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3-4-605. Wholesalers.

Arkansas Code — all titles (historical 2020) · legal_authorities

3-4-605. Wholesalers.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-4-605

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:3-4-605
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5685f8d5feda0e87b634f86020fccac2bb070f1839bde2ab71b9974aedad0540

Source location: content.xml paragraph 2564

Stored source content

3-4-605. Wholesalers. (a) A person other than a distiller, manufacturer, rectifier, or importer may apply to the Director of the Alcoholic Beverage Control Division for a permit to sell spirituous liquor, wine as defined in § 3-9-301(7), beer, hard cider, or malt liquors at wholesale. (b) The application shall be in writing and shall set forth in detail such information concerning the applicant for the permit and the premises to be used by the applicant as the director may require. (c) The application shall be accompanied by a certified check, cash, or postal money order for the amount required by this act for the permit. (d) If the director grants the application, he or she shall issue a permit in a form as determined by the rules of the Alcoholic Beverage Control Division. (e) The permit shall contain a description of the premises permitted and in form and substance shall be a permit to the person specifically designated in the permit to sell spirituous liquor, wine as defined in § 3-9-301(7), beer, hard cider, or malt liquors for beverage purposes. (f) A person holding a distiller's or rectifier's permit need not obtain a wholesaler's permit in order to sell at wholesale spirituous liquor or wine as defined in § 3-9-301(7). (g)(1)(A) A person other than a person holding a distiller's, manufacturer's, or rectifier's permit shall not sell spirituous liquor, wine as defined in § 3-9-301(7), hard cider, or malt liquors at wholesale. (B) A person other than a person holding a wholesaler's permit shall not sell spirituous liquor, wine as defined in § 3-9-301(7), or malt liquors at wholesale. (2) A wholesaler holding a permit shall not sell or buy from another unless he or she holds a permit, but a wholesaler may export from or import into this state liquors under rules promulgated by the division. (h) A wholesaler shall not sell or contract to sell spirituous liquor, wine as defined in § 3-9-301(7), beer, hard cider, or malt liquors to a dispensary, hotel, restaurant, or club if the dispensary, hotel, restaurant, or club is not authorized under this act to receive, possess, transport, distribute, or sell spirituous liquor, wine as defined in § 3-9-301(7), beer, hard cider, or malt liquors. (i) Further, a licensed wholesaler in Arkansas of spirituous liquor, beer, hard cider, or wine as defined in § 3-9-301(7) may only purchase spirituous liquor, beer, hard cider, or wine as defined in § 3-9-301(7) from a distiller, importer, rectifier, hard cider manufacturer, or a domestic wine producer. However, this restriction does not apply to the purchase of native wines. (j)(1) For the privilege of storing, transporting, and selling spirituous liquor, wine as defined in § 3-9-301(7), beer, hard cider, or malt liquors at wholesale, there is assessed and there shall be paid an annual permit fee of and by every person engaged therein. The permit fee shall be in the sum of seven hundred dollars ($700) for each separate and distinct establishment. (2) However, this section does not apply to residents of Arkansas who store, transport, and sell wine or hard cider at wholesale manufactured by them in this state.

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Arkansas Code — all titles (historical 2020) · legal_authorities

3-9-301. Definitions.

3-9-301. Definitions. 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 to sell wine in a restaurant or cafe. (B) An annual fee of three hundred dollars ($300) shall be paid for each license or renewal of a license. (C) All moneys derived from the annual fees shall be deposited into the State Treasury as general revenues to the credit of the State Apportionment Fund, to be allocated and transferred to the various funds, fund accounts, and accounts participating in general revenues in the respective proportions to each as provided by law, and to be used for the respective purposes set forth in the Revenue Stabilization Law, § 19-5-101 et seq.; (4) “Meal” means food commonly ordered at various hours of the day; (5) “Person” means any person, firm, partnership, association, or corporation; (6)(A) “Restaurant” or “cafe” means a place of business that is regularly used to serve a meal to a guest for compensation and has a suitable kitchen facility to serve an entire menu approved by the Alcoholic Beverage Control Division. (B) The menu shall contain a selection of food and shall not be limited to sandwiches or salads. (C) The kitchen shall: (i) Have adequate refrigeration to preserve the food on the menu; (ii) Be kept in a sanitary condition; and (iii) Comply with the rules of the Department of Health. (D)(i) The Alcoholic Beverage Control Board is authorized and directed to establish appropriate rules defining “established eating places” to the extent that licenses granted under the provisions of this subchapter shall be

Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-9-301

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 3-9-301. This identifies an authority to review, not proof of applicability.