Section
3.20
To go and delivery by a restaurant, A restaurant
holding a valid alcoholic beverage permit may sell alcoholic beverages in a
sealed container during legal operating hours directly to a consumer twenty-one
(21) years of age or older along with the purchase of a meal. The sale of
alcoholic beverages under this rule may occur:
1) At the point of sale to be consumed
off-premises;
2) At the
drive-through to be consumed off-premises;
3) At the curbside to be consumed
off-premises, or
4) Delivered to a
consumer at a location off-premises.
Restaurant as used in this rule means a public or private place
that:
1) Is kept, used, maintained,
advertised, and held out to the public or to a private or restricted membership
as a place where complete meals are actually and regularly served;
2) Provides adequate and sanitary kitchen and
dining equipment;
3) Has a seating
capacity of at least twenty-five (25) persons;
4) Employs a sufficient number and variety of
employees to prepare, cook, and serve suitable food for its guest or
members;
5) Serves at least one (1)
meal per day; and
6) Is open a
minimum of five (5) days per week, with the exception of holidays, vacations,
and periods of redecorating.
A meal is defined as the usual assortment of food commonly ordered at
various hours of the day.
Sealed container means a container with a secure cap or lid that
completely covers the opening for the container and a seal designed to make it
evident when the seal has been removed or broken. The seal is affixed to the
container by the licensee after the container is filled pursuant to a consumer
order for the drink. This may include the use of tape or other adhesive.
The restaurant to go and delivery rules do not apply to private clubs
or restaurants located in a dry area.
Section 3.21
Limits on alcohol and
quantities for to go or delivery by restaurant. A permit holder
authorized to sell alcoholic beverages with the purchase of a meal under Rule
3,20 is limited to the following quantities per sale:
1) Seventy-Two ounces (72 oz.) of beer, malt
beverage, or hard cider, or the equivalent of one (1) standard
six-pack;
2) Seven hundred fifty
milliliters (750 ml) of wine, or the equivalent of one (1) standard bottle;
and
3) Thirty-two ounces (32 oz.)
of spirituous liquors or the equivalent of four (4) eight-ounce drinks,
"Spiritous liquors" includes mixed drinks or specialty drinks that are made by
the permit holder at the premises and does not include unmixed spirits or
spirits in the manufacturer's original container.
Unless authorized by local election under Ark. Code Ann. Section
3-3-210,
a permit holder shall not sell alcoholic beverages under these rules on a
Sunday.
Section
3.22
Delivery by retail liquor, microbrewery restaurant,
small brewery, or hard cider manufacturer permit holders. Holders of
a retail liquor, microbreweryrestaurant, small brewery, or hard
cider manufacturer permit shall be authorized to deliver alcoholic beverages
directly to the private residence of a consumer twenty-one (21) years of age or
older in a wet county or territorial subdivision during legal operating hours.
Alcoholic beverages for the purpose of this rule shall mean any intoxicating
liquors that the permit holder is allowed to sale.
Section 3.23
Delivery by employee
only. The permit holder authorized to deliver alcoholic beverages under
Rule 3.20 or Rule 3,22 shall be delivered by an employee of the permit holder
and not through a third-party delivery system. The employee responsible for
deliveiy of the alcoholic beverage must be twenty-one (21) years of age and
possess a valid driver's license.
Section
3.24
Delivery in wet counties only. A permit holder
authorized to deliver alcoholic beverages under Rule 3,20 or Rule 3.22 may
deliver alcoholic beverages directly to a consumer only in a wet county or wet
area. The delivery must be to the person that placed the order. The delivery
must occur within the time of legal operating hours.
Section 3.25
Required information for
placing order for alcoholic beverages. The employee or permit holder of
the permitted establishment must collect the following information when taking
a customer's order under Rule 3,20 or Rule 3.22:
1) Name of person making order;
2) Address where delivery is to
occur;
3) Phone number of the
person making the order;
4) Date of
birth for the person making order; and
5) Payment information;
Section 3.26
Required information for
delivery: The employee or permit holder of the permitted establishment
must confirm and collect the following information when completing the
delivery:
1) Name of person receiving the
order;
2) Address where delivery
occurred;
3) Phone number of the
person receiving the order;
4) Date
of birth for the person receiving the order;
5) Payment information;
6) The recipient of the delivery must present
valid state issued identification to the employee of the permitted
establishment to confirm date of birth; and
7) The recipient must sign for the
delivery.
Section 3.27
Record retention. The permitted establishment shall keep and
retain a record of all deliveries of alcoholic beverages for a period three (3)
years from the date of delivery and shall make such records available to
Alcoholic Beverage Control Administration and Alcoholic Beverage Control
Enforcement upon request. The records shall contain:
1) The name of the person who placed the
order and the date, time, and method of order;
2) The name of the employee making the
delivery and the date, time, and address of the delivery;
3) The type, brand, and quantity of each
alcoholic beverage delivered; and
4) The name, date of birth, and signature of
the person that received the delivery.
Section 3.28
Delivery not allowed.
Employees delivering alcoholic beverages under this subtitle shall
refuse delivery and return alcoholic beverages to the permitted establishment
if:
1) The delivery is to an address on a
campus of any educational building including, but not limited to, any
elementary school, secondary school, university, college, technical college or
institute;
2) The delivery is to
any public playground or building used primarily as a church, synagogue, mosque
or public library;
3) The delivery
is outside of the hours that the retailer's physical premise is open to the
public;
4) The recipient does not
produce a valid and current form of state identification;
5) There is reason to doubt the authenticity
or correctness of the recipient's identification;
6) The recipient refused to sign for the
receipt of the delivery;
7) The
recipient is intoxicated; or
8) The
recipient is in a dry county or located outside the county of the permitted
establishment.