Title 3, Alcoholic Beverages

Any winery in this state which produces wines from grapes, berries, fruits, or vegetables grown in this state, which desires to receive the subsidy authorized in this subchapter with respect to such purchases, may make application for the subsidy with the Department of Finance an…

(a) Each winery in this state shall keep records to establish the quantity of grapes, berries, fruits, or vegetables grown in this state which are purchased and used for the making of wine in this state. (b) The records shall include weight receipts for fruits and vegetables, tog…

(a) In order to provide moneys to be used in paying the subsidies to Arkansas grape, berry, fruit, and vegetable producers whose production is sold to wineries in this state for making wine, the Secretary of the Department of Finance and Administration is authorized and directed …

(1) A person, firm, or corporation having a permit to sell beer and light wine at wholesale shall be permitted to sell to liquor retailers:(1) Malt liquor containing greater than five percent (5%) of alcohol by weight; and(2) Ready-to-drink products containing spirituous liquor w…

Any retail liquor dealer who has been duly licensed as such shall have the right without any additional license fee to sell native wines manufactured from fruits, vegetables, and other products grown in the State of Arkansas.

(a) All beer wholesalers in this state shall notify the Alcoholic Beverage Control Board of the brand name of all beer to be distributed and of the agreement between the applicant and the brewer as to the geographical territory wherein the applicant may distribute beer. (b) In th…

(a) (1) Native wineries and licensed wine and spirits wholesalers, upon prior approval by the Alcoholic Beverage Control Division, shall be allowed to conduct wine tasting events for educational and promotional purposes at any location in this state without obtaining a wine sampl…

(a) (1) The Director of the Alcoholic Beverage Control Division may issue a temporary permit to authorize the following:(A) A festival to be conducted over a period not to exceed three (3) days;(B) The consumption by persons of legal age of beer and malt beverages, as defined by …

(a) For purposes of this section, “cabins and cottages” means corporations, partnerships, individuals, limited liability corporations, and other legal entities whose primary function is to provide overnight accommodations to the public, not exceeding a total of twenty (20) guest …

(a) As used in this section, “discriminate” means the granting of a more favorable price, allowance, rebate, refund, commission, or discount to one (1) Arkansas distributor or wholesaler than to another Arkansas distributor or wholesaler. (b) It is unlawful for:(1) A brewer, manu…

(a) The legislative intent and purpose of this subchapter is to provide a structure for the business relations between a wholesaler and a supplier of beer. (b) Regulation in this area is considered necessary for the following reasons:(1) To maintain stability and healthy competit…

(a) The following words or phrases, or the plural thereof, whenever they appear in this subchapter shall have, unless the context clearly requires otherwise, the meanings ascribed to them in this section:(1) “Agreement” means any agreement between a wholesaler and a supplier, whe…

(a) This subchapter shall apply to agreements entered into or renewed after January 31, 1991. (b) (1) A transferee of a wholesaler that continues in business as a wholesaler shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in e…

This subchapter is cumulative, and supplements and is in addition to Title 3 of this Code and the Arkansas Franchise Practices Act, § 4-72-201 et seq., as amended.

(a) (1) A wholesaler may not waive any of the rights granted in any provision of this subchapter, and the provisions of any agreement which would have such an effect shall be null and void.(2) Nothing in this subchapter shall be construed to limit or prohibit good faith dispute s…

(a) If a supplier or wholesaler engages in conduct prohibited under this subchapter, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct. (b) A…

(a) A supplier shall not do the following:(1) Fail to provide to each wholesaler of the supplier's brand or brands with a written agreement which contains, in total, the supplier's agreement with each wholesaler and designates a specific exclusive sales territory. Any agreement w…

(a) Except as provided for in this subchapter, a supplier that has amended, modified, cancelled, terminated, or refused to renew any agreement; or caused a wholesaler to resign from an agreement; or has interfered with, prevented, or unreasonably delayed, or, where required by th…

(1) A wholesaler shall not do any of the following:(1) Fail to devote such efforts and resources to the sale and distribution of all the supplier's brands of beer which the wholesaler has been granted the right to sell or distribute as are required in the wholesaler's agreement w…

(a) (1) (A) Upon written notice of intent to transfer the wholesaler's business, any individual owning or deceased individual who owned an interest in a wholesaler may transfer the wholesaler's business to a designated member or to any other person who meets the nondiscriminatory…

(a) Notwithstanding any agreement and except as otherwise provided for in this subchapter, a supplier shall not amend or modify an agreement, cause a wholesaler to resign from an agreement, or cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the …

(a) The General Assembly reaffirms the policy of this state of strict enforcement of laws and rules applicable to the manufacture or sale of beer including, but not limited to, those establishing the three-tier distribution system with prohibitions against ownership and employmen…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Barrel” means thirty-one gallons (31 gals.);(2) (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 weig…

