reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 11 - BEER - WHOLESALERS AND SUPPLIERS (§§ 3-5-1101 — 3-5-1111) › Section 3-5-1106 - Civil action for violations - Damages - Venue

(a)
If a supplier or wholesaler engages in conduct prohibited under this subchapter, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct.
(b)
A supplier or wholesaler that violates any provision of this subchapter shall be liable for all actual damages and all court costs and, in the court's discretion, reasonable attorney's fees incurred by a wholesaler as a result of that violation.
(c)
A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to this subchapter.
(d)
Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of this subchapter.
(e)
Any legal action taken under this subchapter or in a dispute over the provisions of an agreement, shall be filed in a court, state or federal, located in Arkansas, which state court is located in or which federal court has jurisdiction and venue of the county in which the wholesaler maintains its principal place of business in this state.
Acts 1991, No. 8, § 10; 1991, No. 866, § 10.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 11 - BEER - WHOLESALERS AND SUPPLIERS (§§ 3-5-1101 — 3-5-1111) › Section 3-5-1109 - Prohibited acts by wholesaler

A wholesaler shall not do any of the following:
(1)
Fail to devote such efforts and resources to the sale and distribution of all the supplier's brands of beer which the wholesaler has been granted the right to sell or distribute as are required in the wholesaler's agreement with the supplier;
(2)
(A)
Sell or deliver beer to a retail licensee located outside the sales territory designated to the wholesaler by the supplier of a particular brand or brands of beer.
(B)
(i)
Provided, however, during periods of temporary service interruptions impacting a particular sales territory, a supplier may appoint another wholesaler to service the sales territory during the period of temporary service interruption.
(ii)
A wholesaler who is designated to service the impacted sales territory during the period of temporary service interruption shall not be in violation of this subchapter and shall not have any of the rights provided under §§
3-5-1108
and
3-5-1111
with respect to the temporary service territory.
(3)
(A)
Transfer the wholesaler's business without giving the supplier written notice of intent to transfer the wholesaler's business and, where required by this subchapter, receiving the supplier's approval for the proposed transfer.
(B)
Provided, consent or approval of the supplier shall not be required of any transfer of the wholesaler's business to a designated member, or of any transfer of less than ten percent (10%) of the wholesaler's business unless such transfer results in a change in control.
(C)
Provided, however, that the wholesaler shall give the supplier written notice of any change in ownership of the wholesaler.
Acts 1991, No. 8, § 4; 1991, No. 866, § 4.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 11 - BEER - WHOLESALERS AND SUPPLIERS (§§ 3-5-1101 — 3-5-1111) › Section 3-5-1110 - Transfer of wholesaler's business - Interference prohibited

(a)
(1)
(A)
Upon written notice of intent to transfer the wholesaler's business, any individual owning or deceased individual who owned an interest in a wholesaler may transfer the wholesaler's business to a designated member or to any other person who meets the nondiscriminatory, material, and reasonable qualifications and standards required by the supplier for similarly situated wholesalers.
(B)
The consent or approval of the supplier shall not be required of any transfer of the wholesaler's business, including the assignment of the wholesaler's rights under the agreement, to a designated member shall not be withheld or unreasonably delayed to a proposed transferee who meets such nondiscriminatory, material, and reasonable qualifications and standards.
(2)
Provided, such designated member or transferee shall in no event be qualified as a transferee without the written approval or consent of the supplier where such proposed transferee shall have been involved in any of the following:
(A)
Insolvency, filing of any voluntary or involuntary petition under any bankruptcy or receivership law, or execution of an assignment for the benefit of creditors;
(B)
Revocation or suspension of an alcoholic beverage license by the regulatory agency of the United States Government or any state, whereby service was interrupted for more than thirty-one (31) days;
(C)
Conviction of the proposed transferee or any owner thereof of a felony under the United States Code or the laws of any state which reasonably may adversely affect the good will or interest of the wholesaler or supplier; or
(D)
Had an agreement involuntarily terminated, cancelled, not renewed, or discontinued by a supplier for good cause.
(b)
The supplier shall not interfere with, prevent, or unreasonably delay the transfer of the wholesaler's business, including an assignment of wholesaler's rights under the agreement, if the proposed transferee is a designated member or if the transferee other than a designated member meets such nondiscriminatory, material and reasonable qualifications and standards required by the supplier for similarly situated wholesalers. Where the transferee is other than a designated member, the supplier may in good faith and for good cause related to the reasonable qualifications refuse to accept the transfer of the wholesaler's business or the assignment of the wholesaler's rights under the agreement.
Acts 1991, No. 8, § 6; 1991, No. 866, § 6.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 12 - MICROBREWERY - RESTAURANTS (§§ 3-5-1201 — 3-5-1208) › Section 3-5-1201 - Legislative determinations and intent

