reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 3 - PROHIBITED PRACTICES (§§ 3-3-101 — 3-3-405) › Subchapter 2 - PARTICULAR PRACTICES PROHIBITED (§§ 3-3-201 — 3-3-219) › Section 3-3-218 - Duty of care of privilege license holders - Enforcement

(a)
It is the specifically declared policy of the General Assembly that all licenses issued to establishments for the sale or dispensing of alcoholic beverages are privilege licenses, and the holder of such privilege license is to be held to a high duty of care in the operation of the licensed establishment.
(b)
It is the duty of every holder of an alcoholic beverage permit issued by the State of Arkansas to operate the business wherein alcoholic beverages are sold or dispensed in a manner which is in the public interest and does not endanger the public health, welfare, or safety. Failure to maintain this duty of care shall be a violation of this section and grounds for administrative sanctions being taken against the holder of the permit or permits.
(c)
(1)
The standard of review for the Director of the Alcoholic Beverage Control Division and the Alcoholic Beverage Control Board in matters arising herein shall be:
(A)
Whether the permitted outlet, as it has been operated, promotes the public convenience and advantage;
(B)
Whether the continuation of the outlet would promote the public interest; and
(C)
Whether the outlet's business operation endangers the public health, welfare, or safety of the area or community in which it is located.
(2)
It is specifically granted to the director and the board the power to review the outlet and its operation as if it were a new application, taking into consideration all factors involved in the review of an application as initially filed before the agency.
(d)
(1)
As to all violations occurring inside the permitted premises, the standard of proof shall be by substantial evidence.
(2)
As to all violations occurring outside the permitted premises, the standard of proof shall be by clear and convincing evidence.
(e)
The Alcoholic Beverage Control Division and its board are hereby authorized to adopt rules to implement each and every provision of this section.
(f)
The director and the board are empowered by this section to administer the full range of penalties available for other administrative proceedings before it, including, but not limited to, fines, suspension, cancellation, or revocation of such permits which have been found to endanger the public health, welfare, or safety.
Amended by Act 2019, No. 315,§ 44, eff. 7/24/2019.
Acts 1989, No. 695, § 1; 2003, No. 1756, § 1.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 3 - PROHIBITED PRACTICES (§§ 3-3-101 — 3-3-405) › Subchapter 2 - PARTICULAR PRACTICES PROHIBITED (§§ 3-3-201 — 3-3-219) › Section 3-3-219 - Social hosts - Criminal liability

(a)
(1)
A person who exercises control over private property shall not knowingly allow a person under twenty-one (21) years of age who is not a family member of the person to consume alcohol on the private property.
(2)
This subsection applies only to a person who is present and in control of the private property at the time the consumption occurs.
(3)
This subsection does not apply to the owner of rental property or the agent of an owner of rental property unless the consumption occurs in the individual unit in which the owner or agent resides.
(4)
This subsection does not apply to any consumption of alcohol during religious ceremonies or for religious purposes.
(b)
(1)
A first violation of this section is a Class C misdemeanor.
(2)
A second violation of this section is a Class A misdemeanor.
(3)
A third or subsequent violation of this section is a Class D felony.
(c)
This section shall not prevent a township, city, or county from establishing by ordinance regulations more stringent than the provisions of this section.
Acts 2009, No. 976, § 1.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 3 - PROHIBITED PRACTICES (§§ 3-3-101 — 3-3-405) › Subchapter 3 - DRY TERRITORIES (§§ 3-3-301 — 3-3-315) › Section 3-3-301 - Definition

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.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 3 - PROHIBITED PRACTICES (§§ 3-3-101 — 3-3-405) › Subchapter 3 - DRY TERRITORIES (§§ 3-3-301 — 3-3-315) › Section 3-3-302 - Penalties

(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.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 3 - PROHIBITED PRACTICES (§§ 3-3-101 — 3-3-405) › Subchapter 3 - DRY TERRITORIES (§§ 3-3-301 — 3-3-315) › Section 3-3-303 - Rules

The Director of the Alcoholic Beverage Control Division shall promulgate all rules necessary to enforce and administer this subchapter.
Amended by Act 2019, No. 315,§ 45, eff. 7/24/2019.
Acts 1947, No. 423, § 12; A.S.A. 1947, § 48-931.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 3 - PROHIBITED PRACTICES (§§ 3-3-101 — 3-3-405) › Subchapter 3 - DRY TERRITORIES (§§ 3-3-301 — 3-3-315) › Section 3-3-309 - Procuring liquor for another

