Section 1.19(45)
Out of State Supplier Permit authorizes an
out-of-state manufacturer, distiller, rectifier, brewer, importer, or producer
of spirituous or vinous liquor to sell, deliver, transport, or ship to a
wholesaler, distributor, or rectifier. A holder of this permit may only sell a
spirituous or a vinous liquor to a wholesaler, distributor, or to any other
person who is legally authorized by the laws of the State of Arkansas and the
rules of the Alcoholic Beverage Control Division to receive, possess,
transport, distribute, or sell a spirituous liquor or vinous liquor.
Amendment to Section 1.20(5)C. Has never
been convicted of a felony or had a license to sell alcoholic beverages revoked
within five (5) years preceding the date of application, whether issued by this
state or any other state, and that he or she has not been convicted of
violating any laws of this state, or any other state, governing the sale,
possession, manufacture, or transportation of alcoholic beverages within five
(5) years preceding the date of application;
Amendment to Section 1.23 Publication of Notice That
Application Has Been Made for Permit. After filing an
acceptable application with the Director, the applicant shall cause to be
published at least once a week for two (2) consecutive weeks in a legal
newspaper of general circulation in the city or locality where the business is
to be located a notice that the applicant has applied for a permit to sell,
manufacture or dispense controlled beverages, as applicable. The newspaper
publishing the notice shall have a physical address within the county of the
proposed location of the business identified in the application. If the county
does not have a newspaper, then the publication shall be placed in a newspaper
with the nearest physical address of the location of the business identified in
the application. The notice shall be verified and shall give the name of the
applicant and the name and address or location of the business, and shall state
that the applicant is a resident of Arkansas, that he or she has good moral
character, that he or she has never been convicted of a felony or had a permit
revoked within the five (5) years preceding the date of notice.
Provided, that this requirement shall not apply
if the applicant holds a restaurant mixed drink permit and subsequently makes
application for a beer and/or wine permit only at the same location.
It is further provided that applicants for a
retail liquor permit or a private club permit shall be required to publish at
least once a week for four (4) consecutive weeks in a legal newspaper as
described above, per the authority of Act 735 of 2007.
Section 1.27.1
Transfer of
Location Application or Request for Inactive Status.
No transfer of location application or request for inactive status may
be filed or made with the Alcoholic Beverage Control Division unless the
permitted outlet has completed inspection by Alcoholic Beverage Control
Enforcement and has been open for business and prepared to sell or dispense
alcoholic beverages for at least one full eight hour day.
Amendment to Section 1.32(6) Persons Convicted of Certain
Crimes. Any individual, partnership or corporation if such
individual or any member of such partnership or any officer, director, managing
agent or any stockholder holding more than five percent (5%) of the stock of
such corporation has been convicted of a felony or has within five (5) years
before the date of application been under the sentence of any court for the
conviction of any violation of the laws of the State of Arkansas or any state
of the United States against possession, sale, manufacture, or transportation
of alcoholic beverages;
SUMMARY OF SUBSTANTIVE
CHANGES
This repeals the requirement that a retail establishment selling motor
fuel must maintain at least a $7,500 inventory in human consumables to obtain
or maintain a retail beer permit.
Section 1.33(13)
Permits Not to
be Issued to Outlets With Personal Living Quarters.No alcoholic
beverage retail permit or private club permit will be issued nor will any such
permit be transferred to any building which contains personal living quarters
adjacent to the proposed area to be permitted which are accessible from the
area to be permitted.
Provided, that the Director
or Board may authorize an exception to this Regulation for bona fide bed and
breakfast inns, and motels and hotels that hold a permit in a designated
restaurant area ("bona fide" shall be determined from such evidence as may be
presented for consideration by the Director or Board);
Amendment Section 1.33 (15) Sale of Beer or Small Farm
Wine Through Drive Up Windows Prohibited at Off Premises Retail Beer and Small
Farm Wine Premises, Off premises retail beer and small farm
wine permitted outlets with drive up windows must post a notice not less than
three inches by five inches (3" x 5"), clearly affixed to the drive up window
and clearly visible to patrons thereof, stating "NO ALCOHOLIC BEVERAGES
SOLD THROUGH THIS DRIVE UP WINDOW". The same notice must also be posted
on the interior of the permitted outlet so as to be clearly visible to
employees selling items, other than beer and small farm wine, through the drive
up window.
