Definitions

  1. Law
  2. Georgia Code
  3. Alcoholic Beverages
  4. Sale of Distilled Spirits by Private Clubs
  5. General Provisions
  6. Definitions

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As used in this chapter, the term:

  1. "Bona fide private club" means any nonprofit association organized under the laws of this state which:
    1. Has been in existence at least one year prior to the filing of its application for a license to be issued pursuant to this chapter;
    2. Has at least 75 regular dues-paying members;
    3. Owns, hires, or leases a building or space within a building for the reasonable use of its members, which building or space:
      1. Has suitable kitchen and dining room space and equipment; and
      2. Is staffed with a sufficient number of employees for cooking, preparing, and serving meals for its members and guests; and
    4. 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.
  2. "Fixed salary" means the amount of compensation paid any member, officer, agent, or employee of a bona fide 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 on any profits from the sale of alcoholic beverages. For the purposes of this definition, tips or gratuities which are added to the bills under club regulations shall not be considered profits from the sale of alcoholic beverages.

(Ga. L. 1978, p. 1155, § 2; Code 1933, § 5A-6101, enacted by Ga. L. 1980, p. 1573, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

"Bona fide private club."

- The definition of "bona fide private club" contained in O.C.G.A. § 3-7-1 does not restrict a local government from otherwise exercising its regulatory authority over beer and wine, nor over distilled spirits if their sale is already lawful therein. 1983 Op. Att'y Gen. No. U83-12.

RESEARCH REFERENCES

C.J.S.

- 48 C.J.S., Intoxicating Liquors, § 170.


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