§ 3-9-202 - Definitions.
               	 		
3-9-202.    Definitions.
    As used in this subchapter, unless the context otherwise requires:
      (1)  "Board" means the Alcoholic Beverage Control Board of this state, or its successor agency;
      (2)  "Director" means the Director of the Alcoholic Beverage Control Division;
      (3)  "Alcoholic  beverages" means all intoxicating liquors of any sort, other than beer  and wine as described and regulated in      3-5-301 -- 3-5-307, and  3-9-301 et seq., respectively;
      (4)  "Initiated  Act" means Initiated Act No. 1 of 1942, as amended,      3-8-201 --  3-8-203 and 3-8-205 -- 3-8-209, which establishes the procedure for  local option elections to prohibit the manufacture or sale of  intoxicating liquor;
      (5)  "Dry  area" means any area in which the manufacture or sale of intoxicating  liquor is prohibited by a local option election heretofore or hereafter  held pursuant to the Initiated Act;
      (6)  "On-premises  consumption" means the sale of alcoholic beverages by the drink or in  broken or unsealed containers for consumption on the premises where  sold;
      (7)  "City" means any city of the first class or city of the second class in this state;
      (8)  "Restaurant" means any public or private place:
            (A)    (i)  Kept,  used, maintained, advertised, and held out to the public or to a  private or restricted membership as a place where complete meals are  served and where complete meals are actually and regularly served,  without sleeping accommodations, such a place being provided with  adequate and sanitary kitchen and dining equipment and a seating  capacity of at least fifty (50) people and having employed therein a  sufficient number and kind of employees to prepare, cook, and serve  suitable food for its guests or members.
                  (ii)  At  least one (1) meal per day shall be served, and the place shall be open  a minimum of five (5) days per week, with the exception of holidays,  vacations, and periods of redecorating; or
            (B)    (i)  Which  qualifies as a "large meeting or attendance facility", which is  defined, without limitation, as a facility housing convention center  activity, tourism activity, trade show and product display and related  meeting activity, or any other similar large meeting or attendance  activity and which either itself or through one (1) or more independent  contractors complies with all of the following:
                        (a)  Actually serves full and complete meals and food on the premises;
                        (b)  Has  one (1) or more places for food service on the premises with a seating  capacity for not fewer than five hundred (500) people;
                        (c)  Employs  a sufficient number and kind of employees to serve meals and food on  the premises capable of handling at least five hundred (500) people; and
                        (d)  Serves  alcoholic beverages on the premises at one (1) or more places only on  days that meals and food are served at one (1) or more places on the  premises.
                  (ii)    (a)  Any  on-premises restaurant permittee as licensed by    3-9-202(8)(A) and any  hotel or motel on-premises permittee as licensed by    3-9-202(9) shall  be allowed to serve alcoholic beverages purchased under its permit at  any large meeting or attendance facility which is licensed under this  subdivision (8)(B). Hotel, motel, and restaurant permittees may serve  alcoholic beverages purchased under their permits only when they have  first secured written permission from the permittee of the large meeting  or attendance facility. Otherwise, alcoholic beverage service at the  large meeting or attendance facility shall be from inventory purchased  by the large meeting or attendance facility permittee.
                        (b)  Written  permission shall not be granted for more than a five-day period. The  Alcoholic Beverage Control Division shall be given a copy of any such  written agreement. Any violations which occur while such permission is  being used shall lie against the hotel, motel, or restaurant using such  permission.
                        (c)  Any  hotel, motel, or restaurant that serves its alcoholic beverages at a  large meeting or attendance facility shall only do so pursuant to a  satellite catering permit to be issued by the division for an annual fee  of five hundred dollars ($500) per fiscal year or part thereof. The  permit shall be applied for on forms as prescribed by the board.
