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Arkansas Statutes, Title 3

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Arkansas/Statutes

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Title 3, Alcoholic Beverages

9 chapters · 463 sections in this title.

All chapters in Title 3463 Ch 5, Beer and Wine — Manufacture, Sale, a…155 Ch 4, Alcoholic Beverages Generally — Permits80 Ch 8, Local Option57 Ch 9, On-premises Consumption51 Ch 2, Administration and Enforcement38 Ch 7, Excise Taxes36 Ch 3, Prohibited Practices35 Ch 6, Native Brandy Law6 Ch 1, General Provisions5

155 sections·Filtered byTitle 3✕Ch 5✕

Ark. Code Ann. § 3-5-204 Manufacture, sale, etc., a privilege
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The business of manufacturing, handling, receiving, distributing, or selling the products defined in § 3-5-202 is declared under the Constitution and laws of the State of Arkansas to be a privilege.
Ark. Code Ann. § 3-5-205 Privilege tax — Levy and collection — Exception — Definition
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(a) For the privilege of doing business, there shall, each fiscal year beginning July 1, be assessed, levied, and collected from each:(1) (A) Wholesale dealer or broker, or distributor in light wine or beer, a special tax of one thousand dollars ($1,000) for each county in which …
Ark. Code Ann. § 3-5-206 Issuance of state permit
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(a) The payment of the special tax provided in § 3-5-205 shall be evidenced by a permit issued by the Director of the Alcoholic Beverage Control Division. (b) A permit shall be applied for by the special taxpayer and issued by the director on such forms and under such rules as ma…
Ark. Code Ann. § 3-5-207 Scope of state permit
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(a) Except as provided in subsection (b) of this section, any permit issued under the provisions of § 3-5-206 authorizing the sale of light wines or beer for consumption under the provisions prescribed in the permit shall be construed to authorize the sale of such liquor by the b…

Ark. Code Ann. § 3-5-208 Duration of state permits

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(a) Permits issued under the provisions of § 3-5-206 for the privilege of doing business as mentioned in § 3-5-206 shall be for an indeterminate period. (b) The permit fees levied by § 3-5-205 shall be paid annually as therein provided. So long as the annual permit fees are paid,…

Ark. Code Ann. § 3-5-209 Transfer of permit — Dancing privileges — Inspection fee

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(a) A person that holds an alcoholic beverage control permit may request that certain special applications be made on the permit as follows:(1) A permit holder may request a transfer of location of a permit to a new location subject to any restrictions or qualifications that may …

Ark. Code Ann. § 3-5-210 Sale or manufacture without state permit unlawful

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(a) Except as provided in subsection (b) of this section, any person that shall brew, manufacture, or sell any liquor as defined by this subchapter without first having secured a permit from the Director of the Alcoholic Beverage Control Division authorizing the brewing, manufact…

Ark. Code Ann. § 3-5-211 Local permit required

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It shall be unlawful for any person to sell, distribute, or manufacture the liquors prescribed in this subchapter without first having made application to and obtained a permit from the county or city where the business is to be conducted, and the authority is herein delegated to…

Ark. Code Ann. § 3-5-212 County and municipal retailers' permits

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(a) (1) Before any person shall be authorized to offer for sale at retail the liquors as prescribed in this subchapter in any county, or if within the incorporated limits of any town or city, then he or she shall apply to and secure a permit or license from the county clerk if ou…

Ark. Code Ann. § 3-5-213 Cities and towns — Regulation of retailers

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All incorporated cities and towns in the State of Arkansas are authorized to pass proper ordinances governing the issuance and revocation of licenses for the retail sale of the liquors as prescribed in this subchapter, within the corporate limits. Cities and towns may impose addi…

Ark. Code Ann. § 3-5-214 Oath by applicant for permit — Prohibited interests

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(a) Before any permit authorized by this subchapter shall be issued and delivered to any applicant therefor, the applicant shall make and subscribe to an oath that:(1) (A) Except as provided in subdivision (a)(1)(B) of this section, he or she will not allow any intoxicating liquo…

Ark. Code Ann. § 3-5-215 Qualifications of retail permittees

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No permit shall be granted to any permittee by the state or any county or municipality to a person who is not a resident of the State of Arkansas on the date of application.

Ark. Code Ann. § 3-5-216 Warehousing of beer and light wines

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(a) Light wines or beer upon which the tax prescribed by this subchapter has not been paid may be transported from without this state to a distributor within this state and may be received and kept in storage at a distributor's place of business in this state, upon the execution …

Ark. Code Ann. § 3-5-217 Transportation of products

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(a) (1) It shall be lawful to transport the products defined in § 3-5-202 if the tax upon the products has been paid.(2) It shall be lawful for any brewery in the State of Arkansas to transport and ship beer out of state by common carrier or other appropriate parcel delivery serv…

Ark. Code Ann. § 3-5-218 Duplicate bills of lading

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(a) Every railroad company, express company, air transportation company, motor transportation company, steamboat company, or other transportation companies who shall transport into, wholly within, or out of this state, any light wines or beer, whether brewed or manufactured withi…

