The categories of permits under which controlled beverages may be sold and the controlled beverages which may be sold pursuant to those permits are as follows:
- (1) Beer on-premises permit authorizes the sale of beer or malt liquor containing less than five percent (5%) alcohol by weight for consumption on or off the premises described in the permit;
- (2) Beer off-premises permit authorizes the sale of beer or malt liquor containing less than five percent (5%) alcohol by weight for consumption off the premises described in the permit;
- (3) Beer wholesale permit authorizes the purchase of beer, malt liquor, or spirituous liquor beverages classified as ready-to-drink products containing spirituous liquor with a final finished product of no greater than fifteen percent (15%) alcohol by weight from a licensed manufacturer or importer and the sale thereof to persons holding permits to sell such products for consumption on or off the premises;
- (4) Small farm wine retail off-premises permit authorizes the sale of small farm wines for consumption off the premises described in the permit;
- (5) Wine restaurant on-premises permit authorizes the sale of wine and hard cider containing not more than twenty-one percent (21%) alcohol by weight for consumption on the premises of a restaurant;
- (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 premises;
(7)
- (A) Small farm wine manufacturer for sale permit authorizes the sale of small farm wine to persons holding a small farm wholesale wine or small farm retail wine permit or the sale of small farm wine to the consumer sold upon the premises of the winery.
- (B) In addition, the winery may sell wine by the glass.
- (C) It is further provided that such on-premises and off-premises sales may occur on any day of the week.
- (D) 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.
- (E) On Saturday, the winery may not sell wine as set out above before 7:00 a.m. or after 12:00 midnight Saturday night.
- (F) 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;
- (8) Wine Manufacturer For Home Use Permit [repealed];
(9)
- (A) Liquor off-premises permit authorizes the purchase of spirituous and vinous beverages from persons holding a wholesale liquor or a wholesale wine permit and the sale of such beverages to consumers for consumption off the premises.
- (B) Any holder of a liquor off-premises permit may also purchase malt liquors containing more than five percent (5%) alcohol by weight from either persons holding a beer wholesale permit or a liquor wholesale permit and sell such beverages to consumers for consumption off-premises;
- (10) Liquor on-premises consumption – hotel or motel permit authorizes the purchase of any controlled beverages from persons holding a wholesale permit and the sale of such beverages for consumption on the premises of the hotel or motel described in the permit;
- (11) Liquor on-premises consumption – restaurant permit authorizes the purchase of any controlled beverages from persons holding a wholesale permit and the sale of such beverages for consumption on the premises of the restaurant described in the permit;
- (12) Liquor on-premises consumption – private club permit authorizes the purchase of any controlled beverages from persons holding an off-premises retail liquor or beer permit who have been designated by the Director of the Alcoholic Beverage Control Division as a private club distributor and the dispensing of such beverages for consumption on the premises of the private club to members and guests only of the private club;
(13)
- (A) Liquor wholesale permit authorizes the purchase from licensed manufacturers or licensed importers of spirituous, vinous beverages, or malt liquor containing more than five percent (5%) alcohol by weight and the sale of such beverages to persons holding off-premises liquor permits, or hotel or motel, or restaurant permits.
- (B) Effective July 1, 2010, under the provisions of Acts 2009, No. 294, the holder of a wholesale liquor permit is also authorized to sell beer products as defined in the Arkansas Code under this same permit;
(14) Liquor manufacturer permit authorizes the manufacture of and the sale of spirituous, vinous, and malt liquor beverages under the following circumstances:
- (A) Sell, deliver, or transport to wholesalers;
- (B) Sell, deliver, or transport to rectifiers;
- (C) Export out of the state; and
- (D) Sell for off-premises consumption spirituous liquors the distiller or manufacturer manufactures on any day of the week;
- (15) Temporary beer permit authorizes the sale of beer containing less than five percent (5%) alcohol by weight for consumption on a defined premises as described in the permit application;
- (16) Sunday Alcoholic Beverage Permit [repealed];
- (17) Temporary wine permit authorizes the sale of wine as defined in Acts 1965, No. 120, as amended, and light wine (less than five percent (5%) alcohol by weight) for consumption on a defined premises as described in the permit;
- (18) Microbrewery-restaurant permit authorizes the operation of microbrewery-restaurants as provided in Arkansas Code § 3-5-1204;
- (19) Temporary expansion of permitted premises permit authorizes the sale of alcoholic beverages on property adjacent to the permitted premises of hotel or motel outlets with mixed drink permits;
- (20) Rectifying permit authorizes the rectifying, purifying, mixing, blending, or flavoring of spirituous liquors or the bottling, warehousing, or other handling or distribution of rectified distilled spirits;
(21)
- (A) Large attendance facility permit authorizes the sale of all types of alcoholic beverages by a facility which houses a convention center activity or tourism activity where such establishment has a seating capacity of not less than five hundred (500) people and which serves alcoholic beverages only on the premises on days that meals and food are served at one (1) or more places on the premises.
