1. (a)

   1. (1) A microbrewery-restaurant shall manufacture beer, malt beverage, hard cider, or ready-to-drink products containing not in excess of twenty-one percent (21%) alcohol by weight and may sell the same or products produced at the permittee’s separate brewing facility for consumption on or off the premises.
   2. (2) The microbrewery portion of the microbrewery-restaurant permitted operation (hereinafter “permitted business”) shall be separated from the restaurant portion of the permitted business by a solid wall.
   3. (3) The wall may be made of glass or other materials but shall prevent direct access by the public patronizing the restaurant.
   4. (4) If the operator of the permitted business does desire to allow members of the public to take a tour of the brewery, such tour shall only be conducted under the direct supervision of brewery personnel.
   5. (5) Microbrewery-restaurant permittees may store the manufactured beer, malt beverage, hard cider, or ready-to-drink product, and any other beer, malt beverage, hard cider, or ready-to-drink product which the permittee may purchase from wholesalers and small brewers licensed by this state on the microbrewery-restaurant premises and on the premises of the one (1) separate brewing facility of the microbrewery-restaurant.
   6. (6) Two (2) or more microbrewery-restaurants sharing ownership or a brewery of any size sharing common ownership with a microbrewery-restaurant shall be considered one (1) entity for the purposes of calculating barrel production and transportation of beer, malt beverage, or hard cider produced by one (1) entity among no more than three (3) microbrewery-restaurant facilities of the one (1) entity.
   7. (7) A ready-to-drink product authorized for off-premises consumption under this section shall be sold only from the location where the ready-to-drink product is manufactured.
2. (b) A microbrewery-restaurant permittee may maintain one (1) separate brewing facility for production or storage of beer, malt beverage, hard cider, or ready-to-drink product as needed to meet demand, except that each facility used by the microbrewery-restaurant permittee shall not in the aggregate produce more than forty-five thousand (45,000) barrels of beer, malt beverage, hard cider, and ready-to-drink product per year.

3. (c) A microbrewery-restaurant permittee shall notify the Alcoholic Beverage Control Division of its intent to operate a separate brewing facility by providing the following documentation:

   1. (1) A completed Separate Brewing Facility application form;
   2. (2) A floor plan of the proposed premises;
   3. (3) At least four (4) photographs of the proposed premises depicting the front, back, and sides of the building;
   4. (4) Copies of any permits required by the Alcohol and Tobacco Tax and Trade Bureau for production at the location, if applicable; and
   5. (5) Certification that the proposed facility is in compliance with any local zoning requirements for the location.

4. (d)

   1. (1) Ready-to-drink products produced by a separate brewing facility of a microbrewery-restaurant licensee shall be sold only to a licensed wholesaler.
   2. (2) Upon receipt of the required documentation, the division shall issue an endorsement to the microbrewery-restaurant permittee.
   3. (3) The endorsement shall be posted on the premises in compliance with the specifications set forth in 3 CAR § 1-307.
5. (e) On-premises consumption of a ready-to-drink product shall only be allowed in cities and counties, or portions of cities and counties, in which the manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held under Initiated Act No. 1 of 1942, Arkansas Code §§ 3-8-201 – 3-8-203 and Arkansas Code §§ 3-8-205 – 3-8-209, and in which the sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as provided in Arkansas Code § 3-9-201 et seq.

Codification Notes: Subsection (a) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 1-23-24)" This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 9-20-17)"