Sec. 30-23. Club permits.
Sec. 30-23. Club permits. (a) A club permit shall allow the retail sale of alcoholic
liquor to be consumed on the premises of a club but only by members or their guests.
The annual fee for a club permit shall be two hundred forty dollars.
(b) "Club" means an association of persons, whether incorporated or unincorporated, which has been in existence as a bona fide organization for at least three years
prior to applying for a permit issued as provided by this chapter, or has been a bona fide
national or international fraternal or social organization or affiliation thereof which has
been in existence in this state for one year, for the promotion of some common object,
not including associations organized for any commercial or business purpose the object
of which is money profit, owning, hiring or leasing a building, or space in a building,
or having substantial control of a building or space therein, of such extent and character
as, in the judgment of the department, may be suitable and adequate for the reasonable
and comfortable use and accommodation of its members and their guests; provided, as
to such clubs as the department finds to be bona fide and which offer facilities and
privileges in addition to the privileges of the club building, such as golf, tennis, bathing
or beach facilities, hunting or riding, the three-year requirement shall not apply; and
provided such club shall file with the department, upon request, within ten days of
February first in each year, a list of the names and residences of its members, and shall
similarly file, within ten days of the election of any additional member, his name and
address, and provided its aggregate annual membership fees or dues and other income,
exclusive of any proceeds of the sale of alcoholic liquor, shall be sufficient to defray
the annual rental of its leased or rented premises, or, if such premises are owned by the
club, shall be sufficient to meet the taxes, insurance and repairs and the interest on any
mortgage thereof; and provided, further, its affairs and management shall be conducted
by a board of directors, executive committee or similar body chosen by the members
at their annual meeting, and no member or any officer, agent or employee of the club
shall be paid or, directly or indirectly, shall receive in the form of salary or other compensation any profits from the disposition or sale of alcoholic liquor to the club or to the
members of the club or its guests introduced by members, beyond the amount of such
salary as may be fixed and voted at annual meetings by the members or by its directors
or other governing body and as reported by the club to the department, within three
months after such annual meeting, and as, in the judgment of the department, is reasonable and proper compensation for the services of such member, officer, agent or employee.
(c) A nonprofit club permit shall allow the retail sale of alcoholic liquor to be consumed on the premises of a nonprofit club by members or their guests and by persons
other than members or their guests, provided the total receipts of such club in any year,
including receipts from the sale of alcoholic liquor, derived from making its facilities
and services available to such persons in furtherance of such club's recreational or other
nonprofit purpose shall not exceed fifteen per cent of such club's gross receipts for such
year. "Nonprofit club" means a club that is exempt from federal income tax under Section
501(a) of the Internal Revenue Code and is described in Section 501(c) of the code. The
annual fee for a nonprofit club permit shall be six hundred fifty dollars.
(1949 Rev., S. 4245; P.A. 75-641, S. 7; P.A. 81-287, S. 3; P.A. 93-139, S. 21.)
History: P.A. 75-641 deleted reference to Subdiv. (7) of Sec. 30-1; P.A. 81-287 added Subsec. (b) specifying kind and
extent of sales permitted under a nonprofit club permit; P.A. 93-139 added the annual fees for club and nonprofit club
permits and definitions of "club" and "nonprofit club" and made technical changes.
One of the purposes of this legislation is to protect state against applications from organizations which are mere devices
to obtain right to sell liquor. 125 C. 108. Cited. 184 C. 75.