(a)
(1)
It shall be unlawful for any person to either directly or indirectly procure or purchase for another in any district or territory where they are prohibited by law:
(A)
Any alcohol or spirituous, ardent, vinous, malt, or fermented liquors;
(B)
Any compound or preparation thereof commonly called tonics, bitters, or medicated liquors; or
(C)
Intoxicating spirits of any character.
(2)
However, this section shall not prohibit one (1) person from buying for another from a licensed dealer.
(b)
Any person who shall violate any of the provisions of this section shall be guilty of a violation and fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
Acts 1899, No. 191, §§ 1, 2, p. 335; C. & M. Dig., §§ 6163, 6164; A.S.A. 1947, §§ 48-914, 48-915; Acts 2005, No. 1994, § 30.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 3 - PROHIBITED PRACTICES (§§ 3-3-101 — 3-3-405) › Subchapter 3 - DRY TERRITORIES (§§ 3-3-301 — 3-3-315) › Section 3-3-310 - Solicitation or taking orders

(a)
It shall be unlawful for any person, firm, or corporation in this state in person, by letter, circular, or other printed matter, or in any other manner, to solicit or take orders in this state for any alcoholic, vinous, malt, spirituous, or fermented liquors or any compound or preparation thereof commonly called tonic, bitters, or medicated liquors, or any other liquors, bitters, or drinks prohibited by the laws of this state to be sold, bartered, or otherwise disposed of.
(b)
The prohibition of this section shall apply to such liquors, bitters, and drinks, whether the parties intend that the liquors, bitters, or drinks shall be shipped into this state from outside of the state or from one (1) point in this state to another point in this state.
(c)
The taking or soliciting of orders for the above-described liquors is within the inhibition of this section, although the orders are subject to approval by some other person, and no part of the price is paid, nor any part of the goods is delivered when the order is taken.
(d)
If such order is in writing, parol evidence thereof is admissible without producing or accounting for the absence of the original.
(e)
Upon conviction, any person, firm, or corporation violating any of the provisions of this section, except as otherwise expressly provided in this section, shall be guilty of a Class B misdemeanor.
Acts 1917, No. 13, §§ 10, 19, p. 41; 1919, No. 87, § 5[7]; C. & M. Dig., §§ 6174, 6183; Pope's Dig., § 14155; A.S.A. 1947, §§ 48-916, 48-917; Acts 2005, No. 1994, § 370.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 3 - PROHIBITED PRACTICES (§§ 3-3-101 — 3-3-405) › Subchapter 3 - DRY TERRITORIES (§§ 3-3-301 — 3-3-315) › Section 3-3-311 - Seizure and forfeiture of beverages authorized

(a)
All spirituous, vinous, or malt liquors or beverages found in the possession of any person violating this or any other alcoholic beverage control law of this state are declared to be contraband and shall be seized and forfeited.
(b)
Alcoholic or malt beverages subject to confiscation under this subchapter shall include those on which the Arkansas liquor excise tax has been paid as well as those on which the tax has not been paid.
(c)
The confiscation of alcoholic beverages hereunder shall be in addition to any other criminal penalties now or hereafter prescribed by law.
Acts 1947, No. 423, §§ 6, 11; A.S.A. 1947, §§ 48-925, 48-930.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 3 - PROHIBITED PRACTICES (§§ 3-3-101 — 3-3-405) › Subchapter 3 - DRY TERRITORIES (§§ 3-3-301 — 3-3-315) › Section 3-3-312 - Procedure upon seizure of beverages

(a)
All spirituous, vinous, or malt beverages found in the possession of any person in violation of the laws as provided in this subchapter shall be seized and immediately turned over to the mayor if seized within the city limits of a municipality by a law enforcement officer of that municipality. They shall be turned over to the county judge if seized without or within the city limits of any municipality by the sheriff or any Department of Arkansas State Police officer or any Alcoholic Beverage Control Enforcement Division agent.
(b)
The seized beverages are to be held by the mayor or county judge until such time as any municipal court of the county wherein the beverages were seized determines the beverages to be contraband and subject to sale.
(c)
The mayor or the county judge, as the case may be, shall cause a notice to be published. This shall be done within three (3) days after being authorized by the court to sell the seized intoxicating liquors. The notice shall be published in a newspaper having a countywide circulation and shall appear in the newspaper twice within a thirty-day period, fifteen (15) days apart. The notice shall contain a list of the beverages authorized to be sold by the court, the approximate retail value thereof, the person, if known, from whom taken, the place where seized, and the advice that the beverages will be sold by the mayor or the county judge, as the case may be, at the expiration of thirty (30) days from the first published notice.
Acts 1947, No. 423, § 7; 1969, No. 248, § 1; A.S.A. 1947, § 48-926.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 3 - PROHIBITED PRACTICES (§§ 3-3-101 — 3-3-405) › Subchapter 3 - DRY TERRITORIES (§§ 3-3-301 — 3-3-315) › Section 3-3-313 - Determination of interests in seized beverages

