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TABC Code - Texas Alcoholic Beverage Commission

TABC Code - Texas Alcoholic Beverage Commission

TABC Code - Texas Alcoholic Beverage Commission

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not less than 50 acres that is owned, together with all buildings, appurtenances, and parking areas, by a<br />

county;<br />

(D) a chapter or other local unit of an American national fraternal<br />

organization that promotes physical fitness and provides classes in athletics to children and that, as owner,<br />

lessee, or occupant, has operated an establishment for fraternal purposes for at least one year. The<br />

fraternal organization must:<br />

(i) actively operate in not fewer than 12 states;<br />

(ii) have at least six local units in this state; and<br />

(iii) have at least one unit in this state that has been in active,<br />

continuous existence for at least 75 years; or<br />

(E) a chapter or other local unit of an American national fraternal<br />

organization that promotes the moral, educational, social, and recreational welfare of merchant seafarers<br />

and that, as owner, lessee, or occupant, has operated an establishment for fraternal purposes for at least<br />

one year. The fraternal organization must:<br />

(i) actively operate in not fewer than 12 states;<br />

(ii) have at least four local units in this state; and<br />

(iii) have at least one unit in this state that has been in active,<br />

continuous existence for at least 15 years.<br />

(2) "Veterans organization" means an organization composed of members or former<br />

members of the armed forces of the United States which is organized for patriotic and public service<br />

purposes, including the American Legion, Veterans of Foreign Wars, Disabled American Veterans,<br />

Jewish War Veterans, American GI Forum, Catholic War Veterans, or any veterans organization<br />

chartered by the United States Congress.<br />

(b) The permit fee imposed by Section 32.02 and the provisions of Sections 32.03 and 32.10<br />

requiring regular food service and prohibiting guests from paying in cash do not apply to a private club<br />

established by a fraternal or veterans organization. The private club is also exempt from Sections 32.05<br />

and 32.06, and the members of the club may use any club funds owned by them jointly, including revenue<br />

from the service of alcoholic beverages, to replenish their joint stock of alcoholic beverages.<br />

(c) The requirement that the fraternal or veterans organization hold a private club registration<br />

permit is satisfied by the issuance of a certificate by the commission that states that the organization<br />

meets the requirements of this section.<br />

(d) All other provisions of this code apply to fraternal and veterans organizations.<br />

(e) A fraternal or veterans organization that holds a permit under this chapter and the private<br />

club established under that permit are considered separate entities for the purposes of determining<br />

compliance with and enforcing this code. The fraternal or veterans organization shall establish a<br />

membership committee for the permitted entity for the purposes of Sections 32.03(c) and (d).<br />

Membership in the private club is governed by this code. Membership in the fraternal or veterans<br />

organization is not subject to the requirements of this code.<br />

Sec. 32.12. INSPECTION OF PREMISES. The acceptance of a private club registration permit<br />

constitutes an express agreement and consent on the part of the private club that any authorized<br />

representative of the commission or any peace officer has the right and privilege to freely enter the club<br />

premises at any time to conduct an investigation or to inspect the premises for the purpose of performing<br />

a duty imposed by this code.<br />

Sec. 32.13. INSPECTION OF BOOKS AND RECORDS. All books and records pertaining to<br />

the operation of any permittee club, including a current listing, correct to the last day of the preceding<br />

month, of all members of the club who have liquor stored on the club premises under either the locker or<br />

pool system shall be made available to the commission or its authorized representatives on request.<br />

Sec. 32.14. UNREGISTERED CLUBS; PROHIBITED ACTIVITIES. (a) No permittee,<br />

licensee, or any other person shall deliver, transport, or carry an alcoholic beverage to, into, or on the<br />

<strong>Texas</strong> <strong>Alcoholic</strong> <strong>Beverage</strong> <strong>Code</strong> (2009) 67

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