reglab/statecodes huggingface dataset:
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.16-010 - Amendment to Section 2.53

Current through Register Vol. 49, No. 6, June, 2024
Section
			 2.53
Microbrewery-Restaurant Operations
			 Allowed.
A microbrewery-restaurant operation is allowed to brew
			 beer, containing not in excess of five percent (5%) alcohol by weight, to brew
			 malt beverage products, containing not in excess of twenty-one percent (21%)
			 alcohol by weight, brew hard cider not in excess of twenty-one percent (21%)
			 alcohol by weight, and to sell the same at a restaurant located on the
			 premises, for consumption on or off the premises. The microbrewery portion of
			 the microbrewery-restaurant permitted operation (hereinafter "permitted
			 business") shall be separated from the restaurant portion of the permitted
			 business by a solid wall. The wall may be made of glass or other materials, but
			 shall prevent direct access by the public patronizing the restaurant. If the
			 operator of the permitted business does desire to allow members of the public
			 to take a tour of the brewery, such tour shall only be conducted under the
			 direct supervision of brewery personnel.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.16-011 - Amendment to Section 2.54

Current through Register Vol. 49, No. 6, June, 2024
Section
			 2.54
Limitation on Production.
Each
			 operator of a microbrewery-restaurant establishment is allowed to manufacture
			 beer, malt beverage products, and hard cider in limited quantities. The
			 operator shall be allowed to brew one or more varieties of beer, malt beverage
			 products, and hard cider, but in any event shall not brew more than 20,000
			 barrels, as defined by ACA §
								3-5-1202(1),
			 for all products per year. For purposes of this Regulation, a year is
			 determined to be a calendar year beginning on January
			 1st of each year and ending on December
			 31st of the same year. The 20,000 barrel limitation
			 applies to all beer, malt beverages, and hard ciders brewed, including test
			 runs. (Amended 7-19-95 )
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.16-012 - Amendment to Section 2.58

Current through Register Vol. 49, No. 6, June, 2024
Section
			 2.58
Disposition of Microbrewery
			 Products.
A microbrewery-restaurant operation shall be allowed
			 to dispose or sell the products that it brews by the following methods:
(1) A permittee may sell beer or malt
			 beverages in draft form at the restaurant for on premises consumption
			 only;
(2) The permittee may can or
			 bottle beer or malt beverage products and may sell those products in
			 brewery-sealed packages at retail to the customer for consumption off the
			 premises;
(3) The permittee may
			 distribute beer and malt beverage products to charities and non-profit
			 corporations on the same basis as a manufacturer under the provisions of
			 Section 2.28(6) of these Regulations or the microbrewery-restaurant may sell
			 for resale the products that it manufactures to charitable or non-profit
			 organizations holding valid 'special-event" permits as provided for by the
			 Alcoholic Beverage Control Division, except they may not sell to non-profit
			 organizations holding private club licenses except as provided in Subparagraph
			 number 4 of this Section. The sale of said products shall be limited to the
			 duration of the particular 'special event" permitted activity;
(4) The permittee may sell at retail by the
			 drink or by the package products produced on the premises of the
			 microbrewery-restaurant at fairs and food and beer festivals, with the
			 permission and the consent of the management of events.
(5) The permittee may sell beer, malt
			 beverages, and hard cider of its own manufacture to a wholesaler dealer
			 licensed by this state for the purpose of resale to other retail license
			 holders as set forth by ACA
			 3-4-605 and ACA
			 3-5-101,
			 dealing with wholesale distribution of beer, malt beverage, and hard
			 cider.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.16-013 - New regulation Section 2.61

Current through Register Vol. 49, No. 6, June, 2024
Section
			 2.61
Small Brewery Operations
			 Allowed.
A small brewery is allowed to brew beer, containing
			 not in excess of five percent (5%) alcohol by weight, to brew malt beverage
			 products, containing not in excess of twenty-one percent (21%) alcohol by
			 weight, brew hard cider not in excess of twenty-one percent (21%) alcohol by
			 weight, and to sell the same on the premises of the brewery, for consumption on
			 or off the premises.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.16-014 - New regulation Section 2.62

Current through Register Vol. 49, No. 6, June, 2024
Section
			 2.62
Limitation on Production.
Each
			 operator of a small brewery is allowed to manufacture beer, malt beverage
			 products, and hard cider in limited quantities. The operator shall be allowed
			 to brew one or more varieties of beer, malt beverage products, and hard cider,
			 but in any event shall not brew more than forty five thousand (45,000) barrels,
			 for all products per year. For purposes of this Regulation, a year is
			 determined to be a calendar year beginning on January
			 1st of each year and ending on December
			 31st of the same year. The 45,000 barrel limitation
			 applies to all beer, malt beverages, and hard ciders brewed, including test
			 runs.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.16-015 - New regulation Section 2.63

