Post 455 Stewartstown PA

                                BY-LAWS

                                                                                         OF

                                                                              STEWART POST

                                                                          HOME ASSOCIATION

 

ARTICLE I – TITLE, PURPOSE AND LOCATION

Section 1. The title of the Corporation is STEWART POST HOME ASSOCIATION (HA)

Section 2. The HA is operated for the following purposes:

  • Promoting the social welfare of the community.
  • Assisting needy and disabled veterans, widows or orphans of deceased veterans.
  • Providing entertainment, care and assistance to hospitalized veterans or members of the Armed Forces of the United States;
  • Perpetuating the memory of veterans and comforting their survivors.
  • Conducting programs for religious, charitable, scientific, literary or educational purposes.
  • Sponsoring or participating in patriotic activities.
  • Providing insurance benefits to members or members dependents.
  • Providing social and recreational activities for members.

The location of its principal office is located at 19222 Barrens Road South, Stewartstown, Hopewell Township, York County, PA 17363

 

ARTICLE II - OFFICERS

Section 1. The officers of the HA shall be as follows and constitute the Board of Directors of the HA:

  • President, functions as the Chairman of the Board of Directors
  • Vice President
  • Secretary
  • Treasurer
  • Two (2) Trustees

Section 2. All said officers, except for the Trustees, shall be appointed by the President for a period of one (1) year or until their successors are appointed and duly qualified.

Section 3. The officers, including the Trustees, shall be nominated at the regularly scheduled.   Home Association meeting in the month of June of each year and commence their position beginning July 1st.

Section 4. The Term of Trustees shall be as follows:

  • Beginning with the annual meeting in 1948, three trustees shall be appointed for a period of two (2) years;
  • One for a period of one (1) year;
  • One for a period of two (2) years;
  • Thereafter, one Trustee shall be appointed annually to serve for a period of two years.

Section 5. Only those members, who are legionnaires in good standing of the Post 455, may have voting rights or hold a position as an officer in the HA.

 

ARTICLE III - MEETINGS

Section 1.  Regular meetings of the HA shall be held on the first Thursday (1st) of each month.

Section 2   Special meetings shall be called by the President when he or she deems it advisable. Each member will be contacted at least forty-eight (48) hours prior to the meeting. The notification will specify the date, time and location of the meeting.

Section 3. Special meetings can also be called on the request of ten (10) members of the HA or a majority of the officers of the HA.

Section 4. Each eligible member is entitled to one (1) vote at any meeting of the HA and five (5) members shall constitute a quorum for the transaction of business.

Section 5. The HA must maintain separate minutes and records from the Legion Post of all regularly scheduled and special meetings and make clear that all actions being taken are NOT actions of the Legion Post.

 

ARTICLE IV - MEMBERSHIP

Section 1. Any member in good standing of American Legion Post 455 shall be a member of the HA.

Section 2. Candidates not eligible for American Legion membership will be considered for a Social  Membership.

  •     Social members will not have a vote in the HA but may be entitled to attend any of the meetings.
  •     All Social Members will be subject to the House Rules and Penalties thereof.

Section 3. All applications for Social Membership will be presented for discussion and vote at a regularly scheduled monthly meeting of the HA.

  •     The written application must be fully completed, and the Post membership committee will conduct an investigation.
  •     The American Legion Member sponsoring the applicant must be at the meeting for discussion and vote on membership in the HA.
  •     Three negative votes disqualify a candidate for membership in the HA.

Section 4. Dues

  •    The annual Dues of the Social member will not be more than fifty percent (50%) higher than that of egular Legionnaires dues.
  •    Dues are due by the 31st of December of each year for the succeeding year.
  •    A Social Member whose dues for the current year have not been paid by January 1st shall be classified as delinquent.
  •    If his or her dues have not been received by February 1st he or she shall be suspended from all privileges.
  •   Any Social Member whose privileges have been suspended must reapply per Section III above.

Section 5. Guests:

  •   A bona fide guest is an individual who is a nonmember accompanying a member in good standing.
  •   Members in good standing are responsible for signing in all guests in the logbook provided.
  •   Members, in good standing, are responsible for paying all purchases of food, drink, etc. by their guest.

