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Chapter 314-40 WAC

Last Update: 7/26/17

CLUBS

WAC Sections

HTMLPDF314-40-005Definitions.
HTMLPDF314-40-010Operations under retail licenses.
HTMLPDF314-40-020Applications.
HTMLPDF314-40-030Constitution—Bylaws—House rules.
HTMLPDF314-40-040Guest and courtesy cards—Visitors.
HTMLPDF314-40-050Records.
HTMLPDF314-40-060Club property and finances—Concessions.
HTMLPDF314-40-070Club roster—List of officers.
HTMLPDF314-40-080Designated portion of club used for service and consumption of liquor.
HTMLPDF314-40-095Endorsements to private club licenses.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
314-40-090Soliciting advertising—Special events—Exterior signs. [Rule 111, filed 6/13/63.] Redesignated as WAC 314-52-115 by Order 10, filed 10/27/70, effective 11/27/70.


PDF314-40-005

Definitions.

"Guest" means a person who is granted access to the privileges of a club through a temporary membership card issued for fourteen consecutive days.
"Member" means a person who is approved for club membership only after having submitted a written application and been investigated and been approved by ballot.
"Visitor" means a nonmember who is granted access to the privileges of a club based on a prearranged invitation from a bona fide member. Invitations occurring at the point of entry to the premises do not qualify.
[Statutory Authority: RCW 66.08.030 and 66.24.450. WSR 10-16-056, § 314-40-005, filed 7/28/10, effective 8/28/10.]



PDF314-40-010

Operations under retail licenses.

Clubs operating under any class of retail license shall govern their operations in selling liquor in accordance with the regulations set forth in Title 66 RCW, applicable to all retail licensees, except as otherwise specifically provided in this title. Such clubs may sell liquor only to members, visitors and guests as specified in these regulations. Licensed clubs shall not be prohibited from renting, leasing or donating all or a portion of their facilities for, or making services available to, a nonclub activity where the public is invited or admitted under conditions as permitted by WAC 314-40-080.
[Statutory Authority: RCW 66.08.030 and 66.24.450. WSR 10-16-056, § 314-40-010, filed 7/28/10, effective 8/28/10. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 82-13-069 (Order 107, Resolution No. 116), § 314-40-010, filed 6/16/82; Order 23, § 314-40-010, filed 7/3/73; Rule 103, filed 6/13/63.]



PDF314-40-020

Applications.

(1) Applications for new club licenses shall be accompanied by proof that:
(a) The organization is bona fide and nonprofit;
(b) The organization has been in operation for at least one year immediately prior to the date of its application, such proof to consist of records of (i) membership, (ii) meetings of trustees or directors at least every month and membership meetings at least once a year, (iii) the location of such meetings, and (iv) such other data as is necessary to establish that the organization has been active for at least one year prior to [its] application: Provided, The minimum one year period of operation shall not be required when the applicant club is under a nationally chartered organization and there is a previously licensed club operating under the same national charter within the state. Proof of issuance of a charter to such existing club must be provided at the time of application;
(c) The application is approved by a majority of the members which approval shall be indicated by presentation to the board of a petition bearing the names of such members desiring [the] license. The president and secretary of the organization shall certify on such petition the total number of members of the organization in good standing as of the date of the application and that those signing the petition are all members in good standing on such date;
(d) The organization was not primarily formed or activated to obtain a license to sell liquor, but that the sale of liquor is incidental to the main purposes of the club.
(2) Applications for renewal of club licenses shall be made on forms prescribed by the board and accompanied by such information as the board may request.
(3) All applications must be made in the official name of the organization and be signed by either the president or the secretary and be accompanied by a certified copy of the minutes of that meeting of the governing board of the organization which authorized the president or secretary to make the application. The use of trade names shall not be permitted.
[Statutory Authority: RCW 66.08.030. WSR 90-14-004, § 314-40-020, filed 6/22/90, effective 7/23/90; Rule 104, filed 6/13/63.]



PDF314-40-030

Constitution—Bylaws—House rules.

(1) No license shall be issued to any organization or club unless its constitution, bylaws, and house rules are submitted to the board as evidence that the applicant qualifies as a bona fide club under provisions of state liquor laws and regulations.
(2) The constitution, bylaws and/or house rules shall provide, among other things:
(a) That all classifications of members must be admitted only after written application and only after investigation and ballot. Such admissions must be duly recorded in the official minutes of a regular meeting;
(b) Standards of eligibility for members;
(c) Limitation on the number of members consistent with the nature of the organization or club;
(d) That not more than twelve honorary members be admitted in any one calendar year, and that nonresident and associate members be restricted to numbers consistent with the nature of the organization or club;
(e) Reasonable initiation fees and dues consistent with the nature and purpose of the organization or club;
(f) The period for which dues shall be paid and the date upon which this period shall expire;
(g) Reasonable regulations for the dropping of members for the nonpayment of dues;
(h) Strict regulations for the government of organization or club rooms and quarters generally consistent with its nature and character;
(i) That organization or club rooms and quarters must be under the supervision of a manager and house committee, which committee shall be appointed by the governing body of the organization or club;
(j) Provisions for visitors and for the issuance and use of guest and courtesy cards in accordance with WAC 314-40-040.
[Statutory Authority: RCW 66.08.030 and 66.24.450. WSR 10-16-056, § 314-40-030, filed 7/28/10, effective 8/28/10. Statutory Authority: RCW 66.08.030. WSR 93-11-028, § 314-40-030, filed 5/10/93, effective 6/10/93; Order 19, § 314-40-030, filed 8/10/72; Rule 105, filed 6/13/63.]



