Arkansas Code
Title 3 - Alcoholic Beverages

§ 3-1-105. Posting of warning signs relating to drinking alcoholic beverages during pregnancy — Definition - (a) A person that has received a permit from the...

Chapter 2 - Administration and Enforcement

Subchapter 1 - General Provisions

§ 3-2-101. Interest of enforcement officers in alcoholic liquors prohibited - (a) Neither the Secretary of the Department of Finance and...

§ 3-2-103. Information to be submitted by applicants - (a) Any person applying for any permit issued by the...

§ 3-2-104. Definition of “schoolhouse” - (a) For all businesses regulated under this title by the...

Subchapter 2 - Primary Regulatory Agencies

§ 3-2-201. Alcoholic Beverage Control Board - (a) There is created an Alcoholic Beverage Control Board. (b)...

§ 3-2-202. Director of Alcoholic Beverage Control — Staff - (a) The Director of Alcoholic Beverage Control shall be an...

§ 3-2-203. Enforcement division — Director and staff - (a) The Director of the Alcoholic Beverage Control Enforcement Division...

§ 3-2-204. Seals — Authentication of records - (a) The Director of the Alcoholic Beverage Control Division and...

§ 3-2-205. Powers and duties - (a) The Alcoholic Beverage Control Division and the Alcoholic Beverage...

§ 3-2-206. Rules - (a) The Director of the Alcoholic Beverage Control Division shall...

§ 3-2-207. Qualifications and oath of personnel - (a) No person shall be appointed a member of the...

§ 3-2-208. Solicitation or acceptance of bribe prohibited - (a) No member or employee of the Alcoholic Beverage Control...

§ 3-2-209. Enforcement — Duties of state and local officers - (a) The Alcoholic Beverage Control Division and the Alcoholic Beverage...

§ 3-2-210. Authority of enforcement agent — Deputy Director of Education — Law enforcement officer - (a) The right of any enforcement agent, law enforcement officer,...

§ 3-2-211. Records and reports of licensees - (a) Each licensee shall keep complete and accurate records of...

§ 3-2-212. Denial, suspension, or revocation of licenses — Proceedings before division - (a) All proceedings for the suspension and revocation of licenses...

§ 3-2-213. Denial, suspension, or revocation of license — Appeal to board - (a) (1) Any applicant or licensee aggrieved by an order...

§ 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...

§ 3-2-215. Conduct of hearings before board - (a) For the purpose of hearing or conducting any appeal...

§ 3-2-216. Appeal to courts - An appeal of the decision of the Alcoholic Beverage Control...

§ 3-2-217. Transcript fees - (a) There is fixed a cost of one dollar and...

Subchapter 3 - Other Enforcing Agencies

§ 3-2-301. Circuit judges — Appointment of temporary officers and special prosecutors - (a) The circuit judges of this state are declared to...

§ 3-2-302. Circuit judges — Impeachment - (a) If the Director of the Alcoholic Beverage Control Division...

§ 3-2-303. Authority of the Division of Arkansas State Police - (a) In addition to the duties otherwise prescribed by law...

§ 3-2-304. Search warrants - (a) It is made and declared to be the duty...

Subchapter 4 - Distribution

§ 3-2-401. Purpose - This subchapter is promulgated pursuant to the authority granted to...

§ 3-2-402. Scope of subchapter - This subchapter does not repeal or supersede any of the...

§ 3-2-403. Spirituous and vinous beverages — Registration of brands and labels — Designation of licensed wholesaler — Definition - (a) As used in this section, “brand label” means the...

§ 3-2-404. Request to change wholesalers — Contents of application - Any distiller, manufacturer, importer, or producer desiring to change wholesalers...

§ 3-2-405. Request to change wholesalers — Notice — Objections — Hearing — Disposition of proceedings - (a) (1) At the same time that the original wholesaler...

§ 3-2-406. Request to change wholesalers — Hearing — Time — Findings — Appeal - (a) Any hearing held by the Director of the Alcoholic...

§ 3-2-407. Request to change wholesalers — Automatic approval - If no objection is filed to the wholesaler change request...

§ 3-2-408. Acquisition of right to sell, ship, or distribute label - Any distiller, manufacturer, importer, or producer who obtains or acquires...

§ 3-2-409. Beer, malt products, or light wine - (a) Every manufacturer or importer of beer or other malt...

§ 3-2-410. Terms and conditions of agreements with wholesaler binding on successor - A successor to a distiller, manufacturer, importer, producer, winery, or...

§ 3-2-411. Subchapter incorporated into division approvals — Applicability — Waiver - (a) The terms, conditions, and requirements of this subchapter are...

§ 3-2-412. Dual distributorship prohibited — Definition - (a) (1) The creation of a dual distributorship is prohibited....

§ 3-2-413. Labels for confectionaries containing nonliquid alcohol - A confectionary containing between five-tenths of one percent (0.5%) and...

Chapter 3 - Prohibited Practices

Subchapter 1 - General Provisions

§ 3-3-101. Accessories guilty as principals - Every person knowingly aiding or abetting any person, firm, or...

§ 3-3-102. Sentences and fines - (a) When a jail sentence is inflicted as part of...

§ 3-3-103. Multiple offenses — Bonds for good behavior - (a) Upon a second or any subsequent conviction or bond...

Subchapter 2 - Particular Practices Prohibited

§ 3-3-201. Unknowingly furnishing or selling to minor - (a) Any person who unknowingly sells, gives away, or otherwise...

§ 3-3-202. Knowingly furnishing or selling to minor - (a) (1) (A) It shall be unlawful for any person...

§ 3-3-203. Purchase or possession by minor - (a) (1) It is unlawful for any person under twenty-one...

§ 3-3-204. Handling by minor - (a) Except as provided in subsection (b) or subsection (c)...

§ 3-3-205. Sale or possession without license - (a) (1) Any person who shall sell, barter, exchange, or...

§ 3-3-206. Sale or delivery to retailer without valid license tax receipt - (a) Any manufacturer or jobber who shall sell or deliver...

§ 3-3-208. Possession or procuring orders - (a) Any person who, by himself, herself, his or her...

§ 3-3-209. Furnishing to alcoholics or intoxicated persons - Any person who shall sell, give away, or dispose of...

§ 3-3-210. Sale on Sunday or early weekday mornings - (a) (1) A person who sells intoxicating alcoholic liquor on...

