§ 3-5-1202 - Definitions. - Arkansas Statutes

3-5-1202. Definitions.

As used in this subchapter, unless the context otherwise requires:

(1) "Barrel" means thirty-one (31) gallons;

(2) "Beer" means any fermented liquor made from malt or any substitute therefor and having an alcoholic content not in excess of five percent (5%) by weight;

(3) "Beer and malt beverage law or regulation" means any law of this state, or any regulation promulgated and adopted with respect thereto, which is:

(A) Applicable to a person applying for or holding a license to manufacture beer or malt beverage; or

(B) Applicable to a person applying for or holding a license to sell beer or malt beverage in a restaurant for consumption on or off the licensed premises;

(4) "Board" means the Alcoholic Beverage Control Board of this state, or its successor agency;

(5) "Conflicting beer or malt beverage law or regulation" means any beer or malt beverage law or regulation which prohibits or conflicts with the otherwise legal licensing and operation of microbrewery-restaurants, as authorized in this subchapter, by requiring any brewer to sell only to a licensed wholesaler, or requiring any licensed retailer to sell only beer or malt beverage purchased from a licensed wholesaler, or prohibiting any brewer or retailer from having any ownership or employment interest in the business of the other or the premises of the other, or requiring that the excise and enforcement tax on beer or malt beverage manufactured by a brewer be paid by a licensed wholesaler, or any beer or malt beverage law or regulation of similar direct or indirect effect;

(6) "Director" means the Director of the Alcoholic Beverage Control Division of this state, or its successor agency;

(7) "Dry area" means any area in this state in which the manufacture or sale of beer is prohibited by a local-option election heretofore or hereafter held pursuant to applicable laws of this state;

(8) "Federal regulations" means regulations adopted by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives applicable to and consistent with a microbrewery-restaurant operation as authorized in this subchapter, incorporated herein by this reference, including, but not limited to, 27 CFR Part 25, 25.25;

(9) "Malt beverage" means any liquor brewed from the fermented juices of grain and having an alcoholic content of not less than five percent (5%) nor more than twenty-one percent (21%) by weight;

(10) "Person" means any natural person, partnership, association, or corporation; and

(11) "Restaurant" means any public or private place which is kept, used, maintained, advertised, and held out to the public or to a private or restricted membership as a place where complete meals are actually and regularly served, such place being provided with adequate and sanitary kitchen and dining equipment and a seating capacity of at least fifty (50) people and having employed a sufficient number and kind of employees to prepare, cook, and serve suitable food for its guests or members. At least one (1) meal per day shall be served, and the place shall be open a minimum of five (5) days per week, with the exception of holidays, vacations, and periods of redecorating.