OPERATING RULES FOR

THE CORAL CASINO'S MEMBER COMMITTEE

 

TABLE OF CONTENTS

TABLE OF CONTENTS       1

 

RECITALS     2

 

RULES           3

 

ARTICLE I - NAME AND PURPOSE        3

 

Section 1.1.  NAME   3

 

Section 1.2.  PURPOSE         3

 

ARTICLE II - STRUCTURE, ELECTION  3

 

a.  NUMBER OF MEMBERS           3

b.  QUALIFICATIONS         3

c.  OVERLAPPING TERMS            3

d.  LENGTH OF TERMS      3

 

Section 2.2.   ELECTION  OF  CORAL  CASINO'S  MEMBER  COMMITTEE  MEMBERS   4

a.  NOTIFICATION OF ELECTION           4

b.  NOMINATING PETITION         4

c.  CERTIFICATION, POSTING     4

d.  CERTIFICATION, REVIEW      4

e.  ELECTION NOT REQUIRED    4

f.  BALLOTS, ELECTION   4

g.  SUBMISSION AND COUNTING OF BALLOTS        5

h.  TERMS, TIE VOTE          5

i.  ELECTION CHALLENGE          5

k.  VACANCY           5

 

ARTICLE III - MEETINGS, COMMITTEES,

 

DELINQUENCIES           5

 

Section 3.1.  MEETINGS OF THE CORAL CASINO'S MEMBER COMMITTEE          5

 

a.  MEETING DATES AND TIME, CONTINUANCES    5

b. UNEXCUSED ABSENCES         5

c.  RESIGNATION    6

d.  HOTEL REPRESENTATIVES   6

e.  AGENDAS            6

(i)  CONTENT, ADDITIONAL ITEMS BY MEMBERS    6

(ii) ORGANIZATION           6

(iii) UNCOMPLETED BUSINESS   6

(iv)  DISTRIBUTION BY CLUB MANAGER       6

f.  MINUTES  6

 

Section 3.2.  ORGANIZATION        7

a.  OFFICERS            7

b.  ELECTION OF OFFICERS         7

c.  SUBCOMMITTEES - MEMBERS, APPOINTMENT OF CHAIRS AND MEMBERS.          7

d.  PROXIES  7

 

Section 3.3.  STANDING SUBCOMMITTEES       7

a.  FOOD.       7

b.  HOUSE.    7

c.  MINUTES.            7

d.  NEW MEMBERS.            7

e.  RECREATION.    8

f.  RULES.      8

g.  SOCIAL.   8

h.  YOUTH.    8

 

Section 3.4.  NEW MEMBERS         8

a.  POSTING  8

b.  REVIEW AND RECOMMENDATION TO MEMBER COMMITTEE, REQUIREMENT FOR APPROVAL BY MEMBER COMMITTEE            8

c.  TEMPORARY GUEST PRIVILEGES    8

d.  MONTHLY MEMBERSHIP STATUS REPORT TO MEMBER COMMITTEE, WAITING LIST    8

 

Section 3.5.  DELINQUENT ACCOUNTS  9

 

Section 3.6.  TERMINATION AND SUSPENSION           9

 

ARTICLE IV - AMENDMENT OF RULES            9

 

Section 4.1.  AMENDMENT OF THESE RULES.  9

 

CERTIFICATION     9

 

HISTORY      10

 

APPENDIX A - AGENDA - September 13, 1994    11

 

APPENDIX B - Minutes for December 12, 1995      12

 

 

                                                                           RECITALS

 

A. WHEREAS, the Conditional Use Permit (Case No. 78-CP-14) for the expansion of the Biltmore Hotel was approved by Santa Barbara County in 1980;

 

B. WHEREAS, said Conditional Use Permit was also approved by the California Coastal Commission;

 

C. WHEREAS, there was a legal challenge to the approval of the Conditional Use Permit, but it was not successful and the California Supreme Court denied a hearing the appeal;

 

D. WHEREAS, on May 5, 1982, the Marriott Corporation (then owner of the Biltmore Hotel) accepted the conditions and limitations in and that the proposed activities will be conducted in accordance therewith;
 

E. WHEREAS, Conditions 5, 7, 17, 27, 28, 29 and 32 of said Conditional Use Permit refer specifically to the Coral Casino;

 

F. WHEREAS, Condition 17. a) states that "The Coral Casino shall remain a private club;"

 

G. WHEREAS, Condition 32 states that "A committee of at least seven members of the Coral Casino elected from time to time by the membership, known as the Coral Casinos Member Committee, shall be consulted on all substantial changes in major Coral Casino policies including, but not limited to, hours of operation, dues, staffing levels, conditions of membership, and membership applications;" and

 

H. WHEREAS, Coral Casino's Member Committee was known as the "Board of Advisors", but shall hereinafter be known as the Coral Casino's Member Committee. 