§ 3-3-211. Sales on Christmas Day - (a) It shall be unlawful to sell intoxicating liquors on...

§ 3-3-212. Manufacturer-seller relationships generally - (a) It shall be unlawful for a manufacturer to: (1)...

§ 3-3-213. Manufacturer-seller relationships — Exclusivity agreements — Definitions - (a) It shall be unlawful for any person engaged in...

§ 3-3-214. Sale of denatured alcohol - (a) It is unlawful for any person to sell, give...

§ 3-3-215. Obtaining federal license without state license - (a) Any person within this state who has had issued...

§ 3-3-216. Possession or sale of untaxed intoxicating liquor — Definition - (a) As used in this section, “intoxicating liquor” means any...

§ 3-3-218. Duty of care of privilege license holders — Enforcement - (a) It is the specifically declared policy of the General...

§ 3-3-219. Social hosts — Criminal liability - (a) (1) A person who exercises control over private property...

Subchapter 3 - Dry Territories

§ 3-3-301. Definition - As used in this subchapter, unless the context otherwise requires,...

§ 3-3-302. Penalties - (a) Unless a different penalty is specifically provided, any person...

§ 3-3-303. Rules - The Director of the Alcoholic Beverage Control Division shall promulgate...

§ 3-3-309. Procuring liquor for another - (a) (1) It shall be unlawful for any person to...

§ 3-3-310. Solicitation or taking orders - (a) It shall be unlawful for any person, firm, or...

§ 3-3-311. Seizure and forfeiture of beverages authorized - (a) All spirituous, vinous, or malt liquors or beverages found...

§ 3-3-312. Procedure upon seizure of beverages - (a) All spirituous, vinous, or malt beverages found in the...

§ 3-3-313. Determination of interests in seized beverages - (a) Any person claiming any interest in any alcoholic beverages...

§ 3-3-314. Sale of confiscated beverages - (a) Immediately upon the expiration of thirty (30) days from...

§ 3-3-315. Failure to surrender confiscated beverages - Any person who shall seize or confiscate any spirituous, vinous,...

Subchapter 4 - Illicit Manufacture and Equipment

§ 3-3-401. Definition - (a) As used in this subchapter, unless the context otherwise...

§ 3-3-402. Manufacture, possession, and transportation - (a) It shall be unlawful for any person, including any...

§ 3-3-403. Seizure and forfeiture of vehicles - (a) All vehicles or vessels used in the transportation or...

§ 3-3-404. Destruction and sale of still - (a) The court, upon conviction of any defendant for illegal...

§ 3-3-405. Defendant's reputation as evidence - In any prosecution or proceeding for any violation of this...

Chapter 4 - Alcoholic Beverages Generally — Permits

Subchapter 1 - General Provisions

§ 3-4-101. Permit required - (a) Vinous (except wines), spirituous, or malt liquors or hard...

§ 3-4-102. Exhibition of permit - (a) Before commencing or doing any business for the time...

§ 3-4-103. Fiduciaries — Continuation of permitted business - (a) If a corporation or copartnership holding a permit under...

§ 3-4-104. Sale by fiduciaries or insurers - (a) Any person, including an individual, partnership, association, or corporation,...

§ 3-4-105. Temporary permits - (a) (1) The Alcoholic Beverage Control Division may issue a...

§ 3-4-106. Alcoholic beverage sampling authorized — Definition - (a) As used in this section, “selling unit” means the...

Subchapter 2 - Issuance and Terms

§ 3-4-201. Number of permits restricted — Definition - (a) The public policy of the state is to restrict...

§ 3-4-202. City and county licenses and taxes - (a) The Alcoholic Beverage Control Board in exercising its discretionary...

§ 3-4-205. Interest in other permits prohibited — Exceptions - (a) For purposes of this section, the term “vested permits”...

§ 3-4-206. Operation of retail liquor business near church or schoolhouse prohibited — Definitions - (a) As used in this section: (1) “Church” means a...

§ 3-4-207. Ineligible persons - The following persons described in this section shall not receive...

§ 3-4-208. Applications — Procedure for acceptance and determination - (a) Applications for new permits will be accepted by the...

§ 3-4-209. Applications — Contents - In addition to such other information as the Director of...

§ 3-4-210. Applications — Notice requirements - (a) (1) (A) After filing an application with the Director...

§ 3-4-211. Applications — Protests - Upon receipt by the Director of the Alcoholic Beverage Control...

§ 3-4-212. Applications — Denial - (a) On all permit applications and administrative applications processed by...

§ 3-4-213. Applications — Appeals - Any appeal from an order of the Director of the...

§ 3-4-214. Contents of permits - A permit shall contain, in addition to any further information...

§ 3-4-216. Renewal - (a) All permits issued by the Alcoholic Beverage Control Division...

§ 3-4-217. Transfer or assignment - (a) No permit shall be transferable or assignable. (b) No...

§ 3-4-218. Permits restricted to permitted premises - (a) (1) No new liquor permits shall be issued to...

§ 3-4-219. Fees — Duration - (a) Applications for permits shall be made for issuance only...

§ 3-4-220. Duplicate permits - Whenever a permit shall be lost or destroyed without fault...

§ 3-4-221. Transfer of permitted location - The Alcoholic Beverage Control Board shall not authorize the transfer...

§ 3-4-222. Reapplication - (a) (1) Whenever any application for any type of alcoholic...

§ 3-4-223. Diversity in ownership and financial interest - When issuing a permit under Title 3 of the Arkansas...

Subchapter 3 - Revocation

§ 3-4-301. Grounds for revocation - (a) Any permit issued pursuant to this act may be...

§ 3-4-302. Statement of causes of revocation - (a) There shall be printed and furnished by the Director...

§ 3-4-303. Notice — Surrender of permit - (a) (1) Within three (3) days after a permit shall...

Subchapter 4 - Violations

§ 3-4-401. Authorization to impose fines - In addition to all other sanctions and penalties which may...

§ 3-4-402. Classes of violations and fines — Multiple offenses - (a) The following classes of alcoholic beverage control permit violations...

§ 3-4-403. Class A permit violations - The following acts on the part of any permittee are...

§ 3-4-404. Class B permit violations - The following acts on the part of the permittee are...

§ 3-4-405. Class C permit violations - (a) The following acts on the part of any permittee...