Ark. Code Ann. § 3-5-219 Records and reports

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(a) Retail and wholesale dealers in light wines or beer, brewers, manufacturers, and distributors shall keep such records and make such reports with respect to the receipt of and the handling of such liquors as the Director of the Alcoholic Beverage Control Division may by regula…

Ark. Code Ann. § 3-5-220 Sale in original, labeled containers

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It shall be unlawful for any person to sell or offer to sell in this state any beer unless the beer 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 brewer or manufacturer thereof,…

Ark. Code Ann. § 3-5-221 Miscellaneous prohibited practices — Penalties

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(a) (1) Any person being either a retail dealer or who knowingly places in his or her stock, who brings upon his or her premises, who has in his or her possession, or who sells or offers for sale any beer or wine on which the tax provided by law has not been paid, in addition to …

Ark. Code Ann. § 3-5-222 Nudity on premises prohibited — Penalty — Rules

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(a) No person that has received a permit under any law of the State of Arkansas for the sale or dispensing of alcoholic beverages for on-premises consumption shall suffer or permit any person to appear on the permitted premises in such manner or attire as to expose to view any po…

Ark. Code Ann. § 3-5-223 Actions to recover taxes

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(a) Where the Secretary of the Department of Finance and Administration finds upon investigation that the state has lost tax on account of the evasion of any provision of law, he or she may bring suit in his or her own name in the proper court for the recovery of such taxes. (b) …

Ark. Code Ann. § 3-5-224 Disposition of funds

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All permits or license fees or taxes, penalties, fines, proceeds of all forfeitures, special inspection fees, and costs received by the Secretary of the Department of Finance and Administration under the provisions of this subchapter shall be general revenues and shall be deposit…

Ark. Code Ann. § 3-5-225 Additional administrative personnel

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The Secretary of the Department of Finance and Administration and the Director of the Alcoholic Beverage Control Division are authorized to employ such additional clerks, inspectors, and assistants as may be necessary for the enforcement of this subchapter.

Ark. Code Ann. § 3-5-226 On-premises sales by brewery

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(a) The brewery may sell to the consumer at the brewery in lots of fewer than sixteen gallons (16 gals.). (b) (1) The Alcoholic Beverage Control Board is hereby authorized to promulgate reasonable rules for the on-premises sale with foods and the off-premises package sale, labeli…

Ark. Code Ann. § 3-5-227 Registration of beer kegs for off-premises consumption

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(a) As used in this section:(1) (A) “Beer” means any fermented liquor made from malt or a malt substitute therefor and having an alcoholic content not in excess of ten percent (10%) by weight.(B) “Beer” includes malt beverages having an alcoholic content not in excess of ten perc…

Ark. Code Ann. § 3-5-301 Subchapter cumulative

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This subchapter shall not be construed to repeal any other laws regulating the sale of beer, but shall be construed as cumulative thereto.

Ark. Code Ann. § 3-5-302 Applications — Qualifications of applicant

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(a) A license shall not be issued to any person authorizing the sale of beer at retail unless the person shall file a verified application, accompanied by the fee required by law, and shall state in the application that he or she possesses the following qualifications:(1) (A) The…

Ark. Code Ann. § 3-5-303 Applications — Misstatement or concealment of facts

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Any misstatement or concealment of fact in the application shall be grounds for revocation of any license issued pursuant to the application.

Ark. Code Ann. § 3-5-304 Applications — Notice requirements

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(a) (1) After filing an acceptable application with the Director of the Alcoholic Beverage Control Division, the applicant shall cause to be published at least once a week for two (2) consecutive weeks in a legal newspaper of general circulation in the city in which the premises …

Ark. Code Ann. § 3-5-305 Applications — Protests

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Upon receipt by the Director of the Alcoholic Beverage Control Division within the thirty (30) days of a protest against issuance of a permit by a governing official of the city or county to whom the notice of an application for permit has been mailed, the director shall not issu…

Ark. Code Ann. § 3-5-306 Applications — Appeals

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(a) Any appeal from an order of the Director of the Alcoholic Beverage Control Division or the Alcoholic Beverage Control Board shall be made to the circuit court of the county in which the premises are situated or the Pulaski County Circuit Court. (b) Appeals shall be governed b…

Ark. Code Ann. § 3-5-307 Prohibited practices

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(1) No holder of a license authorizing the sale of beer for consumption on the premises where sold or any servant, agent, or employee of the licensee shall do any of the following upon the licensed premises:(1) Knowingly sell beer or wine to a minor;(2) Knowingly sell beer or win…

Ark. Code Ann. § 3-5-601 Legislative determinations and intent

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(a) (1) The General Assembly finds and determines that, due to extremely high prices of cane sugar and in view of the difficulty Arkansas wineries experience in obtaining dependable supplies of liquid corn sugar used as fermentation sugars in the production of native wines in thi…

