MIYC House Rules

MIYC House Rules

Operating and Policy Guidelines

Subject : MIYC House Rules rewrite transient, yacht crew dining

Issue Date: 26April2022

Policy Review Date: 26April2022

Review Conducted By: Nom & Gov Comm

Approved: Board of Directors

Execution: General Manager and Staff

GENERAL CLUB RULES

The Club shall not discriminate against any individual because of race, color, religion, gender, national origin, age, handicap, or marital status. Please refer to Appendix 2 – Marco Island Yacht Club Harassment Policy.

Prospective members are approved by the Board of Directors per the Membership Policy and Procedures.

Only Members, their immediate families, guests, and authorized visitors are permitted on the grounds or in the building of the Club. An immediate family member is defined as the spouse or life partner or unmarried son or daughter less than twenty-three years of age residing at the Member’s home. Ownership of a slip or lease of a slip at the Marco Island Marina Association (MIMA) does not entitle the owner or lessee to Club privileges, unless invited by the Marco Island Yacht Club. Only transients (less than one month) in the Marina are provided Club privileges.

Members and guests shall conduct themselves in a socially acceptable manner.

Service may be refused a Member or guest whose conduct, in the opinion of Club Management, is unbecoming to the Club.

No one shall stay overnight in the Clubhouse or on the Club grounds.

Food or beverages may not be brought to the Clubhouse or to the Club grounds without making prior arrangements with Club Management. The Club will exercise reasonable precautions to safeguard personal property, but under no circumstances does it assume responsibility for the personal property of Members or their guests. Other than as permitted by the Club, no petition shall be originated, solicited, circulated, or posted within the Club facilities. No gaming or gambling is allowed on the Club property unless approved by the Board of Directors and permitted by law.

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No fireworks are permitted on Club property.

No firearms or other weapons shall be carried by any Member or guest on Club property.

All records and documents relating to the Marco Island Yacht Club are the sole property of the Club. Members are not authorized to review or duplicate them or divulge them to anyone outside the Club without written authorization by the Board of Directors.

THE CLUBHOUSE

The Club’s hours of operation shall be established and published by the Club and are subject to change.

All public rooms in the clubhouse are available for private use by Members, but advance reservations are required. Arrangements should be made with the Club Management. Dogs or other pets (with the exception of service or emotional support animals) are not permitted in the clubhouse. Pets contained in carriers or on leash may stay at the Burgee Bar.

Smoking is permitted only in designated areas.

No Member, visitor or guest is allowed in the service areas of the Club.

No commercial advertisements shall be posted or circulated in the Club except as permitted by the Board of Directors. The Club Roster is for the sole use of Club Members. Any commercial or outside use of the Club’s membership roster is prohibited. Members may provide decorative pieces to the Club, the acceptance and display of which will be subject to the approval of the Board of Directors. Display of the decorative pieces will be the responsibility of Club Management, subject to approval of the Board of Directors or the Committee Chair of Buildings and Grounds.

CELL PHONE USAGE

Members and guests should place their cellular telephones on mute when inside the building. Individuals are asked to step outside the Club and Burgee Bar when making or receiving a call. A cell phone may be used in a conference room during a meeting concerning Club business. All other cell phone functions (e.g., texting and reviewing information) are permitted.

RESERVATIONS AND CANCELLATIONS

Members are expected to make reservations for all meals, events, banquets, and parties. The integrity and timeliness of reservations is critical to achieving and maintaining the highest quality member dining and social experience. Preparedness in terms of provisioning, staffing and member accommodations is premised upon these reservations as is the control of costs incurred as a result of reservations not honored.

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Reservations may be made on the website, through the app, telephoned, personally delivered, mailed, or e-mailed.

Reservations will be assigned on a first-received, first- choice basis. A “Save the Date” notification for Signature Events and other major Club Events will be issued up to 60 days in advance with the instructions on when reservations will be accepted. Note that some preferences may not always be met as major Club Events are very well attended. To avoid any confusion regarding seating at a reserved table, the member who made the original reservation (Table Starter) will be the only person who may add or delete names at that table. Because of the impact of cancellations, the Table Starter should be certain that all persons will attend before adding them. Members making a reservation who do not dine at the Club and have not cancelled within 24 hours of the reservation will be subject to a cancellation fee. The Club reserves the right to impose either a flat fee or higher in the case of special menu dinners in the absence of an acceptable explanation. Reservations for RSVP Special Events must be cancelled 48 hours in advance of the event or may be subject to the full per-person price of the event, charging it to the member account. Some events will have a “No Cancellation” Policy. In addition, a “no show” fee will be charged for failure to honor a reservation by transients and reciprocals. This means that persons dining on a reciprocal basis or transient boaters who reserve a table but do not dine at the Club must cancel 24 hours prior to the reservation or they will be subject to a cancellation fee. This fee must be guaranteed by credit card by the person making the reservation at the time the reservation is made. OPEN (FLA-MINGLE) TABLE For any and all members wishing to meet other members an Open Table or Fla-mingle Table will be available on most Friday evenings as well as Lunch, Dinner or Brunch when requested. All members, new or continuing, wanting to dine with other members may ask to be seated at this table or make a reservation online for the table making a comment wishing to be seated at the Open Table. GUESTS Members are encouraged to invite guests to the Club. However local residents (e.g., Collier or Lee Counties) may be invited as guests no more than four [4] times per year. (To come more than that, they need to become Members.) The same four (4) visit limit applies to Yachting Club of America Reciprocals. Members may not invite guests to special Club functions unless indicated in the invitation. (Exception: Incoming and Outgoing Commodore are allowed guests for Commodore’s Ball and Single Members may, of course, invite a partner or friend.) Guests are subject to all Club rules and regulations, and the Member hosting the guests is responsible for guests’ actions at all times. Property damaged, destroyed, or removed by a Member, a member of his/her family, or a Member’s guests must be paid for promptly by that Member.

