TRILOGY AT VISTANCIA COMMUNITY ASSOCIATION
UNANIMOUS CONSENT TO ACTION
BY THE BOARD OF DIRECTORS
CHARTERED CLUB RULES
The Board of the Trilogy at Vistancia Community Association, an Arizona nonprofit corporation
(“Association”), hereby takes the following action in writing and without a meeting pursuant to
A.R.S. § 10-3821, which action shall have the same force and effect as if taken by the Board at a
duly called meeting of the Board.
WHEREAS, Article 5, Section 5.3 of the Declaration of Covenants, Conditions and
Restrictions for Trilogy at Vistancia (“Declaration”) and Article 3, Section 3.11.7 of the Bylaws
of Trilogy at Vistancia Community Association (“Bylaws”) provide for the Board’s authority to
adopt, amend and repeal rules;
WHEREAS, the Board of Directors now wishes to adopt rules regarding chartered clubs;
NOW THEREFORE, Board of Directors hereby approves and adopts the Trilogy at
Vistancia Community Association Chartered Club Rules December 1, 2015 and declares that
these Chartered Club Rules shall be binding and enforceable as set forth in the Declaration.
IN WITNESS WHEREOF, the undersigned have executed this consent as of the
_________day of ___________________, 2015
__________________________
Hal Looney, President
__________________________
Joan Scarbrough, Vice-President
__________________________
Bob Williams, Secretary/Treasurer
__________________________
Curtis Briggs, Assistant Secretary
___________________________
Bob Ingersol, Assistant SecretaryDocuSign Envelope ID: B7A175D9-988D-442C-8578-53A2C66D89A0
TRILOGY AT VISTANCIA COMMUNITY ASSOCIATION
CHARTERED CLUB RULES
December 1, 2015DocuSign Envelope ID: B7A175D9-988D-442C-8578-53A2C66D89A0
TABLE OF CONTENTS
INTRODUCTION.................................................................................................................................................. 1
1. AUTHORITY ............................................................................................................................................... 2
2. RESPONSIBILITIES ...................................................................................................................................... 2
3. PREREQUISITES FOR CLUB CHARTERS ........................................................................................................ 2
4. CHARTER ................................................................................................................................................... 3
5. MEMBERSHIP AND GUESTS ....................................................................................................................... 4
A. MEMBERSHIP ........................................................................................................................................... 4
B. GUESTS................................................................................................................................................... 5
1. Resident Guests ................................................................................................................................ 5
2. Nonresident Guest............................................................................................................................ 5
a. Household Guests .......................................................................................................................................... 5
b. TVACA Guest .................................................................................................................................................. 5
c. Club Program Hospitality Guest………………………………………………………………………………...5
6. CLUB PROGRAM, SUPERVISION AND SAFETY ............................................................................................. 6
A. ELECTION/APPOINTMENT OF OFFICERS ........................................................................................................... 6
B. MEMBERSHIP MEETINGS ............................................................................................................................. 7
C. CLUB BYLAWS .......................................................................................................................................... 7
D. POSTING OF BYLAWS AND WRITTEN OPERATING RULES ...................................................................................... 8
E. CLUB FORMS ............................................................................................................................................ 8
F. CLUB FILE ................................................................................................................................................ 8
G. FACILITY MONITOR .................................................................................................................................... 8
H. OPEN WORK TIME .................................................................................................................................... 8
I. INSTRUCTORS ........................................................................................................................................... 9
J. HOURS OF OPERATION ............................................................................................................................... 9
K. PARTICIPATION DATA ................................................................................................................................. 9
L. OPERATING EXPENSES ................................................................................................................................ 9
M. COMMERCIAL ADVERTISING ......................................................................................................................... 9
N. BUSINESS COMMUNICATIONS ....................................................................................................................... 9
O. COMMITTEES ........................................................................................................................................... 9
1. Safety Committee ............................................................................................................................. 9
a. Incidents/Accidents .......................................................................................................................................10
2. Audit Committee ............................................................................................................................. 10
P. CLUB MONITORS...................................................................................................................................... 10
Q. NO SMOKING POLICY ................................................................................................................................ 10
7. SALES POLICIES ........................................................................................................................................ 10
A. PHILOSOPHY ........................................................................................................................................... 10
8. SALE OF HOBBY SUPPLIES ......................................................................................................................... 11
9. FINANCE, TAXES AND TAX STATUS ........................................................................................................... 12
10. LEGAL MATTERS REGARDING CLUB ACTIVITIES..................................................................................... 12
A. ALCOHOLIC BEVERAGES ............................................................................................................................. 13
B. GAMBLING/GAMING LAWS ........................................................................................................................ 13
C. FUNDRAISING .......................................................................................................................................... 13
D. PROFESSIONAL COUNSEL ............................................................................................................................ 13DocuSign Envelope ID: B7A175D9-
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11. USE OF TVA COMMUNITY ASSOCIATION FACILITIES ............................................................................. 13
A. B. HOMEOWNER ASSOCIATION RESIDENTS ......................................................................................................... 13
FACILITY SCHEDULING AND PUBLICITY ............................................................................................................ 13
1. Responsibility .................................................................................................................................. 13
2. Facility Reservations ........................................................................................................................ 14
a. Regular Facility Use .......................................................................................................................................14
b. Schedule Changes ..........................................................................................................................................14
c. Summer Operating Schedule .........................................................................................................................14
3. Special Activities or Events .............................................................................................................. 14
12. COMMUNITY ASSOCIATION FEES AND CHARGES .................................................................................. 15
A. SPECIAL ACTIVITIES ................................................................................................................................... 15
B. FEE SCHEDULE ......................................................................................................................................... 15
13. EQUIPMENT AND FACILITY USAGE ....................................................................................................... 15
14. DISCIPLINARY PROCEDURES ................................................................................................................. 16
A. VIOLATIONS OF CHARTERED CLUB RULES AND REGULATIONS UNRELATED TO CONDUCT CODE, SAFETY OR FAILURE TO PAY
DUES……… ...................................................................................................................................................... 17
1. Procedure ....................................................................................................................................... 17
2. Remedies ........................................................................................................................................ 17
a. First Violation ................................................................................................................................................18
b. Subsequent Violations ...................................................................................................................................18
B. C. D. VIOLATIONS OF CHARTERED CLUB RULES AND REGULATIONS RELATED TO SAFETY ..................................................... 18
NON‐PAYMENT OF CLUB DUES OR OTHER MONETARY COMMITMENTS ................................................................. 18
VIOLATIONS OF THE TVACA CODE OF CONDUCT .............................................................................................. 19
PROCEDURES FOR OBTAINING A CLUB CHARTER (Attachment #1)
...………………………………..