Ark. Code Ann. § 3-5-602 Rules

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(a) The Secretary of the Department of Finance and Administration is authorized to establish appropriate rules, if he or she deems it advisable, to simplify the furnishing of information to the Department of Finance and Administration as required under the provisions of this subc…

Ark. Code Ann. § 3-5-603 Bottling — Tax

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(a) In order to enable Arkansas wineries which produce native wines to sell their products to interstate and intrastate passenger airline companies and to passenger railroads in containers for their convenience and use, the Alcoholic Beverage Control Board is authorized to promul…

Ark. Code Ann. § 3-5-604 Importing natural fruit flavors and herb flavors

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(a) The Alcoholic Beverage Control Division and the Department of Finance and Administration are authorized to permit Arkansas wineries to bring into Arkansas natural fruit flavors and herb flavors which cannot be acquired in Arkansas and to use such flavors according to existing…

Ark. Code Ann. § 3-5-605 Importing fruits and vegetables

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(a) Arkansas wineries are authorized to import into this state, in private or common carriers, fruits and vegetables grown outside the State of Arkansas in various forms so as to facilitate economic transportation and to use the fruits or vegetables in the production of wine acco…

Ark. Code Ann. § 3-5-606 Importing wines for blending

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(a) (1) Arkansas wineries are authorized to import into Arkansas finished or unfinished wines for blending with Arkansas red or white wines.(2) The wines shall be shipped into this state and blended according to regulations as set forth in federal regulations and labeled accordin…

Ark. Code Ann. § 3-5-701 Creation — Members

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(a) (1) There is created within the Tourism Division of the Department of Parks, Heritage, and Tourism the Arkansas Wine Producers Council, to be composed of seven (7) members.(2) (A) Four (4) members of the council shall be selected from the state at large, appointed by the Gove…

Ark. Code Ann. § 3-5-702 Officers

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At the first meeting of the Arkansas Wine Producers Council, it shall select from its membership a chair and vice-chair and any other officers it may deem necessary or appropriate to effectively carry out its responsibilities.

Ark. Code Ann. § 3-5-703 Powers and duties

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(a) The Arkansas Wine Producers Council shall have the authority and responsibility to promote research concerning the production of wine grapes and the manufacture of wine in Arkansas and to take any other action it deems necessary or appropriate to promote and support the Arkan…

Ark. Code Ann. § 3-5-801 Title

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This subchapter and § 3-5-405 [repealed] shall be known as the “Native Wine Industry Disaster Relief Act”.

Ark. Code Ann. § 3-5-802 Legislative determinations and purpose

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(a) The General Assembly recognizes, by the passage of this subchapter and § 3-5-405 [repealed], the vital contribution of agriculture to the economy of this state and of the hundreds of acres of Arkansas farmlands and of the numerous Arkansas citizens devoted to, and employed in…

Ark. Code Ann. § 3-5-803 Acquisition of ingredients from outside state

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Whenever reference is made in this subchapter to the acquisition of grapes, berries, fruits, or vegetables from sources outside this state to be used for the purposes and in the quantities authorized in this subchapter, for the production of native wines, the term shall also be d…

Ark. Code Ann. § 3-5-804 Construction of act with existing laws

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(a) It is the intent of this subchapter and § 3-5-405 [repealed] that the provisions hereof shall be supplemental to the existing laws of this state pertaining to native wineries. (b) It is also the intent of this subchapter and § 3-5-405 [repealed]:(1) To provide for means of ec…

Ark. Code Ann. § 3-5-805 Declaration of a relief program — Effect

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(a) Whenever, due to excessive heat, drought, flood, plant disease, or other natural disaster, the production of Arkansas-grown grapes, fruits, berries, or vegetables necessary to sustain the operation of native wineries on a full production basis is severely curtailed, upon peti…

Ark. Code Ann. § 3-5-806 Expanding operations during period of program

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It shall be unlawful during the period of a native wine industry disaster relief order for any existing winery or any new winery in this state to start a branch or new production operation in this state during the period of the order for the sole purpose of abusing the intent of …

Ark. Code Ann. § 3-5-807 Tax on wines produced under program

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(a) During a period of native wine industry disaster relief order issued by the Secretary of the Department of Finance and Administration under the provisions of § 3-5-805, any native wine produced from grapes, berries, fruits, or vegetables within the permissible quantities auth…

Ark. Code Ann. § 3-5-901 Program established

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As a means of providing more stable markets for grapes, fruits, berries, or vegetables used in the production of wine in this state, the General Assembly establishes a program of payments, in the form of grants, to be made to each winery in this state with respect to grapes, frui…

Ark. Code Ann. § 3-5-902 Purpose of incentives

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(1) Through the passage of this subchapter, the General Assembly establishes a financial incentive in the forms of grant payments as authorized in this subchapter for the encouragement of growing of grapes and other fruits used in the production of wine in this state to:(1) Reduc…

Ark. Code Ann. § 3-5-903 Rules

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The Secretary of the Department of Finance and Administration may establish reasonable rules to be followed by wineries in this state in making application for the subsidy payments and to prevent abuse of the subsidy payments.