[Adopted 9-1-1972 as Ch. 3, Art.
III, of the 1972 Code]
For the purposes of this article, a "private
club" is defined as 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
or place of meeting or congregating or operating or exercising control
over any other place where persons are permitted to drink alcoholic
beverages other than in a private home.
For the purposes of this article, private clubs
shall be divided into three classes as follows:
A.
Class A shall include private clubs maintained, supported
and controlled by nationally recognized lodges, fraternal societies
or veterans' organizations for their members only.
B.
Class B shall include restaurants open to the general
public but maintaining a private room opening into the restaurant,
which private room is used as a private club.
C.
Class C shall include any other private club.
Membership in any private club subject to this
article shall be regulated by articles of incorporation 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 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. Such list of members shall show the full
name of the member, his address and the dates of his application for
membership and election to membership.
The bylaws on articles of incorporation of a
private club regulated by this article 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. Such temporary
membership shall extend to all members of the organization affected.
Such 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 such 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.
A.
No person shall be eligible to election or to serve
or act as an officer, director, stockholder or owner of any Class
B or Class C private club, or to direct any policy thereof, who has
not been a continuous resident in good faith of the State of Oklahoma
for a period of five years.
B.
No person shall be eligible to election or to serve
or act as an officer, director, stockholder, owner or manager of any
private club, or to direct any policy thereof, who has been convicted
of any felony or of violating any of the gambling or prohibitory laws
of the State of Oklahoma or any other state of the United States,
including those heretofore in effect.
C.
Any person holding a position mentioned in this section
at the time of the enactment of Ordinance No. 1975, from which this
article is derived, shall not be subject to this section as to the
position he held at such time.
No private club, nor any officer, director,
stockholder, owner or manager thereof, licensed pursuant to the provisions
of this article shall violate any of the provisions of the state alcoholic
beverages law nor any of the gambling laws of the state, nor knowingly
permit the violation thereof on any premises subject to the control
of such private club.
Every private club licensed pursuant to this
article shall be subject to all ordinances regulating food-handling
establishments.
The entrance of every private club shall be
marked "Private Club, Members Only."
No private club licensed pursuant to the provisions
of this article 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 by such club shall be on
a fixed basis, without relation to any income, volume or profit of
the private club.
Every private club licensed pursuant to this
article shall provide adequate sanitary and toilet facilities.
No Class C private club licensed pursuant to
this article, and no restaurant maintaining a Class B private club
so licensed, shall be operated or maintained without regular and constant
complete kitchen and restaurant facilities including an adequate sized
refrigerator, approved dish-washing equipment, an oven and a range
with at least four burners.
No Class C private club licensed pursuant to
this article, and no restaurant maintaining a Class B private club
so licensed, shall be operated or maintained without preparing and
serving hot foods at all hours while open for business, including
meats, vegetables and desserts.
No food may be served in the room used as a
Class B private club in a restaurant and no dancing shall be permitted
in such room or in the adjacent restaurant.
[Amended 5-17-1978 by Ord. No. 2316; 5-17-1978 by Ord. No. 2319]
Neither the owner, manager nor any employee of any private club where alcoholic beverages are allowed to be consumed shall permit any person under the age of 21 years to enter the premises of said club unless that person is accompanied by and in the custody of one of his parents or his guardian. Violation of this section shall be punishable as provided in § 275-45 of this chapter.
No private club licensed under this article
shall conduct business between the hours of 2:00 a.m. and 8:00 a.m.
on any day, and no person, other than an employee of such club, shall
be allowed upon the premises between such hours.
The police, fire, health and sanitation departments
shall inspect all private clubs regularly to enforce all of the terms
of this article and report any violations to the license review board
created by this article.
No person shall operate or maintain a private
club within the City unless such club is currently licensed in accord
with the provisions of this article. A separate license must be obtained
for each branch established or separate place operated by any private
club.
A license review board is hereby established
to review and pass upon the qualifications of applicants for licenses
under this article and the holders of such licenses. Such board shall
be composed of five members as follows: 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.
Application for a private club license shall
be filed with the City Clerk upon forms provided for that purpose.
[Amended 10-5-1993 by Ord. No. 2716]
B.
The fee prescribed by this section shall be paid to
the City Clerk at the time application for the license is filed. Such
fees shall be prorated in the following manner: for applications filed
more than six months prior to the last day of June of any year, the
fee shall be in the full amount prescribed herein; for applications
filed less than six months prior to the last day of June of any year,
the fees shall be 1/2 of the amount prescribed herein. All licenses
issued under this section shall expire on June 30 of the year following
issuance.
C.
No free licenses shall be granted under this article
and no rebate of any fee shall be allowed for any cause, nor shall
any sum be accepted less than the amount specified in this section.
D.
No license shall be issued under this section without
a satisfactory showing that the applicant has obtained all state and
county permits required by law, and has in all other respects complied
with the laws of Oklahoma relating to the sale and distribution of
alcoholic beverages. No such license shall be transferable.
A.
Any 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 a corporation; true copies of any
articles of association and bylaws, if the applicant is an association;
and a list of the officers, directors, owners and managers of such
club and any stockholders who receive a financial return on their
stock. Said copies shall be filed in duplicate.
B.
If changes occur in the officers, directors, stockholders,
owners or managers of any private club, after filing of their names
with the City Clerk, 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.
The City Clerk shall forward one copy of the list of officers, directors, stockholders, owners and managers filed with him pursuant to § 275-66 to the Chief of Police, who shall cause a check to be made of any criminal record of any of the persons named therein and report in writing thereafter to the City Clerk as to his findings.
Applicants for Class B or Class C licenses under
this article shall be either Oklahoma corporations or associations
with written articles of association and bylaws. Such articles or
bylaws shall provide for regular election of officers and directors.
The license review board shall issue licenses
to applicants qualified therefor under the provisions of this article;
provided that no such license shall be issued by the board until the
application shall have been on file with the City Clerk for at least
10 days.
Licenses issued under this article shall be
signed by the City Clerk and countersigned by the Treasurer, and the
Clerk shall affix the corporate seal of the City thereto.
The right of entry and inspection of any premises
subject to the control of any private club by any City officer or
agent of any department charged with the enforcement of this article
shall be a condition on which every license shall be issued under
this article, and 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.
A license issued under this article shall authorize
the operation of a private club only at the location described in
such license and in conformity to the ordinances of the City and the
laws of the state and of the United States.
Every private club having a license under the
provisions of this article shall place and exhibit the same at all
times while in force in some conspicuous place in the premises licensed.
No license issued under this article shall be
transferable to another person, firm, association or corporation or
to any other location.
All licenses issued under this article shall
expire on the 30th day of June of each year. Such license shall be
presented to the City Clerk when application is made for a renewal.
A.
The license review board shall hear complaints against
persons holding licenses under this article and determine revocations
of such licenses in proper cases.
B.
In addition to any other penalty, any violation of
the terms of this article shall be grounds for revocation of any license
issued under this article by the license review board after notice
to the licensee affected and a public hearing by such board.
