2009 California Business and Professions Code - Section 23425-23438 :: Article 4. Club Licenses

BUSINESS AND PROFESSIONS CODE
SECTION 23425-23438

23425.  For the purposes of this article "club" means:
   (a) Any chapter, aerie, parlor, lodge, or other local unit of an
American national fraternal organization which has as the owner,
lessee, or occupant thereof operated an establishment for fraternal
purposes. An American national fraternal organization as used in this
subdivision shall actively operate in not less than 20 states of the
Union and have not less than 175 local units in those 20 states, and
shall have been in active continuous existence for not less than 20
years.
   (b) Any hall or building association of a local unit mentioned in
subdivision (a), all of the capital stock of which is owned by the
local unit or the members thereof, and which operates the clubroom
facilities of the local unit.

23426.  For the purposes of this article "club" also means any golf
club which owns, maintains, or operates a regular golf links together
with a clubhouse thereon; or any swimming and tennis club which
maintains a standard AAU swimming pool and not less than two
regulation tennis courts, together with the necessary facilities and
clubhouse, which has members paying regular monthly dues; or any
swimming club which maintains a standard AAU swimming pool and not
less than two regulation tennis courts, together with the necessary
facilities and clubhouse, or any tennis club which maintains not less
than five regulation tennis courts, together with the necessary
facilities and clubhouse, and which swimming club or tennis club has
members paying regular monthly dues.

23426.5.  (a) For purposes of this article, "club" also means any
tennis club that maintains not less than four regulation tennis
courts, together with the necessary facilities and clubhouse, has
members paying regular monthly dues, has been in existence for not
less than 45 years, and is not associated with a common interest
development as defined in Section 1351 of the Civil Code, a community
apartment project as defined in Section 11004 of this code, a
project consisting of condominiums as defined in Section 783 of the
Civil Code, or a mobilehome park as defined in Section 18214 of the
Health and Safety Code.
   (b) It shall be unlawful for any club licensed pursuant to this
section to make any discrimination, distinction, or restriction
against any person on account of age or any characteristic listed or
defined in subdivision (b) or (e) of Section 51 of the Civil Code.

23427.  For the purposes of this article "club" also means any yacht
club which is a nonprofit organization and is a regular member of a
recognized national nonprofit yachting organization having a
membership of not less than 200 member yacht clubs, which owns,
maintains, or operates a clubhouse.

23428.  For the purposes of this article "club" also means any bar
association having an authorized delegate to the American Bar
Association and composed entirely of attorneys at law, duly admitted,
licensed, and qualified to practice within the state, which has a
bona fide membership of more than 1,000 members and has been in
existence for a period of more than 20 years, and which owns, leases,
operates or maintains, a club room or rooms for its membership.

23428.1.  For the purposes of this article "club" also means any
county medical association having an authorized delegate to the
California Medical Association and composed entirely of doctors of
medicine duly admitted, licensed and qualified to practice medicine
and surgery within the State, which has a bona fide membership of
more than 1,000 members and has been in existence for a period of
more than 20 years and which owns, leases, operates or maintains a
club room or rooms for its members, and has operated the club room or
rooms for a period of not less than three years.

23428.2.  For the purposes of this article "club" also means any rod
and gun club which is a nonprofit organization belonging to a
recognized national association of rod or gun clubs, and which has
more than 100 bona fide regular members, each of whom is required to
pay regular membership dues of not less than five dollars ($5) each
year, and which owns, maintains, or operates a clubhouse and has
continuously operated a clubhouse for not less than three years.

23428.4.  For the purpose of this article, "club" also means any
nonprofit social club with at least 100 members, which members are
mobilehome owners within a private mobilehome park and have
participated as social club members with a designated clubhouse for
not less than one year.

23428.5.  For the purpose of this article "club" also means any
press club which is a nonprofit organization and whose members are
entitled to exchange privileges with similar organizations in at
least 12 other states, and which has a bona fide membership and which
owns, leases, and operates or maintains a clubhouse or clubroom or
any nonprofit incorporated press club having a membership and which
owns, or leases, and operates, a club room or rooms for its members.
   No license shall be issued to any press club qualifying as a club
pursuant to this section if the press club in any manner restricts
membership or the use of its facilities on the basis of race,
religion, national origin, or sex.

23428.6.  For the purposes of this article, "club" also means any
association of livestock, or livestock-allied businessmen, joined
together as a nonprofit corporation, registered as such in the State
of California. The organization of the group shall be for the sole
purpose of social activity.
   Such a group shall own, lease, or maintain a club room or rooms
for its membership. Such a club may sell and serve alcoholic
beverages only to its bona fide members and their bona fide guests.

