Section 1.12
"Native Beverage" means brandy manufactured in
the State of Arkansas from the juices of grapes, berries and other fruits or
vegetables grown in the State of Arkansas,
Section 1.19(4)
Small Farm Wine
Retail Off Premises Permit authorizes the Hale of small farm
wines for consumption off the premises described in the permit;
Section 1.19(6)
Small Farm Wine
Wholesale Permit authorizes the purchase of small farm wine
from a licensed manufacturer and the sale thereof to persons holding permits to
sell small farm wine for consumption on or off the promises;
Section 1.19(7)
Small Farm Wine
Manufacturer For Sale Permit
authorizes the sale of small farm wine to persona holding a wholesale
wine or small arm retail wine permit, or the sale of small farm wine to the
consumer sold upon the premises of the winery. In addition, the winery may sell
wine by the glass.
It is further provided that such on premises and off premises sales may
occur on any day of the week. On Monday through Friday, wine may not be sold at
a winery for either on premises or off premises consumption before 7:00 a.m. or
after 1:00 a.m. the next day. On Saturday, the winery may not sell wine as set
out above before 7:00 a.m. or after 12:00 midnight Saturday night. On a Sunday,
the winery may sell wine as set forth above to consumers between the hours of
12:00 p.m. and 10:00 p.m., or within such lesser period as may be provided by
an ordinance by any city or county where the winery is located;
Section 1.19(36)
Sampling Permit authorizes a retail liquor store
to serve at no charge to the customer, servings of alcoholic beverages, as
authorised by a permit, for on premises consumption at the retail Jiquor store.
Samples may only be offered during the regular hours of operation of liquor
stores. If authorized by the permit, wine samples shall be limited to a total
of three samples not to exceed one-half ounce (0.5 oz.) per sample per customer
each day. No more than two (2) two ounce (2 oz.) beer servings
may be offered to each customer per day, authorized by the permit and no more
than two (2) one-half ounce (0.5 oz.J samples of spirits may be served to each
customer per day if authorized by the permit obtained by the retail liquor
store.
Section 1.19(37)
Post Exchange Package Permit authorizes the sale
of alcoholic beverages at a post exchange facility located upon property owned
by the State of Arkansas and operated by the Military Department of
Arkansas.
Section 1.19(38)
Brandy Distilling Permit authorizes distilling
brandy or spirituous liquors for use in fortifying of wines manufactured from
the juices of grapes, berries, and other fruits or vegetables grown in
Arkansas.
Section 1.19f39)
Native Brandy Permit authorizes the manufacture
and sale of brandy, cordials or other distillates or component parts thereof
manufactured solely from agricultural or horticultural products produced in
Arkansas.
Section 1.19(40)
Native Beer Permit authorizes the permit holder
to operate a small brewery or a microbrewery - restaurant in the manner
provided for by Act 1805 of 2003.
Section
1.20(18) Any person, corporation, or business entity making
application to replace an existing permittee shall submit with the application
a replacement notice from the current permit holder authorizing the replacement
applicant to operate under the authority of the currently valid permits) while
the replacement application is pending before the agency. The replacement
authorization must be on the form provided to the applicant by the Alcoholic
Beverage Control Division. In no event shall the current permit holder be
allowed to withdraw the replacement notice of authorization once the
replacement application has been accepted by the agency for processing. Once
the replacement application has been acted on by final agency decision, the
replacement notice expires and may not be used for subsequent
applications.
Section 1.22-1
Temporary Beer Permit. Temporary beer permits for
the sale of beer at functions sponsored by or for the benefit of non-profit or
charitable organizations may be issued for a period of time not to exceed five
(5) consecutive days. Applications for such permit shall meet the requirements
as established by the Director and set out in the application and attachments
thereto. The fee for such permit shall be forty dollars ($40,00), The Director
shall determine whether an application meets the established requirements and
whether the function for which the permit is applied is non-profit or
charitable in nature and purpose. Those requirements shall include but not be
limited to:
(1) The location of the event must
be in an area which has voted for the sale of intoxicating liquors;
and
(2) The application must be
received by the Alcoholic Beverage Control Division at least three (3) weeks
prior to the event.
Any action by the Director in granting or denying such application is
appealable to the Alcoholic Beverage Control Board pursuant to Section 1.51 of
these Regulations, provided that any such action on the part of the Director
shall be effective immediately without the requirement of such action being
ratified by the Alcoholic Beverage Control Board at the nest Board
meeting.
