Title 3, Chapter 12, Section 3
(a) As used in this Code section, the term:
(1) "Member" means any person whose membership application has
been approved by the social club, which membership shall not
become effective for purposes of purchasing alcoholic beverages
less than five days following both approval and payment of the
membership initiation fee.
(2) "On-premises consumption" means consumption on the property of
the social club including the club house, golf course, and other
outside recreational facilities of the club. Sales of alcoholic
beverages for on-premises consumption shall be made only by
authorized charge to a member's account or to a major credit card.
There shall be no cash sales of alcoholic beverages.
(b)(1) Upon the establishment of a residential community development district as provided in Code Section 3-12-2, each county which encompasses such a district, through proper resolution or ordinance, may authorize the issuance of licenses to sell alcoholic beverages by the drink for consumption on the premises within a community development district. Each such governing authority shall have full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of any such licenses and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this subsection.
(2) No resolution or ordinance adopted pursuant to paragraph (1)
of this subsection shall become effective until the governing
authority of the county submits to the qualified electors of the
voting precinct wherein the residential community development
district is located the question of whether the ordinance or
resolution shall be approved or rejected. If in the election, a
majority of the electors voting on the question vote for approval,
the ordinance or resolution shall become effective at such time as
is provided for in the resolution or ordinance; otherwise, it
shall be of no force and effect.
(3) The county governing authority shall establish the date of the
election, which shall be not less than 30 days after the call of
the election, and shall notify the county election superintendent
of its decision as to the date. The election superintendent shall
issue the call for the election and shall specify that the
election shall be held on the date determined by the county
governing authority. The election superintendent shall cause the
date and purpose of the election to be published once a week for
two weeks immediately preceding the date thereof in the official
organ of the county. The ballot shall have written or printed
thereon the following:
"( ) YES Shall the issuance of licenses to sell distilled
spirits by the drink to certain residential
( ) NO community development districts be approved?"
Those persons desiring to vote in favor of issuance of the
licenses shall vote "Yes" and those persons opposed to issuance of
the licenses shall vote "No." If more than one-half of the votes
cast on the question are in favor of issuance of the licenses,
then the licenses may be issued in accordance with paragraph (1)
of this subsection; otherwise, the licenses may not be issued.
The question of the issuance of the licenses may not again be
submitted to the voters of the precinct within 24 months
immediately following the month in which such election was held.
The county election superintendent shall hold and conduct the
election under the same rules and regulations as govern special
elections. He or she shall canvass the returns and declare and
certify the result of the election to the Secretary of State and
to the commissioner. The expense of any such elections shall be
borne by the county wherein the election was held.
(c)(1) Upon being licensed by the county governing authority, a
residential community development district shall then apply to the
commissioner for the appropriate state license and shall be
subject to all state licensing requirements.
(2) Upon being licensed by the county governing authority and the
commissioner, alcoholic beverages may be sold by the social club
of the district to members and their guests for on-premises
(3) The social club shall be licensed to sell alcoholic beverages
to its members and their guests pursuant to such regulations as
the county governing authority may deem necessary for the proper
enforcement of this chapter.
(4) The original application for licensure by the county governing
authority shall be accompanied by a certificate from the board of
control of the district in which the social club is located
consenting to and approving the sale of alcoholic beverages at the