Section 5.56
Sale of Membership
to Applicant at the Time of Entry Into Club - Application for Membership Only
Required When Distilled Spirits Drink or Beverage Made from Distilled Spirits
Product is Ordered - Optional "New Member Discount". Any
private club permittee located within a wet area, under the terms of Act 1371
of 1999, as applies to the dispensing or consumption of alcoholic beverages,
shall require a person to become a member of the private club only when that
person orders a distilled spirits drink or a beverage made from distilled
spirits products. No membership application is required. No "guest" status (for
the purpose of ordering a distilled spirits drink), as provided for private
clubs in dry areas, is allowed.
Provided, private
clubs may elect, upon written notice to this agency, to operate the private
club in accordance with the regulations promulgated by this agency prior to the
passage of Act 1371 of 1999.
To satisfy the statutory requirements for membership, a fee of not less
than $5.00 must be assessed each person joining the private club. On the same
date that a person joins the private club, the private club permittee may issue
a credit of up to $5.00 against the purchases and charges assessed to the new
member as a "new member discount". However, the permittee shall compute and
remit to the Director of the Department of Finance and Administration the gross
receipts tax, supplemental mixed drink tax and all other applicable taxes on
the total charge to the new member for alcoholic beverages, membership fee and
other purchases without regard to the optional $5.00 discount. The discount, if
allowed, shall be subtracted from the sum of the applicable taxes and all
purchases by the member.
Section
3.19(5)
Sale of Controlled Beverages for Other Than
Cash, Check, or Nationally Recognized Credit Card Prohibited.
The permittee or any employee, agent or servant of the permittee sold or
dispensed any controlled beverages for any consideration other than cash,
nationally recognized credit card, or check dated the same day as the sale.
Nationally recognized credit card shall mean, but is not limited to VISA,
Mastercard, American Express, Diners Club, Carte Blanche, Discover, major oil
company credit cards, or others of the same nature and type. Further, any
permittee may sell gift certificates to any person permitted by these
regulations which may be redeemed for alcoholic beverages on a subsequent date
by any person permitted by these regulations.
Section 1.79(27)
Allowing
Alcoholic Beverages to be Carried From Any On Premises Alcoholic Beverage
Outlet or Private Club. The permittee allowed any patron to
exit the permitted premises carrying any open container of alcoholic beverages
or allowed any patron to exit any on premises retail beer outlet carrying
sealed alcoholic beverages in any combination not authorized by the Director
for off premises sales. Private clubs and hotel-motel-restaurant mixed drink
permitted outlets are not allowed to sell any alcoholic beverages to be taken
off the permitted premises. Provided, (1) those
establishments holding an on premises wine restaurant or cafe permit,
hotel-motel-restaurant mixed drink permit, or private club permit, may allow a
customer, who purchases an unsealed package of wine in conjunction with a food
purchase and consumes a portion of the wine on the premises with the meal, to
replace the cork and remove the partially filled package from the premises and
(2) patrons may walk back and forth with an alcoholic beverage between a
private club permitted premises and another contiguous permitted premises when
both premises are a part of the same business operation and the alcoholic
beverage is a type permitted by both premises.
Section 1.79(19)
Consuming
Controlled Beverages While on Duty. The permittee or any agent,
servant or employee consumed alcoholic beverages or was under the influence of
alcoholic beverages while on duty on the permitted premises. "Duty" shall
include the sale or service of alcoholic beverages and/or crowd control. In
determining whether the permittee or any agent, server or employee is otherwise
on duty the Director or Board may consider, among other factors, the size of
the permitted establishment, the number of employees working at the time, and
whether the permittee has a manager on the premises.
Section 1.79(32)
Failure to be
a Good Neighbor. The policy of the Arkansas General Assembly,
per Act 695 of 1989, and the ABC Board, which is empowered to adopt Regulations
thereunder, is that every holder of an ABC license shall be held to a high duty
of care and will operate their business where beverages are sold or dispensed
in a manner which is in the public interest and which does not endanger the
public health, welfare, or safety. Failure to maintain this duty of care shall
be a violation of the Act and shall constitute grounds for the application of
the full range of administrative sanctions and penalties against the subject
license.