Section
1.22.2
Temporary Wine Permit.
Temporary wine permits for the sale of wine and light wine by single servings
for on premises consumption at functions sponsored by or for the benefit of
non-profit or charitable organizations may be issued for a period of time not
to exceed five [5) consecutive days. Applications for such permit shall meet
the requirements as established by the Director and set out in the application
and attachments thereto. The fee for such permit shall be fifty dollars
(S50.00). The Director shall determine whether or
not an
application meets the established requirements and whether or not the function
for which the permit is applied is non-profit or charitable in nature and
purpose. Those requirements shall include but not be limited to:
(1) The location of the event must be in an
area which has voted for the sale of intoxicating liquors;
(2)
Repeated
8-20-97
(3) The
application must be received by the Alcoholic Beverage Control Division at
least three (3) weeks prior to the event.
Any action by the Director in granting or denying such application is
appealable to the Alcoholic Beverage Control Board pursuant to Section 1,51 of
these Regulations, provided that any such action on the part of the Director
shall be effective immediately without the requirement of such action being
ratified by the Alcoholic Beverage Control Board at the next Board
meeting.
Section
1.22.3
Temporary Spirits Permit.
Temporary permits for the sale of spirituous alcoholic beverages at functions
sponsored by or for the benefit of non-profit or charitable organizations may
be issued for a period of time not to exceed five (5} consecutive days. Such
permits allow the sale of any such alcoholic beverages authorized to be sold
pursuant to applicable local option election that otherwise meet the criteria
set forth herein. Applications for such permit shall meet the requirements as
established by the Director and set out in the application arid attachments
thereto. The fee for such permit shall be fifty dollars ($50.00). The Director
shall determine whether an application meets the established requirements and
whether the function for which the permit is applied is non-profit or
charitable in nature and purpose. Those requirements shall include but not be
limited to:
(1) The location of the event must
be in an area which has voted for on premises consumption of spirituous
beverages; and
(2) The application
must be received by the Alcoholic Beverage Control Division at least three (3)
weeks prior to the event.
Any action by the Director in granting or denying such application is
appealable to the Alcoholic Beverage Control Board pursuant to Section 1.51 of
these Regulations, provided that any such action on the part of the Director
shall be effective immediately without the requirement of such action being
ratified by the Alcoholic Beverage Control Board at the next Board
meeting.
Section
1.23
Publication of Notice That Application Has Been
Made for Permit.
After filing an application with the Director, the applicant shall
cause to be published at least once a week for two (2) consecutive weeks in a
legal newspaper of general circulation in the city in which the premises is
situated, or if the premises is not in a city, in a newspaper of general
circulation in the locality in which the business is to be conducted, a notice
that the applicant has applied for a permit to sell, manufacture or dispense
controlled beverages, as applicable. The notice shall be verified and shall
give the name of the applicant and the name and address or location of the
business, and shall state that the applicant is a resident of Arkansas, that he
has good moral character, that he has never been convicted of a felony or had a
permit revoked within the five (5) years preceding the date of notice.
Provided,that this requirement
shall not apply if the applicant holds a restaurant mixed drink permit and
subsequently makes application for a beer and/or wine permit only at the same
location. It is further provided that applicants for a retail
liquor permit or a private club permit shall be required to publish at least
once a week for four (4) consecutive weeks in a legal newspaper as described
above, per the authority of Act 735 of 2007.
Section 1.32.1
Applicant Must
Attend Educational Seminar. Any person who is applying for a
retail alcoholic beverage license or private club license must attend an
educational seminar offered by the Alcoholic Beverage Control Division,
Attendance at the seminar by the applicant shall be required prior to any
action on the application by the Director, Provided,
that such attendance is not required by those applicants who
have held a permit prior to the initial adoption of Section L32.1 (8-17-S8J and
have continued to hold the permit to a point within twelve (12) months of
filing a new application.
Section
1.33(15)
Drive Up Windows Prohibited at Off Premises
Retail Beer and Small Farm Wine Permitted Outlets - Exception.
