reglab/statecodes huggingface dataset:
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 2 - PRIMARY REGULATORY AGENCIES (§§ 3-2-201 — 3-2-217) › Section 3-2-213 - Denial, suspension, or revocation of license - Appeal to board

(a)
(1)
Any applicant or licensee aggrieved by an order of refusal, suspension, or revocation issued by the Director of the Alcoholic Beverage Control Division or any person or group of persons who have formally protested the issuance of any license before a decision has been rendered by the director and are aggrieved by the issuance of the license may appeal the order or decision to the Alcoholic Beverage Control Board by filing a notice of appeal.
(2)
The notice of appeal of a director's decision or order shall be in a written form which shall be mailed or delivered to the offices of the Alcoholic Beverage Control Division.
(3)
The notice of appeal must be mailed or delivered to the offices of the division within fifteen (15) days after the order to be appealed was received by the recipient, as shown by the certified mail return receipt card returned to the division. In the event that the person filing an appeal of the director's decision or order was not sent a certified letter of the same, then the fifteen-day appeal period begins on the date that the director's decision or order was issued.
(4)
Whenever any notice of appeal is filed with the division, the director shall immediately notify the board of that fact.
(b)
(1)
A hearing shall be held within at least sixty (60) days after the date of the filing of the notice of appeal unless the person appealing consents to a later hearing.
(2)
Not later than ten (10) days before the time fixed for the hearing, the director shall notify the board and the applicant, licensee, or protester of the time when and the place where the appeal shall be heard by the board.
(3)
At the time and place so fixed for the hearing, the board shall proceed to hear the appeal.
(4)
At any such hearing the applicant, licensee, or protester, and the director may be present in person or by agent or counsel and present evidence and argument.
(5)
The board shall adopt such rules as it shall deem necessary to govern the procedure in the hearing, and the board shall not be bound by the legal rules of evidence in hearing appeals and in making its determination.
(c)
(1)
Within five (5) days after the hearing is concluded, the board shall render its written opinion, decision, or order on the appeal.
(2)
A copy of the opinion, decision, or order shall be mailed by the division by certified mail to the applicant, licensee, or protester.
(3)
The order and decision shall be final and binding on the director and the applicant, licensee, or protester.
(4)
However, an appeal may be taken from any order suspending or revoking a license as provided for in this subchapter.
Amended by Act 2019, No. 315,§ 39, eff. 7/24/2019.
Acts 1951, No. 159, § 15; A.S.A. 1947, § 48-1314; Acts 1995, No. 652, §§ 1-5; 2005, No. 1193, § 1.
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 2 - PRIMARY REGULATORY AGENCIES (§§ 3-2-201 — 3-2-217) › Section 3-2-214 - Denial, suspension, or revocation of license - Review by board on own motion

(a)
The Alcoholic Beverage Control Board is authorized on its own motion to review any action of the Director of the Alcoholic Beverage Control Division in granting or failing to grant, renewing or failing to renew, revoking or suspending, or failing to revoke or suspend upon complaint, any permit and, upon review, to set aside any action of the director in any of these respects.
(b)
Any action by the director in any of these respects shall not become effective until the day following the next meeting of the board following the action by the director, and then only if the board fails to make a motion to exercise its right of review.
Acts 1953, No. 109, § 1; A.S.A. 1947, § 48-1314.1.
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 2 - PRIMARY REGULATORY AGENCIES (§§ 3-2-201 — 3-2-217) › Section 3-2-215 - Conduct of hearings before board

(a)
For the purpose of hearing or conducting any appeal authorized to be heard by it, the Alcoholic Beverage Control Board shall have power:
(1)
To examine or cause to be examined, under oath, any licensee, the Director of the Alcoholic Beverage Control Division, the Director of the Alcoholic Beverage Enforcement Division, or any other person and to examine or cause to be examined the books and records of any such licensee;
(2)
To hear testimony and to take proof material for its information in hearing an appeal;
(3)
To administer or cause to be administered oaths; and
(4)
To issue subpoenas requiring the attendance of witnesses and the production of records for any such purposes.
(b)
The subpoenas shall be effective in any part of this state. Any circuit court may by order duly entered require the attendance of witnesses and the production of relevant records subpoenaed by the board, and the court may compel obedience to its orders by proceedings for contempt.
(c)
An applicant involved in a hearing before the Director of the Alcoholic Beverage Control Division or the board shall be entitled on request to subpoena for the compulsory attendance of witnesses desired by him or her.
(d)
(1)
All witnesses shall be entitled to mileage and fees as are prescribed by law for witnesses in the circuit courts of the state.
(2)
The mileage and fees of witnesses subpoenaed at the request of an applicant shall be paid by him or her.
Acts 1951, No. 159, § 16; A.S.A. 1947, § 48-1315.
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 2 - PRIMARY REGULATORY AGENCIES (§§ 3-2-201 — 3-2-217) › Section 3-2-216 - Appeal to courts

