Arkansas 2023 Regular Session

Arkansas House Bill HB1498 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 334 of the Regular Session
3	2		CRH159 03-07-2023 09:27:35 CRH159
4	3
5	4		State of Arkansas As Engrossed: H3/7/23 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 HOUSE BILL 1498 3
8	7		4
9	8		By: Representatives M. Brown, Magie 5
10	9		By: Senators Irvin, J. Bryant 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO AMEND THE LAW REGARDING ALCOHO LIC 9
14	13		BEVERAGES; TO AMEND THE LAW RELATED TO M ICROBREWERY-10
15	14		RESTAURANT PRIVATE C LUBS; TO PERMIT A MI CROBREWERY-11
16	15		RESTAURANT PRIVATE C LUB PERMITTEE TO STO RE AND SELL 12
17	16		SPIRITUOUS LIQUOR TO MEMBERS FOR ON-PREMISES 13
18	17		CONSUMPTION; TO PROVIDE DISCRETIO N RELATED TO 14
19	18		REVOCATION OF A MICR OBREWERY-RESTAURANT PRIVATE C LUB 15
20	19		PERMIT; TO INCLUDE M ICROBREWERY-RESTAURANT PRIVATE 16
21	20		CLUBS AS A TYPE OF E NTITY PERMITTED IN A N 17
22	21		ENTERTAINMENT DISTRI CT; AND FOR OTHER PU RPOSES. 18
23	22		19
24	23		20
25	24		Subtitle 21
26	25		TO AMEND THE LAW RELATED TO MICROBREWERY -22
27	26		RESTAURANT PRIVATE CLUBS. 23
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29	28		25
30	29		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
31	30		27
32	31		SECTION 1. Arkansas Code § 3 -5-1901, concerning definitions related to 28
33	32		microbrewery-restaurant private clubs, is amended to add an additional 29
34	33		subdivision to read as follows: 30
35	34		(9) "On-premises consumption" means the sale of alcoholic 31
36	35		beverages by the drink or in broken or unsealed containers for consumption: 32
37	36		(A) On the premises where sold; or 33
38	37		(B) Within the boundaries of a designated entertainment 34
39	38		district established under § 14 -54-1412 that is contiguous with the premises. 35
40	39		36 As Engrossed: H3/7/23 HB1498
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45	44		SECTION 2. Arkansas Code § 3 -5-1904(a)(2) and (3), concerning the 1
46	45		scope of a microbrewery -restaurant private club permit, are amended to read 2
47	46		as follows: 3
48	47		(2)(A) Store beer, malt beverage, and hard cider manufactured by 4
49	48		the microbrewery-restaurant private club and any other beer, malt beverage, 5
50	49		and hard cider, and spirituous liquor that the microbrewery -restaurant 6
51	50		private club permittee may purchase from retailers and small brewers 7
52	51		permitted by this state on the microbrewery -restaurant private club permitted 8
53	52		premises and on the premises of the one (1) separate brewing facility of a 9
54	53		microbrewery-restaurant private club authorized under subdivision (a) (8) of 10
55	54		this section. 11
56	55		(B) Two (2) or more microbrewery -restaurant private clubs 12
57	56		sharing common ownership or a brewery of any size sharing common ownership 13
58	57		with a microbrewery-restaurant private club shall be considered one (1) 14
59	58		entity for purposes of: 15
60	59		(i) Calculating barrel production; and 16
61	60		(ii) The transportation of beer, malt beverage, or 17
62	61		hard cider produced by one (1) entity among no more than three (3) 18
63	62		microbrewery-restaurant private clubs of the one (1) entity; 19
64	63		(3) Operate a restaurant th at: 20
65	64		(A) is Is the sales outlet for beer, malt beverage, or 21
66	65		hard cider manufactured by the microbrewery -restaurant private club ; and 22
67	66		(B) that sells Sells the beer, malt beverage, or hard 23
68	67		cider and any other beer, malt beverage, hard cider, or wine, or spirituous 24
69	68		liquor that the microbrewery -restaurant private club permittee may purchase : 25
70	69		(i) from From retailers permitted by this state for 26
71	70		on-premises consumption on the permitted premises ; or 27
72	71		(ii) purchased directly Directly from permitted 28
73	72		small brewers allowed to distribute directly to the microbrewery -restaurant 29
74	73		private club; 30
75	74		31
76	75		SECTION 3. Arkansas Code § 3 -5-1904(d), concerning advertising by a 32
77	76		microbrewery-restaurant private club, is amended to read as follows: 33
78	77		(d)(1) A Except as provided in subdivision (d)(2) of this section, a 34
79	78		microbrewery-restaurant private club, as described in this subchapter, shall 35
80	79		not use advertising media to promote the consumption and use of alcoholic 36 As Engrossed: H3/7/23 HB1498
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85	84		beverages or to advertise or announce the price of servic e of alcoholic 1
86	85		beverages for on-premises consumption in a county where voters have not 2
87	86		authorized the sale of intoxicating liquor in a local option election under 3
88	87		Initiated Act No. 1 of 1942, as amended, §§ 3 -8-201 — 3-8-203, and 3-8-205 — 4
89	88		3-8-209. 5
90	89		(2) The prohibition on advertising or promoting the consumption 6
91	90		and use of alcoholic beverages under subdivision (d)(1) of this section does 7
92	91		not apply to a microbrewery -restaurant private club advertisement consisting 8
93	92		solely of the name of the microbrewery -restaurant private club. 9
94	93		10
95	94		SECTION 4. Arkansas Code § 3 -5-1905(b), concerning the penalty on a 11
96	95		microbrewery-restaurant private club permit holder related to prohibited 12
97	96		sales, is amended to read as follows: 13
98	97		(b) If a permittee sells, barters, loans, or gives away an alcoholic 14
99	98		beverage in violation of this subchapter or other alcoholic beverage control 15
100	99		laws of this state, the permit of the club shall may be revoked. 16
101	100		17
102	101		SECTION 5. Arkansas Code § 3 -5-1906(1), concerning the state 18
103	102		permitting fee paid by a microbrewery -restaurant private club permittee, is 19
104	103		amended to read as follows: 20
105	104		(1) Pay the applicable city or county permit fees and barrelage 21
106	105		or taxes and shall pay a state permitting fee to the Alcoholic Be verage 22
107	106		Control Division of seven hundred fifty dollars ($750) per fiscal year to 23
108	107		manufacture and sell to members its beer, malt beverages, and hard cider for 24
109	108		on-premises consumption on the premises and to sell to members other beer, 25
110	109		malt beverages, and hard cider, and spirituous liquor purchased from a 26
111	110		permitted wholesaler retailer for on-premises consumption on the premises; 27
112	111		28
113	112		SECTION 6. Arkansas Code § 14 -54-1412(a)(2), concerning the definition 29
114	113		of a "designated entertainment district", is amended to rea d as follows: 30
115	114		(2) Contains any number and any combination of restaurants, 31
116	115		taprooms, taverns, entertainment establishments, hospitality establishments, 32
117	116		music venues, theaters, bars, private clubs, microbrewery-restaurant private 33
118	117		clubs, art galleries, art studios, tourist destinations, distilleries, dance 34
119	118		clubs, cinemas, or concert halls. 35
120	119		36 As Engrossed: H3/7/23 HB1498
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