Any inquiry made under the provisions of this Regulation or Act 695 of
1989 shall be whether or not the outlet, as operated, promotes the public
convenience and advantage or whether continuation of the operation of the
outlet would promote the public interest and whether or not the outlet's
operation endangers the public health, welfare, or safety in the area of a
community in which it is located. It is specifically provided that during any
hearing called under the provisions of this Regulation or the aforementioned
Act the permitted outlet may be viewed as if it were a new application and all
factors involved in the processing of the application may be re-determined as
if the application was being made for the first time.
In addition to all factors which may be used on an initial application,
inquiry may be made upon the control, or lack thereof, that the permittee
exercises over parking lots and other areas adjacent to the permitted outlet
which are under the direct control of the permittee. In addition, the permittee
may be held accountable under this Section for disorderly conduct and for
excessive noise or loud music from his outlet and which is of such volume and
such degree as to constitute a disturbance of the peace.
Section 3.19(3)
Closing Hours.
The permittee or any agent, servant or employee of the
permittee sold, offered for sale, dispensed, gave away or allowed the
consumption of any controlled beverages at any time prohibited by law,
including the following:
A. Sundays, Mondays
between 12:00 a.m. and 1:00 a.m., or on any other days between the hours of
1:00 a.m. and 7:00 a.m.
Provided, that this
Regulation shall not conflict with the ordinance of any city or town. In
addition, the governing body of any city or town may fix later closing hours
for the permitted premises of a hotel or restaurant which in no event shall be
later than two (2) hours after midnight on Saturday night; (Amended 7-19-95 )
It is further provided that any establishment which has a Sunday
alcoholic beverage permit as authorized by law shall be able to sell alcoholic
beverages and allow the possession and consumption thereof on a Sunday between
the hours of 12:00 noon and 10:00 p.m., or within a lesser period of time as
authorized by city or county ordinance. It is further provided that if a city
or county has held an election under the provisions of Act 857 of 1999,
legalizing the sale of alcoholic beverages on a Sunday by all permittees
located within their jurisdiction, then such retail sales shall be lawful
between the hours of 12:00 noon and 10:00 p.m., or within a lesser period of
time as authorized by city or county ordinance. (Amended 8-18-99 )
It is further provided that when Sunday falls on December
31st of any year, such Sunday alcoholic beverage
permit holder, or any on premises consumption permit holder in an area that has
opted for the sale of alcoholic beverages on Sunday, may sell alcoholic
beverages for on premises consumption between the hours of 12:00 noon on Sunday
and 2:00 a.m. on the following Monday unless the city or county establishes by
ordinance a lesser period of time in which alcoholic beverages may be sold for
on premises consumption by restaurants and hotels on New Year's Eve.
B. Christmas Day;
C. Deleted 12-15-89
D. Under the provisions of Act 305 of 1999,
if a permittee is cited by a local jurisdiction for operating during hours
prohibited by local city ordinance or by local county quorum court ordinance,
and if such hours of operation for which the permittee is cited are more
restrictive than the general hours of operations established by the ABC
Division or by the Arkansas General Assembly for a retail or private club
permit, then such violation shall only be heard by a local court of competent
jurisdiction and such violation shall not be considered to be an administrative
violation against the permit issued by the ABC Division. (Adopted 8-18-99
)
Section 3.19(10)A.
Employment of Certain Persons Prohibited. The
permittee knowingly had in his employment any person who is not qualified by
reason of these Regulations or by reason of any Alcoholic Beverage Control Law
of the State of Arkansas for the position to which such person was employed,
including but not limited to, any of the following persons;
A.
A Person Convicted of
Certain Laws. Any person in the serving or mixing of controlled
beverages, or in the dispensing of alcoholic beverages, the control of crowds
or entrance to the permitted premises, or the management of the business or
activities of the outlet who is a convicted felon whose felony conviction has
not been pardoned or record not expunged.
