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VFW School of Instruction. Rules and Regulations of Canteens and Club Rooms. Presented by Jim Martin State Judge Advocate. CONGRESSIONAL CHARTER AND BY-LAWS and MANUAL OF PROCEDURE and RITUAL Sec. 708 & 709. Veterans of Foreign Wars of the United

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Presented by Jim Martin State Judge Advocate

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Presented by jim martin state judge advocate

VFW School of Instruction

Rules and Regulations of Canteens and Club Rooms

Presented by Jim Martin

State Judge Advocate


Presented by jim martin state judge advocate

CONGRESSIONAL CHARTER

AND BY-LAWS

and

MANUAL OF PROCEDURE

and

RITUAL

Sec. 708 & 709


Presented by jim martin state judge advocate

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.


Presented by jim martin state judge advocate

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.


Presented by jim martin state judge advocate

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


Presented by jim martin state judge advocate

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.


Presented by jim martin state judge advocate

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.


Presented by jim martin state judge advocate

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.


Presented by jim martin state judge advocate

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


Presented by jim martin state judge advocate

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.


Presented by jim martin state judge advocate

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.


Presented by jim martin state judge advocate

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.


Presented by jim martin state judge advocate

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.


Presented by jim martin state judge advocate

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.


Presented by jim martin state judge advocate

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.


Presented by jim martin state judge advocate

  • 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.


Presented by jim martin state judge advocate

  • 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


Presented by jim martin state judge advocate

  • 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


Presented by jim martin state judge advocate

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.


Presented by jim martin state judge advocate

  • 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.


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