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3-5-107. Unlawful pricing by brewers and manufacturers.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-5-107. Unlawful pricing by brewers and manufacturers.
(a) As used in this section, “discriminate” means the granting of a more favorable price, allowance, rebate, refund, commission, or discount to one (1) Arkansas distributor or wholesaler than to another Arkansas distributor or wholesaler.
(b) It is unlawful for:
(1) A brewer, manufacturer, or other person, firm, or corporation engaging in the business of selling beer, ale, or other malt beverage or malt cooler to a distributor or wholesaler to discriminate in price, allowance, rebate, refund, commission, or discount between distributors or wholesalers licensed in Arkansas; or
(2)(A) A brewer, manufacturer, or other person, firm, or corporation engaged in the business of selling beer, ale, or other malt beverage or malt cooler to a distributor or wholesaler to sell or deliver beer, ale, or other malt beverage or malt cooler to a licensed distributor or wholesaler unless the brewer, manufacturer, person, firm, or corporation files the brewery or dock price of the beer, ale, or other malt beverage or malt cooler by brand and container size with the Director of the Alcoholic Beverage Control Division.
(B) A brewery or dock price schedule increase shall not take effect until fourteen (14) days after receipt of the brewery or dock price schedule by the director.
(C) A brewery or dock price schedule decrease shall not take effect until two (2) days after receipt of the brewery or dock price schedule by the director.
(c) A violation of this section by a brewer, manufacturer, or other person, firm, or corporation engaging in the business of selling beer, ale, or other malt beverage or malt cooler to a distributor or wholesaler is grounds for denial or suspension of the license of the brewer, manufacturer, or o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-5-107
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:3-5-107
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c4be10ed43b4968adccfa9835829f1577ada77282cc3f2d23c26732904c7cc9d
Source location: content.xml paragraph 3150
Stored source content
3-5-107. Unlawful pricing by brewers and manufacturers.
(a) As used in this section, “discriminate” means the granting of a more favorable price, allowance, rebate, refund, commission, or discount to one (1) Arkansas distributor or wholesaler than to another Arkansas distributor or wholesaler.
(b) It is unlawful for:
(1) A brewer, manufacturer, or other person, firm, or corporation engaging in the business of selling beer, ale, or other malt beverage or malt cooler to a distributor or wholesaler to discriminate in price, allowance, rebate, refund, commission, or discount between distributors or wholesalers licensed in Arkansas; or
(2)(A) A brewer, manufacturer, or other person, firm, or corporation engaged in the business of selling beer, ale, or other malt beverage or malt cooler to a distributor or wholesaler to sell or deliver beer, ale, or other malt beverage or malt cooler to a licensed distributor or wholesaler unless the brewer, manufacturer, person, firm, or corporation files the brewery or dock price of the beer, ale, or other malt beverage or malt cooler by brand and container size with the Director of the Alcoholic Beverage Control Division.
(B) A brewery or dock price schedule increase shall not take effect until fourteen (14) days after receipt of the brewery or dock price schedule by the director.
(C) A brewery or dock price schedule decrease shall not take effect until two (2) days after receipt of the brewery or dock price schedule by the director.
(c) A violation of this section by a brewer, manufacturer, or other person, firm, or corporation engaging in the business of selling beer, ale, or other malt beverage or malt cooler to a distributor or wholesaler is grounds for denial or suspension of the license of the brewer, manufacturer, or other person, firm, or corporation engaging in the business of selling beer, ale, or other malt beverage or malt cooler to a distributor or wholesaler or other penalties as determined by the director under § 3-2-212.
(d) The director shall adopt rules to implement this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
3-2-212. Denial, suspension, or revocation of licenses — Proceedings before division.
(a) All proceedings for the suspension and revocation of licenses shall be before the Director of the Alcoholic Beverage Control Division.
(b) The proceedings shall be in accordance with rules established by the director and not inconsistent with law.
(c) No license shall be revoked except after a hearing by the director with reasonable notice to the licensee and an opportunity to appear and defend.
(d) However, the director shall not be bound by the legal rules of evidence in conducting hearings and in making his or her decisions and may take into consideration any testimony, papers, or documents which he or she may deem relevant to the issue.
(e)(1) Whenever the director shall refuse an application for any license or shall suspend or revoke any license, he or she shall prepare an order so providing which shall be signed by the director or some person designated by him or her, and the seal of the director shall be affixed thereto.
(2) The order shall be mailed by registered mail by the director to the applicant at the address as shown on the application or to the licensee at the address of the premises licensed, as the case may be.
(3) The order shall be final and binding on all parties until the order has been appealed as provided for in § 3-2-213 and a decision has been rendered by the Alcoholic Beverage Control Board.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-2-212
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 3-2-212. This identifies an authority to review, not proof of applicability.