- (B) In addition, a large attendance facility permit may be issued to any facility which otherwise meets the definition of a large attendance facility and in which pari-mutuel wagering has been authorized by law.
- (C) Such permits for pari-mutuel facilities may only be issued in cities of the first class in which the sale of alcoholic beverages is authorized by law;
- (22) Temporary spirits permit authorizes the sale of spirituous beverages for consumption on a defined premises as described in the permit;
(23)
- (A) Satellite catering permit authorizes any restaurant, hotel, or motel which has a mixed drink permit to serve their alcoholic beverages at any place that is licensed by the Alcoholic Beverage Control Division as a large attendance facility (LAF).
- (B) Service by the hotel, motel, or restaurant permittee may occur only pursuant to written permission from the LAF permittee with written notice being given to the division not less than two (2) working days prior to such use of the LAF.
- (C) Written permission shall not be granted for a period of more than five (5) days at a time;
(24)
- (A) Pari-mutuel mixed drink permit authorizes any restaurant as defined by Arkansas Code § 3-9-202(16)(A) to apply for a permit to sell mixed drinks in any county where pari-mutuel wagering has been authorized by law.
- (B) Such permits are only allowed in cities of the first class in which the sale of alcoholic beverages is authorized by law.
- (C) The seating capacity of any such restaurant must be at least one hundred (100) seats;
(25)
- (A) Nonresident beer seller’s permit authorizes an out-of-state manufacturer or supplier of beer and malt liquor products to sell those beverages to Arkansas wholesalers.
- (B) Arkansas wholesalers may only purchase beer and malt liquor supplies from a person who holds a nonresident beer seller’s permit.
- (C) Said permit is required whether the sale is consummated inside or outside the State of Arkansas;
(26)
- (A) Military service club mixed drink permit authorizes the sale of alcoholic beverages by the drink on the same basis as the liquor on-premises consumption restaurant permit and the permit may be issued to service clubs on military reservations owned or controlled by the State of Arkansas.
- (B) The food service requirements for restaurant mixed drink permits shall not apply and the hours of operation for such military service clubs shall be the same as for new private clubs licensed by the division;
(27)
- (A) Microbrewery-restaurant distribution permit authorizes a microbrewery-restaurant licensee to sell beer or malt liquors, hard cider, or ready-to-drink product of its own manufacture to a wholesale dealer for the purposes of resale to retail licensees in Arkansas under the three-tier system of distribution.
- (B) The total aggregate brewing limitation for a microbrewery-restaurant shall be in the amount of forty-five thousand (45,000) barrels per calendar year.
- (C) In addition, any holder of a microbrewery-restaurant distribution permit may transport and ship its beer and malt liquor by appropriate means for delivery outside the State of Arkansas to business entities licensed and qualified to accept such products in their respective states.
- (D) “Ready-to-drink product” means a product containing spirituous liquor with a final finished product of no greater than fifteen percent (15%) alcohol by weight;
(28)
- (A) Wholesaler support center permit authorizes the holder of a nonresident beer seller’s permit to store and distribute beer or malt liquor from a wholesale warehouse located in the state.
- (B) The beer or malt liquor may then be shipped to Arkansas wholesalers or wholesalers located in other states as directed by the holder of the license;
(29)
- (A) Beer manufacturing permit authorizes a beer manufacturer to manufacture beer products not in excess of five percent (5%) alcohol by weight for the purpose of resale to Arkansas licensed beer wholesalers or to wholesalers outside the State of Arkansas, where lawful, and to also sell the beer for either on-premises consumption or off-premises consumption at the brewery.
- (B) Any Arkansas beer manufacturer that desires to sell beer for off-premises consumption to the consumer may sell beer to the consumer Monday through Saturday at the brewery in lots of less than sixteen (16) gallons.
- (C) Any Arkansas beer brewery that desires to sell beer for on-premises consumption at the brewery shall provide certain minimal food service at the brewery tasting room or other facility where beer is sold to the consumer for on-premises consumption.
- (D) When beer is sold at retail for on-premises consumption, certain foods identified with the consumption of beer products which are defined to include, at a minimum, items such as hot or cold sandwiches, cheese and crackers, or other types of finger food items must be offered for sale.
- (E) In addition, the brewery shall provide tours through the brewery facilities on any date that the brewery is engaged in retail sales operations.
- (F) It is further provided that no open container of beer product, whether sold for on or off-premises consumption, shall be removed from the brewery premises;
- (30) Wine on-premises permit authorizes the sale of wine containing not more than twenty-one percent (21%) alcohol by weight for consumption on the premises;
(31)
- (A) Beer festival permit authorizes the sale, on a temporary basis not to exceed three (3) days, of beer and malt and hard cider on festival grounds described in the permit application.