(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.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 12 - MICROBREWERY - RESTAURANTS (§§ 3-5-1201 — 3-5-1208) › Section 3-5-1203 - Effect on other laws

Every provision of this subchapter shall be subject to all beer, malt beverage, hard cider, or ready-to-drink product laws and rules, except that conflicting beer, malt beverage, hard cider, or ready-to-drink product laws and rules shall be inapplicable to any provision of this subchapter to the extent that they conflict herewith.
Amended by Act 2023, No. 169,§ 4, eff. 8/1/2023.
Amended by Act 2019, No. 315,§ 78, eff. 7/24/2019.
Acts 1991, No. 611, § 1; 1995, No. 491, § 2.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 12 - MICROBREWERY - RESTAURANTS (§§ 3-5-1201 — 3-5-1208) › Section 3-5-1205 - Fees and taxes

A microbrewery-restaurant licensee shall:
(1)
Pay any applicable city or county license or permit fees and barrelage or taxes and shall pay a state licensing fee to the Alcoholic Beverage Control Division of seven hundred fifty dollars ($750) per fiscal year to manufacture and sell its beer, malt beverages, ready-to-drink product, and hard cider for consumption both on and off the premises and to sell any other beer, malt beverages, ready-to-drink product, and hard cider purchased from a licensed wholesaler for consumption on the premises;
(2)
Measure beer, malt beverages, ready-to-drink product, and hard cider manufactured by the microbrewery, otherwise comply with applicable rules respecting excise and enforcement tax determination of the beer, malt beverages, ready-to-drink product, and hard cider, and pay any applicable bond or deposit and the amount of the state excise tax and enforcement tax to this state, but free from the fees and taxes provided in §
3-5-205
, and as required by §§
3-7-104
and
3-7-111
; and
(3)
Pay a tax at the rate of seven dollars and fifty cents ($7.50) per barrel, and proportionately for larger and smaller gallonages per barrel, on all beer, malt beverages, and hard cider in quantities of up to forty-five thousand (45,000) barrels per year produced and sold or offered for sale in the state.
Amended by Act 2023, No. 169,§ 7, eff. 8/1/2023.
Amended by Act 2019, No. 315,§ 79, eff. 7/24/2019.
Amended by Act 2017, No. 308,§ 2, eff. 8/1/2017.
Amended by Act 2015, No. 857,§ 6, eff. 3/31/2015.
Acts 1991, No. 611, § 1; 1995, No. 491, § 4; 1997, No. 916, § 2; 1999, No. 319, § 2; 2009, No. 294, § 15.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 12 - MICROBREWERY - RESTAURANTS (§§ 3-5-1201 — 3-5-1208) › Section 3-5-1206 - Licenses - Application

No microbrewery-restaurant license shall be issued unless the applicant shall file with the Director of the Alcoholic Beverage Control Division a verified application, in such form and with such content as the director shall require, accompanied by payment of the applicable fee.
Acts 1991, No. 611, § 1.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 12 - MICROBREWERY - RESTAURANTS (§§ 3-5-1201 — 3-5-1208) › Section 3-5-1207 - Operation without license prohibited

