Rules & Regulations Pursuant to authority contained within Arkansas ABC Regulation 2.19, the following Order is promulgated and adopted to set forth the sizes of containers, and combinations thereof, in which all sales of all beverages for consumption off premises shall be made: 1. Approved sizes and combinations for the sale of malt beverages and light wine for consumption off premises:d a. One 1/2 barrel container or a 13.2 gallon or 13.5 gallon container; b. One 1/4 barrel container or 7.9 gallon or 10.8 gallon container; c. One 1/6 barrci container or 20 liter or 25 liter or 6.0 gallon container; d. One 1/8 barrel container; e. One 5 liter container or 2 gallon container, or 3 liter container, or 1.26 gallon container: f. One 65 oz. or 2 liter container; g. One 40 or 45 oz, or 46.5 oz., 50.7 oz. Or 59.2 oz. container or 1.75 liter container; h. One 32 oz. or 1 liter container; i. One 16.9 oz., 18 oz., 18.5 oz., 18.6 oz., 18.7 oz., 19.25 oz., 20 oz., 21.4 oz., 21.6 oz., 22 0%., 22.302., 224. 07., 23.5 (2., 24 02., 24.30u., 25 OZ., or 25.4 oz. container; j. 18, 12, 9, 8, 6, 4, or 2 pack of any 16 oz. container:
Rules & Regulations View the 2018 report that shows the economic impact of the beer industry in Arkansas.
Rules & Regulations 1. All Suppliers shall offer any product sold to any Wholesaler in Arkansas to all Wholesalers in Arkansas on the same terms and conditions. 2. Prepaid shipment invoices shall include either: (1) the same FOB-source for each product regardless of the source, plus a freight charge calculated on the same proportionate basis for each Wholesaler regardless of the source; or (2) the same delivered price for all Wholesalers. A fuel surcharge is considered a part of the freight charge and shall be applied uniformly for all Wholesalers. The source for each Wholesaler shall be the Supplier's shipping location closest to the Wholesaler's physical warehouse location. A Supplier shall charge each Wholesaler for shipments from a shipping location other than the Wholesaler's source the same amount as if the shipment was from the Wholesaler's source, even if the amount paid by the Wholesaler for shipments from the Wholesaler's source is an amount contracted by the Wholesaler with a third-party carrier. A Supplier shall charge a pro-rata amount for LTL shipments based on the amount charged for a standard FTL from the Wholesaler's source. 3. Any other fees or charges related to product supply from a Supplier shall be the same for all Wholesalers. 4. Suppliers shall be allowed to offer unconditional rebates to all Wholesalers for sales of specific products from Wholesalers to licensed Retailers within a specified temporary period, which shall not be less than 14 consecutive days in duration. Temporary price reductions shall not be offered in any other form. 5. Quantity discounts from Suppliers to Wholesalers are not allowed. 6. Suppliers shall remit rebate amounts to Wholesalers before the tenth day of each month for all sales subject to rebates during the previous month. Rebates may be made more frequently at the discretion of the Supplier 7. Suppliers shall provide quantities of products to each Wholesaler on a timely basis sufficient to meet all orders or forecasted sales. Timely basis is defined as (1) a confirmed delivery date of a specific order, or (2) sufficient inventory on-hand at a Wholesaler's location to meet the forecasted sales prior to the beginning of the forecasted period. In the event a Supplier shall have inadequate quantities of a product to meet the cumulative statewide wholesale demand on a timely basis, the Supplier may apportion the available quantities according to a plan subject to the approval of the Director. Otherwise, a Supplier may not unilaterally increase or decrease any Wholesaler order or forecasted sales quantity. In the event a eus Supplier fails to provide product subject to a rebate to any Wholesaler on a timely basis as defined above regardless of the reason, the Supplier shall extend the rebate period for all Wholesalers until one week after the product is available for delivery to each Wholesaler. 8. Suppliers shall not offer any other discriminatory financial support to any Wholesaler in any form. A Supplier may be required to submit all financial transactions with all Wholesalers as requested by the Director and may be subject to an audit of such transaction as deemed necessary by the Director. 9. A Supplier shall post the following information with the Director and with each Wholesaler in Arkansas at the same time and in its most current form: FOB-Source for all products offered in Arkansas, freight charges and source location for each Wholesaler; other product supply fees, and temporary rebate periods, products subject to rebates during the rebate period, and the rebate amount for each product.
Rules & Regulations A supplier shall not do the following: (1) Fail to provide to each wholesaler of the supplier's brand or brands with a written agreement which contains, in total, the supplier's agreement with each wholesaler and designates a specific exclusive sales territory. Any agreement which is in existence on January 31, 1991, shall be renewed consistent with this subchapter, provided that this subchapter may be incorporated by reference in the agreement. Provided, however, nothing contained herein shall prevent a supplier from appointing, one (1) time for a period not to exceed ninety (90) days, a wholesaler to temporarily service a sales territory not designated to another wholesaler, until such time as a wholesaler is appointed by the supplier, and such wholesaler who is designated to service the sales territory during this period of temporary service shall not be in violation of this subchapter, and, with respect to the temporary service territory, shall not have any of the rights provided under $$ 3-5-1108 and 3-5-1111; (2) Fix, maintain, or establish the price at which a wholesaler shall sell any beer; (3) Enter into an additional agreement with any other wholesaler for, or to sell to any other wholesaler, the same brand or brands of beer in the same territory or any portion thereof, or to sell directly to any retailer in this state; (4) Require any wholesaler to accept delivery of any beer or other commodity which has not been ordered by the wholesaler. Provided, however, a supplier may impose reasonable inventory requirements upon a wholesaler if the requirements are made in good faith and are generally applied to other similarly situated wholesalers who have an agreement with the supplier; (5) Require any wholesaler to accept delivery of any beer or other commodity ordered by a wholesaler if the order was properly cancelled by the wholesaler in accordance with the supplier's procedures; (6) Require any wholesaler to do any illegal act or to violate any law or regulation by threatening to amend, modify, cancel, terminate, or refuse to renew any agreement existing between the supplier and wholesaler; (7) Require a wholesaler to assent to any condition, stipulation, or provision limiting the wholesaler's right to sell the brand or brands of beer of any other supplier unless the acquisition of the brand or brands of another supplier would materially impair or adversely affect the wholesaler's quality of service, sales, or ability to compete effectively in representing the brand or brands of the supplier presently being sold by the wholesaler; provided the supplier shall have the burden of proving that such acquisition of such other brand or brands would have such effect;