Drive up windows are prohibited at off premises retail beer and small farm wine
permitted outlets, except for such outlets that also hold a retail liquor off
premises permit. Provided, that those off
premises permitted outlets with health department approved kitchen facilities
that prepare food on premises for off and/or on premises consumption may sell
food products and other convenience store items, except beer and small farm
wine, through drive up windows. Such permitted outlets must post a notice not
less than three inches by live inches (3" x 5"), clearly affixed to the drive
up window and clearly visible to patrons thereof, stating "NO ALCOHOLIC
BEVERAGES SOLD THROUGH THIS DRIVE UP WINDOW". The same notice must also
be posted on the interior of the permitted outlet so as to be clearly visible
to employees selling items, other than beer and small farm wine, through the
drive up window. Provided, those establishments,
subject to this regulation, having an established and recognized history with
this agency of operating a drive up window not in compliance with this
Regulation will be considered as "Grandfathered"
in and allowed to continue to operate in accordance with such established
history.
Section 1.79(25)
Employing a Convicted Felon. The holder of any
permit issued by this agency had in employment during any hours the outlet was
open for business in any capacity a convicted felon whose felony conviction has
not been pardoned or record not expunged whose duties include the sale,
service, or dispensing of alcoholic heverages, the control of crowds or
entrance to the permitted premises, or the management of the business or
activities of the outlet; such prohibited employment shall include but not be
limited to managers, bartenders, waiters/waitresses, bouncers, door persons,
and cashiers. Provided, that those convicted
felons whose felony conviction does not involve bodily harm or the threat
thereof to another person or the use of a weapon, as such is defined in Section
1.79(33) of these Regulations, may be employed in an Alcoholic Beverage Control
permitted outlet;
Section 2.12
Manufacturer to Sell Only to Wholesalers; Exception for
Small Farm Wine and Brandy. Any person
manufacturing controlled beverages under any alcoholic beverage control law of
the State of Arkansas shall sell such controlled beverages only to persons
holding a permit to sell such controlled beverages at wholesale.
Provided, that manufacturers of small farm brandy
may also sell to consumers in accordance with the laws and Regulations
applicable to such permits.
Section
2.16(10)
Wholesalers to Register Brands of
Controlled Beverages; Manufacturers and Wholesalers Not to Change Brands
Without Approval of Director The terms, conditions and
requirements of this Regulation are hereby expressly made a part of the terms
of and as conditions to the approval granted by the Arkansas Alcoholic Beverage
Control Division to distillers, manufacturers, importers or producers to do
business in the state and by the application for, the acceptance of, or the
conduct of business under any such approval, a distiller, manufacturer,
importer or producer consents and agrees to comply with the terms, conditions
and requirements of this Regulation. This Regulation does not apply to
manufacturers or wholesalers of small farm wine.
Section 2.28(12)
Wholesalers
May Pay for Advertising Devices in Certain Retail Outlets.
Wholesale beer permittees shall be allowed to pay for certain advertising
devices used at government owned facilities which are issued a large attendance
facility permit as long as the permitted facility is located in a county which
has a population of more than one hundred fifty five thousand (155,000) people
according to the most recent federal census. Such advertising devices shall
include items such as inside or outside signs, scoreboards, programs,
scorecards, and the like. However, payment for the advertising devices cannot
result in the formation or existence of an exclusive buying arrangement between
the large attendance facility permittee and the wholesaler who furnishes such
advertising items;
Section 2.28(15)
Professional Sports Teams Allowed Sponsorship. A
large attendance facility permitted establishment owned or operated by an owner
of a professional sports team franchised by the National Association of
Professional Baseball Leagues within a county that has a population of more
than one hundred fifty-five thousand (155,000), according to the most recent
federal census, may accept sponsorship funds, advertising items or promotional
items from licensed beer wholesalers. The furnishing of the sponsorship funds,
advertising or promotional items may not result in the formation or existence
of an exclusive buying arrangement between the large attendance facility
permittee and the wholesaler who furnishes the sponsorship funds, advertising
items or promotional items.
Section
2.70
'Small Farm Winery" means a
wine-making establishment that does not produce for sale more than two hundred
fifty thousand (250,000) gallons of wine, the alcoholic content of which is not
less than one-half of one percent (0.5%) and which does not exceed twenty-one
percent (21%) by weight, per calendar year, as reported on the federal tax
report form TTB 5120-17, as it existed on January 1, 2007.
