§ 3-4-605 — Wholesalers

Arkansas § 3-4-605

• Jurisdiction: Arkansas
• Title: 3

Text

(a) A person other than a distiller, manufacturer, rectifier, or importer may apply to the Director of the Alcoholic Beverage Control Division for a permit to sell spirituous liquor, wine as defined in § 3-9-301(7) , beer, hard cider, or malt liquors at wholesale. (b) The application shall be in writing and shall set forth in detail such information concerning the applicant for the permit and the premises to be used by the applicant as the director may require. (c) The application shall be accompanied by a certified check, cash, or postal money order for the amount required by this act for the permit. (d) If the director grants the application, he or she shall issue a permit in a form as determined by the rules of the Alcoholic Beverage Control Division. (e) The permit shall contain a description of the premises permitted and in form and substance shall be a permit to the person specifically designated in the permit to sell spirituous liquor, wine as defined in § 3-9-301(7) , beer, hard cider, or malt liquors for beverage purposes. (f) A person holding a distiller's or rectifier's permit need not obtain a wholesaler's permit in order to sell at wholesale spirituous liquor or wine as defined in § 3-9-301(7) . (g) (1) (A) A person other than a person holding a distiller's, manufacturer's, or rectifier's permit shall not sell spirituous liquor, wine as defined in § 3-9-301(7) , hard cider, or malt liquors at wholesale. (B) A person other than a person holding a wholesaler's permit shall not sell spirituous liquor, wine as defined in § 3-9-301(7) , or malt liquors at wholesale. (2) A wholesaler holding a permit shall not sell or buy from another unless he or she holds a permit, but a wholesaler may export from or import into this state liquors under rules promulgated by the division. (h) A wholesaler shall not sell or contract to sell spirituous liquor, wine as defined in § 3-9-301(7) , beer, hard cider, or malt liquors to a dispensary, hotel, restaurant, or club if the dispensary, hotel, restaurant, or club is not authorized under this act to receive, possess, transport, distribute, or sell spirituous liquor, wine as defined in § 3-9-301(7) , beer, hard cider, or malt liquors. (i) Further, a licensed wholesaler in Arkansas of spirituous liquor, beer, hard cider, or wine as defined in § 3-9-301(7) may only purchase spirituous liquor, beer, hard cider, or wine as defined in § 3-9-301(7) from a distiller, importer, rectifier, hard cider manufacturer, or a domestic wine producer. However, this restriction does not apply to the purchase of native wines. (j) (1) For the privilege of storing, transporting, and selling spirituous liquor, wine as defined in § 3-9-301(7) , beer, hard cider, or malt liquors at wholesale, there is assessed and there shall be paid an annual permit fee of and by every person engaged therein. The permit fee shall be in the sum of seven hundred dollars ($700) for each separate and distinct establishment. (2) However, this section does not apply to residents of Arkansas who store, transport, and sell wine or hard cider at wholesale manufactured by them in this state.

Legislative History

Amended by Act 2019, No. 691,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 691,§ 8, eff. 7/24/2019. Acts 1935, No. 108, Art. 3, § 5; 1935, No. 108, Art. 4, § 3; Pope's Dig., §§ 14109, 14129; Acts 1973, No. 299, § 1; 1983, No. 675, § 3; A.S.A. 1947, §§ 48-305, 48-323; Acts 2009, No. 294, § 6.