Every provision of this subchapter shall be subject to all beer, malt beverage, hard cider, or ready-to-drink product laws and rules, except that conflicting beer, malt beverage, hard cider, or ready-to-drink product laws and rules shall be inapplicable to any provision of this s…

(a) The Director of the Alcoholic Beverage Control Division may issue a microbrewery-restaurant license which shall authorize the licensee to do the following:(1) (A) To:(i) Operate a microbrewery which shall manufacture one (1) or more varieties of beer, malt beverage, ready-to-…

(1) A microbrewery-restaurant licensee shall:(1) Pay any applicable city or county license or permit fees and barrelage or taxes and shall pay a state licensing fee to the Alcoholic Beverage Control Division of seven hundred fifty dollars ($750) per fiscal year to manufacture and…

No microbrewery-restaurant license shall be issued unless the applicant shall file with the Director of the Alcoholic Beverage Control Division a verified application, in such form and with such content as the director shall require, accompanied by payment of the applicable fee.

It shall be unlawful and constitute a Class A misdemeanor for any person not holding a valid microbrewery-restaurant license to operate as a microbrewery-restaurant as herein provided.

The Director of the Alcoholic Beverage Control Division, the Alcoholic Beverage Control Board, and the Secretary of the Department of Finance and Administration, and any other applicable agency of this state, shall promulgate and adopt such rules as they deem necessary for the im…

This subchapter shall be known as the “Nonresident Beer Seller's Permit Act of 1995”.

(1) As used in this subchapter:(1) “Beer” shall have the meaning set forth in § 3-5-202;(2) “Brewery” shall have the meaning set forth in § 3-5-202;(3) “Division” shall mean the Alcoholic Beverage Control Division of the Department of Finance and Administration of the State of Ar…

(a) A nonresident seller's permit is required of any manufacturer, brewery, supplier, or other such person who sells or distributes beer or malt to any wholesale dealer and distributor, regardless of whether the sale is consummated inside or outside this state. (b) (1) The holder…

(a) The holder of a nonresident seller's permit is authorized to:(1) Solicit and take orders for beer or malt from a wholesale dealer and distributor; and(2) Ship or cause to be shipped into this state beer or malt in consummation of a sale made to a wholesale dealer or distribut…

(1) No holder of a nonresident seller's permit or wholesaler support center permit nor any officer, director, agent, or employee of the holder nor any affiliate of the holder, regardless of whether the affiliation is corporate or by management, direction, or control, may do any o…

(a) Any manufacturer, importer, or other person desiring to obtain a nonresident seller's permit or wholesaler support center permit may make application for such to the Alcoholic Beverage Control Division on forms provided by the division. (b) (1) (A) In addition, every applican…

(a) No wholesale dealer and distributor licensed under § 3-5-206 may purchase or order any malt beverage for importation into the state from any source other than one possessed of a nonresident seller's permit. (b) No such wholesale dealer and distributor may purchase or order an…

(a) No holder of a nonresident seller's permit or wholesaler support center permit may solicit, accept, or fill an order for beer or malt from a holder of any type of wholesaler's permit unless the nonresident seller or wholesaler support center permittee is the primary American …

(a) If a representative of the Alcoholic Beverage Control Division or the Revenue Division of the Department of Finance and Administration wishes to examine the book accounts, records, minutes, letters, memoranda, documents, checks, telegrams, constitution and bylaws, or other re…

(a) The Director of the Alcoholic Beverage Control Division and the Alcoholic Beverage Control Board are empowered to administer the full range of penalties available for other administrative proceedings before it, including, but not limited to, fines, suspension, cancellation, o…

This subchapter shall be known and may be cited as the “Arkansas Small Brewery Act”.

(a) The General Assembly finds that:(1) The creation and long-term success of small businesses in this state is vital to the continued economic well-being and prosperity of the State of Arkansas; and(2) All reasonable steps should be taken to retain, foster, and encourage small b…

(1) As used in this subchapter:(1) “Barrel” means thirty-one gallons (31 gals.);(2) (A) “Beer” means any fermented liquor made from malt or a malt substitute having an alcoholic content of not more than ten percent (10%) by weight.(B) “Beer” includes malt beverages having an alco…

Every provision of this subchapter is subject to all beer, malt beverage, and hard cider laws and rules not in conflict with the provisions of this subchapter.

(a) The Director of the Alcoholic Beverage Control Division may issue a license for a licensee to operate a small brewery that:(1) Manufactures at its licensed facility no less than thirty-five percent (35%) of its beer, malt beverages, and hard cider to be sold in the state and …

(a) Any wholesale or retail dealer that is licensed to sell beer, malt beverages, and hard cider may sell beer, malt beverages, and hard cider produced by small brewers without any additional license fee. (b) Any retail dealer not licensed to sell beer, malt beverages, and hard c…

(a) A small brewery may transport its beer, malt beverages, and hard cider along any highway, road, street, or other thoroughfare of travel. (b) A small brewery may ship its products out of the state by common carrier or other appropriate parcel delivery service, and common carri…