§ 3-4-406. Failure to pay invoices - (a) The Alcoholic Beverage Control Division is authorized to maintain...

§ 3-4-407. Violation of local closing hours laws - (a) The General Assembly, by legislation, and the Alcoholic Beverage...

Subchapter 5 - Disposition of Fees and Taxes

§ 3-4-501. When fees due — Disposition - (a) All license taxes provided and levies under this act...

§ 3-4-502. Fines - When any fine is levied and collected under subchapter 4...

§ 3-4-503. Suits to restrain collection — Refunds - (a) No suit shall be maintained in any court to...

Subchapter 6 - Particular Permits

§ 3-4-601. Kinds of permits generally - (a) There shall be various kinds of permits, including without...

§ 3-4-602. Distillers or manufacturers - (a) Any person may apply to the Director of the...

§ 3-4-603. Rectifiers - (a) Any person may apply to the Director of the...

§ 3-4-604. Retailers - (a) A person, other than a distiller, importer, rectifier, or...

§ 3-4-605. Wholesalers - (a) A person other than a distiller, manufacturer, rectifier, or...

§ 3-4-606. Wholesalers — Additional requirements - (a) In addition to any restriction or requirement now imposed...

§ 3-4-607. Minimum wholesale liquor permit - (a) (1) A person other than a distiller, manufacturer, rectifier,...

§ 3-4-608. Spirituous liquor — Vinous liquor — Supplier registration - (a) As used in this section: (1) “Small farm wine”...

§ 3-4-609. Wholesaler permit — Issuance — Transfer - (a) (1) A wholesaler permit shall not be issued under...

§ 3-4-610. Layout center permit - (a) A corporation that is publicly traded on a nationally...

§ 3-4-611. Hard cider manufacturing permit - (a) A person may apply to the Director of the...

Subchapter 7 - Post Exchange Package Permit

§ 3-4-701. Creation — Issuance — Expiration - (a) (1) In addition to all other existing alcoholic beverage...

§ 3-4-702. Hours of lawful sales — Purchase from wholesale distributors - (a) The hours of lawful sales under the post exchange...

§ 3-4-703. Authorized purchasers - Sales of alcoholic beverages under the post exchange permit shall...

§ 3-4-704. Rules - The Alcoholic Beverage Control Division is authorized to adopt reasonable...

§ 3-4-705. Unauthorized sales — Penalties - Any unauthorized sales pursuant to the permit created herein shall...

§ 3-4-706. Military service club mixed drink permit - (a) In addition to the post exchange and other post...

Subchapter 8 - Responsible Permittee Programs

§ 3-4-801. Legislative intent and purpose - The legislative intent and purpose of this subchapter is to:...

§ 3-4-802. Definitions - The following words or phrases or the plural of those...

§ 3-4-803. Responsible permittee program - (a) (1) The Alcoholic Beverage Control Board shall oversee a...

§ 3-4-804. Effect of compliance - (a) A permittee who seeks to qualify as a responsible...

§ 3-4-805. Certification - In order to qualify for certification, the permittee shall comply...

§ 3-4-806. Mitigation of fines or penalties - The Alcoholic Beverage Control Board shall consider certification of a...

§ 3-4-807. Fees - (a) There is imposed on each permittee who applies and...

Subchapter 9 - Caterer's Permit

§ 3-4-901. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 3-4-902. Off-premise caterer's permit - (a) There is hereby created an off-premise caterer's permit which...

§ 3-4-903. Qualifications for permit - (a) No off-premise caterer's permit shall be issued by the...

§ 3-4-904. Gross receipts tax - Gross receipts tax shall be collected and remitted by the...

§ 3-4-905. Rules and forms - The Alcoholic Beverage Control Division is authorized to adopt reasonable...

Subchapter 10 - Restaurant Beer and Wine Permit

§ 3-4-1001. Creation — Issuance — Expiration - (a) (1) In addition to all other existing alcoholic beverage...

§ 3-4-1002. Rules - The Alcoholic Beverage Control Division may adopt rules to carry...

§ 3-4-1003. Unauthorized sales — Penalties - An unauthorized sale under the restaurant beer and wine permit...

Chapter 5 - Beer and Wine — Manufacture, Sale, and Transportation Generally

Subchapter 1 - General Provisions

§ 3-5-101. Wholesaler of beer and light wine may sell malt liquor - A person, firm, or corporation having a permit to sell...

§ 3-5-102. Additional license to sell native wines not required - Any retail liquor dealer who has been duly licensed as...

§ 3-5-103. Distribution areas - (a) All beer wholesalers in this state shall notify the...

§ 3-5-104. Wine tasting events - (a) (1) Native wineries and licensed wine and spirits wholesalers,...

§ 3-5-105. Beer festival permit - (a) (1) The Director of the Alcoholic Beverage Control Division...

§ 3-5-106. Cabins and cottages - (a) For purposes of this section, “cabins and cottages” means...

§ 3-5-107. Unlawful pricing by brewers and manufacturers - (a) As used in this section, “discriminate” means the granting...

Subchapter 2 - Beer and Light Wine

§ 3-5-201. Purpose - (a) The purpose of this subchapter is to legalize the...

§ 3-5-202. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 3-5-203. Penalties - (a) Any violation of the provisions of this subchapter or...

§ 3-5-204. Manufacture, sale, etc., a privilege - The business of manufacturing, handling, receiving, distributing, or selling the...

§ 3-5-205. Privilege tax — Levy and collection — Exception — Definition - (a) For the privilege of doing business, there shall, each...

§ 3-5-206. Issuance of state permit - (a) The payment of the special tax provided in §...

§ 3-5-207. Scope of state permit - (a) Except as provided in subsection (b) of this section,...

§ 3-5-208. Duration of state permits - (a) Permits issued under the provisions of § 3-5-206 for...

§ 3-5-209. Transfer of permit — Dancing privileges — Inspection fee - (a) A person that holds an alcoholic beverage control permit...

§ 3-5-210. Sale or manufacture without state permit unlawful - (a) Except as provided in subsection (b) of this section,...

§ 3-5-211. Local permit required - It shall be unlawful for any person to sell, distribute,...

§ 3-5-212. County and municipal retailers' permits - (a) (1) Before any person shall be authorized to offer...

