel.

(A) (i) After both parties have agreed to arbitrate, should either party, except by mutual agreement, fail to abide by the time limitations as prescribed in subdivisions (b)(2), (4), and (5) of this section, or fail or refuse to make the selection of any arbitrators, or fail to participate in the arbitration hearings, the other party shall make the selection of its arbitrators and proceed to arbitration. (ii) The party who has failed or refused to comply as prescribed in this section shall be considered to be in default.

(i) After both parties have agreed to arbitrate, should either party, except by mutual agreement, fail to abide by the time limitations as prescribed in subdivisions (b)(2), (4), and (5) of this section, or fail or refuse to make the selection of any arbitrators, or fail to participate in the arbitration hearings, the other party shall make the selection of its arbitrators and proceed to arbitration.

(ii) The party who has failed or refused to comply as prescribed in this section shall be considered to be in default.

(B) Any party considered to be in default pursuant to this subsection shall have waived any and all rights the party would have had in the arbitration and shall be considered to have consented to the determination of the arbitration panel.

Acts 1991, No. 8, § 7; 1991, No. 866, § 7.
Ark. Code Ann. § 3-5-905 — AR Code / Title 3 / Chapter 5 / Subchapter 9 / Section 3-5-905
Applications
Status: in_force

Any winery in this state that produces wine from grapes, fruits, berries, or vegetables grown in this state and complies with the provisions of § 3-5-904 , that desires to receive the grants authorized in this subchapter with respect to the purchase of such products or with respect to such products produced in vineyards or of other growing facilities in this state belonging to the winery, may make application for grant payments under this subchapter upon forms and in accordance with the rules promulgated by the Secretary of the Department of Finance and Administration. Amended by Act 2019, No. 315,§ 73, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3320, eff. 7/1/2019. Acts 1985, No. 681, § 2; A.S.A. 1947, § 48-653.

Any winery in this state that produces wine from grapes, fruits, berries, or vegetables grown in this state and complies with the provisions of § 3-5-904 , that desires to receive the grants authorized in this subchapter with respect to the purchase of such products or with respect to such products produced in vineyards or of other growing facilities in this state belonging to the winery, may make application for grant payments under this subchapter upon forms and in accordance with the rules promulgated by the Secretary of the Department of Finance and Administration.

Amended by Act 2019, No. 315,§ 73, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3320, eff. 7/1/2019.

Acts 1985, No. 681, § 2; A.S.A. 1947, § 48-653.
Ark. Code Ann. § 3-5-307 — AR Code / Title 3 / Chapter 5 / Subchapter 3 / Section 3-5-307
Prohibited practices
Status: in_force

No holder of a license authorizing the sale of beer for consumption on the premises where sold or any servant, agent, or employee of the licensee shall do any of the following upon the licensed premises: (1) Knowingly sell beer or wine to a minor; (2) Knowingly sell beer or wine to any person while the person is in an intoxicated condition; (3) Sell beer or wine upon the licensed premises or permit beer to be consumed thereon, on any day or at any time when the sale or consumption is prohibited by law; (4) Permit any prostitute to frequent the licensed premises; (5) (A) Permit gambling or games of chance upon the licensed premises. (B) Permitting gambling or games of chance under subdivision (5)(A) of this section does not include: (i) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; or (ii) A lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.; (6) Permit on the licensed premises any disorderly conduct, breach of the peace, or any lewd, immoral, or improper entertainment, conduct, or practices; (7) Sell, offer for sale, or permit the sale on the licensed premises of any kind of alcoholic liquors, except wine and beer; or (8) Permit the consumption on the licensed premises of wine or any other kind of alcoholic liquor, except beer. Acts 1943, No. 244, § 2; 1945, No. 119, § 1; A.S.A. 1947, § 48-529; Acts 2009, No. 605, § 11; 2009, No. 606, § 11.

No holder of a license authorizing the sale of beer for consumption on the premises where sold or any servant, agent, or employee of the licensee shall do any of the following upon the licensed premises:

(1) Knowingly sell beer or wine to a minor;

(2) Knowingly sell beer or wine to any person while the person is in an intoxicated condition;

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

(4) Permit any prostitute to frequent the licensed premises;

(5) (A) Permit gambling or games of chance upon the licensed premises. (B) Permitting gambling or games of chance under subdivision (5)(A) of this section does not include: (i) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; or (ii) A lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.;

(A) Permit gambling or games of chance upon the licensed premises.

(B) Permitting gambling or games of chance under subdivision (5)(A) of this section does not include: (i) Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; or (ii) A lottery under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.;

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

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

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

(7) Sell, offer for sale, or permit the sale on the licensed premises of any kind of alcoholic liquors, except wine and beer; or

(8) Permit the consumption on the licensed premises of wine or any other kind of alcoholic liquor, except beer.

Acts 1943, No. 244, § 2; 1945, No. 119, § 1; A.S.A. 1947, § 48-529; Acts 2009, No. 605, § 11; 2009, No. 606, § 11.
Ark. Code Ann. § 3-2-412 — AR Code / Title 3 / Chapter 2 / Subchapter 4 / Section 3-2-412
Dual distributorship prohibited - Definition
Status: in_force

(a) (1) The creation of a dual distributorship is prohibited. (2) An unlawful dual distributorship is created whenever any manufacturer designates as its distributor more than one (1) Arkansas liquor wholesaler in the state or wholesale beer permit holder to distribute the same brand of alcoholic beverage in the same geographical territory, whether a city, a county, counties, or the state. (b) In addition to any remedies to any aggrieved party authorized by law, the Director of the Alcoholic Beverage Control Division may withdraw approval of any and all brands registered by any manufacturer found to be in violation of this subchapter, such findings to be made after a hearing pursuant to hearing procedures established for the Alcoholic Beverage Control Division by state law and administrative rules. (c) (1) For the purposes of this subchapter, a "brand" means the same product or substantially the same product as evidenced by the product label that must be filed with the division. (2) Identical or substantially identical labels will be considered and treated as the same brand. Amended by Act 2019, No. 315,§ 42, eff. 7/24/2019. Acts 1991, No. 260, § 9.

(a) (1) The creation of a dual distributorship is prohibited. (2) An unlawful dual distributorship is created whenever any manufacturer designates as its distributor more than one (1) Arkansas liquor wholesaler in the state or wholesale beer permit holder to distribute the same brand of alcoholic beverage in the same geographical territory, whether a city, a county, counties, or the state.

(1) The creation of a dual distributorship is prohibited.

(2) An unlawful dual distributorship is created whenever any manufacturer designates as its distributor more than one (1) Arkansas liquor wholesaler in the state or wholesale beer permit holder to distribute the same brand of alcoholic beverage in the same geographical territory, whether a city, a county, counties, or the state.

(b) In addition to any remedies to any aggrieved party authorized by law, the Director of the Alcoholic Beverage Control Division may withdraw approval of any and all brands registered by any manufacturer found to be in violation of this subchapter, such findings to be made after a hearing pursuant to hearing procedures established for the Alcoholic Beverage Control Division by state law and administrative rules.

(c) (1) For the purposes of this subchapter, a "brand" means the same product or substantially the same product as evidenced by the product label that must be filed with the division. (2) Identical or substantially identical labels will be considered and treated as the same brand.

