Section 5.55 Applicability of Other Regulations.
The Regulations under this Subtitle relate to the operation of private club permits which are located in wet areas; said operations being authorized by Act 1371 of 1999. The Regulations contained within this Subtitle should be regarded as being supplementary to the code provisions of the State of Arkansas regarding the matters covered by this Subtitle.
In addition to the Regulations found within this Subtitle, other Regulations applicable to private club permits under Title 5 will apply to operations of private club permits in wet areas, except to the extent excluded under this Subtitle. “Wet area” means any area of the state where the sale of alcoholic beverages is allowed by law. Also, other Regulations that pertain to the general operations of private club permits may be found under Title 1 and Title 3 of these Regulations. (Adopted 5-19-99)
Section 5.56 Application for Membership Required Only When Distilled Spirits Drink or Beverage Made From Distilled Spirits Product is Ordered.
Any private club permittee located within a wet area, under the terms of Act 1371 of 1999, as applies to the dispensing or consumption of alcoholic beverages, shall require a person to become a member of the private club only when that person orders a distilled spirits drink or a beverage made from distilled spirits products. No written membership application is required. No “guest” status (for the purpose of ordering a distilled spirits drink), as provided for private clubs in dry areas, is allowed. Provided, private clubs may elect, upon written notice to this agency, to operate the private club in accordance with the Regulations promulgated by this agency prior to the passage of Act 1371 of 1999. (Amended 8-17-05)
Section 5.57 Service of Distilled Spirits Drink to Members Only – Violation.
No person in a private club in a wet area shall be served a distilled spirits drink or a beverage made from distilled spirits products unless that person shall be a member of the private club. In order to prove membership status, any person receiving the distilled spirits drink must show, upon request, a membership card which has been issued to them in accordance with the provisions of this Subtitle, or in the alternative, they must have their name legibly entered, by the permittee or their employee, into a well bound, business identified, membership book. If a person consuming a distilled spirits drink is not in possession of a valid membership card, or if the membership book does not reflect that they are a current member of the private club, then a violation will lie against the permit. (Adopted 5-19-99)
Section 5.58 Membership Book Requirement for Private Clubs in Wet Areas.
The membership book for private clubs located in wet areas shall, at a minimum, reflect the member’s name and the date upon which their annual membership became effective. “Membership book” means a well bound book, identified by the name of the permitted establishment on the exterior cover, or a business machine listing which has been approved by the Director in writing. (Adopted 5-19-99)
Section 5.59 Membership Card.
Any person who joins a private club located in a wet area may, at the club’s option, be issued a membership card as provided above. If the club elects to issue membership cards, the membership cards shall reflect, at a minimum the name of the private club, the name of the member, and the date upon which the membership card was issued. Every membership card issued under the provisions of this Subtitle shall remain valid in accordance with the club’s by-laws, unless otherwise revoked or cancelled by the private club in accordance with such by-laws or any applicable law or regulation of the State of Arkansas. (Amended 8-17-05)
Section 5.60 Advertising Availability of Alcoholic Beverages to the Public by a Private Club in a “Wet” Area.
Private clubs in any wet area of the state are prohibited from using the advertising media to promote the consumption, use or availability of distilled spirits within the club. The use of terms which connote the availability of distilled spirits drinks, such as “Margarita Special”, “Martinis”, or any other term or brand name that generally identifies any brand or mixture of distilled spirits, is included in this prohibition. However, if an organization located in a wet area holding a private club permit also holds a retail beer and/or retail level wine permit, then said private club organization may advertise the availability of beer and/or wine for consumption on the private club premises. Further, the visual observation of the dispensing, service, or consumption of alcoholic beverages or alcoholic beverage signage within a private club located in a wet area does not constitute a violation of this Section. (Amended 8-20-03)
Section 5.61 Private Club Permittee May Not Allow the Sale of Beer for Off Premises Consumption From the Private Club Premises on Sunday.
Under Act 1371 of 1999, any member of the public may enter the private club premises in a wet area for the purchase of food (if available) and beer or wine products if the private club has the required retail beer and retail wine permits. No private club holding a retail beer permit may allow the off premises sale of beer on a Sunday or after 10:00 p.m. Monday through Saturday. (Amended 8-17-05)
Section 5.62 Sale of Beer to the Public – Retail Beer Permit Required – Source of Supply.
Any private club permitted organization in a wet area that desires to sell beer to the public for on premises consumption under the provisions of Act 1371 of 1999, must secure a retail beer permit for on premises consumption from the Alcoholic Beverage Control Division. If the private club has obtained the retail beer permit, then the private club must buy its beer from a licensed Arkansas wholesale beer dealer. (Adopted 5-19-99)
Section 5.63 Sale of Wine to the Public – Retail Wine Permit Required – Source of Supply.
Any private club permitted organization that desires to sell wine to the public for on premises consumption under the provisions of Act 1371 of 1999, must secure a retail level wine permit. If the private club has obtained the retail level wine permit, then the private club must buy its wine from a licensed Arkansas wholesale liquor dealer. (Adopted 5-19-99)
Section 5.64 Sale of Beer or Wine Without Requisite Permit – Violation.
If a private club permittee in a wet area sells either beer or wine to the public without having the required retail beer or retail level wine permits, as the case may be, then a violation will lie against the private club permit issued by this agency. If a private club organization elects not to obtain a retail beer and/or retail level wine permit in order to serve beer or wine to the public, it can only dispense such beverages to members of the non-profit organization; said beer and/or wine being purchased from an authorized retail liquor store as provided in other Subtitles of this Title. (Adopted 5-19-99)
Section 5.65 Payment for the Sale or Dispensing of Alcoholic Beverages in Private Clubs in “Wet” Areas Operating Pursuant to Act 1371 of 1999.
Payment for alcoholic beverages sold or dispensed in a private club in a wet area operating under the provisions of Act 1371 of 1999 shall be as is provided for in Section 3.19(5) of these Regulations. In addition, those private clubs that are located in any area of the state where the sale of alcoholic beverages is allowed by law (“wet” area) that assess minimum monthly dues of fifty dollars ($50.00) may assess such members for the cost of controlled beverages at the time of dispensing of the alcoholic beverages and then bill that member only on a subsequent date by mail. (Adopted 8-20-03)
Sections 5.66 – 5.74 Reserved