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3-5-104. Wine tasting events.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-5-104. Wine tasting events.
(a)(1) Native wineries and licensed wine and spirits wholesalers, upon prior approval by the Alcoholic Beverage Control Division, shall be allowed to conduct wine tasting events for educational and promotional purposes at any location in this state without obtaining a wine sampling permit under this section if written notice is given to the division at least ten (10) days prior to the event.
(2) Requests for approval to conduct wine tasting events must be received by the division at least ten (10) days prior to the event.
(b)(1) A person, other than a native winery, licensed to sell wine, beer, or spirits under a retail liquor permit as defined in § 3-4-604 may conduct tasting events for educational and promotional purposes on the person's premises after obtaining a sampling permit from the division as provided in subsection (f) of this section.
(2)(A) Wine, beer, or spirits purchased by the person permitted under this section to conduct a tasting event shall not be exempt from the gross receipts and use taxes.
(B) If the person removes wine, beer, or spirits from his or her inventory for use in a tasting event, the wine, beer, or spirits shall be subject to the gross receipts taxes as a withdrawal from stock.
(3) A wholesaler may not:
(A) Offer special discounts on wine, beer, or spirits sold for the purpose of a tasting event; or
(B) Provide wine, beer, or spirits without charge to a person licensed to sell wine at retail for the purpose of a tasting event.
(c) No tasting event may be held pursuant to this section in any facility licensed by the division.
(d) No motor vehicle in which supplies for tasting events are carried and no person shall be subject to arrest nor shall the supplies be subject to seizure for over p
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-5-104
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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Record provenance
Stable record: arkansas_code:legal_authorities:3-5-104
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3adb55aabe53253191fa42f150d8b28766c377ce63376765733b508fe1ce794c
Source location: content.xml paragraph 3077
Stored source content
3-5-104. Wine tasting events.
(a)(1) Native wineries and licensed wine and spirits wholesalers, upon prior approval by the Alcoholic Beverage Control Division, shall be allowed to conduct wine tasting events for educational and promotional purposes at any location in this state without obtaining a wine sampling permit under this section if written notice is given to the division at least ten (10) days prior to the event.
(2) Requests for approval to conduct wine tasting events must be received by the division at least ten (10) days prior to the event.
(b)(1) A person, other than a native winery, licensed to sell wine, beer, or spirits under a retail liquor permit as defined in § 3-4-604 may conduct tasting events for educational and promotional purposes on the person's premises after obtaining a sampling permit from the division as provided in subsection (f) of this section.
(2)(A) Wine, beer, or spirits purchased by the person permitted under this section to conduct a tasting event shall not be exempt from the gross receipts and use taxes.
(B) If the person removes wine, beer, or spirits from his or her inventory for use in a tasting event, the wine, beer, or spirits shall be subject to the gross receipts taxes as a withdrawal from stock.
(3) A wholesaler may not:
(A) Offer special discounts on wine, beer, or spirits sold for the purpose of a tasting event; or
(B) Provide wine, beer, or spirits without charge to a person licensed to sell wine at retail for the purpose of a tasting event.
(c) No tasting event may be held pursuant to this section in any facility licensed by the division.
(d) No motor vehicle in which supplies for tasting events are carried and no person shall be subject to arrest nor shall the supplies be subject to seizure for over possession in a dry area.
(e) The criminal penalties for drinking in public as prescribed by § 5-71-212(c) are not applicable to any tasting event approved by the division pursuant to this section.
(f)(1) The Director of the Alcoholic Beverage Control Division may issue a sampling permit if the applicant:
(A) Is licensed by the director to sell wine, beer, spirits, or any combination, at retail; and
(B) Pays a license fee of:
(i) Five hundred dollars ($500) for either a wine license, beer license, or spirits license; or
(ii) One thousand dollars ($1,000) for a combined wine, beer, and spirits license.
(2)(A) The sampling permit allows the person to conduct tasting events on the person's premises during regular hours of operation. A sampling permit shall expire on June 30 of each year.
(B) The samples shall be limited to a total of:
(i) Three (3) one-half ounce (0.5 oz.) wine servings per customer each day for on-premises consumption;
(ii) Two (2) two ounce (2 oz.) beer servings per customer each day for on-premises consumption; and
(iii) Two (2) one-half ounce (0.5 oz.) spirit servings per customer each day for on-premises consumption.
(3) The director may promulgate rules to administer and enforce this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
3-4-604. Retailers.
(a) A person, other than a distiller, importer, rectifier, or wholesaler, may apply to the Director of the Alcoholic Beverage Control Division for a permit to sell and dispense vinous or spirituous liquors or hard cider for beverage purposes at retail.
(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 shall grant the application, he or she shall issue a permit in such form as shall be 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 and dispense at retail spirituous or vinous liquors or hard cider.
(f) All such sales shall be in unbroken packages that shall not be opened or the contents or any part consumed on the premises where purchased.
(g) For the privilege of operating a dispensary from which the vinous, spirituous, and malt liquors (except wines) or hard cider are to be dispensed in the manner provided in this act, there is assessed and there shall be paid a permit fee of and by the person engaged therein in the sum of four hundred dollars ($400) per annum payable on or before June 30 of each calendar year for the fiscal year beginning July 1.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-4-604
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 3-4-604. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-71-212. Public intoxication — Drinking in public.
(a) A person commits the offense of public intoxication if he or she appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree and under circumstances such that:
(1) The person is likely to endanger himself or herself or another person or property; or
(2) The person unreasonably annoys a person in his or her vicinity.
(b)(1) Public intoxication is a Class C misdemeanor.
(2)(A) Public intoxication is an unclassified misdemeanor if the person has been convicted of public intoxication two (2) or more times within five (5) years of the date of the current offense.
(B) If convicted of the unclassified misdemeanor of public intoxication for a third or subsequent offense of public intoxication occurring within a five-year period, in addition to a fine of no more than five hundred dollars ($500), the person may be sentenced to:
(i) Probation not to exceed one (1) year, with a condition that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency;
(ii) A term not to exceed thirty (30) days in a county jail, with an additional probationary period to include as a condition of probation that the defendant enroll in a program of treatment or counseling for alcohol abuse or alcohol dependency, with the total time of jail and probation not to exceed one (1) year; and
(iii) Provided that with regard to any revocation of probation under subdivision (b)(2)(B)(i) or subdivision (b)(2)(B)(ii) of this section, that any jail sentence imposed for revocation of probation not exceed thirty (30) days in the county jail.
(c) A person commits the offense of drinking in public if the person, other than in a place of business licensed
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-71-212
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 5-71-212. This identifies an authority to review, not proof of applicability.