(a)
Any person claiming any interest in any alcoholic beverages seized under this subchapter may present a written petition. This may be done at any time within thirty (30) days from the date of seizure of the alcoholic beverages. The petition shall be presented to the municipal court of the county wherein the beverages were seized, shall set out the nature of the interest, and shall request that a hearing be held by the court to determine his or her right or interest therein.
(b)
The municipal judge of that court shall set a date for the hearing, which date shall be within ten (10) days from the date the hearing is requested, unless good and sufficient cause is shown and recorded for a further delay.
(c)
At the hearing all witnesses shall be duly sworn and the testimony recorded by a stenographer.
(d)
Within fifteen (15) days after the completion of the hearing, the municipal judge shall enter his or her written findings of fact and order upon the testimony so presented.
(e)
The findings of fact and order of the municipal judge may be appealed to the circuit court of the county wherein the alcoholic beverages were seized. Appeal may be had by filing a transcript of record of the hearing held before the judge with the court within fifteen (15) days after the municipal judge's order has been duly entered.
(f)
The circuit court shall hear no new evidence on this appeal and shall render its judgment only on errors of law.
(g)
An appeal from the judgment of the circuit court may be taken as provided by law.
Acts 1947, No. 423, §§ 8, 9; 1969, No. 248, §§ 2, 3; A.S.A. 1947, §§ 48-927, 48-928.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 3 - PROHIBITED PRACTICES (§§ 3-3-101 — 3-3-405) › Subchapter 3 - DRY TERRITORIES (§§ 3-3-301 — 3-3-315) › Section 3-3-314 - Sale of confiscated beverages

(a)
Immediately upon the expiration of thirty (30) days from the date of the first notice provided in §
3-3-312
, the mayor or the county judge, as the case may be, shall immediately notify licensed liquor wholesalers and retailers in the county, or, if the county is dry, then the licensed liquor wholesalers and retailers in the nearest wet county, that the contraband will be sold to the highest bidder and shall request all licensed liquor wholesalers and retailers to submit sealed bids.
(b)
No confiscated alcoholic beverages shall be sold at less than fifty percent (50%) of the retailers' selling price of such liquor as defined in Acts 1949, No. 282, § 4, as amended [repealed].
(c)
In the event that alcoholic beverages are confiscated upon which the Arkansas tax has not been paid, the retailer or wholesaler buying the beverages is required to pay the tax.
(d)
All funds derived from the sale of the confiscated alcoholic beverages shall be deposited as follows:
(1)
Fifty percent (50%) in the general fund of the city or the county, as the case may be; and
(2)
Fifty percent (50%) thereof as general revenues in the State Treasury to the credit of the State Apportionment Fund. There the funds shall be allocated and distributed to the various funds, fund accounts, and accounts participating in general revenues in the respective proportions to each as provided by law and shall be used for the respective purposes set forth in the Revenue Stabilization Law, §
19-5-101
et seq.
(e)
The county or city officials are required to file a report at the end of each month with the Alcoholic Beverage Control Division showing the number of arrests, the amount of alcoholic beverages confiscated, and the amount of money collected from the sale of such beverages.
Acts 1947, No. 423, § 10, as added by Acts 1953, No. 118, § 36(D), as added by Acts 1971, No. 585, § 12; A.S.A. 1947, § 48-929.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 3 - PROHIBITED PRACTICES (§§ 3-3-101 — 3-3-405) › Subchapter 3 - DRY TERRITORIES (§§ 3-3-301 — 3-3-315) › Section 3-3-315 - Failure to surrender confiscated beverages

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.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 3 - PROHIBITED PRACTICES (§§ 3-3-101 — 3-3-405) › Subchapter 4 - ILLICIT MANUFACTURE AND EQUIPMENT (§§ 3-3-401 — 3-3-405) › Section 3-3-401 - Definition

(a)
As used in this subchapter, unless the context otherwise requires, "illicit still" means an apparatus designed for the unlawful manufacture of intoxicating liquor, which shall include an outfit or parts of an outfit commonly used, or intended to be used, in the distillation or manufacture of spirituous, vinous, or malt liquors and which is not duly registered in the office of the Commissioner of Internal Revenue.
(b)
The burden of proving that the still or apparatus is so registered shall be on the defendant or defendants under charge.
Acts 1935, No. 108, Art. 6, § 5; Pope's Dig., § 14138; A.S.A. 1947, § 48-937.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 3 - PROHIBITED PRACTICES (§§ 3-3-101 — 3-3-405) › Subchapter 4 - ILLICIT MANUFACTURE AND EQUIPMENT (§§ 3-3-401 — 3-3-405) › Section 3-3-402 - Manufacture, possession, and transportation

