Article 1 | Permit to Transport Controlled Beverages
Section 2.32 Transportation of Controlled Beverages Interstate by Common Carrier. Persons licensed by the Interstate Commerce Commission as common carriers may transport controlled beverages into and through the State of Arkansas pursuant to the laws and regulations applicable to such common carrier.
Section 2.33 Contract Carrier, Private Carrier or Permittee to Make Application for Permit to Transport Controlled Beverages, Except Beer and Malt Liquor, Interstate and Into Arkansas.
Any person serving as a contract carrier or a private carrier, as defined in Title 49 Section 303 of the United States Code, or any person holding a manufacturer’s or wholesaler’s permit desiring to transport controlled beverages in interstate commerce through the State of Arkansas, into the State of Arkansas or out of the State of Arkansas, shall make an application to the Director therefor which shall set forth the following information and statements:
(1) The point of origin of the shipment, the point where such shipment will enter the State of Arkansas, the destination of such shipment and, if the destination is outside the State of Arkansas, the point where such shipment will leave the State of Arkansas;
(2) The approximate duration of the entire trip through the State of Arkansas if the destination is outside the State of Arkansas;
(3) A description of the vehicle to be used in such shipment including the motor number, the license plate number and a description of the make, model and dimensions of the vehicle;
(4) The approximate number of cases or kegs expected in each shipment; and
(5) If shipments are to be made on a regular basis, the schedule of such shipments expected to be followed.
The application shall be verified in the manner provided in Title 1 of these Regulations.
Section 2.34 Transportation by Holder of Liquor Off Premises Permit Prohibited.
Only persons, firms, or corporations holding retail liquor off premises permits may obtain designation as a source of supply for licensed private clubs. Those distributors so designated by the Director may not make deliveries of controlled beverages to licensed private clubs. Only those retail liquor stores which have obtained a Federal Basic Wholesalers Permit from the Alcohol and Tobacco Tax and Trade Bureau will be designated as a private club distributor by the Director. (Amended 7-19-84)
Section 2.35 Date Application for Transportation Permits to be Made.
If for regularly scheduled shipments, the application for a transportation permit shall be made annually and such permit shall be issued for a period of one (1) year. If the shipment for which the application is made is not pursuant to a regular schedule, an application shall be made for each shipment.
Section 2.36 Transportation Permit to be Issued After Approval and Posting of Bond.
Upon approval by the Director and the posting of a surety bond approved by the Director the transportation permit shall be issued. The surety bond shall be in the amount of two thousand dollars ($2,000.00) and shall be conditioned that in the event the person holding the transportation permit violates or fails to comply with any of these Regulations or any alcoholic beverage control law of the State of Arkansas, the amount of the bond shall be forfeited to the State of Arkansas.
Section 2.37 Transportation Permit to Accompany Transportation of Controlled Beverages.
At all times when controlled beverages are transported pursuant to a transportation permit, such permit shall be present within the vehicle in which such controlled beverages are transported and shall be available for inspection by any law enforcement officer or by any officer of the Division of Alcoholic Beverage Control.
Section 2.38 Suspension and Revocation of Transportation Permit.
If any person holding a transportation permit shall violate or fail to comply with any of these Regulations, any regulations of the Arkansas Commerce Commission or any alcoholic beverage control law of the State of Arkansas, the Director may suspend or revoke such permit pursuant to the procedure established by these Regulations.
Article 2 | Transportation of Controlled Beverages
Section 2.39 Bill of Lading or Invoice to Accompany Shipment.
A bill of lading, invoice or other memorandum of shipment shall accompany each shipment of controlled beverages made pursuant to a transportation permit and shall be present in the cab of the truck in which the controlled beverages described in the bill of lading are transported. The bill of lading, invoice or other memorandum of shipment shall show the date of sale of the controlled beverages, the quantity, brand and size of container of the controlled beverages transported, the name and address of the consignor and consignee and the permit number of the consignee. A copy of all bills of lading, invoice, or other memorandum of shipment shall be retained in the custody of the person holding the transportation permit for a period of three (3) years.
Section 2.40 Transportation of Controlled Beverages Except Beer Within Arkansas by Manufacturer or Liquor Wholesaler.
Any person holding a manufacturer’s permit may transport controlled beverages within Arkansas from his premises or other warehouse in his own truck to the premises or other warehouse of a person holding a wholesaler’s permit, but only pursuant to the sale of such controlled beverages to such wholesaler.
Any person holding a liquor wholesaler’s permit may transport controlled beverages within Arkansas from his premises or other warehouse in his own truck to the premises of a person holding a retailer’s permit, but only pursuant to a sale of such controlled beverages to such retailer.