Amendment to 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 is defined in ACA §
3-9-202(14).
Provided further, that an employee of a retail
liquor store who is licensed to carry a concealed handgun by the state may
possess a handgun on the permitted premises.
Section 2.16
Manufacturers to
Register Brands of Controlled Beverages; Manufacturers and Wholesalers Not to
Change Brands Without Approval of Director.
(1) The purpose of this Regulation is to
provide guidelines for the business relations between Arkansas wholesalers of
alcoholic beverages and distillers, manufacturers, importers and producers of
such alcoholic beverages. Regulation in this area is considered necessary and
appropriate for the following reasons:
A. To
prevent unfair business practices, discrimination and undue control of such
wholesalers by distillers, manufacturers, importers and producers;
B. To maintain stability and healthy
competition in the alcoholic beverage industry;
C. To promote and maintain a sound and stable
system of distribution of alcoholic beverages; and
D. To promote the public health, safety and
welfare.
(2) Every
manufacturer, importer or producer of spirituous and vinous beverages doing
business in the State of Arkansas shall submit to the Alcoholic Beverage
Control Division one (1) Alcohol and Tobacco Tax and Trade Bureau Certificate
of Label Approval for each brand of spirituous and vinous beverages and the
brand label extension of each brand of spirituous and vinous beverages to be
shipped for the first time by the shipper into or within the state and shall
designate in the application for registration one (1) licensed liquor
wholesaler in the state, who shall be the exclusive distributor of such brand
or label within the state. Such designated wholesaler shall be initially
approved by the Director and shall not be changed nor initially disapproved
except for good cause, and the Director shall determine good cause after a
hearing pursuant to the provisions set out in this Regulation. Any brands or
labels previously registered in this state, and which have subsequently been
withdrawn from distribution in this state, shall be treated in the same manner
as the initial registration of brands or labels and are subject to the
provisions hereof.
A brand label and brand label extension shall be registered by the
supplier before the first shipment of each brand label and brand label
extension into or within the state on or after July 1, 2013. A copy of the
Alcohol Tobacco Tax and Trade Bureau Certificate of Label Approval for each
brand label and brand label extension shall be submitted with the registration
of each brand label and brand label extension.
The registration of a brand label and a brand label extension shall:
l)Be in writing or electronically submitted, 2)Be verified if it is submitted
in writing, and 3) Set forth information as the Director of the Alcoholic
Beverage Control Division requires.
Each Alcohol and Tobacco Tax and Trade Bureau Certificate of Label
Approval submitted for registration shall be accompanied by a registration fee
of fifteen dollars ($15.00) payable by check, cash, money order, or electronic
payment.
All brand label and brand label extensions shall be renewed
annually.
(3) Any
distiller, manufacturer, importer or producer desiring to change wholesalers
with respect to any brand shall file with the Director a Wholesaler Change
Request containing such of the following information as is applicable:
A. The name of each brand involved;
B. The case volume in Arkansas for each brand
for the current year or portion thereof and the two previous calendar
years;
C. The name of the
wholesaler currently distributing such brand;
D. The name of the proposed new wholesaler;
and,
E. A detailed explanation of
the specific business reasons for the request to change wholesalers. Business
reasons which may be considered by the Director in determining good cause for
authorizing a change of wholesalers will include:
1. A wholesaler's bankruptcy or serious
financial instability, including its consistent failure to pay its debts as
they fall due or its failure to meet or maintain any objective standards of
capitalization expressly agreed to between the wholesaler and the distiller,
manufacturer, importer or producer; provided, such standards are determined by
the Director to be commercially reasonable;
2. A wholesaler's repeated violations of any
provision of federal or state law or Regulation, whether or not such violations
resulted in official action;
3. A
wholesaler's failure to maintain reasonable sales volume of the brand, taking
into consideration such factors as the extent of the distiller's,
manufacturer's, importer's or producer's advertising and promotion of the
particular brand, prevailing economic conditions affecting sales generally or
the extent of the wholesaler's efforts, or lack thereof, to promote a
particular brand; and,
4. Any other
factors relevant to such proposed change and which aid the Director in
determining good cause.