CHARTERED CLUB FORMS (ATTACHMENT #2) ................................................................................................... .21
STATE OF ARIZONA GAMING REGULATIONS (ATTACHMENT #3) ........................................................................ 22
GAMING .................................................................................................................................................................. 22
RAFFLES .................................................................................................................................................................. 23
BINGO ..................................................................................................................................................................... 24
CHARITABLE GAMBLING ........................................................................................................................................ 24
LIQUOR ................................................................................................................................................................... 25
ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL (DLLC) (ATTACHMENT #4) ................................... 26
NOTES (ATTACHMENT #5) ................................................................................................................................ 27
FORMS .............................................................................................................................................................. 28DocuSign Envelope ID: B7A175D9-
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Trilogy at Vistancia
Community Association
CHARTERED CLUB RULES
Introduction
This document outlines the policies and procedures for resident establishment and
operation of chartered clubs within the Trilogy at Vistancia Community
Association (“TVACA” or “Association”). Chartered clubs are the social and
recreational "hub" of the Association and provide both structure and impetus to all
recreation programs. Proper coordination between TVACA and prospective clubs
is essential to ensure the definition of a charter is fully satisfied, that member
strength/interest is sufficient to warrant club formation and that facility space is
adequate/available to support intended club activities.
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CHARTERED CLUB RULES
1. AUTHORITY: The authority to charter clubs rests with the Trilogy at Vistancia
Community Association’s Lifestyle Director and staff, at the direction of the Board. Because
these Chartered Club Rules set forth the rules governing the basic functioning of the TVACA
Chartered Clubs and their activities, they are considered a part of the Governing Documents of
TVACA, as that term is defined in the Association’s Declaration and Association Rules.
2. RESPONSIBILITIES:
A. Directors.
The authority to amend the rules as set out herein is that of the TVACA Board of
B. The TVACA’s Lifestyle Director is responsible for implementing policy for
chartered clubs, allocating facility space, handling financial concerns and
approving/disapproving all actions pertaining to resident club policies.
C. TVACA’s Lifestyle Director is responsible for assisting clubs with facility
scheduling, special programs and publicity/promotion.
D. general membership.
Each club will have an executive board/officers elected on an annual basis by the
1. For a club formed on or after September 1st of any year, the initial
board/officers shall serve until the December 31st of the following year. For any club formed
before September 1st of any year, the initial board/officers shall serve until December 31st of
that current year. All subsequent elections shall be conducted so as to take effect at the
beginning of each calendar year.
2. The Club’s Executive Board shall be comprised of the required officers
and any other necessary positions determined by the officers or members of the club. The
maximum number of members of the club board and/or officers shall be nine (9).
3. The outgoing board/officers shall ensure the new board/officers
understand their obligation for reports and documentation of the responsibilities outlined herein.
With the acceptance of a Club office or membership, it is inherent that each board member/club
officer assumes the responsibility to guide the Club within its Bylaws and/or TVACA Charter
Club Rules, as well as assuring that the Club’s and its members’ actions comply with the
requirements of the TVACA Project Documents.
3. PREREQUISITES FOR CLUB CHARTERS:
A. Any group of TVACA residents who wish to join together to form a club
interested in pursuing a particular hobby, avocation, or field of interest will require information
on TVACA Chartered Club Rules when requesting formal club status.
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B. Specific steps for obtaining a charter:
1. Review “Procedures for Obtaining a Club Charter” completely
(Attachment 1). A copy may be obtained from the Lifestyle Director.
2. 2, “Initial Membership Roster.”
Complete Form TVACA-1, “Application for Charter” and Form TVACA-
3. Develop a proposed set of club bylaws using the format in Form TVACA-
3, “Sample Bylaws.” Bylaws should be as complete and comprehensive as possible. Additional
operating procedures may be created for a club. Such procedures, except for safety procedures,
are only subject to approval by the club’s members. Safety procedures must be reviewed and
approved as provided for under Section 6.O.1 of these Club Rules.
4. After the Bylaws are approved by the initial membership, attach them,
along with the Initial Membership roster, to the Application for charter and give to the Lifestyle
Director.
5. TVACA’s Lifestyle Director will review the package to ensure all
elements are complete. Any additional requirements will be identified at this time and
appropriate corrections/additions made.
6. When all requirements have been met, TVACA Board of Directors will
vote to approve or disapprove the Application Charter and Bylaws. If disapproved by the Board,
a written explanation will be given. If approved by the Board, such approval will be forwarded
to the Lifestyle Director, to officially accept and approve the new Club Charter.
C. Initially, each club shall have at least 10 paid-up first year members for a non-
crafts club and 7 paid-up first year members for a crafts club. Once the charter has been granted,
the active paid up membership must remain at or above the minimum level.
D. Clubs may not grant honorary memberships to anyone who is not a
resident/member of the TVACA unless prior approval has been granted by the Lifestyle Director
under Section 5-B-2-c of these Rules or otherwise or by the Board of Directors.
4. CHARTER: The Charter is the formal authorization granting official status to a club in
the TVACA. Chartered clubs are given priority for facility use, offered regular use of facilities
(as available), authorized gratis use of facilities for regular meeting/activity use, and given
special rates for use of facilities during special events/activities. Additionally, chartered clubs
with fixed nonportable equipment, or portable equipment with an acquisition cost of $300 or
more, are extended insurance coverage as the equipment is formally transferred to TVACA.
A. The granting of a charter is based on membership need for a specific program,
membership interest as determined by a pre-designated minimum number of active participants
and the availability of TVACA space, equipment and facilities.
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B. Charters will not be granted to clubs which require subsequent membership in
affiliated national, state, or regional organizations as a precondition for membership. Any
affiliation in a national, state, or regional organization must be optional on the part of the
individual member. There may be exceptions to this policy which will be dealt with on a case by
case basis. Further, once chartered, clubs may not merge with another entity, or provide for its
members’ mandatory involvement with and/or membership in a cooperation separate and distinct
from TVACA or its chartered clubs. If a merger is entered into at any time that club ceases to
exist as a TVACA sponsored activity and its charter is immediately revoked.
C. Charters will not be granted to any club which sets a restrictive precondition for
membership based on race, religion, color, gender, ethnic culture, national heritage, or any other
discriminatory criteria. Membership in a chartered club must be open to all bonafide residents of
Trilogy at Vistancia.
Note: The formation of desirable segregated activities for male and female members of
TVAC may be permitted as long as both genders are provided with an equitable opportunity to
pursue common interests (e.g., Men and Women sport clubs).
D. Charters may be revoked following a recommendation by the TVACA’s Lifestyle
Director and decision by the Board of Directors. Reasons for revoking a club's charter include,
but are not limited to, membership decline below minimum number, noncompliance with any
TVACA rules, irreconcilable conflict among a membership, creating a condition that projects the
club and/or the TVACA in an undesirable or embarrassing position, or violation of Federal,
State, or local government statutes and ordinances. Revocation of a club charter may be
appealed by providing written justification to the Lifestyle Director /and the Board of Directors
within 14 days of the revocation notice. The Lifestyle Director/and or the Board of Directors
will provide a written notice of final decision (of an appeal) within 30 days of receiving said
appeal. (During the disputed time and appeal process, all chartered club activities will be
suspended. At the time of decision by the Lifestyle Director and the Board, privileges will be re-
instated or revoked as directed.)
E. Charters will not be granted to groups whose purpose is similar to existing clubs
using the same common facility.
5. MEMBERSHIP AND GUESTS:
A. Membership:
1. Before joining a club, Trilogy at Vistancia residents having a current and
valid TVACA resident ID card or Renter Card, are encouraged to visit with chartered clubs a
limited number of times. Once club hospitality has been enjoyed, and club operations and
programs have been explained and understood, clubs may require regular membership for
continued participation in their activities.