It shall be unlawful and constitute a Class A misdemeanor for any person not holding a valid microbrewery-restaurant license to operate as a microbrewery-restaurant as herein provided.
Acts 1991, No. 611, § 1; 2005, No. 1994, § 193.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 12 - MICROBREWERY - RESTAURANTS (§§ 3-5-1201 — 3-5-1208) › Section 3-5-1208 - Rules

The Director of the Alcoholic Beverage Control Division, the Alcoholic Beverage Control Board, and the Secretary of the Department of Finance and Administration, and any other applicable agency of this state, shall promulgate and adopt such rules as they deem necessary for the implementation of this subchapter, which rules may consist in whole or in part of the federal regulations.
Amended by Act 2019, No. 315,§ 80, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3324, eff. 7/1/2019.
Acts 1991, No. 611, § 1.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 13 - NONRESIDENT BEER SELLER'S PERMITS (§§ 3-5-1301 — 3-5-1310) › Section 3-5-1301 - Short title

This subchapter shall be known as the "Nonresident Beer Seller's Permit Act of 1995".
Acts 1995, No. 537, § 1.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 13 - NONRESIDENT BEER SELLER'S PERMITS (§§ 3-5-1301 — 3-5-1310) › Section 3-5-1302 - Definitions

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.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 13 - NONRESIDENT BEER SELLER'S PERMITS (§§ 3-5-1301 — 3-5-1310) › Section 3-5-1303 - When permit required

(a)
A nonresident seller's permit is required of any manufacturer, brewery, supplier, or other such person who sells or distributes beer or malt to any wholesale dealer and distributor, regardless of whether the sale is consummated inside or outside this state.
(b)
(1)
The holder of a nonresident seller's permit may also apply for and receive a wholesaler support center permit.
(2)
An applicant for a wholesaler support center permit must also be the holder of a nonresident seller's permit.
Acts 1995, No. 537, § 3; 1999, No. 96, § 2.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 13 - NONRESIDENT BEER SELLER'S PERMITS (§§ 3-5-1301 — 3-5-1310) › Section 3-5-1304 - Authorized transactions

(a)
The holder of a nonresident seller's permit is authorized to:
(1)
Solicit and take orders for beer or malt from a wholesale dealer and distributor; and
(2)
Ship or cause to be shipped into this state beer or malt in consummation of a sale made to a wholesale dealer or distributor.
(b)
Any other provisions of this title notwithstanding, the holder of a wholesaler support center permit is also authorized to:
(1)
Solicit and take orders for beer or malt from a wholesaler dealer and distributor;
(2)
Ship or cause to be shipped into this state to the premises of the wholesaler support center non-tax paid beer or malt for storage and resale to a wholesale dealer or distributor within or without this state;
(3)
Fill orders for beer or malt from in-state wholesale dealers or distributors provided that the receiving in-state wholesaler or distributor pays all applicable state taxes in the same manner as would apply had the wholesaler purchased from an out-of-state nonresident seller permit holder;
(4)
Pay to or compensate a wholesaler or distributor for rented or leased space within the wholesaler's premises for the storage of beer or malt within the confines of the wholesaler support center; and
(5)
Compensate a wholesaler or distributor for the loading, unloading and handling of beer or malt and for administrative and other expenses associated with operating the wholesaler support center on the wholesaler's premises.
Acts 1995, No. 537, § 4; 1999, No. 96, § 3.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 13 - NONRESIDENT BEER SELLER'S PERMITS (§§ 3-5-1301 — 3-5-1310) › Section 3-5-1305 - Prohibited actions

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.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 13 - NONRESIDENT BEER SELLER'S PERMITS (§§ 3-5-1301 — 3-5-1310) › Section 3-5-1306 - Application for permit