(1) For the purposes of this subchapter, a "brand" means the same product or substantially the same product as evidenced by the product label that must be filed with the division.

(2) Identical or substantially identical labels will be considered and treated as the same brand.

Amended by Act 2019, No. 315,§ 42, eff. 7/24/2019.

Acts 1991, No. 260, § 9.
Ark. Code Ann. § 3-9-234 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-234
Failure to pay renewal fees or taxes
Status: in_force

(a) If any permittee shall fail to remit any fee levied in this subchapter for the annual renewal of a permit within the time provided in § 3-9-223 , the permit shall be revoked. (b) If any permittee shall fail to remit the supplemental tax upon gross receipts within the time provided in § 3-9-223 , a penalty of twenty-five percent (25%) shall be due and payable. If such taxes plus penalty are not paid within thirty (30) days from the due date, the Director of the Alcoholic Beverage Control Division shall revoke the permit of the permittee, and the Secretary of the Department of Finance and Administration shall seek recovery of the amount of such taxes and penalties due from the permittee. Amended by Act 2019, No. 910,§ 3354, eff. 7/1/2019. Acts 1969, No. 132, § 11; A.S.A. 1947, § 48-1411; Acts 1999, No. 910, § 2.

(a) If any permittee shall fail to remit any fee levied in this subchapter for the annual renewal of a permit within the time provided in § 3-9-223 , the permit shall be revoked.

(b) If any permittee shall fail to remit the supplemental tax upon gross receipts within the time provided in § 3-9-223 , a penalty of twenty-five percent (25%) shall be due and payable. If such taxes plus penalty are not paid within thirty (30) days from the due date, the Director of the Alcoholic Beverage Control Division shall revoke the permit of the permittee, and the Secretary of the Department of Finance and Administration shall seek recovery of the amount of such taxes and penalties due from the permittee.

Amended by Act 2019, No. 910,§ 3354, eff. 7/1/2019.

Acts 1969, No. 132, § 11; A.S.A. 1947, § 48-1411; Acts 1999, No. 910, § 2.
Ark. Code Ann. § 3-5-1604 — AR Code / Title 3 / Chapter 5 / Subchapter 16 / Section 3-5-1604
Existing native winery licenses
Status: in_force

(a) A person that holds a license as a native winery issued under this chapter before March 29, 2007, may conduct business as a small farm winery until the native wine license expires. (b) Upon the expiration of a native wine license issued under this chapter before March 29, 2007, the Alcoholic Beverage Control Board may issue a small farm winery license as part of the renewal process if the winery: (1) Meets the criteria under § 3-5-1602(c)(1) ; (2) Is in good standing; and (3) Submits the winery's federal basic permit and proof of annual wine production to the board. Acts 2007, No. 668, § 1.

(a) A person that holds a license as a native winery issued under this chapter before March 29, 2007, may conduct business as a small farm winery until the native wine license expires.

(b) Upon the expiration of a native wine license issued under this chapter before March 29, 2007, the Alcoholic Beverage Control Board may issue a small farm winery license as part of the renewal process if the winery: (1) Meets the criteria under § 3-5-1602(c)(1) ; (2) Is in good standing; and (3) Submits the winery's federal basic permit and proof of annual wine production to the board.

(1) Meets the criteria under § 3-5-1602(c)(1) ;

(2) Is in good standing; and

(3) Submits the winery's federal basic permit and proof of annual wine production to the board.

Acts 2007, No. 668, § 1.
Ark. Code Ann. § 3-4-109 — AR Code / Title 3 / Chapter 4 / Subchapter 1 / Section 3-4-109
Expansion of outdoor dining at restaurants and bars - Definitions
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, a restaurant or bar with a valid alcoholic beverage permit from the Alcoholic Beverage Control Division may expand its outdoor dining availability at the restaurant or bar with approval from the local government zoning authority of the municipality or county in which it is located without obtaining prior approval from the division. (2) A restaurant or bar seeking approval to expand outdoor dining under subdivision (a)(1) of this section shall provide notice to the division of the expansion and change in floor plan. (b) If the expansion in outdoor dining increases the seating capacity in a way that could result in a change in permit type, the restaurant or bar shall obtain division approval prior to expanding the outdoor dining area at the restaurant or bar. (c) A restaurant or bar that expands outdoor dining under this section shall comply with division rules regarding outdoor dining. (d) As used in this section: (1) "Bar" means an establishment that is: (A) Licensed by the division to sell alcoholic beverages for on-premises consumption; and (B) Not a restaurant; and (2) "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) Provides adequate and sanitary kitchen and dining equipment; (C) Has a seating capacity for at least twenty-five (25) persons; (D) Employs a sufficient number and variety 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 a minimum of five (5) days per week, with the exception of holidays, vacations, and periods of redecorating. Amended by Act 2023, No. 882,§ 1, eff. 8/1/2023. Added by Act 2021, No. 705,§ 2, eff. 4/14/2021.

(a) (1) Except as provided in subsection (b) of this section, a restaurant or bar with a valid alcoholic beverage permit from the Alcoholic Beverage Control Division may expand its outdoor dining availability at the restaurant or bar with approval from the local government zoning authority of the municipality or county in which it is located without obtaining prior approval from the division. (2) A restaurant or bar seeking approval to expand outdoor dining under subdivision (a)(1) of this section shall provide notice to the division of the expansion and change in floor plan.

(1) Except as provided in subsection (b) of this section, a restaurant or bar with a valid alcoholic beverage permit from the Alcoholic Beverage Control Division may expand its outdoor dining availability at the restaurant or bar with approval from the local government zoning authority of the municipality or county in which it is located without obtaining prior approval from the division.

(2) A restaurant or bar seeking approval to expand outdoor dining under subdivision (a)(1) of this section shall provide notice to the division of the expansion and change in floor plan.

(b) If the expansion in outdoor dining increases the seating capacity in a way that could result in a change in permit type, the restaurant or bar shall obtain division approval prior to expanding the outdoor dining area at the restaurant or bar.

(c) A restaurant or bar that expands outdoor dining under this section shall comply with division rules regarding outdoor dining.

(d) As used in this section: (1) "Bar" means an establishment that is: (A) Licensed by the division to sell alcoholic beverages for on-premises consumption; and (B) Not a restaurant; and (2) "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) Provides adequate and sanitary kitchen and dining equipment; (C) Has a seating capacity for at least twenty-five (25) persons; (D) Employs a sufficient number and variety 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 a minimum of five (5) days per week, with the exception of holidays, vacations, and periods of redecorating.

(1) "Bar" means an establishment that is: (A) Licensed by the division to sell alcoholic beverages for on-premises consumption; and (B) Not a restaurant; and

(A) Licensed by the division to sell alcoholic beverages for on-premises consumption; and

(B) Not a restaurant; and

(2) "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) Provides adequate and sanitary kitchen and dining equipment; (C) Has a seating capacity for at least twenty-five (25) persons; (D) Employs a sufficient number and variety 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 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) Provides adequate and sanitary kitchen and dining equipment;

(C) Has a seating capacity for at least twenty-five (25) persons;

(D) Employs a sufficient number and variety 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 a minimum of five (5) days per week, with the exception of holidays, vacations, and periods of redecorating.

