Section
1.19(14)
Liquor Manufacturer Permit
authorizes the manufacture of and the sale of spirituous, vinous and malt
liquor beverages, under the following
circumstances:
(1) Sell, deliver, or transport to
wholesalers;
(2) Sell, deliver, or
transport to rectifiers;
(3) Export
out of the state; and
(4) Sell for
off premises consumption spirituous liquors the distiller or manufacture
manufacturers on any day of the week.
Section 1.19(40)
Retail Native Beer
Permit authorizes the permit holder to sell at retail beer produced by
an Arkansas Native Brewer as defined at ACA
3-5-1403(2)
and to sell malt liquor produced by an Arkansas Native Brewer as defined at ACA
3-5-1403(6).
The native beer and native malt liquor may be sold for consumption either on or
off the premises.
Section 1.19(44)
Hotel or Large Event Facility Private Club permit
authorizes the on premises consumption of all types of alcoholic beverages.
This permit carries greater privileges than the on premises consumption private
club permit described at Arkansas ABC Reg. 1.19(12). This permit may only be
issued to a qualified establishment in a "dry" area and the permit will allow
expanded service of alcoholic beverages at hotel properties and at a large
event facility. Authorization for the new permit is under Act 1194 of
2011.
Section 1.51
Appeal by Person Aggrieved by Order of Director.
Any applicant or permittee aggrieved by an Order of cancellation, denial,
suspension, revocation, or the imposition of a money fine by the Director, or
any person or group of persons who have formally protested the issuance of any
permit before a decision was rendered by the Director and are aggrieved by the
issuance of such permit, may appeal from such Order to the Alcoholic Beverage
Control Board by filing a notice of appeal with the Board. The notice of appeal
must be mailed or delivered to the offices of the Alcoholic Beverage Control
Division within fifteen (15) days after the Order to be appealed from was
received by the recipient, as shown by the Certified Mail Return Receipt card
returned to the Alcoholic Beverage Control Division. In the event the person
filing an appeal of the Director's Decision or Order was not sent a certified
letter of the same, then the fifteen (15) day appeal period begins on the date
the Director's Decision or Order was issued. The notice of appeal shall
designate the name of the permittee or applicant.
At least ten (10) days before the time set for the hearing the
Alcoholic Beverage Control Division shall notify the applicant, permittee, or
protestor of the time and place where said appeal shall be heard by the Board
or by a Hearing Officer designated as provided in this article. Such notice to
the applicant, permittee or protestor shall be mailed by regular first class
mail. Said hearing shall be held within at least sixty (60) days after the date
of the filing of the notice of appeal unless the person appealing shall consent
to a later hearing. No request for a continuance of a Board hearing made after
the Friday before a scheduled Board hearing will be considered by the Director,
absent emergency circumstances, the determination of which is vested in the
discretion of the Director.
Section
1.79(33)
Allowing Possession of Weapons on
Premises. That the permittee, or any employee of the permittee,
allowed, or knew, or reasonably should have known, that any person without a
possessory or proprietary interest in the permitted outlet was in possession of
a weapon on the permitted premises. As used in this Regulations, "weapon" means
any firearm that is designed, made, or adapted to be fired, or any knife or
club as defined by ACA §
5-73-120. Any
weapon authorized to be in the permitted outlet pursuant to this Regulation
must be kept out of sight and inaccessible to patrons and others who have no
legal right to possess a weapon in the outlet. This Regulation excludes any law
enforcement officer, any duly authorized agent of the Alcoholic Beverage
Control Enforcement Division, and any licensed security guard, while acting in
the course and scope of their official duties.
Provided, that any person with a permit issued by
the Director of the Arkansas State Police may carry a concealed handgun, as
such is defined in ACA §
5-73-301 into a
restaurant, as such as defined in ACA §
3-9-202(8).
Section 2.19
Labels and Size of
Containers to be Approved by Director.
The contents of all labels affixed to containers of controlled
beverages and the size and combination of such containers shall be approved by
the Director. In no event shall any label or design be approved by the Director
which contains any statement, design, device or representation which is obscene
or indecent. Any Primary American Source (PAS) submitting a brand registration
to the agency for distribution of a product shall, in addition to all other
requirements, submit to the Alcoholic Beverage Control Division a copy of the
Alcohol and Tobacco Tax and Trade Bureau (TTB) Certificate of Label Approval
(COLA) or a Certificate of Exemption from label approval. Any PAS that wishes
to register a product for sale where the PAS has obtained a Certificate of
Exemption from the TTB shall certify to the Director that the labels will still
comply with TTB labeling criteria as found in the "Federal Alcohol
Administration Act" Title 27 CFR Subchapter A - Liquors, Part 4, Subpart D,
Section 4.39, Part 5, Subpart D, Section 5.42, Part 7, Subpart C, Section 7.29.
