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41-2637. Class A club license; rights of licensee; storing customer wine; samples; events. (a) A license for a class A club shall allow the licensee to: (1) Offer for sale, sell and serve alcoholic liquor or cereal malt beverage for consumption on the licensed premises by members and their families, and guests accompanying them; (2) serve samples of alcoholic liquor or cereal malt beverage free of charge for consumption by members and their families and guests accompanying them; and (3) offer for sale, sell and serve alcoholic liquor for consumption on the licensed premises by individuals other than those individuals specified in paragraph (1) during an event held in accordance with subsection (d).

(b) No charge of any sort may be made for a sample serving. Samples may not be served to a minor. No samples may be removed from the licensed premises. No consideration shall be requested or required for entry onto the premises, participation in any event taking place on the premises or to remain on the premises.

(c) (1) Subject to the provisions of subsection (c)(2), any two or more class A or class B clubs may permit, by an agreement filed with and approved by the director, the members of each such club to have access to all other clubs that are parties to such agreement. The privileges extended to the visiting members of other clubs under such an agreement shall be determined by the agreement and, if the agreement so provides, any club that is a party to such agreement may sell, offer for sale and serve, to any person who is a member of another club that is a party to such agreement, alcoholic liquor or cereal malt beverage for consumption on the licensed premises by such person and such person's family, and guests accompanying them.

(2) A class B club may enter into a reciprocal agreement authorized by subsection (b)(1) only if the class B club is a restaurant.

(d) (1) A licensee may offer for sale, sell and serve alcoholic liquor for consumption on the licensed premises by individuals other than members of the licensee, their families or guests during an event. The licensee shall provide electronic notification to the director at least 48 hours prior to any such event. The director shall make the electronic notification available to local law enforcement. Such notice shall consist of the date, time, location and the names of the contracting parties of the event. The licensee shall retain all documents for a period of three years for inspection by the director. The documents retained shall include agreements, receipts and records of alcohol purchased.

(2) For purposes of this subsection, the term "event" means any function, occasion, celebration or other event held on the licensed premises for a specified duration of time and during which individuals who are not members of the licensee, their families or guests are permitted to enter and use the licensed premises pursuant to an agreement between the licensee and the contracting party.

(e) A licensee may store on its premises wine sold to a customer for consumption at a later date on its premises in the unopened container. Such wine must be kept separate from all other alcohol stock and in a secure locked area separated by customer. Such wine shall not be removed from the licensed premises in its unopened condition.

History: L. 1978, ch. 186, § 11; L. 1979, ch. 152, § 9; L. 1982, ch. 211, § 1; L. 1987, ch. 182, § 86; L. 1994, ch. 300, § 4; L. 2009, ch. 114, § 7; L. 2013, ch. 130, § 9; L. 2019, ch. 57, § 24; L. 2021, ch. 107, § 27; May 27.

Cross References to Related Sections:

Tax on sales of liquor by clubs, see chapter 79, article 41a.

Tax registration required to sell liquor, see 79-41a06.

Law Review and Bar Journal References:

"Wyatt Earp and the Winelist: Is a Restaurant an 'Open Saloon'?", Barkley Clark, 47 J.B.A.K. 63 (1978).

Attorney General's Opinions:

Club and drinking establishment act; "registered guest." 98-12.


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