New Mexico Elks Association - Membership and Lodge Operations

New Mexico Elks Association 6/17/2025 New Mexico Elks Association 1

Membership has its privileges 1980s AMEX commercial 6/17/2025 New Mexico Elks Association 2

Section 14.130 of the Grand Lodge Statutes is intended to clarify and strengthen the position that an Elks Lodge home or club facilities, which includes, swimming pools, dining facilities, golf courses, leased dining facilities owned and operated by the Lodge or a Lodge or Club Corporation, are limited to members, their spouses and their guests. The Lodge is a private, Fraternal Order, not open to the general public. 6/17/2025 New Mexico Elks Association 3

The Lodge does not offer any of its services or activities to the general public, but only to its members and their guests. The Lodge is not a business or commercial enterprise which offers goods or services to the general public. The Lodge is a non-profit organization and as such, does not operate to create monetary profits. The Lodge must, however, comply with all federal, state and local laws and regulations that apply to its operation, and must comply with the Elks Constitution, Statutes and Ritual. 6/17/2025 New Mexico Elks Association 4

Article 1, Section 1, Constitution of the Benevolent and Protective Order of Elks: This Constitution, the Statutes enacted by the Grand Lodge not in conflict therewith, and the Ritual, shall be the Supreme Law of the Order. In many cases, we must also examine federal, state and local laws and regulations to insure we are in compliance with all. 6/17/2025 New Mexico Elks Association 5

In several cases, it has been held that "Elks Clubs" (Lodges) are "places of public accommodation"; and therefore, cannot be selective in membership requirements. However, the most frequently used, and the approach which has been most successful for the opposition, has been: "You have been regularly providing food, drink, and other services to the general public; therefore, you are obviously a "place of public accommodation. Places of public accommodation give rise to concern for membership restrictions, insurance liability, taxing restrictions and personal law suit. 6/17/2025 New Mexico Elks Association 6

Lodges that do not comply with the requirements of Section 14.130, Laws of the Order, as amended, are inviting litigation and possible action by local agencies including licensing, taxing and civil rights authorities. Should there be a final judicial determination that a Lodge is a "place of public accommodation" because of its refusal to restrict the use of its facilities as intended by Section 14.130, consideration will be given to the revocation of its Charter. 6/17/2025 New Mexico Elks Association 7

Subject to state and local laws, the use of the Home or Club facilities shall be limited to Members in good standing in the Order, their spouses and guests of Members, and those receiving Identification Cards under Section 14.140, as provided in the House Rules, so as to preserve the privacy of the use of such facilities to the Members of the Order. Local Lodges shall take appropriate action to conform to the provisions of this Section. 6/17/2025 New Mexico Elks Association 8

Seems like a simple question; but lets look at the Grand Lodge definition: Section 1.090. Member of the Order: A duly elected applicant for membership in the Order who has been initiated under the authorized ritual and is in good standing in the Order. 6/17/2025 New Mexico Elks Association 9

Section 14.130, Opinion 08: The word spouse as used herein shall be defined by the law of the state in which the Lodge is located. In New Mexico and Texas, a spouse is either party to a legal marriage. 6/17/2025 New Mexico Elks Association 10

Section 14.140: A Lodge may issue without charge, identification cards for use of its facilities only upon the written request of any Member in good standing to: A spouse of a Member. An unmarried widow or widower of a deceased Member. A child or stepchild, under the age of twenty-one (21), of a Member or deceased Member. But there are conditions ! 6/17/2025 New Mexico Elks Association 11

Opinion 02: The privileges connected with the identification cards mentioned may be restricted by House Rules or By-Laws Opinion 06: There must be a House Rule permitting the holder of an identification card to enter a Lodge without being signed in by a Member. An identification card does not itself permit the holder to purchase goods or services in or from the Lodge. Very Important! This means that there must be a provision in the House Rules allowing the bearer of an identification card to purchase goods or services from the Lodge! 6/17/2025 New Mexico Elks Association 12

Questions have arisen about a spouse who chooses to take an Absolute Dimit or has been dropped for non-payment. The spouse may enter and stay in the Lodge based on Section 14.190 Opinion 03 of the 2016 Statutes Annotated: The exception permitting visitation of a Lodge by a nonsuspended spouse, or a delinquent Member spouse, means that the non-suspended or unaffiliated spouse is treated as if he or she were never a Member. April 2017 Grand Lodge Newsletter 6/17/2025 New Mexico Elks Association 13

Grand Lodge Statutes do not define a guest. We must look elsewhere for an applicable definition state and local laws. In New Mexico, Alcohol and Gaming regulations provide that definition ( Texas has a similar provision in their regulations): 15.10.54.7 NMAC Definitions: A. Bona fide guest means a person whose presence in the club is in response to a specific invitation by a member and for whom the member assumes responsibility 6/17/2025 New Mexico Elks Association 14

Because the definition requires a specific invitation by a Member, just allowing entrance by signing the guest book is not sufficient. So what do we do? Have a Member that is assigned responsibility for an event. Don t have the same Member assigned for all events. Have a guest list submitted in advance. Include that list in the guest book, and verify that all guests entering are on the list. Provide a means of identification for all verified guests, such as a wrist band. 6/17/2025 New Mexico Elks Association 15

Do not advertise your club/home facilities as "Open To The Public", either covertly or overtly. Visiting Elks must be required to show their membership cards and sign your guest register. All guests must be specifically invited, sign your guest register and must be accompanied by a member, who must remain with them. Only Members in good standing in the Order, their spouses and guests of Members, and those receiving Identification Cards under Section 14.140 may pay for food or drinks. (G.L.S. 14.130) 1. 2. 3. 4. 6/17/2025 New Mexico Elks Association 16

5. All members, unless recognized by the server, must show a paid-up membership card. 6. Weddings; anniversaries and other social events held in the club facilities, must be sponsored by an Elk member on a contractual basis and he must be responsible for all charges. The sponsor should not always be the same member. 7. Grand Lodge Statutes provide that certain Elks functions can be open to the public. These include Memorial Day, Flag Day, Installation of Officers, youth banquets, media or law enforcement nights, Eagle Scout observances and similar ceremonies. These occasions are restricted to free admissions and a ban on the sale of food or drink to the public. 6/17/2025 New Mexico Elks Association 17

As Elks Lodges, our primary duty is to perform our charitable and benevolent work in our communities. Our club operations are present as a reward we, as members, can enjoy. Inviting guests to our Lodges can help bring new members into our Order, but should be done judiciously. Falling into the place of Public Accommodation trap can end the life of an important community resource, something we must avoid at all costs. 6/17/2025 New Mexico Elks Association 18

Subject to state and local laws, the use of the Home or Club facilities shall be limited to Members in good standing in the Order, their spouses and guests of Members, and those receiving Identification Cards under Section 14.140, as provided in the House Rules, so as to preserve the privacy of the use of such facilities to the Members of the Order. Local Lodges shall take appropriate action to conform to the provisions of this Section. 6/17/2025 New Mexico Elks Association 19