Amended by Act 2023, No. 882,§ 1, eff. 8/1/2023.

Added by Act 2021, No. 705,§ 2, eff. 4/14/2021.
Ark. Code Ann. § 3-9-227 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-227
Large attendance facility mixed drink permit
Status: in_force

(a) (1) There is hereby created a large attendance facility mixed drink permit which is to be issued for any large attendance facility, as defined by § 3-9-202(16)(B) , in which pari-mutuel wagering has been authorized by law. (2) Such permits may only be issued in cities of the first class in which the sale of alcoholic beverages is authorized by law. (b) (1) The attendance qualifications for the large attendance facility mixed drink permit are the same as those currently provided for large attendance facilities as set out in § 3-9-202(16)(B) . (2) The annual fee for the large attendance facility mixed drink permit is three thousand dollars ($3,000) per fiscal year. Acts 1993, No. 1247, §§ 1, 2; 2009, No. 294, § 23.

(a) (1) There is hereby created a large attendance facility mixed drink permit which is to be issued for any large attendance facility, as defined by § 3-9-202(16)(B) , in which pari-mutuel wagering has been authorized by law. (2) Such permits may only be issued in cities of the first class in which the sale of alcoholic beverages is authorized by law.

(1) There is hereby created a large attendance facility mixed drink permit which is to be issued for any large attendance facility, as defined by § 3-9-202(16)(B) , in which pari-mutuel wagering has been authorized by law.

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

(b) (1) The attendance qualifications for the large attendance facility mixed drink permit are the same as those currently provided for large attendance facilities as set out in § 3-9-202(16)(B) . (2) The annual fee for the large attendance facility mixed drink permit is three thousand dollars ($3,000) per fiscal year.

(1) The attendance qualifications for the large attendance facility mixed drink permit are the same as those currently provided for large attendance facilities as set out in § 3-9-202(16)(B) .

(2) The annual fee for the large attendance facility mixed drink permit is three thousand dollars ($3,000) per fiscal year.

Acts 1993, No. 1247, §§ 1, 2; 2009, No. 294, § 23.
Ark. Code Ann. § 3-3-209 — AR Code / Title 3 / Chapter 3 / Subchapter 2 / Section 3-3-209
Furnishing to alcoholics or intoxicated persons
Status: in_force

Any person who shall sell, give away, or dispose of intoxicating liquor to an habitual drunkard or an intoxicated person shall be guilty of a violation and for the first offense be punishable by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250). For the second and subsequent offenses, he or she shall be guilty of a Class A misdemeanor. The penalties prescribed in this section shall be in addition to any other penalty prescribed by law. Acts 1943, No. 218, § 1; A.S.A. 1947, § 48-901; Acts 2005, No. 1994, § 333.

Any person who shall sell, give away, or dispose of intoxicating liquor to an habitual drunkard or an intoxicated person shall be guilty of a violation and for the first offense be punishable by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250). For the second and subsequent offenses, he or she shall be guilty of a Class A misdemeanor. The penalties prescribed in this section shall be in addition to any other penalty prescribed by law.

Acts 1943, No. 218, § 1; A.S.A. 1947, § 48-901; Acts 2005, No. 1994, § 333.
Ark. Code Ann. § 3-7-101 — AR Code / Title 3 / Chapter 7 / Subchapter 1 / Section 3-7-101
Purpose
Status: in_force

It is declared not to be the purpose of §§ 3-7-101 - 3-7-104 and 3-7-106 - 3-7-110 to impose a duplicate or double license tax on the manufacturing, selling, blending, rectifying, or mixing in this state, or transporting in this state of spirituous liquors, vinous liquors, wines other than Arkansas wines, mead, or beer or malt beverages, as measured by the quantity of spirituous liquors, vinous liquors, wines other than Arkansas wines, mead, or beer or malt beverages, manufactured, sold, blended, rectified, mixed, or transported in or into this state in conformity thereto, and any other license tax imposed by law heretofore passed is declared to be a privilege tax or permit fee. Amended by Act 2021, No. 271,§ 9, eff. 7/28/2021. Acts 1935, No. 109, § 7; Pope's Dig., § 14179; A.S.A. 1947, § 48-405.

It is declared not to be the purpose of §§ 3-7-101 - 3-7-104 and 3-7-106 - 3-7-110 to impose a duplicate or double license tax on the manufacturing, selling, blending, rectifying, or mixing in this state, or transporting in this state of spirituous liquors, vinous liquors, wines other than Arkansas wines, mead, or beer or malt beverages, as measured by the quantity of spirituous liquors, vinous liquors, wines other than Arkansas wines, mead, or beer or malt beverages, manufactured, sold, blended, rectified, mixed, or transported in or into this state in conformity thereto, and any other license tax imposed by law heretofore passed is declared to be a privilege tax or permit fee.

Amended by Act 2021, No. 271,§ 9, eff. 7/28/2021.

Acts 1935, No. 109, § 7; Pope's Dig., § 14179; A.S.A. 1947, § 48-405.
Ark. Code Ann. § 3-4-204 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-204
[Repealed]
Status: repealed

Repealed by Act 2013, No. 527,§ 3, eff. 8/16/2013. Acts 1967, No. 336, § 1; A.S.A. 1947, § 48-310.1.

Repealed by Act 2013, No. 527,§ 3, eff. 8/16/2013.

Acts 1967, No. 336, § 1; A.S.A. 1947, § 48-310.1.
Ark. Code Ann. § 3-7-105 — AR Code / Title 3 / Chapter 7 / Subchapter 1 / Section 3-7-105
Malt liquor tax - Reporting and payments
Status: in_force

(a) The excise tax levied on malt liquors by § 3-7-104 shall be reported and paid to 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 other person authorized to sell malt liquors obtains delivery of such malt liquors from the supplier. (b) The secretary shall provide forms necessary for reporting the tax due and shall enforce the tax pursuant to the Arkansas Tax Procedure Act, § 26-18-101 et seq. Amended by Act 2019, No. 910,§ 3331, eff. 7/1/2019. Acts 1983, No. 826, § 3; A.S.A. 1947, § 48-402.2.

(a) The excise tax levied on malt liquors by § 3-7-104 shall be reported and paid to 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 other person authorized to sell malt liquors obtains delivery of such malt liquors from the supplier.

(b) The secretary shall provide forms necessary for reporting the tax due and shall enforce the tax pursuant to the Arkansas Tax Procedure Act, § 26-18-101 et seq.

Amended by Act 2019, No. 910,§ 3331, eff. 7/1/2019.

Acts 1983, No. 826, § 3; A.S.A. 1947, § 48-402.2.
Ark. Code Ann. § 3-8-809 — AR Code / Title 3 / Chapter 8 / Subchapter 8 / Section 3-8-809
Failure to act on petition - Mandamus - Injunction
Status: in_force

(a) If the county clerk does not examine and certify a petition under this chapter within the time prescribed in § 3-8-803 , the sponsors may apply to the circuit court with jurisdiction for appropriate relief. (b) If the court decides that the petition is legally sufficient, it shall order the county clerk to certify the sufficiency of the petition and set an election date. (c) On a proper showing that any petition is not sufficient, the court may enjoin the county clerk from: (1) Certifying its sufficiency; or (2) Setting an election date. Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.

