McCulloch-Wagner Post 109

The American Legion

McCulloch-Wagner Post 109

Department of Arizona

15921 S. Houghton Road

 Corona De Tucson, AZ 85641

(520) 762-5652

109 House Rules Reviewed 22 May 2025 PDF
 

HOUSE RULES

Reviewed: 22 May 2025

Rules for Conduct and Use of Buildings, Facilities, and Grounds

The Post Executive Committee welcomes any members, employees, guests, and volunteers to provide suggestions, comments, or concerns related to Post 109 current operations. The Post Executive Committee will give all input due consideration.

The following rules and those that may be appropriately added pertain to all American Legion, American Legion Auxiliary, Sons of the American Legion, and American Legion Riders members, their families, and guests. The term "Post" used in this document refers to all Post 109 buildings, facilities, grounds, and activities in the main and surrounding areas of Post 109.

1. Members and guests will follow all State, County and Local laws. This includes any signage that is posted around the Post.

2. Unless under the influence of alcohol; Post Officers, Bar Manager, Assistant Bar Manager, Bartenders, employees of this Post, and volunteer servers or activity coordinators are to enforce all Post rules in their specific areas and activities.

3. Excessive profane language that causes a disturbance is not allowed while at the Post.

4. No Smoking at any time in prohibited areas where designated "No Smoking" signs are posted. E-cigarettes and smokeless tobacco are not allowed in "No Smoking" areas.

5. Full wearing apparel, including shirts and shoes, will be always worn while at the Post. See-through attire is not allowed unless appropriate undergarments are worn. Nudity is not allowed. No Overly exposing attire. No attire with vulgar or offensive graphics and writing. The on-duty Bartenders’ opinion on this is final.

6. No personal weapons, including knives with blades over 3.75", including sheath knives. Carrying a small common folding pocketknife or defensive spray are not addressed by these rules and are authorized. No lethal weapon of any type, to include concealed weapons (with or without a concealed carry permit), may be brought into any space where liquor can be consumed which includes but is not limited to the Legion Hall or Thunderbird Lounge/Bar facility and/or the designated smoking breezeway areas, and parachute patio area. Concealed weapons include any dirk, metallic knuckles, sling shot, Billy club, stun gun, taser, tear gas gun, chemical weapon, any weapon designed to expel a potentially lethal projectile, or any other deadly weapon carried on or about a person in such a manner as to be concealed from ordinary sight of other people. No Exceptions.

7. Animals shall not enter Post buildings except those animals (dogs or miniature horses only) Certified as Personal Service Animals or those in training. This does not include Emotional Support Animals. All animals brought on Post property must always be on a leash and attended by their owner(s). Owners will be held liable for any damages done by the pet per ARS 11-1024. Animals on a leash (max 4 ft) will not be tethered therefore, the owner must always maintain positive control of the leash.

8. Members/guests will stand if physically able and uncover whenever the National Anthem or The Pledge of Allegiance are played or presented and may render an appropriate salute to the Flag. Failure to do so will result in the member being asked to leave for the day. This rule does not apply to the 7 o’clock toast, America the Beautiful, Service songs, or any other patriotic song.

9. Minors under the age of 18 are not allowed in the Thunderbird Lounge/Bar facility and/or the designated smoking breezeway area after 9:30 PM. The Post Commander has the sole authority to extend this time at the Post. Please Review ARS 4-244 for guidance on Liquor Laws. Parents/guardians and minors will adhere to the following rules:
   1. Minors will always be supervised by their parents, spouse, or responsible adult guardians.
   2. Those under 21 years of age shall not be seated at any Bar of the Post, but only at Lounge area tables.
   3. A member and guest must be a minimum of 21 years of age to purchase and/or consume alcoholic beverages, with no exceptions.
   4. Parents, guardians, or spouses will be reminded to control the conduct of their minor by any Post Officer, Bar Manager, or Bartender upon complaint by other customers. If the situation is not resolved after two requests, the parents, guardians, or spouse will be asked to leave the Post, along with any guest in their party who is not a member of the Legion, Auxiliary, or SAL.

10. No children under the age of 14 are allowed in the kitchen area at any time. For safety reasons this rule will be strictly enforced.

