- (a) As used in this section, “spirituous liquors” means mixed drinks or specialty drinks that are made by the permit holder at the premises.
(b) Except as provided in Arkansas Code § 3-9-242, notwithstanding the provisions of Arkansas Code § 3-4-404(15) concerning vending machine sales, an on-premises consumption permit holder may sell controlled beverages via a dispensing machine located on the premises if:
- (1) The dispensing machine is not located at a customer’s booth or table;
(2) The customer activates the dispensing machine with a radio frequency identification device supplied by:
- (A) The on-premises consumption permit holder; or
- (B) A clerk, servant, agent, or employee of the on-premises consumption permit holder;
- (3) The radio frequency identification must be attached to the customer at all times;
(4) The dispensing machine does not dispense more than the following before the radio frequency identification device requires reactivation by the on-premises consumption permit holder or a clerk, servant, agent, or employee of the on-premises consumption permit holder:
- (A) Thirty-two ounces (32 oz.) of beer;
- (B) Twelve ounces (12 oz.) of wine;
- (C) Ten ounces (10 oz.) of mixed spirituous liquors; or
- (D) Three ounces (3 oz.) of unmixed spirits;
- (5) The on-premises consumption permit holder or a clerk, servant, agent, or employee of the on-premises consumption permit holder monitors the sale, service, and consumption of beer, wine, spirituous liquors, or unmixed spirits from the dispensing machine to ensure compliance with this Alcoholic Beverage Control Division rule; and
- (6) An on-premises consumption permit holder or a clerk, servant, agent, or employee of the on-premises consumption permit holder that supplies a radio frequency identification device under subdivision (b)(2) of this section or reactivates a radio frequency identification device under subdivision (b)(4) of this section shall comply with Arkansas Code § 3-9-236.