2011 Utah Code
Title 32B Alcoholic Beverage Control Act
Chapter 6 Specific Retail License Act
Section 407 Specific operational requirements for equity club license or fraternal club license.
(1) For purposes of this section only:
(a) "Club licensee" means an equity club licensee or fraternal club licensee.
(b) "Club licensee" does not include a dining club licensee or social club licensee.
(2) (a) A club licensee shall have a governing body that:
(i) consists of three or more members of the club; and
(ii) holds regular meetings to:
(A) review membership applications; and
(B) conduct other business as required by the bylaws or house rules of the club.
(b) (i) A club licensee shall maintain a minute book that is posted currently by the club licensee.
(ii) The minute book required by this Subsection (2) shall contain the minutes of a regular or special meeting of the governing body.
(3) A club licensee may admit an individual as a member only on written application signed by the person, subject to:
(a) the person paying an application fee; and
(b) investigation, vote, and approval of a quorum of the governing body.
(4) A club licensee shall:
(a) record an admission of a member in the official minutes of a regular meeting of the governing body; and
(b) whether approved or disapproved, file an application as a part of the official records of the club licensee.
(5) The spouse of a member of a club licensee has the rights and privileges of the member:
(a) to the extent permitted by the bylaws or house rules of the club licensee; and
(b) except to the extent restricted by this title.
(6) A minor child of a member of a club licensee has the rights and privileges of the member:
(a) to the extent permitted by the bylaws or house rules of the club licensee; and
(b) except to the extent restricted by this title.
(7) A club licensee shall maintain:
(a) a current and complete membership record showing:
(i) the date of application of a proposed member;
(ii) a member's address;
(iii) the date the governing body approved a member's admission;
(iv) the date initiation fees and dues are assessed and paid; and
(v) the serial number of the membership card issued to a member;
(b) a membership list; and
(c) a current record indicating when a member is removed as a member or resigns.
(8) (a) A club licensee shall have bylaws or house rules that include provisions respecting the following:
(i) standards of eligibility for members;
(ii) limitation of members, consistent with the nature and purpose of the club;
(iii) the period for which dues are paid, and the date upon which the period expires;
(iv) provisions for removing a member from the club membership for the nonpayment of dues or other cause;
(v) provisions for guests; and
(vi) application fees and membership dues.
(b) A club licensee shall maintain a current copy of the club licensee's current bylaws and current house rules.
(c) A club licensee shall maintain its bylaws or house rules, and any amendments to those records, on file with the department at all times.
(9) A club licensee may, in its discretion, allow an individual to be admitted to or use the club licensed premises as a guest subject to the following conditions:
(a) the individual is allowed to use the club licensee premises only to the extent permitted by the club licensee's bylaws or house rules;
(b) the individual shall be previously authorized by a member of the club who agrees to host the individual as a guest into the club;
(c) the individual has only those privileges derived from the individual's host for the duration of the individual's visit to the club licensee premises; and
(d) a club licensee or staff of the club licensee may not enter into an agreement or arrangement with a club member to indiscriminately host a member of the general public into the club licensee premises as a guest.
(10) Notwithstanding Subsection (9), an individual may be allowed as a guest in a club licensed premises without a host if:
(a) (i) the club licensee is an equity club licensee; and
(ii) the individual is a member of an equity club licensee that has reciprocal guest privileges with the equity club licensee for which the individual is a guest; or
(b) (i) the club licensee is a fraternal club licensee; and
(ii) the individual is a member of the same fraternal organization as the fraternal club licensee for which the individual is a guest.
(11) Unless the patron is a member or guest, a club licensee may not:
(a) sell, offer for sale, or furnish an alcoholic product to the patron; or
(b) allow the patron to be admitted to or use the licensed premises.
(12) A minor may not be a member, officer, director, or trustee of a club licensee.
(13) Public advertising related to a club licensee by the following shall clearly identify a club as being "a club for members":
(a) the club licensee;
(b) staff of the club licensee; or
(c) a person under a contract or agreement with the club licensee.