An appeal of the decision of the Alcoholic Beverage Control Board may be filed in conformance with the provisions of the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Acts 1951, No. 159, § 17; A.S.A. 1947, § 48-1316; Acts 1995, No. 652, § 6.
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 2 - PRIMARY REGULATORY AGENCIES (§§ 3-2-201 — 3-2-217) › Section 3-2-217 - Transcript fees

(a)
There is fixed a cost of one dollar and fifty cents ($1.50) per page for each original page of transcript of record of proceedings had before the Director of the Alcoholic Beverage Control Division, pertaining to an application for the manufacture, selling, or dispensing of alcoholic beverages, or from a hearing of a violation against a permit which is appealed to the Alcoholic Beverage Control Board, and for each page of original transcript where an appeal is taken from any decision of the board to a circuit court.
(b)
The fee as provided for herein shall be paid to the director by the person taking the appeal upon completion of the transcript, and the moneys shall be deposited into the general revenues of the State of Arkansas.
(c)
All copies of the original transcript shall cost forty cents (40¢) per page, and the sums shall be collected and deposited as provided in subsection (b) of this section.
Acts 1981, No. 790, § 1; A.S.A. 1947, § 48-1315.1.
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 3 - OTHER ENFORCING AGENCIES (§§ 3-2-301 — 3-2-304) › Section 3-2-301 - Circuit judges - Appointment of temporary officers and special prosecutors

(a)
The circuit judges of this state are declared to be primarily responsible for the enforcement of laws against the unlawful manufacture and sale of intoxicating liquors.
(b)
(1)
Circuit judges are given authority to appoint an officer of the court in lieu of the sheriff to act temporarily and in cases specially designated in the enforcing of any of the laws when the circuit judge becomes convinced that the sheriff is for any cause neglecting his or her duties under the law imposed upon him or her.
(2)
The compensation and expenses of such temporary officer shall be fixed by the judge making the appointment and shall be ordered paid by the judge out of an appropriation hereafter made. A certified copy of the judgment of the court fixing the compensation and expenses shall be sufficient authority for the Auditor of State to draw a voucher in payment of the compensation and expenses and of the Treasurer of State to pay a warrant when presented. The voucher shall be preaudited as other claims against the state.
(c)
(1)
Whenever the circuit judge becomes convinced that any prosecuting attorney is not performing his or her full duty with respect to the enforcement of the laws against the unlawful manufacture or sale of intoxicating liquors, he or she shall have authority to appoint a special prosecutor who shall be an attorney learned in the law and with at least ten (10) years' experience in the actual practice of law.
(2)
The special prosecutor shall proceed to investigate and prosecute such cases as may be called to his or her attention by the circuit judge.
(3)
The compensation and expenses of the special prosecutor shall be fixed by the circuit court and paid out of the fund hereafter appropriated. The order of the circuit judge fixing the compensation and expenses of the special prosecutor shall be sufficient authority upon which the Auditor of State may issue a voucher in payment thereof and of the Treasurer of State to pay a warrant when presented. The voucher shall be preaudited as other claims against the state.
(d)
The temporary appointees in place of the sheriffs and the special prosecutors shall have all of the powers and authorities designated by law in the persons whom they are appointed to succeed.
Acts 1935, No. 132, §§ 2-4; Pope's Dig., §§ 14237-14239; A.S.A. 1947, §§ 48-1102 -- 48-1104.
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 3 - OTHER ENFORCING AGENCIES (§§ 3-2-301 — 3-2-304) › Section 3-2-302 - Circuit judges - Impeachment

(a)
If the Director of the Alcoholic Beverage Control Division shall report to the Governor that any circuit judge is not doing his or her duty with respect to the enforcement of the laws against the unlawful manufacture or sale of intoxicating liquors, and when the report is supported by competent evidence, the Governor may call the General Assembly into extra session to impeach the judge.
(b)
It is declared to be an impeachable offense for any circuit judge to fail to exercise all of the powers of his or her office or the powers granted to him or her under §
3-2-301
to enforce the laws.
Acts 1935, No. 132, § 5; Pope's Dig., § 14240; A.S.A. 1947, § 48-1105.
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 3 - OTHER ENFORCING AGENCIES (§§ 3-2-301 — 3-2-304) › Section 3-2-303 - Authority of the Division of Arkansas State Police