23428.7.  For the purposes of this article "club" also means any
bona fide nonprofit corporation, which is a bona fide horse riding
club, which is a member of a statewide organization or association,
which owns, maintains, or operates premises upon which a regular
riding club together with a clubhouse is maintained.

23428.8.  For the purposes of this article, "club" also means any
parlor of the Native Sons of the Golden West which has as the owner,
lessee or occupant thereof operated an establishment for fraternal
purposes.

23428.9.  For the purpose of this article "club" also means any
nonprofit social club which serves daily meals to its members and
guests, owns or leases, operates and maintains a club room or rooms
for its membership and has operated the club room or rooms for a
period of not less than two years and has regular membership dues of
not less than fifty dollars ($50) per year per member.

23428.10.  For the purposes of this article "club" also means any
peace officers association which is composed entirely of active and
retired peace officers, which holds regular meetings and has regular
dues, and which owns, leases, operates, or maintains an establishment
for association purposes.

23428.11.  For the purposes of this article "club" also means any
firemen's association which is composed entirely of active and
retired firemen, which holds regular meetings and has regular dues,
and which owns, leases, operates, or maintains an establishment for
association purposes.

23428.12.  For purposes of this article "club" also means any
nonprofit social and religious club which owns or leases, operates
and maintains a club room or rooms for its membership, and has
operated the club room or rooms for a period of not less than eight
years, and has regular membership dues of not less than twenty-five
dollars ($25) per year per member.

23428.13.  For purposes of this article "club" also means any club
operated by a common carrier by air at an airport terminal. Such club
shall qualify for a license under this article notwithstanding the
provisions of Section 23037. The provisions of Section 23399 and the
numerical limitation of Section 23430 shall not apply to such a club.
   Nothing contained in Section 23434 shall be deemed to preclude the
issuance of a license to the acquiring or surviving corporation when
a corporation holding a license pursuant to this section is an
acquired or constituent corporation in a corporate reorganization.

23428.14.  For purposes of this article, "club" also means any club
operated by commissioned or noncommissioned officers of the National
Guard or Air National Guard which owns or leases, operates and
maintains a clubroom or rooms for its membership. Such a club, if
issued a club license pursuant to Section 23430, may sell and serve
alcoholic beverages for consumption within the licensed establishment
only to bona fide members of the club and their bona fide guests.

23428.15.  For the purposes of this article, "club" also means any
parlor of the American Citizens Club in existence on the effective
date of this chapter which the club has as the owner, lessee, or
occupant thereof operated as an establishment for fraternal purposes
and in which alcoholic beverages are sold only to members of the club
whose membership dues in the club have been paid.

23428.16.  For purposes of this article, "club" also means any
nonprofit social luncheon club which is composed entirely of active
and retired professional men and businessmen, which holds regular
meetings and has regular annual membership dues in excess of two
hundred dollars ($200), which owns, leases, operates or maintains
such establishment for the serving of regular meals to its members
and their guests.

23428.17.  For the purposes of this article, "club" also means any
department or local forum of the American GI Forum of the U.S. which
owns or leases, operates and maintains a club room or rooms for its
membership. Such a club, if issued a club license pursuant to Section
23430, may sell and serve alcoholic beverages for consumption within
the licensed establishment only to bona fide members of the club and
their bona fide guests.

23428.18.  For purposes of this article, "club" also means any labor
council which is chartered by a national labor organization having
affiliates in each state of the United States, consists of delegates
from not less than 20 separately chartered affiliated labor
organizations, as defined by the National Labor Relations Act, the
combined membership of which is not less than 7,000 persons, and owns
or leases a building of not less than 3,000 square feet which is
used by the delegates, or members of affiliated labor organizations,
or both, for their social activities. No labor council which makes
any discrimination, distinction, or restriction against any person on
account of such person's age, sex, color, race, religion, ancestry,
or national origin shall be licensed pursuant to this section.

23428.19.  For purposes of this article, "club" also means any
private club organized to play handball or racquetball, which owns,
maintains, or operates a building containing not less than four
regulation-size handball or racquetball courts, which has members,
and the members each pay regular monthly dues. As used in this
section, a "regulation-size handball or racquetball court" is a court
meeting the standards for regulation courts as are promulgated by
the United States Handball Association or an equivalent organization.
   It shall be unlawful for any club licensed pursuant to this
section to make any discrimination, distinction, or restriction
against any person on account of any characteristic listed or defined
in subdivision (b) or (e) of Section 51 of the Civil Code.