Provided, that those convicted felons whose
felony conviction does not involve bodily harm or the threat thereof to another
person or the use of a weapon, as such is defined in Section 1.79(33) of these
Regulations, may be employed in an ABC off premises permitted outlet.
Section 1.32.1
Applicant Must Attend Educational Seminar. Any
person who is applying for a retail alcoholic beverage license or private club
license must attend an educational seminar offered by the ABC Division.
Attendance at the seminar by the applicant shall be required prior to any
action on the application by the Director.
Provided, that such attendance is not required by
those applicants who have held a permit prior to the initial adoption of
Section 1.32.1 ( 8-17-88 ) and have continued to hold the permit to a point
within twelve months of filing a new application for the same type
permit.
Section 3.19(10)B.
A Person Under Twenty-One (21); Exceptions. Any
person less than twenty-one (21) years of age in the mixing, serving, selling
or handling of controlled beverages.
Provided,
that nothing in this Regulation shall prohibit a minor eighteen (18) years of
age or older to be employed as a musician or entertainer or to be employed in
the preparation or serving of food or in the housekeeping department of any
establishment licensed by this Agency; and nothing in this Regulation shall
prohibit a minor eighteen (18) years of age or older, with the written consent
of a parent or guardian, to be employed in the sale of beer at retail grocery
establishments, nor from being employed by licensed liquor and beer wholesalers
and by licensed native wineries to handle alcoholic beverages at the place of
business of the licensed wholesaler or winery; and further, nothing in this
Regulation shall prohibit a minor of any age to be employed as an entertainer
when the minor and his parent or guardian perform together as part of the same
show and the parent or guardian remains with the minor in a supervisory
capacity.
For purposes of this Regulation, retail grocery establishments shall
not include those establishments engaged in the sale of motor fuels which do
not maintain an inventory of human consumables (not including alcoholic
beverage products) in an amount in excess of fifty thousand dollars ($50,000).
The burden of providing this inventory requirement shall be on the
permittee.
Section 1.33(7)
Repealed
Section
1.33(8)
Retail Wine Permit Not to be Issued to any
Premises that is not a Restaurant Qualified to Hold Restaurant Wine Sales
Permit. No permit for the sale of retail wine for off premises
consumption shall be placed in a permitted premises for the sale of beer for on
premises consumption, unless said establishment shall be a restaurant qualified
to hold a restaurant wine sales permit. This Regulation will not be construed
to restrict retail liquor permit holders sales of native wines under retail
liquor permits or restrict the replacement of presently active retail wine
permits.
Section 4.17
Failure to Maintain Food Service Sales Ratio. Any
business that has received a Sunday alcoholic beverage permit shall maintain
the food sales ratio as called for in Act 766 of 1987 and defined therein for
the respective permits. Any business that fails to maintain the ratio shall
have its permit suspended, cancelled, or revoked. Establishments that hold a
permit must certify on an annual basis that they continue to meet the above
code provision requirement. Such certification shall accompany the business'
annual renewal application, and shall cover all of the business' operations for
the previous calendar year, or such portion thereof that the business has held
a Sunday alcoholic beverage permit.
It is further provided that any business that received a temporary
Sunday alcoholic beverage permit after January 1st
of any year, under the provisions of Section 1.20(17) of these Regulations,
shall not be required to furnish the above annual financial statement in order
to renew their permit by June 30th of the same
calendar year.
Section
1.79(25)
Employing a Convicted
Felon. The holder of any permit issued by this agency had in
employment during any hours the outlet was open for business in any capacity a
convicted felon whose felony conviction has not been pardoned or record not
expunged whose duties include the sale, service, or dispensing of alcoholic
beverages, the control of crowds or entrance to the permitted premises, or the
management of the business or activities of the outlet; such prohibited
employment shall include but not be limited to managers, bartenders,
waiters/waitresses, bouncers, door persons, and cashiers.
Provided, that those convicted felons whose
felony conviction does not involve bodily harm or the threat thereof to another
person or the use of a weapon, as such is defined in Section 1.79(33) of these
Regulations, may be employed in an ABC off premises permitted outlet.