(a)
Any manufacturer, importer, or other person desiring to obtain a nonresident seller's permit or wholesaler support center permit may make application for such to the Alcoholic Beverage Control Division on forms provided by the division.
(b)
(1)
(A)
In addition, every applicant for a nonresident seller's permit shall pay to the division an annual permit fee of three hundred fifty dollars ($350) if the applicant shipped, sold, or otherwise distributed fewer than two hundred (200) barrels, as defined for excise tax purposes under this Code, of any beer or malt in this state in the year immediately preceding the application.
(B)
If the applicant shipped, sold, or otherwise distributed in this state from two hundred (200) to one thousand (1,000) barrels in the year immediately preceding application, the applicant shall pay an annual permit fee of one thousand dollars ($1,000).
(C)
If the applicant shipped, sold, or otherwise distributed in this state more than one thousand (1,000) barrels in the year immediately preceding application, the applicant shall pay an annual permit fee of two thousand dollars ($2,000).
(2)
Each holder of a nonresident seller's permit shall pay the permit fee based on the previous calendar year's shipments into the state.
(c)
(1)
(A)
Each permit shall be valid for one (1) fiscal year which shall run from the first day of July to the last day of June.
(B)
Any applicant receiving a permit during the course of any fiscal year shall not be relieved of the obligation to pay the full amount of the annual permit fee.
(2)
(A)
As long as a permit has not been revoked or cancelled, it shall be renewable for successive years upon the payment of the appropriate annual permit fee on or before June 30 of each calendar year.
(B)
Any person not renewing the permit described in subsection (b) of this section on or before June 30 shall be subject to the penalties and provisions provided for in §
3-4-216
.
(d)
An applicant for a wholesaler support center permit shall pay an annual permit fee of two thousand dollars ($2,000).
Acts 1995, No. 537, § 6; 1999, No. 96, § 5; 2009, No. 294, § 16, 17.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 13 - NONRESIDENT BEER SELLER'S PERMITS (§§ 3-5-1301 — 3-5-1310) › Section 3-5-1307 - Wholesale dealers and distributors to import from nonresident seller permittees only

(a)
No wholesale dealer and distributor licensed under §
3-5-206
may purchase or order any malt beverage for importation into the state from any source other than one possessed of a nonresident seller's permit.
(b)
No such wholesale dealer and distributor may purchase or order any beer or malt liquor for importation into this state from any permittee whose permit has been revoked or suspended after such wholesaler has received notice of the revocation or suspension.
Acts 1995, No. 537, § 7.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 13 - NONRESIDENT BEER SELLER'S PERMITS (§§ 3-5-1301 — 3-5-1310) › Section 3-5-1308 - Nonresident seller to be primary American source of supply - Definition

(a)
No holder of a nonresident seller's permit or wholesaler support center permit may solicit, accept, or fill an order for beer or malt from a holder of any type of wholesaler's permit unless the nonresident seller or wholesaler support center permittee is the primary American source of supply for the brand of beer or malt which is ordered.
(b)
(1)
In this section, "primary American source of supply" shall mean:
(A)
(i)
The producer;
(ii)
The owner of the commodity at the time it becomes a marketable product; or
(iii)
The bottler; or
(B)
The exclusive agent of any of those.
(2)
To be the "primary American source of supply", the nonresident seller or wholesaler support center permittee must be the first source, that is, the closest source to the manufacturer, in the channel of commerce from whom the product can be secured by persons conducting business in Arkansas.
Acts 1995, No. 537, § 8; 1999, No. 96, § 6.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 13 - NONRESIDENT BEER SELLER'S PERMITS (§§ 3-5-1301 — 3-5-1310) › Section 3-5-1309 - Investigation of permittees