 

ARTICLE V - BOARD OF DIRECTORS

Section 1. The Officers of the HA shall be known as the Board of Directors.

  •       The Board of Directors will meet at least once a month at the office of the HA one week prior to the HA meeting.
  •       The Board of Directors will be presided over by the President of the HA acting as the Chairman of the Board.

Section 2. The Board of Directors will

  •       Have charge of the building and contents thereof and operations therein and other matters incident to the duties of such a committee and shall be subject to the direction of Post 455 Executive Committee.
  •       Be responsible for the lease arrangement between the HA and the Post Executive Committee.  The lease arrangement should provide for a transfer of monies from the HA and Post 455 Executive Committee for the good of the Legion.
  •      Be responsible for monitoring insurance coverage for liquor liability, fire and casualty policies.
  •      Assume all responsibility in case of any legal problems that may arise.
  •      Be authorized to spend up to $2500 dollars for a single purchase or repair without membership approval to carry out canteen operations. All expenditures must be in writing and paid by check with two authorized signatures.

Section 3. Special meetings of the Board of Directors may be called by the President on one days notice to each board member or on request in writing by a majority of the members of the board.

 

ARTICLE VI - DUTIES OF THE OFFICERS

Section 1. It shall be the duty of the President to preside at all meetings of the HA, and:

  •       To see that all orders and resolutions of the same are carried into effect.
  •       To sign all checks in conjunction with the Treasurer.
  •       To Execute all contract agreements, deeds of conveyance or any other instruments necessary to transfer or convey property of the Home Association.
  •       Shall be EX-offico a member of all standing committees.

Section 2. It shall be the duty of the Vice President to preside at all meetings and assume the duties of the President when the President is unable to attend to his/her duties.

Section 3. The Secretary shall perform all clerical services for the HA and all duties generally incident to such office.  He or she will have control of and affix the seal of the Corporation to any instruments for which same shall be necessary.

Section 4. The Treasurer shall counter-sign all checks and have charge of the financial matters of the HA, and:

  •       Pay bills that are authorized at the regular meetings.
  •       Attend to such duties as are generally incident to such office.
  •       Give bond in an amount satisfactory to the Board of Directors.
  •       Maintain all pertinent information pertaining to this office for a period of no less than five (5) years.

 

ARTICLE VII - RESIGNATIONS AND VACANCIES

Section 1. Any vacancies due to resignation or otherwise by any officer of the HA shall be filled by the Board of Directors until the next annual election.

Section 2. All resignations of the officers of the HA must be presented in writing to the Secretary.

 

ARTICLE VIII - COMMITTEES

Section 1. Audit Committee:

  • The President shall, on the first meeting night after his or her election, announce the appointment of a committee consisting of three (3) members as an Audit Committee.
  • Their assignment will be the audit of the accounts of the Treasurer and to examine all personal property of the HA in the hands of the Trustees and the Board of Directors.
  • The Audit Committee will report in writing their findings to the Treasurer.
  • Their report is due no later than the second (2nd) meeting subsequent to their appointment.

Section 2. House Committee.  The House Committee will

     Have charge of the building and contents thereof and operations therein as they pertain to the HA and  shall be subject to the direction of the Board of Directors and the Post 455 Executive Committee.

  • Be responsible for the lease arrangement between the HA and the Post 455 Executive Committee.  The lease arrangement should provide for a transfer of monies from the HA to Post 455.
  • Be responsible for monitoring insurance coverage for liquor liability, fire, and casualty policies.
  • Assume all responsibility in case of legal problems that may arise.

 

ARTICLE IX - OPERATIONS

Section 1. Lease Agreement:

Since the real estate in which the HA operates is not owned by the HA a written arrangement between the Post and the HA for use of the Post property must be created. The operating agreement between the HA and the American Legion Post #455 shall be as follows:

  • The HA shall pay a weekly fee of $500.00.
  • The HA shall pay the Liquor License fee, the Liquor Liability Insurance, and Board of Directors Liability Insurance.