Section 1.19(33)
Bed and
Breakfast Private Club Permit authorizes a corporation,
partnership, individual or limited liability corporation, whose primary
function is to provide overnight accommodations to the public, not exceeding a
total of twenty (20) guests rooms on the premises, whether operated by the
business owner or not, where the owner or a person representing the owner lives
on the premises, and where a breakfast meal is served to the lodging guests and
where there is no restaurant on the premises open to the public except for the
lodging guests, to serve beer and wine only to registered guests at the
establishment.
Section 2.28(6)
Samples Prohibited. That the manufacturer or
wholesaler gave samples to any person, said samples being either in unbroken
packages, partial packages or by the drink, except that a manufacturer or
wholesaler may give a sample of distilled spirits, wine, or malt beverages to a
retailer who has not previously purchased the brand from that manufacturer or
wholesaler. No manufacturer or wholesale may give to any retail outlet more
than three (3) gallons of any brand of malt beverage, 750 milliliters of any
brand of distilled spirits, or three (3) liters of any brand of wine.
Further, a wholesaler may provide retail package store owners or
employees with a small sample of any brand of wine or liquor not previously
purchased by such retail package store, with such sample not to exceed one (1)
ounce per owner or employee. Such samples shall be poured from bottles owned by
such wholesaler, brought into the retail package store by such wholesaler or
its employees, and removed from the retail package store premises immediately
after the conclusion of any such sampling activity. Any sampling conducted by a
wholesaler in accordance with this section shall not violate any other law or
regulation prohibiting possession of an open container on the premises of a
retail package store or violate any other law or regulation prohibiting an
employee of a retail package store from drinking while on duty.
Sampling parties may not be given to retailers, consumers or
prospective customers by manufacturers or wholesalers, except as permitted
herein, without prior written approval of the Director under such restrictions
or conditions as the Director may impose.
Manufacturer or wholesaler may give controlled beverages to charitable
or nonprofit organizations for on premises consumption only at non-profit
functions where such organization receiving the beverages does not hold a
permit to dispense alcoholic beverages, and further, where such function is
held in a "wet" area of the State. The donation of alcoholic beverages by
manufacturers or wholesalers may not occur on a "permitted premises" of a
permittee of this agency. Provided, that in
permitted areas of large attendance facilities which are owned or operated by
public entities, such as municipalities or divisions of a municipality or
county, or in public areas of hotel mixed drink permitted establishments which
are not primarily used for the sale and service of alcoholic beverages (e.g.,
convention halls, ballrooms), a donation may be made by a manufacturer or
wholesaler if the permittee at the large attendance facility or hotel mixed
drink permitted establishment indicates that they have no objections to the
donation being made on their permitted property. Under such circumstances, beer
manufacturers or wholesalers will also be permitted to provide keg-tapping
equipment and hook-up service to such charitable or non-profit organizations at
any such function.
Section
1.19(27)
Microbrewery-Restaurant Distribution
Permit authorizes a microbrewery-restaurant licensee to sell
beer or malt liquors of its own manufacture to a wholesale dealer for the
purposes of resale to retail licensees in Arkansas under the three-tier system
of distribution If a separate brewing facility is used to meet the demand for
product, all product produced by any separate facility must be sold to a
licensed wholesaler and cannot be used at the microbrewery-restaurant premises.
In any event, the total aggregate brewing limitation for all such facilities
shall be in the amount of five thousand (5000) barrels per calendar year. In
addition, any holder of a microbrewery-restaurant distribution permit may
transport and ship its beer and malt liquor by appropriate means for delivery
outside the State of Arkansas to business entities licensed and qualified to
accept such products in their respective states.
Section 5.48
Hours of
Dispensing of Alcoholic Beverages in Private Clubs; Class A Private Club Permit
Defined; Class B Private Club Permit Defined; Imposition of More Restrictive
Hours of Operation as a Sanction for a Violation; Prohibition Against Transfer
of Class B Private Club Permit; and More Restrictive Hours of Operations by
Local Governments.
