Title 3, Alcoholic Beverages

(a) A permit shall not be issued under this subchapter unless the permittee has consented in writing that the permitted premises and its books and records are open at all times to all law enforcement and tax officials and officials of the Alcoholic Beverage Control Division, the …

(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…

(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…

(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…

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.

(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 …

(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…

(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…

(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,…

(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 …

(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…

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…

(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…

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…

(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…

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.

(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 …

(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…

(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…

(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…

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,…

(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 …

(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…

(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) …

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…

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.

(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…

(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…

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

(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…

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

(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 …

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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

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.

(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…

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

(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…