[Prior Code, Sec. 2-34]
For the purpose of this chapter, the term "private club" means
any association, person, firm or corporation, key club, bottle club,
locker club, pool club, or any other kind of club or association,
excluding the general public from its premises, place of meeting,
congregating or operating or exercising control over any other place
where persons are permitted to drink alcoholic beverages other than
in a private home.
[Prior Code, Sec. 2-35]
A.
For the purpose of license and regulation, private clubs are divided
into three classes:
1.
Class A includes private clubs maintained, supported and controlled
by nationally recognized lodges, fraternal societies, or veterans
organizations for their members only;
2.
Class B includes restaurants open to the general public but maintaining
a private room opening into the restaurant, which private room is
used as a private club. No food may be served in the private room
nor dancing be permitted in the private room or in the adjacent restaurant;
and
3.
Class C includes any other private club.
[Prior Code, Sec. 2-36]
A License Review Board is hereby established to review and pass
upon qualifications of applicants or licensees under this chapter.
The License Review Board shall issue licenses to applicants qualified
under this chapter and hear complaints and determine revocations of
licenses in proper cases. No license shall be issued by the Board
until the application has been on file with the City Clerk at least
10 days.
[Prior Code, Sec. 2-37]
The License Review Board shall be composed of five members,
the Chief of Police, the Fire Chief, the Director of the Health Department,
the City Clerk, and the City Attorney. The members shall elect a chairman
of the Board and the City Clerk shall be secretary. In the event of
the absence of either the chairman or secretary at any meeting of
the License Review Board, the members present may elect a temporary
chairman or secretary from among their number. A simple majority of
the members of the Board present at any meeting shall be required
for any action. Four members shall constitute a quorum.
[Prior Code, Sec. 2-38]
No association, person, firm or corporation shall maintain or
operate any private club in the City without first paying in advance
to the City Clerk the license fee hereinafter prescribed, making application
for a license therefor on forms provided by the City Clerk, and receiving
a license from the License Review Board.
[Prior Code, Sec. 2-39]
In addition to the payment of the prescribed fee to the City
Clerk, an applicant for a license for a private club shall file with
the City Clerk true copies of the articles of incorporation and bylaws
if the applicant is an association; and a list of the officers, directors,
owners and managers of the club, and any stockholders who receive
a financial return on their stock. The copies shall be filed in duplicate.
[Prior Code, Sec. 2-40]
If changes occur in the officers, directors, stockholders, owners
or managers of any private club, after filing of their names with
the City Clerk as aforesaid at any time during the year, the applicant
shall furnish such changes in writing in duplicate on the forms provided
by the City Clerk within one week after their occurrence.
[Prior Code, Sec. 2-41]
The City Clerk shall forward one copy of the list of officers,
directors, stockholders, owners and managers to the Chief of Police,
who shall cause a check to be made of any criminal record of any persons
named therein, and report in writing thereafter to the City Clerk
as to his findings.
[Prior Code, Sec. 2-42]
Applicants for Class B or Class C licenses shall be either Oklahoma
corporations or associations with written articles of association
and bylaws. The articles or bylaws shall provide for regular election
of officers or directors.
[Prior Code, Sec. 2-43]
No persons shall be eligible to election or to serve or act
in any Class B or Class C private club as an officer, director, stockholder
or owner, nor direct any policy thereof, who has not been a continuous
resident in good faith of the State for a period of five years. No
person shall be eligible to election or to serve or act in any private
club as an officer, director, stockholder, owner or manager, nor direct
any policy thereof, who has been convicted of any felony or of violating
any of the gambling or prohibitory laws of the State, any other state,
or the United States, including those heretofore in effect. A person
holding such a position in any private club operating at the time
of the enactment of this chapter shall not be subject to this Section
as to the position he holds at the time of the enactment of this chapter.
[Prior Code, Sec. 2-44]
No private club nor any officer, director, stockholder, owner
or manager, thereof licensed pursuant to the provisions of this chapter
shall violate any of the provisions of the Alcoholic Beverage Control
Act of the State nor any other law of the State, nor knowingly permit
the violation thereof on any premises subject to the control of any
private club.
[Prior Code, Sec. 2-45]
No private club licensed pursuant to the provisions of this
chapter shall have or make any rental or lease agreement with any
other person, firm, trust, estate, corporation or other entity providing
for any rentals based upon percentage of profit of the private club,
but any rentals paid or to be paid shall be on a fixed basis without
relation to any income, volume, or profit of the private club.
[Prior Code, Sec. 2-46]
No "private club" as defined herein shall be licensed to operate
within 300 feet of any church or school property measured from the
nearest point of such church or school land, on which there is located
a church building or school building in normal use for such purposes,
to the nearest point of the proposed private club building, in the
normal and usual course of travel. However, if the church or school
building is located in excess of 200 feet from the church or school
property line nearest the proposed private club property, then the
club shall not be located nearer than 500 feet from church or school
building. The distance referred to in this Section shall mean from
the club building to the nearest point of the church or school land
or building in the normal and usual course of travel. The limitations
of this Section shall not apply to a private club Which is in operation
as of July 1, 1973, even though it be nearer a church or school property
than 300 feet. Any private club building in existence as of July 1,
1973, may not be enlarged as much as 50% of its former size, and should
the building cease to be used as a private club for a period of one
year or more, or as much as 60% thereof be destroyed by wind or fire,
the same may not thereafter be licensed as a private club. The use
of premises subject to the control of a private club for any purposes
other than as a private club is prohibited.
[Prior Code, Sec. 2-47]
The right of entry and inspection of any premises subject to
the control of any private club by any uniformed or nonuniformed officer
or agent of any department charged with the enforcement of this chapter
shall be a condition on which every license is issued. The application
for, and acceptance of, any license hereunder shall conclusively be
deemed to be consent of the applicant and licensee to such entry and
inspection.