(a)
(1) Private club permits which are classified
as a Class A private club permits as well as all new private club permits
issued by the ABC Division shall be allowed to dispense alcoholic beverages and
to allow the possession and consumption of alcoholic beverages on the permitted
premises beginning at 7:00 a.m. of a day and ending by 2:00 a.m. of the
following day.
(2) No new private
club permit shall be issued nor any existing Class A private club permit
changed to allow the dispensing, consumption or possession of alcoholic
beverages on the permitted premises from 2:00 a.m. until 7:00 a.m.
daily.
(b) The Director,
or the Board on appeal, in their discretion, is empowered to impose more
restrictive hours of operation as a sanction for violation of any ABC law or
Regulation.
(c) If any member,
guest, employee, agent, or servant of the private club shall dispense, consume,
or allow the possession of alcoholic beverages on the permitted premises during
the prohibited hours, such action may result in a hearing against the permit
and the levying of a fine and/or the suspension, revocation, or cancellation of
the permit.
(d)
(1) Those permitted establishments which have
received a Class B certificate from the ABC Division classifying them as a
Class B private club shall be allowed to dispense alcoholic beverages and to
allow the possession and consumption of alcoholic beverages on the permitted
premises between the hours of 10:00 a.m. of a day and ending by 5:00 a.m. of
the following day.
(2) No transfer
of location application shall be allowed on any Class B private club permit to
move the permit to another county.
(e)
(1) The
ABC Board recognizes that cities or counties may desire to impose more
restrictive hours of operation on private club permittees within their
jurisdiction than is provided for by the Class A or Class B private club
permits. Further, it has never been the intention of the ABC Board, by the
passage of prior versions of Section 5.48 of the ABC Regulations, formerly
numbered Section 5.47, to preempt the authority of cities or counties in this
regard that was granted to them in the case of Tompos vs. City of
Fayetteville, decided in 1983.
(2) Cities and counties are recognized to be
empowered to provide, by ordinance, hours of operation that are more
restrictive in nature than provided for by the Class A or Class B permit
structure issued by this agency. However, in accordance with Ark. Code Ann.
§
3-4-407,
any violation of more restrictive hours of operation provided for by city or
county ordinance will not be considered a violation against the permit issued
by this agency.
Section
5.31
Dispensing Controlled Beverages to or
Consumption by Non-member/Non-guest Prohibited. No private club
shall allow the dispensing or consumption of controlled beverages on the
premises of the club to or by any person other than a bona fide member of the
club, one of such member's family or a bona fide guest of a member of the club.
A private club may serve alcoholic beverages on a golf course on which
the private club is located and which is controlled by the private club when
the private club is hosting a professional golf tournament or other charitable
golf tournament, either of which is sponsored by a charitable organization as
described in §501(c)(3) of the Federal Internal Revenue Code and the
Director has been notified by the private club at least sixty (60) calendar
days prior to the beginning of the event. Persons who attend such event, either
as spectators or as participants, shall be deemed to be guests of the private
club and the private club may serve alcoholic beverages to the guests for
cash.
Section 2.5.1
"Microbrewery-Restaurant" means any establishment
in which beer is both brewed and sold at retail in a restaurant setting under
the same ownership in the same building or attached buildings. The operation of
the microbrewery-restaurant shall be a limited exception to the three-tier
system as defined in other parts of these Regulations. A
microbrewery-restaurant establishment shall be allowed to brew beer or other
malt beverage products, as defined in Ark. Code Ann. §
3-5-1202, and such
beer or malt beverage products may be brewed in one or more varieties to be
served in the restaurant operated at the same premises. The
microbrewery-restaurant shall be limited to a production of 5000 barrels of
malt beverage products per year, with each barrel having a volume of thirty-one
(31) gallons. The beer or malt beverage brewed at the microbrewery operation
shall only be sold at the restaurant maintained at the same premises, as
defined in Act 611 of 1991 and shall be dispensed at such restaurant for on
premises consumption only. The restaurant may purchase beer from other
manufacturers of beer as set forth in that Act for sale and dispensing at the
restaurant operation.
