Section 2.53 Microbrewery-Restaurant Operations Allowed.
Pursuant to Act 611 of 1991, as amended, a microbrewery-restaurant operation is allowed to brew beer, containing not in excess of five percent (5%) alcohol by weight and to brew malt beverage products, containing not in excess of twenty-one percent (21%) alcohol by weight, and to sell the same at a restaurant as defined in the Act, for consumption on or off the premises. The microbrewery portion of the microbrewery-restaurant permitted operation (hereinafter “permitted business”) shall be separated from the restaurant portion of the permitted business by a solid wall. The wall may be made of glass or other materials, but shall prevent direct access by the public patronizing the restaurant. If the operator of the permitted business does desire to allow members of the public to take a tour of the brewery, such tour shall only be conducted under the direct supervision of brewery personnel. (Amended 7-19-95)
Section 2.54 Limitation on Production.
Each operator of a microbrewery-restaurant establishment is allowed to manufacture beer or malt beverage products in limited quantities. The operator shall be allowed to brew one or more varieties of beer or malt beverage products, but in any event shall not brew more than 5,000 barrels, as defined by ACA § 3-5-1202(1), for all products per year. For purposes of this Regulation, a year is determined to be a calendar year beginning on January 1st of each year and ending on December 31st of the same year. The 5,000 barrel limitation applies to all beer and malt beverages brewed, including test runs. (Amended 7-19-95)
Section 2.55 Samples May be Offered in Brewery Portion.
The operator of a permitted establishment described in this Subtitle may offer samples of the beer or malt beverages brewed at the microbrewery to persons taking tours of the brewery. No free samples of beer or malt beverages may be distributed in the restaurant portion of the establishment, but may only be sold at retail in the restaurant portion for on or off premises consumption. (Amended 7-19-95)
Section 2.56 Division of Premises.
Such microbrewery-restaurant operation shall be maintained in such a manner by solid walls or other such items as to clearly define and control the travel of persons inside the establishment, between the microbrewery portion of the building and the restaurant portion of the building. However, nothing in this Section shall be interpreted to prevent the installation of solid glass walls or other such transparent materials in order that patrons at the restaurant establishment may actually view part of the brewery operations without being able to enter the brewery portion of the establishment. (Adopted 7-15-91)
Section 2.57 Floor Plan to be Furnished with Application.
Each person applying for a microbrewery-restaurant permit as authorized by law shall submit with the application a floor plan of the permitted business which will identify the portion of the building which will be operated as the brewery and the portion which will be operated as the restaurant. The floor plan will contain such sufficient descriptions and other information as may be required to show how the traffic flow of customers will be separated in the two portions of the permitted business. The brewery diagram will also show the size and location of various tanks or other devices which will be used to brew and store the beer or malt beverages brewed at such brewery. In addition, the applicant for the microbrewery-restaurant permit must show or declare in his application, to the standards set by the Director as part of the application process, that he has met or will be able to meet the standards for brewery operations as set forth in 27 CFR § 25.25 or other applicable Alcohol and Tobacco Tax and Trade Bureau regulations that may apply to the operation of a microbrewery-restaurant as created by the Arkansas General Assembly. (Amended 7-19-95)
Section 2.58 Disposition of Microbrewery Products.
A microbrewery-restaurant operation shall be allowed to dispose or sell the products that it brews by the following methods:
(1) A permittee may sell beer or malt beverages in draft form at the restaurant for on premises consumption only;
(2) The permittee may can or bottle beer or malt beverage products and may sell those products in brewery-sealed packages at retail to the customer for consumption off the premises;
(3) The permittee may distribute beer and malt beverage products to charities and non-profit corporations on the same basis as a manufacturer under the provisions of Section 2.28(6) of these Regulations or the microbrewery-restaurant may sell for resale the products that it manufactures to charitable or non-profit organizations holding valid “special-event” permits as provided for by the Alcoholic Beverage Control Division, except they may not sell to non-profit organizations holding private club licenses except as provided in Subparagraph number 4 of this Section. The sale of said products shall be limited to the duration of the particular “special event” permitted activity;
(4) The permittee may sell beer or malt beverage products to a licensed private club which leases space in the microbrewery-restaurant building or which occupies space in a building which adjoins the microbrewery-restaurant building. (Amended 8-19-99)
Section 2.59 Trademarks or Other Designs to be Used.