Current through Register Vol. 49, No. 6, June, 2024
Section
			 2.63
Samples May be Offered.
The
			 operator of a permitted establishment described in this Subtitle may offer
			 complimentary samples of the products produced on the premises of the
			 brewery.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.16-016 - New regulation Section 2.64

Current through Register Vol. 49, No. 6, June, 2024
Section
			 2.64
Floor Plan to be Furnished with
			 Application.
Each person applying for a small brewery permit as
			 authorized by law shall submit with the application a floor plan of the
			 permitted business that will identify the portion of the building that will be
			 operated as the brewery and the portion that will be operated as the tap room,
			 if any. The brewery diagram will also show the size and location of various
			 tanks or other devices that will be used to brew and store the products brewed
			 at such brewery. In addition, the applicant for the small brewery permit must
			 show or declare in his application, to the standards set by the Director as
			 part of the application process, that he has met or will be able to meet the
			 standards for brewery operations as set forth in
			 27 CFR §
									25.25 or other applicable Alcohol and Tobacco
			 Tax and Trade Bureau regulations that may apply to the operation of a small
			 brewery as created by the Arkansas General Assembly.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.16-017 - New regulation Section 2.65

Current through Register Vol. 49, No. 6, June, 2024
Section
			 2.65
Disposition of Small Brewery
			 Products.
A small brewery operation shall be allowed to dispose
			 or sell the products that it brews by the following methods:
(1) The permittee may sell to wholesale
			 dealers or to the consumer at the small brewery premises for consumption either
			 on or off the premises brand name products of the licensed facility;
(2) The permittee may sell and transport
			 brewery products produced on the premises of the small brewery to retail
			 license holders and small brewery license holders if the total production of
			 the permitted brewery does not exceed fifteen thousand (15,000) barrels per
			 year. A small brewery may distribute no more than fifteen thousand (15,000)
			 barrels per year. If a small brewery wishes to distribute its products in this
			 manner, the brewery shall obtain a small brewery wholesale permit;
(3) The permittee may distribute beer and
			 malt beverage products to charities and non-profit corporations on the same
			 basis as a manufacturer under the provisions of Section 2.28(6) of these
			 Regulations or the microbrewery-restaurant may sell for resale the products
			 that it manufactures to charitable or non-profit organizations holding valid
			 'special-event" permits as provided for by the Alcoholic Beverage Control
			 Division, except they may not sell to non-profit organizations holding private
			 club licenses except as provided in Subparagraph number 4 of this Section. The
			 sale of said products shall be limited to the duration of the particular
			 'special event" permitted activity;
(4) The permittee may sell at retail by the
			 drink or by the package products produced on the premises of the small brewery
			 at fairs and food and beer festivals, with the permission and the consent of
			 the management of events.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.16-018 - Amendment to Section 3.17

Current through Register Vol. 49, No. 6, June, 2024
Section
			 3.17
Advertising Discount Sales
			 Prohibited.
Except as provided in Section 3.17.1 and Section
			 3.17.2, no person holding any permit to sell any controlled beverages, nor any
			 manufacturer, importer, or distributor of such controlled beverages, shall
			 advertise, by any means, that such controlled beverages are available for
			 purchase in conjunction with a monetary rebate, cash discount, or give the
			 impression that upon purchase of a controlled beverage the consumer will be
			 entitled to a monetary refund or direct cash rebate upon purchase. Further, no
			 such person named above shall distribute or offer any coupon or other
			 inducement to purchase alcoholic beverages to the consumer.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.16-020 - Amendment to Section 1.33(6)

Current through Register Vol. 49, No. 6, June, 2024
Section
			 1.33(6)
Permits Not To Be Issued To Premises Within
			 The Following Stated Distances From Church Or School Building.
No permit for the sale or dispensing of alcoholic beverages shall be issued nor
			 any existing permit transferred to any location within the following prohibited
			 distances of any church or school building, such distances to be calculated
			 based upon the existence of the church or school building at the time the
			 application is accepted by the agency for processing:
A.
Retail Liquor
			 Permit.
One thousand (1000) feet to be measured from the
			 nearest property line point of the church or school building to the nearest
			 property line point of the building sought to be permitted.
B.
Off Premises Retail Beer
			 Permit to be Issued to Retail Liquor
Store.
One thousand (1000)
			 feet to be measured from the nearest property line point of the church or
			 school building to the nearest property line point of the building sought to be
			 permitted.
For purposes of this Regulation "church " means a church and
				all immediately adjacent property owned or leased by the church that is used
				for church purposes.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.19-001 - Beer Festival Permit ABC Rule 1.19(31)

