Browse Arkansas Code titles and sections
3-5-105. Beer festival permit.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-5-105. Beer festival permit.
(a)(1) The Director of the Alcoholic Beverage Control Division may issue a temporary permit to authorize the following:
(A) A festival to be conducted over a period not to exceed three (3) days;
(B) The consumption by persons of legal age of beer and malt beverages, as defined by § 3-5-1202, and hard cider on the festival grounds;
(C) The permittee to charge an entry fee for persons wishing to attend the festival and to distribute beer, malt beverages, and hard cider on any day of the week, including Sunday, as provided for in this section, pursuant to the following conditions:
(i) The distribution of beer, malt beverages, and hard cider, as authorized in this section, shall be limited to the secure area as prescribed in subdivision (a)(1)(D) of this section; and
(ii) The distribution of beer, malt beverages, and hard cider on Sunday, as authorized in this section, shall be limited to the hours between 12:00 noon and 10:00 p.m. central time and be limited to those areas where the retail sale and consumption of alcoholic beverages on Sunday has been approved pursuant to Arkansas law;
(D) The festival permittee to designate the permitted area on the festival grounds to be approved by the director, such that it is a secure area which will not allow unsupervised access and egress; and
(E) Participation in this event by any legal brewery, microbrewery, microbrewery-restaurant, distributor, wholesaler, brewpub, small brewery, hard cider manufacturer, or small brewery tap room, whether or not it is currently registered or its product is licensed in the State of Arkansas.
(2)(A) The director shall not issue this permit if the proposed location is in a dry area.
(B) The director may issue this permit only to a charitable or nonp
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-5-105
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:3-5-105
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 528d30d96044fe60e3a3f193e5776007b8d4811458de138b2edd196a4ee2166c
Source location: content.xml paragraph 3110
Stored source content
3-5-105. Beer festival permit.
(a)(1) The Director of the Alcoholic Beverage Control Division may issue a temporary permit to authorize the following:
(A) A festival to be conducted over a period not to exceed three (3) days;
(B) The consumption by persons of legal age of beer and malt beverages, as defined by § 3-5-1202, and hard cider on the festival grounds;
(C) The permittee to charge an entry fee for persons wishing to attend the festival and to distribute beer, malt beverages, and hard cider on any day of the week, including Sunday, as provided for in this section, pursuant to the following conditions:
(i) The distribution of beer, malt beverages, and hard cider, as authorized in this section, shall be limited to the secure area as prescribed in subdivision (a)(1)(D) of this section; and
(ii) The distribution of beer, malt beverages, and hard cider on Sunday, as authorized in this section, shall be limited to the hours between 12:00 noon and 10:00 p.m. central time and be limited to those areas where the retail sale and consumption of alcoholic beverages on Sunday has been approved pursuant to Arkansas law;
(D) The festival permittee to designate the permitted area on the festival grounds to be approved by the director, such that it is a secure area which will not allow unsupervised access and egress; and
(E) Participation in this event by any legal brewery, microbrewery, microbrewery-restaurant, distributor, wholesaler, brewpub, small brewery, hard cider manufacturer, or small brewery tap room, whether or not it is currently registered or its product is licensed in the State of Arkansas.
(2)(A) The director shall not issue this permit if the proposed location is in a dry area.
(B) The director may issue this permit only to a charitable or nonprofit organization as provided for by the Alcoholic Beverage Control Board, except that this permit may not be issued to a charitable or nonprofit organization holding a private club license.
(3) The permittee shall maintain the permit in conjunction with any other legally obtained permit.
(b)(1) The permittee shall provide to the board no later than one (1) week prior to the event a complete listing of those nonlicensed participants and the products they will be providing. The list shall include proof of delivery, such as an invoice, from the participant which will denote such product or products being provided to the festival.
(2) The permittee may reimburse participants, if so desired, for the cost of the product provided for the licensed event.
(3)(A) The permittee shall designate one (1) wholesale distributor currently licensed in Arkansas to act as a temporary warehouse for those nonlicensed products to be stored prior to or following the event.
(B) Those products shall be stored for a period not to exceed one (1) week prior to and following the event.
(C) The designated wholesaler shall not be in violation of § 3-3-216, § 3-5-221, § 3-5-1307, or § 3-7-104.
(4)(A) The designated wholesaler shall pay the Miscellaneous Tax Section of the Office of Excise Tax Administration a wholesalers tax of $7.507808 per barrel equal to thirty-one gallons (31 gals.) for each barrel of beer, malt beverage, or hard cider provided for this festival by any participant whose product is not currently licensed or registered in the State of Arkansas.
(B) This tax shall be paid in conjunction with the currently required miscellaneous tax and shall be paid by the same means as are currently required in the normal course of paying the miscellaneous tax.
(C) The designated wholesaler shall be reimbursed for this tax by the permittee and may collect a handling fee for services rendered in warehousing such nonlicensed product for this festival.
(c) Neither the participants in this event nor their products need be registered under § 3-2-409, § 3-5-1303, or § 3-7-106, nor shall they be in violation of § 3-3-216, § 3-3-304 [repealed], § 3-3-305 [repealed], § 3-5-205, § 3-5-210, § 3-5-211, § 3-5-216, § 3-5-217, or § 3-5-221 for this event only.