Section
1.33(6)
Permits Not To Be Issued To Premises Within
The Following Stated Distances From Church Or School Building.
No permit for the sale or dispensing of alcoholic beverages shall be issued nor
any existing permit transferred to any location within the following prohibited
distances of any church or school building, such distances to be calculated
based upon the existence of the church or school building at the time the
application is accepted by the agency for processing:
A.
Retail Liquor
Permit. One thousand (1000) feet to be measured from the
nearest point of the church or school building to the nearest point of the
building sought to be permitted.
B.
Off Premises Retail Beer Permit to be Issued to Package Liquor
Outlet. One thousand (1000) feet to be measured from nearest
point of church or school building to the nearest point of building sought to
be permitted.
C.
Exception for Retail Liquor Store Outlets Which are Within One
Thousand Feet of a Church or School Building on the Date of August 13,
2001.
As an exception to subdivisions A & B of this subsection, if any
retail liquor business in this state already exists within one thousand (1000)
feet of one or more churches or school buildings on August 13, 2001, then that
same retail liquor store may be allowed to transfer to a new location that is
within one thousand (1000) feet of the closest church or school building to the
present liquor store, but not within 600 feet of any church or school building,
if the new location is determined by the Alcoholic Beverage Control Division to
serve the public convenience and advantage.
Section 5.56
Sale of Membership
to Applicant at the Time of Entry Into Club - Application for Membership Only
Required When Distilled Spirits Drink or Beverage Made from Distilled Spirits
Product is Ordered - Optional "New Member Discount". Any
private club permittee located within a wet area, under the terms of Act 1371
of 1999, as applies to the dispensing or consumption of alcoholic beverages,
shall require a person to become a member of the private club only when that
person orders a distilled spirits drink or a beverage made from distilled
spirits products. No membership application is required. No "guest" status (for
the purpose of ordering a distilled spirits drink), as provided for private
clubs in dry areas, is allowed.
Provided, private
clubs may elect, upon written notice to this agency, to operate the private
club in accordance with the regulations promulgated by this agency prior to the
passage of Act 1371 of 1999.
To satisfy the statutory requirements for membership, a fee of not less
than $5.00 must be assessed each person joining the private club. On the same
date that a person joins the private club, the private club permittee may issue
a credit of up to $5.00 against the purchases and charges assessed to the new
member as a "new member discount". However, the permittee shall compute and
remit to the Director of the Department of Finance and Administration the gross
receipts tax, supplemental mixed drink tax and all other applicable taxes on
the total charge to the new member for alcoholic beverages, membership fee and
other purchases without regard to the optional $5.00 discount. The discount, if
allowed, shall be subtracted from the sum of the applicable taxes and all
purchases by the member.
Section
3.19(10)A.
Employment of Certain Persons
Prohibited.The permittee knowingly had in his employment any
person who is not qualified by reason of these Regulations or by reason of any
Alcoholic Beverage Control Law of the State of Arkansas for the position to
which such person was employed, including but not limited to, any of the
following persons;
A.
A Person
Convicted of Certain Laws. Any person in the serving or mixing
of controlled beverages, or in the dispensing of alcoholic beverages, the
control of crowds or entrance to the permitted premises, or the management of
the business or activities of the outlet who is a convicted felon whose felony
conviction has not been pardoned or record not expunged.
Provided, that those convicted felons whose
felony conviction does not involve bodily harm or the threat thereof to another
person or the use of a weapon, as such is defined in Section 1.79(33) of these
Regulations, may be employed in an ABC off premises permitted outlet.
Section 2.28(13)
Advertising and Promotion Materials; Exception for Racing
Facilities. As an exception to Section 2.28(4) of these
Regulations, any manufacturer or wholesaler may pay for the display or other
presentation of advertising and promotion materials on or about the premises of
the holder of a franchise granted by the Arkansas Racing Commission.
