2018 Arkansas Code
Title 3 - Alcoholic Beverages
Chapter 5 - Beer and Wine -- Manufacture, Sale, and Transportation Generally
Subchapter 17 - Direct Shipment of Vinous Liquor Act
§ 3-5-1710. Permits -- Drawing -- Issuance

(a)

• (1) Within sixty (60) days after April 3, 2017, the Alcoholic Beverage Control Board shall notify by mail all small farm wineries licensed under § 3-5-1602 and holding a small farm wine wholesale permit under § 3-5-1602(c)(1)(E) issued on or before April 15, 2017, that they are eligible for a small farm winery private-resident shipping permit if the winery produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year as shown on the winery's TTB F 5120-17.

• (2) The board shall issue a small farm winery private-resident shipping permit to a small farm winery holding a small farm wine wholesale permit under § 3-5-1602(c)(1)(E) issued on or before April 15, 2017, upon receipt of the following:

  • (A) Proof that the winery produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year as shown on the winery's TTB F 5120-17; and

  • (B) Payment of a licensing fee of twenty-five dollars ($25.00).

(b)

• (1) In each subsequent year, the board may issue up to five (5) small farm winery private-resident shipping permits to small farm wineries licensed under § 3-5-1602 and holding a small farm wine wholesale permit under § 3-5-1602(c)(1)(E) issued after April 15, 2017, if the winery produced by fermentation at least eight hundred gallons (800 gals.) of wine in the previous calendar year as shown on the winery's TTB F 5120-17.

• (2) The board shall notify the public at large by legal notice and internet posting that the board will accept applications for small farm winery private-resident shipping permits.

• (3) The notice required under subdivision (b)(2) of this section shall include:

  • (A) The number of permits to be issued;

  • (B) The last date applications will be accepted; and

  • (C) The date of a drawing to determine which applicants will be awarded a permit if the number of applicants exceeds the number of permits authorized by the board.

• (4) The board shall not accept an application more than ninety (90) days after the date of publication of the notice required under subdivision (b)(2) of this section.

• (5)

  • (A) If the number of applicants for a permit exceeds the number of permits authorized by the board, the Director of the Alcoholic Beverage Control Division shall conduct a drawing not earlier than one hundred twenty (120) days after the publication of the notice specified in subdivision (b)(2) of this section, nor later than one hundred eighty (180) days after publication of the notice.

  • (B)

    • (i) On the date of the drawing, each applicant for a permit or his or her agent shall draw a number between one (1) and a number equal to the number of permits to be granted of applications filed.

    • (ii) Position numbers shall not be transferred or assigned.

• (6) Upon payment of a licensing fee of twenty-five dollars ($25.00), the director shall issue a permit to each eligible licensee that draws a number one (1) through the number authorized by the board for the drawing.

(c) A small farm winery shall renew its small farm winery private-resident shipping permit each year with the division by paying a renewal fee of twenty-five dollars ($25.00).