§ 3-5-213. Cities and towns — Regulation of retailers - All incorporated cities and towns in the State of Arkansas...

§ 3-5-214. Oath by applicant for permit — Prohibited interests - (a) Before any permit authorized by this subchapter shall be...

§ 3-5-215. Qualifications of retail permittees - No permit shall be granted to any permittee by the...

§ 3-5-216. Warehousing of beer and light wines - (a) Light wines or beer upon which the tax prescribed...

§ 3-5-217. Transportation of products - (a) (1) It shall be lawful to transport the products...

§ 3-5-218. Duplicate bills of lading - (a) Every railroad company, express company, air transportation company, motor...

§ 3-5-219. Records and reports - (a) Retail and wholesale dealers in light wines or beer,...

§ 3-5-220. Sale in original, labeled containers - It shall be unlawful for any person to sell or...

§ 3-5-221. Miscellaneous prohibited practices — Penalties - (a) (1) Any person being either a retail dealer or...

§ 3-5-222. Nudity on premises prohibited — Penalty — Rules - (a) No person that has received a permit under any...

§ 3-5-223. Actions to recover taxes - (a) Where the Secretary of the Department of Finance and...

§ 3-5-224. Disposition of funds - All permits or license fees or taxes, penalties, fines, proceeds...

§ 3-5-225. Additional administrative personnel - The Secretary of the Department of Finance and Administration and...

§ 3-5-226. On-premises sales by brewery - (a) The brewery may sell to the consumer at the...

§ 3-5-227. Registration of beer kegs for off-premises consumption - (a) As used in this section: (1) “Beer” means any...

Subchapter 3 - Beer — Licensing of Retailers

§ 3-5-301. Subchapter cumulative - This subchapter shall not be construed to repeal any other...

§ 3-5-302. Applications — Qualifications of applicant - (a) A license shall not be issued to any person...

§ 3-5-303. Applications — Misstatement or concealment of facts - Any misstatement or concealment of fact in the application shall...

§ 3-5-304. Applications — Notice requirements - (a) (1) After filing an acceptable application with the Director...

§ 3-5-305. Applications — Protests - Upon receipt by the Director of the Alcoholic Beverage Control...

§ 3-5-306. Applications — Appeals - (a) Any appeal from an order of the Director of...

§ 3-5-307. Prohibited practices - No holder of a license authorizing the sale of beer...

Subchapter 6 - Native Wines — Production and Sale

§ 3-5-601. Legislative determinations and intent - (a) (1) The General Assembly finds and determines that, due...

§ 3-5-602. Rules - (a) The Secretary of the Department of Finance and Administration...

§ 3-5-603. Bottling — Tax - (a) In order to enable Arkansas wineries which produce native...

§ 3-5-604. Importing natural fruit flavors and herb flavors - (a) The Alcoholic Beverage Control Division and the Department of...

§ 3-5-605. Importing fruits and vegetables - (a) Arkansas wineries are authorized to import into this state,...

§ 3-5-606. Importing wines for blending - (a) (1) Arkansas wineries are authorized to import into Arkansas...

Subchapter 7 - Wine Producers Council

§ 3-5-701. Creation — Members - (a) (1) There is created the Arkansas Wine Producers Council...

§ 3-5-702. Officers - At the first meeting of the Arkansas Wine Producers Council,...

§ 3-5-703. Powers and duties - (a) The Arkansas Wine Producers Council shall have the authority...

Subchapter 8 - Native Wine Industry Disaster Relief Act

§ 3-5-801. Title - This subchapter and § 3-5-405 [repealed] shall be known as...

§ 3-5-802. Legislative determinations and purpose - (a) The General Assembly recognizes, by the passage of this...

§ 3-5-803. Acquisition of ingredients from outside state - Whenever reference is made in this subchapter to the acquisition...

§ 3-5-804. Construction of act with existing laws - (a) It is the intent of this subchapter and §...

§ 3-5-805. Declaration of a relief program — Effect - (a) Whenever, due to excessive heat, drought, flood, plant disease,...

§ 3-5-806. Expanding operations during period of program - It shall be unlawful during the period of a native...

§ 3-5-807. Tax on wines produced under program - (a) During a period of native wine industry disaster relief...

Subchapter 9 - Native Wines — Incentive Grants

§ 3-5-901. Program established - As a means of providing more stable markets for grapes,...

§ 3-5-902. Purpose of incentives - Through the passage of this subchapter, the General Assembly establishes...

§ 3-5-903. Rules - The Secretary of the Department of Finance and Administration may...

§ 3-5-904. Eligibility - (a) A winery is eligible to receive a grant under...

§ 3-5-905. Applications - Any winery in this state that produces wine from grapes,...

§ 3-5-906. Records - (a) Any winery seeking grant payments under the provisions of...

§ 3-5-907. Payments — Amount - (a) Grant payments as authorized in this subchapter shall be...

§ 3-5-908. Arkansas Agricultural Marketing Grants Fund - There is established on the books of the Treasurer of...

Subchapter 10 - Native Wines — Subsidies

§ 3-5-1001. Legislative determinations and intent - (a) The General Assembly finds and recognizes that the tax...

§ 3-5-1002. Implementation dependent on federal legislation - (a) The provisions of this subchapter shall be effective, and...

§ 3-5-1003. Program to be established - (a) In the event the Congress of the United States...

§ 3-5-1004. Eligibility — Payment — Amount - (a) The subsidy to Arkansas growers of grapes, berries, fruits,...

§ 3-5-1005. Applications - Any winery in this state which produces wines from grapes,...

§ 3-5-1006. Records - (a) Each winery in this state shall keep records to...

§ 3-5-1007. Establishment of Arkansas Wine Grape, Berry, Fruit, and Vegetable Subsidy Fund - (a) In order to provide moneys to be used in...

Subchapter 11 - Beer — Wholesalers and Suppliers

§ 3-5-1101. Legislative intent and purpose - (a) The legislative intent and purpose of this subchapter is...

§ 3-5-1102. Definitions - (a) The following words or phrases, or the plural thereof,...

§ 3-5-1103. Applicability of subchapter to future agreements — Transferee continues under agreement - (a) This subchapter shall apply to agreements entered into or...

§ 3-5-1104. Subchapter cumulative - This subchapter is cumulative, and supplements and is in addition...