(a)
It shall be unlawful for any person, including any corporation or legal entity:
(1)
To own, possess, or knowingly transport any illicit still, still worm, or any apparatus or any substantial part of any illicit still designed for the unlawful manufacture of spirituous, vinous, or malt liquor;
(2)
To manufacture or engage in the manufacture of spirituous, vinous, or malt liquor in the State of Arkansas without obtaining a license to do so from the State of Arkansas and the United States; or
(3)
To own, possess, or knowingly transport any illicitly distilled spirituous, vinous, or malt liquors.
(b)
Any person committing an offense defined by this section is guilty of a Class D felony.
Acts 1949, No. 200, §§ 1, 2; 1961, No. 458, § 1; 1969, No. 475, § 2; 1975, No. 928, § 20; A.S.A. 1947, §§ 48-936.1, 48-936.2.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 3 - PROHIBITED PRACTICES (§§ 3-3-101 — 3-3-405) › Subchapter 4 - ILLICIT MANUFACTURE AND EQUIPMENT (§§ 3-3-401 — 3-3-405) › Section 3-3-403 - Seizure and forfeiture of vehicles

(a)
All vehicles or vessels used in the transportation or storage of any illicitly distilled spirituous, vinous, or malt liquor or any illicit still, still worm, or other apparatus designed for the unlawful manufacture of spirituous, vinous, or malt liquor shall be seized and forfeited and shall be sold by the Director of the Alcoholic Beverage Control Division at public auction or to state agencies desiring to purchase the vehicles or vessels.
(b)
All proceeds derived from the sale of the seized and forfeited vehicles or vessels shall be special revenues and shall be deposited in the State Treasury to the credit of the Public School Fund.
Acts 1969, No. 475, § 3; A.S.A. 1947, § 48-936.3.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 3 - PROHIBITED PRACTICES (§§ 3-3-101 — 3-3-405) › Subchapter 4 - ILLICIT MANUFACTURE AND EQUIPMENT (§§ 3-3-401 — 3-3-405) › Section 3-3-404 - Destruction and sale of still

(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.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 3 - PROHIBITED PRACTICES (§§ 3-3-101 — 3-3-405) › Subchapter 4 - ILLICIT MANUFACTURE AND EQUIPMENT (§§ 3-3-401 — 3-3-405) › Section 3-3-405 - Defendant's reputation as evidence

In any prosecution or proceeding for any violation of this act, the general reputation of the defendant for moonshining, bootlegging, or being engaged in the illicit manufacture of or trade in intoxicating liquors shall be admissible in evidence against the defendant.
Acts 1935, No. 108, Art. 6, § 7; Pope's Dig., § 14140; A.S.A. 1947, § 48-940.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 4 - ALCOHOLIC BEVERAGES GENERALLY - PERMITS (§§ 3-4-101 — 3-4-1003) › Subchapter 1 - GENERAL PROVISIONS (§§ 3-4-101 — 3-4-109) › Section 3-4-101 - Permit required

(a)
Vinous (except wines), spirituous, or malt liquors or hard cider shall not be manufactured in this state for storage or sale at retail within the state without a permit issued by the Director of the Alcoholic Beverage Control Division.
(b)
A person shall not sell vinous, spirituous, or malt liquors or hard cider in this state, except as provided in this act. However, the provisions of this act shall not apply to the manufacture, sale, and distribution of wines in this state.
Amended by Act 2019, No. 691,§ 3, eff. 7/24/2019.
Acts 1935, No. 108, Art. 3, § 2; Pope's Dig., § 14105; A.S.A. 1947, § 48-302.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 4 - ALCOHOLIC BEVERAGES GENERALLY - PERMITS (§§ 3-4-101 — 3-4-1003) › Subchapter 1 - GENERAL PROVISIONS (§§ 3-4-101 — 3-4-109) › Section 3-4-102 - Exhibition of permit

(a)
Before commencing or doing any business for the time for which a permit has been issued, the permit shall be enclosed in a suitable wood or metal frame having a clear glass space and a substantial wood or metal back so that the whole of the permit may be seen therein. The permit shall be posted upon and at all times displayed in a conspicuous place in the room where the business is carried on, so that all persons visiting the place may readily see it.
(b)
It shall be unlawful for any person holding a permit to post the permit or allow the permit to be posted upon premises other than the premises permitted or upon premises where traffic in beer, wine, or liquor is being carried on by any person other than the permittee or knowingly to deface, destroy, or alter any permit in any respect.
Acts 1935, No. 108, Art. 3, § 20; Pope's Dig., § 14125; A.S.A. 1947, § 48-320.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 4 - ALCOHOLIC BEVERAGES GENERALLY - PERMITS (§§ 3-4-101 — 3-4-1003) › Subchapter 1 - GENERAL PROVISIONS (§§ 3-4-101 — 3-4-109) › Section 3-4-103 - Fiduciaries - Continuation of permitted business

