1. (a) Each holder of a private club registration permit operating under a pool system that requires each member of the pool to participate equally in the purchase and replacement of alcoholic beverages shall purchase all such alcoholic beverages with money assessed and collected in advance from each member equally. The assessment fee must be initially set by the club's by-laws or governing body and may be increased or decreased as needed by the club's governing body. Any increase or decrease in the assessment fee must be approved by the governing body and recorded in the club's minutes before the fee can be changed. No money from any other source may be used to purchase or replace alcoholic beverages purchased for use under a pool equal assessment system.
2. (b) The holder of a private club registration permit may elect to operate under a pool replacement system by which a designated percentage of daily service charges collected for the service of alcoholic beverages is set aside to replace alcoholic beverages served to club members and their guests, and to temporary membership card holders. The percentage must initially be set by the club's by-laws or governing body and may be increased or decreased as needed by the club's governing body. Any increase or decrease in the percentage must be approved by the governing body and recorded in the club's minutes before the percentage can be changed. No money from any other source may be used to purchase or replace alcoholic beverages purchased for use under a pool replacement system.
3. (c) Each holder of a private club registration permit operating under the pool system using either equal assessments or a replacement percentage shall prepare a record showing separately the pool assessments or replacement funds collected from the membership and the disbursements of these collections for purchases of alcoholic beverages.
4. (d) The holder of a private club registration permit or a private club exemption certificate permit may purchase wine only from the holder of a local distributor's permit.

Source Note:The provisions of this §41.51 adopted to be effective January 1, 1976; amended to be effective August 18, 2016, 41 TexReg 6002.