Title 3 — Alcoholic Beverages
9 chapters · 326 sections in this title.
Ark. Code Ann. § 3-3-204 Handling by minor
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(a) Except as provided in subsection (b) or subsection (c) of this section, it is unlawful for a wholesaler, retailer, or transporter of alcoholic beverages to allow an employee or any other person under twenty-one (21) years of age to have anything to do with the selling, transp…
Ark. Code Ann. § 3-3-205 Sale or possession without license
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(a) (1) Any person who shall sell, barter, exchange, or give any intoxicating alcoholic liquor without having a valid license as provided by this act, in addition to losing his or her license, shall be guilty of a Class A misdemeanor.(2) Any person found guilty of a third or subs…
Ark. Code Ann. § 3-3-206 Sale or delivery to retailer without valid license tax receipt
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(a) Any manufacturer or jobber who shall sell or deliver intoxicating liquor within the state to a retailer who does not possess a valid license tax receipt, as provided for in this act, shall be guilty of a misdemeanor. (b) (1) For the first offense, he or she shall be guilty of…
Ark. Code Ann. § 3-3-207 [Repealed.]
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A.C.A. § 3-3-207Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 3-3-208 Possession or procuring orders
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(a) Any person who, by himself, herself, his or her employee, servant, agent for himself or herself, or any other person, shall keep or carry on his or her person or in any vehicle or leave in a place for another to secure any intoxicating alcoholic liquor with the intent to sell…
Ark. Code Ann. § 3-3-209 Furnishing to alcoholics or intoxicated persons
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Any person who shall sell, give away, or dispose of intoxicating liquor to an habitual drunkard or an intoxicated person shall be guilty of a violation and for the first offense be punishable by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty do…
Ark. Code Ann. § 3-3-210 Sale on Sunday or early weekday mornings
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(a) (1) A person who sells intoxicating alcoholic liquor on Sunday, except as such sales are authorized by §§ 3-9-215 and 3-9-216, and subdivision (a)(3) of this section, or between 1:00 a.m. and 7:00 a.m. on weekdays is guilty of a violation and for the first offense shall be pu…
Ark. Code Ann. § 3-3-211 Sales on Christmas Day
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(a) It shall be unlawful to sell intoxicating liquors on Christmas Day. (b) Any person who shall sell intoxicating alcoholic liquors on Christmas Day shall be guilty of a Class B misdemeanor.
Ark. Code Ann. § 3-3-212 Manufacturer-seller relationships generally
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(a) It shall be unlawful for a manufacturer to:(1) Be interested, directly or indirectly, in any premises where malt, vinous, or spirituous liquors are sold at retail or in any business devoted wholly or partially to the sale of such liquors at retail, by stock ownership, interlo…
Ark. Code Ann. § 3-3-213 Manufacturer-seller relationships — Exclusivity agreements — Definitions
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(a) It shall be unlawful for any person engaged in the manufacture of alcoholic liquors:(1) To require any wholesaler or retailer to purchase from that manufacturer to the exclusion, in whole or in part, of any alcoholic liquors sold or offered for sale by other persons; or(2) To…
Ark. Code Ann. § 3-3-214 Sale of denatured alcohol
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(a) It is unlawful for any person to sell, give away, or dispose of denatured alcohol for any beverage purposes whatsoever. (b) Any person who shall sell, give away, or dispose of denatured alcohol for any beverage purpose whatsoever shall be guilty of a violation and for the fir…
Ark. Code Ann. § 3-3-215 Obtaining federal license without state license
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(a) Any person within this state who has had issued to him or her a current federal license to sell liquor or beer in Arkansas and who has not had issued a current state license to sell liquor or beer shall be guilty of a misdemeanor and upon conviction shall be fined in any amou…
Ark. Code Ann. § 3-3-216 Possession or sale of untaxed intoxicating liquor — Definition
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(a) As used in this section, “intoxicating liquor” means any beverage containing more than five-tenths percent (0.5%) of alcohol by weight. (b) It is unlawful for a person to buy, bargain, sell, loan, own, have in possession, or knowingly transport in this state an intoxicating l…
Ark. Code Ann. § 3-3-217 [Repealed.]
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A.C.A. § 3-3-217Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 3-3-218 Duty of care of privilege license holders — Enforcement
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(a) It is the specifically declared policy of the General Assembly that all licenses issued to establishments for the sale or dispensing of alcoholic beverages are privilege licenses, and the holder of such privilege license is to be held to a high duty of care in the operation o…
Ark. Code Ann. § 3-3-219 Social hosts — Criminal liability
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(a) (1) A person who exercises control over private property shall not knowingly allow a person under twenty-one (21) years of age who is not a family member of the person to consume alcohol on the private property.(2) This subsection applies only to a person who is present and i…
Ark. Code Ann. § 3-3-301 Definition
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As used in this subchapter, unless the context otherwise requires, “person” means any individual, corporation, partnership, association, firm, or other business entity, or its agents or representatives.