(a)
If a representative of the Alcoholic Beverage Control Division or the Revenue Division of the Department of Finance and Administration wishes to examine the book accounts, records, minutes, letters, memoranda, documents, checks, telegrams, constitution and bylaws, or other records of a nonresident seller's permittee or wholesaler support center permittee, he or she shall make a written request to the permittee or his or her duly authorized manager or representative or, if the permittee is a corporation, to any officer of the corporation.
(b)
When a request for an examination is made, the person to whom it is directed shall immediately allow the representative to conduct the examination.
(c)
The representative may investigate the organization, conduct, and management of any nonresident seller's permittee or wholesaler support center permittee and may make copies of any records which in the judgment of the representative may show or tend to show that the permittee has violated the law, a regulation, or the terms of his or her permit.
(d)
A representative may not make public any information obtained under this section except to a law enforcement officer of this state or in connection with an administrative or judicial proceeding in which the state or the Alcoholic Beverage Control Division is a party concerning the cancellation or suspension of a nonresident seller's permit or wholesaler support center permit, the collection of taxes due under state law, or the violation of state law.
(e)
The Alcoholic Beverage Control Division may revoke or suspend a nonresident seller's permit or wholesaler support center permit in accordance with this title if the permittee or his or her authorized representative fails or refuses to permit an examination authorized by this section or to permit the making of copies of any documents as provided by this section, without regard to whether the document is inside or outside the state, or if the permittee or his or her authorized representative fails or refuses to answer a question of an officer incident to an examination or investigation in progress.
Acts 1995, No. 537, § 9; 1999, No. 96, § 7.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 13 - NONRESIDENT BEER SELLER'S PERMITS (§§ 3-5-1301 — 3-5-1310) › Section 3-5-1310 - Administrative sanctions

(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.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 14 - ARKANSAS SMALL BREWERY ACT (§§ 3-5-1401 — 3-5-1418) › Section 3-5-1401 - Title

This subchapter shall be known and may be cited as the "Arkansas Small Brewery Act".
Amended by Act 2015, No. 857,§ 7, eff. 3/31/2015.
Acts 2003, No. 1805, § 1.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 14 - ARKANSAS SMALL BREWERY ACT (§§ 3-5-1401 — 3-5-1418) › Section 3-5-1402 - Legislative determinations and intent

(a)
The General Assembly finds that:
(1)
The creation and long-term success of small businesses in this state is vital to the continued economic well-being and prosperity of the State of Arkansas; and
(2)
All reasonable steps should be taken to retain, foster, and encourage small business and to create favorable conditions for small business in this state.
(b)
It is the intent and purpose of this subchapter to authorize the legal operation of native breweries in order to assure that these favorable conditions exist in this state.
Acts 2003, No. 1805, § 2.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 14 - ARKANSAS SMALL BREWERY ACT (§§ 3-5-1401 — 3-5-1418) › Section 3-5-1403 - Definitions

As used in this subchapter:
(1)
"Barrel" means thirty-one gallons (31 gals.);
(2)
"Beer" means any fermented liquor made from malt or any substitute having an alcoholic content of not more than five percent (5%) by weight;
(3)
"Brewery" means a small brewery or contract brewing company;
(4)
"Contract brewing company" means any licensed brewery that hires another company to produce a portion of its beer, malt beverage, or hard cider;
(5)
"Front-of-house employee" means an employee of a small brewery not involved in the production or transportation of brewery beer or wholesale activities of the brewery, including without limitation:
(A)
A bartender;
(B)
A host;
(C)
Kitchen staff;
(D)
Janitorial staff; and
(E)
Servers;
(6)
"Hard cider" means liquor brewed from the fermented juices of fruit and containing more than three percent (3%) and not more than twenty-one percent (21%) alcohol by weight;
(7)
"Malt beverage" means any liquor brewed from the fermented juices of grain and having an alcoholic content of no less than five percent (5%) nor more than twenty-one percent (21%) by weight;
(8)
"Person" means any natural person, partnership, association, or corporation;
(9)
"Restaurant" means a public or private place that:
(A)
Is kept, used, maintained, advertised, and held out to the public or to a private or restricted membership as a place where complete meals are actually and regularly served;
(B)
Provides adequate and sanitary kitchen and dining equipment;
(C)
Has a seating capacity of at least fifty (50) 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;
(10)
(A)
"Small brewery" means any licensed facility located in Arkansas that manufactures fewer than forty-five thousand (45,000) barrels of beer, malt beverage, and hard cider per year for sale or consumption.
(B)
"Small brewery" does not include a microbrewery-restaurant; and
(11)
"Small brewery tap room" means a small brewery off-premises retail site located in a wet territory holding a small brewery license.
Amended by Act 2017, No. 950,§ 3, eff. 8/1/2017.
Amended by Act 2015, No. 1237,§ 2, eff. 7/22/2015.
Amended by Act 2015, No. 857,§ 8, eff. 3/31/2015.
Acts 2003, No. 1805, § 3; 2009, No. 1459, § 1.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 14 - ARKANSAS SMALL BREWERY ACT (§§ 3-5-1401 — 3-5-1418) › Section 3-5-1404 - Effect on other laws

