1. (a) As used in this part:

   1. (1) “Consumer” means any person who receives or in any way comes into the possession of controlled beverages for the purpose of consuming them, giving them away, or distributing them in any way other than by sale, barter, or exchange;

   2. (2)

      1. (A) “On-premises wine restaurant or café” means a place of business:

2. (i) That is regularly used to serve a meal to a guest for compensation; and

   1. (ii) Has a suitable kitchen facility to serve an entire menu approved by the Alcoholic Beverage Control Division.

      1. (B) The menu shall:

         1. (i) Contain a selection of food; and
         2. (ii) Not be limited to sandwiches or salads.

      2. (C) The kitchen shall:

         1. (i) Have adequate refrigeration to preserve the food on the menu;
         2. (ii) Be kept in a sanitary condition; and
         3. (iii) Comply with the rules of the Department of Health.

      3. (D) For purposes of this part:

         1. (i) “Guest” means a person who orders and is served a meal inside a café or restaurant during regular hours; and
         2. (ii) “Meal” means food commonly ordered at various hours of the day.
      4. (E) The principal business at a restaurant or café shall be the serving of food for consumption on the premises.
      5. (F) A drive-in food service establishment shall not be considered a café or a restaurant for purposes of this section; and
   2. (3) “Retailer” means any person who holds a permit under any alcoholic beverage control law of the State of Arkansas to sell at retail controlled beverages to consumers only.

3. (b) Definition of other terms. All other terms used in this part shall be defined in accordance with the:

   1. (1) Definitions under the parts of this chapter; and
   2. (2) Customs and usages of the trade and people of the State of Arkansas.

Codification Notes: Subdivision (a)(2) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “(Amended 8-21-13)”