                        (d)  The board shall promulgate such regulations as it deems necessary to implement subdivisions (8)(B)(ii)(a)-(c) of this section;
                  (iii)  When  a large attendance facilities permit has been issued to a  government-owned facility located in a county that has a population of  more than one hundred fifty-five thousand (155,000) according to the  2000 Federal Decennial Census, Arkansas-licensed beer wholesalers shall  be allowed to pay for advertising devices used at the government-owned  facility. Such advertising devices shall include items such as inside or  outside signs, scoreboards, programs, scorecards, and the like.  Provided, if such advertising by the beer wholesaler results in the  formation or existence of an exclusive buying arrangement by the large  attendance facilities permittee and the wholesaler who furnishes such  items, then such an exclusive buying arrangement will be a violation of  the large attendance facilities permit and the wholesale beer permit  involved even if the arrangements are caused by third parties. To the  extent that    3-5-214 or any other law could be interpreted to preclude  such advertising arrangements allowed in this subdivision (8)(B)(iii),  they are held inapplicable;
                  (iv)    (a)  When  a large attendance facilities permit has been issued to a facility  owned or operated by the owner of a professional sports team franchised  by Minor League Baseball and within a county that has a population of  more than one hundred fifty-five thousand (155,000) according to the  2000 Federal Decennial Census, the operator of the facility may accept  sponsorship funds, advertising items, or promotional items from licensed  beer wholesalers. Promotional items shall include items used by the  facility to promote attendance.
                        (b)  However,  if the use of sponsorship funds, advertising items, or promotional  items by the beer wholesaler results in the formation or existence of an  exclusive buying arrangement by the large attendance facilities  permittee and the wholesaler who furnishes the sponsorship funds,  advertising items, or promotional items, then the exclusive buying  arrangement will be a violation of the large attendance facilities  permit and the wholesaler's wholesale beer permit even if the  arrangements are caused by third parties.
                        (c)  Section  3-5-214 or any other law that could be interpreted to preclude  arrangements to use the sponsorship funds, advertising items, or  promotional items allowed in this subdivision (8)(B)(iv) shall not apply  to this subdivision (8)(B)(iv);
      (9)  "Hotel"  means every building or other structure commonly referred to as a  hotel, motel, motor hotel, motor lodge, or by similar name, which is  kept, used, maintained, advertised, and held out to the public to be a  place where food is actually served and consumed and sleeping  accommodations are offered for adequate pay to travelers or guests,  whether transient, permanent, or residential, in which fifty (50) or  more rooms are used for the sleeping accommodations of such guests, and  having one (1) or more public dining rooms with adequate and sanitary  kitchen facilities, and a seating capacity for at least fifty (50)  persons, where meals are regularly served to such guests, such sleeping  accommodations and dining room being conducted in the same building or  in separate buildings or structures used in connection therewith that  are on the same premises and are a part of the hotel operation;
      (10)    (A)    (i)  "Private  club" means a nonprofit corporation organized and existing under the  laws of this state, no part of the net revenues of which shall inure  directly or indirectly to the benefit of any of its members or any other  individual, except for the payment of bona fide expenses of the club's  operations, and which is conducted for some common recreational, social,  patriotic, political, national, benevolent, athletic, community  hospitality, professional association, entertainment, or other nonprofit  object or purpose other than the consumption of alcoholic beverages.
                  (ii)  The  nonprofit corporation shall have been in existence for a period of not  less than one (1) year before applying for a permit, as prescribed in  this subchapter.
                  (iii)  At  the time of application for the permit, the nonprofit corporation must  have not fewer than one hundred (100) members and at the time of  application must own or lease, be the holder of a buy-sell agreement or  offer and acceptance, or have an option to lease a building, property,  or space therein for the reasonable comfort and accommodation of its  members and their families and guests and restrict the use of club  facilities to those persons.
            (B)  For  purposes of this subdivision (10), a person shall be required to become  a member of the private club in any wet area of the state only upon  ordering an alcoholic beverage as defined under subdivision (3) of this  section.
            (C)  Furthermore,  where the business entity that holds a private club permit additionally  holds a retail beer permit, retail wine for consumption on the premises  permit, or cafe or restaurant wine permit, the hours of operation  authorized for the private club shall likewise apply to all permits of  the business entity;
      (11)  "Referendum  election" means an election held as provided in this subchapter, at  which the electors of a city or county shall vote on the question of  authorizing, as provided herein, the sale of alcoholic beverages for  on-premises consumption in those areas of the city or county in which  the lawful sale of alcoholic beverages has not been prohibited by a  local option election held pursuant to the Initiated Act;
      (12)  "Person" means any natural person, partnership, association, or corporation; and
      (13)  "Bed  and breakfast private club" means a corporation, partnership,  individual, or limited liability corporation whose primary function is  to provide overnight accommodations to the public, not exceeding a total  of twenty (20) guest rooms on the premises, whether operated by the  business owner or not, where the owner or a person representing the  owner lives on the premises, where a breakfast meal is served to the  lodging guest, and where no restaurant on the premises is open to the  public except for the lodging guest.