Title 3, Alcoholic Beverages

(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…

(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…

(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 …

(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…

(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…

(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 …

(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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

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.

(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…

(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…

(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…

(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…

(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 …

(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…

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.

(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…

(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…

(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 …

(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…

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…

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…

(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 …

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…

(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…

(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…

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”.

The minimum container size of spirituous liquor to be sold for off-premises consumption is fifty milliliters (50 ml).