(a) A permit holder authorized to deliver alcoholic beverages under 3 CAR § 3-402 or 3 CAR § 3-404 may deliver alcoholic beverages directly to a consumer only in a wet county or wet area and shall only be allowed to deliver in cities and counties, or portions of cities and counties, in which the:

1. (1) Manufacture or sale of intoxicating liquor is not prohibited as a result of a local option election held under Initiated Act No. 1 of 1942, Arkansas Code §§ 3-8-201 – 3-8-203 and Arkansas Code §§ 3-8-205 – 3-8-209; and
2. (2) Sale of alcoholic beverages for on-premises consumption has been approved by a majority vote at a referendum election as provided in Arkansas Code § 3-9-201 et seq.

(b)

1. (1) The delivery must be to the person that placed the order.
2. (2) The delivery must occur within the time of legal operating hours.