(4) At the same time that the original
Wholesaler Change Request is filed with the Director, a copy thereof shall be
mailed by the distiller, manufacturer, importer or producer to each wholesaler
who may be affected by the proposed changes. Immediately upon receipt of any
Wholesaler Change Request, the Director shall notify the currently designated
wholesaler of the request by certified mail. Within fifteen (15) days after
receipt of such notice by the affected wholesaler any such wholesaler or party
required to be given notice by this Regulation may interpose written objections
thereto. Such written objections shall be filed in the office of the Alcoholic
Beverage Control Division and copies thereof shall be served by the objecting
party upon the party proposing the change and upon all wholesalers who may be
affected by the proposed change.
A. Upon the
receipt of an objection from any party, or upon his own motion, the Director
shall hold a hearing, after providing due notice to all parties concerned, for
the purpose of determining the truth of any matters of fact alleged by any
party and determining whether the proposed changes are based upon sufficient
cause and are otherwise consistent with the policies set out in Subsection 1
above. If it is determined from the evidence deduced at said hearing that the
brand or label involved is the same as, or similar to, or is such a
modification of, substitution of, upgrade of or extension of a brand or label
which has already been registered by the distiller, manufacturer, importer or
producer, so as to render it unjust or inequitable (without cause being shown)
to designate the brand or label to a wholesaler different from the wholesaler
designated for the brand or label being so modified, substituted, upgraded or
extended, then such request shall be denied; provided, however,
that nothing herein shall be construed to prevent the distiller, manufacturer,
importer or producer from treating the matter as a desire to change
wholesalers, and from proceeding under the provisions of Subsection 3 above,
either before or after such determination.
B. No proposed change will be approved by the
Director which is based upon the failure or refusal of a wholesaler to comply
with any demand or request of a distiller, manufacturer, importer or producer
where such demand or request would result in a violation of any provision of
federal or state law or Regulation. During such fifteen (15) day objection
period, or until the proposed changes have been finally approved by the
Director, the party proposing the change shall continue to supply the
designated wholesaler, upon commercially reasonable terms, such reasonable
quantities of the brand involved as the wholesaler may require. If, at any
time, the Director finds a distiller, manufacturer, importer or producer is not
shipping the wholesaler a reasonable amount of merchandise, he may withdraw
approval of all brands registered by such parties within the state.
(5) Any hearing held by the
Director pursuant to the provisions of Subsection 4 above shall be held within
thirty (30) days after the receipt of any notice of objection to a Wholesaler
Change Request. The findings of the Director made after such hearing shall be
presented to the Alcoholic Beverage Control Board at its next regularly
scheduled meeting. Any aggrieved party may appeal the decision of the Director
to the full Board to be heard de novo and any such appeal hearing will be
scheduled and held pursuant to hearing procedures established for the Alcoholic
Beverage Control Division by state law and Alcoholic Beverage Control
Regulations.
(6) If no objection is
filed to the Wholesaler Change Request as provided in Subsection 5 above, the
proposed changes shall stand automatically approved by the Director at the
expiration of such fifteen (15) day period, conditioned upon the manufacturer
or importer repurchasing all inventory of the subject brand from the previously
designated wholesaler at such wholesaler's laid-in cost.
(7) Any distiller, manufacturer, importer or
producer who obtains or acquires in any manner the right to sell, ship or
distribute any label shall for the purpose of these Regulations stand in place
of, and be subject to, all the rights, privileges, and duties and obligations
of its predecessor or its predecessors from whom such brands or labels were
obtained or acquired.