Section 2.71
'Small Farm Wine
Grocery Store" means an establishment that has more than fifty
thousand dollars ($50,000) of inventory of human consumable items. The
applicant must prove the inventory requirement to apply for the small farm wine
retail permit. The establishment must be of such a nature and size that it
offers a full range of typical grocery store items including, but not limited
to, fresh produce, fresh meat, laundry detergents, frozen foods, dairy
products, breads and other such items. The above list is not all inclusive.
Section 2.72
"Small
Farm Wine Convenience Store" means an establishment which sells
a combination of motor fuel products and human consumable food. The convenience
store must prove, in order to apply For the Small Farm Wine retail permit for
convenience stores, that it has in inventory at least seven thousand five
hundred dollars ($7,500) worth of human consumable food items.
Section 2.73
Small Farm Winery
may Bottle and Sell Wines Produced by Another Permitted Small Farm
Winery. Under the provisions of Act 668 of 2007, a small farm
winery permit authorizes the permittee to manufacture and bottle wines produced
by that small farm winery. In addition, a small farm winery permit authorizes
the holder of that permit to bottle and sell wines produced by another small
farm winery. In order for a small farm winery to bottle and sell another small
farm winery's products, both the selling winery and the buying winery must be
small farm winery permit holders as defined in Act 668 of 2007.
Section 2.74
Product Source for
Small Farm Wine. Small farm wine means wine made from grapes,
berries, other fruits, honey or vegetables. Small farm wine includes
mead.
Section 3.1
-
General The Regulations under this Title apply to all permits issued by
the authority of the Alcoholic Beverage Control Division of the State of
Arkansas Lo sell controlled beverages at retail. These Regulations should be
regarded as being supplementary to, and not in replacement of, the code
provisions of this State relating to the matters covered by this Title. In
addition to these Regulations, other Regulations applicable to the matters
covered by this Title may be found under Title 1 of these Regulations, under
Title 4 of these Regulations in regard to hotel and motel, and restaurant
permits, and under Title 2 of these Regulations in regard to
the transportation of native Arkansas beverages.
Section 3.19(1)C.
Gambling on
Premises* Permitted gambling or games of chance or kept any
gambling device, machine or apparatus upon the permitted premises.
Provided, any establishment licensed under the
authority of Act 132 of 1969, as amended, (e,g, hotel-motel mixed drink,
restaurant mixed drink, private club & large attendance facility) shall be
allowed to have certain gambling machines or devices on its property in
conformance with Act 1170 of 2005. Gambling devices or machines may only be on
the property of a premises described above if the gambling machines or devices
are being used by a non-profit organization that is described in the Act. Any
non-profit organization desiring to use gambling machines on a permitted
premises must register the event with the Alcoholic Beverage Control Division
at least sixty {60) days before the event. The games used at the event may not
use money but may use some form of play money. No cash or other item of value
may be won or awarded as a prize. This proviso shall only be available for one
event during a calendar year by any specific non-profit qualified organization.
No permitted premises shall be allowed to host more than ten (10] such events
per calendar year under authority of this law. Provided
further, that games of bingo and raffles are not considered
gambling when conducted at those permitted outlets which have obtained an
authorized organization license from the Department of Finance and
Administration to conduct games of bingo and raffles, pursuant to Act 388 of
2007. A violation of any provision of Act 388 of 2007 subjects the permitted
outlet to the full range of administrative sanctions that may be levied by the
Alcoholic Beverage Control Division;
Section
3.19(2)
Samples Prohibited. The
permittee or any agent, servant or Employee of the permittee accepted from any
person or sold or gave to any person any samples, either in unbroken packages,
partial packages, or by the drink; this provision is applicable to private
clubs, and all holders of retail permits.
Provided, retail liquor stores may offer samples
of intoxicating liquors of all kinds pursuant to permit as authorized by Act
455 of 2007. Provided further, that holders of
large attendance facility permits in which parimutuel wagering has been
authorized by law may offer samples of alcoholic beverages by the drink to
patrons who are in that area of the permitted facility where games of skill are
housed. All such samples offered shall be subject to the gross receipts and use
taxes as a withdrawal from stock and shall be paid by the permit holder in the
manner prescribed by law.