Current through Register Vol. 49, No. 6, June, 2024
(31)
Beer Festival
			 Permit
authorizes the sale, on a temporary basis not to exceed
			 three days, of beer and malt and hard cider on festival grounds described in
			 the permit application. Any legal brewery, microbrewery-restaurant,
			 distributor. wholesaler, brewpub, small brewery, hard cider manufacturer, or
			 small brewery tap room, whether or not registered with the Alcoholic Beverage
			 Control Division or located in the State of Arkansas, may participate in the
			 event. A small brewery holding a distribution permit and a beer festival permit
			 may accept and hold beers from out of state breweries and distributors for the
			 purpose of pouring at beer festivals.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.19-002 - Grocery Store Off Premise Wine Permit - ABC Rule 1.19(46)

Current through Register Vol. 49, No. 6, June, 2024
(46)
Grocery Store Off Premises Wine Permit
authorizes
			 a permittee to purchase and sell wine, the alcoholic content of which does not
			 exceed twenty-one percent (21%) alcohol by weight. "Wine" means port, wine,
			 sherry wine, vermouth wine, hard cider or other wines manufactured within or
			 without the State of Arkansas. "Grocery store" means a single physical
			 establishment located in a wet territory that has an inventory of
			 human-consumable items. An order of wine inventory for one (1) location shall
			 not be combined with an order for another location in a manner that would
			 result in a cumulative discount and/or a quantity discount.
A grocery store wine permittee may conduct tasting events for
				educational and promotional purposes on the permittee's premises after
				obtaining a wine sampling permit from the Alcoholic Beverage Control Division
				under ACA § 3-5-104. A grocery store seeking a grocery store wine permit
				may derive no more than twenty percent (20%) of its gross sales from the sale
				of alcoholic beverages. However, this requirement does not apply to an
				otherwise qualifying grocery store that, as of January 1, 2017, derives more
				than twenty percent (20%) of its gross sales from the sale of alcoholic
				beverages. A grocery store wine permittee shall offer for sale small farm
				winery wine as defined in ACA § 3-5-1601 et seq. A grocery store win
				permit shall be available for issue only in a county in which the retail sale
				of alcohol under ACA § 3-4-604 was authorized as of January 1,
				2017.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.19-003 - Hard Cider Manufacturing Permit - ABC Rule 1.19(47)

Current through Register Vol. 49, No. 6, June, 2024
(47)
Hard Cider Manufacturer
			 Permit
authorizes a permittee to manufacture for sale no more
			 than forty-five thousand (45,000) barrels per year of hard cider, the alcoholic
			 content of which does not exceed twenty-one percent (21%); manufactures at its
			 licensed facility no less than thirty-five percent (35%) of its hard cider to
			 be sold in the state; and the permit authorizes to manufacture, import,
			 transport, store, and sell to a wholesaler, jobber, distributor, or retailer
			 hard cider to be used and sold for beverage purposes. In addition, the hard
			 cider manufacturer permittee may include one (1) tap room at its facility and
			 may operate a restaurant in conjunction with its tap room, may maintain one (1)
			 separate manufacturing facility, may export hard cider manufactured by the
			 manufacturer out of the state, and may sell for on-premises and off-premises
			 consumption as provided in ACA § 3-4-611.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.19-004 - Information furnished by applicant - ABC Rule 1.20(20)

Current through Register Vol. 49, No. 6, June, 2024
(20) Any person applying for an ABC permit,
			 other than as excepted below, shall prove that they have not been found guilty
			 of or pleaded guilty or nolo contendere to any felony in the State of Arkansas
			 or any similar offense by a court in another state or of any similar offense by
			 a military or federal court.
In order to prove this qualification, there shall be attached
				to the application at the time it is tendered to the agency, an in-state
				criminal background check through the Arkansas State Police. The applicant
				shall also furnish fingerprints to the Arkansas State Police, either in person
				or at an approved Arkansas State Police fingerprint harvester for electronic
				submission, for transmission to the United States Federal Bureau of
				Investigation. If the FBI investigation subsequently shows that the applicant
				is not qualified, proceedings shall be instituted to cancel the permit if it
				has already been issued. No fingerprint submission or criminal background check
				shall be required for any person or company applying for a nonresident beer
				seller's permit or for a wholesale support center permit as authorized by ACA
				§ 3-5-1301, et. Seq. Further, no fingerprint submission shall be required
				for any person applying for any permit which has a stated duration of five days
				or less. (Adopted 8-17-05 )
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.19-005 - Temporary Hard Cider Permit - ABC Rule 1.22(4)