(8) Every
manufacturer or importer of beer or other malt products or light wine doing
business in the State of Arkansas shall submit to the Alcoholic Beverage
Control Division one (1) label for each brand of beer or malt product or light
wine to be shipped for the first time into or within the state and shall
designate with the application for registration any number of wholesalers in
the state, each of whom shall be the exclusive distributor of such brand within
the geographical territory assigned by the manufacturer or importer to such
wholesaler. (Amended 7-24-87 )
(9)
An unlawful dual distributorship is created when any manufacturer, importer, or
other person attempts to designate as its distributor more than one (1)
Arkansas liquor wholesaler in the state or wholesale beer permit holder to
distribute the same brand of alcoholic beverage in the same geographic area
(city, county, counties, state). Further, no person shall attempt to register
any brand or label which is already distributed by a licensed wholesaler
holding a brand registration authorization from the manufacturer or importer
for a brand or label. The creation of such dual distributorships is prohibited.
In addition to any remedies to any aggrieved party authorized by law, the
Director may withdraw approval of any and all brands registered by any
manufacturer or importer found to be in violation of this Regulation, such
findings to be made after a hearing pursuant to hearing procedures established
for the Alcoholic Beverage Control Division by state law and these Regulations.
For purposes of this Regulation, a "brand" is defined as the same
product or substantially the same product, as evidenced by the product label
that must be filed with the Alcoholic Beverage Control Division. Identical or
substantially identical labels will be considered and treated as the same
brand. (Amended 8-19-03 )
"Product" shall mean a brewed, fermented or distilled liquor. A brand
for a product registered with the Alcoholic Beverage Control Division shall
include the registered product as well as all derivatives or sub-categories of
a registered product, without regard to whether such derivative or subcategory
is brewed, fermented or distilled. "Product" shall not be construed to mean a
particular malt, spirituous or vinous liquor, or any variety, category or
sub-category thereof.
(10)
The terms, conditions and requirements of this Regulation are hereby expressly
made a part of the terms of and as conditions to the approval granted by the
Arkansas Alcoholic Beverage Control Division to distillers, manufacturers,
importers or producers to do business in the state and by the application for,
the acceptance of, or the conduct of business under any such approval, a
distiller, manufacturer, importer or producer consents and agrees to comply
with the terms, conditions and requirements of this Regulation. This Regulation
does not apply to manufacturers or wholesalers of small farm wine. (Amended
8-15-07 )
Amendment to 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
wholesaler may give to any retail outlet more than three (3) gallons of any
brand of malt beverage, 750 ml 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, distillers, importers, producers,
distributors, retailers or wholesalers, except as permitted herein.
Manufacturers, distillers, importers, producers, distributors,-wholesalers and
retailers may donate intoxicating liquor to charitable or non-profit
organizations for on premises consumption only at non-profit functions where
such organization receiving the intoxicating liquor does not hold a permit to
dispense intoxicating liquors. The donation of intoxicating liquor by
manufacturers, distillers, importers, producers, distributors, retailers or
wholesalers may net occur on a permitted premises of an on premises permittee
of this agency. Manufacturers, wholesalers, distillers, importers, producers,
distributors, and retailers may provide keg-tapping equipment and hook-up
service to a charitable or non-profit organization at a function;
Section 2.72
'Small Farm Wine Convenience Store" means an
establishment which sells convenience goods, such as a limited range of
grocery, snack items, and other human consumables or both convenience goods and
motor fuel. The convenience store must prove, in order to apply for or renew
the Small Farm Wine retail permit for convenience stores, that it has in
inventory at least seven thousand five hundred dollars ($7,500) worth of human
consumable food items.
Section 2.75
Direct Shipment of Vinous Liquor to Arkansas
Residents. Any winery licensed by this state or the state where
its principal place of business is located and which is registered with the
Alcoholic Beverage Control Division pursuant to ACA §
3-5-1703
may ship vinous liquor to an Arkansas consumer. Prior to the winery's first
shipment into or within the state the winery shall (1) register with the
Alcoholic Beverage Control Division; (2) provide the division with a copy of
the winery's current licenses to manufacture wine issued by:
(A) the state of domicile; and
(B) the Alcohol and Tobacco Tax and Trade
Bureau of the United States Treasury; and (3) pay a registration fee of
twenty-five dollars ($25.00).