Section
3.19
Prohibited Conduct and Activities; Grounds for
Suspension or Revocation of Retail Permit. In addition to the
violation or failure to comply with any of these Regulations or any alcoholic
beverage control law of the State of Arkansas, a permit to sell or dispense
controlled beverages at retail may be cancelled, suspended or revoked or
assessed a monetary fine for any of the following prohibited activities
committed by the permittee or any employee, agent or servant of the permittee:
(3)
Closing
Hours. The permittee or any agent, servant or employee of the
permittee sold, offered for sale, dispensed, gave away or allowed the
consumption of any controlled beverages at any time prohibited by law,
including the following:
A. Sundays, Mondays
between 12:00 a.m. and 1:00 a.m., or on any other days between the hours of
1:00 am, and 7:00 a.m.
Provided, that this Regulation shall not
conflict with the ordinance of any city or town. In addition, the governing
body of any city or town may fix later closing hours for the permitted premises
of a hotel or restaurant which in no event shall be later than two (2) hours
after midnight
on Saturday night. [Amended 7-19-95 )
It is further provided that any establishment which has a Sunday
alcoholic beverage permit as authorized by law shall be able to sell alcoholic
beverages and allow the possession and consumption thereof on a Sunday between
the hours of 12:00 noon and 10:00 p,m,f or within a
lesser period of time as authorized by cityT or
county ordinance. It is further provided that if a city or county has held an
election under the provisions of Act 857 of 1999, legalizing the sale of
alcoholic beverages on a Sunday by all permittees located
within their jurisdiction, then such retail sales shall be lawful between the
hours of 12:00 noon and 10:00 p.m., or within a lesser period of time as
authorized by city or county ordinance, [Amended 8-18-99 }
It is further provided that when Sunday falls on December
31st of any year, such Sunday alcoholic beverage
permit holder, or any on premises consumption permit holder in an area that has
opted for the sale of alcoholic beverages on Sunday, may sell alcoholic
beverages for on premises consumption between the hours of 12:00 noon on Sunday
and 2:00 a.m. on the following Monday unless the city or county establishes by
ordinance a lesser period of time in which alcoholic beverages may be sold for
on premises consumption by restaurants and hotels on New Year's Eve; (Amended
8-15-01 )
B. Christmas
Day;
C.
Deleted
12-15-89
D. Under
the provisions of Act 305 of 1999, if a permittee is cited by a local
jurisdiction for operating during hours prohibited by local city ordinance or
by local county quorum court ordinance, and if such hours of operation for
which the permittee is cited arc more restrictive than the general hours of
operations established by the Alcoholic Beverage Control Division or by the
Arkansas General Assembly for a retail or private club permit, then such
violation shall only be heard by a local court of competent jurisdiction and
such violation shall not be considered to be an administrative violation
against the permit issued by the Alcoholic Beverage Control Division; (Adopted
8-18-99 }
E. Post Exchange Liquor
Store permits may sell alcoholic beverages seven days per week to those
customers that may purchase from such facilities. The post exchange package
store may operate on the same hours as those established for military service
clubs pursuant to ACA
3-4-706.
(Adopted 8-17-05 )0
F. Any large
attendance facility permit issued under the authority of ACA §
3-9-202 (8}(B) in
which parimutuel wagering has been authorized and which has a current large
attendance facility permit for on premises consumption, may sell alcoholic
beverages on Sundays between the hours of 12:00 a.m. and 2:00 a,m, and on
Sundays between the hours of 12:00 noon and 2:00 a.m. the following Monday, in
addition to other times authorized by law for selling alcoholic beverages for
consumption on the premises.
Section 3.19(10)
Employment of
Certain Persons Prohibited.
A.
A Person Convicted of Certain Laws.Any person in
the serving or mixing of controlled beverages, or in the dispensing of
alcoholic beverages, the control of crowds or entrance to the permitted
premises, or the management of the business or activities of the outlet who is
a convicted felon whose felony conviction has not been pardoned or record not
expunged. Provided, that those convicted felons
whose felony conviction does not involve bodily harm or the threat thereof to
another person or the use of a weapon, as such is defined in Section 1.79(33)
of these regulations, may be employed in an Alcoholic Beverage Control
permitted outlet.
Section
3.19
Prohibited Conduct and Activities; Grounds for
Suspension or Revocation of Retail Permit.
(10)
Employment of Certain
Persons Prohibited. The permittee knowingly had in his
employment any person who is not qualified by reason of these Regulations or by
reason of any alcoholic beverage control law of the State of Arkansas for the
position to which such person was employed, including but not limited to, any
of the following persons:
B.
Persons Under Twenty-One (21); Exceptions. Any
person less than twenty-one (21) years of age in the mixing, serving, selling
or handling of controlled beverages.