(a) If the county clerk does not examine and certify a petition under this chapter within the time prescribed in § 3-8-803 , the sponsors may apply to the circuit court with jurisdiction for appropriate relief.

(b) If the court decides that the petition is legally sufficient, it shall order the county clerk to certify the sufficiency of the petition and set an election date.

(c) On a proper showing that any petition is not sufficient, the court may enjoin the county clerk from: (1) Certifying its sufficiency; or (2) Setting an election date.

(1) Certifying its sufficiency; or

(2) Setting an election date.

Added by Act 2015, No. 1251,§ 5, eff. 7/22/2015.
Ark. Code Ann. § 3-3-204 — AR Code / Title 3 / Chapter 3 / Subchapter 2 / Section 3-3-204
Handling by minor
Status: in_force

(a) Except as provided in subsection (b) or subsection (c) of this section, it is unlawful for a wholesaler, retailer, or transporter of alcoholic beverages to allow an employee or any other person under twenty-one (21) years of age to have anything to do with the selling, transporting, or handling of an alcoholic beverage. (b) With the written consent of a parent or guardian, a person eighteen (18) years of age and older may: (1) Sell or otherwise handle beer and wine at retail grocery establishments; or (2) Be employed by a licensed liquor wholesaler or licensed beer wholesaler or by a licensed native winery to handle alcoholic beverages at the place of business of the licensed wholesaler or winery. (c) A person nineteen (19) years of age and older may sell and handle alcoholic beverages at a restaurant, private club, hotel, or motel that is licensed for on-premises consumption of alcoholic beverages under this chapter. (d) (1) A person who violates this section is guilty of a violation and upon conviction shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100). (2) The violation shall be grounds for suspension, cancellation, or revocation by the Director of the Alcoholic Beverage Control Division of any permit issued to the person by the director. Amended by Act 2013, No. 527,§ 2, eff. 8/16/2013. Acts 1969, No. 129, §§ 1, 2; 1983, No. 527, § 1; A.S.A. 1947, §§ 48-903.2, 48-903.3; Acts 1987, No. 515, § 1; 1999, No. 1169, § 1; 2001, No. 1553, § 3; 2003, No. 1807, § 1; 2005, No. 1994, § 28; 2009, No. 294, § 1.

(a) Except as provided in subsection (b) or subsection (c) of this section, it is unlawful for a wholesaler, retailer, or transporter of alcoholic beverages to allow an employee or any other person under twenty-one (21) years of age to have anything to do with the selling, transporting, or handling of an alcoholic beverage.

(b) With the written consent of a parent or guardian, a person eighteen (18) years of age and older may: (1) Sell or otherwise handle beer and wine at retail grocery establishments; or (2) Be employed by a licensed liquor wholesaler or licensed beer wholesaler or by a licensed native winery to handle alcoholic beverages at the place of business of the licensed wholesaler or winery.

(1) Sell or otherwise handle beer and wine at retail grocery establishments; or

(2) Be employed by a licensed liquor wholesaler or licensed beer wholesaler or by a licensed native winery to handle alcoholic beverages at the place of business of the licensed wholesaler or winery.

(c) A person nineteen (19) years of age and older may sell and handle alcoholic beverages at a restaurant, private club, hotel, or motel that is licensed for on-premises consumption of alcoholic beverages under this chapter.

(d) (1) A person who violates this section is guilty of a violation and upon conviction shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100). (2) The violation shall be grounds for suspension, cancellation, or revocation by the Director of the Alcoholic Beverage Control Division of any permit issued to the person by the director.

(1) A person who violates this section is guilty of a violation and upon conviction shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100).

(2) The violation shall be grounds for suspension, cancellation, or revocation by the Director of the Alcoholic Beverage Control Division of any permit issued to the person by the director.

Amended by Act 2013, No. 527,§ 2, eff. 8/16/2013.

Acts 1969, No. 129, §§ 1, 2; 1983, No. 527, § 1; A.S.A. 1947, §§ 48-903.2, 48-903.3; Acts 1987, No. 515, § 1; 1999, No. 1169, § 1; 2001, No. 1553, § 3; 2003, No. 1807, § 1; 2005, No. 1994, § 28; 2009, No. 294, § 1.
Ark. Code Ann. § 3-8-711 — AR Code / Title 3 / Chapter 8 / Subchapter 7 / Section 3-8-711
Reporting the use of state funds to oppose or support ballot measure
Status: in_force

Any funds appropriated to any state agency, board, or commission that are expended for the purpose of opposing or supporting a local-option ballot question that is submitted or intended to be submitted to a popular vote at an election, whether or not it qualifies for the ballot, shall be reported to the Legislative Council if the amount exceeds one hundred dollars ($100). Amended by Act 2017, No. 249,§ 1, eff. 8/1/2017. Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.

Any funds appropriated to any state agency, board, or commission that are expended for the purpose of opposing or supporting a local-option ballot question that is submitted or intended to be submitted to a popular vote at an election, whether or not it qualifies for the ballot, shall be reported to the Legislative Council if the amount exceeds one hundred dollars ($100).

Amended by Act 2017, No. 249,§ 1, eff. 8/1/2017.

Added by Act 2013, No. 1432,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 3-9-212 — AR Code / Title 3 / Chapter 9 / Subchapter 2 / Section 3-9-212
Permit to sell beverages - Fees
Status: in_force

(a) Each application for a permit to sell alcoholic beverages for on-premises consumption shall be accompanied by a permit fee in the following applicable amount: Hotel, having fewer than 100 rooms...................................................................................... $ 750 Hotel, having 100 or more rooms ......................................................................................... 1,500 Restaurant, having a seating capacity of less than 100 persons.................................................... 750 Restaurant, having a seating capacity of 100 or more persons ..................................................... 1,500 Large meeting or attendance facility as defined in § 3-9-202(16)(B) .............................................. 2,500. (b) An annual renewal fee in the same amount as provided in subsection (a) of this section shall be paid to the Director of the Alcoholic Beverage Control Division on or before June 30 of each calendar year for the fiscal year beginning July 1. (c) The fee for a permit issued between January 1 and July 1 shall be one-half (½) of the applicable amount specified in subsection (a) of this section. Acts 1969, No. 132, § 7; 1983, No. 420, § 1; A.S.A. 1947, §§ 48-313.1, 48-1407; Acts 2009, No. 294, § 20.

(a) Each application for a permit to sell alcoholic beverages for on-premises consumption shall be accompanied by a permit fee in the following applicable amount: Hotel, having fewer than 100 rooms...................................................................................... $ 750 Hotel, having 100 or more rooms ......................................................................................... 1,500 Restaurant, having a seating capacity of less than 100 persons.................................................... 750 Restaurant, having a seating capacity of 100 or more persons ..................................................... 1,500 Large meeting or attendance facility as defined in § 3-9-202(16)(B) .............................................. 2,500.

