Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.09-001 - Rules regarding: service of food in private clubs; filing the annual report for non-profit corporations by private clubs; Small Restaurant Permit; hours of sale of beverages on Sunday at on premises outlets; Minimum Wholesale Liquor Permits; Restaurant Beer and Wine Permit; hours of sale of beverages for restaurants in parimutuel waging areas; to prohibit alcohol vaporizing devices; equal dock prices for beer wholesalers; hours of sale of beverages at parimutuel outlets; payment for beverages by a retailer with a insufficient funds check; complimentary beverages at hotels; purchase of lottery tickets in outlets

Current through Register Vol. 49, No. 6, June, 2024
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 )