Arkansas Code
Title 3 - Alcoholic Beverages
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...

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Arkansas Code Title 3 - Alcoholic Beverages Chapter 5 - Beer and Wine — Manufacture, Sale, and Transportation Generally

Arkansas Code
Title 3 - Alcoholic Beverages
Chapter 5 - Beer and Wine — Manufacture, Sale, and Transportation Generally