Title 9 Part 49

The proper conduct of licensed bottle clubs is essential to the public interest. Failure of a bottle club licensee to exercise adequate supervision over the conduct of such an establishment poses a substantial risk not only to the objectives of alcoholic beverage control but imperils the health, welfare and safety of the people of this state. It shall be the obligation of each person licensed pursuant to Alcoholic Beverage Control Law section 64-b to ensure that a high degree of supervision is exercised over the conduct of the licensed establishment at all times in order to safeguard against abuses of the license privilege and violations of law. Each such licensee will be held strictly accountable for all violations that occur in the licensed premises and are committed by or suffered and permitted by any manager, agent or employee of such licensee. Each such licensee must ensure that a high degree of supervision is exercised over the conduct of the licensed premises at all times in order to safeguard against abuses of the license privilege and violations of law and must ensure that the licensed premises complies with all applicable building codes, fire, health, safety and other government regulations.

No bottle club license shall be issued for any premises except where the premises comply with all statutory requirements and, in addition, meet the following physical standards:

The Authority may impose such further restrictions in particular instances as would in its judgment best serve the public interest.

The Authority may waive any and all provisions of this Part when the applicant establishes to the satisfaction of the Authority a showing of hardship, extreme emergency or exceptional circumstances and that such waiver would not be inconsistent with the policy expressed in section 2 of the Alcoholic Beverage Control Law.

For licensees that choose to allow customers to bring their own alcoholic beverages on the licensed premises for consumption, lockers shall be provided by the licensee for the use of persons frequenting the licensed premises so that alcoholic beverages owned by each person may be securely kept under lock and key. Any alcoholic beverages not being actually used or consumed by the owner thereof shall be kept in a locker designated to the use of such person. A separate locker shall be assigned to each person applying for the same and the licensee shall not permit more than one person to use a single locker. All alcoholic beverages brought into the licensed premises shall be the personal property of the owner thereof and shall be consumed only by himself and his guests accompanying him. The locker assigned to each person shall be under the control of such person and alcoholic beverages may be removed therefrom only by the owner to whom the locker has been assigned or by an employee of the licensee at such times when the owner of the locker is in the licensed premises and requests such service.

Premises for which a bottle club license has been issued shall be open to the general public. The term bottle clubs is not restricted to clubs as defined under section 3(9) of the Alcoholic Beverage Control Law.

A bottle club licensee may, but shall not be required to keep food available for sale to its customers for consumption on the premises.

If any clause, sentence, paragraph, section or part of this Part shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.