Title 3, Alcoholic Beverages

(1) As used in this subchapter, unless the context otherwise requires:(1) “Alcoholic beverages” means all intoxicating liquors of any sort, other than beer and wine as described and regulated in §§ 3-5-301 — 3-5-307, and 3-9-301 et seq., respectively;(2) “Bed and breakfast privat…

(a) The provisions of this subchapter authorizing on-premises consumption shall be effective only in cities and counties, or portions thereof, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held pursuant to Initiat…

(a) Any person who shall violate any provision of §§ 3-9-201 — 3-9-214, 3-9-221 — 3-9-225, and 3-9-232 — 3-9-237 shall be guilty of a Class A misdemeanor. (b) Each violation shall constitute a separate offense. (c) The Director of the Department of Finance and Administration shal…

(a) The Alcoholic Beverage Control Board is authorized to adopt and enforce reasonable rules governing the qualifications for permits hereunder, the operation of licensed premises, and otherwise implementing and effectuating the provisions and purposes of this subchapter and, in …

(a) A referendum election hereunder shall be conducted in accordance with the following:(1) A referendum election may be called in a city by resolution adopted by a majority vote of the governing body of the city or by petition filed with the city clerk signed by qualified electo…

(a) In the event a majority of those voting in a referendum election under this subchapter shall vote for on-premises consumption, then permits may be issued by the Alcoholic Beverage Control Board to eligible hotels and to restaurants located in other than dry areas of the city …

(a) If a dry city or county shall subsequently vote at a local option election held pursuant to the Initiated Act No. 1 of 1942, §§ 3-8-201 — 3-8-203 and 3-8-205 — 3-8-209, for the manufacture or sale of intoxicating liquors, a referendum election under this subchapter may not be…

It shall be unlawful and constitute a Class A misdemeanor for any person not holding a valid permit issued hereunder to sell alcoholic beverages for on-premises consumption.

(a) (1) Any hotel or restaurant as defined in § 3-9-202 desiring to sell alcoholic beverages for on-premises consumption shall make application to the Director of the Alcoholic Beverage Control Division for a permit upon forms prescribed and furnished by the director and in accor…

(a) Any permit to sell alcoholic beverages for on-premises consumption shall include authority to sell beer for consumption on the same premises, and the provisions of § 3-5-307(7) and (8) shall not apply to premises covered by a permit issued under this subchapter. (b) An on-pre…

(a) Each application for a permit to sell alcoholic beverages for on-premises consumption shall be accompanied by a permit fee in the following applicable amount: Hotel, having fewer than 100 rooms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .…

(a) The sale of alcoholic beverages pursuant to this subchapter shall be subject to the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., as amended. (b) (1) In addition, there is levied a supplemental tax of ten percent (10%) upon the gross proceeds or gross receipts fro…

(a) An additional fee or supplemental tax as levied under §§ 3-9-212 and 3-9-213 may also be levied upon any permittee under this subchapter by a city or incorporated town in which the licensed premises are located, or by the county if located outside the limits of a city or inco…

When a Sunday falls on December 31 of any year, licensed restaurants and hotels authorized to sell alcoholic beverages under § 3-3-210 may automatically sell alcoholic beverages for on-premises consumption between the hours of 10:00 a.m. on Sunday and 2:00 a.m. on the following M…

(a) A large attendance facility under § 3-9-202(16)(B) in which pari-mutuel wagering has been authorized and which has a valid and current license or permit to sell alcoholic beverages for on-premises consumption may sell alcoholic beverages for on-premises consumption on any day…

(a) The General Assembly recognizes that:(1) (A) There are a number of counties or parts of counties where the public retail sale of intoxicating liquors has not been approved by the voters.(B) However, within those counties or parts of counties there are significant developments…

(a) (1) Application for a permit to operate as a private club may be made to the governing body of the county or municipality in which the private club seeks to be located.(2) If the governing body of the county or municipality approves by ordinance an application for a permit to…

(a) (1) A permit shall be renewed on or before June 30 of each calendar year for the fiscal year beginning July 1.(2) Any permit issued between January and July 1 of any year shall be at one-half (½) of the amount of the fee provided in § 3-9-222. (1) A permit shall be renewed on…

The Alcoholic Beverage Control Board is authorized and directed to establish rules with respect to permits issued under the provisions of § 3-9-222 to assure compliance with the provisions hereof and to prohibit any permittee from engaging in the unlawful sale of alcoholic bevera…

(a) As used in this section, “intoxicating liquor” means a beverage containing more than one-half of one percent (0.5%) of alcohol by weight. (b) (1) It shall be unlawful for a private club, as defined in § 3-9-202, to use the advertising media to promote the consumption and use …

(a) (1) There is hereby created a large attendance facility mixed drink permit which is to be issued for any large attendance facility, as defined by § 3-9-202(16)(B), in which pari-mutuel wagering has been authorized by law.(2) Such permits may only be issued in cities of the fi…

(a) Any person who has applied to the Director of the Alcoholic Beverage Control Division for a permit to operate as a private club in an area which has not elected to allow the sale of alcoholic beverages, and that application was denied, may reapply by following the procedures …

The Secretary of the Department of Finance and Administration may assess and collect delinquent state and local taxes from the owner or owners of the hotel or restaurant, file claims for unpaid taxes against bonds or other security required to be posted by the permittee, and enfo…