§ 3-5-1105. Waiver of rights - (a) (1) A wholesaler may not waive any of the...

§ 3-5-1106. Civil action for violations — Damages — Venue - (a) If a supplier or wholesaler engages in conduct prohibited...

§ 3-5-1107. Prohibited acts by supplier - (a) A supplier shall not do the following: (1) Fail...

§ 3-5-1108. Compensation upon supplier's violation — Arbitration - (a) Except as provided for in this subchapter, a supplier...

§ 3-5-1109. Prohibited acts by wholesaler - A wholesaler shall not do any of the following: (1)...

§ 3-5-1110. Transfer of wholesaler's business — Interference prohibited - (a) (1) (A) Upon written notice of intent to transfer...

§ 3-5-1111. Conditions for modification of agreement - (a) Notwithstanding any agreement and except as otherwise provided for...

Subchapter 12 - Microbrewery-Restaurants

§ 3-5-1201. Legislative determinations and intent - (a) The General Assembly reaffirms the policy of this state...

§ 3-5-1202. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 3-5-1203. Effect on other laws - Every provision of this subchapter shall be subject to all...

§ 3-5-1204. Licenses — Scope — Restrictions - (a) The Director of the Alcoholic Beverage Control Division may...

§ 3-5-1205. Fees and taxes - A microbrewery-restaurant licensee shall: (1) Pay any applicable city or...

§ 3-5-1206. Licenses — Application - No microbrewery-restaurant license shall be issued unless the applicant shall...

§ 3-5-1207. Operation without license prohibited - It shall be unlawful and constitute a Class A misdemeanor...

§ 3-5-1208. Rules - The Director of the Alcoholic Beverage Control Division, the Alcoholic...

Subchapter 13 - Nonresident Beer Seller's Permits

§ 3-5-1301. Short title - This subchapter shall be known as the “Nonresident Beer Seller's...

§ 3-5-1302. Definitions - As used in this subchapter: (1) “Beer” shall have the...

§ 3-5-1303. When permit required - (a) A nonresident seller's permit is required of any manufacturer,...

§ 3-5-1304. Authorized transactions - (a) The holder of a nonresident seller's permit is authorized...

§ 3-5-1305. Prohibited actions - No holder of a nonresident seller's permit or wholesaler support...

§ 3-5-1306. Application for permit - (a) Any manufacturer, importer, or other person desiring to obtain...

§ 3-5-1307. Wholesale dealers and distributors to import from nonresident seller permittees only - (a) No wholesale dealer and distributor licensed under § 3-5-206...

§ 3-5-1308. Nonresident seller to be primary American source of supply — Definition - (a) No holder of a nonresident seller's permit or wholesaler...

§ 3-5-1309. Investigation of permittees - (a) If a representative of the Alcoholic Beverage Control Division...

§ 3-5-1310. Administrative sanctions - (a) The Director of the Alcoholic Beverage Control Division and...

Subchapter 14 - Arkansas Small Brewery Act

§ 3-5-1401. Title - This subchapter shall be known and may be cited as...

§ 3-5-1402. Legislative determinations and intent - (a) The General Assembly finds that: (1) The creation and...

§ 3-5-1403. Definitions - As used in this subchapter: (1) “Barrel” means thirty-one gallons...

§ 3-5-1404. Effect on other laws - Every provision of this subchapter is subject to all beer,...

§ 3-5-1405. Licenses — Scope — Restrictions - (a) The Director of the Alcoholic Beverage Control Division may...

§ 3-5-1406. Additional license to sell small brewery beer, malt beverages, and hard cider not required - (a) Any wholesale or retail dealer that is licensed to...

§ 3-5-1407. Transportation - (a) A small brewery may transport its beer, malt beverages,...

§ 3-5-1408. Fees and taxes - A small brewer shall: (1) Pay any applicable city or...

§ 3-5-1409. Beer, malt beverage, and hard cider education - (a) (1) A small brewer may be allowed to conduct...

§ 3-5-1410. Licenses — Application - A small brewers' license shall not be issued unless the...

§ 3-5-1411. Operation without license prohibited - It is a Class C misdemeanor for any person not...

§ 3-5-1412. Dry areas prohibited - It is unlawful for the Director of the Alcoholic Beverage...

§ 3-5-1413. Rules - The Director of the Alcoholic Beverage Control Board and the...

§ 3-5-1414. Construction - This subchapter is supplemental to all other laws concerning alcoholic...

§ 3-5-1415. Sales on any day of week - Small brewery beer, malt beverages, and hard cider may be...

§ 3-5-1416. Small brewery is a supplier - (a) A small brewery selling and transporting beer, malt beverages,...

§ 3-5-1417. Exemption for front-of-house employees - A front-of-house employee may be employed simultaneously by another holder...

§ 3-5-1418. Small brewery tap room - (a) A small brewery tap room may: (1) For beer...

Subchapter 15 - Temporary Wine Charitable Auction Permit

§ 3-5-1501. Temporary wine charitable auction permit - (a) There is established a temporary wine charitable auction permit....

§ 3-5-1502. Authorized location of auction - (a) The holder of a temporary wine charitable auction permit...

§ 3-5-1503. Disposition of auction proceeds - The proceeds from the sale of wine sold at a...

§ 3-5-1504. Origination of wine to be auctioned - (a) The wine to be auctioned shall be obtained by:...

§ 3-5-1505. Prohibited activities - The holder of a temporary wine charitable auction permit shall...

§ 3-5-1506. Permit duration, fees, and gross receipts - (a) The temporary wine charitable auction permit shall be issued...

§ 3-5-1507. Administrative rules - (a) The Alcoholic Beverage Control Division shall adopt rules governing...

Subchapter 16 - Free Trade Among Small Wineries

§ 3-5-1601. Definition - As used in this subchapter, “small farm winery” means a...

§ 3-5-1602. Licensing of small farm wineries - (a) An in-state or out-of-state small farm winery may apply...

§ 3-5-1603. Restaurant wine license — Retail malt beverage license - (a) The Alcoholic Beverage Control Board may issue a restaurant...

§ 3-5-1604. Existing native winery licenses - (a) A person that holds a license as a native...

§ 3-5-1605. License fees generally - (a) For the privilege of doing business respectively, as indicated...

§ 3-5-1606. Rules - The Alcoholic Beverage Control Board shall promulgate rules to implement...

