SECTION 41.53. Pool Systems

(a) This section relates to §§32.06 and 32.13 of the Alcoholic Beverage Code.

(b) Equal Assessment Pool Systems. Each holder of a private club registration permit operating under a pool system that requires each member of the pool to participate equally in the purchase and replacement of alcoholic beverages shall:

(1) purchase all such alcoholic beverages with money assessed and collected in advance from each member equally;

(2) initially set the assessment fee according to the club's by-laws or governing body and increase or decrease the fee as needed upon approval of the club's governing body and recording of the fee change in the club's minutes;

(3) use only money from the fee assessment to purchase or replace alcoholic beverages purchased for use under the equal assessment pool system; and

(4) keep a well-bound book in which is recorded the following about each member of the pool: the member's name and membership number, the date and amount of each liquor pool assessment, and the date of payment of the assessment. This rule does not apply to fraternal organizations or to veterans' organizations.

(c) Replacement Pool Systems. Each holder of a private club registration permit operating under a replacement pool system by which a designated percentage of daily service charges collected for the service of alcoholic beverages is set aside to replace alcoholic beverages served to club members and their guests and to temporary membership card holders shall:

(1) initially set the percentage according to the club's by-laws or governing body and increase or decrease the percentage as needed upon approval of the club's governing body and recording of the percentage change in the club's minutes; and

(2) use only money from the designated percentage of daily service charges collected for the service of alcoholic beverages to purchase or replace alcoholic beverages purchased for use under the replacement pool system.

(d) Each holder of a private club registration permit operating under the pool system using either equal assessments or a replacement percentage shall prepare a record showing separately the pool assessments or replacement funds collected from the membership and the disbursements of these collections for purchases of alcoholic beverages.

(e) The holder of a private club registration permit or a private club exemption certificate permit may purchase wine only from the holder of a local distributor's permit.

Source Note: The provisions of this §41.53 adopted to be effective December 6, 2021, 46 TexReg 8246