Private clubs — Exception from alcoholic beverage laws

Ark. Code Ann. § 3-9-221 — under On-premises Consumption.

Ark. Code Ann. § 3-9-221

(a) The General Assembly recognizes that:(1) (A) There are a number of counties or parts of counties where the public retail sale of intoxicating liquors has not been approved by the voters.(B) However, within those counties or parts of counties there are significant developments of tourism facilities and large-event facilities that promote the economic development of the state;(2) To ensure that tourism and large-event facilities as well as other associated activities are allowed to exist to promote the economic development in the state, a new hotel or large-event facility private club permit, for use in those places where the public retail sale of intoxicating liquors is not authorized, should be created;(3) These permits are necessary so that persons visiting hotels or large-event facilities in these areas will be able to enjoy the amenities that a person might find in other states;(4) This additional permit will enhance the experience of going to hotels or large-event facilities that may display items of historic interest, contain extensive art collections, or host musical or dramatic presentations; and(5) Further, since the counties or parts of counties in which these hotels or large-event facilities will be located do not allow the open public retail sale of intoxicating liquors, the hotel facilities or large-event facilities should be allowed to offer alcoholic beverages to guests.

(1) (A) There are a number of counties or parts of counties where the public retail sale of intoxicating liquors has not been approved by the voters.(B) However, within those counties or parts of counties there are significant developments of tourism facilities and large-event facilities that promote the economic development of the state;

(A) There are a number of counties or parts of counties where the public retail sale of intoxicating liquors has not been approved by the voters.

(B) However, within those counties or parts of counties there are significant developments of tourism facilities and large-event facilities that promote the economic development of the state;

(2) To ensure that tourism and large-event facilities as well as other associated activities are allowed to exist to promote the economic development in the state, a new hotel or large-event facility private club permit, for use in those places where the public retail sale of intoxicating liquors is not authorized, should be created;

(3) These permits are necessary so that persons visiting hotels or large-event facilities in these areas will be able to enjoy the amenities that a person might find in other states;

(4) This additional permit will enhance the experience of going to hotels or large-event facilities that may display items of historic interest, contain extensive art collections, or host musical or dramatic presentations; and

(5) Further, since the counties or parts of counties in which these hotels or large-event facilities will be located do not allow the open public retail sale of intoxicating liquors, the hotel facilities or large-event facilities should be allowed to offer alcoholic beverages to guests.

(b) (1) In order to clarify the alcoholic beverage control laws of this state and to regulate and prohibit the sale of alcoholic beverages in violation of the provisions of this subchapter and other applicable alcoholic beverage control laws of this state, the General Assembly determines that the preparation, mixing, and serving of mixed drinks, beer, and wine for consumption only on the premises of a private club as defined in § 3-9-202 and the making of a charge for such services shall not be deemed to be a sale or be in violation of any law of this state prohibiting the manufacture, sale, barter, loan, or giving away of intoxicating liquor whenever the private club has acquired a permit from the Alcoholic Beverage Control Board, in the form as the board may appropriately determine.(2) (A) A private club may serve any alcoholic beverage on the golf course on which the private club is located when the private club is hosting a professional golf tournament or other charitable golf tournament sponsored by a charitable organization described in 26 U.S.C. § 501(c)(3) and the Director of the Alcoholic Beverage Control Division has been notified by the private club at least sixty (60) calendar days prior to the beginning of the event.(B) Persons attending the event may purchase alcoholic beverages from the private club.(C) The director may promulgate rules he or she deems necessary to implement this subdivision (b)(2).

(1) In order to clarify the alcoholic beverage control laws of this state and to regulate and prohibit the sale of alcoholic beverages in violation of the provisions of this subchapter and other applicable alcoholic beverage control laws of this state, the General Assembly determines that the preparation, mixing, and serving of mixed drinks, beer, and wine for consumption only on the premises of a private club as defined in § 3-9-202 and the making of a charge for such services shall not be deemed to be a sale or be in violation of any law of this state prohibiting the manufacture, sale, barter, loan, or giving away of intoxicating liquor whenever the private club has acquired a permit from the Alcoholic Beverage Control Board, in the form as the board may appropriately determine.

(2) (A) A private club may serve any alcoholic beverage on the golf course on which the private club is located when the private club is hosting a professional golf tournament or other charitable golf tournament sponsored by a charitable organization described in 26 U.S.C. § 501(c)(3) and the Director of the Alcoholic Beverage Control Division has been notified by the private club at least sixty (60) calendar days prior to the beginning of the event.(B) Persons attending the event may purchase alcoholic beverages from the private club.(C) The director may promulgate rules he or she deems necessary to implement this subdivision (b)(2).

(A) A private club may serve any alcoholic beverage on the golf course on which the private club is located when the private club is hosting a professional golf tournament or other charitable golf tournament sponsored by a charitable organization described in 26 U.S.C. § 501(c)(3) and the Director of the Alcoholic Beverage Control Division has been notified by the private club at least sixty (60) calendar days prior to the beginning of the event.

(B) Persons attending the event may purchase alcoholic beverages from the private club.

(C) The director may promulgate rules he or she deems necessary to implement this subdivision (b)(2).

(c) In order to clarify the alcoholic beverage control laws of this state and to regulate and prohibit the sale of alcoholic beverages in violation of the provisions of this subchapter and other applicable alcoholic beverage control laws of this state, the General Assembly determines that the preparation, mixing, and serving of wine and beer for consumption only by the lodging guests on the premises of a bed and breakfast private club as defined in § 3-9-202 and the making of a charge for the services shall not be deemed to be a sale or to be in violation of any law of this state prohibiting the manufacture, sale, barter, loan, or giving away of intoxicating liquor whenever:(1) The wine and beer consumed must have been purchased in an Arkansas licensed retail alcoholic beverage store, as authorized by the director;(2) The average annual volume of wine and beer consumed shall not exceed three gallons (3 gals.) per month per guest room; and(3) The bed and breakfast private club has acquired a permit from the board in such form as the board may appropriately determine.

(1) The wine and beer consumed must have been purchased in an Arkansas licensed retail alcoholic beverage store, as authorized by the director;

(2) The average annual volume of wine and beer consumed shall not exceed three gallons (3 gals.) per month per guest room; and

(3) The bed and breakfast private club has acquired a permit from the board in such form as the board may appropriately determine.

(d) (1) A private club located in an entertainment district may purchase from a holder of a small brewery permit the alcoholic beverages brewed by the small brewery permit holder if the private club located in the entertainment district and the small brewery permit holder are parties to an exclusive agreement.(2) The private club located in an entertainment district and the small brewery permit holder that enter into an exclusive agreement under subdivision (d)(1) of this section shall be located in adjacent counties.(3) A small brewery permit holder may enter into an exclusive agreement under this section with only one (1) private club at a time.

(1) A private club located in an entertainment district may purchase from a holder of a small brewery permit the alcoholic beverages brewed by the small brewery permit holder if the private club located in the entertainment district and the small brewery permit holder are parties to an exclusive agreement.

(2) The private club located in an entertainment district and the small brewery permit holder that enter into an exclusive agreement under subdivision (d)(1) of this section shall be located in adjacent counties.

(3) A small brewery permit holder may enter into an exclusive agreement under this section with only one (1) private club at a time.