Current through Register Vol. 49, No. 6, June, 2024
Section 1.22.4
Temporary Hard Cider
			 Permit.
Temporary hard cider permits for the sale of hard cider at
			 functions sponsored by or for the benefit of non-profit or charitable
			 organizations may be issued for a period of time not to exceed five (5)
			 consecutive days. Applications for such permit shall meet the requirements as
			 established by the Director and set out in the application and attachments
			 thereto. The fee for such permit shall be fifty dollars ($50.00). The Director
			 shall determine whether an application meets the established requirements and
			 whether the function for which the permit is applied is non-profit or
			 charitable in nature and purpose. Those requirements shall include but not be
			 limited to:
(1) The location of the event must
			 be in an area which has voted for the sale of intoxicating liquors;
			 and
(2) The application must be
			 received by the Alcoholic Beverage Control Division at least three (3) weeks
			 prior to the event. (Amended 8-15-07 )
Any action by the Director in granting or denying such
				application is appealable to the Alcoholic Beverage Control Board pursuant to
				Section 1.51 of these Rules, provided that any such action on the part of the
				Director shall be effective immediately without the requirement of such action
				being ratified by the Alcoholic Beverage Control Board at the next Board
				meeting.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.19-006 - Posting of Pregnancy Warning ABC Rule 1.33(16)

Current through Register Vol. 49, No. 6, June, 2024
(16) Posting of Pregnancy Warning. All
			 permits shall post, in a conspicuous place at the permitted premises, a printed
			 sign measuring 8 ½ x 11 inches, the following warning "Warning: Drinking
			 alcoholic beverages during pregnancy may cause birth defects." The warning
			 shall be printed in English and Spanish.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.19-008 - Alcoholic beverages removed from premises - Rule 1.79(27)

Current through Register Vol. 49, No. 6, June, 2024
(27)
Allowing Alcoholic Beverages to be Carried From Any On Premises
			 Alcoholic Beverage Outlet or Private Club.
The permittee
			 allowed any patron to exit the permitted premises carrying any open container
			 of alcoholic beverages or allowed any patron to exit any on premises retail
			 beer outlet carrying sealed alcoholic beverages in any combination not
			 authorized by the Director for off premises sales. Private clubs and
			 hotel-motel-restaurant mixed drink permitted outlets are not allowed to sell
			 any alcoholic beverages to be taken off the permitted premises.
Provided,
(1) those establishments holding an on
			 premises wine restaurant or cafe permit, a combined restaurant beer and wine
			 permit, hotel-motel-restaurant mixed drink permit, or private club permit, may
			 allow a customer, who purchases an unsealed package of wine in conjunction with
			 a food purchase and consumes a portion of the wine on the premises with the
			 meal, to replace the cork and remove the partially filled package from the
			 premises and (2) patrons may walk back and forth with an alcoholic beverage
			 between a private club permitted premises and another contiguous permitted
			 premises when both premises are a part of the same business operation and the
			 alcoholic beverage is a type permitted by both premises; (Amended 8-19-09 )
It is further provided that any on-premises outlet in a valid
				Entertainment District may allow patrons to leave the permitted premises with
				alcoholic beverages. A city, municipality, or incorporated town that has
				designated an Entertainment District shall notify the ABC within ten (10) days
				of issuance or removal of a district. Notification for issuance of an
				Entertainment District shall include: whether the district is temporary or
				permanent, the days and hours of operation of the Entertainment District, any
				other regulations within the Entertainment District, as well as any on-premises
				outlets that elect to opt out of the Entertainment District. Any on-premise
				permit within an Entertainment District that opts out of the Entertainment
				District may not permit patrons to leave the premises with alcoholic
				beverages.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.19-010 - Hard Cider Manufacturing Operations - Rule 2.77-2.84

Current through Register Vol. 49, No. 6, June, 2024
SUBTITLE J - HARD CIDER MANUFACTURER
				OPERATIONS
Section 2.77
"Hard Cider Manufacturer"
means an establishment in Arkansas that
			 does not produce for sale more than forty-five thousand (45,000) barrels per
			 year of hard cider, the alcoholic content of which does not exceed twenty-one
			 percent (21%); manufactures at its licensed facility no less than thirty-five
			 percent (35%) of its hard cider to be sold in the state; and has a permit to
			 manufacture, import, transport, store, and sell to a wholesaler, jobber,
			 distributor, or retailer hard cider to be used and sold for beverage purposes
			 as authorized under this section. In addition, the hard cider manufacturer
			 permittee may include 1 tap room at its facility and may operate a restaurant
			 in conjunction with its tap room, may maintain one (1) separate manufacturing
			 facility, may export hard cider manufactured by the manufacturer out of the
			 state, and may sell for on-premises and off-premises consumption as provided in
			 ACA § 3-4-611.
Section 2.78
Hard Cider Manufacturer Permit Application.
An application under
			 this section shall:
(1) Be in
			 writing;
(2) Be verified;
(3) State in detail information concerning
			 the applicant for the permit and the premises to be used by the applicant as
			 required by the director;
(4) Be
			 accompanied by a certified check, cash, or postal money order for the amount
			 required in subsection (f) of ACA 3-4-511; and shall be in accordance with all
			 other application requirements found in ABC Rule section 1.20.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.19-011 - Persons Under 21 Exceptions - ABC Rule 3.19(10)(B)

