Legal Notices

an emergency period by the mayor, City Council, or any person acting in the mayor's or City Council's capacity.

(C) Retail beer and light wine on premises permits. Authorizes the purchase of beer, light

wine or malt liquor containing less than five percent alcohol by weight from a wholesaler holding a valid permit and the sale of such controlled beverages for consumption on the premises described in the permit.

(1) Permit Fee. There is hereby levied an annual permit fee of the same amounts and computed in the same manner as the annual fees for retail beer and light wine off-premises permits.

(2) Hours of operation. It shall be unlawful for any person to serve, sell, offer for sale, or give away for consumption on-premises any beer or light-wine between the hours of 1:00 am and 7:00 am on Monday through Saturday, on Sunday except during the hours of 10:00 am until midnight, on Christmas Day, or during any 24- hour interval designated an emergency period by the mayor, City Council, or any person acting in the mayor's or City Council's capacity.

(D) Private club permit. Authorizes the purchase of any controlled beverages from persons holding an off-premises retail liquor or beer permit who have been designated by the director of the State Alcoholic Beverage Control Board as a private club distributor, and authorizes the dispensing of such beverages for consumption on the premises of the private club to members and guests only of the private club. (Private clubs holding a retail beer on premises permit may purchase beer, light wine, or malt liquor containing not more than 5%alcohol by weight from holders of valid wholesale beer permits).

(1) Permit fee. For the privilege of operating a private club within the city, there is hereby levied an annual permit fee of $750.00.

(2) Supplemental beverage tax. In addition to the $750.00 per year permit fee, there is hereby imposed and levied a city supplemental tax of 5% upon the monthly gross receipts which are derived by such private club from charges to members and/or their guests for the following services:

(2.a) For the preparation and serving of mixed drinks, and

(2.b) For the cooling and serving of beer, light wine, and wine.

The city's supplemental beverage tax is in addition to the state supplemental tax on private clubs and shall be paid to the appropriate city official, shall be due monthly at the same time that the state supplemental tax is due, and shall be accompanied by one copy of the state supplemental tax return. If any permittee shall fail to remit the supplemental tax within the time period that the state tax is due, a penalty of 12 ½% of the tax due shall be due and payable in addition to the tax.

(3) Hours of operation. It shall be unlawful for the owner, operator, or any employee of a private club to serve or permit the consumption of any controlled beverages on the premises of said private club between the hours of 2:00 a.m. and 10:00 a.m. on any day.

(E) On-premises consumption -Hotel, motel or restaurant permit. Authorizes the purchase of any controlled beverages from persons holding a valid wholesale permit and the sale of such beverages for consumption on the premises of the restaurant described in the permit or in-room hospitality units of the hotel or motel described in the permit. (Persons holding an

on-premises consumption hotel, motel, or restaurant permit are not required to have a retail beer permit).

(1) Permit Fee. For the privilege of selling controlled beverages for onpremises consumption by hotels, motels or restaurants, in accordance with A.C.A.§3-9-201 et. seq., there is hereby levied annual permit fees in the following applicable amounts:

(1.a) Hotels or motels having fewer than 100 rooms, $500.00.

(1.b) Hotels or motels having 100 rooms or more, $1,000.00

(1.c) Restaurants having a seating capacity of less than 100 persons, $500.00

(1.d) Restaurants having a seating capacity of 100 or more persons, $1,000.00

(2) Supplemental beverage tax. In addition to the annual permit fees for the sale of controlled beverages for onpremises consumption by hotels, motels, or restaurants, there is hereby levied a city supplemental beverage tax of ten percent (10%) upon the monthly gross proceeds or gross receipts from the sale of alcoholic beverages pursuant to this subsection. Wine, beer, light wine, and malt liquors containing less than five percent alcohol by weight, shall not be subject to the supplemental beverage tax.

The city's supplemental beverage tax is in addition to the state supplemental tax and shall be paid to the appropriate city official, shall be due monthly at the same time that the state supplemental tax is due, and payment shall be accompanied by one copy of the state supplemental tax return for the same period. If any permittee shall fail to remit the supplemental tax within the time period the state tax is due, a penalty of 12 ½% of the tax due shall be due and payable in addition to the tax.