(d) The festival participants and attendees while on the festival grounds shall not be found to be in violation of § 5-71-212(c) or (d) regarding public consumption. This does not exclude any participant or attendee from being found in violation of § 5-71-212(a) or (b) regarding public intoxication.
(e) The permittee shall pay to the board a fee of two hundred fifty dollars ($250) per event for a temporary permit under this section.
(f) Every provision of this section shall be subject to all beer, malt beverage, and hard cider laws and rules, except that conflicting beer, malt beverage, and hard cider laws and rules shall be inapplicable to any provision of this section to the extent that they conflict herewith.
(g) A small brewery holding a distribution permit and a beer festival permit may accept and hold beers from out-of-state breweries and distributors for the purpose of pouring at beer festivals.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
3-3-216. Possession or sale of untaxed intoxicating liquor — Definition.
(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 liquor upon which the Arkansas excise tax prescribed by law has not been paid.
(c)(1) Except as provided in subdivision (c)(2) of this section, a violation of this section is a Class B misdemeanor.
(2) A violation of this section is a Class A misdemeanor if a person transports intoxicating liquor into this state from another state without the Arkansas excise tax having been paid on the intoxicating liquor and the person was transporting the intoxicating liquor for the purpose of resale in this state.
(d)(1) In addition to the applicable criminal penalties under subsection (c) of this section, a person who violates this section is subject to a civil penalty equal to the amount of all excise tax levied on the intoxicating liquor at the rates imposed on alcoholic beverages under § 3-7-101 et seq.
(2) The Department of Finance and Administration shall assess and administer the civil penalty set forth in this subsection under the Arkansas Tax Procedure Act, § 26-18-101 et seq., and shall promulgate any rules necessary for the proper administration and enforcement of the civil penalty.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-3-216
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 3-3-216. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-5-1202. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Barrel” means thirty-one gallons (31 gals.);
(2) “Beer” means any fermented liquor made from malt or any substitute therefor and having an alcoholic content not in excess of five percent (5%) by weight;
(3) “Beer, malt beverage, and hard cider law or rule” means any law of this state, or any rule promulgated and adopted with respect thereto, that is:
(A) Applicable to a person applying for or holding a license to manufacture beer, malt beverage, or hard cider; or
(B) Applicable to a person applying for or holding a license to sell beer, malt beverage, or hard cider in a restaurant for consumption on or off the licensed premises;
(4) “Board” means the Alcoholic Beverage Control Board of this state, or its successor agency;
(5) “Conflicting beer, malt beverage, or hard cider law or rule” means any beer, malt beverage, or hard cider law or rule that prohibits or conflicts with the otherwise legal licensing and operation of microbrewery-restaurants, as authorized in this subchapter, by requiring any brewer to sell only to a licensed wholesaler, or requiring any licensed retailer to sell only beer, malt beverage, or hard cider purchased from a licensed wholesaler, or prohibiting any brewer or retailer from having any ownership or employment interest in the business of the other or the premises of the other, or requiring that the excise and enforcement tax on beer, malt beverage, or hard cider manufactured by a brewer be paid by a licensed wholesaler, or any beer, malt beverage, or hard cider law or rule of similar direct or indirect effect;
(6) “Director” means the Director of the Alcoholic Beverage Control Division of this state, or its successor agency;
(7) “Dr
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-5-1202
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 3-5-1202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-5-1307. Wholesale dealers and distributors to import from nonresident seller permittees only.
(a) No wholesale dealer and distributor licensed under § 3-5-206 may purchase or order any malt beverage for importation into the state from any source other than one possessed of a nonresident seller's permit.
(b) No such wholesale dealer and distributor may purchase or order any beer or malt liquor for importation into this state from any permittee whose permit has been revoked or suspended after such wholesaler has received notice of the revocation or suspension.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-5-1307
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 3-5-1307. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-5-221. Miscellaneous prohibited practices — Penalties.
(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 the other fines, penalties, and forfeitures shall be subject to a penalty of twenty-five dollars ($25.00) for each package of untaxed liquor so held or offered for sale.
(2) The penalty shall be in the nature of liquidated damages and may be collected by civil action.
(b) It shall be unlawful for any brewer or distributor of light wines or beer to manufacture or knowingly bring upon his or her premises and keep thereon any beer or wine of an alcoholic content in excess of five percent (5%) by weight or any distilled spirits of any alcoholic content whatsoever.
(c) Any person who shall add to or mix with any beer or wine as defined in this subchapter any alcoholic or any other liquid, any alcohol cube or cubes, or any other ingredient or ingredients that will increase or tend to increase the alcoholic content or who shall knowingly offer any such liquor for sale shall be guilty of a violation and shall be fined in any sum not less than one hundred dollars ($100).
(d)(1) It shall be unlawful for a licensee or for any agent, servant, or employee of a licensee:
(A)(i) To suffer or permit any dice to be thrown for money or for anything of value or to suffer or permit gambling with cards, dominoes, raffle, or other games of chance or any form of gambling in the place designated by the license or in any booth, room, yard, garden, or other place appurtenant thereto.
(ii) Forms of gambling under subdivision (d)(1)(A)(i) of this section
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-5-221
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 3-5-221. This identifies an authority to review, not proof of applicability.