(a)
If a corporation or copartnership holding a permit under this act shall be dissolved, or if a receiver or assignee for the benefit of creditors is appointed therefor, or if a receiver or assignee for the benefit of creditors or a committee of the property of an individual holding a permit is appointed during the time for which the permit was granted, or if a person holding a permit dies during the term for which the permit was given, then the corporation, copartnership, receiver, or assignee, or the administrator or executor of the estate of the individual, or a committee of the property of a person adjudged to be incompetent may continue to carry on the business upon the premises for a period not to exceed twenty-four (24) months from such date of dissolution or appointment or death. The successors in interest shall be allowed to renew the permit as if the original permittee were still in place and the said successor in interest may operate the said business with the same right and subject to the same restrictions and liabilities as if he or she had been the original applicant for and the original holder of the permit, provided the approval of the Director of the Alcoholic Beverage Control Division shall be first obtained.
(b)
Before continuing the business, the receiver, assignee, individual, or committee shall file a statement setting forth in such form and substance as the director may prescribe by rule the facts and circumstances by which they have succeeded to the rights of the original permittee.
(c)
The director may, in his or her discretion, permit the continuance of the business or may refuse to do so.
(d)
In the event that the director determines to permit the continuance of the business, the permit shall be submitted to the director, and shall have written or stamped across the face of the permit, and signed by the director, the following words:
"(Here insert the name of the person) is permitted to manufacture or sell (as the case may be) malt, vinous, or spirituous liquors, as (here insert the representative capacity, whether as assignee, receiver, executor, administrator, or otherwise) of the original permittee for the unexpired term."
(e)
For each endorsement, a fee of five dollars ($5.00) shall be paid to the Secretary of the Department of Finance and Administration by the applicant, which shall be paid into the same fund as other permit fees herein provided.
Amended by Act 2019, No. 910,§ 3305, eff. 7/1/2019.
Acts 1935, No. 108, Art. 3, § 19; Pope's Dig., § 14124; A.S.A. 1947, § 48-319; Acts 1995, No. 652, § 7.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 4 - ALCOHOLIC BEVERAGES GENERALLY - PERMITS (§§ 3-4-101 — 3-4-1003) › Subchapter 1 - GENERAL PROVISIONS (§§ 3-4-101 — 3-4-109) › Section 3-4-104 - Sale by fiduciaries or insurers

(a)
Any person, including an individual, partnership, association, or corporation, not otherwise a licensed dealer in alcoholic beverages, lawfully coming into possession of any alcoholic beverages as executor, administrator, trustee, or other fiduciary, as surety for or in payment of a debt, or as an insurer or its transferees or assigns for the salvage or liquidation of an insured casualty or damage or loss, may sell the beverages in one (1) lot or parcel to a duly licensed wholesale or retail dealer without qualifying as a dealer.
(b)
However, immediately after taking possession of the alcoholic beverages, the person shall register with the Alcoholic Beverage Control Division and furnish a detailed list of the alcoholic beverages and post with the division a bond, in an amount the division deems sufficient to protect the state from any taxes due on the alcoholic beverages.
(c)
The person shall pay to the division a registration fee of ten dollars ($10.00), which fee shall permit the sale of only the alcoholic beverages detailed in the registration request.
(d)
The fee shall be deposited to the credit of the general revenue of the State of Arkansas.
(e)
Whenever any beer is to be sold pursuant to this section, which shall have been involved in a fire, wreck, or similar casualty, then each bottle, can, or container of beer shall be labeled or otherwise identified, under the supervision of the Alcoholic Beverage Control Board or its successor, as distress merchandise salvaged from a fire, wreck, or similar casualty.
Acts 1959, No. 463, §§ 1, 2; A.S.A. 1947, §§ 48-342, 48-343.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 4 - ALCOHOLIC BEVERAGES GENERALLY - PERMITS (§§ 3-4-101 — 3-4-1003) › Subchapter 1 - GENERAL PROVISIONS (§§ 3-4-101 — 3-4-109) › Section 3-4-105 - Temporary permits