Current through Register Vol. 49, No. 6, June, 2024
3.19(10)B.
Persons Under Twenty-One
			 (21); Exceptions.
Any person less than twenty-one (21) years of age in
			 the mixing, serving, selling or handling of controlled beverages.
Provided,
that nothing in this Regulation shall prohibit a
			 minor eighteen (18) years of age or older to be employed as a musician or
			 entertainer or to be employed in the preparation or serving of food or in the
			 housekeeping department of any establishment permitted by this Agency; and
			 nothing in this Regulation shall prohibit a minor eighteen (18) years of age or
			 older, with the written consent of a parent or guardian, to be employed in the
			 sale of beer, wine, and small farm wine at retail grocery establishments, nor
			 from being employed by permitted liquor and beer wholesalers and by permitted
			 small farm wineries to handle alcoholic beverages at the place of business of
			 the permitted wholesaler or winery; and further, nothing in this Regulation
			 shall prohibit a minor of any age to be employed as an entertainer when the
			 minor and his parent or guardian perform together as part of the same show and
			 the parent or guardian remains with the minor in a supervisory capacity.
Provided
further, minors sixteen (16) and seventeen (17) years
			 of age may be employed at those permitted outlets that qualify as retail
			 grocery establishments, but may not handle alcoholic beverages. (Amended
			 1-22-20 )
For purposes of this Regulation, retail grocery establishments
				shall not include those establishments engaged in the sale of motor fuels which
				do not maintain an inventory of human consumables (not including alcoholic
				beverage products) in an amount in excess of fifty thousand dollars ($50,000).
				The burden of providing this inventory requirement shall be on the
				permittee.
Any person or organization which holds a public restaurant
				mixed drink permit, a public hotel-motel-restaurant mixed drink permit, a
				restaurant wine permit, or a private club permit may employ persons 19 years of
				age or older to sell and handle alcoholic beverages.
Provided,
that persons 19 years of age and older may not act as bartenders but they may
				otherwise open bottles of wine and beer and serve the alcoholic beverages and
				take payment for the same.
(Amended 8-21-13 )
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.19-012 - Definition of Terms in Title 5 - ABC Rule 5.2

Current through Register Vol. 49, No. 6, June, 2024
Section 5.2
"Barrel"
means
			 thirty-one (31) gallons.
Section
			 5.8
"Malt Beverage"
means liquor brewed from
			 fermented juices of grain and having an alcoholic content of at least five
			 percent (5%) but not more than twenty-one (21%) by weight.
Section 5.14
"Microbrewery"
means a brewery that manufactures one (1) or more varieties of beer, malt
			 beverages, or hard cider in an aggregate quantity not to exceed forty-five
			 thousand (45,000) barrels per year from all facilities under common ownership
			 with the microbrewery.
Section 5.15
"Microbrewery-restaurant Private Club"
means a
			 nonprofit organization organized and existing under the laws of this state
			 that: is both a microbrewery and a restaurant; has members which are not
			 directly or indirectly benefitted by the entity's net revenues; exists for some
			 common recreational, social, patriotic, political, national, benevolent,
			 athletic, community hospitality, professional association, entertainment, or
			 other object or purpose other than the consumption of alcoholic beverages; and
			 has existed for at least one (1) year.
Section
			 5.20
"Restaurant"
means any public
			 place or private place that is primarily engaged in the business of serving a
			 meal for consumption on the premises to a guest, has a seating capacity of at
			 least fifty (50) people, and has a suitable kitchen facility to serve the
			 entire menu approved by the Alcoholic Beverage Control Division. The menu shall
			 contain a selection of food and shall not be limited to sandwiches or salads.
			 The kitchen shall have adequate refrigeration to preserve the food on the menu,
			 shall be kept in a sanitary condition, and shall comply with the rules of the
			 Department of Health. Food from the menu shall be available from opening time
			 until (2) hours before closing time. "Meal" means the usual assortment of food
			 commonly ordered at various hours of the day and "guest" means a person who
			 orders and is served a meal inside a restaurant during regular hours. A
			 microbrewery-restaurant private club must also serve at least one (1) meal per
			 day and be open for business a minimum of five (5) days per week, with the
			 exception of holidays, vacations, and periods of redecorating. (Amended
			 2020)
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.20-001 - Wine Restaurant On Premises Permit Rule 1.19(5)

