1. (a)

   1. (1) A nonprofit corporation private club permittee which leases a space or spaces within a hotel or motel building, including sleeping room areas, which meets the requirements of Acts 2011, No. 1194, may dispense alcoholic beverages for on-premises consumption only in sealed containers from an in-room hospitality unit located in any sleeping room of the permitted hotel or motel leased by the not-for-profit corporation permit holder and which is occupied by qualified persons.
   2. (2) For purposes of this subsection, "qualified persons" means members or bona fide guests of a member of the private club, all of whom are twenty-one (21) years of age or older.

2. (b)

   1. (1) “In-room hospitality unit” or “unit” means a closed container, refrigerated or nonrefrigerated, access to the interior of which is restricted by means of a locking device under the control of hotel management.
   2. (2) Each such unit shall have permanently affixed thereto a sign that informs the qualified members or guests of the private club of the legal hours the unit may be accessed, such hours to correspond to state or local laws regarding the dispensing of alcoholic beverages.
   3. (3) The unit herein described must meet such requirements as set forth by the Director of the Alcoholic Beverage Control Division and, further, must be approved by the director in writing before dispensing commences from such unit.

3. (c)

   1. (1) An in-room hospitality unit may be stocked or inventoried only by private club employees who are twenty-one (21) years of age or older and only during the hours legally prescribed by law for the dispensing of alcoholic beverages at the private club.

   2. (2) The following sizes and quantities of alcoholic beverages are authorized to be placed in and dispensed from an in-room hospitality unit:

      1. (A) Wine and vinous beverage in one-hundred-eighty-seven-milliliter containers with no more than a total of eight (8) containers per hospitality unit;
      2. (B) Malt beverages, including both beer and malt liquor, in twelve-ounce or less containers with no more than a total of eight (8) containers per hospitality unit, however, no malt beverage container shall be less than two hundred milliliters (200 ml) or six and eight-tenths ounces (6.8 oz.) in size; and
      3. (C)

4. (i) Upon written approval by the director, distilled spirits may be dispensed only in one-hundred-milliliter or less size containers.

   1. (ii) Any container size less than one hundred milliliters (100 ml) is specifically an exemption from the provisions of 3 CAR § 2-211 and may only be dispensed in such in-room hospitality units.

      1. (iii) No more than a total of fourteen (14) of such distilled spirits containers may be maintained in each hospitality unit.

         1. (iv) Based on the container size approval, the director shall determine the appropriate number of containers allowed in the in-room hospitality unit.
         2. (v) The private club permittee shall remain accountable under applicable law and rules for dispensing from the in-room hospitality unit the same as if such were made from any other point from within the establishment; and

      2. (D)

         1. (i) The private club permittee at the hotel or motel, on property leased by the private club permittee, may also offer room service of alcoholic beverages during legal hours of the dispensing of alcoholic beverages as set by state or local law.
         2. (ii) Room service of alcoholic beverages may not be offered to any sleeping room if the room is solely occupied by persons under the age of twenty-one (21).

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 8-16-11)"