Title 3, Alcoholic Beverages

(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…

(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.

(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…

(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…

(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…

(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…

(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…

(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…

(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…

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.

(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…

The Director of the Alcoholic Beverage Control Division shall promulgate all rules necessary to enforce and administer this subchapter.

(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…

(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…

(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…

(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 …

(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 …

(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…

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…

(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…

(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,…

(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…

(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…

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.

(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…

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.

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.

(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…

(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…

(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…

(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…

(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 …

(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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

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…

(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…

(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…

(a) The Alcoholic Beverage Control Board in exercising its discretionary power shall give due regard to the ordinances and regulations of the counties and municipalities of this state. (b) All municipal corporations may license and tax the manufacture and sale of vinous (except w…

(a) For purposes of this section, the term “vested permits” is defined as those multiple retail liquor permits which were lawfully issued to any person, firm, or corporation prior to July 19, 1971. (b) (1) (A) Except as provided in subsection (e) of this section, a retail liquor …

(a) As used in this section:(1) “Church” means a church and all immediately adjacent property owned or leased by the church that is used for church purposes; and(2) (A) “Schoolhouse” means:(i) A facility owned and operated by a public or private school or an open-enrollment chart…