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2. While provisions for honorary membership may be identified by a club,
the extension of honorary membership cannot be made to anyone who is not currently in good
standing with TVACA and paid currently as a Trilogy at Vistancia resident.
3. Club executive boards are responsible for periodically reviewing club
membership files to ensure club members are paid current as a Club member and as a Trilogy at
Vistancia resident to participate in club activities (Exception as noted in section B below). At a
minimum, clubs are asked to complete Form TVACA-9, “Membership File Review” during the
1st calendar year quarter, and unannounced membership checks during each of the following
three (3) quarters. The Lifestyle Director will review randomly the reports to see if members are
in good standing.
B. Guests: For the purpose of chartered clubs, the following definitions apply:
1. Resident Guests: A Resident Guest of Trilogy at Vistancia with a current
TVACA Resident status who has not yet formally joined a respective club, but is qualified to do
so. After a Resident Guest has accepted club hospitality as defined in the individual club’s guest
policy, they will be required to join the club in order to continue participating in the club’s
activities.
2. Nonresident Guest: Nonresident guests are not authorized to join a
chartered club. Whenever practical, clubs will extend program hospitality to authorized
nonresident guests, if accompanied by the Resident member.
a. b. Household Guests: Household guests are those individuals or
family members who temporarily reside with a Trilogy at
Vistancia Resident during a specific period of time. These
individuals may use TVACA facilities as guests of the Trilogy at
Vistancia resident at the then current daily use fee for guests. Guest
passes are available at the reception desk of the Athletic Club or
the Member Services Desk.
TVACA Guests: TVACA guests are those individuals or family
members who temporarily reside with a Trilogy at Vistancia
Resident and are occasionally invited to participate in chartered
club programs by a chartered club member. This does not include
guests who are invited by a member on a regular basis to
participate in a specific club activity. Members must also
accompany this category of guest when using a club facility and
any applicable guest fees must be paid. It is the responsibility of
the officers of chartered clubs and their members to see that such
invitations are not abused.
c. Club Program Hospitality Guests: Club program hospitality
guests are those nonresident individuals who have been approved
by the Lifestyle Director to participate in a club program as a
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member of a team in a sport or other competitive activity which
involves participation at sponsored events at TVA’s facilities, as
well as at other locations. Each club will establish the policies and
procedures governing the use of such guests as nonresident team
members, which shall be submitted to the Lifestyle Director for
approval, as well as any changes thereto. However, the number of
club program hospitality guests at any time should not exceed the
minimum number of individuals needed to fill out the team with
qualified individuals, once all TVA club members who wish to
participate are accounted for, and where the use of such
nonresident individual(s) is allowed by the governing rules of the
sponsor of the sport or other competitive activity. The
individual(s) or the number of slots needed by the club proposed to
be filled by club program hospitality guest(s) shall be submitted by
the authorized committee member to the Lifestyle Director for
approval. The Lifestyle Director’s approval may be made at the
beginning of each program’s season, for any event, or as otherwise
determined as appropriate by the Director. The use of any club
program hospitality guest may not be allowed, so as to prevent any
qualified and interested TVACA resident/member from
participating on the team, except that any previously approved club
program hospitality guest may complete their currently approved
guest period. The Lifestyle Director shall resolve any questions or
disputes concerning the use of club program hospitality guests.
Club program hospitality guests may only use the TVACA
facilities for team practice or to participate in team events,
accompanied by one or more of their club team’s members. To
compensate the TVACA for the use of its facilities, the club
program hospitality guest must pay the then current fee,
determined by the Lifestyle Director for that club’s program
hospitality guests, which may be set as a daily use fee or cover a
specific period of time. Different clubs and/or programs may have
different fees and which may change from time to time. The
Lifestyle Director shall advise all new club program hospitality
guests of the applicable TVA Association Rules and Club Rules,
including the Code of Conduct. All approved club program
hospitality guests are required to check in at the Spa/Fitness desk
prior to any practice or play on the Trilogy tennis courts. They
will be given guest cards.
6. CLUB PROGRAM, SUPERVISION AND SAFETY:
A. Election/Appointment of Officers: At a minimum, clubs must have a president,
vice-president, and secretary-treasurer. Any voting member of a club's governing unit, i.e. the
club’s officers or executive board, must be elected by vote of the general membership of the club
or, if appointed, confirmed by vote of the general membership of the club, and shall serve
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without compensation. Appointees, if not confirmed by the club membership, may attend
governing unit meetings, but without a vote. In the election process, no member can be a
candidate for more than one office at a time. As new officers are elected, clubs will complete
Form TVACA-5 "New Club Officers" and forward it to the Lifestyle Director within 14 days of
an election.
B. minutes.
Membership Meetings: At a minimum there will be four (4) business meetings
conducted each calendar year. See Notes- Attachment #5 for additional information about
1. Minutes will be taken by the secretary or other designated club member to
document all business sessions. Minutes, as well as other pertinent administrative records, will
be retained for a period of three (3) years.
2. Refer to Robert’s Rules of Order for assistance in parliamentary
procedures. Please note that stated Bylaw provisions take precedence over Robert's Rules; i.e.,
anything not stated in the Bylaws shall be referred to Robert's Rules for parliamentary rule.
3. Required Chartered Club Officer's Meetings:
a. Each year TVACA’s Lifestyle Director and Director of Resort
Operations will meet with the Chartered Clubs' Presidents to
update policies, clarify procedures, and discuss mutual concerns.
These meetings are vitally important to Club Presidents and
attendance is required.
b. Each year TVACA’s Lifestyle Director will hold an orientation
meeting for club secretaries to provide instruction of clerical and
club documentation policies and procedures and attendance is
required.
c. Coffee Talk is normally held on each Friday morning. Clubs are
urged to participate by reserving a space and scheduling club
representatives to provide club activity and membership
information to all residents attending.
C. Club Bylaws: The following procedures are offered when considering an
amendment to Club Bylaws.
1. The Lifestyle Director will forward the proposed amendments to the
Board of Directors. The Board of Directors will approve or disapprove the proposed
amendments. If disapproved, a written explanation will be given.
2. ample time provided for review.
Proposed amendments should be well publicized to the membership, and
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3. Unless specified in the Bylaws, a quorum is considered to be a simple
majority of the entire membership. If changed in the Bylaws, the quorum number will fall
between 25% and 50% of the entire membership.
D. Posting of Bylaws and Written Operating Rules: Bylaws must be in a
conspicuous location for member and guest convenience. Operating rules (as applicable) will
also be conspicuously posted. While the extent of written operating rules are somewhat at the
discretion of the club, all arts & crafts clubs using electric or gas operated machinery (portable
and fixed) will develop and post written operating rules pertaining to safety and machine
operating procedures.
E. Club Forms: To assist clubs in the administration of their programs, and to
provide TVACA with essential statistical data, a series of forms has been created. All club forms
are identified by the prefix "TVACA". A summary of all forms used by the TVACA is shown in
Attachment 2. Clubs may copy any or all of these forms as necessary.
