Section
5.45
Hotel-Motel Guest Authorized to Apply for
Membership of Private Club. In any case where a private club is
operating within facilities connected with or leased or rented from a hotel or
motel, any person registered as a guest of such hotel or motel may be admitted
as a member to such private club only after making the application prescribed
by these Regulations for any other applicant for private club membership. If
the manager of the hotel or motel where the separate private club is housed
desires to offer free samples of alcoholic beverages to registered hotel
guests, the hotel guests must either become a member in conformance with the
provisions of this Regulation, or the hotel guests may be admitted to the
private club in the physical company of the manager or his or her designee at
the time the reception is held. The manager shall be responsible for all drink
charges that are assigned to him/her in order that the revolving fund of the
non-profit corporation may be replenished as is required by law. (Amended
8-19-09 )
Section 5.17.2
Private Club Restaurant Operations. Those private
clubs which are held out to this agency as food service establishments must
maintain food service operations on the permitted premises that meet the
requirements for restaurants as defined in Section 4.6 of these regulations.
Further, kitchen facilities in those private clubs must remain open and serve
food within two hours before the dispensing of alcoholic beverages ceases on
the permitted premises. (Adopted 8-19-09 )
Section 3.19(3)
Hours of Sale. 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 holds a permit that
allows the on premises sale of alcoholic beverages may sell alcoholic beverages
and allow the possession and consumption thereof on a Sunday between the hours
of, 10:00 a.m. and 12:00 midnight, 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 294 of 2009,
legalizing the sale of alcoholic beverages on a Sunday by all permittees
located within their jurisdiction, then such off premises retail sales shall be
lawful between the hours of 10:00 a.m. and 12:00 midnight, or within a lesser
period of time as authorized by city or county ordinance.
It is further provided that when Sunday falls on December
31st of any year, any on premises consumption permit
holder may sell and allow the possession and consumption of alcoholic beverages
for on premises consumption between the hours of 10:00 a.m. 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 on New Year's Eve;
B. Christmas Day;
C.
Repealed
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 Alcoholic Beverage Control 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 Alcoholic Beverage Control Division; (Adopted
8-18-99 )
E. Post Exchange Liquor
Store permits may sell alcoholic beverages seven days per week to those
customers that may purchase from such facilities. The post exchange package
store may operate on the same hours as those established for military service
clubs pursuant to ACA §
3-4-706.
(Adopted 8-17-05 )
F. Any large
attendance facility permit issued under the authority of ACA §
3-9-202(8)
(B) in which parimutuel wagering has been
authorized and which has a current large attendance facility permit for on
premises consumption may sell alcoholic beverages on any day of the week during
hours in which the large attendance facility if open for business except on (1)
Christmas Day and (2) Easter Sunday. However, the large attendance facility may
sell alcoholic beverages on Easter Sunday between the hours of 12:00 midnight
and 2:00 a.m., as authorized by Act 790 of 2009.
G. A restaurant holding a permit under ACA
§
3-9-202(8)(A)
may sell alcoholic beverages for on premises consumption between the hours of
12:00 midnight Saturday and 2:00 a.m. on Sunday and on Sunday between the hours
of 12:00 noon and 2:00 a.m. on the following Monday in addition to other times
authorized by law for selling alcoholic beverages for on premises consumption
if the restaurant is located in the same city where a large attendance facility
permit has been issued to a facility in which parimutuel wagering has been
authorized. Such expanded hours are authorized under Act 7 of 2009. (Amended
8-19-09 )
Section
3.19(2)
Samples Prohibited. The
permittee or any agent, servant or employee of the permittee accepted from any
person or sold or gave to any person any samples, either in unbroken packages,
partial packages, or by the drink; this provision is applicable to private
clubs, and all holders of retail permits.
Provided, retail liquor stores may offer samples
of intoxicating liquors of all kinds pursuant to permit as authorized by Act
455 of 2007. Provided further, that holders of
large attendance facility permits in which pairmutuel wagering has been
authorized by law may offer samples of alcoholic beverages by the drink to
patrons who are in that area of the permitted facility where games of skill are
housed. Provided further, that holders of hotel
permits and holders of private club permits that own or lease space within a
hotel building may offer samples of alcoholic beverages by the drink to
registered guests of the hotel as part of a manager's reception. All such
samples offered shall be subject to the gross receipts and use taxes as a
withdrawal from stock and shall be paid by the permit holder in the manner
prescribed by law. (Amended 8-19-09 )
Section
3.19(1)C.
Gambling on Premises.
