1. (a)

   1. (1) A private club application may only be submitted to the Alcoholic Beverage Control Division after the governing body of the county or municipality in which the private club seeks to be located has issued an ordinance approving the private club to operate in that county or municipality.
   2. (2) A private club application filed with and accepted by the division meeting the requirements of 3 CAR § 5-102(a)(17) and approved by local ordinance will be presumed to be a “qualified application” under the terms of Arkansas Code § 3-9-222(f).
   3. (3) This presumption shall be met if the application is accompanied by the required documents listed in subsection (b) of this section.

2. (b) In addition to such information as the Director of the Alcoholic Beverage Control Division may determine shall be furnished, the following information, statements, and documents shall be given or made by an applicant for a private club permit and such application shall be verified under oath by the chair of the board of directors or other governing body, the president, and the secretary of said private club, or the named managing agent of the nonprofit corporation:

   1. (1) The name and residence of each consenting charter member of the club on the date of application and who is in good standing on the date of the application;
   2. (2) The name and address of each member of the board of directors or other governing body and each officer of the club;
   3. (3) The premises to be permitted stating the street and number or such description of the premises and the character of the area surrounding the premises as will reasonably indicate the locality of the premises and will specifically designate and describe all areas on the premises of the club where controlled beverages will be dispensed and the consumption of such controlled beverages will be allowed;
   4. (4) The applicant shall submit the description called for in subdivision (b)(3) of this section and a plot plan of the premises which shall clearly show the construction of the premises, including the dimensions thereof and the relation of the premises to surrounding structures;
   5. (5) A detailed description of the nonprofit purpose or objective of the club and a complete description of entertainment and/or other services offered by the club;
   6. (6) The amount assessed a member as dues, if any, at the time of said application for permit;
   7. (7) A copy of the minutes of the meeting of the governing board of the nonprofit corporation which shows that the application for the private club permit is authorized by the organization’s governing body;

   8. (8)

      1. (A) A statement that the applicant is the owner of the premises for which the permit is sought or is the holder of an existing lease thereon.
      2. (B) If the applicant is not the owner of the premises for which the permit is sought, the applicant must state the name of the owner of the premises and the names of any other persons holding a leasehold interest in the premises;

   9. (9) A statement that:

      1. (A) No member of the board of directors or other governing body nor any of the officers of the club has been under the sentence, whether suspended or otherwise, of any court for the conviction of a felony within two (2) years preceding the date of the application;
      2. (B) No member of the board of directors or other governing body nor any of the officers of the club has had a permit, license, or registration issued to them under any alcoholic beverage control law or rule of the State of Arkansas revoked within five (5) years preceding the date of application; and
      3. (C) All members of the board of directors or other governing body and all officers of the club are of good moral character;
   10. (10) A copy of the articles of incorporation, as file-marked by the office of the Secretary of State and the bylaws of the private club shall be attached to the application;
   11. (11) If the premises are not owned by the applicant, a copy of the lease or other agreement for use of the premises shall be attached to the application;
   12. (12) The applicant, in the application, must elect to operate under either the locker system or the pool or revolving fund system of operation; and
   13. (13) Permit Not to be Issued to Unqualified Corporation [repealed].

Codification Notes: Subsection (a) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 9-20-17)" Prior to codification into the Code of Arkansas Rules, subdivision (13) contained the following: "Repealed 8-17-05"