(a)
In addition to the duties otherwise prescribed by law upon the Division of Arkansas State Police, it shall be the duty of the division to assist in enforcing all of the laws of the State of Arkansas against the unlawful manufacture or sale of intoxicating liquors.
(b)
(1)
The Director of the Division of Arkansas State Police, the Deputy Director of the Division of Arkansas State Police, captains, lieutenants, rangers, and other employees of the director shall perform such duties as may be prescribed by the director with respect to the enforcement of the laws, and they shall have authority to take affidavits and to swear the persons signing the affidavits with respect to the violation of any law.
(2)
The false swearing or making of the affidavits shall be deemed and punished as perjury.
(c)
(1)
The director, deputy director, captains, lieutenants, and rangers shall have all of the authority now vested in sheriffs and police officers to search for and seize intoxicating liquors unlawfully held in this state.
(2)
They shall also have the same authority to make arrests for the violation of such laws and to serve any and all kinds of criminal process issued by any of the courts in this state in connection with the enforcement of such laws.
Amended by Act 2019, No. 910,§ 5734, eff. 7/1/2019.
Acts 1935, No. 132, § 1; Pope's Dig., § 14236; A.S.A. 1947, § 48-1101.
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 3 - OTHER ENFORCING AGENCIES (§§ 3-2-301 — 3-2-304) › Section 3-2-304 - Search warrants

(a)
It is made and declared to be the duty of a circuit, district, and city court on information given, on its own knowledge, or when it has reasonable grounds to believe that alcohol, spirituous, ardent, vinous, malt, or fermented liquors, or any compound or preparation thereof commonly called tonics, bitters, or medicated liquors of any kind are kept in any prohibited district to be sold contrary to law or have been shipped into any prohibited district to be sold contrary to law, that it issue a warrant directed to some peace officer, directing in the warrant a search for intoxicating liquors and specifying in the warrant the place to be searched.
(b)
However, this section shall not apply to the giving away or selling of native wines when the sale is authorized by law.
Acts 1899, No. 13, § 1, p. 11; C. & M. Dig., § 6184; A.S.A. 1947, § 48-1107; Acts 2003, No. 1185, §§ 1, 2.
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 3-2-401 - Purpose

This subchapter is promulgated pursuant to the authority granted to the State of Arkansas pursuant to the provisions of the Twenty-First Amendment to the United States Constitution specifically for the following purposes:
(1)
To prevent unfair business practices, discrimination, and undue control of such wholesalers by distillers, manufacturers, importers, and producers;
(2)
To maintain stability and healthy competition in the alcoholic beverage industry;
(3)
To promote and maintain a sound and stable system of distribution of alcoholic beverages; and
(4)
To promote the public health, safety, and welfare.
Acts 1991, No. 260, § 1.
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 3-2-402 - Scope of subchapter

This subchapter does not repeal or supersede any of the provisions of §
3-5-1101
et seq. and to the extent of any conflict, the provisions of §
3-5-1101
et seq. shall prevail.
Acts 1991, No. 260, § 11.
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 3-2-404 - Request to change wholesalers - Contents of application

Any distiller, manufacturer, importer, or producer desiring to change wholesalers with respect to any brand shall file with the Director of the Alcoholic Beverage Control Division a wholesaler change request containing the following information as applicable:
(1)
The name of each brand involved;
(2)
The case volume in Arkansas for each brand for the current year or portion thereof and the two (2) previous calendar years;
(3)
The name of the wholesaler currently distributing such brand;
(4)
The name of the proposed new wholesaler; and
(5)
(A)
A detailed explanation of the specific business reasons for the request to change wholesalers.
(B)
Business reasons which may be considered by the director in determining good cause for authorizing a change of wholesalers will include:
(i)
A wholesaler's bankruptcy or serious financial instability, including its consistent failure to pay its debts as they fall due or its failure to meet or maintain any objective standards of capitalization expressly agreed to between the wholesaler and the distiller, manufacturer, importer, or producer, provided such standards are determined by the director to be commercially reasonable;
(ii)
A wholesaler's repeated violations of any provision of federal or state law, rule, or regulation, whether or not such violations resulted in official action;
(iii)
A wholesaler's failure to maintain reasonable sales volume of the brand, taking into consideration such factors as the extent of the distiller's, manufacturer's, importer's, or producer's advertising and promotion of the particular brand, prevailing economic conditions affecting sales generally, or the extent of the wholesaler's efforts, or lack thereof, to promote a particular brand; and
(iv)
Any other factors relevant to such proposed change and which aid the director in determining good cause.
Amended by Act 2019, No. 315,§ 40, eff. 7/24/2019.
Acts 1991, No. 260, § 3.
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 3-2-406 - Request to change wholesalers - Hearing - Time - Findings - Appeal

