1. (a) As used in this part:

   1. (1) “Alcoholic beverages” means all intoxicating liquors of any sort other than beer and wine;

   2. (2) “Hotel” means every building or other structure commonly referred to as a hotel, motor hotel, motor lodge, or similar name:

      1. (A) That is kept, used, maintained, advertised, and held out to the public to be a place where a restaurant, as defined under this part, is maintained, and sleeping accommodations are offered for adequate pay to travelers or guests whether transient, permanent, or residential;
      2. (B) In which fifty (50) or more rooms are used for sleeping accommodations of such guests; and
      3. (C) Having one (1) or more public dining rooms with adequate and sanitary kitchen facilities 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:

2. (i) On the same premises; and

   1. (ii) Part of the hotel operation;
   2. (3) “Hotel or motel permit” means a permit issued by authority of Acts 1969, No. 132, under which beverages described in the permit may be sold for consumption only on the premises of the hotel or motel described in the permit;

   3. (4)

      1. (A) “Restaurant” means any public place or private place that:

         1. (i) Is primarily engaged in the business of serving a meal for consumption on the premises to a guest;
         2. (ii) Has a seating capacity of at least fifty (50) people; and
         3. (iii) Has a suitable kitchen facility to serve the entire menu approved by the Alcoholic Beverage Control Division.
      2. (B) The menu shall contain a selection of food and shall not be limited to sandwiches or salads.

      3. (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.
      4. (D) Food from the menu shall be available from opening time until two (2) hours before closing time.
      5. (E) “Meal” means the usual assortment of food commonly ordered at various hours of the day, and “guest” means a person who orders and is served a meal inside a restaurant during regular hours.
      6. (F) Provided, that nothing in this part regarding the seating capacity of a restaurant shall preclude a person with a concealed handgun permit issued by the Director of the Division of Arkansas State Police from carrying a concealed handgun into a restaurant as defined herein;
   4. (5) “Restaurant permit” means a permit issued by authority of Acts 1969, No. 132, under which controlled beverages described in the permit may be sold for consumption only on the premises of the restaurant described in the permit; and

   5. (6)

      1. (A)

         1. (i) “Temporary expansion of premises permit” means a permit issued to hotels or motels with mixed drink permits for the sale of alcoholic beverages on property adjacent to their permitted premises.
         2. (ii) The hours of operation under said permit shall be the same as those under the hotel or motel mixed drink permit held by the outlet.
         3. (iii) The fee for such permit shall be the same as the annual fee for the hotel or motel mixed drink permit and the term of said permit shall, likewise, be the same as the outlet’s hotel or motel mixed drink permit.

      2. (B)

         1. (i) Applicants for such permit shall meet requirements as:
3. (a) (a) Established by the Director of the Alcoholic Beverage Control Division; and

4. (b) (b) Set out in the application and attachments thereto.

   1. (ii) The area of expansion must be designated and controlled in a manner satisfactory to the Director of the Alcoholic Beverage Control Division.

      1. (C)

         1. (i) A request must be made in writing for each temporary expansion under this permit at least fourteen (14) days in advance of the date wherein the expansion is requested to occur.
         2. (ii) Approval to sell and serve alcoholic beverages under this permit shall be in writing by the Director of the Alcoholic Beverage Control Division to the permittee and each such authorization shall not exceed a period of three (3) consecutive days.
         3. (iii) A copy of such approval shall be sent by mail to the Alcoholic Beverage Control Enforcement Division and the local law enforcement agency having primary jurisdiction over the permitted outlet.

      2. (D)

         1. (i) Any action by the Director of the Alcoholic Beverage Control Division in granting or denying any such permit application is appealable to the Alcoholic Beverage Control Board pursuant to Section 1.51.
         2. (ii) All laws and rules governing the sale and service of alcoholic beverages applicable to the hotel or motel mixed drink permit holder shall likewise apply to the area of approved temporary expansion.

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

   1. (1) Definitions under the other parts of these rules;
   2. (2) Laws of the State of Arkansas; or
   3. (3) Customs and usages of the trade or the people of the State of Arkansas.

Codification Notes: This part as promulgated prior to codification into the Code of Arkansas Rules included a notation at the end of subdivision (a)(4)(F) of this section as follows: “(Amended 8-21-13)". This part as promulgated prior to codification into the Code of Arkansas Rules included a notation at the end of subdivision (a)(6)(D)(ii) of this section as follows: "(Adopted 6-13-91)".