Title 3 — Alcoholic Beverages
9 chapters · 326 sections in this title.
Ark. Code Ann. § 3-5-101 Wholesaler of beer and light wine may sell malt liquor and certain ready-to-drink products
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(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…
Ark. Code Ann. § 3-5-102 Additional license to sell native wines not required
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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.
Ark. Code Ann. § 3-5-103 Distribution areas
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(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…
Ark. Code Ann. § 3-5-104 Wine tasting events
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(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…
Ark. Code Ann. § 3-5-105 Beer festival permit
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(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 …
Ark. Code Ann. § 3-5-106 Cabins and cottages
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(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 …
Ark. Code Ann. § 3-5-107 Unlawful pricing by brewers and manufacturers
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(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…
Ark. Code Ann. § 3-5-201 Purpose
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(a) The purpose of this subchapter is to legalize the manufacture and sale within this state of beer with an alcoholic content of no more than ten percent (10%) by weight and light wine of an alcoholic content not in excess of five percent (5%) by weight and to so regulate the bu…
Ark. Code Ann. § 3-5-202 Definitions
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(1) As used in this subchapter, unless the context otherwise requires:(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 a…
Ark. Code Ann. § 3-5-203 Penalties
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(a) Any violation of the provisions of this subchapter or of any rule or regulation of the Director of the Alcoholic Beverage Control Division or the violation of any rule or regulation of city legislative bodies relative to the conduct of this business shall be a Class B misdeme…
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…