Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.07-001 - Amendment to Section 1.12; Section 1.19(4)(6)(7)(36)(37)(38)(39)(40); Section 1.20(18); Section 1.22.1; Section 1.22.2; Section 1.22.3; Section 1.23; Section 1.32.1; Section 1.33(8)(15); Section 1.79(25); Section 2.12; Repeal of Section 2.12.1; Section 2.16(10); Section 2.28(12)(15); Repeal of Section 2.46; Repeal of Sections 2.47, 2.48, 2.49, 2.50, 2.51, 2.52; New Regulation Sections 2.70, 2.71, 2.72, 2.73, 2.74; Section 3.1; Section 3.19(1)C (2)(3)F (10)A (10)B (13); Section 4.3; Repeal Section 5.41, 5.42, 5.43, 5.44; Section 6.6

Current through Register Vol. 49, No. 6, June, 2024
Section 1.12
"Native Beverage"
means brandy manufactured in
			 the State of Arkansas from the juices of grapes, berries and other fruits or
			 vegetables grown in the State of Arkansas,
Section 1.19(4)
Small Farm Wine
			 Retail Off Premises Permit
authorizes the Hale of small farm
			 wines for consumption off the premises described in the permit;
Section 1.19(6)
Small Farm Wine
			 Wholesale
Permit
authorizes the purchase of small farm wine
			 from a licensed manufacturer and the sale thereof to persons holding permits to
			 sell small farm wine for consumption on or off the promises;
Section 1.19(7)
Small Farm Wine
			 Manufacturer For Sale Permit
authorizes the sale of small farm wine to persona holding a
				wholesale wine or small arm retail wine permit, or the sale of small farm wine
				to the consumer sold upon the premises of the winery. In addition, the winery
				may sell wine by the glass.
It is further provided that such on premises and off premises
				sales may occur on any day of the week. On Monday through Friday, wine may not
				be sold at a winery for either on premises or off premises consumption before
				7:00 a.m. or after 1:00 a.m. the next day. On Saturday, the winery may not sell
				wine as set out above before 7:00 a.m. or after 12:00 midnight Saturday night.
				On a Sunday, the winery may sell wine as set forth above to consumers between
				the hours of 12:00 p.m. and 10:00 p.m., or within such lesser period as may be
				provided by an ordinance by any city or county where the winery is
				located;
Section 1.19(36)
Sampling Permit
authorizes a retail liquor store
			 to serve at no charge to the customer, servings of alcoholic beverages, as
			 authorised by a permit, for on premises consumption at the retail Jiquor store.
			 Samples may only be offered during the regular hours of operation of liquor
			 stores. If authorized by the permit, wine samples shall be limited to a total
			 of three samples not to exceed one-half ounce (0.5 oz.) per sample per customer
			 each day. No more than two (2) two ounce (2
oz.)
beer servings
			 may be offered to each customer per day, authorized by the permit and no more
			 than two (2) one-half ounce (0.5 oz.J samples of spirits may be served to each
			 customer per day if authorized by the permit obtained by the retail liquor
			 store.
Section 1.19(37)
Post Exchange Package Permit
authorizes the sale
			 of alcoholic beverages at a post exchange facility located upon property owned
			 by the State of Arkansas and operated by the Military Department of
			 Arkansas.
Section 1.19(38)
Brandy Distilling Permit
authorizes distilling
			 brandy or spirituous liquors for use in fortifying of wines manufactured from
			 the juices of grapes, berries, and other fruits or vegetables grown in
			 Arkansas.
Section 1.19f39)
Native Brandy Permit
authorizes the manufacture
			 and sale of brandy, cordials or other distillates or component parts thereof
			 manufactured solely from agricultural or horticultural products produced in
			 Arkansas.
Section 1.19(40)
Native Beer Permit
authorizes the permit holder
			 to operate a small brewery or a microbrewery - restaurant in the manner
			 provided for by Act 1805 of 2003.
Section
			 1.20(18) Any person, corporation, or business entity making
			 application to replace an existing permittee shall submit with the application
			 a replacement notice from the current permit holder authorizing the replacement
			 applicant to operate under the authority of the currently valid permits) while
			 the replacement application is pending before the agency. The replacement
			 authorization must be on the form provided to the applicant by the Alcoholic
			 Beverage Control Division. In no event shall the current permit holder be
			 allowed to withdraw the replacement notice of authorization once the
			 replacement application has been accepted by the agency for processing. Once
			 the replacement application has been acted on by final agency decision, the
			 replacement notice expires and may not be used for subsequent
			 applications.
Section 1.22-1
Temporary Beer Permit.
Temporary beer permits for
			 the sale of beer 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 forty dollars ($40,00), 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.
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 Regulations, 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 nest Board
				meeting.