Microbrewery-restaurant operators may can or bottle beer for off premises consumption. In order to comply with all applicable State and Federal regulations, microbrewery-restaurant operators will be required to adopt a label design to be approved by the Director under the provisions of Section 2.19 of these Regulations. In addition, the microbrewery-restaurant operator may design a trademark, logo, graphic design or representation or other symbol to be used on point of sale advertising items inside the restaurant, in newspaper advertisements, billboards, or other printed media, which shall identify the beer or malt beverage which is brewed at the microbrewery-restaurant and sold in the restaurant portion of the business for consumption on or off the premises as provided by law. Such trademark, logo, graphic design or other symbol or label shall be allowed as a limited exemption to the private label prohibition contained in Section 2.19.1 of these Regulations. Such graphic design, trademark, logo or label design shall be submitted for approval by the Director. In addition, the microbrewery-restaurant operation must secure a certificate of label approval, or complete items as may be required by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury. Additional labels made after the first application for trademark, label or design shall have the graphic design for the product approved by the Director prior to the sale of the product in the restaurant. (Amended 7-19-95)
Section 2.60 Requirements of Design of Trademark, Logo, Symbol or Label to be Used by Microbrewery-Restaurant.
Any licensed microbrewery-restaurant may adopt a trade name, logo, trademark, symbol or label or other graphic representation to be used by the microbrewery-restaurant (hereinafter “permitted establishment”) in advertising the availability of beer or malt beverage products brewed and sold at the permitted establishment. In addition, the permitted establishment may advertise the existence of its beer and malt beverage products by use of billboards, newspaper advertisements, outside signs or other devices away from the permitted establishment and by point of sale items at the restaurant. The trademark, logo, symbol, label or other graphic design (hereinafter “design”) shall be used for the products to be sold by the permitted establishment and shall conform to the following standards:
(1) The design shall contain the brand name of the alcoholic beverage being offered at the permitted establishment. No design shall contain any brand name which, standing alone or in association with other printed or graphic matter, creates any misleading impression or inference as to the age, origin, identity, or other characteristic of the product. The design shall contain a statement, if FD & C Yellow No. 5 is used in the product, in conformance with 27 CFR § 7.22(4). If the product contains saccharin the design shall contain a statement in conformance with 27 CFR § 7.22(5);
(2) The design shall state the class of malt beverage and, if desired, the type of malt beverage may be stated. Statements of class and type shall conform to the designation of the product as known to the trade;
(3) The design shall carry, in type not smaller than ten (10) points in size, the name of the microbrewery-restaurant operation brewing and selling the alcoholic beverages. The type face shall be of a plain Gothic or Roman design;
(4) If the manufacturer desires to make a statement of alcohol content of any beer product, the manufacturer shall be guided by the provisions of Section 2.17 of these Regulations in this regard. In regard to the sale of malt beverage products, the manufacturer shall be guided by the provisions of Section 2.17 of these Regulations. In addition, no words shall be used in the design such as “strong”, “full strength”, or similar words which imply alcohol content;
(5) All information, other than the brand name, shall be in the English language. Additional statements in foreign languages may be made if desired, if the statements in the foreign language do not conflict with or contradict the statements made in the English language;
(6) No design shall contain any statement that is false or untrue in any particular, or that tends to create a misleading impression. No design shall contain any statement that is disparaging of a competitor’s product. No design shall contain any statement, device or other representation which is obscene or indecent. No design shall contain any statement, device or representation relating to analysis, standards, or tests of malt beverage products. No design shall offer any statement, device, or representation relating to any guarantee and permittees are prohibited from offering money-back guarantees on beer and malt beverage products they sell. No design shall resemble or simulate a stamp of the United States government or the State of Arkansas or any other state or foreign government. No design shall contain any flags, seals, coat of arms or crests, nor shall it contain any curative or therapeutic claims. No design shall use any numerals, statements or other devices in the forms of numerals, letters, characters, figures or otherwise which are likely to be considered as statements of alcohol content;
(7) Except as specifically provided above, the Director shall be generally guided by the provisions of 27 CFR § 7.20, et seq. in considering whether a design of a permittee may be used in the state;
(8) In the event of claims of trademark infringement, service mark infringement, or other such competing claims between microbrewery-restaurant operations, all such claims shall be resolved outside the Alcoholic Beverage Control Division under such provisions of law that may apply to such disputes. (Amended 7-19-95)
Sections 2.61 – 2.69 Reserved