11. All alcohol sales will be cash upon service. All other transactions may be made by check (not to exceed $100) or cash only. This does not apply to hall rentals. No 3^rd party checks will be accepted.

12. No "Games of Chance" for money or drinks will be permitted at any time in the Thunderbird Lounge/Bar facility and/or the designated smoking breezeway area. A "Game of Chance," by law, including consideration (purchase), chance, and prize. This does not preclude raffles conducted by the Post or one of its affiliated organizations for fundraising purposes.

13. In accordance with state law, no alcoholic beverages will be removed from the Post premises at any time. No alcoholic beverages may be brought onto the Post premises at any time. Alcohol may only be consumed in designated areas limited to title 4 permit. A special permit is required to serve alcohol outside of title 4 designated areas and must be sectioned off accordingly.

14. Each member or guest is limited to ordering a total of one (1) liter of wine, four (4) ounces of liquor and Fifty (50) ounces of beer for each transaction. Additional “bar chips” may be present.

15. Only the Bar Manager, Assistant Bar Manager, on-duty Bartender, and necessary personnel authorized by them are permitted behind the bar at any time
    1. Last call will begin no sooner than 9:30pm if less than eight viable patrons are present.
    2. Shift bags/registers will remain open until the expiration of last call.
    3. Should a patron arrive during the last call period (30 minutes), with exception of 1:30am, the register will remain open to accommodate the patrons. If the minimum 8 viable patron rule has been met the last call will then be null and voided

16. The Post is subject to being closed by a majority vote of Executive Committee members present, or due to an emergency as determined by the on-duty Bartender or Bar Manager, i.e. loss of utilities, storms, and the like.

17. Any activities or programs sponsored by the Post, as well as those of any outside group and their participants will be subject to these House Rules. All groups sponsoring said events are responsible for the cleanup of area(s) in which the event was held; encompassing the property in its entirety.

18. Post premises will not be used by members or guests for personal events without, at minimum 24 hr., prior approval from the Post Second-Vice Commander and/or Post Commander. If a member(s) wishes to host a party in the Thunderbird lounge the guidelines must be as followed; prior approval needed, member(s) cannot use confetti or glitter, no reserving of tables and chairs, members cannot use TVs, Mics or the projector, member(s) cannot conduct any games to which items will be hidden throughout the lounge. If a member(s) has been given approval and an unforeseen event should arise, the member(s) may be granted use of the old bar for free if available.

19. No solicitation for personal gain will be allowed on Post property unless under contractor granted permission form the Post Executive Board.

20. Post property will not be used as a “Storage Place” for personal Property.
    1.  Any items left on post property for longer than 7 consecutive days are subject to removal at the owner’s expense.
    2. Items can be stored on post premises up to 14 days upon Commander’s approval.
    3. Items stored over 14 days require Executive Committee approval and completion of a storage waiver. In a one months’ time, member’s items cannot remain on post property more than 7 days in a month.

21. An Executive Committee approved agent will control and schedule all rental activities and commissary agreements based on the Hall Rental Contract approved by the Executive Board.

22. Once presented/requested by the Bar Manager and Kitchen Manager, the House Committee shall be the initial approving authority for all changes to drink and food prices in the Thunderbird Lounge/Bar facility and/or the designated smoking breezeway and breakfast prices in the Dining Room. The House Committee will present the changes to the Executive Committee who will have final approval authority over all Post Thunderbird Lounge/Bar facility and/or the designated smoking breezeway drink and food and Dining Room breakfast prices.

23. All paid staff will not drink Alcohol or take Narcotics 4 hours prior to coming on duty or while on duty. On-duty Bartenders will not receive "bar chips" from patrons as "tips". Monetary tips will be kept in the appropriate container(s) at the bar.

24. Lessons from the current "Arizona Liquor Law & Alcohol Training Program" are hereby incorporated into this document. The Bar Manager and Assistant Bar Manager will see that such current lessons and a copy of these House Rules are available to on-duty Bartenders and kept in the back-bar area for immediate reference.

