§ 3-9-223 - Private clubs -- Permit renewal fees -- Taxes.
               	 		
3-9-223.    Private clubs -- Permit renewal fees -- Taxes.
    (a)    (1)  A permit shall be renewed on or before June 30 of each calendar year for the fiscal year beginning July 1.
      (2)  Any  permit issued between January and July 1 of any year shall be at  one-half (1/2) of the amount of the fee provided in    3-9-222.
(b)    (1)  In  addition, there is levied a supplemental tax of ten percent (10%) upon  the gross proceeds or gross receipts derived by the private club from  the charges to members for the preparation and serving of mixed drinks  or for the cooling and serving of beer and wine, drawn from the private  stocks of the members as provided in    3-9-221, for consumption only on  the premises where served.
      (2)  In  addition to the tax levied under subdivision (b)(1) of this section, a  supplemental tax of four percent (4%) is levied on the gross proceeds or  gross receipts derived by the private club from the charges to members  for the preparation and serving of mixed drinks drawn from the private  stocks of the members as provided in    3-9-221 for consumption only on  the premises where served.
(c)    (1)  The  supplemental tax shall be reported and paid to the Director of the  Department of Finance and Administration in the same manner and at the  same time as the gross receipts tax under the Arkansas Gross Receipts  Act of 1941,    26-52-101 et seq., and shall be in addition to the tax.
      (2)    (A)  The  tax levied under subdivision (b)(2) of this section shall be credited  as special revenues to the University of Arkansas Medical Center Fund.
            (B)    (i)  The  funds credited under subdivision (c)(2)(A) of this section shall be  used exclusively for making loan repayments for construction projects  authorized by Acts 1989 (1[st] Ex. Sess.), No. 261, until the loan is  paid in full.
                  (ii)  After  the Chancellor of the University of Arkansas for Medical Sciences  certifies in writing to the Chief Fiscal Officer of the State that the  loan has been repaid in full, then revenue from the tax collected under  subdivision (b)(2) of this section may be used for any purpose  authorized by law.
(d)  The director  shall promulgate reasonable rules and regulations for the enforcement  and collection of the tax levied herein, including a requirement that  each permittee maintain records showing all such charges made.
(e)  The taxes herein prescribed may be passed on to the members.
(f)    (1)  In  addition to the fee or supplemental tax as levied herein, any city or  incorporated town or any county in which the permitted premises are  located, if located outside the limits of a city or incorporated town,  may levy an additional permit fee or supplemental tax or both additional  permit fee and supplemental tax not to exceed one-half (1/2) of the  amount of the fee or rate provided in this section.
      (2)  All  fees and taxes levied hereunder by any city or county shall be used for  city or county general purposes or for city or county economic  development purposes.
(g)  Holders of  a bed and breakfast private club permit are exempt from the  supplemental taxes in subsections (b) and (f) of this section.
(h)    (1)  The  Department of Finance and Administration shall notify the city or  county of an audit for the supplemental tax on the sale of alcoholic  beverages consumed on the premises if:
            (A)  The department audits a private club;
            (B)  The department makes an assessment related to the audit against the private club; and
            (C)  The  private club operates in a city or county that imposes a supplemental  tax on the sale of alcoholic beverages consumed on the premises under     3-9-223(f).
      (2)  The city or  county may use this information to administer its supplemental tax on  the sale of alcoholic beverages consumed on the premises.
      (3)  A  city or county provided information under this subsection is subject to  all of the confidentiality requirements of    26-18-303.