Section 5.15 Presumption That The Application is Qualified to be Received by Agency; Information, Statements and Documents to be Furnished by Applicant.
A. A private club application filed with and accepted by the ABC Division meeting the requirements of Section 5.14 of the Alcoholic Beverage Control Regulations will be presumed to be a “qualified application” under the terms of ACA § 3-9-222(f). This presumption shall be met if the application is accompanied by the required documents listed in Subsection B. of this Regulation.
B. In addition to such information as the Director may determine shall be furnished, the following information, statements and documents shall be given or made by an applicant for a private club permit and such application shall be verified under oath by the chairman of the board of directors or other governing body, the president and the secretary of said private club or the named managing agent of the non-profit corporation:
(1) The name, and residence of each consenting charter member of the club on the date of application and who is in good standing on the date of the application;
(2) The name, and address of each member of the board of directors or other governing body and each officer of the club;
(3) The premises to be permitted stating the street and number or such description of the premises and the character of the area surrounding the premises as will reasonably indicate the locality of the premises and will specifically designate and describe all areas on the premises of the club where controlled beverages will be dispensed and the consumption of such controlled beverages will be allowed;
(4) The applicant shall submit the description called for in Subsection (3) of this Regulation and a plot plan of the premises which shall clearly show the construction of the premises, including the dimensions thereof and the relation of the premises to surrounding structures;
(5) A detailed description of the non-profit purpose or objective of the club and a complete description of entertainment and/or other services offered by the club;
(6) The amount assessed a member as dues, if any, at the time of said application for permit;
(7) A copy of the minutes of the meeting of the governing board of the non-profit corporation which shows that the application for the private club permit is authorized by the organization’s governing body;
(8) A statement that the applicant is the owner of the premises for which the permit is sought or is the holder of an existing lease thereon. If the applicant is not the owner of the premises for which the permit is sought, the applicant must state the name of the owner of the premises and the names of any other persons holding a leasehold interest in the premises;
(9) A statement that no member of the board of directors or other governing body nor any of the officers of the club has been under the sentence, whether suspended or otherwise, of any court for the conviction of a felony within two (2) years preceding the date of the application, that no member of the board of directors or other governing body nor any of the officers of the club has had a permit, license or registration issued to them under any alcoholic beverage control law or Regulation of the State of Arkansas revoked within five (5) years preceding the date of application and that all members of the board of directors or other governing body and all officers of the club are of good moral character;
(10) A copy of the articles of incorporation, as filed-marked by the Arkansas Secretary of State's Office, and the by-laws of the private club shall be attached to the application;
(11) If the premises are not owned by the applicant, a copy of the lease or other agreement for use of the premises shall be attached to the application; and
(12) The applicant, in the application, must elect to operate under either the “locker system” or the “pool or revolving fund system” of operation.
(13) Permit Not to be Issued to Unqualified Corporation; Repealed 8-17-05
Section 5.16 Election of System of Operation Binding.
The election made in the application for a private club permit to operate said private club under either the “locker system” or the “pool or revolving fund system” of operation shall be binding upon said club for the life of the permit.
Section 5.17 Private Club to Operate for Non-Profit Purpose or Objective Described in Application.
No private club shall operate for any purpose or objective other than the non-profit purpose or objective described in said club’s permit application.
Section 5.17.1 Satellite Location for Private Clubs in Hotel Buildings.
In any case where an on premises consumption private club permit has been issued to an organization which owns or leases space within a hotel building, the private club organization may elect to have, subject to approval by the Director, an additional location or locations which must be located on contiguous property owned or controlled by the same hotel entity from which the private club leases its space. When such application is made it shall be on forms provided by this Agency. An additional permit fee of five hundred dollars ($500.00) per year shall be procured from the organization seeking such satellite location per hotel as set forth above. (Amended 8-20-97)
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. (Amended 8-16-11)