Hotel, having fewer than 100 rooms...................................................................................... $ 750 Hotel, having 100 or more rooms ......................................................................................... 1,500 Restaurant, having a seating capacity of less than 100 persons.................................................... 750 Restaurant, having a seating capacity of 100 or more persons ..................................................... 1,500 Large meeting or attendance facility as defined in § 3-9-202(16)(B) .............................................. 2,500.

Hotel, having fewer than 100 rooms......................................................................................

$ 750

Hotel, having 100 or more rooms .........................................................................................

1,500

Restaurant, having a seating capacity of less than 100 persons....................................................

750

Restaurant, having a seating capacity of 100 or more persons .....................................................

1,500

Large meeting or attendance facility as defined in § 3-9-202(16)(B) ..............................................

2,500.

(b) An annual renewal fee in the same amount as provided in subsection (a) of this section shall be paid to the Director of the Alcoholic Beverage Control Division on or before June 30 of each calendar year for the fiscal year beginning July 1.

(c) The fee for a permit issued between January 1 and July 1 shall be one-half (½) of the applicable amount specified in subsection (a) of this section.

Acts 1969, No. 132, § 7; 1983, No. 420, § 1; A.S.A. 1947, §§ 48-313.1, 48-1407; Acts 2009, No. 294, § 20.
Ark. Code Ann. § 3-9-301 — AR Code / Title 3 / Chapter 9 / Subchapter 3 / Section 3-9-301
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Director" means the Director of the Alcoholic Beverage Control Division; (2) "Guest" means a person who orders and is served a meal inside a restaurant during regular hours; (3) (A) "License" means a license to sell wine in a restaurant or cafe. (B) An annual fee of three hundred dollars ($300) shall be paid for each license or renewal of a license. (C) All moneys derived from the annual fees shall be deposited into the State Treasury as general revenues to the credit of the State Apportionment Fund, to be allocated and transferred to the various funds, fund accounts, and accounts participating in general revenues in the respective proportions to each as provided by law, and to be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq.; (4) "Meal" means food commonly ordered at various hours of the day; (5) "Person" means any person, firm, partnership, association, or corporation; (6) (A) "Restaurant" or "cafe" means a place of business that is regularly used to serve a meal to a guest for compensation and has a suitable kitchen facility to serve an entire menu approved by the Alcoholic Beverage Control Division. (B) The menu shall contain a selection of food and shall not be limited to sandwiches or salads. (C) The kitchen shall: (i) Have adequate refrigeration to preserve the food on the menu; (ii) Be kept in a sanitary condition; and (iii) Comply with the rules of the Department of Health. (D) (i) The Alcoholic Beverage Control Board is authorized and directed to establish appropriate rules defining "established eating places" to the extent that licenses granted under the provisions of this subchapter shall be issued only to those business establishments whose principal business is serving food for consumption on the premises. (ii) However, a drive-in shall not be classified as an established eating place; and (7) "Wine" or "wines" means any port wine, sherry wine, vermouth wine, or other wines, the alcoholic content of which does not exceed twenty-one percent (21%), regardless of whether the wines are manufactured within or without the State of Arkansas. Amended by Act 2019, No. 315,§ 106, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 105, eff. 7/24/2019. Amended by Act 2013, No. 1100,§ 4, eff. 4/11/2013. Amended by Act 2013, No. 1100,§ 3, eff. 4/11/2013. Acts 1965, No. 120, § 1; 1971, No. 441, § 2; 1971, No. 585, § 12; A.S.A. 1947, § 48-626; Acts 2005, No. 1247, § 1; 2009, No. 294, § 24.

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

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

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

(3) (A) "License" means a license to sell wine in a restaurant or cafe. (B) An annual fee of three hundred dollars ($300) shall be paid for each license or renewal of a license. (C) All moneys derived from the annual fees shall be deposited into the State Treasury as general revenues to the credit of the State Apportionment Fund, to be allocated and transferred to the various funds, fund accounts, and accounts participating in general revenues in the respective proportions to each as provided by law, and to be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq.;

(A) "License" means a license to sell wine in a restaurant or cafe.

(B) An annual fee of three hundred dollars ($300) shall be paid for each license or renewal of a license.

(C) All moneys derived from the annual fees shall be deposited into the State Treasury as general revenues to the credit of the State Apportionment Fund, to be allocated and transferred to the various funds, fund accounts, and accounts participating in general revenues in the respective proportions to each as provided by law, and to be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq.;

(4) "Meal" means food commonly ordered at various hours of the day;

(5) "Person" means any person, firm, partnership, association, or corporation;

(6) (A) "Restaurant" or "cafe" means a place of business that is regularly used to serve a meal to a guest for compensation and has a suitable kitchen facility to serve an entire menu approved by the Alcoholic Beverage Control Division. (B) The menu shall contain a selection of food and shall not be limited to sandwiches or salads. (C) The kitchen shall: (i) Have adequate refrigeration to preserve the food on the menu; (ii) Be kept in a sanitary condition; and (iii) Comply with the rules of the Department of Health. (D) (i) The Alcoholic Beverage Control Board is authorized and directed to establish appropriate rules defining "established eating places" to the extent that licenses granted under the provisions of this subchapter shall be issued only to those business establishments whose principal business is serving food for consumption on the premises. (ii) However, a drive-in shall not be classified as an established eating place; and

(A) "Restaurant" or "cafe" means a place of business that is regularly used to serve a meal to a guest for compensation and has a suitable kitchen facility to serve an entire menu approved by the Alcoholic Beverage Control Division.

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

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

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

(ii) Be kept in a sanitary condition; and

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

(D) (i) The Alcoholic Beverage Control Board is authorized and directed to establish appropriate rules defining "established eating places" to the extent that licenses granted under the provisions of this subchapter shall be issued only to those business establishments whose principal business is serving food for consumption on the premises. (ii) However, a drive-in shall not be classified as an established eating place; and

(i) The Alcoholic Beverage Control Board is authorized and directed to establish appropriate rules defining "established eating places" to the extent that licenses granted under the provisions of this subchapter shall be issued only to those business establishments whose principal business is serving food for consumption on the premises.

(ii) However, a drive-in shall not be classified as an established eating place; and

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

Amended by Act 2019, No. 315,§ 106, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 105, eff. 7/24/2019.

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

Amended by Act 2013, No. 1100,§ 3, eff. 4/11/2013.