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TRANSIENT BOATERS

Transient boaters staying overnight in the Marina will be extended the courtesy use of the Club as follows:

• The boater will sign a waiver of liability and be issued a card of invitation from the General Manager through the Marina Office at the time of check-in.

• The card of invitation is for the boater and members of their party.

• The boater will use a personal credit card for each and all in-Club charges.

• The boater and members of their party will abide by all Club Rules.

USE OF THE CLUB FACILITIES FOR FUNCTIONS

Club Management must approve Member sponsored and non-Member outside functions. Application for such approval must be made in writing to Club Management. The application must include but is not limited to:

• Name and address of person or group.

The purpose of the event.

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• Club facilities the group proposes to utilize.

Expected attendance at the event.

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• Whether or not alcoholic beverages will be served and if so, who will be responsible for payment (included in event pricing or cash bar.) In addition, the Club must be provided with what steps will be taken to assure underage persons are not served.

• If commercial activities are to take place before, during or after the event, it must be noted.

Event pricing policy will be applied to both Member and non-Member Events. Member pricing policy is available from Club Management.

RECIPROCALS

Club facilities are available to members of clubs with whom the Club has a reciprocal agreement. Any expenses incurred by an FCYC reciprocal guest may be charged to their club. Any expenses incurred by any non-FCYC reciprocal guest must be charged to a credit card. A member of a reciprocating club who has been expelled as a Member of the MIYC is not entitled to use the facilities of MIYC as a member of that reciprocating club.

CHILDREN

Children under eighteen years of age are to be supervised at all times by a responsible adult unless special arrangements have been previously made with Club Management.

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ATTIRE

Members, family, and guests and visiting boaters are expected to choose to dress in a fashion befitting the surroundings and atmosphere provided in the setting of the Club. For gentlemen, jackets are requested during fine dining. Shirts and shoes are required on the premises of the Club. Gentlemen and boys will remove their hats or caps in the Clubhouse except as part of a costume or when in club uniform. The Club Dress Code will be adjusted for fashion trends, as necessary. Please refer to Appendix 1 for the current Club Dress Code.

COMPLAINTS

Any employee not rendering courteous and prompt service should be reported to Club Management immediately. All other complaints should be made in writing to the Chairman of the HR & Operations Committee.

Club employees should report any violations of House Rules to Club Management.

SERVICE OF ALCOHOLIC BEVERAGES

No alcoholic beverages shall be served to anyone under twenty-one (21) years of age.

Any Member or guest who, in the opinion of the management or staff, has had a sufficient quantity of alcoholic beverages shall be refused further service. A car service will be called to transport the member to the place of residence at the member’s expense. Wine can be brought into the Club. Corkage fee for Equity Memberships is $10 per bottle. For all other members, it is $25 per bottle.

YACHT CREW DINING AT THE CLUB

Crews from yachts may dine in the Burgee Bar or may order takeout from the Club if the boat is docked in the marina. Yacht crews need to be advised and adhere to the Club’s Dress Code when dining in the Club. Payment will be via credit card, specifically VISA or Mastercard. If dining delivery is used, the crew is asked to go to the front of the Club to pick up their delivery orders as food delivery personnel are not permitted on the docks.

EMPLOYEES

No Member shall discipline any employee, nor shall a Member request an employee to leave the Club Facilities for any purpose whatsoever.

Members should not request special personal services from employees of the Club who are on duty.

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Employees of the Club are not permitted to deliver food or liquor outside areas designated by the Club unless sanctioned by Club Management. The Club may not employ Members and/or their immediate family unless approved by the Board of Directors. Employees and their families may not have use of the facilities, nor be the guest of a Club Member, except under very extraordinary circumstances requiring approval of the Board of Directors or the Committee Chair, Operations & HR. In the case of a complaint made against an employee, Club Management will investigate the complaint and, if required, initiate appropriate disciplinary action as prescribed in the Employee Manual.

GRATUITIES

As a convenience for Members, a gratuity, as determined by the Board, will be added to all food and beverage purchases.