Permitted gambling or games of chance or kept any gambling device, machine or
apparatus upon the permitted premises. Provided,
any establishment licensed under the authority of Act 132 of 1969, as amended,
(e.g. hotel-motel mixed drink, restaurant mixed drink, private club & large
attendance facility) shall be allowed to have certain gambling machines or
devices on its property in conformance with Act 1170 of 2005. Gambling devices
or machines may only be on the property of a premises described above if the
gambling machines or devices are being used by a non-profit organization that
is described in the Act. Any non-profit organization desiring to use gambling
machines on a permitted premises must register the event with the Alcoholic
Beverage Control Division at least sixty (60) days before the event. The games
used at the event may not use money but may use some form of play money. No
cash or other item of value may be won or awarded as a prize. This proviso
shall only be available for one event during a calendar year by any specific
non-profit qualified organization. No permitted premises shall be allowed to
host more than ten (10) such events per calendar year under authority of this
law. Provided further, that games of bingo and
raffles are not considered gambling when conducted at those permitted outlets
which have obtained an authorized organization license from the Department of
Finance and Administration to conduct games of bingo and raffles, pursuant to
Act 388 of 2007. A violation of any provision of Act 388 of 2007 subjects the
permitted outlet to the full range of administrative sanctions that may be
levied by the Alcoholic Beverage Control Division. Provided
further, that any activity authorized by the Arkansas Lottery
Commission which occurs in a permitted outlet shall not be a violation of this
regulation. (Amended 8-19-09 )
Section
2.5.2
"Arkansas Native Brewery means any small
brewery or microbrewery-restaurant permitted under the provisions of Act 1805
of 2003, as amended. A small brewery permitted under this law shall have the
authority to manufacture and sell beer and malt beverages not to exceed an
aggregate quantity of 30,000 barrels per year. The small brewery may sell to
wholesalers, to retail license holders and other small brewery license holders,
or to the consumer at the brewery facility. In addition, under the provisions
of Act 1459 of 2009 the operator of a small brewery may serve complimentary
samples of beer produced by the small brewery or by another licensed small
brewery and may sell at retail by the drink or by the package beer produced by
the small brewery or produced by another small brewery if all sales occur in a
wet territory. Authorized sales as described above may occur at the small
brewery location property, any small brewery - off premise retail site or at
fairs and food and beer festivals as described in Act 1459. If the small
brewery determines that it wishes to sell its own products to another small
brewery, or to retail license holder it shall obtain a small brewery wholesale
permit. A microbrewery-restaurant operator who operates under the Arkansas
native brewer permit may manufacture beer and malt beverages in an aggregate
quantity not to exceed 5000 barrels per year. The microbrewery-restaurant may
sell to wholesalers, to other retail dealers or to the consumer at the
microbrewery-restaurant for consumption either on or off the premises. The
microbrewery restaurant must obtain a separate retail permit that authorizes
the sale of wine for on premises consumption at the property. Off premises
sales are limited to those brand name products which are produced at the
permitted facility. Native brewer permittees may sell their beer and malt
beverage products for on or off premises consumption during all legal operating
hours of the business in which the business is normally and legally conducted,
on any day of the week, unless otherwise prohibited by law, if the native
brewer provides tours and provides that only sealed containers are removed from
the premises. (Amended 8-19-09 )
Section
2.31
Time Within Which Checks to be Deposited;
Post-Dated Checks Prohibited; Insufficient Funds Checks. All
checks given in payment for controlled beverages by a retailer to a wholesaler
shall be deposited for payment by the wholesaler not later than the second
banking day after the receipt of such check by the wholesaler. The failure of
the wholesaler to deposit any such check for payment by the end of said banking
day after receipt thereof shall be deemed a voluntary extension of credit by
said wholesaler to the retailer and in violation of these Regulations. No
wholesaler shall accept from any retailer a post-dated check.
Any retail permittee or private club permittee who has paid for
alcoholic beverages purchased from any wholesaler with an insufficient funds
check may be deemed delinquent.
Each wholesaler may report all delinquencies to the Administrator of
the Division of Alcoholic Beverage Control in writing, including by electronic
mail or facsimile transmission, within two (2) business days after such
delinquencies occur. Such reports shall set forth the name, business address,
and permit number of the permittee in default, the date of sale and delivery of
such alcoholic beverages on account of which report is made, the amount of such
delinquency, and the name, business address and permit number of the reporting
wholesaler.