25. A member or guest must provide verification of current membership or identification when requested by any of the following: on-duty Bartender, Bar Manager, Assistant Bar Manager or Post Officers. The Post will allow members of other recognized Veterans Organizations and Active-duty military members as non-sponsored guests. Drinks will only be sold to paid-up members of the American Legion and their bona-fide guests. To clarify, a bona- fide guest is an individual whose person and character are known to the sponsoring member. Active-Duty personnel are allowed into the Thunderbird Lounge/Bar facility and/or the designated smoking breezeway area as a non-sponsored guest three (3) times. However, if they return more than 3 times, they need to become a member. Bona-fide guests will be sponsored onto Post property by the sponsoring member. All guests must depart when the sponsoring member leaves. The sponsor is held liable for the conduct of their guest; however, a non-member who causes a disturbance will be automatically barred from the Post until such time the House Committee has decided upon the appropriate action. Incident Reports will also be completed to document any reference only, accidents or injuries that occur to employees, volunteers, members, and guests. Those Incident Reports will be provided to the House Rules Committee and Executive Committee for possible action.

26. Incident Reports related to violations of the House Rules will be provided to the House Committee for review within 72 hours of the incident. Based on the facts and nature of the violation, the House Committee may launch an investigation. The House Committee may recommend a temporary suspension while conducting the associated investigation.

27. In cases of potential DUI of a customer, the Bartender will try and get the customer to find an alternate means of departure (i.e. designated driver or cab service). As previously stated, all incidents will be documented prior to the Bartender leaving their shift. The Guidelines of the Arizona Liquor Control Board will be used by bar staff, unless lawfully modified by this document. Should the on-duty bartender feel a patron is too intoxicated to drive and they refuse to acquire alternate means of transportation, law enforcement should be contacted, and an incident report will be written on that person.

28. On-duty Bartenders and Post Officers will ensure all persons at the Post conduct themselves in accordance with these House Rules. Any person(s) not abiding by the rules may be asked to leave. The Bartender(s) and Post Officer shall have authority to refuse service to any person in violation of House Rules, any other member shall refer recommendations to refuse service to the Bartender for action. Any person refused service will not be served for the remainder of the day in which service was denied. Post Officers are not exempt from disciplinary action. When reasonable and normal procedures prove ineffective to remove offending individual(s) is a call for outside assistance from area Law Enforcement to be requested. The State Liquor Control Board must be notified within 72 hours of the time any incident has commenced and Law Enforcement authorities were contacted to quell a disturbance. After the incident, the bartender will complete an incident repot and contact Post leadership.

29. The House Committee will take the following steps when House Rules are violated, and an Incident Report is presented to them:
    1. Determine the situation that has occurred and whether further action should be taken.
    2. The House Committee will schedule a meeting with all involved parties. It is important that all people are interviewed separately, and that a record of each interview is kept.
    3. After all facts have been gathered and interviews are complete, determine appropriate course of action using the guidelines of these House Rules.
    4. Present the findings and House Committee recommendations to the Executive Committee.

30. When a charge has been filed against another member of this Post, persons named in the Incident Report shall receive copies of all pertinent documents promptly and receive them in a timely manner upon request.

31. The Executive Committee will review the House Committee’s recommendations. They may concur with the recommendations, suspend the recommendations, or decide on another form of punishment. If the House Committee recommends restricting or revoking the privileges of members or guests and the Executive Committee accepts those recommendations, the person(s) will be notified by Registered Mail. Copies will be given to the Bar Manager, Assistant Bar Manager, and to the member's Post, Squadron, or Unit. All related documentation will be retained in the House Committee files for a minimum of 24 months

32. A member that is suspended from the Post may not be present at the Post except for to attend Post monthly meetings and must depart immediately at the closure of the meeting. At no time during a member’s suspension may they consume alcohol on Post property. A member is identified as any member of The American Legion, American Legion Auxiliary, or Sons of the American Legion.

33. If a member desires to appeal their suspension, they must present a written request to the Executive Committee within ten business days of receiving notification of their suspension. The Executive Committee will then schedule a hearing within fifteen business days after receiving the appeal request. The Executive Committee will meet with the member and then deliberate on the appeal. The member will be notified within five business days of the appeal meeting of the Executive Committees decision

34. If the appeal is denied, the member may attend a monthly Post American Legion meeting and during the unfinished business portion of the meeting request that vote to overturn the suspension. If the suspension is overturned, the member’s eligibility is immediately restored.