PDF314-40-040

Guest and courtesy cards—Visitors.

(1) Guest cards are intended for invited guests residing outside of the immediate area.
(a) Guest cards shall be issued no more than three times per year for a period not to exceed fourteen consecutive days, and must be numbered serially, with a record of the issuance of each such card to be filed in a manner as to be readily accessible to the agents of the board;
(b) Contestants in golf or tennis tournaments conducted on the grounds of a licensed club will be considered a visitor for the day(s) of the event.
(2) Visitors may be introduced when accompanied at all times by a member, who is not an on duty employee, and may remain as long as such member is present in the club. Any such visitor may only enjoy the privileges of the club six times in any one calendar year unless a different number of times is allowed in the club by-laws.
(3) Persons who are members in good standing of a national veterans organization may enjoy the privileges of any licensed club affiliated with any national veterans organization, and persons who are members in good standing of a national fraternal organization may enjoy the privileges of any club affiliated with that particular national fraternal organization if the bylaws of such clubs authorize reciprocal privileges. Subsections (1) and (2) of this section shall not apply to members of such organizations.
(4) Persons who are members in good standing of organizations licensed as private nonfraternal clubs may enjoy the privileges of other licensed nonfraternal clubs if the bylaws of such clubs authorize reciprocal privileges. Subsections (1) and (2) of this section shall not apply to members of such clubs.
(5) Courtesy cards may be issued to the adult members of the immediate family of any member with or without charge upon application being made to the club by the member.
(6) In order to recruit new members and build club membership, a private club may hold a public membership function for one day per calendar quarter where club liquor may be given or sold to those attending as a part of the membership drive activities. The function must be advertised as a membership drive. Membership drives may not be held on consecutive days.
(7) A person issued a guest card by the club manager pursuant to subsection (1) of this section may introduce visitors into the club provided:
(a) The visitors are accompanied at all times by the sponsoring guest card holder;
(b) The visitors remain in the club only as long as the sponsoring guest card holder is present; and
(c) The house rules or bylaws of the club provide guest card holders the privilege of introducing visitors into the club.
[Statutory Authority: RCW 66.24.450. WSR 17-16-072, § 314-40-040, filed 7/26/17, effective 8/26/17. Statutory Authority: RCW 66.08.030 and 66.24.450. WSR 11-23-048, § 314-40-040, filed 11/9/11, effective 12/10/11; WSR 10-16-056, § 314-40-040, filed 7/28/10, effective 8/28/10. Statutory Authority: RCW 66.08.030. WSR 95-16-030, § 314-40-040, filed 7/21/95, effective 8/21/95; WSR 88-07-060 (Order 239, Resolution No. 248), § 314-40-040, filed 3/16/88; WSR 88-01-016 (Order 235, Resolution No. 244), § 314-40-040, filed 12/8/87; WSR 86-07-013 (Order 177, Resolution No. 186), § 314-40-040, filed 3/11/86. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 85-06-020 (Order 152, Resolution No. 161), § 314-40-040, filed 2/27/85; WSR 82-04-028 (Order 92, Resolution No. 101), § 314-40-040, filed 1/27/82; Rule 106, filed 6/13/63.]



PDF314-40-050

Records.

(1) In addition to the requirements of WAC 314-16-160, clubs shall maintain a complete system of bookkeeping covering all operations of the club, with the operations thereof pertaining to liquor being kept separate in a manner prescribed by the board. All such records shall be accessible and be available for inspection and audit by agents of the board. Board agents shall be entitled to make copies or abstracts or, upon furnishing a proper receipt, remove the originals for such purposes as the board deems necessary.
(2) After initial licensure, house rules and bylaws shall be submitted to the board whenever changes are made. A copy of the house rules and/or bylaws must be available for inspection by any law enforcement officer or agent of the board during any premises check of the club.
(3) In addition to WAC 314-40-040 visitor records with date and time and sponsoring member must be kept for a minimum of three years.
(4) In addition to WAC 314-40-040 guest records must contain the full name, date of birth, and address of the guest receiving the temporary membership card.
[Statutory Authority: RCW 66.08.030 and 66.24.450. WSR 11-23-048, § 314-40-050, filed 11/9/11, effective 12/10/11; WSR 10-16-056, § 314-40-050, filed 7/28/10, effective 8/28/10; Rule 107, filed 6/13/63.]



