Midvale Golf & Country Club, based in Penfield, N.Y., fought the state Liquor Authority for three years over a small fine has prevailed in court says the Democrat & Chronicle.
In a written decision dated July 27, state Supreme Court Justice Evelyn Frazee ruled that the authority’s board had erred when it pressed a $2,000 fine against Midvale Golf & Country Club for selling an alcoholic drink to a nonmember.
A “casino night” fundraiser for the Southeast YMCA, hosted by a club member in October 2006, had drawn the attention of an authority agent. The agent attended undercover and subsequently cited Midvale for three violations of its private-club liquor license, including providing her with a glass of wine.
After the club refused to pay a $1,500 fine, an authority law judge held a full hearing and recommended that all charges be dropped. But early this year, the authority’s board reversed that decision and reinstated the selling-to-a nonmember count, along with a $2,000 fine.
According to Frazee’s decision, the authority board argued that only a nonmember who was “directly known” by a sponsoring club member could purchase a drink there.
That decision raised concerns locally that private clubs would be unable to host weddings, fundraisers or other gatherings that involved non-members and that charities would have a harder time finding a venue to host fundraisers where alcohol was served.
But Frazee ruled that while such events at private clubs must be hosted by a member, there is nothing in the law stating that the member has to be personally known each guest.
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