In no instance shall permitted containers of spirituous beverages be less than
one hundred (100) ml, vinous beverages or wine be less than one hundred
eighty-seven (187) ml or beer or malt liquor be less than one hundred
sixty-nine (169) ms or five and seventy-five hundredths (5.75) ounces.
Section 2.28(4)
Gifts and Services to Retailers Prohibited. That
the manufacturer or wholesaler gave an article or articles away of any value or
use whatsoever, or provided any services for the use or benefit of any person
holding a permit to sell controlled beverages at retail. It is specifically
provided that the practice of pricing alcoholic beverages for a retail permit
holder by a manufacturer or wholesaler is not considered a prohibited service
under this Regulation.
In addition, the following practices are not prohibited gifts or
services under this Regulation: manufacturers and wholesalers may provide point
of sale advertising items and related services to retailers in conformity with
current federal regulations as long as the furnished item does not constitute a
real or secondary gift to the retailer receiving it; notwithstanding any other
Regulation to the contrary, wholesalers may as a permitted service deliver
product, provide keg-tapping and cooling equipment, delivery lines, and keg
hook-up service to holders of temporary beer permits and temporary restaurant
wine permits on any day such permits are in effect; wholesalers may provide
keg-tapping and cooling equipment, delivery lines, and keg hook-up service to
consumers at the request of and as a permitted service to retail permit holders
in any area where the sale of alcoholic beverages is legal.
Provided, a wholesaler may not deliver any
alcoholic beverages to a consumer, and a wholesaler's employees may not be
involved in any way with the dispensing of alcoholic beverages and serving such
beverages to consumers.
A wholesaler may give or sell a "product display" to a retailer so long
as:
(1) the total value of all product
displays provided by the wholesaler does not exceed three hundred dollars
($300.00) per brand at any one time in any one retail outlet;
(2) the display bears conspicuous and
substantial advertising matter on the product. The name and address of the
retailer may appear on the displays;
(3) the giving or selling may be conditioned
upon the purchase of the distilled spirits, wine, or malt beverages advertised
on those displays in a quantity necessary for the initial completion of such
display. No other condition can be imposed by the wholesaler on the retailer in
order for the retailer to receive or obtain the product display.
Product Display means any alcoholic
beverage racks, bins, barrels, casks, shelving or similar items the primary
function of which is to hold and display consumer products.
A wholesaler may give or sell the following to a retailer:
Point of Sale Advertising Materials are
items designed to be used within a retail establishment to attract consumer
attention to the products of the industry member. Such materials include, but
are not limited to: posters, placards, designs, inside signs (electrical,
mechanical, or otherwise), window decorations, trays, coasters, mats, menu
cards, foam scrapers, back bar mats, thermometers, clocks, calendars, and
alcoholic beverage lists or menus.
Beer wholesalers may give, loan or sell inside signs (electrical,
mechanical, or otherwise). Inside signs for spirits, wines or malt liquors
shall not be loaned.
Consumer Advertising Specialties are
items designed to be carried away by the consumer, such as trading stamps,
non-alcoholic mixers, pouring racks, ash trays, bottle or can openers, cork
screws, shopping bags, matches, printed recipes, pamphlets, cards, leaflets,
blotters, post cards, and pencils. Umbrellas, caps, shirts, and visors shall be
sold, not given, by the wholesalers to the retailer. The minimum value of
umbrellas, caps, shirts and visors shall be the price paid by the industry
member who first acquired the merchandise.
All point of sale advertising materials and consumer advertising
specialties must bear conspicuous and substantial advertising matter about the
product or the industry member which is permanently inscribed or securely
affixed. The name, logo, address and web site of the retailer may appear on the
point of sale advertising material. Any non-promotional item that the business
would buy in the normal course of business must be sold, not given, by a
wholesaler to a retailer.
A wholesaler may, without violating the provisions of these
Regulations, and subject to approval by the Director on such form provided by
the Agency, no less than five (5) working days prior to the qualified event,
rent for fifty dollars ($50.00) per tap and associated cooling equipment or
fair market value, whichever is greater, cooling and keg-tapping equipment, keg
hook-up service and delivery lines to a retail permit holder for a special
purpose. These provisions shall apply only to events outside of the normal
course of the retail permit holder's ordinary course of business, not to exceed
ten (10) days in duration.
