§ 3-9-213 - Gross receipts and supplemental taxes on sale of alcoholic beverages.
               	 		
3-9-213.    Gross receipts and supplemental taxes on sale of alcoholic beverages.
    (a)  The  sale of alcoholic beverages pursuant to this subchapter shall be  subject to the Arkansas Gross Receipts Act of 1941,    26-52-101 et seq.,  as amended.
(b)    (1)  In  addition, there is levied a supplemental tax of ten percent (10%) upon  the gross proceeds or gross receipts from the sale of alcoholic  beverages pursuant to this subchapter.
      (2)    (A)  In  addition to the tax levied under subdivision (b)(1) of this section, a  supplemental tax of four percent (4%) is levied on the gross proceeds or  gross receipts from the sale of alcoholic beverages under this  subchapter.
            (B)  However, the  tax levied under subdivision (b)(2)(A) of this section shall not apply  to gross proceeds or gross receipts from the sale of beer or wine.
(c)    (1)  The  supplemental tax shall be reported and paid to the Director of the  Department of Finance and Administration in the same manner and at the  same time as the gross receipts tax and shall be subject to such  reasonable rules and regulations as the director may prescribe,  including the maintenance of permanent records showing all purchases and  sales of alcoholic beverages.
      (2)    (A)  The  tax levied under subdivision (b)(2) of this section shall be credited  as special revenues to the University of Arkansas Medical Center Fund.
            (B)    (i)  The  funds credited under subdivision (c)(2)(A) of this section shall be  used exclusively for making loan repayments for construction projects  authorized by Acts 1989 (1[st] Ex. Sess.), No. 261, until the loan is  paid in full.
                  (ii)  After  the Chancellor of the University of Arkansas for Medical Sciences  certifies in writing to the Chief Fiscal Officer of the State that the  loan has been repaid in full, then revenue from the tax collected under  subdivision (b)(2) of this section may be used for any purpose  authorized by law.
(d)  The taxes  herein prescribed may be passed on to the consumer and shall be in lieu  of all other special taxes at the retail level.
(e)  Wine  shall not be defined as a mixed drink for the purposes of      3-9-221 --  3-9-225 and shall not be subject to the supplemental tax of twelve  percent (12%).
(f)    (1)  The  Department of Finance and Administration shall notify the city or county  of an audit for the supplemental tax on the sale of alcoholic beverages  consumed on the premises if:
            (A)  The department audits a taxpayer;
            (B)  The department makes an assessment related to the audit against the taxpayer; and
            (C)  The  taxpayer operates in a city or county that imposes a supplemental tax  on the sale of alcoholic beverages consumed on the premises under     3-9-214.
      (2)  The city or county  may use this information to administer its supplemental tax on the sale  of alcoholic beverages consumed on the premises.
      (3)  A  city or county provided information under this subsection is subject to  all of the confidentiality requirements of    26-18-303.