Ark. Code Ann. § 3-3-302 Penalties
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(a) Unless a different penalty is specifically provided, any person who shall violate any of the provisions of this subchapter shall be guilty of a Class A misdemeanor. (b) In addition to all other fines and penalties herein provided, the Director of the Alcoholic Beverage Contro…
Ark. Code Ann. § 3-3-303 Rules
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The Director of the Alcoholic Beverage Control Division shall promulgate all rules necessary to enforce and administer this subchapter.
Ark. Code Ann. § 3-3-309 Procuring liquor for another
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(a) (1) It shall be unlawful for any person to either directly or indirectly procure or purchase for another in any district or territory where they are prohibited by law:(A) Any alcohol or spirituous, ardent, vinous, malt, or fermented liquors;(B) Any compound or preparation the…
Ark. Code Ann. § 3-3-310 Solicitation or taking orders
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(a) It shall be unlawful for any person, firm, or corporation in this state in person, by letter, circular, or other printed matter, or in any other manner, to solicit or take orders in this state for any alcoholic, vinous, malt, spirituous, or fermented liquors or any compound o…
Ark. Code Ann. § 3-3-311 Seizure and forfeiture of beverages authorized
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(a) All spirituous, vinous, or malt liquors or beverages found in the possession of any person violating this or any other alcoholic beverage control law of this state are declared to be contraband and shall be seized and forfeited. (b) Alcoholic or malt beverages subject to conf…
Ark. Code Ann. § 3-3-312 Procedure upon seizure of beverages
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(a) All spirituous, vinous, or malt beverages found in the possession of any person in violation of the laws as provided in this subchapter shall be seized and immediately turned over to the mayor if seized within the city limits of a municipality by a law enforcement officer of …
Ark. Code Ann. § 3-3-313 Determination of interests in seized beverages
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(a) Any person claiming any interest in any alcoholic beverages seized under this subchapter may present a written petition. This may be done at any time within thirty (30) days from the date of seizure of the alcoholic beverages. The petition shall be presented to the municipal …
Ark. Code Ann. § 3-3-314 Sale of confiscated beverages
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(a) Immediately upon the expiration of thirty (30) days from the date of the first notice provided in § 3-3-312, the mayor or the county judge, as the case may be, shall immediately notify licensed liquor wholesalers and retailers in the county, or, if the county is dry, then the…
Ark. Code Ann. § 3-3-315 Failure to surrender confiscated beverages
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Any person who shall seize or confiscate any spirituous, vinous, or malt beverages under the provisions of §§ 3-3-311 and 3-3-312 and who shall not immediately turn over the spirituous, vinous, or malt beverages as required by § 3-3-312 to the mayor or the county judge, as the ca…
Ark. Code Ann. § 3-3-401 Definition
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(a) As used in this subchapter, unless the context otherwise requires, “illicit still” means an apparatus designed for the unlawful manufacture of intoxicating liquor, which shall include an outfit or parts of an outfit commonly used, or intended to be used, in the distillation o…
Ark. Code Ann. § 3-3-402 Manufacture, possession, and transportation
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(a) It shall be unlawful for any person, including any corporation or legal entity:(1) To own, possess, or knowingly transport any illicit still, still worm, or any apparatus or any substantial part of any illicit still designed for the unlawful manufacture of spirituous, vinous,…
Ark. Code Ann. § 3-3-403 Seizure and forfeiture of vehicles
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(a) All vehicles or vessels used in the transportation or storage of any illicitly distilled spirituous, vinous, or malt liquor or any illicit still, still worm, or other apparatus designed for the unlawful manufacture of spirituous, vinous, or malt liquor shall be seized and for…
Ark. Code Ann. § 3-3-404 Destruction and sale of still
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(a) The court, upon conviction of any defendant for illegal manufacture or sale or gift of intoxicating alcoholic liquors, shall order the destruction of any illicit stills or apparatus designed for the manufacture of intoxicating liquor belonging to or under the control of the d…
Ark. Code Ann. § 3-3-405 Defendant's reputation as evidence
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In any prosecution or proceeding for any violation of this act, the general reputation of the defendant for moonshining, bootlegging, or being engaged in the illicit manufacture of or trade in intoxicating liquors shall be admissible in evidence against the defendant.
Ark. Code Ann. § 3-4-1001 Creation — Issuance — Expiration
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(a) (1) In addition to all other existing alcoholic beverage permits authorized to be issued by the Alcoholic Beverage Control Division for the retail sale of alcoholic beverages, there is created a restaurant beer and wine permit, which authorizes the sale of beer, hard cider, a…
Ark. Code Ann. § 3-4-1002 Rules
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The Alcoholic Beverage Control Division may adopt rules to carry out this subchapter, to establish appropriate application forms, permit forms, and procedures, and to do all other things necessary to implement this subchapter.
Ark. Code Ann. § 3-4-1003 Unauthorized sales — Penalties
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An unauthorized sale under the restaurant beer and wine permit created in this subchapter is subject to the same penalties as established for other on-premises retail permits pursuant to this title.
