Arkansas Administrative Code

3 CAR § 2-702. Small farm winery may bottle and sell wines produced by another licensed small farm winery. (a) Under the provisions of Acts 2007, No. 668, a small farm winery license authorizes the permittee to manufacture and bottle wines produced by that small farm winery. (b) …

3 CAR § 2-703. Product source for small farm wine. (a) “Small farm wine” means wine made from: (1) Grapes; (2) Berries; (3) Other fruits; (4) Honey; or (5) Vegetables. (b) “Small farm wine” includes mead.…

3 CAR § 2-704. Direct shipment of vinous liquor or mead to Arkansas residents. (a) Any winery licensed by this state or the state where its principal place of business is located and which is registered with the Alcoholic Beverage Control Division pursuant to Arkansas Code § 3-5-…

3 CAR § 2-705. Small farm winery in a dry area must sell exclusively to wholesalers. The Alcoholic Beverage Control Board may issue a license to a small farm winery in a dry area if the small farm winery sells exclusively to wholesalers as authorized under Arkansas Code § 3-8-203…

3 CAR § 2-801. Definition. As used in this subpart: (1)(A) “Hard cider manufacturer” means an establishment in Arkansas that: (i) 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…

3 CAR § 2-802. 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…

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3 CAR § 2-804. Separate hard cider manufacturing facility. (a) A hard cider manufacturer permittee may maintain one (1) separate manufacturing facility for the production or storage of hard cider as needed to meet demand, except that each facility used by the hard cider manufactu…

3 CAR § 2-805. Separate hard cider manufacturing facility — Application. (a) A hard cider manufacturer permittee shall notify the Alcoholic Beverage Control Division of its intent to operate a separate hard cider manufacturing facility by providing the following documentation: (1…

3 CAR § 2-806. Hard cider manufacturing tap room — Application. (a) The hard cider manufacturer permittee may include one (1) tap room at its main facility and may operate a restaurant in conjunction with its tap room. (b) The hard cider manufacturer permittee shall complete an a…

3 CAR § 2-807. Distribution of hard cider manufacturer products. (a) A hard cider manufacturer may sell, deliver, or transport hard cider manufactured by the hard cider manufacturer to: (1) Wholesalers; (2) Retail license holders; (3) Small brewery license holders; (4) Small wine…

3 CAR § 2-808. Disposition of hard cider manufacturer products. (a)(1) A hard cider manufacturer permittee may sell for on-premises or off-premises consumption by the drink or by the package hard cider manufactured by the hard cider manufacturer if the manufacturer provides tours…

3 CAR § 2-809. Hard cider manufacturing delivery. Hard cider manufacturing permit holders may deliver or cause to be delivered alcoholic beverages directly to the private residences of a consumer twenty-one (21) years of age or older in a wet county or territorial subdivision in …

3 CAR § 2-810. Samples and tasting events may be offered. (a) The hard cider manufacturer permittee may serve on its premises complimentary samples of hard cider manufactured by the manufacturer and may conduct hard cider-tasting events for educational or promotional purposes. (b…

3 CAR § 2-901. Disposition of distiller or liquor manufacturer products. Subject to all other product disposition rules, unless specifically allowed under this section, a distiller or liquor manufacturer is permitted to sell, serve, or otherwise dispose of controlled beverage pro…

3 CAR § 2-902. Issuance of permit to distiller or manufacturer in dry area. The Alcoholic Beverage Control Division may issue a permit to a distiller or manufacturer in a dry area if the distiller or manufacturer sells exclusively to wholesalers as authorized under Arkansas Code …

3 CAR § 3-101. General. (a) This part applies to all permits issued by the authority of the Alcoholic Beverage Control Division of the State of Arkansas to sell controlled beverages at retail. (b) This part should be regarded as being supplementary to, and not in replacement of, …

3 CAR § 3-102. Rules applicable to wine restaurant on-premises permit. In addition to the rules under 3 CAR pt. 1, the rules under this part shall be specifically applicable and shall govern activities and conduct under a wine restaurant on-premises permit as defined under 3 CAR …

3 CAR § 3-103. Definitions. (a) As used in this part: (1) “Consumer” means any person who receives or in any way comes into the possession of controlled beverages for the purpose of consuming them, giving them away, or distributing them in any way other than by sale, barter, or e…

3 CAR § 3-201. Retailer to purchase only from permitted wholesaler. (a) Persons holding a permit to sell controlled beverages at retail shall purchase such beverages allowed by the permit only from persons holding a permit to sell beverages at wholesale. (b) Provided, persons hol…

3 CAR § 3-202. Retailer to sell only to consumer — Exceptions. (a)(1) Persons holding a permit to sell controlled beverages at retail shall sell such controlled beverages to consumers only. (2) Provided, that retailers who have been designated by the Director of the Alcoholic Bev…

3 CAR § 3-203. Types of sales authorized for on-premises permit. Any person holding a permit to sell any controlled beverages for consumption on the premises must sell such controlled beverages from the original container.