- (B) Any legal brewery, microbrewery-restaurant, distributor, wholesaler, brewpub, small brewery, hard cider manufacturer, or small brewery tap room, whether or not registered with the division or located in the State of Arkansas, may participate in the event.
- (C) 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;
(32)
- (A) Off-premises caterer’s permit authorizes an off-premises caterer, as licensed under Acts 1999, No. 1170, to serve and sell alcoholic beverages at private parties and at other private functions to which the off-premises caterer transports foods and beverages from the permitted premises to the premises where the private function is being held.
- (B) The off-premises caterer’s permittee purchases alcoholic beverages from a retail liquor outlet for resale to the person holding or sponsoring the catered function.
- (C) Catered functions may only occur under the provisions of this permit in areas of the state where the sale of alcoholic beverages is lawful;
- (33) Bed and breakfast private club permit authorizes a corporation, partnership, individual, or limited liability company whose primary function is to provide overnight accommodations to the public not exceeding a total of twenty (20) guest rooms on the premises, whether operated by the business owner or not, where the owner or a person representing the owner lives on the premises, and where a breakfast meal is served to the lodging guests and where there is no restaurant on the premises open to the public except for the lodging guests, to serve beer and wine only to registered guests at the establishment;
- (34) Small brewery license authorizes the operation of a small brewery where malt beverage products and hard ciders are manufactured in certain limited quantities as provided in Arkansas Code § 3-5-1405;
(35)
- (A) Wine charitable auction permit authorizes qualified temporary permittees to sell sealed bottles of wine at a charitable auction.
- (B) There is no limit on the amount of wine that may be sold under each separate wine charitable auction permit.
- (C) The same organization may not obtain more than two (2) such permits during any calendar year.
- (D) The permit shall have a duration of not more than five (5) days;
(36)
- (A) Sampling permit authorizes a retail liquor store to serve at no charge to the customer servings of alcoholic beverages, as authorized by a permit, for on-premises consumption at the retail liquor store.
- (B) Samples may only be offered during the regular hours of operation of liquor stores.
- (C) If authorized by the permit, wine samples shall be limited to a total of three (3) samples not to exceed one-half ounce (0.5 oz.) per sample per customer each day.
- (D) No more than two (2) two-ounce beer servings may be offered to each customer per day as authorized by the permit and no more than two (2) one-half-ounce samples of spirits may be served to each customer per day if authorized by the permit obtained by the retail liquor store;
- (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 Department of the Military;
- (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;
- (39) Native brandy permit authorizes the manufacture and sale of brandy, cordials, or other distillates or component parts thereof manufactured from agricultural or horticultural products produced solely in Arkansas;
(40)
- (A) Retail native beer permit authorizes the permit holder to sell at retail beer and malt beverages produced by small brewers licensed under Arkansas Code § 3-5-1405 and microbrewery-restaurants licensed under Arkansas Code § 3-5-1204.
- (B) The native beer and native malt liquor may be sold for consumption either on or off the premises;
(41)
- (A) Minimum wholesale liquor permit authorizes the sale of spirituous liquors, wine as defined in the Arkansas Code, and malt liquors at wholesale.
- (B) A minimum wholesale liquor permit holder shall not sell more than a combined total of twenty thousand (20,000) cases of spirituous liquors, wine, or malt liquors.
- (C) A case is a container that holds nine (9) liters of beverage.
- (D) A minimum wholesale liquor permit holder may not sell beer products as defined in the Arkansas Code unless he or she receives a separate wholesale beer permit;
- (42) Combined restaurant beer and wine permit authorizes the on-premises sale of beer, hard cider, and wine by establishments that qualify as restaurants per 3 CAR § 3-103;
(43)
- (A) Small restaurant permit authorizes a restaurant to purchase and resell five hundred sixty (560) liters of spirituous liquors or less per fiscal year.
- (B) Under Acts 2009, No. 763, if the small restaurant permit holder purchases more than five hundred sixty (560) liters of spirituous liquors in a fiscal year, he or she shall then be required to apply for a permit under the provisions of Arkansas Code § 3-9-212.
- (C) The small restaurant shall meet the requirements for a restaurant as set forth in Arkansas Code § 3-9-202(16)(A).
- (D) The small restaurant permit does not authorize the purchase or resale of wine products or beer products.
- (E) If the small restaurant permit holder desires to sell wine or beer, he or she must purchase additional permits for those products;
(44)
- (A) Hotel or large event facility private club permit authorizes the on-premises consumption of all types of alcoholic beverages.
- (B) This permit carries greater privileges than the on-premises consumption private club permit described in 3 CAR § 1-201(12).
- (C) This permit may only be issued to a qualified establishment in a dry area and the permit will allow expanded service of alcoholic beverages at hotel properties and at a large event facility.