F. Club File: The Lifestyle Director will maintain a file on each club. The file will
be organized as follows:
1. Section I - Approved application for Charter with Initial Membership
Roster.
2. 3. Section II - Approved Bylaws and Amendments.
Section III - Additional Club Operating Rules, Bylaws and Safety
program.
4. Section IV - General correspondence
5. Section V - Financial information
G. Facility Monitor: During all operating hours, a facility monitor may be provided
by any club that has a designated room with specific equipment, to ensure established operating
procedures are followed. In the event a monitor is not present when required, the working area
of the club will be closed.
1. In the event of disagreement between monitor and participant, the position
of the monitor will be sustained (first) pending review by club officials, the Lifestyle Director
(needed), and (if reversed) by TVACA Board of Directors.
2. Monitors are authorized to check TVACA membership and/or guest cards.
H. Open Work Time: All arts & crafts clubs will schedule their operating time to
allow for a minimum 25% to be used by their membership for open workshop/general use time.
This time will not be hindered by meetings, instructional classes, or other planned courses, but
must be under the direction of a club monitor. If membership demand for equipment warrants,
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monitors should enforce club-designated time limits for the use of equipment to maximize
member participation.
I. Instructors: Resident instructors may offer classes or workshops to club
members on a voluntary basis. These instructors may not receive any personal monetary
compensation. Those residents who do wish to offer their teaching services for personal
monetary compensation must do so outside of the Association facilities
J. Hours of Operation: Facility hours of operation are currently 7:00 AM to 9:00
PM. If a club or group plans an activity that may exceed the 9:00 PM closing time, an hourly fee
will be charged as set forth in the Schedule of Charges & Fees for all TVACA facilities. Clubs
sponsoring full-time use of a facility will post scheduled operating hours. The lettering for this
schedule will be standardized and is to be submitted for approval to the Lifestyle Director.
K. Participation Data: All clubs are required to provide the Lifestyle Director with
monthly participation figures relating to their collective regular activity. Use Form TVACA-4,
"Monthly Participation Report" for submitting this information. The accuracy and timing for
reporting this data cannot be overemphasized since it is used by the Lifestyle Director to evaluate
the need to sustain or revoke club charters (based on demonstrated participation, or justify
changes in facility use). All data should be submitted to the Lifestyle Director by the tenth
(10th) day of each month.
L. Operating Expenses: Clubs are expected to generate enough income to offset
any expenses such as printing of flyers, purchase of supplies, etc.
M. Commercial Advertising: To preclude the appearance of a commercial entity, or
of an activity soliciting for non-resident support, clubs will not engage in paid advertisements in
commercial media. However, internal club newsletters/flyers and information provided via
TVACA’s MyTrilogyLife.com and TVACA’s eNewsletter are fully permissible.
N. Business Communications: Any club matter requiring action on the part of the
Lifestyle Director and/ or the Board of Directors will be referred in writing. The Board of
Directors will not involve itself in any club-referred matter unless it has been first reviewed by
the Lifestyle Director.
O. Committees: Committee chairperson may be elected by the general membership
or appointed by the Executive Board.
1. Safety Committee: Any club using powered equipment, chemicals,
and/or hand tools will establish written safety rules and appoint a Safety Committee to oversee
the program. A copy of the written safety rules will be forwarded to the Lifestyle Director for
review, and subsequent approval by the Board of Directors. Clubs are responsible for providing
the Lifestyle Director with any changes subsequently made to these rules. At a minimum, the
written rules will delineate the safe operating policies for all equipment and identify safety
awareness signs and accessory equipment required for the work area; e.g. safety eye goggles.
These written rules must be posted in the room where they are easily visible to all members.
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a. Incidents/Accidents: All incidents/accidents occurring in
TVACA facilities, including those requiring medical attention, will
be reported using Form TVACA-6, "Incident/Accident Report"
and forwarded to the Lifestyle Director. While facility monitors
will be responsible for documenting pertinent details of an incident
in respective club logs, club officers will be responsible for
ensuring the proper information is provided in a timely manner.
2. Audit Committee: The club president will establish an audit committee
from the general membership. Suggested term of office is one year or at discretion of the club
president. Elected club officers or committee chairpersons may not be a member of the
committee.
a. The audit committee will report directly to the club president.
b. On a quarterly basis, the audit committee will examine the
Treasurer’s accounting and/or report of club funds in time to be
audited before a general membership meeting. This examination
may include vouchers, bank statements, cash, and other records as
required.
c. The audit committee having certified to its accuracy, will submit
their report to the club president, which has the effect of approving
the Treasurer’s report to the general membership.
d. The audit committee will review and submit to the Club
Operations Manager, the club’s annual financial statement.
P. Club Monitors: These individuals are responsible for supervising a facility, and
supervising the use of equipment within that facility. In this regard, club officers will ensure
monitors are reasonably well qualified in the use of shop equipment, and properly trained in
related safety awareness measures. Monitors have the authority to deny the use of equipment to
any individual who in their judgment is either unable or unwilling to abide by stated safety rules.
Q. No Smoking Policy: Smoking is prohibited in all indoor areas of Common Area,
in the outdoor swimming pool areas and within sixty feet (60’) of any Common Area building.
7. SALES POLICIES: This section sets forth policies and procedures for clubs.
A. Philosophy: TVACA facilities are intended to be used by TVACA residents for
the primary purpose of pursuing and encouraging resident club activities. Individual club
members are not allowed to engage in internal sale activities which result in personal monetary
gain.
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1. Residents should be periodically reminded that the sale program is
authorized only under TVACA sponsorship, and is designed specifically to foster membership
growth and financial support needed by crafts-related clubs. Individual, or private selling of
merchandise in the Kiva Club or any other surrounding areas on the TVACA property, for the
express purpose of generating personal monetary gain will only be permitted under special
circumstances when authorized by TVACA’s Lifestyle Director and/or Director of Resort
Operations.
2. While club sales activity is an acceptable practice for a nonprofit
organization, the allowance is generally to support the internal operating needs of the Club.
When sales activity does take place, all forms of payment (ie, checks or cash) will be made
payable to the TVACA and remitted to the Lifestyle Director’s office using Form TVACA-14,
“Merchandise Sales Report.” Once verified, the Lifestyle Director will submit the form/s to the
Club Operations Manager and they will remit payment to the club, less the sales tax, for
appropriate distribution. Sales taxes retained will be reported and remitted to the State Board of
Equalization by the community manager for TVACA.
3. Clubs are not permitted to engage in direct merchandise sales without the
express approval of the Lifestyle Director / Director of Resort Operations.
4. Clubs may participate in direct merchandise sales during TVACA
approved events only (for example, holiday, arts or craft show).
5. Procedures: During such events as mentioned above in Section 7.A.4,
clubs will establish procedures to ensure member opportunities to display merchandise for sale,
as well as the number of items authorized for sale, are fair and equitable for the entire club.
6. Pricing: Pricing on sale items is the responsibility of the club following
input from the respective club member (artist). The club will retain a minimum of 10% (as a
means of generating financial support). The percentage to the club is fixed between the club and
club member artist. Once the minimums are satisfied, the sale price, less sales tax, is returned to
the artist through the club.