Acts 1965, No. 120, § 1; 1971, No. 441, § 2; 1971, No. 585, § 12; A.S.A. 1947, § 48-626; Acts 2005, No. 1247, § 1; 2009, No. 294, § 24.
Ark. Code Ann. § 3-4-218 — AR Code / Title 3 / Chapter 4 / Subchapter 2 / Section 3-4-218
Permits restricted to permitted premises
Status: in_force

(a) (1) No new liquor permits shall be issued to nor shall any outstanding liquor permit be transferred to any person, firm, or corporation by the Alcoholic Beverage Control Division wherein the permitted premises of the liquor permittee is operated as a part of the profit-making business of any drug, grocery, sporting goods, dry goods, hardware, or general mercantile store. (2) However, the permittee may have: (A) Tobacco products; (B) Mixers; (C) Soft drinks; (D) Consumables and edible products that complement alcoholic beverages; (E) Clothing and other promotional or marketing merchandise with logos or graphics of the permittee's business; and (F) Other items customarily associated with the retail package sale of the liquors. (3) The division shall promulgate rules to facilitate the sale of complementary products under subdivision (a)(2) of this section. (b) However, this restriction shall not prohibit the transfer of a permit by the division resulting from the sale of a business for which a permit was issued on or before February 18, 1971. (c) It is further provided that in any instance where a retail liquor permit was issued after February 18, 1971, and the permitted premise is located outside an incorporated city or town and is located within five (5) miles of two (2) other liquor stores that were grandfathered in under the provisions of subsection (b) of this section, with each of the other stores being on either side of the newer liquor store, further where the newer liquor store and one (1) of the grandfathered liquor stores are both located in the same county and the second grandfathered liquor store is located in an adjoining county, and further where all three (3) subject liquor stores are located within one (1) mile of a federal interstate highway, then the middle liquor store may be considered as a grandfathered liquor store on the same basis as its competitors and may sell items which would not ordinarily be allowed if the permit were granted after February 18, 1971. (d) The holder of a retail liquor permit, as defined in § 3-4-604 , 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 sixteen thousand (16,000) persons according to the 2000 Federal Decennial Census and within three (3) miles of a river that 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 food prepared on the licensed premises for off-premises consumption. (e) (1) A retail liquor permit issued under this subchapter is restricted to the location identified in the application required under § 3-4-209(3) . (2) A retail liquor permit shall not be used for multiple locations. Amended by Act 2023, No. 684,§ 1, eff. 8/1/2023. Amended by Act 2017, No. 508,§ 1, eff. 10/1/2017. Acts 1971, No. 106, § 3; 1977, No. 798, § 1; A.S.A. 1947, § 48-310.3; Acts 1999, No. 1594, § 1; 2003, No. 848, § 1; 2007, No. 457, § 1; 2011, No. 70, § 2.

(a) (1) No new liquor permits shall be issued to nor shall any outstanding liquor permit be transferred to any person, firm, or corporation by the Alcoholic Beverage Control Division wherein the permitted premises of the liquor permittee is operated as a part of the profit-making business of any drug, grocery, sporting goods, dry goods, hardware, or general mercantile store. (2) However, the permittee may have: (A) Tobacco products; (B) Mixers; (C) Soft drinks; (D) Consumables and edible products that complement alcoholic beverages; (E) Clothing and other promotional or marketing merchandise with logos or graphics of the permittee's business; and (F) Other items customarily associated with the retail package sale of the liquors. (3) The division shall promulgate rules to facilitate the sale of complementary products under subdivision (a)(2) of this section.

(1) No new liquor permits shall be issued to nor shall any outstanding liquor permit be transferred to any person, firm, or corporation by the Alcoholic Beverage Control Division wherein the permitted premises of the liquor permittee is operated as a part of the profit-making business of any drug, grocery, sporting goods, dry goods, hardware, or general mercantile store.

(2) However, the permittee may have: (A) Tobacco products; (B) Mixers; (C) Soft drinks; (D) Consumables and edible products that complement alcoholic beverages; (E) Clothing and other promotional or marketing merchandise with logos or graphics of the permittee's business; and (F) Other items customarily associated with the retail package sale of the liquors.

(A) Tobacco products;

(B) Mixers;

(C) Soft drinks;

(D) Consumables and edible products that complement alcoholic beverages;

(E) Clothing and other promotional or marketing merchandise with logos or graphics of the permittee's business; and

(F) Other items customarily associated with the retail package sale of the liquors.

(3) The division shall promulgate rules to facilitate the sale of complementary products under subdivision (a)(2) of this section.

(b) However, this restriction shall not prohibit the transfer of a permit by the division resulting from the sale of a business for which a permit was issued on or before February 18, 1971.

(c) It is further provided that in any instance where a retail liquor permit was issued after February 18, 1971, and the permitted premise is located outside an incorporated city or town and is located within five (5) miles of two (2) other liquor stores that were grandfathered in under the provisions of subsection (b) of this section, with each of the other stores being on either side of the newer liquor store, further where the newer liquor store and one (1) of the grandfathered liquor stores are both located in the same county and the second grandfathered liquor store is located in an adjoining county, and further where all three (3) subject liquor stores are located within one (1) mile of a federal interstate highway, then the middle liquor store may be considered as a grandfathered liquor store on the same basis as its competitors and may sell items which would not ordinarily be allowed if the permit were granted after February 18, 1971.

(d) The holder of a retail liquor permit, as defined in § 3-4-604 , 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 sixteen thousand (16,000) persons according to the 2000 Federal Decennial Census and within three (3) miles of a river that 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 food prepared on the licensed premises for off-premises consumption.

(e) (1) A retail liquor permit issued under this subchapter is restricted to the location identified in the application required under § 3-4-209(3) . (2) A retail liquor permit shall not be used for multiple locations.

(1) A retail liquor permit issued under this subchapter is restricted to the location identified in the application required under § 3-4-209(3) .

(2) A retail liquor permit shall not be used for multiple locations.

Amended by Act 2023, No. 684,§ 1, eff. 8/1/2023.

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

Acts 1971, No. 106, § 3; 1977, No. 798, § 1; A.S.A. 1947, § 48-310.3; Acts 1999, No. 1594, § 1; 2003, No. 848, § 1; 2007, No. 457, § 1; 2011, No. 70, § 2.
Ark. Code Ann. § 3-4-807 — AR Code / Title 3 / Chapter 4 / Subchapter 8 / Section 3-4-807
Fees
Status: in_force

(a) There is imposed on each permittee who applies and is certified as a responsible permittee an annual fee of twenty-five dollars ($25.00). (b) (1) All moneys collected under this subchapter shall be used to fund such server training programs as may be approved by the Alcoholic Beverage Control Board. (2) Permittees attending such approved programs shall not be charged any additional fee by the program provider. Acts 1993, No. 173, § 7.

(a) There is imposed on each permittee who applies and is certified as a responsible permittee an annual fee of twenty-five dollars ($25.00).

(b) (1) All moneys collected under this subchapter shall be used to fund such server training programs as may be approved by the Alcoholic Beverage Control Board. (2) Permittees attending such approved programs shall not be charged any additional fee by the program provider.

(1) All moneys collected under this subchapter shall be used to fund such server training programs as may be approved by the Alcoholic Beverage Control Board.

(2) Permittees attending such approved programs shall not be charged any additional fee by the program provider.

