Definitions

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  1. (a) As used in this title unless otherwise provided:

    1. (1) “Block” means the area on both sides of that portion of a street lying between intersecting streets and extending back, on both sides, halfway to the next parallel street;

    2. (2) “Dispensary” means any store which, under the provisions of this title unless otherwise provided and having paid all taxes required by the state, sells at retail, in unbroken packages, for consumption off the premises, any intoxicating alcoholic liquor as defined by this title unless otherwise provided;

    3. (3) “Excluded felony offense” means:

      1. (A)

        1. (i) A felony offense as determined by the jurisdiction where the felony offense occurred.

        2. (ii) The Alcoholic Beverage Control Division shall determine whether an offense is a felony offense based upon a review of the relevant court records concerning the conviction for the offense; or

      2. (B) A violation of a state or federal controlled-substance law that was classified as a felony in the jurisdiction where the person was convicted, but not including:

        1. (i) An offense for which the sentence, including any term of probation, incarceration, or supervised release, was completed ten (10) or more years earlier; or

        2. (ii) An offense that has been sealed by a court or for which a pardon has been granted;

    4. (4) “Hard cider” means liquor brewed from the fermented juices of fruit and containing more than three percent (3%) and not more than twenty-one percent (21%) of alcohol by weight;

    5. (5)

      1. (A) “Malt” means liquor brewed from the fermented juices of grain and containing more than five percent (5%) of alcohol by weight.

      2. (B) Beer containing not more than five percent (5%) of alcohol by weight and all other malt beverages containing not more than five percent (5%) of alcohol by weight are not defined as “malt liquors” and are excepted from each and every provision of this act;

    6. (6) “Manufacturer” means any person engaged in the business of distilling, brewing, making, blending, rectifying, or producing for sale in wholesale quantities alcoholic liquors of any kind, including whiskey, brandy, cordials, liquors, ales, beers, hard cider, or other liquids containing alcohol, except wines;

    7. (7) “Person” means any and all corporations, partnerships, associations, or individuals;

    8. (8) “Sealed” means to expunge, remove, sequester, and treat as confidential the record or records of a felony offense;

    9. (9) “Spirituous” means liquor distilled from the fermented juices of grain, fruits, or vegetables and containing more than twenty-one percent (21%) of alcohol by weight, or any other liquids containing more than twenty-one percent (21%) of alcohol by weight; and

    10. (10) “Vinous” means the fermented juices of fruits, except native wine, containing more than five percent (5%) and not more than twenty-one percent (21%) of alcohol by weight.

  2. (b) All other words used in this act shall be defined according to the statutes in such case made and provided, if any, and otherwise shall be defined according to the custom and usage of the people of Arkansas.


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