(a)
Any hearing held by the Director of the Alcoholic Beverage Control Division pursuant to the provisions of §
3-2-405
shall be held within thirty (30) days after the receipt of any notice of objection to a wholesaler change request.
(b)
The findings of the director made after such hearing shall be presented to the Alcoholic Beverage Control Board at its next regularly scheduled meeting.
(c)
Any aggrieved party may appeal the decision of the director to the full board to be heard de novo and any such appeal hearing will be scheduled and held pursuant to hearing procedures established for the Alcoholic Beverage Control Division by state law and division rules.
Amended by Act 2019, No. 315,§ 41, eff. 7/24/2019.
Acts 1991, No. 260, § 5.
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 3-2-407 - Request to change wholesalers - Automatic approval

If no objection is filed to the wholesaler change request as provided in §
3-2-406
, the proposed changes shall stand automatically approved by the Director of the Alcoholic Beverage Control Division at the expiration of such fifteen-day period, conditioned upon the manufacturer's or importer's repurchasing all inventory of the subject brand from the previously designated wholesaler at such wholesaler's laid-in cost.
Acts 1991, No. 260, § 6.
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 3-2-408 - Acquisition of right to sell, ship, or distribute label

Any distiller, manufacturer, importer, or producer who obtains or acquires in any manner the right to sell, ship, or distribute any label shall for the purpose of this subchapter stand in place of and be subject to all rights, privileges, and duties and obligations of its predecessor or its predecessors from whom such brands or labels were obtained or acquired.
Acts 1991, No. 260, § 7.
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 3-2-409 - Beer, malt products, or light wine

(a)
(1)
Every manufacturer or importer of beer or other malt products or light wine doing business in the State of Arkansas shall submit to the Alcoholic Beverage Control Division one (1) label for each brand of beer or malt product or light wine to be shipped for the first time into or within the state and shall designate within the application for registration any number of wholesalers in the state, each of whom shall be the exclusive distributor of such brand within the geographical territory assigned by the manufacturer or importer to such wholesaler.
(2)
A wholesaler of beer and light wine may sell:
(A)
Ready-to-drink products containing spirituous liquor with a final finished product of no greater than fifteen percent (15%) alcohol by weight; and
(B)
Malt liquor.
(b)
Transfers of brands of malt products or light wine or changes in geographical distribution areas assigned shall not be subject to the provisions set out above for spirituous or vinous products so long as any such manufacturer or importer has complied with the filing provisions of applicable law.
(c)
This section does not create a dual distributorship.
(d)
The division shall promulgate rules regarding the distribution of ready-to-drink products containing spirituous liquor with a final finished product of no greater than fifteen percent (15%) alcohol by weight and malt liquor.
Amended by Act 2021, No. 578,§ 2, eff. 7/28/2021.
Acts 1991, No. 260, § 8.
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 3-2-410 - Terms and conditions of agreements with wholesaler binding on successor

A successor to a distiller, manufacturer, importer, producer, winery, or brewer of beer, malt liquor, light wine, wine, or liquor that continues in business as a distiller, manufacturer, importer, producer, winery, or brewery or that continues to operate under the names of any product acquired by said distiller, manufacturer, importer, producer, winery, or brewer shall be bound by all terms and conditions of any agreements with any Arkansas wholesaler, whether oral or written, of the distiller, manufacturer, importer, producer, winery, or brewery which are in effect on the date of succession.
Acts 1991, No. 260, § 10.
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 3-2-411 - Subchapter incorporated into division approvals - Applicability - Waiver

(a)
The terms, conditions, and requirements of this subchapter are hereby expressly made a part of the terms of and as conditions to the approval granted by the Alcoholic Beverage Control Division to distillers, manufacturers, importers, or producers to do business in the state and by the application for, the acceptance of, or the conduct of business under any such approval, a distiller, manufacturer, importer, or producer consents and agrees to comply with the terms, conditions, and requirements of this subchapter.
(b)
This subchapter does not apply to manufacturers or wholesalers of small farm winery wines. For the purpose of this section, "small farm winery" has the same meaning as defined by §
3-5-1601
.
(c)
No right, duty, or other provision set out in this subchapter may be waived by any agreement or contract between any wholesaler and supplier regardless of whether any such waiver agreement was made prior to or after July 15, 1991.
Acts 1991, No. 260, §§ 12, 13; 2007, No. 668, § 2.
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 3-2-412 - Dual distributorship prohibited - Definition