Section 2.  Unrelated Business Income Tax.

Care must be taken so that activities of the HA are not categorized as Unrelated Business Income (UBI). Business activities that are regularly scheduled or conducted with the public for the purpose of generating income may not exceed one thousand dollars ($1,000.00) of the gross receipts of the Home Association.

The HA is organized and structured with Internal Revenue Code regulations in mind under its catering club license.

Section 3. Limitations on the Service of Alcohol.

The HA as defined in Section 461.1 of the Liquor Code (47 P.S. S4- 461), is permitted to sell liquor or malt or brewed beverages to any active member of another unit which is chartered by the same national veteran’s organization, or any member of a nationally chartered auxiliary associated with the same national veteran’s organization.

Section 461.1 of the Liquor Code defines an affiliated organization as a home association, auxiliary, “sons of”, or similar organization that is directly affiliated with an incorporated Unit or a national veteran’s organization.

However, the term “active member” does not include a social member. Because of this, social members of other HAs do not have the same rights and privileges as an active member of a particular HA and, therefore, cannot purchase alcoholic beverages at another HA. Individuals that are active members of an auxiliary or “sons of” chartered by a national veteran’s organization or a nationally chartered auxiliary associated with the same national veteran’s organization may be sold liquor and malt or brewed beverages by a HA.

Since the American Legion has only one (1) class of membership, a HA may sell alcoholic beverages to any American Legion member. The American Legion Auxiliary being a nationally chartered auxiliary associated with the American Legion, the Home Association may legally sell alcoholic beverages to any member of it. The same applies to any “squadron of the sons” of the American Legion. Of course, alcoholic beverages may only be sold to those twenty- one (21) years of age or older.

As a caveat, to section 5.81 of the P.L.C.B. Regulations states that have a club licensee shall adhere to the provisions of its constitution and by-laws. (40 Pa. Code 5.81). As such, should the by-laws of the HA prohibit sales to other than Home Association members such provisions must be observed.  OPN 2005-387-OPN05-387, Alcohlic Beverage Service by HA.

 

ARTICLE X – EXPLUSION

Section 1.   The Board of Directors shall have the Authority to suspend or expel any HA member from all privileges afforded by Stewart Post 455 for any matters of conduct that may endanger or impede the welfare, character or other concern of all the members at large. Such suspensions or expulsions shall occur for those who willfully violate the by-laws and/or regulations of the Board of Directors. Any member so suspended or expelled, upon written request within (5) days of suspension or expulsion, will have his or her case reviewed by the Board of Directors to prove his or her innocence. The Board of Directors, by two-thirds of its members voting favorably, may revoke such a suspension or expulsion.

The member, at the time of the incident, will be suspended from all privileges of the Post by the President or his or her representative for the remainder of the business day. Any further disciplinary action will be addressed under Section 2 of this Article.

Section 2.  Minor infractions (e.g., drunkenness, overly boisterous behavior, etc.) by a member shall result in a (30) day suspension. After (2) such thirty (30) day suspensions, a third such incident/suspension shall result in permanent expulsion from all Post 455 functions/facilities and the offender’s membership shall be cancelled.

 A major infraction (e.g., threatening a fellow member, fighting/aggression with a fellow member, brandishing a weapon, thievery, etc.) shall result in a decision by the Board of Directors to immediately suspend the member permanently and cancel his or her membership.

 

ARTICLE XI - AMENDMENTS TO BY-LAWS

Section 1.  Any proposed amendment to the by-laws shall be submitted in writing to the President signed by not less than five (5) members of the HA.

Section 2.  The Secretary will post the proposed changes on the Post Official Announcement Board at least five (5) days before either the next regular scheduled meeting or a special meeting as may be called for the proposed amendment.

Section 3.  No amendment shall be passed without a two thirds (2/3) vote of the members present at any regular or special meeting.

 

Revised and approved by the membership vote on October 5th, 2023.

 

Signed by:  _____________________________________    DATE: __________________

                     Kenton Kurtz, Commander.