[Prior Code, Sec. 2-48]
No Class C private club licensed pursuant to this chapter nor
restaurant maintaining a Class B private club licensed pursuant to
this chapter shall be operated or maintained without regular, constant,
complete kitchen and restaurant facilities including an adequate sized
refrigerator, approved dishwashing equipment, an oven and a range
with at least four burners.
[Prior Code, Sec. 2-49]
No Class C private club licensed pursuant to this chapter nor
restaurant maintaining a Class B private club licensed pursuant to
this chapter shall be operated or maintained without preparing and
serving hot foods at all hours while open for business, including
meats, vegetables and dessert.
[Prior Code, Sec. 2-50]
Every private club licensed pursuant to this chapter shall be
subject to all ordinances regulating food handling establishments.
[Prior Code, Sec. 2-51]
Every private club licensed pursuant to this chapter shall,
as a minimum, provide sanitary and toilet facilities as required by
the ordinances or Health Department regulations governing beer taverns.
[Prior Code, Sec. 2-52]
Membership in any private club subject to this chapter shall
be regulated by articles or bylaws. The articles or bylaws of every
Class C private club shall provide that after application for membership
at least one week shall elapse before the applicant shall be eligible
for election to membership. Upon election to membership in any private
club, a membership card shall be issued to the member, and his name
and his age enrolled on a list of members, which shall be kept on
the premises of every private club and be subject to inspection at
all times. The list of members shall show the full name of the member,
his age, his address and the dates of his application for membership
and election to membership. The bylaws or articles may provide for
temporary membership for nonresidents of the City, temporarily present
in the City, as members of another organization holding a meeting
in the City. Temporary memberships shall extend to all members of
the organization affected. Temporary membership shall be effected
by notice in writing to the presiding officer of the organization
meeting in the City, limiting the time of temporary membership to
the time the organization shall meet in the City. A copy of the notice
shall be filed with the City Clerk. Any convention badge or identification
of membership in the visiting organization selected by the private
club shall serve as the temporary membership card.
[Prior Code, Sec. 2-53]
No person under the age of 21 years shall be permitted in or
on that part of the premises subject to the control of any private
club where persons are permitted to drink alcoholic beverages unless
accompanied by and in custody of one of his parents or a guardian.
[Prior Code, Sec. 2-54]
All licenses issued pursuant to this chapter shall expire on
June 30 of each year. License fees shall be prorated in the following
manner: Applicants filing applications more than six months prior
to June 30 of any year shall pay the license fee in full. Applicants
filing applications less than six months prior to June 30 of any year
shall pay 1/2 of the fee prescribed herein. No license shall be returned
or transferred from person to person or from place to place. Licenses
shall be signed by the City Clerk and countersigned by the chairman
of the License Review Board. The City Clerk shall affix the Corporate
Seal of the City thereto.
[Prior Code, Sec. 2-55]
No free licenses shall be granted, nor rebates allowed, for
any cause, nor any sum accepted less than the amount herein specified,
nor for a shorter period than therein required. In any case when an
application for a license is denied, there shall be refunded to the
applicant an amount equal to 90% of the license fee paid by the applicant
to the City Clerk at the time of making the application.
[Prior Code, Sec. 2-56]
A separate license must be obtained for each branch established
or separate place operated by any private club, and each license shall
authorize the operation of a private club only at the location described
in the license, and in conformity to the ordinances of the City and
the laws of the State and of the United States. No license shall be
transferable to another person, firm, association or corporation or
to any other location.
[Prior Code, Sec. 2-57]
Every private club having a license under the provisions of
this chapter shall place and exhibit the same at all times while In
force in some conspicuous place in the premises licensed, and shall
produce or exhibit the same when applying for a renewal thereof. The
entrance of every private club shall be plainly marked "Private Club
Members Only."
[Prior Code, Sec. 2-58]
Every private club having a license under the provisions of
this chapter shall close and remain closed, permitting no members,
other than employees, to remain on the premises of the club between
the hours of 12:00 midnight and 8:00 a.m. of each weekday and from
12:00 midnight Saturday to 8:00 a.m. Monday and from 12:00 midnight
preceding any legal holiday or election day to 8:00 a.m. the morning
succeeding such holiday or election day.
[Prior Code, Sec. 2-59]
An annual license tax or fee is hereby levied upon all persons,
firms, associations or corporations operating a private club within
the City in the following amounts:
|
Type
|
Fee
|
|---|---|
|
Class A
|
$100
|
|
Class B
|
$300
|
|
Class C
|
$600
|
[Prior Code, Sec. 2-60]
The Police, Fire and Health Departments shall inspect all private
clubs regularly to enforce all of the terms of this chapter, and report
any violations to the License Review Board.
[Prior Code, Sec. 2-61]
Any person, partnership, corporation or association, or officer, director, stockholder, owner Or manager of any private club, who violates any provision of this chapter is guilty of an offense, and upon conviction thereof shall be punished by fine and costs as provided in Section 1-108 of this Code.
[Prior Code, Sec. 2-62]
In addition to any other penalty provided herein, any violation
of the terms of this chapter shall be grounds for revocation of any
license issued hereunder by the License Review Board, after notice
to the licensee affected and a public hearing by the License Review
Board.
[Prior Code, Sec. 2-63]
Prior to June 30 of each year, each applicant desiring a renewal
of license for a private club hereunder shall pay to the City Clerk
the annual fee for such license in the amount herein specified. All
such licenses shall expire on June 30 of each year unless so renewed.
In the case of a renewal of license, the applicant shall not be required
to refile the formal application and other documents herein mentioned
unless directed to do so by the License Review Board.