It is specifically provided that if a manufacturer or wholesaler
provides any of the services for a retailer allowable under this Section, he
must provide the same service upon request to any other retailer who purchases
the product;
Section
2.28(10)
Wholesalers Furnishing Outside Signs to
Retailers Governed by Federal Regulations. Notwithstanding the
provisions of Section 2.28(4) of these Regulations, the Federal Regulations
governing the furnishing of outside signs to retailers by wholesalers are
hereby adopted by reference and incorporated herein; Further, any outdoor sign
provided by an industry member shall only contain information regarding
products sold to the retail outlet by the industry member. The retail outlets
agree, as consideration for receiving the advertising banner, that said outlets
will not customize or otherwise edit, add to or delete from the sign furnished
by the industry member. All employees or agents of the industry member
providing the signs are prohibited from erecting any temporary signs for the
retail outlet.
It shall not be considered a violation for the industry member to
provide a sign to a retail outlet containing the name of the outlet and "Grand
Opening" so long as it is not displayed at the outlet for more than twenty-one
(21) days.
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. Further, retail permit holders may give controlled beverages to
charitable or non-profit organizations for non-profit functions held in "wet"
areas of the State and where such functions do not occur on a permitted
premises of a permittee of this agency. 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 permits in hotels 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.
Section
3.19(5)
Sale of Controlled Beverages for Other Than
Cash, Check, or Nationally Recognized Credit Card Prohibited - Gift
Certificates Allowed.
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 or gift cards 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.
It is further provided that any permittee that offers gifts
certificates or gift cards shall receive full payment for the same at the time
the gift card or gift certificate is sold to any person. Payment shall be made
for the gift card in the same manner as if alcoholic beverages were being
purchased at that time. Only cash, credit card or check dated the same date as
the date of sale may be used for payment for the gift card or gift certificate.
Gift cards or gift certificates may not be bartered or exchanged to any other
person to be used as payment for any obligations owed by the permittee. If it
is found that a permittee is paying its advertising bills or other such
obligations with gift cards or gift certificates being given as payment or
partial payment for the debt owed ; by the permittee, then redemption of the
gift card or gift certificate, where the item has been sold by the third party
for a price less than the face value of the gift certificate or gift card, will
be deemed to be a merchandising discount program and will constitute a
violation against the retailer under the provisions of Arkansas ABC Regulations
3.19(5).
Section 3.19(10)
_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:
B.
Persons 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 permitted 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 and small farm wine at retail grocery
establishments, nor from being employed by permitted liquor and beer
wholesalers and by permitted small farm wineries to handle alcoholic beverages
at the place of business of the permitted 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.
Provided further, minors
sixteen (16) and seventeen (17) years of age may be employed at those permitted
outlets that qualify as retail grocery establishments, but may not handle
alcoholic beverages.
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.
In accordance with Act 1807 of 2003, any person or organization which
holds a public restaurant mixed drink permit, a public hotel-motel-restaurant
mixed drink permit, a restaurant wine permit or a Sunday beverage permit, may
employ persons 19 years of age or older, who have the written consent of a
parent or guardian, to sell and handle alcoholic beverages.
Provided, that persons 19 years of age and older
may not act as bartenders but they may otherwise open bottles of wine and beer
and serve the alcoholic beverages and take payment for the same.
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 at all times alcoholic beverages are served on the permitted
premises.
Section 5.50
Hotel or Large Event Facility Private Club Permit For "Dry" Areas
Only. In addition to the requirements for an application for a
regular private club permit the applicant for a permit issued under this
regulation must elect to apply as either a hotel or as a large event facility
private club.
(a) If application is being made
for a hotel private club permit as authorized by Act 1194 of 2011, the
application for the hotel permit must include, in addition to information
already required for a private club application, a description of the hotel
facility, which shows at a minimum that the hotel meets the following
additional requirements:
(1) The space leased
must have at least eighty (80) lodging rooms and five thousand (5000) square
feet of public meeting, banquet or restaurant space that is leased to the
nonprofit corporation;
(2)
Additional areas, other than the bar area, in which the private club hotel
applicant desires the ability to serve alcoholic beverages to members and their
guests must be shown on a floor plan. Such additional areas may include
sleeping rooms, poolside bars, banquet facilities, restaurants, lobbies,
exhibit halls, patios and outdoor gardens.
(3) If the hotel desires to offer room
service, either by the use of in-room hospitality units as authorized by
Alcoholic Beverage Control Regulation Section 5.51 or by room service, the
floor plan submitted must clearly identify those rooms which are leased by the
nonprofit corporation.