Current through Register Vol. 49, No. 6, June, 2024
(5)
Wine Restaurant On Premises
			 Permit
authorizes the sale of wine and hard cider containing
			 not more than twenty-one percent (21%) alcohol by weight for consumption on the
			 premises of a restaurant; (Amended 10-29-19 )
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.20-002 - Microbrewery-Restaurant Distribution - Rule 1.19(27)

Current through Register Vol. 49, No. 6, June, 2024
(27)
Microbrewery-Restaurant
			 Distribution Permit
authorizes a microbrewery-restaurant
			 licensee to sell beer or malt liquors and hard cider of its own manufacture to
			 a wholesale dealer for the purposes of resale to retail licensees in Arkansas
			 under the three-tier system of distribution. The total aggregate brewing
			 limitation for a Microbrewery-Restaurant shall be in the amount of forty-five
			 thousand (45,000) barrels per calendar year. In addition, any holder of a
			 microbrewery-restaurant distribution permit may transport and ship its beer and
			 malt liquor by appropriate means for delivery outside the State of Arkansas to
			 business entities licensed and qualified to accept such products in their
			 respective states; (Amended 10-29-19 )
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.20-003 - Combined Restaurant Beer and Wine Permit - Rule 1.19(42)

Current through Register Vol. 49, No. 6, June, 2024
(42)
Combined Restaurant Beer and Wine Permit
authorizes the on premises sale of beer, wine, and hard cider by establishments
			 that qualify as restaurants per ABC Rule. 3.4.1
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.20-004 - Permits Not Issued Within Stated Distances - Rule 1.33(6)

Current through Register Vol. 49, No. 6, June, 2024
(6)
Permits Not To Be Issued To
			 Premises Within The Following Stated Distances From. Church Or
			 Schoolhouse.
No permit for the sale or dispensing of alcoholic
			 beverages shall be issued nor any existing permit transferred to any location
			 within the following prohibited distances of any church or schoolhouse, such
			 distances to be calculated based upon the existence of the church or school
			 building at the time the application is accepted by the agency for processing:
A.
Retail Liquor
			 Permit.
One thousand (1000) feet to be measured from the
			 nearest property line point of the church or school building to the nearest
			 property line point of the building sought to be permitted.
B.
Off Premises Retail Beer
			 Permit to be Issued to Retail Liquor Store.
One thousand (1000)
			 feet to be measured from the nearest property line point of the church or
			 school building to the nearest property line point of the building sought to be
			 permitted.
C.
Exception for Retail Liquor Store Outlets Which are Within One
			 Thousand Feet of a Church or School Building on the Date of August 13, 2001.
			 Repealed 9-16-15
For purposes of this Rule "church" means a church and all
				immediately adjacent property owned or leased by the church that is used for
				church purposes.
For purposes of this Rule, "Schoolhouse" means a facility owned
				and operated by a public or private school or an open-enrollment charter school
				as well as a public or private daycare facility licensed by the State of
				Arkansas.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.20-005 - Label and Size Containers Rule 2.19

Current through Register Vol. 49, No. 6, June, 2024
Section
			 2.19
Labels and Size of Containers to be Approved by
			 Director.
The contents of all labels affixed to containers of controlled
				beverages and the size and combination of such containers shall be approved by
				the Director. In no event shall any label or design be approved by the Director
				which contains any statement, design, device or representation which is obscene
				or indecent. Any product that does not meet the criteria for TTB COLA or
				Certification of Exemption, (such as IRC beers or ciders under 7% ABV), shall
				submit the following: proposed label(s), lab certificate of analysis, and a
				certification that the product does not qualify for TTB COLA or Certificate of
				Exemption. Any Primary American Source (PAS) submitting a brand registration to
				the agency for distribution of a product shall, in addition to all other
				requirements, submit to the Alcoholic Beverage Control Division a copy of the
				Alcohol and Tobacco Tax and Trade Bureau (TTB) Certificate of Label Approval
				(COLA) or a Certificate of Exemption from label approval. Any PAS that wishes
				to register a product for sale where the PAS has obtained a Certificate of
				Exemption from the TTB and any PAS that cannot be issued a COLA or Certificate
				of Exemption by TTB shall certify to the Director that the labels will still
				comply with TTB labeling criteria as found in the "Federal Alcohol
				Administration Act" Title 27 CFR Subchapter A - Liquors, Part 4, Subpart D.
				Section 4.39, Part 5, Subpart D, Section 5.42, Part 7, Subpart C, Section 7.29.
				Beer, light wine, and malt beverage products may submit a COLA width an updated
				label; provided only amended labels with TTB permitted changes will be
				accepted. If the ABV on the amended label differs from the COLA, a certificate
				of lab analysis must accompany the submission. In no instance shall permitted
				containers of spirituous beverages be less than one hundred (100) ml, vinous
				beverages or wine be less than one hundred eighty-seven (187) ml or beer or
				malt liquor be less than one hundred sixty-nine (169) ml or five and
				seventy-five hundredths (5.75) ounces.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.20-006 - Advertising and Promotional Materials - Rule 2.28(13)

