Title 3, Alcoholic Beverages

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…

(1) A small brewer 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 three hundred dollars ($300) per fiscal year to:(A) Manufacture and sell its beer, malt b…

(a) (1) A small brewer may be allowed to conduct beer-, malt beverage-, and hard cider-tasting events for educational or promotional purposes at any location in a wet area of this state if approved by the Alcoholic Beverage Control Division and if written notice is given by the d…

A small brewers' license shall not be issued unless the applicant files with the Director of the Alcoholic Beverage Control Division a verified application in a form and content that the director requires, accompanied by payment of the applicable fee.

It is a Class C misdemeanor for any person not holding a valid small brewers' license to operate as a small brewer.

It is unlawful for the Director of the Alcoholic Beverage Control Division to issue a small brewers' license in any city, county, township, or other area in this state if the sale or possession of beer, malt beverages, and hard cider is unlawful.

The Director of the Alcoholic Beverage Control Board and the Secretary of the Department of Finance and Administration may adopt rules for the implementation of this subchapter.

This subchapter is supplemental to all other laws concerning alcoholic beverages and repeals only those laws or parts of laws in direct conflict with it.

Small brewery beer, malt beverages, and hard cider may be sold at any small brewery located in this state for on-premises or off-premises consumption on any day of the week.

(a) A small brewery selling and transporting beer, malt beverages, and hard cider produced on the premises of the small brewery is a supplier. (b) A small brewery is not subject to § 3-5-1101 et seq. unless the small brewery exceeds annual production of beer, malt beverages, and …

A front-of-house employee may be employed simultaneously by another holder of a permit or license issued by the Director of the Alcoholic Beverage Control Division.

(a) A small brewery tap room may:(1) For beer and hard cider produced by the small brewery, sell for both on-premises and off-premises consumption; and(2) For beer, hard cider, and wine not produced by the licensed small brewery, sell for on-premises consumption. (1) For beer and…

(a) There is established a temporary wine charitable auction permit. (b) The Alcoholic Beverage Control Division shall issue the permit to qualifying charitable nonprofit organizations that are exempt from taxation under § 501 of the Internal Revenue Code of 1986, as it existed o…

(a) The holder of a temporary wine charitable auction permit may conduct an auction in any area of the State of Arkansas where the sale of the wine is authorized. (b) The holder of a permit may conduct an auction at a premises of another on-premises permit that is licensed to sel…

The proceeds from the sale of wine sold at a charitable auction as authorized by this subchapter shall be deposited into the account of the charitable organization that holds the temporary wine charitable auction permit.

(a) The wine to be auctioned shall be obtained by:(1) Donation from any person or an out-of-state winery, if the laws of the out-of-state winery allow the donation;(2) Donation or purchase from a licensed winery within the state; or(3) Donation or purchase from a licensed Arkansa…

(1) The holder of a temporary wine charitable auction permit shall not:(1) Auction any wine that has not been obtained as provided for in this subchapter;(2) Conduct more than two (2) auctions during any calendar year;(3) When the auction is conducted on a premises that holds a p…

(a) The temporary wine charitable auction permit shall be issued for a period of not more than five (5) days. (b) The fee for the permit shall be fifty dollars ($50.00). (c) The gross receipts from the sale of wine at a charitable auction under this section shall not be subject t…

(a) The Alcoholic Beverage Control Division shall adopt rules governing the application, issuance, and use of a temporary wine charitable auction permit. (b) (1) The division shall also adopt rules establishing penalties for violation of this subchapter or rules adopted pursuant …

As used in this subchapter, “small farm winery” means a wine-making establishment that sells no more than two hundred fifty thousand gallons (250,000 gals.) of wine, the alcoholic content of which does not exceed twenty-one percent (21%) annually as reported on the federal tax re…

(a) An in-state or out-of-state small farm winery may apply to the Alcoholic Beverage Control Board for a small farm winery license. (b) (1) A small farm winery may be licensed by the board.(2) The license shall:(A) Show the registration number and location of the small farm wine…

(a) The Alcoholic Beverage Control Board may issue a restaurant wine license and a retail malt beverage license to a small farm winery license holder, if the issuance of the restaurant wine license and the retail malt beverage license are in connection with the establishment and …

(a) A person that holds a license as a native winery issued under this chapter before March 29, 2007, may conduct business as a small farm winery until the native wine license expires. (b) Upon the expiration of a native wine license issued under this chapter before March 29, 200…

(a) For the privilege of doing business respectively, as indicated in this section, there shall be imposed, assessed, levied, and collected each fiscal year beginning July 1, the following license fees:(1) (A) For the privilege of manufacturing wine in quantities not to exceed fi…

The Alcoholic Beverage Control Board shall promulgate rules to implement this subchapter.