(a)
(1)
The Alcoholic Beverage Control Division may issue a temporary permit for the sale of alcoholic beverages within categories set out in subsection (b) of this section at a function sponsored by or for the benefit of a nonprofit organization or charitable organization.
(2)
A temporary permit issued under this subsection may be issued for a period of time not to exceed five (5) consecutive days.
(3)
An application for a temporary permit issued under this subsection shall meet the requirements as established by the Director of the Alcoholic Beverage Control Division and set out in the application.
(b)
(1)
The categories and application fees for temporary permits issued under subsection (a) of this section are as follows:
(A)
Temporary beer permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of beer;
(B)
Temporary wine permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of wine;
(C)
Temporary spirit permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of spirituous alcoholic beverages; and
(D)
Temporary hard cider permit - Fifty dollars ($50.00) for each event for a temporary permit allowing the sale of hard cider.
(2)
A temporary permit issued under subsection (a) of this section is only for on-premises consumption at the event specified in the temporary permit.
(c)
An applicant may apply for one (1) or more of the temporary permits authorized in subsection (a) of this section for an event.
Amended by Act 2019, No. 691,§ 4, eff. 7/24/2019.
Acts 2009, No. 294, § 3.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 4 - ALCOHOLIC BEVERAGES GENERALLY - PERMITS (§§ 3-4-101 — 3-4-1003) › Subchapter 1 - GENERAL PROVISIONS (§§ 3-4-101 — 3-4-109) › Section 3-4-107 - Delivery of alcoholic beverages

(a)
The following permit holders may deliver or cause to be delivered alcoholic beverages directly to the private residence of a consumer twenty-one (21) years of age or older in a wet county or territorial subdivision during legal operating hours:
(1)
Retail liquor;
(2)
Microbrewery-restaurant; and
(3)
Small brewery.
(b)
The permit holder authorized under subsection (a) of this section shall not deliver or cause to be delivered alcoholic beverages to an area outside of the county in which the permitted business is located.
(c)
Alcoholic beverages shall be delivered by an employee of the permit holder and shall not be delivered through a third-party delivery system.
Added by Act 2021, No. 158,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 4 - ALCOHOLIC BEVERAGES GENERALLY - PERMITS (§§ 3-4-101 — 3-4-1003) › Subchapter 1 - GENERAL PROVISIONS (§§ 3-4-101 — 3-4-109) › Section 3-4-109 - Expansion of outdoor dining at restaurants and bars - Definitions

(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.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 4 - ALCOHOLIC BEVERAGES GENERALLY - PERMITS (§§ 3-4-101 — 3-4-1003) › Subchapter 2 - ISSUANCE AND TERMS (§§ 3-4-201 — 3-4-223) › Section 3-4-202 - City and county licenses and taxes

(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.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 4 - ALCOHOLIC BEVERAGES GENERALLY - PERMITS (§§ 3-4-101 — 3-4-1003) › Subchapter 2 - ISSUANCE AND TERMS (§§ 3-4-201 — 3-4-223) › Section 3-4-204 - [Repealed]

Repealed by Act 2013, No. 527,§ 3, eff. 8/16/2013.
Acts 1967, No. 336, § 1; A.S.A. 1947, § 48-310.1.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 4 - ALCOHOLIC BEVERAGES GENERALLY - PERMITS (§§ 3-4-101 — 3-4-1003) › Subchapter 2 - ISSUANCE AND TERMS (§§ 3-4-201 — 3-4-223) › Section 3-4-205 - Interest in other permits prohibited - Exceptions

(a)
For purposes of this section, the term "vested permits" is defined as those multiple retail liquor permits which were lawfully issued to any person, firm, or corporation prior to July 19, 1971.
(b)
(1)
(A)
No retail liquor permit shall be issued, either as a new permit or as a replacement of an existing permit, to any person, firm, or corporation if the person, firm, or corporation has any interest in another retail liquor permit, regardless of the degree of interest.
(B)
A retail liquor permit shall apply only to one (1) location, and a person, firm, or corporation shall not be permitted to receive any direct or indirect financial benefit from the sale of liquor at any location other than the permitted location.
(2)
However, notwithstanding this prohibition, any retail liquor permits held by any person, firm, or corporation on July 19, 1971, which continue to be held by any person, firm, or corporation having an interest in more than one (1) retail liquor permit on August 13, 1993, shall be vested permits.
(c)
(1)
Holders of vested permits may not sell, convey, assign, or devise any such interest in multiple retail liquor permitted businesses to any person or persons, firm, or corporation which, on the date of any such transfer, already has any ownership interest in a permitted retail liquor business.
(2)
However, holders of vested permits shall be allowed to sell, convey, assign, or devise any such interest in multiple retail liquor permitted businesses to any other person or persons, firm, or corporation, thereby creating an ownership interest in more than one (1) retail liquor permit to any such subsequent purchasers, assignees, or devisees without violating any of the provisions hereinabove.
(d)
A holder of a vested permit may brand each of the businesses that is operated under the vested permit with the same name or logo, or both.
Amended by Act 2015, No. 1142,§ 1, eff. 7/22/2015.
Acts 1971, No. 106, § 2; A.S.A. 1947, § 48-310.2; Acts 1993, No. 433, § 1; 2011, No. 70, § 1.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 4 - ALCOHOLIC BEVERAGES GENERALLY - PERMITS (§§ 3-4-101 — 3-4-1003) › Subchapter 2 - ISSUANCE AND TERMS (§§ 3-4-201 — 3-4-223) › Section 3-4-206 - Operation of retail liquor business near church or schoolhouse prohibited - Definitions