SALE OF HOBBY SUPPLIES: This section sets forth policies and procedures for
8. clubs.
A. Clubs may sell hobby supplies to members at reasonable rates as long as any
profit derived is returned to the club.
1. Individual club members are not allowed to engage in internal sale
activities of hobby supplies which result in personal monetary gain.
2. Instructors (paid or otherwise) who sell hobby supplies to members can
only do so when authorized by a chartered club under written agreement. When such an
arrangement is made between club and instructor, the club is responsible for defining guidelines
to ensure that income is controlled, documented, and properly distributed. When such an
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agreement is negotiated, clubs are encouraged to retain a minimum of 10% of the gross sale price
to assist in offsetting current or future operating needs. In addition, sales taxes must be collected
and reported to the State Board of Equalization via Community Association using Form TVACA
Deposit Form - 14 “Merchandise Sales Deposit Report.”
3. Hobby supplies may be displayed for sale in the studios as a convenience
to members.
9. FINANCE, TAXES AND TAX STATUS: This section sets forth policies and
procedures for clubs.
A. Chartered Clubs operate as a part of TVACA, which is a mutual benefit, non-
profit organization. Any and all bank accounts shall be opened under the TVACA Federal Tax
Identification number. Bank accounts may include TVA in the title, (example: TVA Club
name). Please do not use the prefix Trilogy at Vistancia, as this may cause confusion for a bank
facility with multiple Club accounts.
B. On an annual basis, before January 15, the financial statements of each Chartered
Club shall be presented to the Clubs Operations Manager. The financial statements shall include
a balance sheet, income statement, and audit report (see Attachment 2) and be prepared
following generally accepted accounting principles. Each club’s financial year shall begin on the
later of (a) the month and day date on which it began its operation as a Chartered Club or (b)
January 1 and end on the last day of December of that year. All reports and statements prepared
by the treasurer will be reviewed and submitted by the club’s Audit Committee to the Lifestyle
Director and/or Director of Resort Operations.
1. Within sixty (60) days after the end of the Club's financial year, each club
shall transfer to TVACA all funds in excess of reasonable budgeted operating costs necessary for
the new year.
2. Financial records shall be retained for a period of not less than seven (7)
years.
3. The Lifestyle Director and/ or the Director of Resort Operations, with
minimum notice, shall have access to all of the books and records of the Club.
4. Checks drawn on Club bank accounts shall require the signatures of a
minimum of two Club officers. All payments, whether for goods or services shall be made by
check.
C. Contributions: Clubs may not donate club funds to a charity or other entity
without the prior written approval of the Lifestyle Director and/or Director of Resort Operations.
10. LEGAL MATTERS REGARDING CLUB ACTIVITIES:
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A. Alcoholic Beverages: It is a violation of the Arizona State law to bring your own
alcoholic beverages onto and into the Kiva Club facilities & surrounding property (A.R.S 4-244
(40)). For special functions at the restaurant, arrangements may only be made with the manager /
agent of the entity that holds the valid “Series #6” Arizona Liquor License and operates
according to applicable law, including, without limitation, the guidelines set forth by the Arizona
Department of Liquor Licenses and Control. TVACA, through Cafe Solaz, LLC, holds a Series
#6 Arizona Liquor License, therefore the sale of alcohol at any club event or function is managed
by the Lifestyle Director & the Community Association.
B. Gambling/Gaming Laws: As stated in Section 4.D., no Chartered Club or any
member of the club is allowed to create a condition that projects the club and/or TVACA in an
undesirable or embarrassing position, or violate Federal, State, or local government statutes and
ordinances. This includes abiding by the State of Arizona Gambling/Gaming Laws (Attachment
3). Failure to adhere to these laws could result in the club’s charter being revoked, following a
recommendation by the Lifestyle Director and/or Director of Resort Operations and decision by
the Board of Directors.
C. Fundraising: The use of “Las Vegas Nights”, poker tournaments and/or raffles
as a way of generating club revenue is also regulated by the State of Arizona Gambling/Gaming
Laws. (See Attachment 3).
D. Professional Counsel: Since clubs are chartered under the auspices of TVACA,
clubs are not authorized to engage outside professional counsel in tax matters, legal issues, or
financial practices without obtaining advance written approval from the Director of Resort
Operations.
11. USE OF TVA COMMUNITY ASSOCIATION FACILITIES:
A. Homeowner Association Residents: While all TVACA facilities and
administered programs within the physical confines of the TVACA are available to Residents,
regular participation in some activities may be contingent upon membership in a chartered club.
In these specific cases, TVACA has delegated full-time operating responsibility to respective
clubs in a conscious effort to provide low-cost programs in a necessarily structured and safe
environment. In those facilities where participation is contingent upon club membership, the
rationale is solely based on the need to protect both TVACA and Club purchased investments,
the essentialness of providing a safe and orderly working place, and the desire to establish a
comprehensive leisure time program.
B. Facility Scheduling and Publicity:
1. Responsibility: The primary responsibility for scheduling TVACA
facilities, coordinating special events, and publicizing TVACA programs rests with the Lifestyle
Director. Extensive and precise coordination is required between chartered clubs, residents, and
non-affiliated community groups who require the use of any TVACA facility. Once a facility
reservation has been confirmed, additional coordination by the Lifestyle Director with the
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individual or group's designated person will be done to ensure building utilities, functional setup
requirements, caterer service and billing procedures (if applicable) are met in timely manner.
2. Facility Reservations:
a. Regular Facility Use: Chartered clubs submit a "Master
Calendar" to the Lifestyle Director by the date specified by the
Lifestyle Director for requested regularly scheduled club activities
and meetings for the following year. Form TVACA - 7, "Master
Calendar" will identify regularly scheduled club activities and
meetings. The term "regular" is defined to mean those activities
and meetings that are consistently held on the same day(s) of the
week/month/quarter throughout the calendar year. Once reviewed,
evaluated and approved by the Director of Resort Operations, club
schedules will be input on a Consolidated Activities Calendar.
Unless a subsequent change occurs, there is no requirement for
additional submittal. The consolidated Activities Calendar is the
focal point around which all remaining facility space is determined
and, subsequently, all additional facility allocations are derived.
b. Schedule Changes: Based on facility availability, clubs may
request a change to their regular schedule at any time by
submitting an updated Master Calendar to the Lifestyle Director.
c. Summer Operating Schedule: In order to adjust for summer club
schedules and provide more economical maintenance, clubs will
forward a Form TVACA-10, “Summer Schedule” to the Lifestyle
Director by April 1 of each year.
3. Special Activities or Events: Clubs desiring use of a room for a special
event must request the special activity space from the Lifestyle Director in writing using Form
TVACA-8, “Request for Special Activity Space.”
a. In case of a conflict in requests from two different categories of
authorized users, the time of receipt of the written request or
signed contract by the Lifestyle Director will determine the priority
of assignment.
b. TVACA Residents and related chartered clubs will receive priority
over other nonaffiliated groups (unless a contract has been signed
prior to their request).
c. When the Lifestyle Director determines a rental fee is applicable
for the use of a facility, a Banquet Event Order (BEO) will be
generated and signed by the responsible party for the event. Once
the event has occurred, the club will be invoiced for the amount
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due. If an invoiced club becomes 30 days delinquent in payment,
the Lifestyle Director and/or Director of Resort Operations will
initiate additional action as deemed necessary. If an invoiced club
becomes 60 days delinquent on payment, the Lifestyle Director
will advise the Director of Resort Operations, who will recommend
further action from the Board of Directors.
d. Charter Clubs may not schedule a special event that is open to
anyone other than members of the club within a 10 day period
(before or after) a TVACA sponsored event without the prior
approval of the Lifestyle Director.