(a) No permit shall be issued under this subchapter unless the permittee has consented in writing that the licensed premises and its books and records shall be open at all times to all law enforcement and tax officials and officials of the Alcoholic Beverage Control Division, the…

(a) The rules of the Alcoholic Beverage Control Board and existing laws with respect to the closing hours of licensed premises under this subchapter shall be applicable to all such licensed premises in the state, except that:(1) The governing body of a city in which hotel and res…

(a) If any permittee shall fail to remit any fee levied in this subchapter for the annual renewal of a permit within the time provided in § 3-9-223, the permit shall be revoked. (b) If any permittee shall fail to remit the supplemental tax upon gross receipts within the time prov…

(a) Upon his or her own complaint or that of any law enforcement agency having jurisdiction over the permitted premises, the Director of the Alcoholic Beverage Control Division may suspend, cancel, or revoke any permit granted hereunder for violation by the permittee of any provi…

(1) It shall be unlawful and constitute a Class A misdemeanor for any person holding a permit hereunder or his or her agents, servants, or employees knowingly to do any of the following acts:(1) Serve any alcoholic beverage to a person who is under twenty-one (21) years of age;(2…

All permit fees and supplemental gross receipts taxes collected for the state pursuant to this subchapter shall be remitted monthly to the Treasurer of State as general revenues and be credited to the State Apportionment Fund. There the fees and taxes shall be allocated and trans…

(a) (1) There is hereby created a pari-mutuel mixed drink permit which is to be issued for any restaurant, as defined by § 3-9-202, in any county where pari-mutuel wagering has been authorized by law.(2) The permits may be issued only in cities of the first class in which the sal…

(a) A restaurant that purchases five hundred sixty liters (560 l) of spirituous liquors or less from an entity holding a wholesale liquor permit may apply to the Director of the Alcoholic Beverage Control Division for a small restaurant permit. (b) (1) If the small restaurant per…

(a) (1) An application for a hotel or large-event facility private club permit shall be in writing and shall provide information concerning the applicant for the hotel or large-event facility private club permit and the premises to be used by the applicant as the Director of the …

An entity governed by this subchapter shall post information about the National Human Trafficking Resource Center hotline as required under § 12-19-102.

(a) As used in this section, “spirituous liquors” means mixed drinks or specialty drinks that are made by the permit holder at the premises. (b) Notwithstanding the provisions of § 3-4-404(15) concerning vending machine sales, an on-premises consumption permit holder may sell con…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Director” means the Director of the Alcoholic Beverage Control Division;(2) “Guest” means a person who orders and is served a meal inside a restaurant during regular hours;(3) (A) “License” means a license…

If any cafe or restaurant licensed to sell wine as authorized in this subchapter shall violate any of the provisions of this subchapter or any of the provisions of other laws of this state regarding the sale of wine at retail, the owner or operator of the cafe or restaurant shall…

(a) It shall be lawful for a cafe or restaurant, as defined in § 3-9-301, in this state to sell wines, as defined in § 3-9-301, or hard cider, for consumption with food served in the cafe or restaurant upon obtaining a license, and paying the fee therefor, from the Director of th…

A restaurant, as defined in § 3-9-301, that is located within two (2) miles of a city having a population of at least fifty-five thousand (55,000) but not more than sixty thousand (60,000) persons according to the 1970 Federal Decennial Census, and in an area in which the sale of…

(a) A license shall not be issued to a person authorizing the sale of wine or hard cider, or both, at retail for consumption on the premises with food served in any cafe or restaurant unless the person files with the Director of the Alcoholic Beverage Control Division a verified …

(1) A holder of a license authorizing the sale of wine or hard cider, or both, for consumption with food served on the premises where sold, or a servant, agent, or employee of the licensee, shall not do any of the following upon the licensed premises:(1) Knowingly sell wine or ha…

Proceedings for the revocation or suspension of any license issued pursuant to the provisions of this subchapter shall be in the same manner as provided by law for revocation or suspension of licenses for sale of beer for consumption on the premises.

(1) As used in this subchapter:(1) “Director” means the Director of the Alcoholic Beverage Control Division;(2) (A) “License” means a license to sell wine for consumption on the premises.(B) (i) An annual fee of five hundred dollars ($500) shall be paid for each license or renewa…

(a) It is lawful for a facility in this state to sell wines or hard cider for consumption on the premises upon obtaining a license from the Director of the Alcoholic Beverage Control Division and paying the fee therefor, as provided in this subchapter. (b) However, it shall be un…

(a) A license shall not be issued to a person authorizing the sale of wine or hard cider, or both, at retail for consumption on the premises unless the person files with the Director of the Alcoholic Beverage Control Division a verified application therefor accompanied by the fee…

(1) A holder of a license authorizing the sale of wine or hard cider, or both, for consumption on the premises where sold or a servant, agent, or employee of the licensee shall not do any of the following upon the licensed premises:(1) Knowingly sell wine or hard cider to a minor…

If a facility licensed under this subchapter to sell wine or hard cider, or both, for consumption on the premises violates this subchapter or the other laws of this state regarding the sale of wine or hard cider at retail, the owner or operator of the facility is guilty of a Clas…