§ 3-5-1607. Sales on any day of the week - Notwithstanding any law to the contrary, small farm winery wine...

§ 3-5-1608. Bond - By consent of the Secretary of the Department of Finance...

§ 3-5-1609. Penalty - Upon conviction, a person who violates this subchapter or any...

Subchapter 17 - Direct Shipment of Vinous Liquor Act

§ 3-5-1701. Title - This subchapter shall be known and may be cited as...

§ 3-5-1702. Definitions - As used in this subchapter: (1) “Small farm winery” means...

§ 3-5-1703. Registration — Renewal fee - (a) (1) Unless registered under this subchapter, a winery licensed...

§ 3-5-1704. Purchase — Payment of taxes - (a) A consumer must: (1) Be physically present at the...

§ 3-5-1705. Direct shipment - (a) A winery shall ship only a vinous liquor to...

§ 3-5-1706. Delivery - A winery shall have the vinous liquor delivered to an...

§ 3-5-1707. Rules - The Director of the Alcoholic Beverage Control Division, the Alcoholic...

§ 3-5-1708. Disposition of funds - (a) Permit fees or taxes, label fees, penalties, fines, proceeds...

§ 3-5-1709. Small farm winery shipment - (a) (1) A small farm winery licensee with a wine...

§ 3-5-1710. Permits — Drawing — Issuance - (a) (1) Within sixty (60) days after April 3, 2017,...

Subchapter 18 - Wine Sales in Grocery Stores

§ 3-5-1801. Definitions - As used in this subchapter: (1) “Grocery store” means a...

§ 3-5-1802. Grocery store wine permit — Fees - (a) A grocery store may apply to the Alcoholic Beverage...

§ 3-5-1803. Slotting allowances prohibited - (a) Slotting allowances, as defined by 27 C.F.R. § 6.152(b),...

Subchapter 19 - Microbrewery-Restaurant Private Club Permit

§ 3-5-1901. Definitions - As used in this subchapter: (1) “Alcoholic beverage” means a...

§ 3-5-1902. Microbrewery-restaurant private club - (a) A microbrewery-restaurant private club applicant shall be an entity...

§ 3-5-1903. Microbrewery-restaurant private club — Procedure for obtaining permit - (a) A microbrewery-restaurant private club applicant may apply to obtain...

§ 3-5-1904. Permit — Scope — Restrictions - (a) The Director of the Alcoholic Beverage Control Division may...

§ 3-5-1905. Microbrewery-restaurant private clubs — Sales prohibited - (a) A microbrewery-restaurant private club permitted under this subchapter shall...

§ 3-5-1906. Fees and taxes - A microbrewery-restaurant private club permittee shall: (1) Pay the applicable...

§ 3-5-1907. Microbrewery-restaurant private clubs — Reapplication for permit - (a) An entity that is denied upon application to the...

§ 3-5-1908. Collection of taxes - (a) The Secretary of the Department of Finance and Administration...

§ 3-5-1909. Inspection of premises — Records of permitted premises and private clubs - (a) A permit shall not be issued under this subchapter...

Chapter 6 - Native Brandy Law

§ 3-6-101. Title - This chapter shall be known and may be cited as...

§ 3-6-102. Manufacture and sale authorized - It shall be lawful for any person under the terms...

§ 3-6-103. Administration by Alcoholic Beverage Control Division - The Alcoholic Beverage Control Division or its successor shall have...

§ 3-6-104. Permits - (a) Upon application by any qualified person, the Alcoholic Beverage...

§ 3-6-105. Tax on sales - (a) The holder of a permit shall pay a tax...

§ 3-6-106. Collection of fees and taxes - (a) The permit fees and the tax herein provided shall...

Chapter 7 - Excise Taxes

Subchapter 1 - General Provisions

§ 3-7-101. Purpose - It is declared not to be the purpose of §§...

§ 3-7-102. Definition - As used in §§ 3-7-101 — 3-7-104 and 3-7-106 —...

§ 3-7-103. Penalty — Revocation - Any person who shall violate any of the provisions of...

§ 3-7-104. Rate of tax - There is levied and there shall be collected as provided...

§ 3-7-105. Malt liquor tax — Reporting and payments - (a) The excise tax levied on malt liquors by §...

§ 3-7-106. Shipping permits - (a) (1) It shall be unlawful for any person to...

§ 3-7-107. Enforcement of rules - (a) Sections 3-7-101 — 3-7-104 and 3-7-106 — 3-7-110 shall...

§ 3-7-108. Disposition of funds - All taxes, penalties, and costs collected by the Secretary of...

§ 3-7-109. Delinquent taxes - On the failure of any person, liable therefor, to pay...

§ 3-7-110. Wrongful tax collections - (a) No suit shall be maintained in any court to...

§ 3-7-111. Additional taxes - (a) (1) In addition to all other fees and taxes...

§ 3-7-112. Methods of identifying imported liquors - The Department of Finance and Administration shall, by regulation, establish...

§ 3-7-113. Distillers and wholesalers — Records - Distilleries and wholesalers of spirituous liquors shall furnish records as...

§ 3-7-114. Wholesalers and retailers — Obtaining liquor illegally — Nonpayment of taxes - (a) Failure of any wholesaler or retailer to obtain spirituous...

§ 3-7-115. Sacramental wine - (a) All wines sold in the State of Arkansas for...

§ 3-7-116. Tax rebate for qualified manufacturers — Definitions - (a) For purposes of this section: (1) “Barrel” means thirty-one...

Subchapter 2 - Special Retail Tax

§ 3-7-201. Tax imposed — Collection - (a) (1) There is levied a special alcoholic beverage excise...

§ 3-7-202. Lien — Procedure for obtaining - (a) If the taxpayer fails to demand a hearing before...

§ 3-7-203. Lien — Execution - (a) On the entry of the certificate of the Secretary...

§ 3-7-204. Alternative remedies - Nothing in this subchapter shall preclude the Secretary of the...

§ 3-7-205. Disposition of funds - All taxes, interest, penalties, and costs received by the Secretary...

Subchapter 3 - Payment by Wholesalers and Importers

§ 3-7-301. Due date - Each licensed wholesale distributor and importer of spirituous liquors shall...

§ 3-7-302. Monthly report and payment - (a) Each licensee responsible for the payment of excise tax...

