2017 Arkansas Code
Title 3 - Alcoholic Beverages
Chapter 5 - Beer and Wine -- Manufacture, Sale, and Transportation Generally
Subchapter 18 - Wine Sales in Grocery Stores
§ 3-5-1802. Grocery store wine permit -- Fees

Universal Citation: AR Code § 3-5-1802 (2017)
  • (a) A grocery store may apply to the Alcoholic Beverage Control Board for a grocery store wine permit.
  • (b)
    • (1) A grocery store wine permit allows a permittee to purchase and sell wine for off-premises consumption at a single location.
    • (2) Wine inventory orders or purchases, or both, shall be made only by a permittee for delivery to a single permitted location.
    • (3) An order of wine inventory for one location shall not be combined with an order for another location in a manner that would result in a cumulative discount or quantity discount, or both.
  • (c) A grocery store seeking a grocery store wine permit shall meet the criteria for the holder of an off-premises retail beer permit in addition to the criteria established in this section.
  • (d) (l) For the privilege of selling wine in a grocery store, each grocery store shall pay a grocery store wine permit fee based on the size of the permitted building space.
    • (2) The fee shall be:
      • (A) One thousand dollars ($1,000) for a permitted building space containing less than thirty-five thousand one square feet (35,001 sq. ft.);
      • (B) Two thousand five hundred dollars ($2,500) for a permitted building space containing between thirty-five thousand one square feet (35,001 sq. ft.) and fifty thousand square feet (50,000 sq. ft.);
      • (C) Three thousand five hundred dollars ($3,500) for a permitted building space containing between fifty thousand one square feet (50,001 sq. ft.) and seventy-five thousand square feet (75,000 sq. ft.); and
      • (D) Five thousand dollars ($5,000) for a permitted building space containing more than seventy-five thousand square feet (75,000 sq. ft.).
  • (e) One hundred percent (100%) of the fee shall be paid into the Arkansas Wine Grants Fund.
  • (f) A grocery store wine permittee may conduct tasting events for educational and promotional purposes on the permittee's premises after obtaining a wine sampling permit from the Alcoholic Beverage Control Division under § 3-5-104.
  • (g)
    • (1) A grocery store seeking a grocery store wine permit may derive no more than twenty percent (20%) of its gross sales from the sale of alcoholic beverages.
    • (2) However, the requirement under subdivision (g)(1) of this section does not apply to an otherwise qualifying grocery store that, as of January 1, 2017, derives more than twenty percent (20%) of its gross sales from the sale of alcoholic beverages.
  • (h) A grocery store wine permittee shall offer for sale small farm winery wine as defined in § 3-5-1601 et seq.
  • (i) A grocery store wine permit shall be available for issue only in a county in which the retail sale of alcohol under § 3-4-604 was authorized as of January 1, 2017.
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