Presented by Jim Martin State Judge Advocate
description
Transcript of Presented by Jim Martin State Judge Advocate
Rules and Regulations of Canteens and Club
Rooms
CONGRESSIONAL CHARTER
AND BY-LAWS
and
MANUAL OF PROCEDURE
and
RITUAL
Sec. 708 & 709
Veterans of Foreign Wars of the United
States (VFW) is a federally chartered
membership corporation created by Act of
Congress. The VFW does not own an
interest in any clubroom, canteen, facility or
any fund raising activity operated by any
such chartered unit, nor are clubrooms,
canteens, facilities or other fund-raising
activities operated for or on behalf of the
VFW.
The VFW does not derive any profit from
such facilities or activities. Clubrooms,
canteens, facilities and other fund-raising
activities of Chartered unit are carried on by
such units in furtherance of the fraternal,
Patriotic, historical and educational purpose
set forth by Congress.
No unit chartered by the Veterans of Foreign
Wars of the United States, and no clubroom
or canteen sponsored or conducted or
operated by, for or in behalf of any such
chartered unit shall incorporate under the
laws of the state in which it is located for any
purpose
The VFW shall not be responsible for the
negligent or wrongful acts or omissions nor
contractual obligations or debts of any Post,
nor for the negligent or wrongful acts or
omissions or contractual obligations or debts
of any activity, clubroom, holding company
or unit sponsored, conducted or operated
by, for or in behalf of any Post.
Any activity or club room sponsored,
conducted, or operated by or in behalf of a
Post shall be at all times under direct control
of such Post and all funds derived therefrom
shall be at all times under direct control of
such Post.
Any Post owning and/or operating, directly
or by reason of a holding company or other
entity substantially controlled by the Post or
it’s members a canteen or clubroom or other
facility to members and their guest must
maintain general liability insurance including
if necessary or appropriate, liquor liability
insurance.
Such insurance must be of a type and amount sufficient to protect the Post and must name, as additional insured's, the Veterans of Foreign Wars of the United
States and the Department in which such Post is located
All money, property or assets of any kind or nature, as well as all books and records,
owned, held or used by any activity, clubroom, conducted or operated by, for or
in behalf a Post shall be the property of such Post, must be placed in the care and
custody of the quartermaster. Such money, property, assets, books and
records shall be subject to the same rules and under the same procedures as any
other Post money, property, assets, books and records.
No Post clubroom operated by for or on the
behalf of any Post may own any property
jointly or in common with any individual,
firm, partnership, association or corporation
or other business or charitable entity,
including veterans organizations, nor may
they participate in any arrangement whereby
the funds of such Post clubroom are
expended on property held by another entity
for joint use of such Post.
Posts are under no obligation to serve any
person in their canteen, except for their own
Post comrades and auxiliary members.
However if their Post By-Laws admit other
VFW members and Auxiliary members. The
word “Auxiliary” pertains to Men's Auxiliary
members as well as Ladies Auxiliary
members. In order to prove that a visitor is
a member of the VFW or its Auxiliaries,
he/she should be required to show a valid
membership card.
Virginia Department of Alcoholic Beverage
Control
What are the rules for a club?
Basically the rules for clubs are the same as
for retail operations with the exception of
hours of sale and brown bagging. Clubs are
limited to members and their invited guests
except for specific and limited times they
may operate open to the public.
How old does a person have to be to
purchase alcoholic beverages? 21
What hours can happy hours be
conducted? 6:00 AM until 9:00 PM
How many drinks can a patron purchase at
one time? No more than two drinks of wine,
beer or mixed beverages during Happy
Hour. During all other times, no more than
two mixed drinks at one time, wine and beer
- no restriction.
Can a convicted felon be employed in a
licensed establishment? No; however, they
may be employed as a busboy, cook or
other kitchen help.
When can employees drink alcohol?
Employees of a wine and beer licensed
establishment may consume at any
time but may not become intoxicated.
Employees of a mixed beverage licensed
establishment may consume on a dinner
break or when they have gone off duty for the
evening.
• No sales are permitted to underage persons, who are defined under ABC law as persons less than 21 years of age
• Do not allow a person less than 21 years of age to possess or consume alcoholic beverages on the licensed premises
• Do not sell or serve alcoholic beverages to intoxicated persons, or allow someone else to purchase alcoholic beverages for intoxicated persons.
• Do not allow an intoxicated person to consume or possess alcoholic beverages on the premises of your business.
• Do not allow an intoxicated person to loiter on the premises of your business.
• An ABC manager must be on the premises whenever a licensee is open for business
• ABC managers must be: • -At least 21 years of age • -On-duty at all times • -Be responsible for overseeing all business
conducted under the license while the establishment is open and for posting his or her name clearly
• All licensees must always have at least one ABC manager on duty who can satisfactorily speak and read English.
• An employee who is on duty and in a position that is involved in the selling or serving of alcoholic beverages to customers in a mixed beverage, or wine and beer establishment, cannot consume any type of alcoholic beverage while on duty
Happy Hours and Advertising • -It is unlawful to conduct a happy hour
between the hours of 9 p.m. and 2 a.m. • -A person cannot possess more than two
drinks at one time. • -It is illegal to sell pitchers of mixed
beverages, sell two or more drinks for one price, giveaway drinks, sell unlimited drinks for one price, or advertise happy hour in the media or on exterior advertising.
• Licensees can be charged criminally and administratively for certain offenses.
• -An ABC hearings officer assesses administrative charges.
• -Administrative penalties can be probation, fines, a suspended license, and possibly, revocation of the licensee’s ABC license.