§ 3-7-303. Records — Penalties - (a) Each wholesale distributor and importer of spirituous liquors required...

§ 3-7-304. Delinquent tax penalties - (a) If the excise tax due the State of Arkansas...

§ 3-7-306. Right to contract - To strengthen enforcement of this subchapter, the wholesalers, importers, manufacturers,...

§ 3-7-307. Rules — Sales to the military - The Secretary of the Department of Finance and Administration shall...

Subchapter 4 - Beer

§ 3-7-401. Reports and payments - (a) The Director of the Alcoholic Beverage Control Division is...

§ 3-7-403. Penalty for noncompliance - (a) If any licensee or permittee fails to file a...

§ 3-7-404. Rules - (a) The rules required by § 3-7-401 pertaining to a...

Subchapter 5 - Wine

§ 3-7-501. Rules generally - (a) The Secretary of the Department of Finance and Administration...

§ 3-7-502. Reports and payment - The rules shall require reports to be filed with the...

§ 3-7-504. Penalties for noncompliance - (a) If any licensee or permittee shall fail to file...

§ 3-7-505. Joint enforcement - The Secretary of the Department of Finance and Administration and...

§ 3-7-506. Native wines - (a) All producers and manufacturers of native Arkansas wine shall...

Chapter 8 - Local Option

Subchapter 1 - General Provisions

§ 3-8-101. When elections held - Local option elections to determine the legality or illegality of...

§ 3-8-102. Effect of dry vote — Retail dealers — Definition - (a) Retail dealers in alcoholic beverages shall be allowed a...

§ 3-8-103. Effect of dry vote — Wholesalers and manufacturers - (a) It shall be lawful for any warehousing and office...

Subchapter 2 - Proceedings Pursuant to Initiated Act

§ 3-8-201. Definition - As used in this subchapter, unless the context otherwise requires,...

§ 3-8-202. Sections 3-8-201 — 3-8-203, 3-8-205 — 3-8-209 cumulative — Construction - It is expressly declared that §§ 3-8-201 — 3-8-203 and...

§ 3-8-203. Applicability of §§ 3-8-201 — 3-8-203, 3-8-205 — 3-8-209 - Nothing in §§ 3-8-201 — 3-8-203 and 3-8-205 — 3-8-209...

§ 3-8-205. Determination of sufficiency of petition — Calling of election - (a) If the petition is determined to be sufficient under...

§ 3-8-206. Conduct of election - (a) (1) The county board of election commissioners of the...

§ 3-8-207. Mandamus of county officials - Upon petition of ten (10) interested legal voters in the...

§ 3-8-208. Election results — Effects - (a) If the majority of the electors voting on the...

§ 3-8-209. Sales or furnishing place for sale in dry territory prohibited — Penalty - (a) Except as provided in § 3-5-1901 et seq., it...

§ 3-8-210. Authority to continue to issue sale permits - The Alcoholic Beverage Control Division shall have the authority to...

Subchapter 3 - Proceedings Pursuant to 1935 Act

§ 3-8-301. Exceptions from act - The provisions of this act shall not apply to any...

§ 3-8-303. Election costs deposited - The county court shall not make the order for the...

§ 3-8-305. Elections for entire county, district, or city — Effect - (a) (1) No election in any town, city, district, or...

§ 3-8-306. Certificate of election results - (a) If it shall be found that a majority of...

§ 3-8-307. Effect of vote against sale - If, at any election provided for in this act, a...

§ 3-8-308. Applicability of election laws — Violations - (a) If, at any election provided for in this act,...

§ 3-8-309. Contests of elections - (a) Any election held under this act may be contested...

§ 3-8-310. Effect of voting for or against sale — Penalty for unlawful sales - (a) (1) Whenever a local option election shall be held...

§ 3-8-312. Sale, barter, or possession for sale or barter in dry area — Penalties - (a) It shall be unlawful for any person, firm, or...

§ 3-8-313. Indictment - (a) In an indictment for a violation of any provision...

§ 3-8-314. Bond for multiple violations - (a) On the second or any subsequent conviction for a...

§ 3-8-315. C.O.D. shipments - (a) All the shipments of spirituous, vinous, or malt liquors...

§ 3-8-316. Act given in charge to grand jury - It shall be the duty of the judges of the...

§ 3-8-317. Wholesale of intoxicating liquor in prohibited territory - (a) (1) It shall be unlawful to sell by wholesale...

Subchapter 4 - Beer and Light Wine

§ 3-8-401. Beer and light wine - (a) At each general election for state and county offices,...

Subchapter 5 - Petition for Local Option Elections

§ 3-8-501. Definitions - As used in this subchapter: (1) “Dry” means that the...

§ 3-8-502. Local option elections in certain annexed areas - (a) (1) (A) If an area meets the qualifications provided...

Subchapter 6 - Local Option Elections

§ 3-8-601. Definitions - As used in this subchapter: (1) “Beer” means a fermented...

§ 3-8-602. Local option election — Defunct voting district — On-premises consumption only - (a) (1) Under subsection (b) of this section, an area...

Subchapter 7 - Disclosure Act for Initiative Proceedings

§ 3-8-701. Title - This subchapter shall be known and may be cited as...

§ 3-8-702. Definitions - As used in this subchapter: (1) (A) “Contribution” means, whether...

§ 3-8-703. Filing deadlines - (a) (1) (A) A local-option ballot question committee shall file...

§ 3-8-704. Contributions and expenditures limited - (a) No local-option ballot question committee shall accept any contribution...

§ 3-8-705. Financial reports — Requirement - (a) A local-option ballot question committee that either receives contributions...

§ 3-8-706. Financial report — Information - In addition to the information required under §§ 7-9-407 —...

§ 3-8-707. Financial reports — Verification - The financial reports identified in § 3-8-706 shall be verified...

§ 3-8-708. Financial reports — Time to file — Late fee - (a) (1) The first financial reports shall be filed no...

§ 3-8-709. Public inspection — Record retention - (a) All statements of organization and financial reports required by...

§ 3-8-710. Enforcement - The Arkansas Ethics Commission shall have the same power and...

§ 3-8-711. Reporting the use of state funds to oppose or support ballot measure - Any funds appropriated to any state agency, board, or commission...

§ 3-8-712. Use of state funds to oppose or support a local-option ballot measure - The use of state funds under this subchapter includes expenditures...

