Title 4, Subtitle D | Conduct of Business
Section 4.11 Controlled Beverages May be Served to Guest in Hotel or Motel Room.
Any person holding a hotel or motel permit may serve controlled beverages to a guest of the hotel or motel in the room occupied by such guest; provided such guests shall be legally eligible to receive such beverages.
Section 4.12 Controlled Beverages to be Served Only by Qualified Persons.
Controlled beverages may be served pursuant to a hotel or motel or restaurant permit only by persons qualified by these Regulations and the laws of the State of Arkansas to serve such controlled beverages, whether such controlled beverages be served on the premises described in the hotel or motel, or restaurant permit or to a guest of a hotel or motel in a room occupied by such guest.
Section 4.12.1 Hotel or Motel In-Room Hospitality Units.
A hotel or motel holding a public mixed drink permit may sell alcoholic beverages for on premises consumption only in sealed containers from an in-room hospitality unit located in any sleeping room of the permitted hotel or motel occupied by qualified persons. For the purpose of this Regulation, qualified persons are defined as registered guests, all of whom shall be twenty-one (21) years of age or older.
In-room hospitality unit is defined as a closed container, refrigerated or non-refrigerated, access to the interior of which is restricted by means of a locking device under the control of hotel management. Each such container shall have permanently affixed thereto a sign that informs the qualified guests of the legal hours the container may be accessed, such hours to correspond to state law regarding the sale or consumption of alcoholic beverages. The in-room hospitality unit herein described must meet such requirements as may be set forth by the Director and, further, must be approved by the Director in writing before sales may commence from such units.
An in-room hospitality unit may be stocked or inventoried only by the permittee or its employees, who are twenty-one (21) years of age or older, and only during the hours legally prescribed by law for the sale of alcoholic beverages by the hotel or motel. The following sizes and quantities of alcoholic beverages are authorized to be placed in and sold from an in-room hospitality unit:
(1) Wine and vinous liquor in 187 ml containers, with no more than a total of eight (8) containers per hospitality unit;
(2) Malt beverages in 12 ounce or less containers, with no more than a total of eight (8) containers per hospitality unit;
(3) Upon written approval by the Director, distilled spirits may be sold only in 200 ml or less size containers. Any container size less than 200 ml is specifically an exception from the provisions of Section 2.19 of these Regulations, and may only be sold in such in-room hospitality units. No more than a total of fourteen (14) such distilled spirit containers may be maintained in each hospitality unit. Based on container size approval, the Director shall determine the appropriate number of such containers allowed in the in-room hospitality unit.
The permittee shall remain accountable under applicable law and Regulation for sales from the in-room hospitality unit the same as if such were made from any other point of sale within the establishment. (Amended 7-19-95)
Section 4.13 Hotel or Motel and Restaurant Must Conform to Health, Safety and Sanitary Standards.
All areas of the premises of a hotel, motel or restaurant for which a permit has been issued must conform to the minimum health, safety and sanitary standards prescribed by the Arkansas State Department of Health or by any county or municipality in which such premises is located, whether the area is part of any other part of the premises of such hotel, motel or restaurant.
Section 4.14 Misrepresentation of Brand, Keeping Beverage in Unauthorized Container, Refilling, Diluting or Failing to Destroy Empty Bottles.
No person holding a hotel or motel, or restaurant permit shall misrepresent the brand of any controlled beverage sold or offered for sale, keep controlled beverages in any bottle or container other than that in which it was purchased, refill or partly refill any bottle or container of controlled beverage or dilute or otherwise tamper with the contents of any bottle or container of controlled beverage or fail to break and destroy by the close of each business day all such empty bottles or containers other than beer containers.
Section 4.15 All Controlled Beverages May be Sold During Legal Hours of Operation of Hotel or Motel, or Restaurant Permit.
All controlled beverages, including beer, may be sold pursuant to a hotel or motel, or restaurant permit at any time authorized by law. (Amended 7-19-95)
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