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Title 2, Subtitle B | Definitions  

Section 2.2
“Consumer”
means a person who receives or in any way comes into the possession of controlled beverages for the purpose of consuming them, giving them away or distributing them in any way other than by sale, barter or exchange.

Section 2.3
“Distiller”
means the person, firm or corporation constituting the original source of sale, after distillation, in the United States.

Section 2.4
“Importer”
means the person, firm or corporation in the United States holding the basic contract with a foreign supplier, whereby such foreign supplier exports vinous beverages, spirituous liquors or malt beverages into the United States. (Amended 12-17-82)

Section 2.5
“Manufacturer”
means any person who brews, distills, rectifies or in any other way manufactures controlled beverages for sale in wholesale quantities.

Section 2.5.1
“Microbrewery-Restaurant”
means any establishment in which beer is both brewed and sold at retail in a restaurant setting under the same ownership in the same building or attached buildings. The operation of the microbrewery-restaurant shall be a limited exception to the three-tier system as defined in other parts of these Regulations. A microbrewery-restaurant establishment shall be allowed to brew beer or other malt beverage products, as defined in ACA § 3-5-1202, and such beer or malt beverage products may be brewed in one or more varieties to be served in the restaurant operated at the same premises. The microbrewery-restaurant shall be limited to a production of 5000 barrels of malt beverage products per year, with each barrel having a volume of thirty-one (31) gallons. The beer or malt beverage brewed at the microbrewery operation shall only be sold at the restaurant maintained at the same premises, as defined in Act 611 of 1991 and shall be dispensed at such restaurant for on premises consumption only. The restaurant may purchase beer from other manufacturers of beer as set forth in that Act for sale and dispensing at the restaurant operation. (Amended 8-15-01)

Section 2.5.2
“Arkansas Native Brewer”
 means any small brewery or microbrewery-restaurant permitted under the provisions of Act 1805 of 2003, as amended.   A small brewery permitted under this law shall have the authority to manufacture and sell beer and malt beverages not to exceed an aggregate quantity of 30,000 barrels per year. The small brewery may sell to wholesalers, to retail license holders and other small brewery license holders, or to the consumer at the brewery facility. In addition, under the provisions of Act 1459 of 2009 the operator of a small brewery may serve complimentary samples of beer produced by the small brewery or by another licensed small brewery and may sell at retail by the drink or by the package beer produced by the small brewery or produced by another small brewery if all sales occur in a wet territory.  Authorized sales as described above may occur at the small brewery location property, any small brewery – off premise retail site or at fairs and food and beer festivals as described in Act 1459.  If the small brewery determines that it wishes to sell its own products to another small brewery, or to retail license holder it shall obtain a small brewery wholesale permit.   A microbrewery-restaurant operator who operates under the Arkansas native brewer permit may manufacture beer and malt beverages in an aggregate quantity not to exceed 5000 barrels per year. The microbrewery-restaurant may sell to wholesalers, to other retail dealers or to the consumer at the microbrewery-restaurant for consumption either on or off the premises. The microbrewery restaurant must obtain a separate retail permit that authorizes the sale of wine for on premises consumption at the property. Off premises sales are limited to those brand name products which are produced at the permitted facility. Native brewer permittees may sell their beer and malt beverage products for on or off premises consumption during all legal operating hours of the business in which the business is normally and legally conducted, on any day of the week, unless otherwise prohibited by law, if the native brewer provides tours and provides that only sealed containers are removed from the premises.  (Amended  8-19-09)

Section 2.6
“Rectifier”
means the person, firm or corporation constituting the original source of sale, after rectification, in the United States.

Section 2.7
“Retailer”
means any person who holds a permit under any alcoholic beverage control law of the State of Arkansas to sell at retail controlled beverages to consumers only.

Section 2.8
“Sales Agent”
means any person who shall act as agent or salesperson for any wholesaler, manufacturer or rectifier for the sale of or taking or soliciting orders for the sale of any controlled beverages in the State of Arkansas.

Section 2.9
“Warehouse”
means a building or portion thereof approved by the Director in which controlled beverages are stored and which is equipped to maintain such temperatures as may be required for the storage of such controlled beverages.

Section 2.10
“Wholesaler”
means any person who holds a permit under any alcoholic beverage control law of the State of Arkansas to purchase controlled beverages from a manufacturer, importer, or domestic wine or brandy producer only and to sell such controlled beverages to retailers only.

Section 2.11
Definition of Other Terms.
All other terms used in this Title shall be defined in accordance with the definitions under Title 1 of these Regulations, with the laws of the State of Arkansas and the customs and usages of the trade and the people of the State of Arkansas.