(3) Hours of operation. It shall be unlawful for any person to serve, sell, offer for sale, or give away for consumption on-premises any beer or light-wine between the hours of 2:00 am and 10:00 am on Monday through Saturday, on Sunday except during the hours of 10:00 am until midnight, on Christmas Day, or during any 24-hour interval designated an emergency period by the mayor, City Council, or any person acting in the mayor's or City Council's capacity.

(F) Large attendance facility permit. Authorizes the sale of all types of controlled beverages by a facility which houses a convention center activity, or tourism activity where such establishment has a seating capacity of not less than 500 people and which serves controlled beverages only on the premises on days that meals and food are served at one or more places on the premises.

(1) Permit fee. There is hereby levied an annual permit fee of $1,000.00 for each and every large attendance facility within the city.

(2) Supplemental beverage tax. Large attendance facilities shall be subject to the same supplemental beverage taxes, due dates, and penalties as on-premises consumption hotel, motel, or restaurant permittees.

(3) Hours of operation. The hours of operation for large attendance facility permittees shall be the same as those allowed for on premises consumption hotel, motel or restaurant permittees.

(G) Off-premises caterer permit. Authorizes the purchase of alcoholic beverages from a retailer to transport to a private function which is being catered by the permit holder and to serve alcoholic beverages to attendees of the private function in conjunction with catered food.

(1) Permit fee. A permit fee of $250.00 is levied annually.

(2) May not cater alcoholic beverages to large attendance or meeting facility. Off-premises caterers as authorized by this section and A.C.A. § 3-4-901-905 may not cater alcoholic beverages to any large attendance or meeting facilities. All sales are subject to all applicable sales, but not to supplemental beverage taxes.

(3) Hours of operation. The hours of operation for an off-premises catering permittee shall be the same as those allowed for on-premises consumption hotel, motel, or restaurant permittees.

(H) Satellite catering permit to serve large meeting or attendance facility. Caterers with on-premises consumption - hotel, motel and restaurant permits authorized by subsection (E) may cater alcoholic beverages m large meeting and attendance facilities as defined in A.C.A. § 3-9-202(8).

(1) Permit fee. There is hereby levied an annual permit fee for a satellite catering permit of$250.00.

(2) Supplemental beverage tax. Satellite catering activities will be subject to the same supplemental beverage taxes, due dates, and penalties as on-premises consumption hotel, motel, or restaurant permittees.

(3) Hours of operation. The hours of operation for any satellite catering permittee shall be the same as those allowed for on-premises consumption hotel, motel, or restaurant permittees.

(I) Temporary Event Permit for the sale of beer, wine or liquor for onpremises consumption which is not to exceed five (5) consecutive days.

(1) Permit fee. There is hereby levied a permit fee for a special event permit of

$25.00 per serving station. A copy of the ABC permit shall accompany the application and fee.

(2) Hours of operation. The hours of operation for any special event shall be the same as the hours of the event. Manufacturing (A) Liquor manufacturing permit. Authorizes the manufacture or distilling of spirituous or vinous (except wine) liquors, and the sale to persons holding valid permits to wholesale or import such liquors. (1) Permit fee. (1.a) For the manufacturing and sale of spirituous liquors, the annual permit fee shall be$500.00 for each and every manufacturing plant.

(1.b) For the manufacturing and sale of vinous (except wine) liquors, the annual permit fee shall be $250.00 for each and every manufacturing plant.

(B) Beer manufacturing permit.

Authorizes the manufacture of beer containing not in excess of five percent alcohol by weight, and the sale of such beer to persons holding a valid permit to wholesale or import such beer.

(1) Permit fee. For the manufacture and sale of beer, the annual permit fee shall be$250.00 for each and every manufacturing plant.

(C) Rectifying permit. Authorizes the rectifying, purifying, mixing, blending, or flavoring of spirituous liquors or the bottling, warehousing, or other handling or distribution of rectified distilled spirits. Rectifiers may sell, deliver, or transport only to wholesalers holding a valid permit to wholesale, to other rectifiers, or for the purpose of export out of state.

(1) Permit fee. For the privilege of rectifying, blending, or flavoring spirituous liquors, there is hereby assessed an annual permit fee of $750.00 for each and every rectifying, blending, or flavoring plant.

Paid by The City of Malvern Finance Department in the amount of $2467.38.