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American Legion Post 853

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The American Legion
Borrego Springs
Post 853
House Committee Rules
&
Codes of Conduct


OBJECTIVE
In general, provides guidance for operations issues. This is a committee comprised of a member from each Legion family (TAL, ALA, SAL), a representative from the Bargain Barn, the Bingo Manager, the Camp Manager / Host, and the Facilities Manager.
The following is from the Post Officers Guide:
The House Committee supervises the post’s physical facilities, such as a clubroom, American Legion center, meeting room, etc. Responsibilities include administration, equipment, and the hiring and direction of employees (as authorized by the post executive committee), and general rules applicable to the conduct of members while on the post’s premises.

DEFINITIONS
1. Post: All property including facilities, parking areas, buildings, building contents and grounds located at 4515 Borrego Springs Road, Borrego Springs, CA 92004.
2. Post Home: The Post quarters and the equipment contained therein.
3. Bar: The bar area (which includes the inside main bar, the buddy bar, the clubroom, and social room) and any designated area on the property that serves beverages.
4. Bar Manager: The Bar Manager will oversee and be responsible for the Bar. The Bar Manager reports to the House Committee.
5. Executive Board Committee: The Executive Board Committee shall be the decision-making governing body of the Post Home. (See BY-LAWS OF BORREGO SPRINGS POST 853 Article IX)
6. Facility: The Facility is all structures on Post property.
7. Member: “Member” as applied to the House Rules, shall mean any Legionnaire, Auxiliary, Sons of the American Legion (TAL, ALA, SAL) in good standing of Post 853. A member in good standing is defined as one who has paid his/her annual dues by 1 January of the applicable year.
8. Guest Member: A Guest Member is defined as any American Legion Member (TAL, ALA, SAL) in good standing from any post or other veteran’s organization.
9. Special Guest: Any person serving on active duty in (or retired from) the United States Military or Reserve who can show proper identification.
10. Guest(s): A Guest is anyone who is not a member of Post 853 or another American Legion Post. (See Section 4)
11. Minors: Anyone under the age of 21 years old.
12. Person In Charge: The Person in Charge (a.k.a. PIC) is the Bartender-on-duty who reports to the Bar Manager.

BAR & HOUSE CODE OF CONDUCT
1. APPLICATION:

1.1. All persons in or on Post Property are governed by the House Rules and ignorance of these Rules will not be a cause for exception. A current copy of these “House Rules and Codes of Conduct” will always be available in the Bar.

2. DRESS CODE: The Dress Code will be enforced by the Person-In-Charge (PIC).
2.1. Cutoffs, shorts, sandals, tank tops are acceptable attire on all Post Property. Undergarments worn as outer garments are prohibited. No bathing suits. No short-shorts (where the buttocks is exposed) and no tube tops. No see-
through attire is allowed unless worn with appropriate undergarment. If other proper dress is requested for a special function, the people responsible for that function are responsible for publishing fliers or other publications concerning the event.

3. CONDUCT:
3.1. Any person may be refused service at any bar on Post property and instructed to vacate Post property upon commission of any act deemed inappropriate under the guidelines of these “House Rules and Regulations.” The infractions include but are not limited to:
a. Fighting (to include provoking, instigating, or inciting a fight).
b. Any unacceptable behavior.
c. Any illegal use of a controlled substance.
d. Any socially unacceptable act which belittles, degrades, or infringes on the rights or character of another individual, including the use of offensive, foul, or derogatory language.
e. Any act which is immoral or not acceptable in public as deemed by the PIC.
3.2. Any responsible Post Member(s) may assist in the enforcement of the “House Rules and Codes of Conduct” when assistance is requested by the PIC. An Incident Report will be filled out completely by the PIC and signed by the PIC; all others assisting the PIC shall make written statements. The person(s) violating these “House Rules and Codes of Conduct” may be refused service for the remainder of the day plus an additional twenty-four (24) hour period by the PIC. The PIC will notify the Bar Manager of the
incident and service refusal period. No Post Member has the authority to overrule the decision of the PIC. The report will be turned over to the Bar Manager who will forward it to the House Committee Chairman for investigation. The Bar Manager may extend the period up to an additional seventy-two (72) hours. If further action is required, it will be documented and delivered to the individual(s) involved.
3.3. The Bar Manager has the right to bar a member or guest until the next regularly scheduled Executive Committee Meeting.
3.4. Following from the U.S. Code regulating The American Legion:
Title 36, Ch. 217, Section 21706. Political Activities: The corporation shall be nonpolitical and may not promote the candidacy of an individual seeking public office.
Following is from the Constitution:
Article II. Section 2. The American Legion shall be absolutely nonpolitical and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public office or preferment.

4. GUEST(S):
4.1. A Post Member in good standing must sign in all sponsored Guest(s) prior to participating in any Post event(s) on Post Property. The Member who registers the Guest(s) will be responsible for that Guest(s) and their actions while on Post Property.
4.2. All Guests must vacate the Post Property when their Sponsor leaves the Post Property.
4.3. Guests who are eligible for membership in any of the three (3) venues of Membership cannot be invited on to the Post Property more than four (4) times in one calendar year.
4.4. Any Member or Guest(s) violating these Rules will be refused service and asked to leave the Post Property.
4.5. Members are limited to sponsoring five (5) Guests per visit.
4.6.
CA – ABC Section 23453(c): A bona fide member of a veterans’ organization, bona fide guest, active duty or reserve member of the Armed Forces, or veteran is not required to sign into a roster before purchasing or being served alcoholic beverages for consumption.

