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3-5-1710. Permits — Drawing — Issuance.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-5-1710. Permits — Drawing — Issuance.
(a)(1) Within sixty (60) days after April 3, 2017, the Alcoholic Beverage Control Board shall notify by mail all small farm wineries licensed under § 3-5-1602 and holding a small farm wine wholesale permit under § 3-5-1602(c)(1)(E) issued on or before April 15, 2017, that they are eligible for a small farm winery private-resident shipping permit if the winery produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year as shown on the winery's TTB F 5120-17.
(2) The board shall issue a small farm winery private-resident shipping permit to a small farm winery holding a small farm wine wholesale permit under § 3-5-1602(c)(1)(E) issued on or before April 15, 2017, upon receipt of the following:
(A) Proof that the winery produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year as shown on the winery's TTB F 5120-17; and
(B) Payment of a licensing fee of twenty-five dollars ($25.00).
(b)(1) In each subsequent year, the board may issue up to five (5) small farm winery private-resident shipping permits to small farm wineries licensed under § 3-5-1602 and holding a small farm wine wholesale permit under § 3-5-1602(c)(1)(E) issued after April 15, 2017, if the winery produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year as shown on the winery's TTB F 5120-17.
(2) The board shall notify the public at large by legal notice and internet posting that the board will accept applications for small farm winery private-resident shipping permits.
(3) The notice required under subdivision (b)(2) of this section shall include:
(A) The number of permits to be issued;
(B) The last date applica
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-5-1710
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:3-5-1710
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 768986600d6c8767be1ea555ef0d8b3f4af2b8683b922ed2029ccccc7ce50e5a
Source location: content.xml paragraph 5195
Stored source content
3-5-1710. Permits — Drawing — Issuance.
(a)(1) Within sixty (60) days after April 3, 2017, the Alcoholic Beverage Control Board shall notify by mail all small farm wineries licensed under § 3-5-1602 and holding a small farm wine wholesale permit under § 3-5-1602(c)(1)(E) issued on or before April 15, 2017, that they are eligible for a small farm winery private-resident shipping permit if the winery produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year as shown on the winery's TTB F 5120-17.
(2) The board shall issue a small farm winery private-resident shipping permit to a small farm winery holding a small farm wine wholesale permit under § 3-5-1602(c)(1)(E) issued on or before April 15, 2017, upon receipt of the following:
(A) Proof that the winery produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year as shown on the winery's TTB F 5120-17; and
(B) Payment of a licensing fee of twenty-five dollars ($25.00).
(b)(1) In each subsequent year, the board may issue up to five (5) small farm winery private-resident shipping permits to small farm wineries licensed under § 3-5-1602 and holding a small farm wine wholesale permit under § 3-5-1602(c)(1)(E) issued after April 15, 2017, if the winery produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year as shown on the winery's TTB F 5120-17.
(2) The board shall notify the public at large by legal notice and internet posting that the board will accept applications for small farm winery private-resident shipping permits.
(3) The notice required under subdivision (b)(2) of this section shall include:
(A) The number of permits to be issued;
(B) The last date applications will be accepted; and
(C) The date of a drawing to determine which applicants will be awarded a permit if the number of applicants exceeds the number of permits authorized by the board.
(4) The board shall not accept an application more than ninety (90) days after the date of publication of the notice required under subdivision (b)(2) of this section.
(5)(A) If the number of applicants for a permit exceeds the number of permits authorized by the board, the Director of the Alcoholic Beverage Control Division shall conduct a drawing not earlier than one hundred twenty (120) days after the publication of the notice specified in subdivision (b)(2) of this section, nor later than one hundred eighty (180) days after publication of the notice.
(B)(i) On the date of the drawing, each applicant for a permit or his or her agent shall draw a number between one (1) and a number equal to the number of permits to be granted of applications filed.
(ii) Position numbers shall not be transferred or assigned.
(6) Upon payment of a licensing fee of twenty-five dollars ($25.00), the director shall issue a permit to each eligible licensee that draws a number one (1) through the number authorized by the board for the drawing.
(c) A small farm winery shall renew its small farm winery private-resident shipping permit each year with the division by paying a renewal fee of twenty-five dollars ($25.00).
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Arkansas Code — all titles (historical 2020) · legal_authorities
3-5-1602. Licensing of small farm wineries.
(a) An in-state or out-of-state small farm winery may apply to the Alcoholic Beverage Control Board for a small farm winery license.
(b)(1) A small farm winery may be licensed by the board.
(2) The license shall:
(A) Show the registration number and location of the small farm winery;
(B) Show the name of the person that owns or operates the small farm winery; and
(C) Be conspicuously posted at the small farm winery.
(c)(1) The small farm winery license authorizes the licensee to perform the following functions without the small farm winery having to obtain a separate license:
(A) Manufacture wines and bottle wines produced by that small farm winery;
(B) Bottle wines produced by another small farm winery;
(C) Serve on the premises or at small farm winery off-premises retail sites complimentary samples of wine produced by the small farm winery or another licensed small farm winery, if the small farm winery or its off-premises retail site is located in a wet territory;
(D) Sell at retail by the drink or by the package wine produced on the premises of the small farm winery or produced by another small farm winery, if all sales occur in a wet territory and at:
(i) The small farm winery off-premises retail sites; or
(ii) Fairs and food and wine festivals, with the permission and the consent of the management of the events. A sales and use tax permit is also required;
(E)(i) Sell and transport wine produced on the premises of the small farm winery or of another small farm winery to wholesale and retail license holders and small farm winery license holders.
(ii) To exercise the privileges of subdivision (c)(1)(E)(i) of this section, the small farm winery shall obtain a wine wholesale permit or sell to a l
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-5-1602
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 3-5-1602. This identifies an authority to review, not proof of applicability.