After receiving such delinquency report the Administrator shall notify
all wholesalers by publishing a delinquent list which specifies an effective
date for the list, and after said effective date no sales or deliveries of
alcoholic beverages shall be made to any retail permittee or private club
permittee whose name appears upon said delinquent list until such time as a
notice of removal from such list has been given by the Administrator. After
receiving notice of the delinquent list on which their name appears, no retail
permittee or private club permittee may purchase or accept delivery of any
alcoholic beverages from any wholesaler until the Administrator has given
notice of removal from such list. After the effective date of the delinquent
list, any retail permittee or private club permittee whose name appears on such
list must pay the delinquency by cash, US Postal money order, postal note,
express money order, cashier's check, certified check or bank exchange. Within
twenty-four (24) hours of receipt of full payment the wholesaler shall report
to the Administrator that payment in full has been made of any account
previously reported delinquent.
If a retail permittee or private club permittee contends that he or she
has been placed on the delinquent list as the result of a dispute involving the
quality or quantity of the alcoholic beverages, or any other factor involved in
the sale of or purchase of same, the wholesaler, retail permittee or private
club permittee may file a statement in writing setting forth in detail any
reason why a delinquency should or should not be deemed to exist. The
Administrator shall thereupon determine whether the retailer shall be removed
from the delinquent list. (Amended 8-19-09 )
Section 2.28(16)
Unlawful
Pricing by Brewers and Manufacturers. Pursuant to Act 783 of
2009 it is unlawful for a brewer or manufacturer of malt beverage products to
engage in unlawful pricing practices as between the manufacturer or brewer and
their respective Arkansas wholesalers.
Any violation of these regulations, or any violation of Act 783 of
2009, shall subject the Arkansas Native Brewery permit or non-resident beer
seller's permit issued to such party or their designee (Suppliers) to the full
range of penalties as provided by ACA
3-2-212
and may also subject said permits to the imposition of a fine as authorized by
ACA
3-4-401,
et seq. The following regulations are hereby adopted to supplement Act
783:
(1) A supplier shall offer all
Arkansas wholesalers to whom it offers product the same price, allowance,
rebate, refund, commission, or discount.
(2) Suppliers shall act in "good faith" as
defined in
3-5-1102(a)
(4 ) toward wholesalers with regard to all matters including, but not limited
to, transport costs, fees, charges, product support, rebates, commissions,
refunds, and product availability .
(3) No supplier may take any "retaliatory
action" as defined in
3-5-1102(a)(6)
against a wholesaler.
(4) If a
wholesaler believes a supplier has not acted in good faith or has taken
retaliatory action against it, a hearing before the Director may be
requested.
(5) Suppliers with
wholesalers that have state-wide distribution rights as of the effective date
of this regulation may provide those wholesalers quantity discounts. Any
wholesaler that obtains state-wide product distribution rights as of the
effective date of this regulation, due to the consolidation of one or more
wholesalers or suppliers, shall not be entitled to quantity discounts from the
supplier.
(6) A supplier shall post
the following information with the Director in its most current form:
FOB-Source for all products offered in Arkansas, and all allowances, rebates,
refunds, commissions or discounts it offers.
(7) All price information shall be provided
by the supplier to the Director via email. It shall be submitted 14 days prior
to any increase and 2 days prior to any decrease.
(8) All information provided to the ABC
Director by the supplier is proprietary in nature and not subject to freedom of
information requests pursuant to the Arkansas Freedom of Information Act.
(Adopted 8-19-09 )
Section
2.28(11)
Manufacturers Not to Engage in Price
Fixing. No liquor manufacturer or supplier shall take or fail
to take any action that would cause any type of fixing of wholesale or retail
prices in the state. This shall include engaging in the industry practice known
as "reach-back pricing". Suggestion of wholesale or retail prices will not be
considered to be a violation of the permit.
Further, alcoholic beverage manufacturers or
suppliers shall not require, solicit or request any alcoholic beverage
wholesaler to contribute to any local or national advertising, marketing or
brand development fund, either directly or indirectly. (Amended 8-10-09
)
Section 1.79(40)
Alcohol Vaporizers Prohibited. That the permittee or
any employee, agent or servant of the permittee allowed the use or
possession on the permitted premises of any alcohol vaporizing device, as such
is defined by Act 466 of 2009. (Adopted 8-10-09 )
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, a
combined restaurant beer and wine 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; (Amended 8-19-09 )
Section
1.38.1
Permit Renewal; Penalty for Failure to Renew
on Time -Exception for Personnel Called to Active Duty in the Armed Forces of
the United States Who Are Stationed Outside the State; Annual Report for
Non-Profit Corporation Filed by Private Club at time of Renewal of
Permit. All permits issued by the Alcoholic Beverage Control
Division are renewable on or before June 30
th of
each calendar year for the fiscal year beginning July
1
st. Any person renewing a permit after June
30
th shall be required to pay a late renewal penalty
in the amount of one-half ½ of the required yearly renewal fee for the
permit for each sixty (60) days, or any portion thereof, after June
30
th wherein the renewal is tendered, in addition to
the amount of the yearly fee. Alcoholic Beverage Control Division permits may
be renewed late by paying the above stated penalty beginning July
1
st and ending October
28
th of each fiscal year. No permit shall be renewed
by the Alcoholic Beverage Control Division for the current fiscal year after
October 28
th.