Provided,
that nothing in this Regulation shall prohibit a minor eighteen (IS) years of
age or older to be employed as a musician or entertainer or to be employed in
the preparation or serving of food or in the housekeeping department of any
establishment permitted by this Agency; and nothing in this Regulation shall
prohibit a minor eighteen (18) years of age or older, with the written consent
of a parent or guardian, to be employed in the sale of beer and small farm wine
at retail grocery establishments, nor from being employed by permitted liquor
and beer wholesalers and by permitted small farm wineries to handle alcoholic
beverages at the place of business of the permitted wholesaler or winery; and
further, nothing in this Regulation shall prohibit a minor of any age to be
employed as an entertainer when the minor and his parent or guardian perform
together as part of the same show and the parent or guardian remains with the
minor in a supervisory capacity.
For purposes of this Regulation, retail grocery establishments shall
not include those establishments engaged in the sale of motor fuels which do
not maintain an inventory of human consumables (not including alcoholic
beverage products) in an amount in excess of fifty thousand dollars ($50,000).
The burden of providing this inventory requirement shall be on the
permittee.
In accordance with Act 1807 of 2003, any person or organization which
holds a public restaurant mixed drink permit, a public hotel-motel-restaurant
mixed drink permit, a restaurant wine permit or a Sunday beverage permit, may
employ persons 19 years of age or older, who have the written consent of a
parent or guardian, to sell and handle alcoholic beverages.
Provided, that persons 19 years of age and older
may not act as bartenders but they may otherwise open bottles of wine and beer
and serve the alcoholic beverages and take payment for the
same.
(13)
Sellers of Keg of Beer and Malt Liquor to Require Registration
Statements to be Signed by Purchasers; Sellers of Kegs of Matt Beverage
Products to Affix Identification Label to Keg; Sellers Required to Collect
Registration Deposit; Conditions for Return of Registration Depositor
Forfeiture of Registration Deposit; Violation for Failure to Report Forfeitures
of Registration Deposits. Under the provisions of Act 254 of
2007, all retail sellers of kegs of beer and malt liquor products are required
to attach an identification label to the keg of malt beverage product, to have
their customers sign certain statements, and to collect a registration deposit
on each keg delivered to the customer. The sellers are also required to return
the registration deposit in certain circumstances and to require a forfeiture
of the registration deposit under other circumstances as described in the law.
This regulation will be applicable to persons who hold a permit to sell beer
for off premises consumption under the provisions of Sections 1.19(1), 1.19(2),
1.19(18), 1.19(27), and 1.19(34). A keg as defined in the law means any vessel,
constructed of any material, which has a liquid capacity of more than five
gallons (5 gals,). Off premises is defined in the law to mean a place other
than the licensed retailer who is selling the keg described. Provided, no keg
registration statement will be required when the retailer is selling the keg of
malt beverage product to a licensed private club permittee for dispensing at
the private club property.
A. All retailers
that sell a keg of malt beverage product for off premises consumption are
required to attach an identification label or tag approved by the Alcoholic
Beverage Control Division to the keg prior to the time of sale.
1. The identification label or tag shall
consist of a paper within a clear protective coating LhaL is composed of either
plastic, metal or other durable material that may not be easily damaged or
destroyed,
2. The paper shall be of
a kind which allows the information to be copied and retained by the retail
dealer.
3. identification labels
used may contain a nor.-permanent adhesive material in order to apply the label
directly to the outside service of the keg at the time of sale. Otherwise, the
identification tag shall be attached at the time of sale with nylon ties, or
cording, wire ties or other tag metal attachment devices or some other durable
means of tying or attaching the identification tag to the keg. The
identification label or tag shall be perforated and of a composition and so
designed and affixed that it will not mar or otherwise physically damage the
keg. The tag must be of a design that allows for the full removal of the tag
when common external cleaning procedures are performed at retail.
4. The identification tag or label shall
include the following Information:
a. The name
and address of the retail dealer making the sale.
b. The name of the purchaser.
c. An identification number assigned by the
retail dealer that uniquely identifies that particular keg of malt beverage
product.
d. Prior to the retail
sale of the keg of malt beverage product, the retail dealer shall require the
purchaser to sign a statement furnished by the Director of the Alcoholic
Beverage Control Division.
B. The retail dealer shall also record the
following information and retain it as part of their records:
1. The name and address of the
purchaser,
2. The identification
card or driver's license number from the purchaser's acceptable documentation
of age.