23428.20.  (a) For the purposes of this article, "club" also means
any bona fide nonprofit corporation that has been in existence for
not less than nine years, has more than 8,500 memberships issued and
outstanding to owners of condominiums and owners of memberships in
stock cooperatives, and owns, leases, operates, or maintains
recreational facilities for its members.
   (b) For the purposes of this article, "club" also means any bona
fide nonprofit corporation that was formed as a condominium
homeowners' association, has at least 250 members, has served daily
meals to its members and guests for a period of not less than 12
years, owns or leases, operates, and maintains a clubroom or rooms
for its membership, has an annual fee of not less than nine hundred
dollars ($900) per year per member, and has as a condition of
membership that one member of each household be at least 54 years
old.
   (c) Section 23399 and the numerical limitation of Section 23430
shall not apply to a club defined in this section.
   (d) No license shall be issued pursuant to this section to any
club that withholds membership or denies facilities or services to
any person on account of any basis listed in subdivision (a) or (d)
of Section 12955 of the Government Code, as those bases are defined
in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of
subdivision (p) of Section 12955, and Section 12955.2 of the
Government Code.
   (e) Notwithstanding subdivision (d), with respect to familial
status, subdivision (d) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (d)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5 of the Civil Code, relating to housing for senior
citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil
Code and subdivisions (n), (o), and (p) of Section 12955 of the
Government Code shall apply to subdivision (d).

23428.21.  For the purposes of this article, "club" also means any
local dental society having an authorized delegate to the California
Dental Association and composed entirely of dentists duly admitted,
licensed and qualified to practice dentistry within the state, which
has at least 250 members and has been in existence for a period of
more than 20 years and which owns, leases, operates or maintains a
club room or rooms for its members, and has operated the club room or
rooms for a period of not less than three years.
   No license shall be issued pursuant to this section to any club
which restricts membership or in any other way discriminates against
any person in the use of any of its facilities, on the basis of race,
religion, national origin, sex, or age.

23428.22.  For purposes of this article, "club" also means any
nonprofit corporation whose principal purpose is to promote cultural
ties and understanding between citizens of a foreign country or
commonwealth and citizens of the United States, which has a bona fide
membership of more than 10,000 members each of whom pay regular
membership dues, which owns, leases, operates or maintains an
establishment for fraternal purposes. Such a club, if issued a
license pursuant to Section 23430, may sell and serve alcoholic
beverages for consumption within the licensed establishment only to
bona fide members of the club and their bona fide guest.
   No license shall be issued pursuant to this section to any club
which restricts membership or the use of any of its facilities on the
basis of race, religion, national origin, or sex.

23428.23.  For the purposes of this article "club" also means any
letter carriers local which is chartered by a national labor
organization having affiliates in each state of the United States,
which consists of not less than 1,500 members as defined by the
National Labor Relations Act, and which owns or leases a building of
not less than 5,000 square feet that is used by the members, or by
the members of other labor organizations, or both, for their social
activities. No letter carriers local which makes any discrimination,
distinction, or restriction against any person on account of such
person's age, sex, color, race, religion, ancestry, or national
origin shall be licensed pursuant to this section. No club licensed
under this section shall engage in the sale of alcoholic beverages
for consumption outside of the licensed premises.

23428.24.  For the purposes of this article "club" also means any
bona fide nonprofit social organization which has more than 350
members and which has as the owner, lessee, or occupant thereof
operated an establishment for its members and which has been in
existence for more than five years and whose purpose is to foster and
develop social relations among its members and to foster pride in
the national origin of its members by promoting appreciation of such
national origin and its contribution to the American social order.
   It shall be unlawful for any club licensed pursuant to this
section to make any discrimination, distinction, or restriction
against any person on account of such person's color, race, religion,
ancestry, national origin, sex, or age.

23428.25.  For the purposes of this article, "club" also means any
Hidalgo Society the purpose of which is to operate for the
advancement of education for the improvement of social and economic
conditions, to help lessen neighborhood tension, lessen the burden on
welfare systems, to help eliminate prejudice and discrimination and
for other charitable causes that might be present in the community.
Such a group shall be located in a county of the 32nd class, have
members who pay dues, and shall own, lease, or maintain a club room
or rooms for its membership.
   It shall be unlawful for any club licensed pursuant to this
section to make any discrimination, distinction, or restriction
against any person on account of such person's color, race, religion,
ancestry, national origin, sex, or age.

