Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 2 - ADMINISTRATION AND ENFORCEMENT (§§ 3-2-101 — 3-2-414) › Subchapter 4 - DISTRIBUTION (§§ 3-2-401 — 3-2-414) › Section 3-2-403 - Spirituous and vinous beverages - Registration of brands and labels - Designation of licensed wholesaler - Definition

(a)
As used in this section, "brand label" means the label carrying the distinctive design of a brand name of a spirituous liquor or vinous liquor.
(b)
(1)
Every manufacturer, importer, or producer of spirituous and vinous beverages, as defined by §
3-1-102
, doing business in the State of Arkansas shall submit to the Alcoholic Beverage Control Division one (1) United States Alcohol and Tobacco Tax and Trade Bureau Certificate of Label Approval for each brand of spirituous and vinous beverages and the brand label extension of each brand of spirituous and vinous beverages to be shipped for the first time by the shipper into or within the state and shall designate in the application for registration one (1) licensed liquor wholesaler in the state, who shall be the exclusive distributor of such brand or label within the state. Such designated wholesaler shall be initially approved by the Director of the Alcoholic Beverage Control Division and shall not be changed or initially disapproved except for good cause, and the director shall determine good cause after a hearing pursuant to the provisions set out in this subchapter. Any brands or labels previously registered in this state and which have subsequently been withdrawn from distribution in this state shall be treated in the same manner as the initial registration of brands or labels and are subject to the provisions of this section.
(2)
A brand label and a brand label extension shall be registered by the supplier before the first shipment of each brand label and brand label extension into or within the state on or after July 1, 2013.
(3)
Spirituous liquor beverages classified as a ready-to-drink product containing spirituous liquor with a final finished product of no greater than fifteen percent (15%) alcohol by weight may be registered under §
3-2-409
pursuant to rules adopted by the division.
(c)
A copy of the United States Alcohol and Tobacco Tax and Trade Bureau Certificate of Label Approval for each brand label and brand label extension shall be submitted with the registration of each brand label and brand label extension.
(d)
The registration of a brand label and a brand label extension shall:
(1)
Be in writing or electronically submitted as prescribed by the director;
(2)
Be verified if it is submitted in writing; and
(3)
Set forth information as the director requires.
(e)
Each United States Alcohol and Tobacco Tax and Trade Bureau Certificate of Label Approval submitted for registration shall be accompanied by a registration fee of fifteen dollars ($15.00) payable by check, cash, money order, or electronic payment.
(f)
The registration shall be renewed annually.
(g)
The division shall promulgate rules to administer and implement this section.
Amended by Act 2021, No. 578,§ 1, eff. 7/28/2021.
Amended by Act 2013, No. 1105,§ 1, eff. 8/16/2013.
Acts 1991, No. 260, § 2.