 

                                                                               RULES

 

NOW THEREFORE, be it resolved that the Coral Casino's Member Committee adopts the following Rules:

 

                                                     ARTICLE I - NAME AND PURPOSE

 

Section 1.1.  NAME.  This committee shall be known as the CORAL CASINO'S MEMBER COMMITTEE, MEMBER COMMITTEE or COMMITTEE of the Coral Casino Beach and Cabana Club.

 

Section 1.2.  PURPOSE.  The CORAL CASINO'S MEMBER COMMITTEE was established: (1) to act as a liaison between the members of the Coral Casino and the management of the Four Seasons Corporation and Ownership (TWH), (2) to coordinate the activities of the Coral Casino (3) to be consulted on all substantial changes in major Coral Casino policies including, but not limited to, hours of operation, dues, staffing levels, conditions of membership, and membership applications.

 

                                                  ARTICLE II - STRUCTURE, ELECTION

 

Section 2.1.  STRUCTURE AND QUALIFICATIONS OF THE CORAL CASINO'S MEMBER COMMITTEE

 

a.  NUMBER OF MEMBERS.  The CORAL CASINO'S MEMBER COMMITTEE shall consist of  ten (10) members, elected by ballots submitted by the members of the Coral Casino.

 

b.  QUALIFICATIONS.  A person running for election to the CORAL CASINO'S MEMBER COMMITTEE shall be a member in good standing of the Coral Casino Beach and Cabana Club for at least three (3) continuous years when elected or appointed to serve on the MEMBER COMMITTEE.  No more than one person of a membership shall serve as a member of the MEMBER COMMITTEE.

 

c.  OVERLAPPING TERMS.  Three (3) members shall be elected each year of two (2) years and four (4) members shall be elected every three years commencing in 1998 for the 1999 through 2001 terms.

 

d.  LENGTH OF TERMS.  Each elected member shall serve for a period of three (3) years, beginning with the January meeting following their election, except for those members elected to complete the balance of an unexpired term.

 

Section 2.2.   ELECTION  OF  CORAL  CASINO'S  MEMBER  COMMITTEE  MEMBERS

 

a.  NOTIFICATION OF ELECTION.  In September of each year, the Club Manager shall mail a notice to all members of the Coral Casino advising the members of the number of openings on the CORAL CASINO'S MEMBER COMMITTEE and the procedure for submitting nominations for election to the MEMBER COMMITTEE.  The Club Manager shall have forms for nominating petitions available for prospective nominees, but nominees do not have to use those forms.

 

b.  NOMINATING PETITION.  Each nominating signature shall be accompanied by the membership number of each member signing the nominating petition and the date of the signature.  A candidate for membership to the CORAL CASINO'S MEMBER COMMITTEE must receive at least twenty (20) valid signatures of members of the Coral Casino with each signature having a membership number and date of signature.  Only one signature for each membership shall be counted.   The nominating petitions must be submitted to the Club Manager by October 31.

 

c.  CERTIFICATION, POSTING.  The Club Manager or the Club Manager's designee shall review each nominating petition and certify that each of those petitions do or do not qualify the nominee as a candidate for the ballot.  The Club Manager shall then submit these petitions to the Chairperson of the CORAL CASINO'S MEMBER COMMITTEE or the Chairperson's designee on or before November 4.  The Chairperson of the MEMBER COMMITTEE or Chairperson's designee shall review these petitions and certifications for correctness and return them to the Club Manager or the Club Manager's designee before November 10.  The Club Manager shall post the names of the nominees who have been certified for the ballot on or before November 10.

 

d.  CERTIFICATION, REVIEW.  The ballot shall include only names that have been certified by the Chairperson or the Chairperson's designee.  If any person who filed a nominating petition wants to contest the Chairperson's certification for correctness, that person can file a petition for review with the Club Manager on or before November 13 which will be heard at the next CORAL CASINO'S MEMBER COMMITTEE meeting.  If a petition for review is filed, the COMMITTEE shall consider that petition, make a determination if that petition should be granted or denied and advise the Club Manager which names should be on the ballot. 