§ 3-8-713. Applicability of §§ 3-8-711 and 3-8-712 - This subchapter does not apply to state funds appropriated to...

§ 3-8-714. Scope - Nothing in this subchapter may limit, waive, or abrogate the...

§ 3-8-715. Penalty - Upon conviction, any person who knowingly fails to comply with...

Subchapter 8 - Circulation of Petition for Local Option Election

§ 3-8-801. Definitions - As used in this subchapter: (1) “Canvasser” means a person...

§ 3-8-802. Hiring and training of paid canvassers - (a) (1) A person shall not provide money or anything...

§ 3-8-803. Petition to determine granting of licenses for manufacture or sale or bartering, loaning, or giving away of intoxicating liquor - (a) An election to determine whether licenses will be granted...

§ 3-8-804. Duties of election officers — Penalty for failure to perform - (a) The duties imposed by this subchapter upon members of...

§ 3-8-805. Signing of petition — Penalty for falsification — Notice of suspected forgery - (a) (1) A person signing a petition under this subchapter...

§ 3-8-806. Form of initiative petition — Sufficiency of signatures - (a) The petition for an ordinance, act, or amendment proposed...

§ 3-8-807. Procedure for circulation of petition - (a) (1) Each petition under this subchapter for an election...

§ 3-8-808. Form of verification — Penalty for false statement - (a) Each petition containing signatures shall be verified in substantially...

§ 3-8-809. Failure to act on petition — Mandamus — Injunction - (a) If the county clerk does not examine and certify...

§ 3-8-810. Preservation of records - (a) All petitions, notices, certificates, or other documentary evidence of...

§ 3-8-811. Count of signatures - (a) Upon the initial filing of a petition under this...

Chapter 9 - On-premises Consumption

Subchapter 1 - General Provisions

§ 3-9-101. Nudity on premises prohibited — Penalty — Rules - (a) No person who has received a permit under any...

§ 3-9-102. Posting of warning signs relating to drinking alcoholic beverages during pregnancy - (a) (1) A person who has received a permit under...

Subchapter 2 - Alcoholic Beverages Generally

§ 3-9-201. Legislative determinations and intent - (a) The General Assembly reaffirms the policy of this state...

§ 3-9-202. Definitions - As used in this subchapter, unless the context otherwise requires:...

§ 3-9-203. Applicability — Purpose and effect of referendum election - (a) The provisions of this subchapter authorizing on-premises consumption shall...

§ 3-9-204. Penalties - (a) Any person who shall violate any provision of §§...

§ 3-9-205. Rules — Police power of state and local governments - (a) The Alcoholic Beverage Control Board is authorized to adopt...

§ 3-9-206. Referendum elections — Conduct - (a) A referendum election hereunder shall be conducted in accordance...

§ 3-9-207. Referendum elections — Effect - (a) In the event a majority of those voting in...

§ 3-9-208. Subsequent local option elections - (a) If a dry city or county shall subsequently vote...

§ 3-9-209. Sales without permit prohibited - It shall be unlawful and constitute a Class A misdemeanor...

§ 3-9-210. Permit to sell beverages — Issuance - (a) (1) Any hotel or restaurant as defined in §...

§ 3-9-211. Permit to sell beverages — Scope — Effect on other laws - (a) Any permit to sell alcoholic beverages for on-premises consumption...

§ 3-9-212. Permit to sell beverages — Fees - (a) Each application for a permit to sell alcoholic beverages...

§ 3-9-213. Gross receipts and supplemental taxes on sale of alcoholic beverages - (a) The sale of alcoholic beverages pursuant to this subchapter...

§ 3-9-214. Supplemental tax or fee on sales levied by political subdivisions - (a) An additional fee or supplemental tax as levied under...

§ 3-9-215. Authorization of Sunday sales on December 31 - When a Sunday falls on December 31 of any year,...

§ 3-9-216. Authorization of sales for certain large attendance facilities and restaurants - (a) A large attendance facility under § 3-9-202(16)(B) in which...

§ 3-9-221. Private clubs — Exception from alcoholic beverage laws - (a) The General Assembly recognizes that: (1) Many individuals in...

§ 3-9-222. Private clubs — Procedure for obtaining permit - (a) (1) Application for a permit to operate as a...

§ 3-9-223. Private clubs — Permit renewal fees — Taxes - (a) (1) A permit shall be renewed on or before...

§ 3-9-224. Private clubs — Sales prohibited - (a) No private club permitted hereunder shall sell alcoholic beverages...

§ 3-9-225. Private clubs — Rules - The Alcoholic Beverage Control Board is authorized and directed to...

§ 3-9-226. Private clubs — Advertising — Definition - (a) As used in this section, “intoxicating liquor” means a...

§ 3-9-227. Large attendance facility mixed drink permit - (a) (1) There is hereby created a large attendance facility...

§ 3-9-228. Private clubs — Reapplication for permit - (a) Any person who has applied to the Director of...

§ 3-9-229. Collection of taxes - The Secretary of the Department of Finance and Administration may...

§ 3-9-232. Inspection of premises and records of licensed premises and private clubs - (a) No permit shall be issued under this subchapter unless...

§ 3-9-233. Closing hours - (a) The rules of the Alcoholic Beverage Control Board and...

§ 3-9-234. Failure to pay renewal fees or taxes - (a) If any permittee shall fail to remit any fee...

§ 3-9-235. Suspension, cancellation, and revocation of permits - (a) Upon his or her own complaint or that of...

§ 3-9-236. Permittees — Miscellaneous unlawful practices - It shall be unlawful and constitute a Class A misdemeanor...

§ 3-9-237. Disposition of funds - All permit fees and supplemental gross receipts taxes collected for...

§ 3-9-238. Pari-mutuel mixed drink permit - (a) (1) There is hereby created a pari-mutuel mixed drink...

§ 3-9-239. Small restaurant permit - (a) A restaurant that purchases five hundred sixty liters (560...

§ 3-9-240. Hotel or large-event facility private club permit - (a) (1) An application for a hotel or large-event facility...

§ 3-9-241. Posting information about the National Human Trafficking Resource Center hotline - An entity governed by this subchapter shall post information about...

Subchapter 3 - Wine

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Arkansas Code Title 3 - Alcoholic Beverages

Arkansas Code
Title 3 - Alcoholic Beverages