PDF314-40-060

Club property and finances—Concessions.

(1) All property of any club, as well as the advantages thereof, must belong to the members. Any funds advanced for the purchase or improvement of club rooms or quarters must be advanced by the membership or upon securities or properties owned by the club, and any obligations assumed in connection with the establishment or operation of club rooms or quarters must be assumed by the entire club. No club shall receive any money from any source whatever under any arrangement through or under which the person or persons advancing such funds, whether members of the club or not, are to be given control or supervision over the operation of the club. All activities of any such club, except food service and such other activities as may be specifically approved by the board, must be conducted by the club itself and in its own right, and not upon any concession basis either to any member of the club or to any third party. No member of the club, officer, agent or employee of any such club shall be paid, or directly or indirectly receive, in the form of salary or otherwise, any revenue from the operation of the club beyond the amount of such reasonable compensation as may be fixed or voted by the proper authorities of the club and in accordance with the constitution and bylaws of the club.
[Rule 108, filed 6/13/63.]



PDF314-40-070

Club roster—List of officers.

(1) Every club shall keep and maintain on the premises a complete roster giving the names and addresses of all its members.
(2) Each club shall file with the board a complete list of its officers showing the address, occupation and name of each officer. When any change occurs in its officers by reason of election or otherwise, the club shall immediately file with the board a revised list of its officers.
[Rule 109, filed 6/13/63.]



PDF314-40-080

Designated portion of club used for service and consumption of liquor.

(1) Each club shall submit a sketch of the entire premises including the portion used for storage, sale and consumption of liquor, for approval. No change in any portion of the club premises shall be made without the consent of the board.
(2) Where the physical setup of the club rooms or quarters renders it practical so to do, such portion of the club premises shall be a room or rooms devoted solely to such service and capable of being entirely closed from the remainder of the club rooms or quarters. Bona fide members may possess and consume their own alcohol, as authorized by the club's license type, at any time and in any part of the club premises as permitted under the bylaws and/or house rules of the club, provided such bylaws and/or house rules have been filed with the board and except in those portions of the club where nonclub events or public events are occurring.
(3) Any portion of a private club must be closed to the general public when liquor is sold, served, or consumed.
During events that are open to the general public, members, guests, and/or visitors, may not possess alcohol in areas that are open to the general public.
(4) A club may conduct outside one-time events not to exceed twelve per calendar year for club members provided that:
(a) A request is submitted in writing by the licensee or designee at least five business days before the event which includes a clearly defined site plan of the outside area and the date, time, and type of event. Approval must be received prior to the event.
(b) The licensee must have lease hold rights to the outside area where the one-time event is being held. The outside area is adjacent and/or contiguous to the actual licensed premises, must not be across public right of ways, and must be enclosed with a barrier a minimum of forty-two inches in height. This area will be considered restricted and all minor restrictions under RCW 66.44.310 will apply.
(c) All liquor must be prepared, served, and consumed inside the outside service area; persons with liquor may not leave the outside service area. An employee(s) shall be stationed inside the outside service area at all times.
(d) Sufficient lighting must be maintained under WAC 314-11-055.
[Statutory Authority: RCW 66.08.030 and 66.24.450. WSR 10-16-056, § 314-40-080, filed 7/28/10, effective 8/28/10. Statutory Authority: RCW 66.08.030. WSR 88-08-056 (Order 246, Resolution No. 255), § 314-40-080, filed 4/5/88; Rule 110, filed 6/13/63.]



PDF314-40-095

Endorsements to private club licenses.

(1) Under RCW 66.24.450, the board may issue an endorsement allowing the club to hold nonclub, member-sponsored events using club liquor.
(a) Each event must have a sponsoring member from the club.
(b) Each visitor and/or guest may only attend the event by invitation of the sponsoring member(s).
(c) Event may not be open to the general public.
(d) At least seventy-two hours prior to any nonclub event, the sponsoring member, or any club officer, must provide to the board: The date, time, and location of the event, the name of the sponsor of the event, and a brief description of the purpose of the event.
(e) A list of all invited guests and visitors must be available for inspection during the nonclub event.
(2) Under RCW 66.24.450, the board may issue an endorsement allowing the holder of a spirits, beer, and wine private club license to sell bottled wine for off-premises consumption.
(a) Spirits and beer may not be sold for off-premises consumption.
(b) Bottled wine may only be sold to members, visitors, and guests defined under WAC 314-40-005. Bottled wine may not be sold to the general public.
[Statutory Authority: RCW 66.08.030 and 66.24.450. WSR 11-23-048, § 314-40-095, filed 11/9/11, effective 12/10/11; WSR 10-16-056, § 314-40-095, filed 7/28/10, effective 8/28/10.]