Delivery — Enforcement — Penalties

Ark. Code Ann. § 3-5-1706, under Beer and Wine — Manufacture, Sale, and Transportation Generally.

Ark. Code Ann. § 3-5-1706

(a) A wine direct shipper licensee shall have the vinous liquor delivered to an Arkansas consumer during the hours of the day that alcoholic beverages may be purchased in the state.

(b) A wine direct shipper licensee shall not ship vinous liquor to a resident located in a dry territory.

(c) The Alcoholic Beverage Control Division shall verify compliance with this subchapter by the following audit methods, including without limitation:(1) Reviewing quarterly reports submitted by wine direct shipper licensees to confirm shipments are made only to wet counties;(2) Investigating any suspected shipments to dry territories; and(3) Issuing cease and desist orders to wine direct shipper licensees that fail to comply with this subchapter.

(1) Reviewing quarterly reports submitted by wine direct shipper licensees to confirm shipments are made only to wet counties;

(2) Investigating any suspected shipments to dry territories; and

(3) Issuing cease and desist orders to wine direct shipper licensees that fail to comply with this subchapter.

(d) A wine direct shipper licensee who violates this subchapter is subject to the following penalties:(1) For the first violation, written notice of noncompliance issued by the division to the wine direct shipper licensee;(2) For the second violation, a fine of five hundred dollars ($500);(3) For the third violation, a fine of one thousand dollars ($1,000); and(4) For the fourth and subsequent violations:(A) Suspension of the wine direct shipper licensee for up to one (1) year; and(B) Additional fines up to five thousand dollars ($5,000) per violation.

(1) For the first violation, written notice of noncompliance issued by the division to the wine direct shipper licensee;

(2) For the second violation, a fine of five hundred dollars ($500);

(3) For the third violation, a fine of one thousand dollars ($1,000); and

(4) For the fourth and subsequent violations:(A) Suspension of the wine direct shipper licensee for up to one (1) year; and(B) Additional fines up to five thousand dollars ($5,000) per violation.

(A) Suspension of the wine direct shipper licensee for up to one (1) year; and

(B) Additional fines up to five thousand dollars ($5,000) per violation.

(e) A winery, an importer, or a supplier that knowingly ships to a dry territory is subject to immediate suspension of the wine direct shipper license pending an investigation by the division.

(f) The division, in coordination with state and local law enforcement, may seize and hold an illegal shipment of wine until a final order for destruction is obtained from the Alcoholic Beverage Control Board.