Every provision of this subchapter is subject to all beer, malt beverage, and hard cider laws and rules not in conflict with the provisions of this subchapter.
Amended by Act 2019, No. 315,§ 81, eff. 7/24/2019.
Acts 2003, No. 1805, § 4.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 14 - ARKANSAS SMALL BREWERY ACT (§§ 3-5-1401 — 3-5-1418) › Section 3-5-1406 - Additional license to sell small brewery beer, malt beverages, and hard cider not required

(a)
Any wholesale or retail dealer that is licensed to sell beer, malt beverages, and hard cider may sell beer, malt beverages, and hard cider produced by small brewers without any additional license fee.
(b)
Any retail dealer not licensed to sell beer, malt beverages, and hard cider may sell beer, malt beverages, and hard cider produced by small brewers and microbrewery-restaurants licensed under §
3-5-1204
if the retailer pays a retail dealer's license fee of fifteen dollars ($15.00) to the Alcoholic Beverage Control Division.
Amended by Act 2015, No. 857,§ 9, eff. 3/31/2015.
Acts 2003, No. 1805, § 6.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 14 - ARKANSAS SMALL BREWERY ACT (§§ 3-5-1401 — 3-5-1418) › Section 3-5-1407 - Transportation

(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.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 14 - ARKANSAS SMALL BREWERY ACT (§§ 3-5-1401 — 3-5-1418) › Section 3-5-1408 - Fees and taxes

A small brewer shall:
(1)
Pay any applicable city or county license or permit fees and barrelage or taxes and shall pay a state licensing fee to the Alcoholic Beverage Control Division of three hundred dollars ($300) per fiscal year to:
(A)
Manufacture and sell its beer, malt beverages, and hard cider for consumption, both on and off the premises; and
(B)
Sell any other beer, malt beverages, and hard cider purchased from a licensed dealer for consumption on or off the premises;
(2)
Measure beer, malt beverages, and hard cider manufactured by the small brewer or purchased from a contract brewery, or otherwise comply with applicable rules respecting excise and enforcement tax determination of the beer, malt beverages, and hard cider, and pay any applicable bond or deposit and the amount of the state excise tax and enforcement tax to this state as required, but is free from the fees and taxes provided in §
3-5-205
and as required by §§
3-7-104
and
3-7-111
; and
(3)
Pay a tax at the rate of seven dollars and fifty cents ($7.50) per barrel, and proportionately for larger and smaller gallonages per barrel, on all beer, malt beverages, and hard cider in quantities of up to forty-five thousand (45,000) barrels per year and sold or offered for sale in the state.
Amended by Act 2019, No. 315,§ 82, eff. 7/24/2019.
Amended by Act 2015, No. 857,§ 9, eff. 3/31/2015.
Acts 2003, No. 1805, § 8; 2009, No. 1459, § 3.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 14 - ARKANSAS SMALL BREWERY ACT (§§ 3-5-1401 — 3-5-1418) › Section 3-5-1409 - Beer, malt beverage, and hard cider education

(a)
(1)
A small brewer may be allowed to conduct beer-, malt beverage-, and hard cider-tasting events for educational or promotional purposes at any location in a wet area of this state if approved by the Alcoholic Beverage Control Division and if written notice is given by the division to the small brewer at least five (5) days before the event.
(2)
Requests for approval to conduct beer-, malt beverage-, and hard cider-tasting events must be received by the division at least two (2) weeks before the event.
(b)
Beer-, malt beverage-, and hard cider-tasting events may be held in any facility licensed by the division if written notice is given by the division under subsection (a) of this section.
Amended by Act 2015, No. 857,§ 9, eff. 3/31/2015.
Acts 2003, No. 1805, § 9.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 14 - ARKANSAS SMALL BREWERY ACT (§§ 3-5-1401 — 3-5-1418) › Section 3-5-1410 - Licenses - Application