12. COMMUNITY ASSOCIATION FEES AND CHARGES:
A. Special Activities: Clubs having special activities, which are not included in
their Master Calendar and requiring extra work by Lifestyle Director, Maintenance Department,
or any other employee of TVACA or any Trade Partner for TVACA (for set-up, arrangement,
and clean up), will be billed according to the current fee schedule.
B. TVACA facilities.
Fee Schedule: The Lifestyle Director will maintain a fee schedule for use of all
13. EQUIPMENT AND FACILITY USAGE: This section sets forth policies and
procedures for TVACA equipment and facility usage by Chartered Clubs.
A. TVACA equipment and rooms may be used for Chartered Club activities in
accordance with approved club rules. Charges (where applicable) for use of rooms are as set
forth in the fee structure for rooms in any TVACA facility.
B. Club Officers are responsible for ensuring proper operational safety, reasonable
decorum, and proper care and use of all equipment and facilities is maintained.
C. For safety reasons, all hazardous craft equipment will be made available for use
only under the supervision of a qualified monitor or instructor.
D. Clubs' equipment, supplies, and/or services purchased from their own funds may
require approval of the majority of the club membership. This approval should be documented
and a copy provided to the Lifestyle Director.
E. Any Club may prohibit those unable or unwilling to use equipment safely or
correctly from using it. These individuals may be restricted to only those things which they are
capable of or willing to work at in accordance with Club safety rules.
F. When the demand for equipment usage exceeds the availability, Clubs will
establish procedures to equitably limit the time allowed for the equipment.
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G. Equipment Control and Ownership:
1. Each Club shall maintain an inventory of all tools and equipment in its
custody, which are owned by TVACA. The Club has a fiduciary responsibility to keep these
items in good working order, as well as providing for adequate item security. Each Club will
update the validity of its inventory on an annual basis and provide the Lifestyle Director with a
signed copy.
2. In many Clubs, equipment and supplies are owned by TVACA and/or the
Clubs. The following summarizes the manner in which ownership shall be observed:
a. Trilogy at Vistancia Community Association Ownership
(i) Any non-portable equipment, e.g. looms, kilns, lathes,
ovens, etc., any equipment of this type purchased by a Club
will be formally turned over to TVACA ownership.
b. Individual Club Ownership
(i) All consumable items of equipment and Club operating
supplies; and
(ii) Additional portable equipment and tools purchased by the
club with an acquisition cost of $300 or less.
3. TVACA liability insurance covers only TVACA-owned equipment.
4. Once a Club is formally established, all repairs to both Club and TVACA
owned equipment (assigned for club usage) shall be paid for by the Club.
5. transferred to TVACA ownership.
Upon Club dissolution, all Club-owned equipment and supplies shall be
6. Any equipment loaned or rented by a Club, and brought on TVACA
premises for use becomes the sole responsibility of the Club; i.e., TVACA will not extend its
liability coverage over such items unless specific arrangements are previously made with the
Clubs Activity Director and/ or the Director of Resort Operations.
H. Allocation of Facility Space: Space in all TVACA facilities will be allocated to
clubs on an equitable basis by the Director of Resort Operations, dependent upon membership
interest and available space. Use of the space and promotion of activities is provided by the
TVACA. In case of unusual requirements, TVACA management may preempt a club of
scheduled meeting space. In such a situation, the Lifestyle Director will attempt to provide
sufficient advance notice to minimize inconvenience to members.
14. Disciplinary Procedures:
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A. Violations of Chartered Club Rules and Regulations unrelated to Conduct
Code, Safety or failure to pay dues: An example of such a violation would be the failure to
comply with specific Club participation rules.
1. Procedure:
a. b. c. d. e. A Violation Report is completed by a Club officer, a Club
member, TVACA Staff member, Lifestyle Director, Board
member or another designated representative of the TVACA and
submitted to the Club's Executive Board.
If the Club's Executive Board believes a violation has occurred, a
Warning Notice will be completed and forwarded to the Club
Member and the Lifestyle Director. At the discretion of the Club's
Executive Board, this step may be skipped if, based on the
seriousness of the violation report and/or a history of past
violations, more immediate action is warranted.
If the violation persists after a Warning Notice has been issued, the
matter will be turned over to the Lifestyle Director and/or the
Director of Resort Operations for handling.
If the matter is turned over to the Lifestyle Director and/or Director
of Resort Operations for potential disciplinary action, the Director
of Resort Operations will send the Club Member a Hearing Notice
identifying the alleged violation and setting forth the date, time and
place, at least ten (10) days from the date of the notice, where the
Club Member can be heard before the Board of Directors or a
hearing committee appointed by the Board of Directors.
Failure to appear at the hearing could result in immediate
suspension of Club Membership. The Board or hearing
committee, as applicable, shall make specific findings at the
hearing as it relates to the violation of Club rules noting them on
the Ruling Notice sent to the Club Member. Ruling Notices should
be sent within fifteen (15) days after the hearing before the Board
or hearing committee has been concluded.
2. Remedies:
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a. First Violation: Up to Ninety (90) Days Club Membership
Suspension.
b. Subsequent Violations: Up to one hundred eighty (180) days
Club Membership suspension or revocation of Club Membership.
If the Board of Directors revokes the Club Membership, the Club
Member may not reapply for Club Membership until a period of
one year has passed.
c. The decisions and rulings of the Board or hearing committee
related to suspension of Club Memberships of ninety (90) days of
less are final and binding on the Club Member. Any suspension of
a Club Membership more than ninety (90) days or revocation of
Club Membership by a hearing committee is appealable to the
Board of Directors provided the Club Member gives written notice
of the appeal within fifteen (15) days after the notice of said
suspension or termination has been sent to the Club Member.
B. Violations of Chartered Club Rules and Regulations Related to Safety: If an
individual cannot or will not comply with stated operating procedures or, in the eyes of the
Club's Executive Board, cannot safely operate club equipment, the Club's Executive Board may
suspend all or part of privileges relating to the use of said equipment. However, before making
such a decision, the Club should make every effort to provide additional training instruction in
hopes of re-qualifying an individual. In most cases, a suspension of operating privileges will not
be considered disciplinary in nature, and will only be activated to protect the best interests of the
individual, the Club, and TVACA.
Any suspension of operating privileges based on safety concerns may be appealed to the
Board of Directors at any time by delivering a written notice of such appeal to the Director of
Resort Operations. Thereafter, a hearing will be scheduled before the Board of Directors to
determine whether or not the suspension of operating privileges should continue or whether it
should be rescinded.
The suspension of operating privileges should continue during the course of providing
notice and the hearing process unless and until rescinded by the Board of Directors. The
decision of the Board of Directors is final and binding and not appealable.