A consumer must be physically present at the winery to purchase the
vinous liquor to be shipped into or within the state and must provide
identification to the shipping winery that the consumer is at least twenty-one
(21) years old.
A winery shall ship only a vinous liquor to a private residence and may
only ship one case of vinous liquor per consumer in any calendar
quarter.
A shipment of a vinous liquor shall have a shipping label provided by
the Alcoholic Beverage Control Division affixed to the shipping package. The
fee for each label shall not exceed ten dollars ($10.00).
A winery shall have the vinous liquor delivered to an Arkansas consumer
during the hours of the day that alcoholic beverages may be purchased in the
state.
A winery shall collect and remit to the Department of Finance and
Administration all sales taxes and excises taxes due on a sale to an individual
of this state as if the sale took place on the premises of an Arkansas Small
Farm Winery, including without limitation taxes under ACA §§
3-5-1605,
3-7-104,
3-7-111, and
3-7-201.
Amendment Section 3.4 "On Premises Wine
Restaurant or Cafe" means a place of business that is regularly used to serve a
meal to a guest for compensation and has a suitable kitchen facility to serve
an entire menu approved by the Alcoholic Beverage Control Division. The menu
shall contain a selection of food and shall not be limited to sandwiches or
salads. The kitchen shall have adequate refrigeration to preserve the food on
the menu, shall be kept in a sanitary condition, and shall comply with the
regulations of the Department of Health. For purposes of this regulation "meal"
means food commonly ordered at various hours of the day and "guest" means a
person who orders and is served a meal inside a cafe or restaurant during
regular hours. The principal business at a restaurant or cafe shall be the
serving of food for consumption on the premises. A drive-in food service
establishment shall not be considered a cafe or a restaurant for purposes of
this Section.
Section
3.17.1
Advertising or Providing Refunds or Rebates
or Other Inducements by Arkansas Wholesalers and Retailers.
No person holding any permit to sell any controlled beverages at retail
or wholesale shall advertise that such controlled beverages are available for
purchase in conjunction with a monetary rebate or give the impression that upon
purchase of a controlled beverage the consumer will be entitled to a monetary
refund or cash rebate from said retailer or wholesaler. Likewise, no such
person shall allow or give any such refund or rebate to any consumer in
conjunction with the purchase of any alcoholic beverages, except as provided
for below.
A retail permittee may offer, advertise and provide a discount by
promoting low prices or by specifically running a 'special" on a particular
alcoholic beverage. However, any discount provided must not be lower than the
invoice price of the alcoholic beverage. Further, the promotion of incentive
programs directed at specific groups (e.g. seniors, college students, military
enlistees, law enforcement personnel, etc.), will not be allowed. However,
loyalty programs will be allowed as long as the alcoholic beverage that is
discounted based on frequent purchases is not lower than the invoice price of
the discounted item. The loyalty discount may not be redeemed on the same visit
that it is earned, but may be applied to any future visit. These guidelines
apply to all print, broadcast, and internet promotions and advertisement by
alcoholic beverage permittees.
Further, no such person named above shall distribute or offer any
coupon or other inducement to purchase alcoholic beverages to the consumer.
Exceptions to these provisions are as set forth in Section 3.17.2 of these
Regulations.
Amendment to 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 donate intoxicating liquor to charitable or non-profit
organizations for non-profit functions where the charitable or non-profit
organization does not have a permit to dispense intoxicating liquors and where
such functions occur on a permitted premises of an on premises_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.
Amendment to Section 3.19(4) Sales to Certain Persons
Prohibited. The permittee or any employee, agent or servant of
the permittee sold to, offered for sale, dispensed, gave away, allowed the
possession or consumption of, or otherwise disposed of or furnished, any
controlled beverages by any person who is not a person permitted by these
Regulations or by the laws of the State of Arkansas to purchase, receive,
possess, or consume such beverages, including but not limited to any of the
following persons:
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.