23428.26.  For the purposes of this article, " club" also means any
nonprofit property owners' association having at least 2,500 members.
Such an association must have been in existence for at least five
years as of October 1, 1975, and must engage in some volunteer action
for the community of which it is a part.
   It shall be unlawful for any club licensed pursuant to this
section to make any discrimination, distinction, or restriction
against any person on account of such person's color, race, religion,
ancestry, national origin, sex, or age.

23428.27.  For the purposes of this article, "club" also means any
peace officers' and employees' association which is composed entirely
of active and retired peace officers and employees of a law
enforcement agency which holds regular meetings, is located in a
county of the first class, and the members of which pay regular dues.
   No license shall be issued pursuant to this section to any club
which restricts membership or in any other way discriminates against
any person in the use of any of its facilities because of that person'
s color, race, religion, ancestry, national origin, sex, or age.

23428.28.  For the purposes of this article, "club" also means any
beach and athletic club that owns, maintains, or operates a standard
Amateur Athletic Union (AAU) swimming pool together with the
necessary facilities and clubhouse, has a minimum of 500 members
paying regular monthly dues, and has continuously operated for not
less than one year.
   No license shall be issued to any beach and athletic club
qualifying as a club pursuant to this section if the beach and
athletic club in any manner restricts membership or the use of its
facilities on the basis of age or any characteristic listed or
defined in subdivision (b) or (e) of Section 51 of the Civil Code.

23429.  A club as defined in this article is a bona fide club within
the meaning of Section 22 of Article XX of the Constitution.

23430.  The department may issue one club license to any club as
defined in this article.

23431.  The holder of a club license may exercise all of the rights
and privileges permitted by an on-sale general license but may sell
and serve alcoholic beverages for consumption within the licensed
establishment only to bona fide members of the club and their bona
fide guests. A club license is not transferable from person to
person. The provisions of Article 2 of Chapter 5 of this division do
not apply to the issuance of club licenses.

23432.  Any club which holds an onsale general license which was
originally issued to it prior to April 1, 1947, and which transfers
its onsale general license to another person shall not be eligible to
apply for a club license for a period of at least one year following
the date of the transfer of its onsale general license.

23433.  The department may issue an off-sale license to any golf
club which has more than 400 bona fide members, which owns,
maintains, or operates a regular golf links together with a clubhouse
thereon, and which has operated the establishment for not less than
60 years, which license authorizes the sale, to consumers only and
not for resale, of alcoholic beverages which an off-sale general
licensee may sell, but only to bona fide members of the club and
their bona fide guests. A license issued to a golf club pursuant to
this section is not transferable. The provisions of Article 2 of
Chapter 5 of this division do not apply to the issuance of a license
pursuant to this section. The fee for a license issued pursuant to
this section shall be the same as the fee for a retail package
off-sale general license as provided in Section 23320.

23434.  (a) Notwithstanding any other provision of this division, on
and after the effective date of this section, no new club license
shall be issued to any club which is not a nonprofit organization.
   (b) On and after the effective date of this section, no club
license shall be issued to a nonprofit corporation pursuant to a law
enacted after the effective date of this section unless the nonprofit
corporation engages in at least some volunteer action for the
community of which it is a part.

23435.  On and after January 1, 1980, no new club license shall be
issued for any club, organization, or association which does not have
at least 100 members and which has not been in existence for at
least one year.

23437.  Notwithstanding any other provision of this division, no
club license issued under this article shall entitle the holder to
any off-sale privileges.

23438.  (a) Any alcoholic beverage club licensee which restricts
membership or the use of its services or facilities on the basis of
ancestry or any characteristic listed or defined in Section 11135 of
the Government Code shall, when issuing a receipt for expenses which
may otherwise be used by taxpayers for deduction purposes pursuant to
Section 162(a) of the Internal Revenue Code, for purposes of the
Personal Income Tax Law, or Section 24343 of the Revenue and Taxation
Code, for purposes of the Bank and Corporation Tax Law, incorporate
a printed statement on the receipt as follows:
   "The expenditures covered by this receipt are nondeductible for
state income tax purposes or franchise tax purposes."
   (b) For purposes of this section, the following terms have the
following meanings:
   (1) "Expenses" means expenses, as defined in Section 17269 or
24343.2 of the Revenue and Taxation Code.
   (2)  "Club" means a club holding an alcoholic beverage license
pursuant to the provisions of this division, except a club holding an
alcoholic beverage license pursuant to Section 23425.


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