1. (a)

   1. (1) An Arkansas native brewery, as defined in Acts 2003, No. 1805, is authorized to seek permission from the Alcoholic Beverage Control Division for permission to conduct a beer tasting event for educational and promotional purposes in any wet area of the state.
   2. (2) The request for permission to distribute beer samples must be received by the division at least three (3) weeks prior to the event.
   3. (3) Written notice of the request shall be mailed by the division to the law enforcement officer who has primary jurisdiction over the site where the event will be held.
   4. (4) If the Director of the Alcoholic Beverage Control Division finds that circumstances exist which precluded the timely filing of the request with the 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 request received by the division.

2. (b)

   1. (1) 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.

   2. (2) The request for permission must:

      1. (A) Describe the area where the event will be held including the size and dimensions of the area; and
      2. (B) Clearly describe the character of the location.
   3. (3) Beer tasting events conducted by Arkansas native brewer permittees may be held in any facility in any wet area of the state permitted by the division if written notice is given to the division as previously described.
3. (c) The criminal penalties for drinking in public as prohibited by Arkansas Code § 5-71-212 are not applicable to any beer and malt beverage tasting event approved by the division under Acts 2003, No. 1805.

4. (d)

   1. (1) As used in this part, “beer” or “malt” means any malt beverage product manufactured by an Arkansas native brewer permittee.
   2. (2) Samples may be distributed Monday through Friday between the hours of 7:00 a.m. and 1:00 a.m. the next day.
   3. (3) On a Saturday, samples may be distributed only between the hours of 7:00 a.m. and 12:00 midnight.
   4. (4) 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 12:00 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.
5. (e) Any action by the director in granting or denying such request is appealable to the Alcoholic Beverage Control Board pursuant to 3 CAR § 1-605, provided that such action on the part of the director shall be effective immediately without the requirement of such action being ratified by the board at the next board meeting.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “(Adopted 8-20-03)”.