Title 3 — Alcoholic Beverages
9 chapters · 326 sections in this title.
Ark. Code Ann. § 3-2-101 Interest of enforcement officers in alcoholic liquors prohibited
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(a) Neither the Secretary of the Department of Finance and Administration nor any officer, employee, deputy, or assistant thereof shall have any direct or indirect interest in or on any premises where alcoholic liquors are manufactured or sold, nor shall he or she have any direct…
Ark. Code Ann. § 3-2-102 [Repealed.]
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A.C.A. § 3-2-102Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 3-2-103 Information to be submitted by applicants
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(a) Any person applying for any permit issued by the Alcoholic Beverage Control Division, except as provided in subsection (b) or (c) of this section, shall meet the following requirements:(1) No applicant shall have been found guilty of or pleaded guilty or nolo contendere to:(A…
Ark. Code Ann. § 3-2-104 Definition of “schoolhouse”
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(a) For all businesses regulated under this title by the Alcoholic Beverage Control Board that are licensed or permitted after July 24, 2019, “schoolhouse” means:(1) A facility owned and operated by a public or private school or an open-enrollment charter school; and(2) A public …
Ark. Code Ann. § 3-2-201 Alcoholic Beverage Control Board
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(a) There is created an Alcoholic Beverage Control Board. (b) The board shall consist of five (5) persons appointed by the Governor, subject to confirmation by the Senate, for a term of six (6) years. (c) The Chair of the Alcoholic Beverage Control Board shall be designated by th…
Ark. Code Ann. § 3-2-202 Director of Alcoholic Beverage Control — Staff
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(a) The Director of Alcoholic Beverage Control shall be an attorney duly authorized to practice law by the Supreme Court, who shall present all evidence tending to prove violations of the law or rules at hearings held by the Alcoholic Beverage Control Board. (b) The director shal…
Ark. Code Ann. § 3-2-203 Enforcement division — Director and staff
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(a) The Director of the Alcoholic Beverage Control Enforcement Division shall be appointed by the Secretary of the Department of Finance and Administration and shall serve at the pleasure of the secretary. (b) All enforcement personnel of the Alcoholic Beverage Control Enforcemen…
Ark. Code Ann. § 3-2-204 Seals — Authentication of records
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(a) The Director of the Alcoholic Beverage Control Division and the Alcoholic Beverage Control Board each may adopt, keep, and use a common seal. This seal shall be used for authentication of the records, process, and proceedings of the director and board, respectively. Judicial …
Ark. Code Ann. § 3-2-205 Powers and duties
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(a) The Alcoholic Beverage Control Division and the Alcoholic Beverage Control Enforcement Division shall have full responsibility for all phases of alcoholic beverage control in Arkansas. (b) The Alcoholic Beverage Control Division shall have the following powers, functions, and…
Ark. Code Ann. § 3-2-206 Rules
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(a) The Director of the Alcoholic Beverage Control Division shall adopt and promulgate such rules as shall be necessary to carry out the intent and purposes of this subchapter and any other alcohol control acts enforced in this state. (b) All rules of general application, includi…
Ark. Code Ann. § 3-2-207 Qualifications and oath of personnel
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(a) No person shall be appointed a member of the board or a director, agent, or employee of the Alcoholic Beverage Control Division, the Alcoholic Beverage Control Enforcement Division, or the Alcoholic Beverage Control Board who is not a citizen of the United States and who has …
Ark. Code Ann. § 3-2-208 Solicitation or acceptance of bribe prohibited
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(a) No member or employee of the Alcoholic Beverage Control Board or director or any employee of the Alcoholic Beverage Control Division or the Alcoholic Beverage Control Enforcement Division shall solicit or accept, directly or indirectly, any gift, gratuity, emolument, or emplo…
Ark. Code Ann. § 3-2-209 Enforcement — Duties of state and local officers
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(a) The Alcoholic Beverage Control Division and the Alcoholic Beverage Control Enforcement Division shall fully and faithfully enforce the provisions of this subchapter and any other alcohol control law of this state relating to the manufacture, storage, transportation, distribut…
Ark. Code Ann. § 3-2-210 Authority of enforcement agent — Deputy Director of Education — Law enforcement officer