 

e.  ELECTION NOT REQUIRED.  An election is not required if there are no more certified candidates for positions on the CORAL CASINO'S MEMBER COMMITTEE than there are vacancies.  Such candidates shall be deemed elected to the MEMBER COMMITTEE and if their terms are not of equal length, the length of their terms shall be determined by a drawing.

 

f.  BALLOTS, ELECTION.  Each ballot shall list the names of all certified candidates and shall have places for the signature and membership number of the member who votes. The Club Manager shall advise members that their ballot is not valid unless it is signed and contains their membership number.  The Club Manager shall distribute ballots to all members immediately after November 13 if no petition for review is filed.  If a petition for review is filed, the Club Manager shall distribute ballots to all members immediately after the CORAL CASINO'S MEMBER COMMITTEE acts upon the petition.   Ballots shall be mailed to the Coral Casino or deposited with the office at the Coral Casino prior to December 10. 

 

g.  SUBMISSION AND COUNTING OF BALLOTS.  The ballots shall be kept in a secure place and shall be counted on December 10 or as soon as reasonably practical thereafter.  The CORAL CASINO'S MEMBER COMMITTEE shall appoint an ad hoc subcommittee to monitor the election and to count the ballots.   After all the ballots have been submitted, the subcommittee that counts the ballots, shall first check the ballots to see that the membership numbers are shown on a current membership list and that those numbers correspond to the signatures.  Each membership shall have only one vote.    The invalid ballots shall not be counted.  The ballots shall be saved by the chair of the Member Committee in a secure place for the longer of ninety (90) days after the election or for as long as there is any challenge to the election.  However, the Member Committee is authorized to designate another custodian of the ballots.

 

h.  TERMS, TIE VOTE.  The candidates receiving the highest number of votes shall be elected to the vacant positions on the CORAL CASINO'S MEMBER COMMITTEE.  If the terms that are up for election are of varying lengths, the candidates receiving the highest number of votes shall be elected to the longer terms in the order of the number of votes that they received.  In the event of a tie vote, the newly elected MEMBER COMMITTEE shall make the decision with the Chairperson only voting to break a tie vote of the MEMBER COMMITTEE.

 

i.  ELECTION CHALLENGE.  Any challenge to the election must be filed within ten (10) days after the results of the election are announced.  The members of the CORAL CASINO'S MEMBER COMMITTEE (1) who are not up for election and (2) whose election to the MEMBER COMMITTEE will not be affected by the challenge shall determine the challenge and the decision of those members of the MEMBER COMMITTEE shall be final.

 

k.  VACANCY.  If a vacancy occurs on the CORAL CASINO'S MEMBER COMMITTEE, the vacancy shall be filled with appointment by the MEMBER COMMITTEE.  That appointment shall be until the next regular election when there shall be a vacancy for the remainder of any portion of that existing term.

 

              ARTICLE III - MEETINGS, COMMITTEES, DELINQUENCIES

 

Section 3.1.  MEETINGS OF THE CORAL CASINO'S MEMBER COMMITTEE

 

a.  MEETING DATES AND TIME, CONTINUANCES.  The CORAL CASINO'S MEMBER COMMITTEE meets on the third Thursday of each month at 5:30 p.m. in the Seagull meeting room, except if the meeting is canceled by the Chairman, Chairwoman or Chairperson.  If the meeting is canceled, it will automatically be rescheduled to be held on the following Thursday at the same time and place.  However, if the majority of the members of the Member Committee object in writing to having the meeting on the rescheduled date and specify another date, the meeting will be held on the other date that they have specified

 

b. UNEXCUSED ABSENCES.  Any member of the CORAL CASINO'S MEMBER COMMITTEE having more than three unexcused absences from scheduled meetings of the MEMBER COMMITTEE in a one year period, will be asked to resign their position on the MEMBER COMMITTEE.  If a member of the MEMBER COMMITTEE does not resign his or her position after being requested to do so in such a situation, the MEMBER COMMITTEE may at a regularly scheduled meeting and after notice remove the person from his or her position on the MEMBER COMMITTEE, declare a vacancy of that position, notify members of a vacancy on the MEMBER COMMITTEE and appoint a person to the vacant position.

