- (a) Transportation of controlled beverages interstate by common carrier. Persons licensed by the Surface Transportation Board as common carriers may transport controlled beverages into and through the State of Arkansas pursuant to the laws and regulations applicable to such common carrier.
(b)
(1) Contract carrier, private carrier, or permittee to make application for permit to transport controlled beverages, except beer and malt liquor, interstate and into Arkansas. Any person serving as a contract carrier or a private carrier, as defined in 49 U.S.C. § 303, or any person holding a manufacturer’s or wholesaler’s permit desiring to transport controlled beverages in interstate commerce through the State of Arkansas, into the State of Arkansas, or out of the State of Arkansas, shall make an application to the Director of the Alcoholic Beverage Control Division therefor which shall set forth the following information and statements:
- (A) The point of origin of the shipment, the point where such shipment will enter the State of Arkansas, the destination of such shipment and, if the destination is outside the State of Arkansas, the point where such shipment will leave the State of Arkansas;
- (B) The approximate duration of the entire trip through the State of Arkansas if the destination is outside the State of Arkansas;
- (C) A description of the vehicle to be used in such shipment including the motor number, the license plate number, and a description of the make, model, and dimensions of the vehicle;
- (D) The approximate number of cases or kegs expected in each shipment; and
- (E) If shipments are to be made on a regular basis, the schedule of such shipments expected to be followed.
- (2) The application shall be verified in the manner provided in 3 CAR pt. 1.
(c) Transportation by holder of liquor off-premises permit prohibited.
- (1) Only persons, firms, or corporations holding retail liquor off-premises permits may obtain designation as a source of supply for licensed private clubs.
- (2) Those distributors so designated by the director may not make deliveries of controlled beverages to licensed private clubs.
- (3) Only those retail liquor stores which have obtained a Federal Basic Wholesalers Permit from the Alcohol and Tobacco Tax and Trade Bureau will be designated as a private club distributor by the director.
(d) Date application for transportation permits to be made.
- (1) If for regularly scheduled shipments, the application for a transportation permit shall be made annually and such permit shall be issued for a period of one (1) year.
- (2) If the shipment for which the application is made is not pursuant to a regular schedule, an application shall be made for each shipment.
(e) Transportation permit to be issued after approval and posting of bond.
- (1) Upon approval by the director and the posting of a surety bond approved by the director, the transportation permit shall be issued.
- (2) The surety bond shall be in the amount of two thousand dollars ($2,000) and shall be conditioned that in the event the person holding the transportation permit violates or fails to comply with any of this part or any alcoholic beverage control law of the State of Arkansas, the amount of the bond shall be forfeited to the State of Arkansas.
- (f) Transportation permit to accompany transportation of controlled beverages. At all times when controlled beverages are transported pursuant to a transportation permit, such permit shall be present within the vehicle in which such controlled beverages are transported and shall be available for inspection by any law enforcement officer or by any officer of the Alcoholic Beverage Control Division.
- (g) Suspension and revocation of transportation permit. If any person holding a transportation permit shall violate or fail to comply with any of this part, any rules of the State Highway Commission, or any alcoholic beverage control law of the State of Arkansas, the director may suspend or revoke such permit pursuant to the procedure established by this part.
Codification Notes: Subsection (c) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 7-19-84)"