A small brewers' license shall not be issued unless the applicant files with the Director of the Alcoholic Beverage Control Division a verified application in a form and content that the director requires, accompanied by payment of the applicable fee.
Amended by Act 2015, No. 857,§ 9, eff. 3/31/2015.
Acts 2003, No. 1805, § 10.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 14 - ARKANSAS SMALL BREWERY ACT (§§ 3-5-1401 — 3-5-1418) › Section 3-5-1411 - Operation without license prohibited

It is a Class C misdemeanor for any person not holding a valid small brewers' license to operate as a small brewer.
Amended by Act 2015, No. 857,§ 9, eff. 3/31/2015.
Acts 2003, No. 1805, § 11.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 14 - ARKANSAS SMALL BREWERY ACT (§§ 3-5-1401 — 3-5-1418) › Section 3-5-1412 - Dry areas prohibited

It is unlawful for the Director of the Alcoholic Beverage Control Division to issue a small brewers' license in any city, county, township, or other area in this state if the sale or possession of beer, malt beverages, and hard cider is unlawful.
Amended by Act 2015, No. 857,§ 9, eff. 3/31/2015.
Acts 2003, No. 1805, § 12.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 14 - ARKANSAS SMALL BREWERY ACT (§§ 3-5-1401 — 3-5-1418) › Section 3-5-1413 - Rules

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.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 14 - ARKANSAS SMALL BREWERY ACT (§§ 3-5-1401 — 3-5-1418) › Section 3-5-1414 - Construction

This subchapter is supplemental to all other laws concerning alcoholic beverages and repeals only those laws or parts of laws in direct conflict with it.
Acts 2003, No. 1805, § 14.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 14 - ARKANSAS SMALL BREWERY ACT (§§ 3-5-1401 — 3-5-1418) › Section 3-5-1415 - Sales on any day of week

Small brewery beer, malt beverages, and hard cider may be sold at any small brewery located in this state for on-premises or off-premises consumption on any day of the week.
Acts 2009, No. 1459, § 4.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 14 - ARKANSAS SMALL BREWERY ACT (§§ 3-5-1401 — 3-5-1418) › Section 3-5-1416 - Small brewery is a supplier

(a)
A small brewery selling and transporting beer, malt beverages, and hard cider produced on the premises of the small brewery is a supplier.
(b)
A small brewery is not subject to §
3-5-1101
et seq. unless the small brewery exceeds annual production of beer, malt beverages, and hard cider of fifteen thousand (15,000) barrels.
Amended by Act 2015, No. 857,§ 10, eff. 3/31/2015.
Acts 2009, No. 1459, § 4.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 14 - ARKANSAS SMALL BREWERY ACT (§§ 3-5-1401 — 3-5-1418) › Section 3-5-1417 - Exemption for front-of-house employees

A front-of-house employee may be employed simultaneously by another holder of a permit or license issued by the Director of the Alcoholic Beverage Control Division.
Added by Act 2017, No. 950,§ 5, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 14 - ARKANSAS SMALL BREWERY ACT (§§ 3-5-1401 — 3-5-1418) › Section 3-5-1418 - Small brewery tap room

(a)
A small brewery tap room may:
(1)
For beer and hard cider produced by the small brewery, sell for both on-premises and off-premises consumption; and
(2)
For beer, hard cider, and wine not produced by the licensed small brewery, sell for on-premises consumption.
(b)
A small brewery tap room may operate a restaurant.
Added by Act 2017, No. 950,§ 4, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 15 - TEMPORARY WINE CHARITABLE AUCTION LICENSE (§§ 3-5-1501 — 3-5-1507) › Section 3-5-1501 - Temporary wine charitable auction permit