C. Non-Payment of Club Dues or Other Monetary Commitments: Club Member
dues are separate and distinct from the various assessments that Owners pay to TVACA. Failure
to pay Association assessments shall be handled consistent with the TVACA's collection policy
and Compliance Procedure. Failure to pay Club dues shall be handled in the manner prescribed
by each Club and may include automatic revocation of the Club Member's membership without
further notice; provided, however, that the Club Member shall have his/her membership
reinstated upon payment of the delinquent dues.
18D. Violations of the TVACA Code of Conduct: Code of Conduct violations shall
be handled by the Lifestyle Director and/or Director of Resort Operations consistent with the
TVACA's Compliance Procedure. Examples of violations are: (1) Rude and belligerent
behavior toward Club Member or (2) Verbal threats to another Club Member or a staff member.
While most activities covered in the Code of Conduct are based on common courtesy, the details
of the TVACA Code of Conduct are contained in Section 3.3.2 of the TVACA Rules. Each Club
member should refer to and be aware those requirements.
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CERTIFICATION
The Board of Directors approved these Chartered Club Rules on __________________, 2015.
DATED this _______ day of ___________________, 2015.
TRILOGY AT VISTANCIA COMMUNITY ASSOCIATION
By: ________________________________
Its: ________________________________
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TRILOGY AT VISTANCIA COMMUNITY ASSOCIATION
PROCEDURES FOR OBTAINING A CLUB CHARTER
(Attachment #1)
Step 1 Lifestyle Director.
Review this Operating Instruction completely. A copy may be obtained from the
Step 2 Roster (Form TVACA-2).
Complete the Application for Charter (Form TVACA-1) and the Initial Membership
Step 3 Develop a proposed set of club Bylaws using the format in Form TVACA-3, “Sample
Bylaws.” Bylaws should be as complete and comprehensive as possible.
Step 4 The Lifestyle Director will review the package to ensure all elements are complete.
Any additional requirements will be identified at this time and appropriate corrections/additions
made.
Step 5 When all requirements have been met, the Lifestyle Director will submit with his/or
her recommendation to approve or disapprove the application charter and Bylaws. If
disapproved by the Lifestyle Director, a written explanation will be given. If approved by the
Lifestyle Director, a recommendation will be forwarded to the Director of Resort Operations and
the Board of Directors to officially accept and approve the new club charter.
Step 6 After Bylaws are approved by the initial membership, attach them along with the
Initial Membership roster to the Application for charter and give to the Lifestyle Director.
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TRILOGY AT VISTANCIA COMMUNITY ASSOCIATION
CHARTERED CLUB FORMS
(Attachment #2)
Form TVACA-1 Application for Charter
Form TVACA-2 Initial Membership Roster
Form TVACA-3 Bylaws Template
Form TVACA-4 Monthly Participation Report
Form TVACA-5 New Club Officers
Form TVACA-6 Resort Guard Incident Report
Form TVACA-7 Master Calendar
Form TVACA-8 Request for Special Activity Space
Form TVACA-9 Membership Review Report
Form TVACA-10 Summer Schedule
Form TVACA-11 Balance Sheet
Form TVACA-12 Income Statement
Form TVACA-13 Income/Expense Recap Sheet / Audit Report
Form TVACA-14 Merchandise Sales Deposit Report
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DECEMBER 2012
STATE OF ARIZONA
Gaming Regulations
(Attachment #3)
GAMING
Arizona law prohibits all gambling unless the gambling falls within an express statutory
exception. Gambling includes any act of risking or giving something of value for the opportunity
to obtain a benefit from a game or contest of chance or skill for a future contingent event.1
There are six statutory exceptions to Arizona’s general prohibition on gambling: (1) gambling at
state, county, or district fairs that satisfy certain restrictions, (2) raffles conducted by certain
qualifying, non-profit organizations, (3) raffles conducted by certain state, county, or local
historical societies, (4) “regulated gambling,” (5) “amusement gambling,” and (6) “social
gambling.”
A.R.S. § 13-3301(1) defines “Amusement Gambling” as gambling involving a device, game or
contest which is played for entertainment if all of the following apply:
(a) The player or players actively participate in the game or contest or with the
devices.
(b) the player or players.
The outcome is not in the control to any material degree of any person other than
(c) The prizes are not offered as a lure to separate the player or players from their
money.
(d) Any of the following:
(i) (ii) (iii) (iv) No benefit is given to the player or players other than an immediate and
unrecorded right to replay which is not exchangeable for value.
The gambling is an athletic event and no person other than the player or
players derives a profit or chance of a profit from the money paid to
gamble by the player or players.
The gambling is an intellectual contest or event, the money paid to gamble
is part of an established purchase price for a product, no increment has
been added to the price in connection with the gabling event and no
drawing or lottery is held to determine the winner or winners.
Skill and not chance is clearly the predominant factor in the game and the
odds of winning the game based upon chance cannot be altered, provided
the game complies with any licensing or regulatory requirements by the
jurisdiction in which it is operate, no benefit for a single win is given to
the player or players other than a merchandise prize which has a wholesale
1 A.R.S. § 13-3301.
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fair market value of less than four (4) dollars or coupons which are
redeemable only at the place of play and only for a merchandise prize
which has a fair market value of less than four (4) dollars and, regardless
of the number of wins, no aggregate of coupons may be redeemed for a
merchandise prize with a wholesale fair market value of greater than
thirty-five (35) dollars.
Unfortunately, the statutes do not provide guidance as to what type of activity the above statute
is intended to include, but it appears that this exception is intended to apply to games in which
skill rather than chance predominates such as darts, billiards, trivia, etc. As such, we now look to
the “Social Gambling” exclusion2 which is defined as follows:
“Social Gambling” means gambling that is not conducted as a business and that involves players
who compete on equal terms with each other in a gamble if all of the following apply:
(a) No player receives, or becomes entitled to receive, any benefit, directly or
indirectly, other than the player’s winnings from the gamble.
(b) No other person receives or becomes entitled to receive any benefit, directly or
indirectly, from the gambling activity, including benefits of proprietorship, management or
unequal advantage or odds in a series of gambles.
(c) None of the players is under twenty-one years of age.
(d) Players “compete on equal terms with each other in a gamble” when no player
enjoys an advantage over any other player in the gamble under the conditions or rules of the
game or contest.
As indicated, although the statutes provide no examples or real-life guidance, the language of the
statute itself appears to be directed at activities such as poker games or other card games played
between individuals and that are not conducted as a business. When reviewing the Arizona
Department of Gaming’s website it indicates that if players are required to “buy-in” to the game
that would be considered “illegal gambling.” Thus, it is critically important that the host is not
acting in the capacity of the “house,” i.e., the buy-in does not go to the host, but instead goes into
the pot. Basically, if all the money wagered goes back to the participants, the gambling is not
considered “illegal.” Further, one Arizona case interpreted the gambling statutes as being
directed towards “bookmaking” and not applicable to activities such as golf tournaments,
spelling bees, rodeos, track meets, beauty contests, bridge tournaments or other contests which
require an entrance fee.3
RAFFLES
Raffles are only permitted to be conducted by qualifying organizations (notably, non-profit
corporations that have qualified for an exemption from income taxation). TVACA and its Clubs
2 A.R.S. § 13-3302(2).
3 Arizona v. American Holiday Ass’n., 151 Ariz. 312 (1986).
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are not qualifying organizations. Furthermore, a raffle must meet the following criteria: 1) no
member, director officer employee or agent of the organization may receive any direct or indirect
pecuniary benefit other than being able to participate in the raffle on a basis equal to all other
participants; 2) the organization must be at least five years old, and 3) only members of the
organization may participate in the management, sales or operation of the raffle.
