1. (a)

   1. (1) Private club permits which are classified as Class A private club permits as well as all new private club permits issued by the Alcoholic Beverage Control Division shall be allowed to dispense alcoholic beverages and to allow the possession and consumption of alcoholic beverages on the permitted premises beginning at 7:00 a.m. of a day and ending by 2:00 a.m. of the following day.
   2. (2) No new private club permit shall be issued, nor any existing Class A private club permit changed, to allow the dispensing, consumption, or possession of alcoholic beverages on the permitted premises from 2:00 a.m. until 7:00 a.m. daily.

2. (b)

   1. (1) Those permitted establishments which have received a Class B certificate from the division classifying them as a Class B private club shall be allowed to dispense alcoholic beverages and to allow the possession and consumption of alcoholic beverages on the permitted premises between the hours of 10:00 a.m. of a day and ending by 5:00 a.m. of the following day.
   2. (2) No transfer of location application shall be allowed on any Class B private club permit to move the permit to another county.

3. (c)

   1. (1) The Alcoholic Beverage Control Board recognizes that cities or counties may desire to impose more restrictive hours of operation on private club permittees within their jurisdiction than is provided for by the Class A or Class B private club permits.
   2. (2) Further, it has never been the intention of the board, by the passage of prior versions of 3 CAR § 5-315, formerly numbered 3 CAR § 5-314, to preempt the authority of cities or counties in this regard that was granted to them in the case of Tompos vs. City of Fayetteville, decided in 1983.
   3. (3) Cities and counties are recognized to be empowered to provide, by ordinance, hours of operation that are more restrictive in nature than provided for by the Class A or Class B permit structure issued by the division.
   4. (4) However, in accordance with Arkansas Code § 3-4-407, any violation of more restrictive hours of operation provided for by city or county ordinance will not be considered a violation against the permit issued by the division.

4. (d)

   1. (1) The Director of the Alcoholic Beverage Control Division, or the board on appeal, in their discretion, is empowered to impose more restrictive hours of operation as a sanction for violation of any alcoholic beverage control law or rule.
   2. (2) If any member, guest, employee, agent, or servant of the private club shall dispense, consume, or allow the possession of alcoholic beverages on the permitted premises during the prohibited hours, such action may result in a hearing against the permit and the levying of a fine and/or the suspension, revocation, or cancellation of the permit.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-15-01)"