3 CAR § 3-204. Dispensing faucet for draught beer must be labeled. (a) Every faucet or other dispensing apparatus from which draught beer is dispensed must be equipped with a sign clearly indicating the name or the brand of the particular product being dispensed at any time throu…

3 CAR § 3-205. Controlled beverages to be sold in original bottle or package and to be labeled. (a) All controlled beverages shall be sold or offered for sale in the original bottle or original package containing bottles bearing the original label and the full name of the manufac…

3 CAR § 3-206. Retailers to keep and maintain certain records. (a) Each person holding a permit to sell controlled beverages at retail shall maintain written records of all: (1) Controlled beverages purchased by or for the permittee or delivered to the permitted premises; and (2)…

3 CAR § 3-207. Sales of controlled beverages under off-premises permit to be from unbroken packages and containers only. All sales of controlled beverages pursuant to a permit to sell controlled beverages for consumption off premises shall be in unbroken packages or containers wh…

3 CAR § 3-208. Sale of controlled beverages by vending machine. (a) As used in this section, “spirituous liquors” means mixed drinks or specialty drinks that are made by the permit holder at the premises. (b) Except as provided in Arkansas Code § 3-9-242, notwithstanding the prov…

3 CAR § 3-301. Advertising discount sales prohibited. (a)(1) Except as provided in subsections (b) and (c) of this section, no person holding any permit to sell any controlled beverages, nor any manufacturer, importer, or distributor of such controlled beverages, shall: (A) Adver…

3 CAR § 3-302. Advertising controlled beverages as being free prohibited. No person holding any permit to sell controlled beverages shall advertise by any means that such controlled beverages are to be given away.

3 CAR § 3-401. Prohibited conduct and activities — Grounds for suspension or revocation of retail permit. In addition to the violation or failure to comply with any of this part or any alcoholic beverage control law of the State of Arkansas, a permit to sell or dispense controlle…

3 CAR § 3-402. To go and delivery by a restaurant. (a) A restaurant holding a valid alcoholic beverage permit may sell alcoholic beverages in a sealed container during legal operating hours directly to a consumer twenty-one (21) years of age or older along with the purchase of a …

3 CAR § 3-403. Limits on alcohol and quantities for to go or delivery by restaurant. (a) A permit holder authorized to sell alcoholic beverages with the purchase of a meal under 3 CAR § 3-402 is limited to the following quantities per sale: (1) Seventy-two ounces (72 oz.) of beer…

3 CAR § 3-404. Delivery by retail liquor, microbrewery-restaurant, small brewery, or hard cider manufacturer permit holders. (a) Holders of a retail liquor, microbrewery-restaurant, small brewery, or hard cider manufacturer permit shall be authorized to deliver alcoholic beverage…

3 CAR § 3-405. Delivery by employee only. (a) The permit holder authorized to deliver alcoholic beverages under 3 CAR § 3-402 or 3 CAR § 3-404 shall be delivered by an employee of the permit holder and not through a third-party delivery system. (b) The employee responsible for de…

3 CAR § 3-406. Delivery in wet counties only. (a) A permit holder authorized to deliver alcoholic beverages under 3 CAR § 3-402 or 3 CAR § 3-404 may deliver alcoholic beverages directly to a consumer only in a wet county or wet area and shall only be allowed to deliver in cities …

3 CAR § 3-407. Required information for placing order for alcoholic beverages. The employee or permit holder of the permitted establishment must collect the following information when taking a customer’s order under 3 CAR § 3-402 or 3 CAR § 3-404: (1) Name of person making the or…

3 CAR § 3-408. Required information for delivery. The employee or permit holder of the permitted establishment must confirm and collect the following information when completing the delivery: (1) Name of person receiving the order; (2) Address where delivery occurred; (3) Phone n…

3 CAR § 3-409. Record retention. (a) The permitted establishment shall keep and retain a record of all deliveries of alcoholic beverages for a period three (3) years from the date of delivery and shall make such records available to Alcoholic Beverage Control Division administrat…

3 CAR § 3-410. Delivery not allowed. Employees delivering alcoholic beverages under this subpart shall refuse delivery and return alcoholic beverages to the permitted establishment if: (1) The delivery is to an address on a campus of any educational building including, but not li…

3 CAR § 3-501. Definitions. For purposes of this subpart: (1) “Alcoholic beverage” means spirituous liquor, vinous liquor, small farm wine, light wine, malt liquor, and hard cider; and (2) “Excursion train” means a train made available to the public through ticket sales for sched…

3 CAR § 3-502. Scope of excursion train permit. (a) An excursion train permit may sell and serve alcoholic beverages on an excursion train. (b) Sale and service of alcoholic beverages for on-premises consumption may occur only when the train is located in a territory that has aut…

3 CAR § 3-503. Permit application. (a) An application for an excursion train permit shall be made in writing, on a form approved by the Director of the Alcoholic Beverage Control Division and verified by the applicant for the permit. (b) The application shall include a descriptio…

3 CAR § 3-504. Separate storage facility — Application. (a) An excursion train permittee shall notify the Alcoholic Beverage Control Division of its intent to operate a separate storage facility by providing the following information: (1) A completed excursion train separate stor…

3 CAR § 3-505. Posting of permit. (a) Excursion train permittees shall post their Alcoholic Beverage Control Division permit pursuant to 3 CAR § 1-307. (b) In addition, the excursion train permittees shall post a copy of their excursion train permit, pursuant to 3 CAR § 1-307, in…

3 CAR § 4-101. General. (a) The rules under this part apply to permits authorizing the sale of controlled beverages for consumption on the premises only of a: (1) Hotel or motel; or (2) Restaurant. (b) This part should be regarded as being supplementary to, and not in replacement…

3 CAR § 4-102. Related rules. In addition to this part, other rules applicable to hotel or motel, or restaurant permits may be found under: (1) 3 CAR pt. 1 in regard to all categories of permits; and (2) 3 CAR pt. 3 in regard to permits to sell controlled beverages at retail gene…

3 CAR § 4-103. Definitions. (a) As used in this part: (1) “Alcoholic beverages” means all intoxicating liquors of any sort other than beer and wine; (2) “Hotel” means every building or other structure commonly referred to as a hotel, motor hotel, motor lodge, or similar name: (A)…