(a)
There is established a temporary wine charitable auction permit.
(b)
The Alcoholic Beverage Control Division shall issue the permit to qualifying charitable nonprofit organizations that are exempt from taxation under § 501 of the Internal Revenue Code of 1986, as it existed on January 1, 2005, and that have received tax exempt status from the Internal Revenue Service pursuant to § 501(c)(3) or (4) of the Internal Revenue Code of 1986, as it existed on January 1, 2005.
(c)
The permit shall authorize the qualifying charitable nonprofit organization to sell wine for the purpose of raising funds for the charitable organization during a live or silent auction conducted by the charitable organization.
Acts 2005, No. 1157, § 1.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 15 - TEMPORARY WINE CHARITABLE AUCTION LICENSE (§§ 3-5-1501 — 3-5-1507) › Section 3-5-1502 - Authorized location of auction

(a)
The holder of a temporary wine charitable auction permit may conduct an auction in any area of the State of Arkansas where the sale of the wine is authorized.
(b)
The holder of a permit may conduct an auction at a premises of another on-premises permit that is licensed to sell or dispense the wine if:
(1)
The wine to be auctioned is kept separate from the wine sold, stored, or served at the permitted premises; and
(2)
The wine, whether sold or unsold, is removed from the premises immediately following the auction.
Acts 2005, No. 1157, § 1.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 15 - TEMPORARY WINE CHARITABLE AUCTION LICENSE (§§ 3-5-1501 — 3-5-1507) › Section 3-5-1503 - Disposition of auction proceeds

The proceeds from the sale of wine sold at a charitable auction as authorized by this subchapter shall be deposited into the account of the charitable organization that holds the temporary wine charitable auction permit.
Acts 2005, No. 1157, § 1.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 15 - TEMPORARY WINE CHARITABLE AUCTION LICENSE (§§ 3-5-1501 — 3-5-1507) › Section 3-5-1504 - Origination of wine to be auctioned

(a)
The wine to be auctioned shall be obtained by:
(1)
Donation from any person or an out-of-state winery, if the laws of the out-of-state winery allow the donation;
(2)
Donation or purchase from a licensed winery within the state; or
(3)
Donation or purchase from a licensed Arkansas wholesaler.
(b)
If wine to be auctioned is obtained as provided in this subchapter, the provisions of §
3-3-216
shall not apply to any person who, for purposes of sale of the wine at a charitable auction:
(1)
Ships or transports the wine into Arkansas;
(2)
Stores or possesses the wine in Arkansas; or
(3)
Purchases the wine at a charitable auction as provided for in this subchapter.
Acts 2005, No. 1157, § 1.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 15 - TEMPORARY WINE CHARITABLE AUCTION LICENSE (§§ 3-5-1501 — 3-5-1507) › Section 3-5-1505 - Prohibited activities

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.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 15 - TEMPORARY WINE CHARITABLE AUCTION LICENSE (§§ 3-5-1501 — 3-5-1507) › Section 3-5-1506 - Permit duration, fees, and gross receipts

(a)
The temporary wine charitable auction permit shall be issued for a period of not more than five (5) days.
(b)
The fee for the permit shall be fifty dollars ($50.00).
(c)
The gross receipts from the sale of wine at a charitable auction under this section shall not be subject to the Arkansas Gross Receipts Act of 1941, §
26-52-101
et seq., nor shall the taxes imposed under title 3 of the Arkansas Code be applicable.
Acts 2005, No. 1157, § 1.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 15 - TEMPORARY WINE CHARITABLE AUCTION LICENSE (§§ 3-5-1501 — 3-5-1507) › Section 3-5-1507 - Administrative rules

(a)
The Alcoholic Beverage Control Division shall adopt rules governing the application, issuance, and use of a temporary wine charitable auction permit.
(b)
(1)
The division shall also adopt rules establishing penalties for violation of this subchapter or rules adopted pursuant to this subchapter.
(2)
However, penalties adopted by the division shall not exceed penalties which may be imposed on charitable organizations holding other types of temporary permits.
Amended by Act 2019, No. 315,§ 83, eff. 7/24/2019.
Acts 2005, No. 1157, § 1.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 16 - FREE TRADE AMONG SMALL WINERIES (§§ 3-5-1601 — 3-5-1609) › Section 3-5-1601 - Definition

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.