 

c.  RESIGNATION.  Resignation from the CORAL CASINO'S MEMBER COMMITTEE shall be by letter.

 

d.  HOTEL REPRESENTATIVES.  The Hotel General Manager and the Club Manager, or their representatives, shall be present at each meeting.

 

e.  AGENDAS

(i)  CONTENT, ADDITIONAL ITEMS BY MEMBERS.  The Chair of the Member Committee shall be responsible for the organization and content of the agendas.  However, any member of the Member Committee may have an item placed on the agenda, but the name of that member shall be placed in parenthesis after that item.

(ii) ORGANIZATION.  The agendas shall be organized with sections for (a) the Manager's report, (b) Subcommittee reports, (c) old business, (d) new business and (e) an informal round table discussion for members of the Committee.  A sample copy of an agenda is attached hereto as Appendix A.

(iii) UNCOMPLETED BUSINESS.  Business that is not completed at one meeting shall  be carried over to the next meeting as old business.

(iv)  DISTRIBUTION BY CLUB MANAGER.  The Club Manager shall (a) distribute agendas and supporting documents for each meeting of the CORAL CASINO'S MEMBER COMMITTEE to each member of the MEMBER COMMITTEE and (b) post the agenda in a prominent place at the Coral Casino Beach and Cabana Club at least seven (7) days prior to the meeting of the MEMBER COMMITTEE.

 

f.  MINUTES. 

i.  FORM, DISTRIBUTION.  The minutes shall have complete sentences and shall have headings for the various matters.  Each section shall be appropriately numbered or lettered in outline form.  An acceptable format is contained in the sample minutes and is attached  hereto as Appendix B.  Within one week after a meeting, a draft of the minutes of each meeting accurately reflecting the proceedings  shall be prepared and faxed or mailed by the Club Manager to each  member of the CORAL CASINO'S MEMBER COMMITTEE.  If all members of the Member Committee do not receive this draft within one week after the meeting, the Minutes Subcommittee shall prepare draft minutes without input from management.  Within the latter of fourteen (14) days after the meeting or one week after receiving the draft minutes from the Club Manager, the Minutes Subcommittee shall submit its amendments and corrections to the Club Manager. 

ii.  EXPEDITED DISTRIBUTION, APPROVAL OF MINUTES BY MEMBER COMMITTEE.  Within three days after receiving those amendments or corrections, the Club Manager shall include those amendments and corrections in a draft version of the minutes and shall distribute that draft version or the draft version that was prepared by the Minutes Subcommittee to the entire Member Committee.  After review and approval of the minutes by the MEMBER COMMITTEE  and signature by the Chairperson of the MEMBER COMMITTEE, the Club Manager shall promptly send copies of the minutes to  all  members of the Club. 

iii.  RECORD OF MINUTES SHALL BE RETAINED BY CLUB MANAGER.  A complete record of minutes shall be retained by the Club Manager and it can be reviewed by any member of the Club.

 

a.  OFFICERS.  The presiding officer of the CORAL CASINO'S MEMBER COMMITTEE shall be a Chairman, Chairwoman or Chairperson.  A Vice Chairman, Vice Chairwoman or Vice Chairperson shall serve in place of the absence of the Chairman, Chairwoman or Chairperson.  If the position of Chairman, Chairwoman or Chairperson becomes vacant, the Vice Chairman, Vice Chairwoman or Vice Chairperson shall serve the remainder of that term. Each of the subcommittees shall have a Chairman, Chairwoman or Chairperson who is the presiding officer of that subcommittee and is responsible for its operation.

 

b.  ELECTION OF OFFICERS.  The officers of the CORAL CASINO'S MEMBER COMMITTEE and its subcommittees shall be elected in January of each year and their terms shall terminate when new officers are elected the following January.

 

c.  SUBCOMMITTEES - MEMBERS, APPOINTMENT OF CHAIRS AND MEMBERS.  The CORAL CASINO'S MEMBER COMMITTEE must approve each member who serves on any subcommittee of the MEMBER COMMITTEE.  A member of the MEMBER COMMITTEE can serve on as many subcommittees as are approved by the MEMBER COMMITTEE.  A member of the Coral Casino Beach and Cabana Club who is not a member of the MEMBER COMMITTEE can serve on subcommittees, but cannot be its Chairman, Chairwoman or Chairperson.  The Chair of the Member Committee shall appoint the chairs and the members of the various subcommittees.