When transporting controlled beverages pursuant to this Regulation, the manufacturer or liquor wholesaler shall comply with the requirements of Section 2.38 of these Regulations in regard to the issuance and possession of a bill of lading, invoice, or other memorandum of shipment. A copy of such bill of lading, invoice, or other memorandum of shipment shall be retained by the manufacturer or wholesaler transporting the controlled beverages and by the person to whom such beverages are sold and delivered for a period of three (3) years.
In addition, a manufacturer or liquor wholesaler may transport in his own truck controlled beverages owned by such manufacturer or liquor wholesaler from a freight depot to the premises or other warehouse of such manufacturer or liquor wholesaler, from one place of business for which such manufacturer or liquor wholesaler holds a permit to another, and upon the premises described in his permit.
Section 2.41 Transportation of Controlled Beverages Within Arkansas by Contract Carrier or Private Carrier.
A contract carrier or private carrier as defined in Title 49 Section 303 of the United States Code holding an annual transportation permit may transport controlled beverages within the State of Arkansas from the premises or other warehouse of a manufacturer to the premises or other warehouse of a wholesaler, or from the premises or other warehouse of a wholesaler to the premises of a retailer pursuant to a sale by such manufacturer to a wholesaler, or a sale by such wholesaler to a retailer. Such contract carrier or private carrier shall have a transportation permit as provided in these Regulations and shall comply fully with Section 2.39 of these Regulations. All contract carriers or private carriers and the wholesaler or retailer to whom delivery is made shall retain a copy of the bill of lading, invoice, or other memorandum of shipment required by Section 2.39 of these Regulations for a period of three (3) years.
Section 2.42 Truck in Which Controlled Beverages Transported by Manufacturer or Wholesaler to be Identified.
A manufacturer or wholesaler which transports controlled beverages in its own truck shall have painted in letters not less than two (2) inches high on each side of each truck used in transporting alcoholic beverages the name and address of the business and the Alcoholic Beverage Control Division permit number assigned to such business. (Amended 8-19-93)
Section 2.43 Carrier Unloading Controlled Beverages in Freight Depot Must Store Controlled Beverages Separate From Other Freight.
Any carrier who transports controlled beverages shall, when unloading such controlled beverages in any freight depot or other warehouse, store such controlled beverages separate from other freight.
Section 2.44 Manufacturer or Wholesaler May Store Controlled Beverages in Bonded Warehouse.
A manufacturer or wholesaler may store controlled beverages owned by such manufacturer or wholesaler in a bonded warehouse not located on the premises described in such manufacturer or wholesaler’s permit. Provided, such warehouse must be in compliance with the requirements of these Regulations for such warehouse, and such manufacturer or wholesaler must maintain records indicating the quantity, brand, and date of storage of all controlled beverages so stored. Such records shall be retained by such manufacturer or wholesaler for a period of three (3) years.
Article 3 | Prohibited Conduct and Activities
Section 2.45 Prohibited Conduct and Activities; Grounds for Suspension or Revocation of Transportation Permit.
Any transportation permit issued pursuant to this Subtitle may be suspended or revoked for any of the following reasons:
(1) Manufacturer Making Delivery to Retailer or Consumer.
That a manufacturer delivered controlled beverages directly to a person holding a permit to sell controlled beverages at retail or to a consumer;
(2) Wholesaler Making Delivery to Consumer.
That a wholesaler delivered controlled beverages directly to a consumer;
(3) Variance of Described Route. A permittee varied the transportation route as described in the transportation permit;
(4) Sale or Attempt to Sell Controlled Beverages.
A permittee, not authorized to do so, sold or attempted to sell any controlled beverages in such permittee’s possession for purposes of delivery; and,
(5) Storage or Delivery of Interstate Shipment.
A permittee stored or delivered, or attempted to store or deliver, within the State of Arkansas, any controlled beverages in the possession of the permittee for purposes of delivery outside the State of Arkansas.
Article 4 | Transportation of Native Beverages
Section 2.46 Native Beverages Must be Sealed and Stamped Before Transport. Repealed 8-15-07
Section 2.47 Sealing, Stamping and Printing of Native Beverages Responsibility of Holder of Permit. Repealed 8-15-07
Section 2.48 Sale of Native Beverages for Transportation Without Seal and Stamp Prohibited. Repealed 8-15-07
Section 2.49 Quantity of Native Wine Which May be Transported by Consumer. Repealed 8-15-07
Section 2.50 Transportation of Native Beverages. Repealed 8-15-07
Section 2.51 Opening Container or Breaking Seal of Case or Package Prohibited. Repealed 8-15-07
Section 2.52 Native Beverages to be Available for Inspection While Transported; Procedure for Inspection. Repealed 8-15-07