(a)
As used in this section:
(1)
"Church" means a church and all immediately adjacent property owned or leased by the church that is used for church purposes; and
(2)
(A)
"Schoolhouse" means:
(i)
A facility owned and operated by a public or private school or an open-enrollment charter school; and
(ii)
A public or private daycare facility licensed by the State of Arkansas.
(B)
"Schoolhouse" does not include a home school.
(b)
(1)
No new permit to engage in the retail liquor business in this state may be issued by the Director of the Alcoholic Beverage Control Division for the location of any business situated within one thousand feet (1,000') of any church or schoolhouse property line.
(2)
No existing permit to engage in the retail liquor business in this state may be transferred to a location within one thousand feet (1,000') of any church or schoolhouse property line.
(3)
The distance specified in subdivisions (b)(1) and (2) of this section shall be measured by nearest property line point to nearest property line point.
(4)
Subdivisions (b)(1) and (2) of this section apply only to an application for a new permit or the transfer of an existing permit filed with the Alcoholic Beverage Control Board after August 1, 2015.
(c)
If a preliminary inspection by personnel of the Alcoholic Beverage Control Division indicates that a proposed location for a retail liquor business appears from any point to be situated between nine hundred feet (900') and one thousand one hundred feet (1,100') of a church or schoolhouse property line, the permit applicant shall submit to the division a survey of the location performed by a licensed surveyor before a permit is issued for the retail liquor business.
Amended by Act 2019, No. 983,§ 2, eff. 7/24/2019.
Amended by Act 2017, No. 491,§ 1, eff. 8/1/2017.
Amended by Act 2015, No. 1172,§ 1, eff. 7/22/2015.
Acts 1975, No. 699, § 1; A.S.A. 1947, § 48-345; Acts 2001, No. 1072, § 1.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 4 - ALCOHOLIC BEVERAGES GENERALLY - PERMITS (§§ 3-4-101 — 3-4-1003) › Subchapter 2 - ISSUANCE AND TERMS (§§ 3-4-201 — 3-4-223) › Section 3-4-207 - Ineligible persons

The following persons described in this section shall not receive a permit under this title:
(1)
A person who has been convicted of an excluded felony;
(2)
A person under twenty-one (21) years of age;
(3)
A person who is not a citizen or resident alien of the United States;
(4)
A copartnership, unless all members of such copartnership are citizens or resident aliens of the United States;
(5)
A person who had his or her permit issued under this title revoked for cause or who has been convicted of a violation of this act until the expiration of two (2) years from the date of such revocation or conviction; or
(6)
A corporation or copartnership, if any of its officers or members have been convicted of a violation of this title or have had a permit issued under this title revoked for cause until two (2) years from the date of the conviction or revocation.
Amended by Act 2017, No. 739,§ 2, eff. 8/1/2017.
Acts 1935, No. 108, Art. 3, § 11; Pope's Dig., § 14115; Acts 1945, No. 239, § 1; A.S.A. 1947, § 48-314; Acts 1991, No. 606, § 1; 1995, No. 652, § 8.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 4 - ALCOHOLIC BEVERAGES GENERALLY - PERMITS (§§ 3-4-101 — 3-4-1003) › Subchapter 2 - ISSUANCE AND TERMS (§§ 3-4-201 — 3-4-223) › Section 3-4-209 - Applications - Contents

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.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 4 - ALCOHOLIC BEVERAGES GENERALLY - PERMITS (§§ 3-4-101 — 3-4-1003) › Subchapter 2 - ISSUANCE AND TERMS (§§ 3-4-201 — 3-4-223) › Section 3-4-211 - Applications - Protests

