Ark. Code § 3-5-1901

Current with legislation from 2024 Fiscal and Special Sessions.

Section 3-5-1901 - Definitions

As used in this subchapter:

(1) "Alcoholic beverage" means a beverage containing more than five-tenths percent (0.5%) of alcohol by weight;

(2) "Barrel" means thirty-one gallons (31 gals.);

(3) "Beer" means a fermented liquor made from malt or a substitute and having an alcoholic content not in excess of five percent (5%) by volume;

(4) "Dry area" means an area in this state in which the manufacture or sale of beer is prohibited by a local option election held pursuant to applicable laws of this state;

(5) "Malt beverage" means a liquor brewed from the fermented juices of grain and having an alcoholic content of at least five percent (5%) but not more than twenty-one percent (21%) by weight;

(6) "Microbrewery" means a brewery that manufactures one (1) or more varieties of beer, malt beverage, or hard cider in an aggregate quantity not to exceed forty-five thousand (45,000) barrels per year from all facilities under common ownership with the microbrewery;

(7) "Microbrewery-restaurant private club" means a nonprofit organization organized and existing under the laws of this state that:

(A) Is both a microbrewery and a restaurant;

(B) Has members, which are not directly or indirectly benefitted by the entity's net revenues;

(C) Exists for some common recreational, social, patriotic, political, national, benevolent, athletic, community hospitality, professional association, entertainment, or other object or purpose other than the consumption of alcoholic beverages; and

(D) Has existed for at least one (1) year;

(8) "On-premises consumption" means the sale of alcoholic beverages by the drink or in broken or unsealed containers for consumption:

(A) On the premises where sold; or

(B) Within the boundaries of a designated entertainment district established under § 14-54-1412 that is contiguous with the premises; and

(9) "Restaurant" means a public or private place that:

(A) Is kept, used, maintained, advertised, and held out to the public or to a private or restricted membership as a place where complete meals are actually and regularly served;

(B) Has adequate and sanitary kitchen and dining equipment;

(C) Has seating capacity for at least fifty (50) people;

(D) Has sufficient number and type of employees to prepare, cook, and serve suitable food for its guests or members;

(E) Serves at least one (1) meal per day; and

(F) Is open for business a minimum of five (5) days per week, with the exception of holidays, vacations, and periods of redecorating.

Ark. Code § 3-5-1901

Amended by Act 2023, No. 334,§ 1, eff. 8/1/2023.

Added by Act 2019, No. 681,§ 1, eff. 7/24/2019.