Subchapter F. CLUBS

§ 5.71. Maintenance of records.

 (a)  Under section 102 of the Liquor Code (47 P. S. §  1-102), every club holding either a liquor or a retail dispenser license shall maintain records prescribed in this subchapter.

 A complete membership record shall be maintained, showing the date of application of the proposed member, the date of admission after election, the date initiation fees and dues are paid and the amounts. The record shall also show the name of the sponsor and other remarks desirable. This record shall be either on a ruled form or, preferably, a card index, which shall carry at the top the name of the member, the address of the member and the serial number of the membership card issued. Dues shall be accumulated and posted to the proper column in the income records. A separate sheet or card shall be prepared for each member, and when members are dropped or resign, their cards shall be removed from the active file and placed in the inactive file for 2 years.

   The provisions of this §  5.72 adopted June 26, 1952; amended July 8, 1977, effective July 9, 1977, 7 Pa.B. 1890. Immediately preceding text appears at serial page (4150).

 (a)  Income record. A cashbook currently showing income in detail shall be maintained and posted. It shall be separated into dues, income from malt or brewed beverages and liquor, income from food and a miscellaneous column. This cashbook shall be totaled each month and used when the bank account is reconciled by the treasurer. The total entries under ‘‘dues’’ should balance with the dues recorded in the membership records. The record shall be maintained in columnar form.

 (b)  Expenditures record. An expense ledger or record showing expenditures, separated by payments for malt or brewed beverages, liquor, food, detailed payroll, entertainment, rent, heat, light, water, equipment and other expenditures, shall be maintained. The record shall be in columnar form with the proper headings at the top, and balanced each month with the bank account and the records of the treasurer. Every expenditure must be supported by delivery tickets, invoices, receipted bills, cancelled checks, petty cash vouchers or other sustaining data or memoranda.

 (c)  Bank account. A bank or cash account shall be maintained which shows income and expenditures as a control account on the income and expenditures records. The account shall be balanced each month by the treasurer with proper record made in the minutes of the recording secretary.

 (d)  Electronic or automated recordkeeping. Electronic or automated recordkeeping, or both, maintained and based upon generally accepted accounting principles, are permitted in lieu of hard copy financial records required by subsections (a)—(c). This type of recordkeeping system utilized by the licensee shall have the capability to provide for the reconciling of required data. Entries shall be verifiable by supporting original documents.

   The provisions of this §  5.73 adopted June 26, 1952; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3491. Immediately preceding text appears at serial pages (136500) and (48218).

   Income Record

 A minute book shall be maintained and posted currently by the recording secretary, and shall contain all of the following:

   (1)  The minutes of all regular and special meetings.

   (2)  The names and dates of applicants for membership and the dates the members were admitted and whether ballots were taken.

   (3)  The financial reports of the treasurer.

   (4)  Parties, banquets, socials and the like given to members free of charge, and the costs involved.

   (5)  Elections and appointments of officers and committees, and the term for which they are elected, and customary entries in a record of this nature.

   The provisions of this §  5.74 adopted June 26, 1952.

   Production of Documents

 Club licensees shall maintain on the licensed premises at all times, subject to inspection by the Board, all of the following:

   (1)  A photostatic or certified copy of the charter, if incorporated.

   (2)  A copy of the constitution.

   (3)  A copy of the bylaws.

   (4)  Invoices and receipted bills covering purchases made by officers of the club for the benefit of the club.

   (5)  All prescribed books of record and membership lists.

   The provisions of this §  5.75 adopted June 26, 1952.

   Production of Documents

   The inability to produce a copy of the charter on two separate occasions is a violation of this regulation. In re Michael J. O’Connor 4th Ward Republican Club, 389 A.2d 222 (Pa. Cmwlth. 1978).

OTHER REQUIREMENTS

§ 5.81. Constitution and bylaws.

 A club licensee shall adhere to the provisions of its constitution and bylaws.

 (a)  If a club does not sell food it may permit a food concession to be operated by a person who is not an officer or employe of the club, and the concessionaire may not hire a person who is an officer or employe of the club or who is a licensee or an employe of another licensee.

 (b)  The concessionaire shall buy, prepare, sell and collect for the food, and receive the profits, and pay his own employes. Neither the concessionaire nor his employes are permitted to handle or dispense liquor or malt or brewed beverages; and club employes are not permitted to serve or collect for food. Separate checks for food and liquor or malt or brewed beverages shall be presented to each member served.

 (c)  Records covering operations of the concession shall be maintained for a period of 2 years on the licensed premises. The records shall show the cost of food, supported by invoices; receipts from sale of food supported by cash register tape or guest checks; rental paid for the privilege and equipment used; the name and address, social security number and salary paid to each employe; and other expenditures.

 (a)  Catering, for the purpose of this section, means the furnishing of liquor or malt or brewed beverages, or both, to be served with food prepared on the premises or brought onto the premises already prepared, for the accommodation of groups of nonmembers who are using the facilities of the club by prior arrangement, made at least 24 hours in advance of the time for private meetings or functions, such as dances, card parties, banquets and the like; and which is paid for by the nonmembers.

 (b)  A record shall be maintained showing the date and time catering arrangements were made, the name of the person or organization making the arrangements and the approximate number of persons to be accommodated.

   The provisions of this §  5.83 adopted June 26, 1952.

   Furnishing of Alcoholic Beverages

 A licensed club may not maintain or permit barricades to be maintained in the entrance or inside doorways in a clubhouse or club quarters.

 Authorized representatives of the Board shall, upon presentation of their credentials, be admitted immediately to the clubhouse or club quarters and permitted without hindrance or delay to inspect completely the premises at any time during which the club is open for the transaction of business.

 (a)  Upon application under Chapter 3 (relating to license applications), and subject to the authority granted by section 472.3(a) of the Liquor Code (47 P. S. §  4-472.3(a), the Board may issue to a club, a club liquor license in exchange for a club malt beverage retail dispenser license in any municipality which has approved the granting of liquor licenses. The fee for issuance of a license under this subsection shall be equal to the application filing fee plus the license fee for a hotel or restaurant liquor license in the municipality in which the licensed premises is located, as set forth in section 614-A of The Administrative Code of 1929 (71 P. S. §  240.14).

 (b)  Upon application under Chapter 3, and upon approval of the Board, a club holding a club liquor license may surrender its license, and receive a catering club liquor license in its place.

 (c)  Upon application under Chapter 3, and upon approval of the Board, a club holding a catering club liquor license may surrender its license and receive a club liquor license in its place.

 (d)  The fee for filing an application for exchange of club licenses shall be applied consistent with section 614-A of The Administrative Code of 1929 (71 P. S. §  240.14).

   (1)  an application for the exchange of a club license for a catering club license may only be filed for a full license year. It shall be accompanied by a renewal filing fee, and a license fee equal to that required for a restaurant license in the municipality of its location under section 614-A of The Administrative Code of 1929.

   (2)  An application for the exchange of a catering club license for a club license may only be filed for a full license year. It must be accompanied by a renewal filing fee and a license fee for a club as required under section 614-A of The Administrative Code of 1929.

 (e)  Exchange of licenses may only occur within a municipality that has approved the granting of such licenses.

   The provisions of this §  5.86 adopted November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139.