3. The amount of the
container deposit of not less than seventy-five dollars ($75.00).
4. The date and time of the
purchase.
5. The keg identification
number that was created by the retailer making the sale.
6. All records and statements required under
this law shall be maintained by the retail dealer for a period of ninety (90)
days from the dale of the return of the keg. In the event that a keg is not
returned as required by law and a forfeiture occurs, the records and statements
required under this law and regulation shall be maintained by the retailer
dealer for a period of ninety (90} days after the declared dale of forfeiture.
a. The records and statements required by the
Keg Registration Law shall remain open to inspection by agents of the ABC
Enforcement Division and law enforcement officers during the retail dealer's
normal business hours.
C. The retail dealer shall notify the
Director of the Alcoholic Beverage
Control Enforcement Division that a forfeiture has occurred. The retail
dealer shall forward to the Alcoholic Beverage Control Division its $25.00
portion of the forfeited container deposit. The retail dealer shall indicate on
a form furnished by the ABC Division, within ten (10) days of the date of
forfeiture, the reason why the container deposit has been forfeited, including
but not limited to the following reasons:
1. The keg was not returned;
2. The keg was returned more than one hundred
twenty (120] days after purchase;
3. The identification label or tag was
removed; or
4. The identification
label or tag was damaged.
Any retail dealer that fails to notify the Director of the ABC
Enforcement Division or forward to the ABC Division its share of the forfeited
container deposit within ten (10) days of the forfeiture of each container
deposit is guilty of a violation of Act 254 of 2007 and is also guilty of a
Class B violation against their permit as is provided in ACA
3-4-402.
Any Arkansas brewery or microbrewery-restaurant operation that sells
for off premises consumption, as described above, shall be required to engage
in the keg registration process on the same basis as any other retailer of keg
malt beverage products.
Section 4.3
"Alcoholic
Beverages'' means all intoxicating liquors of any sort other
than beer and wine.
Section 6.6
Small Farm Wineries and Liquor Wholesalers May be Authorized to
Distribute Free Wine Samples in Any Area of the State. Any
small farm winery or Arkansas liquor wholesaler licensed by the Alcoholic
Beverage Control Division may petition the Alcoholic Beverage Control Division
for permission to conduct a wine tasting event for educational and promotional
purposes in any area of the State, including areas in which the retail sale of
alcoholic beverages is not authorized by Law.
Application for permission to distribute wine samples must be received
by the Alcoholic Beverage Control Division at least three (3) weeks prior to
the event. Written notice of the application shall be mailed by the Alcoholic
Beverage Control Division to the law enforcement officer who has primary
jurisdiction over the site where the event will be held. If the Director finds
that circumstances exist which precluded the timely tiling of the application
with the Alcoholic Beverage Control Division, written approval of the event by
the law enforcement officer having primary jurisdiction over the site of the
event must accompany any such late filed application received by the Alcoholic
Beverage Control Division.
The request must be submitted with authorization from the landowner or
the party exercising legal control over the area where the event will be held.
The application for permission must describe the area where the event will be
held, including the size and dimensions of the area, and the request must
clearly describe the character of the location. No wine tasting event shall be
held in any facility already licensed by the Alcoholic Beverage Control
Division.
As used in this Regulation wine means any product made from grapes,
fruits, berries, or other similar products which contains more than one-half of
one percent (0.5%) alcohol by weight but which does not contain more than
fourteen percent (14%) alcohol by weight, regardless of the location of the
manufacturer. Samples may be distributed Monday through Friday between the
hours of 7:00 a.m. and 1:00 a.m. of the next day. On a Saturday, samples may be
distributed only between the hours of 7:00 a.m. and 12:00 midnight. No sampling
activity may take place on a Sunday unless the event is taking place in an area
which has voted for the sale of liquor by the drink on a Sunday and, in such
event, samples may be distributed between the hours of 12:00 noon and 10:00
p.m,, or such lesser period of time as may be provided by local ordinance for
the retail sale of alcoholic beverages on a Sunday.
Any action by the Director in granting or denying such application is
appealable to the Alcoholic Beverage Control Board pursuant to Section 1.51 of
these Regulations, provided that such action on the part of the Director shall
be effective immediately without the requirement of such action being ratified
by the Alcoholic Beverage Control Board at the next Board
meeting.