Notwithstanding any law to the contrary, small farm winery wine may be sold at any winery located in this state for on-premises or off-premises consumption on any day of the week.

By consent of the Secretary of the Department of Finance and Administration, the small farm winery may file a bond with the secretary, the bond to be approved by him or her, which will entitle the small farm winery to the privilege of making settlement of its taxes every thirty (…

Upon conviction, a person who violates this subchapter or any reasonable rule adopted under this subchapter by the Director of the Alcoholic Beverage Control Division or the Secretary of the Department of Finance and Administration is guilty of a Class B misdemeanor.

This subchapter shall be known and may be cited as the “Direct Shipment of Vinous Liquor Act”.

(1) As used in this subchapter:(1) (A) “Mead” means an alcoholic beverage made through the fermentation of honey as the primary ingredient.(B) “Mead” includes without limitation cyser, braggot, metheglin, and melomels;(2) (A) “Small farm winery” means a wine-making establishment …

(a) Unless licensed under this subchapter, a winery, supplier, importer, wholesaler, distributor, or retailer licensed by this state or the state where its principal place of business is located shall not ship vinous liquor to an Arkansas consumer. (b) In order to obtain a wine d…

(a) (1) A wine direct shipper licensee shall collect all sales taxes and excise taxes due on a sale to an individual of this state as if the sale took place on the premises of an Arkansas small farm winery, including without limitation taxes under §§ 3-5-1605, 3-7-104, 3-7-111, a…

(a) A wine direct shipper licensee shall ship only a vinous liquor to a private residence. (b) A wine direct shipper licensee may ship up to twenty-four (24) nine-liter cases of wine annually only to a recipient who:(1) Is twenty-one (21) years of age or older;(2) Resides in a we…

(a) A wine direct shipper licensee shall have the vinous liquor delivered to an Arkansas consumer during the hours of the day that alcoholic beverages may be purchased in the state. (b) A wine direct shipper licensee shall not ship vinous liquor to a resident located in a dry ter…

The Director of the Alcoholic Beverage Control Division shall adopt rules to implement this subchapter.

(a) Permit fees or taxes, label fees, penalties, fines, proceeds of all forfeitures, special inspection fees, and costs received by the Secretary of the Department of Finance and Administration under this subchapter shall be general revenues and shall be deposited into the State …

(1) As used in this subchapter:(1) “Grocery store” means a single physical establishment that:(A) Has an inventory of human-consumable items; and(B) Is located in a wet territory;(2) “Slotting allowance” means an allowance paid by a manufacturer to a grocery store for making room…

(a) A grocery store may apply to the Alcoholic Beverage Control Board for a grocery store wine permit. (b) (1) A grocery store wine permit allows a permittee to purchase and sell wine and hard cider for off-premises consumption at a single location.(2) Wine and hard cider invento…

(a) Slotting allowances, as defined by 27 C.F.R. § 6.152(b), are prohibited. (b) A grocery store shall not require payment of a slotting allowance for products sold under this subchapter by a small farm winery, including without limitation:(1) Juice;(2) Low alcohol wine; and(3) V…

(1) As used in this subchapter:(1) “Alcoholic beverage” means a beverage containing more than five-tenths percent (0.5%) of alcohol by weight;(2) “Barrel” means thirty-one gallons (31 gals.);(3) (A) “Beer” means a fermented liquor made from malt or a malt substitute and having an…

(a) A microbrewery-restaurant private club applicant shall be an entity organized and existing or authorized to do business under the laws of this state before applying for a microbrewery-restaurant private club permit as prescribed in this subchapter. (b) At the time of applicat…

(a) A microbrewery-restaurant private club applicant may apply to obtain a microbrewery-restaurant private club through the procedures provided under § 3-9-222. (b) (1) The application for a microbrewery-restaurant private club shall be submitted to the Alcoholic Beverage Control…

(a) The Director of the Alcoholic Beverage Control Division may issue a microbrewery-restaurant private club permit that authorizes the permittee to:(1) Operate a microbrewery-restaurant private club and manufacture one (1) or more varieties of beer, malt beverage, or hard cider …