 

d.  PROXIES.  A member of the CORAL CASINO'S MEMBER COMMITTEE can give his or her proxy to use at a meeting, but that proxy cannot be counted to amend these Rules nor can it be counted as attending a meeting for the purposes of Section 3.1.b. (UNEXCUSED ABSENCES) of these Rules. 

 

Section 3.3.  STANDING SUBCOMMITTEES

 

a.  FOOD.  This subcommittee shall be responsible for making suggestions to the Club Manager regarding Food & Beverage at the Club.  Its area of responsibility includes, but is not limited to, improvement of services, pricing, menus and usage.

 

b.  HOUSE.  This subcommittee shall handle matters which have been delegated to it by the Chair of the Member Committee and it shall report to the MEMBER COMMITTEE.  It shall be responsible for but not limited to proposing solutions for solving (1) minor matters concerning requests for facility or service improvements at the Club and (2) recurring problems of such nature (3) items that do not fit into the venue of other sub-committees.

 

c.  MINUTES.  The purpose of this Subcommittee is to expedite the accurate preparation and distribution of the minutes to the Club’s members.  The Minutes Subcommittee shall ensure the preparation of the minutes.

 

d.  NEW MEMBERS.  This subcommittee shall review all applications for membership to the Coral Casino Beach and Cabana Club and make a recommendation for approval or rejection of membership to the CORAL CASINO'S MEMBER COMMITTEE which has the authority to approve or reject an application.  It shall also conduct an "interview" of all applicants as an orientation.  An applicant for membership can only be approved by the MEMBER COMMITTEE.

 

e.  FITNESS.  This subcommittee shall be responsible for making suggestions to the Club Manager regarding improvements to the locker rooms, pool, pool deck area, spa, beach, gymnasiums and upper deck areas.  This subcommittee shall also make suggestions regarding pool activities, pool hours, tennis, exercise classes, swimming lessons, pool, spa and other recreational activities and regulations.

 

f.  RULES.  This subcommittee shall be responsible for making suggestions to the MEMBER COMMITTEE for changes to or interpretations of these Rules.

 

g.  SOCIAL.  This subcommittee shall be responsible for making suggestions to the Club Manager regarding dances, parties and other special events and activities of interest to the members.  This subcommittee shall attempt to determine the types of dances, other special events and other activities of interest desired by the members and actively encourage the attendance at those events and activities.  The scope of this subcommittee shall not include activities of the pool, beach or food.

 

h.  YOUTH.  This subcommittee shall be responsible for making suggestions to the Club Manager regarding teenagers and other youth at the Club.  Its area of responsibility includes, but is not limited to, improvement of activities, providing more opportunities and usage.

 

Section 3.4.  NEW MEMBERS. 

 

a.  POSTING.  The names of potential new members along with the names of the members who propose and second them for membership shall be posted at the Club in a conspicuous place.  This posting shall be for at least 30 days prior to consideration by the New Members Subcommittee, but not more than 60 days prior to consideration by the New Members Subcommittee.  This posting shall give members time to submit comments to the New Members Subcommittee in a timely manner for consideration by the New Members Subcommittee.

b.  REVIEW AND RECOMMENDATION TO MEMBER COMMITTEE, REQUIREMENT FOR APPROVAL BY MEMBER COMMITTEE.  After reviewing those comments and meeting with the potential member, the New Member Subcommittee shall make a recommendation of approval or rejection to the Member Committee.  An applicant for membership can only be approved for admission as a member to the Club by the Member Committee.

c.  TEMPORARY GUEST PRIVILEGES.  A potential member whose application is pending before the Member Committee and has been properly posted in accordance with Subsection a. of this Section shall be entitled to guest privileges for a period not to exceed sixty (60) days.

d.  MONTHLY MEMBERSHIP STATUS REPORT TO MEMBER COMMITTEE, WAITING LIST.  The Club Manager shall give the Member Committee a monthly membership status report which (i) gives the number of regular, social, non-resident, junior, single and absentee members, (ii) the names of proposed members, (iii) the names of potential members to meet with the Member Committee, (iv) the names of members who resigned and the reasons therefore, if known and (v) the waiting list for memberships.  The waiting list shall contain (i) the names of persons desiring to submit applications, (ii) the names of the members who proposed and seconded each of those applicants and (iii) the date that the application was submitted to the Coral Casino.