Browse Arkansas Code titles and sections
3-5-1305. Prohibited actions.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-5-1305. Prohibited actions.
No holder of a nonresident seller's permit or wholesaler support center permit nor any officer, director, agent, or employee of the holder nor any affiliate of the holder, regardless of whether the affiliation is corporate or by management, direction, or control, may do any of the following:
(1) Fail to make or file a report with the Alcoholic Beverage Control Division as required by rules of the division;
(2) Advertise any beer or malt contrary to the laws of this state or to the rules of the division or sell beer or malt for resale in this state in violation of advertising or labeling rules of the division;
(3) Sell beer or malt for resale inside this state or cause it to be brought into this state in a size of container prohibited by this subchapter or by a rule of the division;
(4) Solicit or take orders for beer or malt from a person not authorized to import beer or malt into this state for the purpose of resale. Provided, however, a nonresident beer seller permittee also holding a wholesaler support center permit may engage in those activities set forth in § 3-5-1304(b);
(5) Induce, persuade, or influence or attempt to induce, persuade, or influence a person to violate this subchapter or a rule of the division or conspire with a person to violate this subchapter or a rule of the division;
(6) Exercise a privilege granted by a nonresident seller's permit while an order or suspension against the permit is in effect;
(7) Take or fail to take any action that would cause any type of fixing of wholesale or retail prices in the state. Suggestion of wholesale or retail prices will not be considered to be a violation of this provision;
(8) Do any other act by a supplier in violation of § 3-5-1107;
(9) Hold any wholesaler's p
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-5-1305
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:3-5-1305
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d721e7c26466addeb68707d8667b54c98ca363f899897ecd217e859d17935faa
Source location: content.xml paragraph 4561
Stored source content
3-5-1305. Prohibited actions.
No holder of a nonresident seller's permit or wholesaler support center permit nor any officer, director, agent, or employee of the holder nor any affiliate of the holder, regardless of whether the affiliation is corporate or by management, direction, or control, may do any of the following:
(1) Fail to make or file a report with the Alcoholic Beverage Control Division as required by rules of the division;
(2) Advertise any beer or malt contrary to the laws of this state or to the rules of the division or sell beer or malt for resale in this state in violation of advertising or labeling rules of the division;
(3) Sell beer or malt for resale inside this state or cause it to be brought into this state in a size of container prohibited by this subchapter or by a rule of the division;
(4) Solicit or take orders for beer or malt from a person not authorized to import beer or malt into this state for the purpose of resale. Provided, however, a nonresident beer seller permittee also holding a wholesaler support center permit may engage in those activities set forth in § 3-5-1304(b);
(5) Induce, persuade, or influence or attempt to induce, persuade, or influence a person to violate this subchapter or a rule of the division or conspire with a person to violate this subchapter or a rule of the division;
(6) Exercise a privilege granted by a nonresident seller's permit while an order or suspension against the permit is in effect;
(7) Take or fail to take any action that would cause any type of fixing of wholesale or retail prices in the state. Suggestion of wholesale or retail prices will not be considered to be a violation of this provision;
(8) Do any other act by a supplier in violation of § 3-5-1107;
(9) Hold any wholesaler's permit under § 3-5-206; or
(10) Do any other act that violates any regulation adopted by the division.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-5-1107. Prohibited acts by supplier.
(a) A supplier shall not do the following:
(1) Fail to provide to each wholesaler of the supplier's brand or brands with a written agreement which contains, in total, the supplier's agreement with each wholesaler and designates a specific exclusive sales territory. Any agreement which is in existence on January 31, 1991, shall be renewed consistent with this subchapter, provided that this subchapter may be incorporated by reference in the agreement. Provided, however, nothing contained herein shall prevent a supplier from appointing, one (1) time for a period not to exceed ninety (90) days, a wholesaler to temporarily service a sales territory not designated to another wholesaler, until such time as a wholesaler is appointed by the supplier; and such wholesaler who is designated to service the sales territory during this period of temporary service shall not be in violation of this subchapter, and, with respect to the temporary service territory, shall not have any of the rights provided under §§ 3-5-1108 and 3-5-1111;
(2) Fix, maintain, or establish the price at which a wholesaler shall sell any beer;
(3) Enter into an additional agreement with any other wholesaler for, or to sell to any other wholesaler, the same brand or brands of beer in the same territory or any portion thereof, or to sell directly to any retailer in this state;
(4) Require any wholesaler to accept delivery of any beer or other commodity which has not been ordered by the wholesaler. Provided, however, a supplier may impose reasonable inventory requirements upon a wholesaler if the requirements are made in good faith and are generally applied to other similarly situated wholesalers who have an agreement with the supplier;
(5) Require any wholesaler
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-5-1107
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 3-5-1107. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-5-1304. Authorized transactions.
(a) The holder of a nonresident seller's permit is authorized to:
(1) Solicit and take orders for beer or malt from a wholesale dealer and distributor; and
(2) Ship or cause to be shipped into this state beer or malt in consummation of a sale made to a wholesale dealer or distributor.
(b) Any other provisions of this title notwithstanding, the holder of a wholesaler support center permit is also authorized to:
(1) Solicit and take orders for beer or malt from a wholesaler dealer and distributor;
(2) Ship or cause to be shipped into this state to the premises of the wholesaler support center non-tax paid beer or malt for storage and resale to a wholesale dealer or distributor within or without this state;
(3) Fill orders for beer or malt from in-state wholesale dealers or distributors provided that the receiving in-state wholesaler or distributor pays all applicable state taxes in the same manner as would apply had the wholesaler purchased from an out-of-state nonresident seller permit holder;
(4) Pay to or compensate a wholesaler or distributor for rented or leased space within the wholesaler's premises for the storage of beer or malt within the confines of the wholesaler support center; and
(5) Compensate a wholesaler or distributor for the loading, unloading and handling of beer or malt and for administrative and other expenses associated with operating the wholesaler support center on the wholesaler's premises.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-5-1304
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 3-5-1304. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-5-206. Issuance of state permit.
(a) The payment of the special tax provided in § 3-5-205 shall be evidenced by a permit issued by the Director of the Alcoholic Beverage Control Division.
(b) A permit shall be applied for by the special taxpayer and issued by the director on such forms and under such rules as may be prescribed.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-5-206
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 3-5-206. This identifies an authority to review, not proof of applicability.