An Arkansas Native Brewery, as defined in Act 1805 of 2003, is authorized to seek permission from the Alcoholic Beverage Control Division for permission to conduct a beer tasting event for educational and promotional purposes in any wet area of the state. Application for permission to distribute beer samples must be received by the Alcoholic Beverage Control Division at least three (3) weeks prior to the event. Written notice of the application shall be mailed by the Alcoholic Beverage Control Division to the law enforcement officer who has primary jurisdiction over the site where the event will be held. If the Director finds that circumstances exist which precluded the timely filing of the application with the Alcoholic Beverage Control Division, written approval of the event by the law enforcement officer having primary jurisdiction over the site of the event must accompany any such late filed application received by the Alcoholic Beverage Control Division.

The request must be submitted with authorization from the land owner or the party exercising legal control over the area where the event will be held. The application for permission must describe the area where the event will be held including the size and dimensions of the area and the request must clearly describe the character of the location. Beer tasting events conducted by Arkansas native brewer permittees may be held in any facility in any wet area of the state permitted by the Alcoholic Beverage Control Division if written notice is given to the Alcoholic Beverage Control Division as previously described.

The criminal penalties for drinking in public as prohibited by ACA § 5-71-212 are not applicable to any beer and malt beverage tasting event approved by the Alcoholic Beverage Control Division under Act 1805 of 2003.

As used in this Regulation, beer or malt means any malt beverage product manufactured by an Arkansas native brewer permittee. Samples may be distributed Monday through Friday between the hours of 7:00 a.m. and 1:00 a.m. the next day. On a Saturday, samples may be distributed only between the hours of 7:00 a.m. and 12:00 midnight. No sampling activity may take place on a Sunday unless the event is taking place in an area which has voted for the sale of liquor by the drink on a Sunday and, in such event, samples may be distributed between the hours of 12:00 noon and 10:00 p.m. or such lesser period of time as may be provided by local ordinance for the retail sale of alcoholic beverages on a Sunday.

Any action by the Director in granting or denying such application is appealable to the Alcoholic Beverage Control Board pursuant to Section 1.51 of these Regulations, provided that such action on the part of the Director shall be effective immediately without the requirement of such action being ratified by the Alcoholic Beverage Control Board at the next Board meeting.