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(a) The right of any enforcement agent, law enforcement officer, or the Deputy Director of Education of the Alcoholic Beverage Control Division, when duly designated by the Director of the Alcoholic Beverage Control Enforcement Division, to enter, inspect records, and seize contr…
Ark. Code Ann. § 3-2-211 Records and reports of licensees
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(a) Each licensee shall keep complete and accurate records of all alcoholic beverages manufactured, distributed, transported, stored, purchased, or sold within or imported into this state. (b) The records shall be of such kind and form and shall be preserved for such period as th…
Ark. Code Ann. § 3-2-212 Denial, suspension, or revocation of licenses — Proceedings before division
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(a) All proceedings for the suspension and revocation of licenses shall be before the Director of the Alcoholic Beverage Control Division. (b) The proceedings shall be in accordance with rules established by the director and not inconsistent with law. (c) No license shall be revo…
Ark. Code Ann. § 3-2-213 Denial, suspension, or revocation of license — Appeal to board
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(a) (1) Any applicant or licensee aggrieved by an order of refusal, suspension, or revocation issued by the Director of the Alcoholic Beverage Control Division or any person or group of persons who have formally protested the issuance of any license before a decision has been ren…
Ark. Code Ann. § 3-2-214 Denial, suspension, or revocation of license — Review by board on own motion
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(a) The Alcoholic Beverage Control Board is authorized on its own motion to review any action of the Director of the Alcoholic Beverage Control Division in granting or failing to grant, renewing or failing to renew, revoking or suspending, or failing to revoke or suspend upon com…
Ark. Code Ann. § 3-2-215 Conduct of hearings before board
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(a) For the purpose of hearing or conducting any appeal authorized to be heard by it, the Alcoholic Beverage Control Board shall have power:(1) To examine or cause to be examined, under oath, any licensee, the Director of the Alcoholic Beverage Control Division, the Director of t…
Ark. Code Ann. § 3-2-216 Appeal to courts
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An appeal of the decision of the Alcoholic Beverage Control Board may be filed in conformance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
Ark. Code Ann. § 3-2-217 Transcript fees
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(a) There is fixed a cost of one dollar and fifty cents ($1.50) per page for each original page of transcript of record of proceedings had before the Director of the Alcoholic Beverage Control Division, pertaining to an application for the manufacture, selling, or dispensing of a…
Ark. Code Ann. § 3-2-301 Circuit judges — Appointment of temporary officers and special prosecutors
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(a) The circuit judges of this state are declared to be primarily responsible for the enforcement of laws against the unlawful manufacture and sale of intoxicating liquors. (b) (1) Circuit judges are given authority to appoint an officer of the court in lieu of the sheriff to act…
Ark. Code Ann. § 3-2-302 Circuit judges — Impeachment
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(a) If the Director of the Alcoholic Beverage Control Division shall report to the Governor that any circuit judge is not doing his or her duty with respect to the enforcement of the laws against the unlawful manufacture or sale of intoxicating liquors, and when the report is sup…
Ark. Code Ann. § 3-2-303 Authority of the Division of Arkansas State Police
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(a) In addition to the duties otherwise prescribed by law upon the Division of Arkansas State Police, it shall be the duty of the division to assist in enforcing all of the laws of the State of Arkansas against the unlawful manufacture or sale of intoxicating liquors. (b) (1) The…
Ark. Code Ann. § 3-2-304 Search warrants
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(a) It is made and declared to be the duty of a circuit, district, and city court on information given, on its own knowledge, or when it has reasonable grounds to believe that alcohol, spirituous, ardent, vinous, malt, or fermented liquors, or any compound or preparation thereof …
Ark. Code Ann. § 3-2-401 Purpose
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(1) This subchapter is promulgated pursuant to the authority granted to the State of Arkansas pursuant to the provisions of the Twenty-First Amendment to the United States Constitution specifically for the following purposes:(1) To prevent unfair business practices, discriminatio…
Ark. Code Ann. § 3-2-402 Scope of subchapter
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This subchapter does not repeal or supersede any of the provisions of § 3-5-1101 et seq. and to the extent of any conflict, the provisions of § 3-5-1101 et seq. shall prevail.