BINGO
Unlike some other states, Bingo is heavily regulated in Arizona, and there is no exemption for
non-profit corporations. Rather, any “person” who wishes to hold a bingo game must get prior
written approval from the “licensing authority”- or the City of Peoria and the Arizona
Department of Revenue. See A.R.S. §5-406(A). There are three classes of licenses, : A (to a
person whose gross receipts do not exceed $15,600.00 per year) B (to a qualified organization
whose gross receipts do not exceed $300,000.00 per year and C (to a qualified organization
whose gross receipts exceed $300,000.00 per year. See §5-413.
Class B and C licensees are prohibited from operating or conducting games if the person or their
spouse has any proprietary interest in the outcome of the game or is employed by a corporation
with a proprietary interest in the outcome of the game. Licensees are prohibited from operating
more than 5 days a week. The statute also states that “No more than twelve hours of bingo shall
be conducted in any building or on any premises during any calendar day.”
There are limitations on the use of the net proceeds, and a licensee may not use the proceeds to
compensate directors, officers or management personnel, pay fees/commissions to consultants or
pay counsel to defend the licensee from charges that the licensee violated bingo statutes.
Additionally, donations (other than to parent non-profit organizations) that exceed 5% of net
profits per year are prohibited without the permission of the licensing authority. There are
annual reporting requirements regarding the use of the proceeds. Furthermore, there are
significant limitations on the type and value of available prizes and the conduct of the game.
Equipment for bingo and the premises where the bingo game is held must be available at
all times for inspection by the licensing authority and “peace officers of any political
subdivision of the state”.
Lastly, the statute prohibits “any person” from conducting a lottery or raffle within a twelve hour
period before or after a bingo occasion or game on any premises used for bingo games or within
one thousand feet of any bingo game.”
CHARITABLE GAMBLING
Many clubs and organizations in the county use gambling events (such as “Las Vegas Nights”
and “Texas Hold Em’ Poker Tournaments”) as a way to raise funds for charitable organizations.
However, even charitable gambling is illegal unless it is conducted within a narrowly prescribed
format. In order for charitable gambling to be permissible, the players cannot be required to pay
money or make a donation in order to participate. In other words, even those who do not wish to
donate must have an equal chance to play and win. Likewise, the participants’ ability to wager
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or play cannot depend upon the size of their donations. So, for example, in a charitable poker
tournament, a participant cannot donate more money in order to obtain additional chips.
LIQUOR
A group is required to obtain a “Series 15 Special Event Liquor License” for the charitable
fundraising dinners or other events where it provides alcohol to the members whenever there is a
charge of admission. There is no real distinction between an admittance fee and a donation. In
other words, the key determination made by the governmental regulators is that money is paid by
the attendees to be able to attend the function regardless of whether it is called a donation and
regardless of who receives the funds. The licensing regulations focus on the “sale” of alcohol.
Arizona Revised Statute, § 4-201 provides:
A. A person desiring a license to manufacture, sell or deal in spirituous liquors shall
make application to the director on a form prescribed and furnished by the director.
In terms of obtaining a liquor license, the governing statutes do not make a distinction between
“liquor” and “wine & beer.” A.R.S. § 4-101 (29) defines “Spirituous Liquor” as including:
alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt
liquor or malt beverage, absinthe, a compound or mixture of any of them or of any of
them with any vegetable or other substance, alcohol bitters, bitters containing alcohol,
any liquid mixture or preparation, whether patented or otherwise, which produces
intoxication, fruits preserved in ardent spirits, and beverages containing more than one-
half of one percent of alcohol by volume.
“Special Event” licenses permit charitable, civic, fraternal, political or religious organizations to
sell and serve spirituous liquor for consumption on the premises where the spirituous liquor is
sold, and only for the period authorized on the license. A.R.S. § 4-203.02 provides:
A. The director may, subject to the approval of the board of supervisors of a county
for events to be held in an unincorporated area or the governing body of a city or town for
events to be held in a city or town, issue on a temporary basis:
1. A daily on-sale special event license authorizing the sale of spirituous
liquor for consumption on the premises where sold. The fee for the license is twenty-five dollars
per day.
25DocuSign Envelope ID: B7A175D9-988D-442C-8578-53A2C66D89A0
DECEMBER 2012
ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL (DLLC)
(Attachment #4)
The distribution and sale of alcoholic beverages at Trilogy at Vistancia is controlled and
regulated by the Arizona Department of Liquor Licenses and Control, hence referred to as
“DLLC”. The following is the DLLC policy as it relates to Trilogy at Vistancia Community
Association facilities:
1. Alcoholic beverages may not be served to minors (persons under the age of 21 in
Arizona).
2. It is a violation of Arizona State law to bring your own alcoholic beverage into or onto
the Kiva Club facilities and surrounding property (A.R.S. 4-244 (40)).
3. For special functions at the restaurant, arrangements may only be made with the manager
/ agent of the entity that holds the valid “Series #6” Arizona Liquor License and operates
according to applicable law, including, without limitation, the guidelines set by the Arizona
Department of Liquor Licenses and Control.
4. For special functions elsewhere where liquor is to be sold, the sale of alcohol is managed
by the Lifestyle Director & the Community Association in conformance with applicable law.
26DocuSign Envelope ID: B7A175D9-988D-442C-8578-53A2C66D89A0
NOTES
(Attachment #5)
1. At a minimum, there will be four (4) business meetings conducted each calendar year.
2. Minutes will be taken by the secretary to document all business sessions. Minutes, as
well as other pertinent administrative records, will be retained for a period of three (3) years.
3. Refer to Robert's Rules of Order for assistance in parliamentary procedures. Please note,
however, that stated Bylaw provisions take precedence over Robert's Rules.
4. The following procedures are offered when considering an amendment to Club Bylaws:
a. The Lifestyle Director and/or Director of Resort Operations should review the
proposed amendments prior to submittal to the Club membership.
b. When all requirements have been met, the Lifestyle Director and/or Director of
Resort Operations will approve or disapprove the proposed amendments. If disapproved, a
written explanation will be given.
c. Proposed amendments should be well publicized to the membership, and ample
time provided for review prior to membership vote of approval.
d. Unless specified in the Bylaws, a quorum is considered to be a simple majority of
the entire membership. If changed in the Bylaws, the quorum number will fall between 25% and
a majority of the entire membership.
5. The club's disciplinary procedure shall be in compliance with Section 14 of the Chartered
Club Rules and Regulations, as may be amended from time to time by the Board of Directors.
27DocuSign Envelope ID: B7A175D9-988D-442C-8578-53A2C66D89A0
FORMS