(b) Additional information or requirements
for a large event facility under Act 1194 shall include the following:
(1) The large event facility must serve full
and complete meals and food on the premises;
(2) The large event facility must have one
(1) or more places for food service on the premises with a seating capacity for
not fewer than five hundred (500) people, and must employ a sufficient number
and kind of employees to serve meals and food on the premises capable of
handling at least five hundred (500) people. However, the food service
requirement and employee requirement may be supplied either through the large
event facility permittee or through one or more independent
contractors;
(3) The large event
facility may serve alcoholic beverages on the premises at one (1) or more
places only on days complete meals and food are served at one (1) or more
places on the premises;
(4) The
large event facility applicant must show that the space leased has ten thousand
(10,000) square feet of interior or exterior public meeting, banquet, exhibit
hall or restaurant space;
(5) The
applicant for the large event facility permit shall list, and show on its floor
plan, all areas of the large event facility where alcoholic beverage service is
being requested. This includes outdoor areas, exhibit halls, patios, lobbies,
restaurants that may be within the large event facility and any other portion
of the large event facility property where alcoholic beverage service is
desired. Areas where alcoholic beverage service is desired must be leased by
the nonprofit corporation that is making application for the private club
permit;
(6) Attachments to the
application must show that the large event facility permit will be a facility
that will house convention center activity, tourism activity, trade show and
product display and related meeting activity, or any other similar large
meeting or attendance activity as required by Act 1194 of 2011.
(c) The applicant for the hotel or
the large event facility must show, on the floor plan, an entryway where
members of the public may enter the property before they are offered the
opportunity to become members of the nonprofit corporation. Both members of the
public and members of the private club and bona fide guests of a member of the
private club may freely move about the private club property, but only members
and guests of a member of the nonprofit corporation may receive alcoholic
beverage service from the private club.
Section 5.51
Hotel or Motel
In-Room Hospitality Units for "Dry" Area Hotels or Motels under Act 1194 of
2011 A nonprofit corporation private club permittee which
leases a space or spaces within a hotel or motel building, including sleeping
room areas, which meets the requirements of Act 1194 of 2011, may dispense
alcoholic beverages for on premises consumption only in sealed containers from
an in-room hospitality unit located in any sleeping room of the permitted hotel
or motel leased by the not for profit corporation permit holder and which is
occupied by qualified persons. For purposes of this Regulation, qualified
persons are defined as members or bona fide guests of a member of the private
club, all of whom are twenty-one (21) years of age or older.
In-room hospitality unit ["unit"] is defined as a closed container,
refrigerated or non-refrigerated, access to the interior of which is restricted
by means of a locking device under the control of hotel management. Each such
unit shall have permanently affixed thereto a sign that informs the qualified
members or guests of the private club of the legal hours the unit may be
accessed, such hours to correspond to state or local laws regarding the
dispensing of alcoholic beverages. The unit herein described must meet such
requirements as set forth by the Director and, further, must be approved by the
Director in writing before dispensing commences from such unit:
An in-room hospitality unit may be stocked or inventoried only by
private club employees who are twenty-one (21) years of age or older and only
during the hours legally prescribed by law for the dispensing of alcoholic
beverages at the private club. The following sizes and quantities of alcoholic
beverages are authorized to be placed in and dispensed from an in-room
hospitality unit:
(1) Wine and vinous
beverage in 187 ml. containers with no more than a total of eight (8)
containers per hospitality unit; and
(2) Malt beverages, including both beer and
malt liquor, in 12 oz. or less containers with no more than a total of eight
(8) containers per hospitality unit; however, no malt beverage container shall
be less than 200 ml or 6.8 oz. in size; and
(3) Upon written approval by the Director,
distilled spirits may be dispensed only in 100 ml. or less size containers. Any
container size less than 100 ml. is specifically an exemption from the
provisions of Section 2.19 of these Regulations, and may only be dispensed in
such in-room hospitality units. No more than a total of fourteen (14) of such
distilled spirits containers may be maintained in each hospitality unit. Based
on the container size approval, the Director shall determine the appropriate
number of containers allowed in the in-room hospitality unit. The private club
permittee shall remain accountable under applicable law and regulations for
dispensing from the in-room hospitality unit the same as if such were made from
any other point from within the establishment; and
(4) The private club permittee at the hotel
or motel, on property leased by the private club permittee, may also offer room
service of alcoholic beverages during legal hours of the dispensing of
alcoholic beverages as set by state or local law. Room service of alcoholic
beverages may not be offered to any sleeping room if the room is solely
occupied by persons under the age of twenty-one (21).
