As used in this part:

1. (1)

   1. (A) “Arkansas small brewery” means any facility located in the State of Arkansas and licensed under Arkansas Code § 3-5-1405 that manufactures fewer than forty-five thousand (45,000) barrels of beer, malt, and hard cider per year.
   2. (B) A licensed microbrewery-restaurant is not a “small brewery”.
   3. (C) A small brewery permitted under this law shall have the authority to manufacture and sell beer, malt beverages, and hard cider not to exceed an aggregate quantity of forty-five thousand (45,000) barrels per year.
   4. (D) The operator of a small brewery may serve complimentary samples of products produced by the small brewery and may sell at retail by the drink or by the package beer, malt, and hard cider produced by the small brewery if all sales occur in a wet territory.
   5. (E) Authorized sales as described above may occur at the small brewery location property or at fairs and food and beer festivals.
   6. (F) Small breweries may sell and transport beer, malt, and hard cider products produced on the premises of the small brewery to retail license holders and small brewery license holders if the total production of the permitted brewery does not exceed fifteen thousand (15,000) barrels per year.
   7. (G) If the small brewery determines that it wishes to sell its own products to another small brewery or to retail license holders, it shall obtain a small brewery wholesale permit.
   8. (H) Off-premises sales are limited to those brand name products which are produced at the permitted facility.
   9. (I) Small brewery permittees may sell their beer, malt beverage, and hard cider products for on or off-premises consumption during all legal operating hours of the business in which the business is normally and legally conducted on any day of the week unless otherwise prohibited by law if the small brewer provides tours and provides that only sealed containers are removed from the premises.
   10. (J) In addition to serving their own products on the premises of the small brewery, small brewers may serve wine and products produced by another licensed small brewery;
2. (2) “Casino licensee” means any individual, corporation, partnership, association, trust, or other entity holding a license issued by the Arkansas Racing Commission to conduct casino gaming at a casino;
3. (3) “Consumer” means a person who receives or in any way comes into the possession of controlled beverages for the purpose of consuming them, giving them away, or distributing them in any way other than by sale, barter, or exchange;
4. (4) “Distiller” means the person, firm, or corporation constituting the original source of sale, after distillation, in the United States;
5. (5) “Importer” means the person, firm, or corporation in the United States holding the basic contract with a foreign supplier, whereby such foreign supplier exports vinous beverages, spirituous liquors, or malt beverages into the United States;
6. (6) “Manufacturer” means any person who brews, distills, rectifies, or in any other way manufactures controlled beverages for sale in wholesale quantities;

7. (7)

   1. (A) “Mead” means an alcoholic beverage made through the fermentation of honey as the primary ingredient.
   2. (B) Mead includes without limitation cyser, braggot, metheglin, and melomels;

8. (8)

   1. (A) “Microbrewery-restaurant” means any establishment in which beer, malt, and hard cider are brewed and sold at retail in a restaurant setting under the same ownership in the same building or attached buildings.
   2. (B) The operation of the microbrewery-restaurant shall be a limited exception to the three-tier system as defined in other parts of these rules.
   3. (C) A microbrewery-restaurant establishment shall be allowed to brew hard cider, beer, ready-to-drink products, or other malt beverage products, as defined in Arkansas Code § 3-5-1202, and such products may be brewed in one (1) or more varieties to be served in the restaurant operated at the same premises.
   4. (D) The microbrewery-restaurant shall be limited to a production of forty-five thousand (45,000) barrels of products per year, with each barrel having a volume of thirty-one gallons (31 gals.).
   5. (E) The beer, malt beverage, hard cider, or ready-to-drink products brewed at the microbrewery operation may be sold at the restaurant maintained at the same premises for on-premises consumption on any day of the week.
   6. (F) The microbrewery-restaurant may sell on the premises beer, malt beverages, and hard cider manufactured by the microbrewery in brewery-sealed packages at retail directly to the consumer for off-premises consumption on any day of the week.
   7. (G) The microbrewery-restaurant may sell beer, malt, or hard cider of its own manufacture to a wholesale dealer licensed by this state for the purpose of resale to other retail license holders as set forth by Arkansas Code §§ 3-4-605 and 3-5-101, dealing with the wholesale distribution of beer, malt, hard cider, or ready-to-drink products.
   8. (H) The restaurant may purchase beer from other manufacturers of beer as set forth in that act for sale and dispensing at the restaurant operation;

9. (9)

   1. (A) “Product” shall mean a brewed, fermented, or distilled liquor.
   2. (B) A brand for a product registered with the Alcoholic Beverage Control Division shall include the registered product as well as all derivatives or subcategories of a registered product, without regard to whether such derivative or subcategory is brewed, fermented, or distilled.
   3. (C) “Product” shall not be construed to mean a particular malt, spirituous or vinous liquor, or any variety, category, or subcategory thereof;
10. (10) “Rectifier” means the person, firm, or corporation constituting the original source of sale, after rectification, in the United States;
11. (11) “Retailer” means any person who holds a permit under any alcoholic beverage control law of the State of Arkansas to sell at retail controlled beverages to consumers only;
12. (12) “Sales agent” means any person who shall act as agent or salesperson for any wholesaler, manufacturer, or rectifier for the sale of or taking or soliciting orders for the sale of any controlled beverages in the State of Arkansas;
13. (13) “Warehouse” means a building or portion thereof approved by the Director of the Alcoholic Beverage Control Division in which controlled beverages are stored and which is equipped to maintain such temperatures as may be required for the storage of such controlled beverages; and
14. (14) “Wholesaler” means any person who holds a permit under any alcoholic beverage control law of the State of Arkansas to purchase controlled beverages from a manufacturer, importer, or domestic wine or brandy producer only and to sell such controlled beverages to retailers only.

Codification Notes: Subdivision (1) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 9-16-15)" Subdivision (2) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 12-18-19)" Subdivision (5) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 12-17-82)" Subdivision (8) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 1-23-24)" Subdivision (9) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 12-14-11)"