Upon receipt by the Director of the Alcoholic Beverage Control Division within thirty (30) days of a protest against issuance of a permit by a governing official of the city or county to whom the notice of an application for permit has been mailed, the director shall not issue the license until he or she has held a public hearing.
Acts 1935, No. 108, Art. 3, § 7; Pope's Dig., § 14111; Acts 1945, No. 239, § 1; 1967, No. 239, § 1; 1973, No. 189, § 1; 1981, No. 790, § 4; A.S.A. 1947, § 48-311; Acts 2007, No. 735, § 2.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 4 - ALCOHOLIC BEVERAGES GENERALLY - PERMITS (§§ 3-4-101 — 3-4-1003) › Subchapter 2 - ISSUANCE AND TERMS (§§ 3-4-201 — 3-4-223) › Section 3-4-212 - Applications - Denial

(a)
On all permit applications and administrative applications processed by the Alcoholic Beverage Control Division, in the event that any such application is denied, one-half (½) of the stated amount of fee will be retained by the State of Arkansas to cover the costs of investigation and administrative processing of applications.
(b)
The remainder will be refunded to the applicant pursuant to established administrative procedures.
Acts 1983, No. 675, § 5; A.S.A. 1947, § 48-311.1.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 4 - ALCOHOLIC BEVERAGES GENERALLY - PERMITS (§§ 3-4-101 — 3-4-1003) › Subchapter 2 - ISSUANCE AND TERMS (§§ 3-4-201 — 3-4-223) › Section 3-4-213 - Applications - Appeals

Any appeal from an order of the Director of the Alcoholic Beverage Control Division or the Alcoholic Beverage Control Board shall be made to the circuit court of the county in which the premises are situated or the Pulaski County Circuit Court. Appeals shall be governed by the terms of the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Acts 1935, No. 108, Art. 3, § 7; Pope's Dig., § 14111; Acts 1945, No. 239, § 1; 1967, No. 239, § 1; 1973, No. 189, § 1; 1981, No. 790, § 4; A.S.A. 1947, § 48-311.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 4 - ALCOHOLIC BEVERAGES GENERALLY - PERMITS (§§ 3-4-101 — 3-4-1003) › Subchapter 2 - ISSUANCE AND TERMS (§§ 3-4-201 — 3-4-223) › Section 3-4-214 - Contents of permits

A permit shall contain, in addition to any further information or material to be prescribed by the rules of the Alcoholic Beverage Control Division, the following:
(1)
The name of the person to whom the permit is issued;
(2)
The kind of permit and what kind of traffic in vinous or spirituous or malt liquors is thereby permitted;
(3)
A description by street and number or otherwise of the permitted premises;
(4)
A statement in substance that the permit shall not be deemed a property or vested right and that it may be revoked at any time pursuant to law; and
(5)
The name and address of the owner of the premises. Upon a change in the ownership, the permittee or the new owner may file notice to that effect in writing with the Director of the Alcoholic Beverage Control Division on forms to be provided by the director for that purpose.
Amended by Act 2019, No. 315,§ 46, eff. 7/24/2019.
Acts 1935, No. 108, Art. 3, § 9; Pope's Dig., § 14113; Acts 1953, No. 49, § 1; A.S.A. 1947, § 48-313.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 4 - ALCOHOLIC BEVERAGES GENERALLY - PERMITS (§§ 3-4-101 — 3-4-1003) › Subchapter 2 - ISSUANCE AND TERMS (§§ 3-4-201 — 3-4-223) › Section 3-4-216 - Renewal

(a)
All permits issued by the Alcoholic Beverage Control Division authorizing the dispensing, sale, or manufacture of alcoholic beverages are renewable on or before June 30 of each calendar year for the fiscal year beginning July 1.
(b)
Any person holding a permit who desires to renew the permit after June 30 shall be required to pay a late renewal penalty in the amount of one half (½) of the required yearly renewal fee for the permit for each sixty-day period, or any portion thereof, after June 30, wherein the renewal is tendered, in addition to the amount of the yearly fee.
(c)
Division permits may be renewed late by paying the stated penalty beginning July 1 and ending October 28 of each fiscal year.
(d)
No permit shall be renewed by the division for the current fiscal year after October 28.
(e)
No permit or license issued by the Alcoholic Beverage Control Board to sell intoxicating liquor, beer, or any other form of alcoholic beverage shall be renewed by the division for a permit or license holder who is delinquent more than ninety (90) days on any alcoholic beverage sales tax, excise tax, supplemental mixed drink tax, or any other taxes relating to the sale or dispensation of alcoholic beverages, or any state and local gross receipts or compensating use taxes.
Acts 1983, No. 420, § 1; A.S.A. 1947, § 48-313.1; Acts 1989, No. 300, § 1; 1993, No. 779, § 3; 1997, No. 1010, § 1; 1997, No. 1060, § 1; 1999, No. 319, § 1.