Ark. Code Ann. § 3-2-403 Spirituous and vinous beverages — Registration of brands and labels — Designation of licensed wholesaler — Definition
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(a) As used in this section, “brand label” means the label carrying the distinctive design of a brand name of a spirituous liquor or vinous liquor. (b) (1) Every manufacturer, importer, or producer of spirituous and vinous beverages, as defined by § 3-1-102, doing business in the…
Ark. Code Ann. § 3-2-404 Request to change wholesalers — Contents of application
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(1) Any distiller, manufacturer, importer, or producer desiring to change wholesalers with respect to any brand shall file with the Director of the Alcoholic Beverage Control Division a wholesaler change request containing the following information as applicable:(1) The name of e…
Ark. Code Ann. § 3-2-405 Request to change wholesalers — Notice — Objections — Hearing — Disposition of proceedings
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(a) (1) At the same time that the original wholesaler change request is filed with the Director of the Alcoholic Beverage Control Division, a copy thereof shall be mailed by the distiller, manufacturer, importer, or producer to each wholesaler who may be affected by the proposed …
Ark. Code Ann. § 3-2-406 Request to change wholesalers — Hearing — Time — Findings — Appeal
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(a) Any hearing held by the Director of the Alcoholic Beverage Control Division pursuant to the provisions of § 3-2-405 shall be held within thirty (30) days after the receipt of any notice of objection to a wholesaler change request. (b) The findings of the director made after s…
Ark. Code Ann. § 3-2-407 Request to change wholesalers — Automatic approval
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If no objection is filed to the wholesaler change request as provided in § 3-2-406, the proposed changes shall stand automatically approved by the Director of the Alcoholic Beverage Control Division at the expiration of such fifteen-day period, conditioned upon the manufacturer's…
Ark. Code Ann. § 3-2-408 Acquisition of right to sell, ship, or distribute label
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Any distiller, manufacturer, importer, or producer who obtains or acquires in any manner the right to sell, ship, or distribute any label shall for the purpose of this subchapter stand in place of and be subject to all rights, privileges, and duties and obligations of its predece…
Ark. Code Ann. § 3-2-409 Beer, malt products, or light wine
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(a) (1) Every manufacturer or importer of beer or other malt products or light wine doing business in the State of Arkansas shall submit to the Alcoholic Beverage Control Division one (1) label for each brand of beer or malt product or light wine to be shipped for the first time …
Ark. Code Ann. § 3-2-410 Terms and conditions of agreements with wholesaler binding on successor
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A successor to a distiller, manufacturer, importer, producer, winery, or brewer of beer, malt liquor, light wine, wine, or liquor that continues in business as a distiller, manufacturer, importer, producer, winery, or brewery or that continues to operate under the names of any pr…
Ark. Code Ann. § 3-2-411 Subchapter incorporated into division approvals — Applicability — Waiver
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(a) The terms, conditions, and requirements of this subchapter are hereby expressly made a part of the terms of and as conditions to the approval granted by the Alcoholic Beverage Control Division to distillers, manufacturers, importers, or producers to do business in the state a…
Ark. Code Ann. § 3-2-412 Dual distributorship prohibited — Definition
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(a) (1) The creation of a dual distributorship is prohibited.(2) An unlawful dual distributorship is created whenever any manufacturer designates as its distributor more than one (1) Arkansas liquor wholesaler in the state or wholesale beer permit holder to distribute the same br…
Ark. Code Ann. § 3-2-413 Labels for confectionaries containing nonliquid alcohol
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A confectionary containing between five-tenths of one percent (0.5%) and five percent (5%) by volume of alcohol shall bear a label stating: “This product contains up to 5% alcohol by volume”.
Ark. Code Ann. § 3-2-414 Minimum container size of spirituous liquor
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The minimum container size of spirituous liquor to be sold for off-premises consumption is fifty milliliters (50 ml).