- (D) Authorization for the new permit is under Acts 2011, No. 1194;
(45)
- (A) Out-of-state supplier permit authorizes an out-of-state manufacturer, distiller, rectifier, brewer, importer, or producer of spirituous or vinous liquor to sell, deliver, transport, or ship to a wholesaler, distributor, or rectifier.
- (B) A holder of this permit may only sell a spirituous or a vinous liquor to a wholesaler, distributor, or to any other person who is legally authorized by the laws of the State of Arkansas and the rules of the division to receive, possess, transport, distribute, or sell a spirituous liquor or vinous liquor;
(46)
- (A) Grocery store off-premises wine permit authorizes a permittee to purchase and sell wine and hard cider, the alcoholic content of which does not exceed twenty-one percent (21%) alcohol by weight.
- (B) “Wine” means port, wine, sherry wine, vermouth wine, hard cider, or other wines manufactured within or without the State of Arkansas.
- (C) “Grocery store” means a single physical establishment located in a wet territory that has an inventory of human-consumable items.
- (D) An order of wine inventory for one (1) location shall not be combined with an order for another location in a manner that would result in a cumulative discount and/or a quantity discount.
- (E) A grocery store wine permittee may conduct tasting events for educational and promotional purposes on the permittee’s premises after obtaining a wine sampling permit from the division under Arkansas Code § 3-5-104.
- (F) A grocery store seeking a grocery store wine permit may derive no more than twenty percent (20%) of its gross sales from the sale of alcoholic beverages.
- (G) However, this requirement does not apply to an otherwise qualifying grocery store that, as of January 1, 2017, derives more than twenty percent (20%) of its gross sales from the sale of alcoholic beverages.
- (H) A grocery store wine permittee shall offer for sale small farm winery wine as defined in Arkansas Code § 3-5-1601 et seq.
- (I) A grocery store wine permit shall be available for issue only in a county in which the retail sale of alcohol under Arkansas Code § 3-4-604 was authorized as of January 1, 2017;
(47)
(A) Hard cider manufacturer permit authorizes a permittee to:
- (i) Manufacture for sale no more than forty-five thousand (45,000) barrels per year of hard cider, the alcoholic content of which does not exceed twenty-one percent (21%);
- (ii) Manufacture at its licensed facility no less than thirty-five percent (35%) of its hard cider to be sold in the state; and
- (iii) Manufacture, import, transport, store, and sell to a wholesaler, jobber, distributor, or retailer hard cider to be used and sold for beverage purposes.
- (B) In addition, the hard cider manufacturer permittee may include one (1) tap room at its facility and may operate a restaurant in conjunction with its tap room, may maintain one (1) separate manufacturing facility, may export hard cider manufactured by the manufacturer out of the state, and may sell for on-premises and off-premises consumption as provided in Arkansas Code § 3-4-611; and
(48)
- (A) Microbrewery-restaurant wholesale permit authorizes the sale and transport of beer, malt beverage, or hard cider manufactured by the microbrewery-restaurant licensee to licensed retailers in an amount not to exceed five thousand (5,000) barrels per year.
- (B) To sell and transport under Arkansas Code § 3-5-1204(a)(10)(A), the microbrewery-restaurant licensee shall obtain a microbrewery-restaurant wholesale permit.
Codification Notes: Subdivision (4) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-15-07)" Subdivision (5) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-17-05)" Subdivision (6) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-15-07)" Subdivision (7) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-15-07)" Prior to codification into the Code of Arkansas Rules, subdivision (8) contained the following: "Repealed 8-20-97" Subdivision (13) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-19-09)" Subdivision (14) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-16-11)" Subdivision (15) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-19-93)" Prior to codification into the Code of Arkansas Rules, subdivision (16) contained the following: "Repealed 8-19-09" Subdivision (17) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-19-93)" Subdivision (18) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 9-16-15)" Subdivision (19) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 6-13-91)" Subdivision (20) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-19-93)" Subdivision (21) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-19-93)" Subdivision (22) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-17-05)" Subdivision (23) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 7-19-95)" Subdivision (24) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 7-19-95)" Subdivision (25) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 7-19-95)" Subdivision (26) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-20-97)" Subdivision (27) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 1-23-24)" Subdivision (28) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-18-99)" Subdivision (29) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-18-99)" Subdivision (30) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-17-05)" Subdivision (32) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-18-99)" Subdivision (33) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-15-01)" Subdivision (34) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 9-16-15)" Subdivision (35) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-17-05)" Subdivision (37) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-15-07)" Subdivision (38) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-15-07)" Subdivision (39) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 09-01-2021)" Subdivision (40) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 9-16-15)" Subdivision (41) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-19-09)" Subdivision (42) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-19-09)" Subdivision (43) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-19-09)" Subdivision (44) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-16-11)" Subdivision (45) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-21-13)"