Ark. Code Ann. § 3-4-101 Permit required
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(a) Vinous (except wines), spirituous, or malt liquors or hard cider shall not be manufactured in this state for storage or sale at retail within the state without a permit issued by the Director of the Alcoholic Beverage Control Division. (b) A person shall not sell vinous, spir…
Ark. Code Ann. § 3-4-102 Exhibition of permit
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(a) Before commencing or doing any business for the time for which a permit has been issued, the permit shall be enclosed in a suitable wood or metal frame having a clear glass space and a substantial wood or metal back so that the whole of the permit may be seen therein. The per…
Ark. Code Ann. § 3-4-103 Fiduciaries — Continuation of permitted business
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(a) If a corporation or copartnership holding a permit under this act shall be dissolved, or if a receiver or assignee for the benefit of creditors is appointed therefor, or if a receiver or assignee for the benefit of creditors or a committee of the property of an individual hol…
Ark. Code Ann. § 3-4-104 Sale by fiduciaries or insurers
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(a) Any person, including an individual, partnership, association, or corporation, not otherwise a licensed dealer in alcoholic beverages, lawfully coming into possession of any alcoholic beverages as executor, administrator, trustee, or other fiduciary, as surety for or in payme…
Ark. Code Ann. § 3-4-105 Temporary permits
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(a) (1) The Alcoholic Beverage Control Division may issue a temporary permit for the sale of alcoholic beverages within categories set out in subsection (b) of this section at a function sponsored by or for the benefit of a nonprofit organization or charitable organization.(2) A …
Ark. Code Ann. § 3-4-106 Alcoholic beverage sampling authorized — Definition
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(a) As used in this section, “selling unit” means the configuration of an alcoholic beverage intended for sale to consumers, including without limitation:(1) A bottle of wine holding seven hundred fifty milliliters (750 ml); and(2) A case of beer containing thirty-six (36) cans h…
Ark. Code Ann. § 3-4-107 Delivery of alcoholic beverages
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(a) The following permit holders may deliver or cause to be delivered alcoholic beverages directly to a consumer twenty-one (21) years of age or older in a wet county or territorial subdivision during legal operating hours provided the retail permit holder is open to the public f…
Ark. Code Ann. § 3-4-108 Alcoholic beverages with food purchase — Definitions
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(a) A restaurant holding a valid alcoholic beverage permit may sell alcoholic beverages in a sealed container during legal operating hours directly to a consumer twenty-one (21) years of age or older along with the purchase of a meal as defined in § 3-9-202:(1) At the point of sa…
Ark. Code Ann. § 3-4-109 Expansion of outdoor dining at restaurants and bars — Definitions
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(a) (1) Except as provided in subsection (b) of this section, a restaurant or bar with a valid alcoholic beverage permit from the Alcoholic Beverage Control Division may expand its outdoor dining availability at the restaurant or bar with approval from the local government zoning…
Ark. Code Ann. § 3-4-1101 Third-party delivery permits generally
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(a) An individual, a limited liability company, a corporation, or a partnership registered to do business in this state, regardless of the residence of the ownership of the entity, may apply to the Alcoholic Beverage Control Division for a third-party delivery permit. (b) A third…
Ark. Code Ann. § 3-4-1102 Determination of delivery area
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(a) In determining whether the sale of an alcoholic beverage is legal in an area for delivery under § 3-4-1101, a holder of a third-party delivery permit or a delivery driver employed by, contracted with, or acting on behalf of the holder of a third-party delivery permit may cons…
Ark. Code Ann. § 3-4-1103 Delivery of alcoholic beverages to a consumer
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(a) A holder of a third-party delivery permit or a delivery driver employed by, contracted with, or acting on behalf of the holder of a third-party delivery permit shall only deliver an alcoholic beverage to a person who is twenty-one (21) years of age or older after the person a…
Ark. Code Ann. § 3-4-1104 Responsibilities of retailers
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(a) A retailer's responsibilities regarding delivery of an alcoholic beverage to a consumer are considered satisfied at the time the retailer transfers possession of an alcoholic beverage to a:(1) Holder of a third-party delivery permit; or(2) Delivery driver employed by, contrac…
Ark. Code Ann. § 3-4-1105 Responsibilities of holders of third-party delivery permits
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The Alcoholic Beverage Control Division may enforce the requirements of this subchapter by the same administrative proceedings that apply to all other alcoholic beverage permittees for a violation of the alcoholic beverage control rules or laws of the state, including without lim…
Ark. Code Ann. § 3-4-1106 Alcohol delivery training program
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(a) The Alcoholic Beverage Control Division shall approve an alcohol delivery training program of an applicant for a third-party delivery permit before the third-party delivery permit is issued. (b) An approved alcohol delivery training program under subsection (a) of this sectio…
Ark. Code Ann. § 3-4-201 Number of permits restricted — Definition
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(a) The public policy of the state is to restrict the number of permits in this state to dispense vinous (except small farm wines), spirituous, or malt liquor. (b) (1) The Alcoholic Beverage Control Board shall determine whether public convenience and advantage will be promoted b…