Current through Register Vol. 49, No. 6, June, 2024
(13)
Advertising and Promotion
			 Materials; Exception for Racing Facilities and for Nonprofit Entities holding a
			 Large Attendance Facility Permit.
As an exception to Section
			 2.28(4) of these Rules, any manufacturer or wholesaler may pay for the display
			 or other presentation of advertising and promotion materials on or about the
			 premises of the holder of a franchise granted by the Arkansas Racing
			 Commission. In addition, any manufacturer may provide sponsorship of or payment
			 for the display or other presentation of advertising and promotional material
			 on or about the premises of the holder of a Large Attendance Facility permit,
			 as defined by ACA §
								3-9-202(16),
			 owned by a qualifying charitable nonprofit organization that has received tax
			 exempt status under
			 26 U.S.C.
			 §
									501(c)(3).
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.20-007 - Limitation on Production Rule 2.54

Current through Register Vol. 49, No. 6, June, 2024
Section
			 2.54
Limitation on Production.
Each
			 operator of a microbrewery-restaurant establishment is allowed to manufacture
			 beer, malt beverage, or hard cider products in limited quantities. The operator
			 shall be allowed to brew one or more varieties of beer, malt beverage, or hard
			 cider products, but in any event shall not brew more than 45,000 barrels, for
			 all products per calendar year. The 45,000 barrel limitation applies to all
			 beer, malt beverages, and hard cider brewed, including test runs. (Amended
			 10-29-19 )
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.20-008 - Medical Marijuana Rule- Abandonment of License

Current through Register Vol. 49, No. 6, June, 2024
FINAL RULE
SECTION 25.
ABANDONMENT OF
			 LICENSE
25.1
Notice of Intent to Commence Operations
a. If a licensed cultivator, licensed
			 processor, licensed dispensary, or licensed transporter within 365 days of its
			 initial license being issued or within 365 days of its renewal, if the initial
			 license was issued prior to January 1, 2020, fails to notify the Division of
			 its intent to commence operations pursuant to rule 4.2, the license shall be
			 considered abandoned and shall be immediately surrendered to the
			 Director.
b. A licensed cultivator,
			 licensed processor, licensed dispensary, orlicensed transporter prior to the
			 abandonment of the license may submit a written petition to Director for a
			 one-time 60 day extension which will be granted upon a finding that the delay
			 was not due to inattention on the part of the licensee and there is a good
			 faith basis to grant the extension.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.20-012 - Title 2 Permits to Manufacture and Wholesale

Current through Register Vol. 49, No. 6, June, 2024
SUBTITLE A
- SCOPE
Section 2.10.2
"Casino
			 licensee"
means any individual, corporation, partnership,
			 association, trust, or other entity holding a license issued by the Arkansas
			 Racing Commission to conduct casino gaming at a casino. (Adopted 12-18-2019
			 )
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.20-013 - Unauthorized Manufacture of Controlled Beverage - Rule 1.79(20)

Current through Register Vol. 49, No. 6, June, 2024
Section 1.79(20)
Unauthorized Manufacture, Sale, Offer, Dispensing, Gift, or
			 Possession of Controlled Beverage.
The permittee manufactured,
			 sold, offered for sale, dispensed, gave away, or possessed any controlled
			 beverage not authorized to be manufactured, sold, offered for sale, dispensed,
			 given away or possessed under the permit held by the permittee or allowed any
			 of the foregoing on the permitted premises by any employee or patron; Nothing
			 under this section shall prohibit "home brewed beer" as defined in accordance
			 with ACA
			 3-5-202(5)
			 (A), to be allowed on a permitted premises
			 for organized affairs, exhibitions, competitions, and tastings, but not for
			 sale, if tastings or samplings are allowed under the permittee's
			 permit.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.20-015 - 2.85 Distiller or Liquor Manufacturing

