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City of Weatherford, OK
Custer County
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Table of Contents
Table of Contents
For the purpose of this article, a private club is defined as any association, person, firm, or corporation, key club, bottle club, locker club, pool club, or any other kind of club or association excluding the general public from its premises or place where persons are permitted to drink alcoholic beverages other than in a private home.
A License Review Board is hereby established to review and pass on qualifications of applicants of licenses under this article. The License Review Board shall issue licenses to applicants qualified under this article and hear complaints and determine revocations of licenses in proper cases. No license shall be issued by the board until the application shall have been on file with the City Clerk at least 10 days.
The License Review Board shall be composed of five members; the Chief of Police, the Fire Chief, the Director of the Health Department, the Municipal Code Enforcement Officer, and the City Attorney. The members shall elect a chairman and a secretary of the board. In the event of the absence of either the chairman or secretary at any meeting of the License Review Board, the members present may elect a temporary chairman or secretary from among their number. A simple majority of the members of the board present at any meeting shall be required for any action. Four members shall constitute a quorum.
No association, person, firm, or corporation shall maintain or operate any private club after the enactment of this article in the City of Weatherford, without first paying in advance to the City Treasurer the license fee hereinafter prescribed and making application for a license therefor and receiving a license from the License Review Board.
Any applicant for a license for a private club shall file with the City Clerk true copies of the articles of incorporation and by-laws, if the applicant be a corporation; true copies of any articles of association and by-laws, if the applicant be an association; and a list of the officers, directors, owners, and managers of the club and any stockholders who receive a financial return on their stock. The copies shall be filed in duplicate.
If changes occur in the aforesaid officers, directors, stockholders, owners, or managers of any private club after filing of their names with the City Clerk as aforesaid at any time during the year, the applicant shall furnish such changes in writing in duplicate in the forms provided by the City Clerk within one week after their occurrence.
The City Clerk shall forward one copy of the list of officers, directors, stockholders, owners, and managers to the Chief of Police, who shall cause a check to be made of any criminal record of any of the persons named therein and report in writing thereafter to the City Clerk as to his findings.
Applicants for Class "B" or Class "C" licenses shall be either Oklahoma Corporations or associations with written articles of association and by-laws. The articles or by-laws shall provide for regular election of officers of directors.
No person shall be eligible to election or to serve or act in any Class "B" or Class "C" private club subject to this article as an officer, director, stockholder, or owner, nor direct any policy thereof, who has not been a continuous resident in good faith of the State of Oklahoma for a period of five years. No person shall be eligible to election or to serve or act in any private club subject to this article as an officer, director, stockholder, owner, or manager, nor direct any policy thereof, who has been convicted of any felony or of violating any of the gambling or prohibitory laws of the State of Oklahoma or any other state, of the United States, including those heretofore in effect; provided, that any person holding such a position in any private club operating at the time of the enactment of this article shall not be subject to this section as to the position he holds at the time of the enactment of this article.
No private club nor any officer, director, stockholder, owner, or manager thereof licensed pursuant to the provisions of this article shall violate any of the provisions of the State Alcoholic Beverages Law nor any of the gambling laws of the State of Oklahoma, nor knowingly permit the violation thereof on any premises subject to the control of the private club.
No private club licenses pursuant to the provisions of this article shall have or make any rental or lease agreement with any person, firm, trust, estate, corporation, or other entity providing for any rentals based upon percentage of profit of the private club; but any rentals paid or to be paid shall be fixed basis without relation to any income, volume, or profit of the private club.
The right of entry and inspection of any premises subject to the control of any private club by any non-uniformed officer or agent of any department of the city charged with the enforcement of this article shall be a condition on which every license shall be issued; and the application for, and acceptance of, any license hereunder shall conclusively be deemed to be consent of the applicant and licensee to such entry and inspection.
It shall be unlawful for any private club licensed hereunder to operate the club between the hours of 2:00 a.m. and 12:00 noon, and provided further, that the club shall not be operated between the hours of 2:00 a.m. on Sunday and 12:00 noon on the following Monday and Christmas Day.
No Class "C" private club licensed pursuant to this article nor restaurant maintaining a Class "B" private club licensed pursuant to this article shall be operated nor maintained without regular and constant complete kitchen and restaurant facilities including an adequate sized refrigerator, approved dishwashing equipment; an oven and a range with at least four burners.
No Class "C" private licensed pursuant to this article nor restaurant maintaining a Class "B" private club licensed pursuant to this article shall be operated or maintained without preparing and serving hot foods at all hours while open for business including meats, vegetables, and desserts.
Every private club licensed pursuant to this article shall be subject to all ordinances regulating food-handling establishments.
Every private club licensed pursuant to this article shall, as a minimum, provide sanitary and toilet facilities as required by the ordinance governing beer taverns.
Membership in any private club subject to this article shall be regulated by articles or by-laws. Upon election to membership in any private club, a membership card shall be issued to the member, and his name enrolled on a list of members, which shall be kept on the premises of every private club and be subject to inspection at all times. The list of members shall show full name of the member, his address, and the dates of his application for membership and election to membership. The by-laws or articles may provide for temporary membership for nonresidents of the City of Weatherford temporarily present in the city. The temporary membership shall not be valid for a period of more than 72 consecutive hours from issuance to the member. (Reference: Title 37, 1991 O.S., Section 593.)
No person under the age of 21 years shall be permitted in or on that part of the premises subject to the control of any private club where persons are permitted to drink alcoholic beverages unless accompanied by and in custody of one of his parents or guardian. (Reference: Title 37, 1991 O.S., Section 593.)
All licenses issued pursuant to this article shall expire on the last day of June of each year. License fee shall be prorated in the following manner: Applications filed more than six months prior to the last day of June of any year shall pay the license fee in full; applications filed less than six months prior to the last day of June of any year shall pay 1/2 of the fee prescribed herein. No license shall be returned or transferred from person to person or place to place. License shall be signed by the City Clerk/Treasurer and he shall affix the corporate seal of the city thereto.
No free licenses shall be granted, nor rebates allowed, for any cause, nor any sum accepted less than the amount herein specified, nor for a shorter period than herein required.
A separate license must be obtained for each branch established or separate place operated by any private club; and each license shall authorize the operation of a private club only at the location described in such license and in conformity to the ordinances of the City of Weatherford, or the laws of the State of Oklahoma and of the United States; and no license shall be transferable to another person, firm, association, or corporation, or to any other location.
Every private club having a license under the provisions of this article shall place and exhibit the same at all times while in force in some conspicuous place in the premises licensed, and shall produce or exhibit the same when applying for a renewal thereof. The entrance of every private club shall be plainly marked "Private Club Members Only".
An annual license tax or fee is hereby levied upon all persons, firm, associations, or corporations operating a private club within the City of Weatherford according to Section 2-5 of this Chapter.
The Police, Fire, Health, and Sanitation Departments shall inspect all private clubs regularly to enforce all the terms of this article and report any violations to the License Review Board.
In addition to any other penalty provided herein, any violation of the terms of this article shall be grounds for revocation of any license issued hereunder by the License Review Board, after notice to the licensee affected and a public hearing by the License Review Board.