(a)
(1)
The creation of a dual distributorship is prohibited.
(2)
An unlawful dual distributorship is created whenever any manufacturer designates as its distributor more than one (1) Arkansas liquor wholesaler in the state or wholesale beer permit holder to distribute the same brand of alcoholic beverage in the same geographical territory, whether a city, a county, counties, or the state.
(b)
In addition to any remedies to any aggrieved party authorized by law, the Director of the Alcoholic Beverage Control Division may withdraw approval of any and all brands registered by any manufacturer found to be in violation of this subchapter, such findings to be made after a hearing pursuant to hearing procedures established for the Alcoholic Beverage Control Division by state law and administrative rules.
(c)
(1)
For the purposes of this subchapter, a "brand" means the same product or substantially the same product as evidenced by the product label that must be filed with the division.
(2)
Identical or substantially identical labels will be considered and treated as the same brand.
Amended by Act 2019, No. 315,§ 42, eff. 7/24/2019.
Acts 1991, No. 260, § 9.
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 3-2-413 - Labels for confectionaries containing nonliquid alcohol

A confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) by volume of alcohol shall bear a label stating: "This product contains up to 5% alcohol by volume".
Added by Act 2017, No. 1035,§ 2, eff. 8/1/2017.
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 3-2-414 - Minimum container size of spirituous liquor

The minimum container size of spirituous liquor to be sold for off-premises consumption is fifty milliliters (50 ml).
Added by Act 2023, No. 95,§ 1, eff. 8/1/2023.
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 1 - GENERAL PROVISIONS (§§ 3-3-101 — 3-3-103) › Section 3-3-101 - Accessories guilty as principals

Every person knowingly aiding or abetting any person, firm, or corporation in the violation of any section of this act shall be deemed a principal and punished as such.
Acts 1935, No. 108, Art. 6, § 4; Pope's Dig., § 14137; A.S.A. 1947, § 48-939.
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 1 - GENERAL PROVISIONS (§§ 3-3-101 — 3-3-103) › Section 3-3-102 - Sentences and fines

(a)
When a jail sentence is inflicted as part of the punishment, all persons convicted under this act shall serve out the sentence at hard labor.
(b)
All fines and costs assessed against any person under this act and not paid or replevied shall be served out by confinement at hard labor at the rate of one (1) day for each one dollar ($1.00) of the fine and costs.
Acts 1935, No. 108, Art. 6, § 6; Pope's Dig., § 14139; A.S.A. 1947, § 48-941.
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 1 - GENERAL PROVISIONS (§§ 3-3-101 — 3-3-103) › Section 3-3-103 - Multiple offenses - Bonds for good behavior

(a)
Upon a second or any subsequent conviction or bond forfeiture for any violation of any alcoholic beverage control law of this state pertaining to the control, regulation, and handling of spirituous, vinous, malt liquors or beverages, or any amendment to any existing law or any new law on the same subject hereafter enacted, it shall be the duty of the court convicting the person for a second time, or forfeiting a bond for a second time, or forfeiting a bond or convicting a person after a previous conviction or bond forfeiture for such an offense, to require the defendant to execute bond in the sum of two hundred dollars ($200), after a hearing thereon, to be of good behavior for a period of twelve (12) months insofar as the laws of the State of Arkansas on spirituous, vinous, or malt liquors or beverages affect the defendant.
(b)
Should any person violate the provisions of the bond, the bond, after a hearing thereon, shall be forfeited. The person shall be, for all subsequent violations of the liquor laws or bond forfeitures, placed under a five hundred dollar ($500) bond of the same provisions, to ensure good behavior from the violation of the liquor laws.
(c)
If the bonds provided in this section are not given by the defendant, the defendant shall be committed to the county jail for a period not less than thirty (30) days nor more than six (6) months, to be fixed by the court.
(d)
The order of the court requiring the execution of a bond as provided in this section shall be for the preservation of the laws and shall not be considered a part of the punishment inflicted, but as a security against future violations of the provisions of all alcoholic beverage control laws.
Acts 1935, No. 108, Art. 6, § 8; Pope's Dig., § 14141; Acts 1949, No. 143, §§ 1-4; A.S.A. 1947, §§ 48-942 -- 48-942.3.
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 3-3-201 - Unknowingly furnishing or selling to minor