Acts 1993, No. 173, § 7.
Ark. Code Ann. § 3-4-604 — AR Code / Title 3 / Chapter 4 / Subchapter 6 / Section 3-4-604
Retailers
Status: in_force

(a) A person, other than a distiller, importer, rectifier, or wholesaler, may apply to the Director of the Alcoholic Beverage Control Division for a permit to sell and dispense vinous or spirituous liquors or hard cider for beverage purposes at retail. (b) The application shall be in writing and shall set forth in detail such information concerning the applicant for the permit and the premises to be used by the applicant as the director may require. (c) The application shall be accompanied by a certified check, cash, or postal money order for the amount required by this act for the permit. (d) If the director shall grant the application, he or she shall issue a permit in such form as shall be determined by the rules of the Alcoholic Beverage Control Division. (e) The permit shall contain a description of the premises permitted and in form and substance shall be a permit to the person specifically designated in the permit to sell and dispense at retail spirituous or vinous liquors or hard cider. (f) All such sales shall be in unbroken packages that shall not be opened or the contents or any part consumed on the premises where purchased. (g) For the privilege of operating a dispensary from which the vinous, spirituous, and malt liquors (except wines) or hard cider are to be dispensed in the manner provided in this act, there is assessed and there shall be paid a permit fee of and by the person engaged therein in the sum of four hundred dollars ($400) per annum payable on or before June 30 of each calendar year for the fiscal year beginning July 1. Amended by Act 2019, No. 691,§ 7, eff. 7/24/2019. Amended by Act 2019, No. 691,§ 6, eff. 7/24/2019. Acts 1935, No. 108, Art. 3, § 6; 1935, No. 108, Art. 4, § 4; Pope's Dig., §§ 14110, 14130; Acts 1983, No. 420, § 1; 1983, No. 675, § 4; A.S.A. 1947, §§ 48-309, 48-313.1, 48-324.

(a) A person, other than a distiller, importer, rectifier, or wholesaler, may apply to the Director of the Alcoholic Beverage Control Division for a permit to sell and dispense vinous or spirituous liquors or hard cider for beverage purposes at retail.

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

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

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

(e) The permit shall contain a description of the premises permitted and in form and substance shall be a permit to the person specifically designated in the permit to sell and dispense at retail spirituous or vinous liquors or hard cider.

(f) All such sales shall be in unbroken packages that shall not be opened or the contents or any part consumed on the premises where purchased.

(g) For the privilege of operating a dispensary from which the vinous, spirituous, and malt liquors (except wines) or hard cider are to be dispensed in the manner provided in this act, there is assessed and there shall be paid a permit fee of and by the person engaged therein in the sum of four hundred dollars ($400) per annum payable on or before June 30 of each calendar year for the fiscal year beginning July 1.

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

Amended by Act 2019, No. 691,§ 6, eff. 7/24/2019.

Acts 1935, No. 108, Art. 3, § 6; 1935, No. 108, Art. 4, § 4; Pope's Dig., §§ 14110, 14130; Acts 1983, No. 420, § 1; 1983, No. 675, § 4; A.S.A. 1947, §§ 48-309, 48-313.1, 48-324.
Ark. Code Ann. § 3-8-202 — AR Code / Title 3 / Chapter 8 / Subchapter 2 / Section 3-8-202
Sections 3-8-201 - 3-8-203, 3-8-205 - 3-8-209 cumulative - Construction
Status: in_force

It is expressly declared that §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 shall be cumulative to the liquor laws now in force in this state. These sections shall at all times be construed so as to permit, upon petition of fifteen percent (15%) of the qualified electors in any area to be affected, the qualified voters therein at one (1) election to determine whether or not all alcoholic beverages, including all kinds and types of whiskey, beer, and wine, shall be manufactured or sold, bartered, loaned, or given away therein. Init. Meas. 1942, No. 1, § 6, Acts 1943, p. 998; A.S.A. 1947, § 48-806.

It is expressly declared that §§ 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 shall be cumulative to the liquor laws now in force in this state. These sections shall at all times be construed so as to permit, upon petition of fifteen percent (15%) of the qualified electors in any area to be affected, the qualified voters therein at one (1) election to determine whether or not all alcoholic beverages, including all kinds and types of whiskey, beer, and wine, shall be manufactured or sold, bartered, loaned, or given away therein.

Init. Meas. 1942, No. 1, § 6, Acts 1943, p. 998; A.S.A. 1947, § 48-806.
Ark. Code Ann. § 3-7-504 — AR Code / Title 3 / Chapter 7 / Subchapter 5 / Section 3-7-504
Penalties for noncompliance
Status: in_force

(a) If any licensee or permittee shall fail to file the report and pay the taxes required by § 3-7-502 within the time provided herein, a penalty of five percent (5%) shall be added to the tax. (b) If the delinquency continues for more than thirty (30) days, the licensee or permittee shall be subject to the revocation or suspension of his or her permit, in addition to recovery of the taxes and penalty through his or her bond. Acts 1971, No. 310, § 5; A.S.A. 1947, § 48-435.

(a) If any licensee or permittee shall fail to file the report and pay the taxes required by § 3-7-502 within the time provided herein, a penalty of five percent (5%) shall be added to the tax.

(b) If the delinquency continues for more than thirty (30) days, the licensee or permittee shall be subject to the revocation or suspension of his or her permit, in addition to recovery of the taxes and penalty through his or her bond.

Acts 1971, No. 310, § 5; A.S.A. 1947, § 48-435.
Ark. Code Ann. § 3-4-901 — AR Code / Title 3 / Chapter 4 / Subchapter 9 / Section 3-4-901
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Alcoholic beverages" means any alcoholic beverage which is sold at retail in Arkansas; (2) "Director" means the Director of the Alcoholic Beverage Control Division; (3) "Off-premise caterer" means an individual or business entity which: (A) Has been in business for more than one (1) year; (B) Sixty percent (60%) or more of whose gross sales for the preceding year have been derived from food sales; (C) Had gross food sales in excess of one hundred thousand dollars ($100,000) for the preceding year; (D) For a fee, prepares food and beverages to be consumed at private parties or other private functions; and (E) Transports the food and beverages from the permitted premises to the premises where the private function is being held; and (4) "Off-premise caterer's permit" means a license which authorizes the holder thereof to purchase alcoholic beverages from a permitted retail outlet, to transport the alcoholic beverages to a private function which is being catered by the permit holder, and to serve alcoholic beverages to attendees of a private function in conjunction with catered food. Acts 1999, No. 1170, § 1.

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

(1) "Alcoholic beverages" means any alcoholic beverage which is sold at retail in Arkansas;

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

(3) "Off-premise caterer" means an individual or business entity which: (A) Has been in business for more than one (1) year; (B) Sixty percent (60%) or more of whose gross sales for the preceding year have been derived from food sales; (C) Had gross food sales in excess of one hundred thousand dollars ($100,000) for the preceding year; (D) For a fee, prepares food and beverages to be consumed at private parties or other private functions; and (E) Transports the food and beverages from the permitted premises to the premises where the private function is being held; and

(A) Has been in business for more than one (1) year;

(B) Sixty percent (60%) or more of whose gross sales for the preceding year have been derived from food sales;

(C) Had gross food sales in excess of one hundred thousand dollars ($100,000) for the preceding year;

(D) For a fee, prepares food and beverages to be consumed at private parties or other private functions; and

(E) Transports the food and beverages from the permitted premises to the premises where the private function is being held; and

(4) "Off-premise caterer's permit" means a license which authorizes the holder thereof to purchase alcoholic beverages from a permitted retail outlet, to transport the alcoholic beverages to a private function which is being catered by the permit holder, and to serve alcoholic beverages to attendees of a private function in conjunction with catered food.