35. Violations and Offenses as followed:
    1. Minor violations: A minor violation is defined as any violation of House Rules not categorized as a major offense. Also falling under this definition is behavior that includes vocally inciting other patron(s) into a position where they resort to verbal outbursts and conduct unbecoming of a Legionnaire. All minor violations, perceived minor violations, or potential minor violations of House Rules need to be dealt with at the lowest level possible. The first step is an “on the spot correction” by the on-duty Bartender or a Post Officer. If the individual is confronted about a situation and continues to violate House Rules or becomes belligerent, the next step is a written Incident Report that the House Committee will review for possible investigation. The following penalties may apply to an individual determined as having committed a minor violation:
       1. Verbal or written warning or probation. Probation will be monitored by the House Committee who may suggest the Executive Committee take additional action.
       2. Suspension of Post property privileges for a specific period but limited to less than one year as recommended by the House Committee and approved by the Executive Committee.
    2. Major Violations:
       1. Any act of physical violence that results in or could have resulted in injury to persons on Post property or damage to Post property.
       2. Any act of intentional and/or malicious damage to Post property or personal property on Post premises.
       3. Any act or contribution to such an act that could potentially result in legal liabilities to the Post and/or its members, (Inclusive of any violation of State or Federal law, and statutes governing sexual harassment).
       4. Any violation of the rules banning concealed/lethal weapons inside any space within Post 109 where alcohol is allowed.
       5. Theft including but not limited to the unauthorized taking or giving away: currency or Legal tender; any Thunderbird Lounge/Bar facility and/or the designated smoking breezeway or Post property; consumables from the kitchen or Thunderbird Lounge/Bar facility and/or the designated smoking breezeway; beverages or meals without paying for them.
       6. Intentional unlawful threats by word or act to do violence to a Post member, guest of a Post member or employee.
       7. Sexual Harassment and Racial Harassment; Unlawful harassment includes, but is not limited to, epithets; slurs; jokes; pranks; innuendo; comments; written or graphic material; stereotyping; or other threatening, hostile, or intimidating acts based on race, color, ancestry, national origin, gender, sex, sexual orientation, marital status, religion, age, disability, veteran status, or another characteristic protected by state or federal law.
       8. The following penalties may apply to an individual determined as having committed a major violation as deemed by the House and Rules Committee:
          1. First Offence - Minimum one year suspension from Post property except to attend monthly Post meetings. Followed by two-year probation. Any offense that is committed involving a concealed or deadly weapon of any kind will be treated as stated in (ii) below in addition to any state weapons violations imposed by the State of Arizona.
          2. Second Offense – Permanent ban from Post property except to attend monthly meetings
          3. Failure to reimburse Post 109 for damages within the specified time frame shall result in indefinite suspension.
36. House safety and security policies:
    1. No one shall be permitted inside Thunderbird lounge while the post is closed during non-business hours, but may exclude on duty bartender/s, bar/kitchen manager, assistant bar manager, on duty staff/security. This can exclude any Post 109 American Legion member who has probable cause, but still requires permission from Post Commander and/or Post Sgt at Arms
    2. Unless given prior approval by the Sgt at Arms and/or the Post Commander, no individuals will be permitted in the Thunderbird Lounge outside of operating hours with exception of the Finance Officer and Managers.
    3. Post Chain of Command (Commander, 1^st Vice, 2^nd Vice, and Sgt at Arms) will have full camera access and the authority to grant review as needed.
    4. The Post’s administrative office is to only be used for official Post business and will not be used for personal storage.

37. Paid Staff includes the Bar Manager, Bartenders, and Kitchen Manager. All employees are considered part-time in accordance with Arizona and Federal employment statutes.
    1. Pay will be determined in accordance with Federal and State Laws and Regulations.
    2. At no time will an employee exceed thirty-two hours per week on duty. If an exception needs to occur, prior approval by the Post Commander is required.
    3. All managers will be provided with an annual performance review by the Post Adjutant and House Committee Chair. The managers will provide yearly performance appraisals to all employees under their supervision. Performance appraisals can be more frequent if required by managers at their discretion.