(a)
Any person who unknowingly sells, gives away, or otherwise disposes of intoxicating liquor or a confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) by volume of alcohol to a minor is guilty of a violation and shall be punished by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500) for the first offense.
(b)
For the second and subsequent offenses, he or she shall be guilty of a Class A misdemeanor.
Amended by Act 2017, No. 1035,§ 3, eff. 8/1/2017.
Acts 1943, No. 257, § 1; A.S.A. 1947, § 48-902.1; Acts 1993, No. 875, § 1; 2005, No. 1994, § 332.
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 3-3-202 - Knowingly furnishing or selling to minor

(a)
(1)
(A)
It shall be unlawful for any person knowingly to give, procure, or otherwise furnish any alcoholic beverage or a confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) alcohol by volume to any person under twenty-one (21) years of age.
(B)
However, this subsection does not apply to the serving of an alcoholic beverage to the person's family or to the use of wine or beer in any religious ceremony or rite in any established church or religion.
(2)
(A)
Upon a first conviction, any person violating this subsection shall be guilty of a Class A misdemeanor.
(B)
Upon a second conviction within three (3) years, a person violating this section shall be guilty of a Class D felony.
(b)
(1)
It shall be unlawful for any person knowingly to sell or otherwise furnish for money or other valuable consideration any alcoholic beverage to any person under twenty-one (21) years of age.
(2)
(A)
Upon a first conviction, any person violating this subsection shall be guilty of a Class D felony and shall be punished as provided by law.
(B)
Upon a second conviction within five (5) years, a person violating this section shall be deemed guilty of a Class C felony and may be imprisoned or fined, or both as provided by law.
(c)
(1)
A warning notice that includes the provisions of subsections (a) and (b) of this section shall be posted in public view in each place of business where alcoholic beverages are sold.
(2)
The warning notice shall be posted in a manner prescribed by the Alcoholic Beverage Control Board.
Amended by Act 2017, No. 1035,§ 4, eff. 8/1/2017.
Acts 1967, No. 277, §§ 1, 2; A.S.A. 1947, § 48-903; Acts 1993, No. 875, § 2; 1995, No. 446, § 1; 2005, No. 1767, § 1; 2005, No. 1994, § 405; 2009, No. 352, § 1; 2009, No. 948, § 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 3-3-204 - Handling by minor

(a)
Except as provided in subsection (b) or subsection (c) of this section, it is unlawful for a wholesaler, retailer, or transporter of alcoholic beverages to allow an employee or any other person under twenty-one (21) years of age to have anything to do with the selling, transporting, or handling of an alcoholic beverage.
(b)
With the written consent of a parent or guardian, a person eighteen (18) years of age and older may:
(1)
Sell or otherwise handle beer and wine at retail grocery establishments; or
(2)
Be employed by a licensed liquor wholesaler or licensed beer wholesaler or by a licensed native winery to handle alcoholic beverages at the place of business of the licensed wholesaler or winery.
(c)
A person nineteen (19) years of age and older may sell and handle alcoholic beverages at a restaurant, private club, hotel, or motel that is licensed for on-premises consumption of alcoholic beverages under this chapter.
(d)
(1)
A person who violates this section is guilty of a violation and upon conviction shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100).
(2)
The violation shall be grounds for suspension, cancellation, or revocation by the Director of the Alcoholic Beverage Control Division of any permit issued to the person by the director.
Amended by Act 2013, No. 527,§ 2, eff. 8/16/2013.
Acts 1969, No. 129, §§ 1, 2; 1983, No. 527, § 1; A.S.A. 1947, §§ 48-903.2, 48-903.3; Acts 1987, No. 515, § 1; 1999, No. 1169, § 1; 2001, No. 1553, § 3; 2003, No. 1807, § 1; 2005, No. 1994, § 28; 2009, No. 294, § 1.
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 3-3-205 - Sale or possession without license

(a)
(1)
Any person who shall sell, barter, exchange, or give any intoxicating alcoholic liquor without having a valid license as provided by this act, in addition to losing his or her license, shall be guilty of a Class A misdemeanor.
(2)
Any person found guilty of a third or subsequent violation of this subsection within a period of three (3) years shall be guilty of a Class D felony.
(b)
Any person who has in his or her possession intoxicating alcoholic liquor not obtained under and in conformity with the provisions of this act shall be deemed guilty of a Class A misdemeanor.
(c)
This penalty shall apply whether the intoxicating liquor is for the use of the person illegally possessing it or for the use and benefit of another.
(d)
Each act in violation of this section shall constitute a separate misdemeanor.
(e)
Nothing contained in this section shall relieve any licensee from forfeiture of his or her license.
Acts 1943, No. 218, §§ 2-4; 1947, No. 205, §§ 1, 2; A.S.A. 1947, §§ 48-902, 48-912, 48-913; Acts 1991, No. 498, § 1; 1991, No. 577, § 1; 2005, No. 1994, § 436.
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 3-3-206 - Sale or delivery to retailer without valid license tax receipt