Current through Register Vol. 49, No. 6, June, 2024
SUBTITLE K
- DISTILLERS OR
			 MANUFACTURERS
Section 2.85
Disposition of Distiller or Liquor Manufacturer Products.
Subject to all
			 other product disposition rules, unless specifically allowed under this rule
			 section, a distiller or liquor manufacturer is permitted to sell, serve, or
			 otherwise dispose of controlled beverage product it produces or otherwise
			 procures as follows:
(1) A distiller or
			 manufacturer may sell, deliver, and transport any liquor product to a
			 wholesaler or rectifier;
(2) A
			 distiller or manufacturer may export any liquor product from this
			 state;
(3) A distiller or
			 manufacturer may sell for off-premises consumption on any day of the week,
			 including Sunday, its own spiritous or vinous liquor product produced either at
			 its in-state premises or its out-of-state premises;
(4) A distiller or manufacturer may sell for
			 on-premises consumption its own liquor, wine, beer, or malt liquor product
			 produced either at its in-state premises or its out-of-state
			 premises;
(5) A distiller or
			 manufacturer may sell for on-premises consumption any liquor product it
			 purchases from an in-state permitted wholesaler;
(6) A distiller or manufacturer may serve for
			 on-premises consumption complimentary samples of any liquor product it produces
			 either in-state or out-of-state;
(7) If a distiller's or manufacturer's
			 permitted location is in a wet territory, that distiller or manufacturer may
			 sell by the drink or by the retail package any spiritous or vinous liquor
			 product produced on the premises, provided that only sealed containers may be
			 removed from the premises;
(8) A
			 distiller or manufacturer may donate its liquor product to a charitable or
			 non-profit corporation on the same basis as a manufacturer under the provisions
			 of Section 2.28(6) of these Regulations;
(9) A distiller or manufacturer may sell for
			 resale its liquor product to charitable or non-profit organizations holding
			 valid temporary permits as provided for by the Alcoholic Beverage Control
			 Division, except that a distiller or manufacturer may sell to non-profit
			 organizations holding private club licenses only as provided in subparagraph
			 number 5 below of this Section. Sales of a distiller's or manufacturer's liquor
			 products to a temporary permitted location shall be limited to the duration of
			 the temporary permitted activity.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.20-016 - Alcoholic Beverage Removed From Premise Rule 1.79(27)

Current through Register Vol. 49, No. 6, June, 2024
SUBTITLE G
- PROHIBITED CONDUCT AND
			 ACTIVITIES AND PROCEDURE FOR CANCELLATION, SUSPENSION AND REVOCATION OF
			 PERMITS
Section 1.79(27)
Allowing Alcoholic Beverages to he Carried From
			 Any
On
Premises Alcoholic Beverage
			 Outlet or Private Club.
The permittee allowed any patron to
			 exit the permitted premises carrying any open container of alcoholic beverages
			 or allowed any patron to exit any on premises retail beer outlet carrying
			 sealed alcoholic beverages in any combination not authorized by the Director
			 for off premises sales.
Private clubs and hotel-motel-restaurant mixed drink permitted
				outlets are not allowed to sell any alcoholic beverages to be taken off the
				permitted premises.
Provided,
(1) those
				establishments holding an on premises wine restaurant or cafe permit, a
				combined restaurant beer and wine permit, hotel-motel-restaurant mixed drink
				pennit, or private club permit, may allow a customer, who purchases an unsealed
				package of wine in conjunction with a food purchase and consumes a portion of
				the wine on the premises with the meal, to replace the cork and remove the
				partially filled package from the premises; (2) patrons may walk back and forth
				with an alcoholic beverage between a private club permitted premises and
				another contiguous permitted premises when both premises arc a part of the same
				business operation and the alcoholic beverage is a type pennitted by both
				premises; and (3) patrons may walk back and forth with an alcoholic beverage
				between an on premises permitted outlet and a contiguous outlet issued a casino
				license by the Arkansas Racing Commission as long as the casino licensee is in
				operation. (Amended 10-21-2 0)
It is further provided that any on-premises outlet in a valid
				Entertainment District may allow patrons to leave the permitted premises with
				alcoholic beverages. A city, municipality, or incorporated town that has
				designated an Entertainment District shall notify the ABC within ten (10) days
				of issuance or removal of a district. Notification for issuance of an
				Entertainment District shall include: whether the district is temporary or
				permanent, the days and hours of operation of the Entertainment District, any
				other regulations within the Entertainment District, as well as any on-premises
				outlets that elect to opt out of the Entertainment District. Any on-premise
				permit within an Entertainment District that opts out of the Entertainment
				District may not permit patrons to leave the premises with alcoholic
				beverages.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.21-001 - Types of Permits for Which Application May be Made Rule 1.19(39)

Current through Register Vol. 49, No. 6, June, 2024
Section 1.19(3)
Beer Wholesale Permit
authorizes
				the purchase of beer, malt liquor, or spiritous liquor beverages, classified as
				ready-to-drink products containing spiritous liquor with a final finished
				product of no greater than fifteen percent (15%) alcohol by weight, from a
				licensed manufacturer or importer and the sale thereof to persons holding
				permits to sell such products for consumption on or off the premises.
Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.21-002 - Definitions: Mead Rule 2.10.3

Current through Register Vol. 49, No. 6, June, 2024
Section
			 2.10.3
"Mead"
means an alcoholic beverage made
			 through the fermentation of honey as the primary ingredient. Mead includes
			 without Limitation cyser, braggot, metheglin, and melomels.