5. MINORS:
5.1. Minors (under the age of 21), must be accompanied by a responsible adult and under the direct supervision of that adult while on Post Property. Should there be a lack of supervision or a disruption, the responsible adult will be asked to remove the minor from the Post Property. (An Incident Report will be written up).
5.2. Minors will not sit or stand at any Post bar at any time.
5.3. Minors are not permitted to use any form of tobacco products on Post Property.
5.4. No person(s) under the LEGAL AGE of 21 will be allowed to purchase, consume, or compete for a prize of any form of Alcoholic beverage on Post Property.

6. CONSUMPTION OF BEVERAGES:
6.1. NO alcoholic beverages will be brought on or taken off the Post Home at any time unless for the purpose of Fund Raising and is removed from the property immediately following the event.
6.2.  Beverages acquired elsewhere will not be allowed for consumption within the defined boundaries on Post Property.
6.3. NO alcoholic beverages will be consumed behind any of the Post bars.

7.  HOUSE COMMITTEE:
7.1. The House Committee is charged with the maintenance and upkeep requirements of the Post Home Facility and Property. House committee members will accomplish routine walk around inspections of the Post Home and its property and document items that need repair to enhance its appearance and operations. Members of the House Committee may be tasked with obtaining estimates and providing oversight to ensure work is accomplished properly and to the Post expected standards. Expenditure of funds, other than routine purchases necessary for maintaining the facility and property and those for bona-fide emergencies, shall be referred to the Executive Board Committee for approval prior to action. The House Committee Chairperson will provide a listing with details, recommended priority, expected cost and source of repair to the Executive Board Committee so it can be reviewed at the Executive Board Committee Meetings.

8. PERSON IN CHARGE:
8.1. The PIC will be responsible for enforcing all “House Rules and Codes of Conduct” and is required to verify the membership status of any individual.
8.2. The PIC has the authority and duty to refuse service to any person who is violating the “House Rules and Codes of Conduct.”
8.3. Post Officers, Executive Board Committee Members, House Committee Members, or Post Members do not have the authority to overrule the decision of the PIC.
8.4. Members have the right to SUGGEST or recommend service be denied to an individual whom in their opinion is in violation of the “House Rules and Codes of Conduct.” Only the PIC has the sole authority to deny service to any individual.
8.5 .The PIC is authorized and has the duty to call 911 for assistance with any emergency whether it is medical, fire, or physical violence pertaining to incidents on Post Property.
8.6. Every Member and Post Officer has the duty to assist the PIC in enforcing the “House Rules and Codes of Conduct” if they are directly requested to do so by the PIC.
8.7.  The PIC is NOT allowed to start their shift if they are suspected of being intoxicated or under the influence of alcohol or a controlled substance. Additionally, the PIC is prohibited from consuming any alcohol or controlled substances while on duty. Bartenders are prohibited from going behind the bar and serving members once they have consumed alcohol.
8.8. The PIC will comply with all the “House Rules and Codes of Conduct” as well as all local, county, and state regulations pertaining to the operation of the Post Bar. Each PIC will start each shift with a new bank bag. The PIC
will Z-out / X-out at the end of their shift. All tapes will be placed with the daily bank bags for reconciliation. Absolutely no funds will be removed from the premises other than tips earned by the PIC(s) while on shift.
8.9.  All PIC(s) will be provided a copy of these “House Rules and Codes of Conduct” and will acknowledge receipt of the “House Rules and Codes of Conduct” by their signature and date that they received these “House Rules and Codes of Conduct.” By providing their signature, the PICs acknowledge that they fully understand the “House Rules and Codes of Conduct” as well as comprehend their duty and authority to enforce the “House Rules and Codes of Conduct.”

9. ANIMALS ON THE PROPERTY:
9.1.Animals are not allowed inside the Post Facility or on the Patio. The “Sole Exception” to this Rule is specially trained Dogs (and any other animals which are recognized under the “Americans with Disabilities Act” (ADA)) which have been assigned to assist a physically handicapped person. Pets are allowed on the Post Property if they are on a leash and are under the direct control of their owners.

10. MEMBER RIGHTS:
10.1. A member who is the subject of an incident report has the right to attend the next regularly scheduled Executive Board Committee Meeting to contest the charges and will be notified of that right by the Post Adjutant or Judge
Advocate. (See BY-LAWS OF BORREGO SPRINGS POST 853 Article XVI)
OFFENSE
RECOMMENDED
TIME BARRED
Use of profanity or obscenities
24 Hours
Intoxication
24 Hours
Minor disagreement or confrontations
24 Hours
Intentional purchasing of alcoholic beverages for a customer who has been refused service
30 days
Major disagreements or confrontations
30-45 Days
Physical Confrontations
90-120 Days
Possession of a weapon or threat of the use of a weapon on Post Premises
1 Year – To be reviewed annually
Possession of use of illegal drugs on Post Premises
1 Year – To be reviewed annually
Purchasing a drink for a minor
1 Year – To be reviewed annually
Lewd, indecent sexual misconduct
1 Year – To be reviewed annually
Theft
1 Year – To be reviewed annually
EFFECTIVE DATE:
a. The “House Committee” has recommended and submitted these “House Rules
and Codes of Conduct” to the Executive Board Committee for approval.
b. These “House Rules and Codes of Conduct” will remain in effect until they
are revoked or revised via due process.
Effective Adoption Date: September 21, 2023
Submitted: (signature on file)
James Keith - House Committee Chairperson
Approved: (signature on file) Dale Jones - Post 853 Commander
Atteste: (signature on file)
Harry Jones - Post 853 Adjutant