(a)
Any manufacturer or jobber who shall sell or deliver intoxicating liquor within the state to a retailer who does not possess a valid license tax receipt, as provided for in this act, shall be guilty of a misdemeanor.
(b)
(1)
For the first offense, he or she shall be guilty of a Class B misdemeanor.
(2)
Any person found guilty a second time shall be guilty of a Class A misdemeanor.
Acts 1943, No. 218, §§ 1, 2; A.S.A. 1947, §§ 48-901, 48-902; Acts 2005, No. 1994, § 462.
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 3-3-208 - Possession or procuring orders

(a)
Any person who, by himself, herself, his or her employee, servant, agent for himself or herself, or any other person, shall keep or carry on his or her person or in any vehicle or leave in a place for another to secure any intoxicating alcoholic liquor with the intent to sell the liquor in violation of this act or who shall within this state in any manner, directly or indirectly, solicit, take, or accept any order for the purchase, sale, shipment, or delivery of intoxicating liquor for beverage purposes in violation of the requirements of this act shall be guilty of a violation.
(b)
(1)
He or she shall be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for the first offense.
(2)
For the second and subsequent offenses, he or she shall be guilty of a Class A misdemeanor.
(c)
The penalties prescribed herein shall be in addition to any other penalty prescribed by law.
Acts 1943, No. 218, § 1; A.S.A. 1947, § 48-901; Acts 2005, No. 1994, § 210.
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 3-3-209 - Furnishing to alcoholics or intoxicated persons

Any person who shall sell, give away, or dispose of intoxicating liquor to an habitual drunkard or an intoxicated person shall be guilty of a violation and for the first offense be punishable by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250). For the second and subsequent offenses, he or she shall be guilty of a Class A misdemeanor. The penalties prescribed in this section shall be in addition to any other penalty prescribed by law.
Acts 1943, No. 218, § 1; A.S.A. 1947, § 48-901; Acts 2005, No. 1994, § 333.
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 3-3-211 - Sales on Christmas Day

(a)
It shall be unlawful to sell intoxicating liquors on Christmas Day.
(b)
Any person who shall sell intoxicating alcoholic liquors on Christmas Day shall be guilty of a Class B misdemeanor.
Acts 1949, No. 266, §§ 1, 2; A.S.A. 1947, §§ 48-950, 48-951; Acts 2005, No. 1994, § 367.
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 3-3-212 - Manufacturer-seller relationships generally

(a)
It shall be unlawful for a manufacturer to:
(1)
Be interested, directly or indirectly, in any premises where malt, vinous, or spirituous liquors are sold at retail or in any business devoted wholly or partially to the sale of such liquors at retail, by stock ownership, interlocking directors, mortgage or lien on any personal or real property, or any other means; or
(2)
Make any loan to any owner.
(b)
(1)
Any lien, mortgage, or other interest or estate, however, now held by a manufacturer on or in the personal or real property of any owner, which mortgage, lien, interest, or estate was acquired on or before December 31, 1933, shall not be included within the provisions of this section.
(2)
The burden of establishing the time of the accrual of the interest, comprehended by subdivision (b)(1) of this section, shall be upon the person who claims to be entitled to the protection and exemption afforded by this section.
(c)
Subsections (a) and (b) of this section shall not apply to an agreement or arrangement by:
(1)
A manufacturer or wholesaler to pay for the display or other presentation of advertising and promotional material on or about the premises of the holder of a franchise granted by the Arkansas Racing Commission; or
(2)
A manufacturer providing sponsorship of or payment for the display or other presentation of advertising and promotional material on or about the premises of a large attendance facility, as defined by §
3-9-202(16)(B)
, owned by a qualifying charitable nonprofit organization that has received tax-exempt status under
26 U.S.C. § 501(c)(3)
, as in effect on January 1, 2019.
Amended by Act 2019, No. 744,§ 1, eff. 7/24/2019.
Acts 1935, No. 108, Art. 3, § 18; Pope's Dig., § 14122; A.S.A. 1947, § 48-908; Acts 2001, No. 1838, § 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 3-3-213 - Manufacturer-seller relationships - Exclusivity agreements - Definitions

