§ 6-106. Private clubs.

(a)

In order to be eligible for a consumption on the premises license, a private club must be a nonprofit association which is organized under the laws of the state and which:

(1)

Has been in existence at least one year prior to the filing of its application for a license;

(2)

Has at least 75 regular dues-paying members;

(3)

Is organized and operated exclusively for pleasure, recreation, and other nonprofit purposes;

(4)

Owns, hires, or leases a building or space within a building for the reasonable use of its members, which building or space:

a.

Has suitable kitchen and dining room space and equipment;

b.

Is staffed with a sufficient number of employees for cooking, preparing, and serving meals for its members and guests; and

c.

Has no member, officer, agent, or employee directly or indirectly receiving in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond a fixed salary.

(b)

For purposes of subsection (a)(4)c of this section, a "fixed salary" means the amount of compensation paid any member, officer, agent, or employee of a private club as may be fixed for him by its members at a prior annual meeting or by the governing body out of the general revenue of the club and shall not include any commission or any profits from the sale of alcoholic beverages. Tips or gratuities added to the bills under club regulations shall not be considered profits from the sale of alcoholic beverages.

(c)

No alcoholic beverage license shall be granted to a private club organized or operated primarily for the selling or serving of alcoholic beverages.

(d)

Veterans' organizations, fraternal organizations, and other nonprofit organizations currently having tax exempt status under either the United States Internal Revenue Code or the state income tax law shall not be required to operate a food establishment serving prepared food; provided, however, any such organization selling or dispensing alcoholic beverages shall be subject to all ordinance regulations dealing with general licensing and consumption on the premises establishments.

(Ord. No. 2007-09-54, § 3(7.7.6), 9-18-2007)

State law reference

Sale of spirits by private clubs, O.C.G.A. § 3-7-1.