Private Clubs. 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 of meeting or congregating or operating or exercising control over any other place where persons are permitted to drink alcoholic beverages other than in a private home.

Stockholders. Whenever the term "stockholders" is used in this article, it shall apply only to those stockholders who receive, or whose rights as stockholders are ordinarily intended to cause them to receive, a financial return on their stock.

(Ordinance 3154 adopted 11/13/23)

It shall be unlawful for any association, person, firm or corporation to maintain or operate any private club for the purpose of selling, bartering or giving away any alcoholic beverage after the enactment of this article without first obtaining a specific use zoning permit as approved by the City council. Fraternal and Veteran's organizations are exempt from private club specific use permit requirements (Alcohol Beverage Code, Sec. 32.11).

(Ordinance 3154 adopted 11/13/23)

A non-refundable fee shall be specified by City Code in Chapter 13, Municipal Fees, and shall accompany an application for a specific use permit for a private club as defined in Section 12.601. A specific use permit for a private club shall be subject to an annual renewal fee specified by City Code in Chapter 13, Municipal Fees.

(Ordinance 3154 adopted 11/13/23)

(a)

Any permit applicant for a private club shall file with the zoning officer true copies in duplicate of the articles of incorporation and bylaws, if the applicant be a corporation; true copies of any articles of association and bylaws, if the applicant be an association; and a list of the officers, directors, owners and managers of said club and stockholders.

(b)

Any permit applicant shall file with the zoning officer true copies in duplicate of the Texas alcohol beverage license(s).

(Ordinance 3154 adopted 11/13/23)

If changes occur in the aforesaid officers, directors, stockholders, owners or managers of any private club after filing of their names with the zoning officer as aforesaid at any time during the year, said applicant shall furnish such changes in writing in duplicate to the zoning officer one (1) week after their occurrence.

(Ordinance 3154 adopted 11/13/23)

No person shall be eligible to election or to serve or act in any private club subject to this ordinance, as an officer, director, stockholder, owner or manager, or to direct any policy thereof who has been convicted of any felony or of violating any of the gambling or prohibitory laws of the state or any other state, or the United States, including those heretofore in effect; or who has been convicted of violation of any gambling or prohibitory liquor articles of any City in the state. Provided, that any person holding such a position in any private club permitted under this article and operating at the time of its enactment shall not be subject to this article as to the position he holds at the time of such enactment.

(Ordinance 3154 adopted 11/13/23)

It shall be unlawful for any private club or any officer, director, stockholder, owner or manager thereof permitted pursuant to the provisions of this article to violate any of the provisions of the Texas Alcohol Beverage Law or any of the laws of the state, or knowingly permit the violation thereof on any premises subject to the control of said private club.

(Ordinance 3154 adopted 11/13/23)

Private clubs may be allowed by specific use permit only in the following locations:

(1)

In areas within five hundred (500) feet and adjacent to any state or federal highway transversing the City which is zoned Neighborhood Service, General Retail, Central Area, Commercial, Industrial-1, Industrial-2, and Planned Development.

(2)

Within the downtown area, bounded by the Southern Pacific Railroad tracks on the east, the old cotton Belt Railroad tracks on the south, 12th Street on the west, and on the north by a line beginning at the intersection of North 12th Street and 2nd Avenue, east on 2nd Avenue to Main Street, north on Main Street to the Navarro Mall property, around the Navarro Mall property to Mall Drive, east on Mall Drive to Beaton Street, south on Beaton Street to 2nd Avenue and east on 2nd Avenue to the Southern Pacific Railroad tracks.

(3)

Alcoholic beverages shall not be sold, served or dispensed in a private club within three hundred (300') feet of a church, public school, or public hospital. The measurement of the distance between the private club and the church, public school or public hospital shall be along the property lines of the street fronts and from front door to front door and in a direct line across intersections.

(4)

A golf or country club within the City is exempt from the location requirements set out in Section 12.608 above, but the provisions of the Comprehensive Zoning Ordinance as to their locations shall otherwise apply.

(Ordinance 3154 adopted 11/13/23)

The right of entry and inspection of any premises subject to the control of any private club by any officer or agent of any department of the City charges with the enforcement of the provisions hereof shall be a condition on which every permit shall be issued, and the application for, and the acceptance of any permit hereunder shall conclusively be deemed to be consent of the applicant and permittee to such entry and inspection.

(Ordinance 3154 adopted 11/13/23)

Membership in any private club subject to this article shall be regulated by articles or bylaws. 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. Said list of members shall show the full name of the member, his address and the dates of his application for membership and election to membership. The bylaws or articles may provide for temporary membership for nonresidents of the City temporarily present in the City, as members of another organization holding a meeting in the City. Said temporary membership shall extend to all members of the organization affected. Said temporary membership shall be affected by notice in writing to the presiding officer of the organization meeting in the City, limiting the time of temporary membership to the time the organization shall meet in the City. A copy of said notice shall be maintained on premises and made available when requested by an officer of the City charged with enforcement of the provisions hereof. Any convention badge or identification of membership in the visiting organization selected by the private club shall serve as the temporary membership card.

(Ordinance 3154 adopted 11/13/23)

It shall be unlawful to permit any persons under the age of eighteen (18) years 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 (1) of their parents or guardian.

(Ordinance 3154 adopted 11/13/23)

A separate permit must be obtained for each branch established or separate place operated by any private club and each permit shall authorize the operation of a private club only at the location described in such permit and in conformity with the articles of the City or the laws of the State of Texas and the United States, and no permit shall be transferable to another person, firm, association or corporation or to any other location.

(Ordinance 3154 adopted 11/13/23)

Every private club having a permit under the provisions of this article shall place and exhibit it in some conspicuous place in the premises permitted and shall produce or exhibit the same when applying for a renewal thereof.

(Ordinance 3154 adopted 11/13/23)

(a)

Every private club permittee or any applicant for a private club permit pursuant to this article shall be subject to all other articles of the City, including, but not limited to, the applicable provisions of the building code, fire prevention code, health regulations, zoning articles, food handling articles and restaurant articles.

(b)

The penalties provided for in this article shall be subject to limitations of the legislative act known as the Texas Alcoholic Beverage Code and; if there is any conflict between the penalties of this article and the state law, then to that extent, the state law shall control and the Municipal Court of the City of Corsicana shall have jurisdiction of any offense under this article and under the state law only where the constitution and general laws of this state confer such jurisdiction thereon.

(Ordinance 3154 adopted 11/13/23)

Any person violating any provision of this article shall be subject to a fine in accordance with the general penalty provision found in Section 1.106 of this code. In addition to any other penalty imposed pursuant to the provisions of this code, the specific use permit may be revoked by the Judge of the Municipal Court or by the City Council or by a court of competent jurisdiction.

(Ordinance 3154 adopted 11/13/23)