(a)
It shall be unlawful for any person engaged in the manufacture of alcoholic liquors:
(1)
To require any wholesaler or retailer to purchase from that manufacturer to the exclusion, in whole or in part, of any alcoholic liquors sold or offered for sale by other persons; or
(2)
To induce any retailer to purchase from that manufacturer or wholesaler to the exclusion, in whole or in part, of any alcoholic liquors sold or offered for sale by other persons, by:
(A)
Acquiring any interest in property owned, occupied, or used by the retailer in his or her business, or in any license with respect to the premises of the retailer;
(B)
Furnishing, giving, renting, lending, or selling to the retailer any equipment, fixtures, signs, supplies, money, service, or other thing of value, subject to exceptions provided by the rules of the Alcoholic Beverage Control Board and established trade customs;
(C)
Paying or crediting the retailer for any advertising, display, or distribution service;
(D)
Guaranteeing any loan or the repayment of any financial obligation of the retailer; or
(E)
Offering or giving any bonus, premium, or compensation to the retailer or any of his or her officers, employees, or representatives.
(b)
As used in this section, unless the context otherwise requires:
(1)
"Manufacturer" means, unless otherwise specified, any person engaged in the business of distilling, brewing, making, blending, rectifying, or producing for sale in wholesale quantities alcoholic liquors of any kind, including whiskey, brandy, cordials, liquors, and other liquids containing alcohol, except patent medicines, beer, and wine; and
(2)
"Person" includes any and all corporations, partnerships, associations, or individuals and all agents, representatives, or employees of such persons.
Amended by Act 2019, No. 315,§ 43, eff. 7/24/2019.
Acts 1953, No. 362, §§ 1, 3; A.S.A. 1947, § 48-952.
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 3-3-214 - Sale of denatured alcohol

(a)
It is unlawful for any person to sell, give away, or dispose of denatured alcohol for any beverage purposes whatsoever.
(b)
Any person who shall sell, give away, or dispose of denatured alcohol for any beverage purpose whatsoever shall be guilty of a violation and for the first offense be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250). For the second and subsequent offenses, he or she shall be guilty of a Class B misdemeanor.
(c)
Any person who shall sell, give away, or dispose of denatured alcohol to an habitual drunkard or an intoxicated person shall be prima facie guilty of selling denatured alcohol for beverage purposes and subject to the penalties provided in this section.
Acts 1939, No. 139, §§ 1-3; A.S.A. 1947, §§ 48-945 -- 48-947; Acts 2005, No. 1994, § 368.
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 3-3-215 - Obtaining federal license without state license

(a)
Any person within this state who has had issued to him or her a current federal license to sell liquor or beer in Arkansas and who has not had issued a current state license to sell liquor or beer shall be guilty of a misdemeanor and upon conviction shall be fined in any amount not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(b)
In any criminal prosecution under this section, the introduction of a certified copy or microfilm of a current federal license to sell beer or liquor in this state shall be prima facie evidence that the licensee is possessing beer or liquor in this state for sale unlawfully.
Acts 1949, No. 241, §§ 1, 2; A.S.A. 1947, §§ 48-948, 48-949.
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 3-3-216 - Possession or sale of untaxed intoxicating liquor - Definition

(a)
As used in this section, "intoxicating liquor" means any beverage containing more than five-tenths percent (0.5%) of alcohol by weight.
(b)
It is unlawful for a person to buy, bargain, sell, loan, own, have in possession, or knowingly transport in this state an intoxicating liquor upon which the Arkansas excise tax prescribed by law has not been paid.
(c)
(1)
Except as provided in subdivision (c)(2) of this section, a violation of this section is a Class B misdemeanor.
(2)
A violation of this section is a Class A misdemeanor if a person transports intoxicating liquor into this state from another state without the Arkansas excise tax having been paid on the intoxicating liquor and the person was transporting the intoxicating liquor for the purpose of resale in this state.
(d)
(1)
In addition to the applicable criminal penalties under subsection (c) of this section, a person who violates this section is subject to a civil penalty equal to the amount of all excise tax levied on the intoxicating liquor at the rates imposed on alcoholic beverages under §
3-7-101
et seq.
(2)
The Department of Finance and Administration shall assess and administer the civil penalty set forth in this subsection under the Arkansas Tax Procedure Act, §
26-18-101
et seq., and shall promulgate any rules necessary for the proper administration and enforcement of the civil penalty.
Acts 1941, No. 357, § 4; 1943, No. 219, § 1; 1947, No. 206, § 1; 1969, No. 475, § 1; A.S.A. 1947, § 48-934; Acts 1987, No. 965, § 1; 2005, No. 1994, § 369; 2007, No. 666, § 1; 2009, No. 548, § 1.