Acts 1999, No. 1170, § 1.
Ark. Code Ann. § 3-3-315 — AR Code / Title 3 / Chapter 3 / Subchapter 3 / Section 3-3-315
Failure to surrender confiscated beverages
Status: in_force

Any person who shall seize or confiscate any spirituous, vinous, or malt beverages under the provisions of §§ 3-3-311 and 3-3-312 and who shall not immediately turn over the spirituous, vinous, or malt beverages as required by § 3-3-312 to the mayor or the county judge, as the case may be, shall be guilty of a Class A misdemeanor. Acts 1969, No. 248, § 5; A.S.A. 1947, § 48-929.1; Acts 2005, No. 1994, § 334.

Any person who shall seize or confiscate any spirituous, vinous, or malt beverages under the provisions of §§ 3-3-311 and 3-3-312 and who shall not immediately turn over the spirituous, vinous, or malt beverages as required by § 3-3-312 to the mayor or the county judge, as the case may be, shall be guilty of a Class A misdemeanor.

Acts 1969, No. 248, § 5; A.S.A. 1947, § 48-929.1; Acts 2005, No. 1994, § 334.
Ark. Code Ann. § 3-2-408 — AR Code / Title 3 / Chapter 2 / Subchapter 4 / Section 3-2-408
Acquisition of right to sell, ship, or distribute label
Status: in_force

Any distiller, manufacturer, importer, or producer who obtains or acquires in any manner the right to sell, ship, or distribute any label shall for the purpose of this subchapter stand in place of and be subject to all rights, privileges, and duties and obligations of its predecessor or its predecessors from whom such brands or labels were obtained or acquired. Acts 1991, No. 260, § 7.

Any distiller, manufacturer, importer, or producer who obtains or acquires in any manner the right to sell, ship, or distribute any label shall for the purpose of this subchapter stand in place of and be subject to all rights, privileges, and duties and obligations of its predecessor or its predecessors from whom such brands or labels were obtained or acquired.

Acts 1991, No. 260, § 7.
Ark. Code Ann. § 3-4-608 — AR Code / Title 3 / Chapter 4 / Subchapter 6 / Section 3-4-608
Spirituous liquor - Vinous liquor - Supplier registration
Status: in_force

(a) As used in this section: (1) "Small farm wine" means the wine produced by a wine-making business that produces two hundred fifty thousand gallons (250,000 gals.) of wine or less per year, the alcohol content of which is not less than one-half percent (0.5%) and not more than twenty-one percent (21%); (2) "Spirituous" means a liquor distilled from the fermented juices of grain, fruits, or vegetables and containing more than twenty-one percent (21%) alcohol by weight, or any other liquids containing more than twenty-one percent (21%) alcohol by weight; (3) "Supplier" means an in-state or out-of-state manufacturer, distiller, rectifier, brewer, importer, or producer of spirituous liquor or vinous liquor; and (4) "Vinous" means the fermented juices of fruits or a mixture containing the fermented juices of fruits, containing more than five percent (5%) and not more than twenty-one percent (21%) alcohol by weight. (b) (1) A supplier of a spirituous or vinous beverage, excluding small farm wine, shall file an application with the Alcoholic Beverage Control Division for a permit. (2) The application shall: (A) Be in writing; (B) Be verified; and (C) Set forth the information in detail as the Director of the Alcoholic Beverage Control Division requires concerning the applicant for the permit and premises to be used. (3) The application shall be accompanied by a permit fee of fifty dollars ($50.00) payable by cash, check, money order, or electronic payment. (4) The permit may be renewed annually. (5) If the director grants the application, he or she shall issue a permit in the form required by the rules established by the division. (c) A supplier shall not sell a spirituous liquor or a vinous liquor to a wholesaler, distributor, or to any other person who is not legally authorized to receive, possess, transport, distribute, or sell a spirituous liquor or a vinous liquor under this chapter. (d) Under the rules adopted by the director, a supplier may: (1) Sell, deliver, or transport to a wholesaler, distributor, or rectifier; (2) Ship into the state to a wholesaler, distributor, or rectifier; and (3) Export out of the state. Added by Act 2013, No. 1105,§ 2, eff. 8/16/2013.

(a) As used in this section: (1) "Small farm wine" means the wine produced by a wine-making business that produces two hundred fifty thousand gallons (250,000 gals.) of wine or less per year, the alcohol content of which is not less than one-half percent (0.5%) and not more than twenty-one percent (21%); (2) "Spirituous" means a liquor distilled from the fermented juices of grain, fruits, or vegetables and containing more than twenty-one percent (21%) alcohol by weight, or any other liquids containing more than twenty-one percent (21%) alcohol by weight; (3) "Supplier" means an in-state or out-of-state manufacturer, distiller, rectifier, brewer, importer, or producer of spirituous liquor or vinous liquor; and (4) "Vinous" means the fermented juices of fruits or a mixture containing the fermented juices of fruits, containing more than five percent (5%) and not more than twenty-one percent (21%) alcohol by weight.

(1) "Small farm wine" means the wine produced by a wine-making business that produces two hundred fifty thousand gallons (250,000 gals.) of wine or less per year, the alcohol content of which is not less than one-half percent (0.5%) and not more than twenty-one percent (21%);

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

(3) "Supplier" means an in-state or out-of-state manufacturer, distiller, rectifier, brewer, importer, or producer of spirituous liquor or vinous liquor; and

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

(b) (1) A supplier of a spirituous or vinous beverage, excluding small farm wine, shall file an application with the Alcoholic Beverage Control Division for a permit. (2) The application shall: (A) Be in writing; (B) Be verified; and (C) Set forth the information in detail as the Director of the Alcoholic Beverage Control Division requires concerning the applicant for the permit and premises to be used. (3) The application shall be accompanied by a permit fee of fifty dollars ($50.00) payable by cash, check, money order, or electronic payment. (4) The permit may be renewed annually. (5) If the director grants the application, he or she shall issue a permit in the form required by the rules established by the division.

(1) A supplier of a spirituous or vinous beverage, excluding small farm wine, shall file an application with the Alcoholic Beverage Control Division for a permit.

(2) The application shall: (A) Be in writing; (B) Be verified; and (C) Set forth the information in detail as the Director of the Alcoholic Beverage Control Division requires concerning the applicant for the permit and premises to be used.

(A) Be in writing;

(B) Be verified; and

(C) Set forth the information in detail as the Director of the Alcoholic Beverage Control Division requires concerning the applicant for the permit and premises to be used.

(3) The application shall be accompanied by a permit fee of fifty dollars ($50.00) payable by cash, check, money order, or electronic payment.

(4) The permit may be renewed annually.

(5) If the director grants the application, he or she shall issue a permit in the form required by the rules established by the division.

(c) A supplier shall not sell a spirituous liquor or a vinous liquor to a wholesaler, distributor, or to any other person who is not legally authorized to receive, possess, transport, distribute, or sell a spirituous liquor or a vinous liquor under this chapter.

(d) Under the rules adopted by the director, a supplier may: (1) Sell, deliver, or transport to a wholesaler, distributor, or rectifier; (2) Ship into the state to a wholesaler, distributor, or rectifier; and (3) Export out of the state.

(1) Sell, deliver, or transport to a wholesaler, distributor, or rectifier;

(2) Ship into the state to a wholesaler, distributor, or rectifier; and

(3) Export out of the state.

Added by Act 2013, No. 1105,§ 2, eff. 8/16/2013.