Persons
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 has pleaded guilty or nolo
contendere to or has been found guilty of;
(1) a violation of a law concerning the
possession, sale, manufacture or transportation of intoxicating liquor
or
(2) a felony and who is on
probation or serving a suspended sentence as a result of the felony.
Provided, a person who has pleaded guilty or nolo
contendere to or has been found guilty of a felony and who is on probation or
serving a suspended sentence as a result of the felony may be employed by an on
premises permittee if the person works only in a kitchen and alcoholic
beverages are not served out of the kitchen. Provided
further, a person who has pleaded guilty or nolo contendere to
or has been found guilty of a felony and who is not on probation or serving a
suspended sentence as a result of the felony may be employed by an on premises
permittee in any capacity. Provided, that those
convicted felons whose felony conviction involves 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 not be employed as a manager, security
guard, bouncer, or in any position that requires the handling of alcoholic
beverages.
Section
3.19(10)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. (Amended 8-16-2011 )
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.
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 private club permit may employ persons 19 years of age or older 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.
Amendment to Section 4.6"Restaurant"
means any public place or private place that is primarily engaged in the
business of serving a meal for consumption on the premises to a guest, has a
seating capacity of at least fifty (50) people, and has a suitable kitchen
facility to serve the entire menu approved by the Alcoholic Beverage Control
Division. The menu shall contain a selection of food and shall not be limited
to sandwiches or salads. The kitchen shall have adequate refrigeration to
preserve the food on the menu, shall be kept in a sanitary condition, and shall
comply with the regulations of the Department of Health. Food from the menu
shall be available from opening time until (2) hours before closing time.
"Meal" means the usual assortment of food commonly ordered at various hours of
the day and "guest" means a person who. orders and is served a meal inside a
restaurant during regular hours. Provided, that
nothing in this regulation regarding the seating capacity of a restaurant shall
preclude a person with a concealed handgun permit issued by the Director of the
Arkansas State Police from carrying a concealed handgun into a restaurant as
defined herein.
Section
5.14.2
"Restaurant" means any public
place or private place that is primarily engaged in the business of serving a
meal for consumption on the premises to a guest, has a seating capacity of at
least fifty (50) people, and has a suitable kitchen facility to serve the
entire menu approved by the Alcoholic Beverage Control Division. The menu shall
contain a selection of food and shall not be limited to sandwiches or salads.
The kitchen shall have adequate refrigeration to preserve the food on the menu,
shall be kept in a sanitary condition, and shall comply with the regulations of
the Department of Health. Food from the menu shall be available from opening
time until (2) hours before closing time. "Meal" means the usual assortment of
food commonly ordered at various hours of the day and "guest" means a person
who orders and is served a meal inside a restaurant during regular
hours.
Section 5.30
Private Club in Dry Area to Dispense Alcoholic Beverages to
Members and Guests.
A private club located in a dry area of the state may dispense
alcoholic beverages only to members and to guests who are in the physical
company of a member. Provided, that an employee
of the private club may not act as a host for any guest.
Section 5.47
Advertising the
Availability of Alcoholic Beverages to the Public by a Private Club in a Dry
Area* Private clubs in any area of the state where the sale of
alcoholic beverages is prohibited by law ("dry" area) are prohibited from using
the advertising media, including any signs or trade names on the exterior of
the club building, to promote the consumption and use of alcoholic beverages
within the club. The use of terms such as "happy hour", or any other term or
brand name that generally identifies any brand or mixture of alcoholic
beverages, is included in this prohibition.
No private club, located in either a "wet or dry" area of the state,
may advertise or use any part of the advertising media to announce social
functions of general interest to the membership, entertainment, or other
similar activities within the confines of the club property, without preceding
such advertisement or announcement with the words "Notice to Members" or
"Attention Members" prominently displayed, and the name of the club or
organization sponsoring such social activities.