For purposes of assessing the penalty, the renewal date shall be
considered to be the date of the postmark if mailed, or the date of receipt, if
hand delivered.
Holders of private club permits must, at the time of renewal of the
permit, provide this agency with a file marked copy of the Annual Report for
Non-Profit Corporation required by Act 569 of 2007.
In accordance with Act 966 of 2003, any individual owner/operator
permittee of this agency who is a member of the National Guard of Arkansas or
any reserve component of the United States of America, who is ordered to active
duty to a duty station located outside of Arkansas shall be allowed an
extension for renewing an alcoholic beverage permit issued by the Alcoholic
Beverage Control Division. As provided by law the extension shall be allowed
without penalty or assessment of a late fee if notification is given to the
Alcoholic Beverage Control Division on or before June
30th of any calendar year that said individual
owner/ operator has been called to active duty as prescribed in Act 996 of
2003.
The extension shall not be granted where the person called to active
duty is merely a manager for a corporation which is the permittee of this
agency as other officers of the corporation may renew the permit in the absence
of the person called to active duty. Likewise, the extension shall not be
granted to any partnership or LLC where any partner or other member of the LLC
can renew on behalf of the business entity. In accordance with Act 996 of 2003,
the individual permittee of this agency that has been called to active duty
outside the state shall have a grace period of six (6) months to complete the
renewal process for his permit after release from active duty. (Amended 8-19-09
)
Section 1.19(43)
Small Restaurant Permit authorizes a restaurant to purchase and
resell five hundred sixty (560) liters of spirituous liquors or less per fiscal
year. Under Act 763 of 2009 if the small restaurant permit holder purchases
more than 560 liters of spirituous liquors in a fiscal year he/she shall then
be required to apply for a permit under the provisions of Section §
3-9-212.
The Small Restaurant shall meet the requirements for a restaurant as set forth
in ACA §
3-9-202(8)(A).
The Small Restaurant Permit does not authorize the purchase or resale
of wine products or beer products. If the Small Restaurant permit holder
desires to sell wine or beer he/she must purchase additional permits for those
products. (Adopted 8-19-09 )
Section
1.19(42)
Combined Restaurant Beer and Wine
Permit Under Act 294 of 2009 a combination restaurant beer and
wine permit may be applied for by those persons with establishments that are
qualified as restaurants under the provisions of ABC Reg. 3.4. The permit
authorizes the on premise consumption only of beer as defined at ACA §
3-5-202(3)
and wine, as defined at ACA §
3-9-301(2).
(Adopted 8-19-09 )
Section 1.19(41)
Minimum Wholesale Liquor Permit authorizes the
sale of spirituous liquors, wine as defined in the Arkansas Code, and malt
liquors at wholesale. A minimum wholesale liquor permit holder shall not sell
more than a combined total of twenty thousand (20,000) cases of spirituous
liquors, wine, or malt liquors. A case is a container that holds nine (9)
liters of beverage. A minimum wholesale liquor permit holder may not sell beer
products as defined in the Arkansas Code unless he/she receives a separate
wholesale beer permit. (Adopted 8-19-09 )
Section 1.19(40)
Native Brewery
Permit authorizes the permit holder to operate a small brewery
or a microbrewery - restaurant in the manner provided for by Act 1805 of 2003,
as amended., (Amended 8-19-09 )
Section
1.19(13)
Liquor Wholesale Permit
manufacturers or licensed importers of spirituous, vinous beverages or malt
liquor containing more than five percent (5%) alcohol by weight, and the sale
of such beverages to persons holding off premises liquor permits, or hotel or
motel, or restaurant permits. Effective July 1, 2010, under the provisions of
Act 294 of 2009, the holder of a wholesale liquor permit is also authorized to
sell beer products as defined in the Arkansas Code under this same
permit.
