1. (a) As used in this part:

   1. (1) “Barrel” means thirty-one gallons (31 gals.);
   2. (2) “Club” means a private club;
   3. (3) “Dry area” means an area in which the sale or manufacture of intoxicating liquors, as defined by Arkansas Code § 3-8-201 et seq., is prohibited;
   4. (4) “Guest” means an individual who is personally known by the member’s family and who is admitted to the club premises by personal introduction or in the physical company of the member or one (1) of the member’s family and who otherwise qualifies as a guest under this part;

   5. (5)

      1. (A) “Guest book” means a well-bound book showing the:

2. (i) Name of the host;

   1. (ii) Name of the guest; and

      1. (iii) Date on which the guest is upon the premises.
      2. (B) A guest book shall be kept by the private club for a period of six (6) months from the last date of use of the guest book;
   2. (6) “Locker system” means a system of operation of a private club whereby all controlled beverages dispensed on the premises of the private club are owned by the members of the club individually;
   3. (7) “Malt beverage” means liquor brewed from fermented juices of grain and having an alcoholic content of at least five percent (5%) but not more than twenty-one percent (21%) by weight;
   4. (8) “Managing agent” means the individual or individuals who shall be actually in charge of and responsible for the day-to-day operations of the private club on the permitted premises;
   5. (9) “Member” means a person who has been admitted to membership in the private club;
   6. (10) “Member’s family” means the spouse, parents, and children of a member;

   7. (11)

      1. (A) “Membership book” means a well-bound book in which is shown the following about each member:

         1. (i) The full name of the member;
         2. (ii) His or her initial membership number, which shall be issued in sequence;
         3. (iii) The current complete address of such member;
         4. (iv) The date such member was admitted to membership, if such be after the effective date of this part; and
         5. (v) The date, if applicable, such member was removed from the membership, if such be after the effective date of this part.
      2. (B) When a member has been removed from membership, his or her membership number may be reassigned to another member.
      3. (C) Additional well-bound books may be used if necessary to record the information required by this part, but all such books shall be kept by the club for a period of three (3) years.
      4. (D) A club using a business machine to maintain its membership records shall not be required to keep a well-bound book if such machine provides the information required by this part;

   8. (12) “Membership card” means a card identifying the:

      1. (A) Name of the private club;
      2. (B) Name of the member; and
      3. (C) Date on which the membership card was issued;
   9. (13) “Microbrewery” means a brewery that manufactures one (1) or more varieties of beer, malt beverages, or hard cider in an aggregate quantity not to exceed forty-five thousand (45,000) barrels per year from all facilities under common ownership with the microbrewery;

   10. (14) “Microbrewery-restaurant private club” means a nonprofit organization organized and existing under the laws of this state that:

       1. (A) Is both a microbrewery and a restaurant;
       2. (B) Has members which are not directly or indirectly benefitted by the entity’s net revenues;
       3. (C) Exists for some common recreational, social, patriotic, political, national, benevolent, athletic, community hospitality, professional association, entertainment, or other object or purpose other than the consumption of alcoholic beverages; and
       4. (D) Has existed for at least one (1) year;
   11. (15) “Net revenues” means any amount of receipts realized by the club from the dispensing of controlled beverages in excess of the bona fide expenses of the club;
   12. (16) “Pool or revolving fund system” means a system of operation of a private club whereby the entire stock of controlled beverages on the premises of the club is owned in common by the membership of the private club;
   13. (17) “Private club” means a nonprofit corporation organized and existing under the laws of the State of Arkansas, no part of the net revenues of which shall inure directly or indirectly to the benefit of any of its members or any other individual, except for the payment of bona fide expenses of the club’s operation, having not less than one hundred (100) members, conducted for some common recreational, social, patriotic, political, national, benevolent, athletic, community hospitality, professional association, entertainment, or other nonprofit objective or purpose other than the consumption of alcoholic beverages, which shall have been in existence for a period of not less than one (1) year before application for permit, and owning or leasing a building or space therein for the reasonable comfort and accommodation of its members and their families and guests and, in dry areas, restricting the use of the club facilities to such persons; and

   14. (18)

       1. (A) “Restaurant” means any public place or private place that is primarily engaged in the business of serving a meal for consumption on the premises to a guest, has a seating capacity of at least fifty (50) people, and 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) A microbrewery-restaurant private club must also serve at least one (1) meal per day and be open for business a minimum of five (5) days per week, with the exception of holidays, vacations, and periods of redecorating.
3. (b) Membership information not to be released. No organization holding a private club permit shall market, sell, or otherwise furnish the name of its members, or any other information pertaining to its members, to any other public or private entity, except as is authorized in Arkansas Code § 3-9-232(a).

Codification Notes: Subdivision (5) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-20-97)" Subdivision (9) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-17-05)" Subdivision (11) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-17-05)" Subdivision (12) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-17-05)" Subdivision (16) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-17-05)" Subdivision (17) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-17-05)" Subdivision (19) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 2020)" Subsection (b) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-17-05)"