(a) This section relates to §§32.06 and 32.13
of the Alcoholic Beverage Code.
(b) Equal Assessment Pool Systems. Each holder of a
private club registration permit operating under a pool system that
requires each member of the pool to participate equally in the purchase
and replacement of alcoholic beverages shall:
(1) purchase all such alcoholic beverages with money
assessed and collected in advance from each member equally;
(2) initially set the assessment fee according to the
club's by-laws or governing body and increase or decrease the fee
as needed upon approval of the club's governing body and recording
of the fee change in the club's minutes;
(3) use only money from the fee assessment to purchase
or replace alcoholic beverages purchased for use under the equal assessment
pool system; and
(4) keep a well-bound book in which is recorded the
following about each member of the pool: the member's name and membership
number, the date and amount of each liquor pool assessment, and the
date of payment of the assessment. This rule does not apply to fraternal
organizations or to veterans' organizations.
(c) Replacement Pool Systems. Each holder of a private
club registration permit operating under a replacement pool system
by which a designated percentage of daily service charges collected
for the service of alcoholic beverages is set aside to replace alcoholic
beverages served to club members and their guests and to temporary
membership card holders shall:
(1) initially set the percentage according to the club's
by-laws or governing body and increase or decrease the percentage
as needed upon approval of the club's governing body and recording
of the percentage change in the club's minutes; and
(2) use only money from the designated percentage of
daily service charges collected for the service of alcoholic beverages
to purchase or replace alcoholic beverages purchased for use under
the replacement pool system.
(d) Each holder of a private club registration permit
operating under the pool system using either equal assessments or
a replacement percentage shall prepare a record showing separately
the pool assessments or replacement funds collected from the membership
and the disbursements of these collections for purchases of alcoholic
beverages.
(e) The holder of a private club registration permit
or a private club exemption certificate permit may purchase wine only
from the holder of a local distributor's permit.
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