Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.19-013 - Microbrewery Restaurant Private Club - Rules 5.84-5.89

Current through Register Vol. 49, No. 6, June, 2024
SUBTITLE H - OPERATION OF MICROBREWERY-RESTAURANT PRIVATE
				CLUB
Section 5.84 A
			 microbrewery-restaurant private club applicant shall be an entity organized and
			 existing under the laws of this state before applying for a
			 microbrewery-restaurant private club permit. The net revenues of the
			 microbrewery-restaurant private club shall not directly or indirectly benefit
			 its members, except for the payment of bona fide expenses of the
			 microbrewery-restaurant private club's operations. Activities at the
			 microbrewery-restaurant private club shall be conducted for some common
			 recreational, social, patriotic, political, national, benevolent, athletic,
			 community hospitality, professional association, entertainment, or other object
			 or purpose and not solely for the consumption of alcoholic beverages. At the
			 time of application for a microbrewery-restaurant private club permit, the
			 entity shall own or lease, be the holder of a buy-sell agreement or offer and
			 acceptance, or have an option to lease a building, property, or space for the
			 reasonable comfort and accommodation of its members and the families and guests
			 of its members. The microbrewery-restaurant private club shall restrict the use
			 of club facilities to its members and the families and guests of its members.
			 For purposes of the microbrewery-restaurant private club, a person is a member
			 of the
microbrewery-restaurant private club only upon ordering an
			 alcoholic beverage.
If the entity holding a microbrewery-restaurant
			 private club permit additionally holds another alcoholic beverage permit, the
			 hours of operation authorized for the microbrewery-restaurant private club
			 applies to all permits of the entity.
Section
			 5.85
Procedure for Obtaining Permit.
A
			 microbrewery-restaurant private club applicant may apply to obtain a
			 microbrewery-restaurant private club through the procedures provided under
			 Section 5.15 and Section 1.20. The application for a microbrewery-restaurant
			 private club shall be submitted to the division and accompanied by an annual
			 permit fee of one thousand five hundred dollars ($1,500), In an area in which
			 the sale of alcoholic beverages is not authorized by local option under §
			 3-8-201
et seq.,
the application for a microbrewery-restaurant
			 private club permit shall be accompanied by an additional application fee of
			 one thousand five hundred dollars ($1,500). The director may issue a permit as
			 authorized in this section upon determination that the applicant is qualified
			 and that the application is in the public interest.
The Director may issue a microbrewery-restaurant private club
				permit if the microbrewery-restaurant private club premises are in a dry area
				and the governing body has approved an applicant.
The Director may issue an additional microbrewery-restaurant
				private club permit after October 1, 2019, to a person or entity holding a
				microbrewery-restaurant private club permit as of October 1, 2019, and having
				more than five percent (5%) common ownership with a person or entity if the
				person or entity holds a permit under the Arkansas Small Brewery Act, §
				3-5-1401 et seq., or qualifies as a supplier under § 3-5-1102.
(ii) The request is approved by the division;
			 and
(iii) Written notice is given
			 by the division to the permit holder at least five (5) days before the event.
The microbrewery-restaurant private club shall use only beer,
				malt beverage, and hard cider produced by the microbrewery-restaurant private
				club for an event approved.
This section does not authorize the conducting of a
				beer-tasting, malt beverage-tasting, and hard cider-tasting event at a separate
				brewing facility of a microbrewery-restaurant private club