HOLIDAY FUND

The Board of Directors, at the recommendation of Club Management, shall approve an amount to be billed to each Member on their October or November statement, as a suggested contribution to a Holiday Fund for all employees. The Holiday Fund provides membership with an opportunity to show appreciation to the Club Staff for all of their efforts throughout the year. Payment of such contributions is voluntary. Members may choose to contribute funds in excess of the contribution on their statement. The Board Chairman and the Chair of HR collaborating with Club Management will determine how to distribute these funds to each employee based on their hours worked as well as their performance. Funds will be distributed at the Annual Employee Holiday Party. A portion of the fund may remain undistributed each year to cover refunds to Members not wishing to participate in the fund.

PARKING

Valet service may be provided for parking at the Club at the discretion of Club Management. Members are encouraged to use this service when provided. For private functions, valet service will be provided, and the valet service charge will be included in pricing for the private function. The Club may provide for a car service billed to the Member’s account for Members wishing to utilize the service in lieu of driving and parking at the Club.

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The Boards of Directors of the Club and the Marina Association jointly manage the parking of boat trailers, overnight parking, and parking of Marina service providers.

CLUB ACCOUNTS

Club accounts are provided for the convenience of the Members. There will be no cash used for payment at the Club by Members. Accounts must be paid by e-check or credit card if utilizing the Website Bill Payment method. Members’ Club accounts will be billed monthly, and payment is due upon receipt of the statement. An account not paid by the end of the month in which it was billed will be charged a delinquent fee to be determined by the Finance Committee and the Board of Directors. Any Member who has not paid the account balance by the end of the third month will have their account billing privileges suspended, and must pay by credit card, and will lose any member discount until their account is made current. Late charges will apply. The Club may employ a collection agency to collect delinquent accounts. Repeated incidences of delinquency by a Member may result in the Member being brought before the Board for suspension. The due date for payment of Annual Dues is September 30. Dues will be invoiced no later than on the July statement (sent out in August) to give advance time for payment and give the Member the option of paying over a few months. A Member who has not paid the dues by October 10 will be contacted by telephone to establish a commitment to pay. A two-payment plan option may be offered. If payment is not received by October 31, the Member will be charged late fees .

IN THE EVENT OF AN ACCIDENT OR EMERGENCY

Any accident or injury to anyone on Club property shall be reported to Club Management immediately.

Any staff member who observes any injury (slip, fall, etc.) will report their observation to Club Management immediately. Club Management will report any incident to the Chairman of the Board.

INVESTIGATION OF COMPLAINTS AGAINST MEMBERS

Complaints against any member must be made in writing detailing the complaint and any relevant supporting information and delivered to a member of the Board of Directors. A Special Investigation Committee constituted by the Chairman of the Board will investigate a complaint made against a Club Member per the policy and procedures of the Nominating and Governance

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Appendix 1: Marco Island Yacht Club Dress Code

General

Members, family, and guests and visiting boaters are expected to dress in a way that befits our Club’s atmosphere. Shirts and shoes are required on the premises of the Club at all times. Gentlemen and young men will remove their hats or caps in the Clubhouse except as part of a costume or when in Club uniform. Ripped, torn, distressed or soiled garments have no place on Club grounds.

Dining Room - After 5 pm

“Smart or Resort C asual” is the normal attire in the dining room after 5:00 pm. Collared shirts, turtlenecks, slacks, designer jeans without rips or tears and tasteful shorts are acceptable for gentlemen. Blouses, jerseys, slacks, designer jeans without rips or tears and tasteful shorts are acceptable for ladies. Jackets are requested for men during fine dining. What not to wear? No beachwear, flip-flops, or standard blue jeans for any Members. For gentlemen, no work pants and for ladies, no leggings without a tunic.

Dining Room – Lunch

At lunch, the attire is more relaxed in the dining rooms. Collared shirts or turtlenecks are still required for men, and cargo shorts as well as flip-flops are acceptable. For ladies, denim without rips or tears and flip-flops are permitted.

Outside Dining Upstairs

When using the Balcony and Pointe areas for Dinner or Sunday Brunch, the Dining Room – After 5 pm Dress Code is in effect.

Outside Dining Downstairs

Come comfortable and casual for outdoor dining from 11:30 am through 2:00 pm. For ladies, spandex, open midriffs, leggings, denim without rips or tears and flip-flops are permitted. You can even wear beachwear with a cover-up. Shirts and shoes are always required. Resort Casual is required for Dining after 4:00 pm.

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Appendix 2: Marco Island Yacht Club Harassment Policy

General

The Marco Island Yacht Club is committed to maintaining a Member experience and work environment that is free from discrimination and harassment. Such an environment allows Members and employees at all levels of the Club fully achieve a positive and engaging Club experience and workplace. Accordingly, the Club does not authorize and will not tolerate any form of discrimination or harassment, whether intentional or non-intentional, of or by any Club Member, employee (supervisory or non-supervisory) or non-employee based on race, gender, religion, color, national origin, age, disability, or other factor protected by law. The term "harassment" for all purposes includes, but is not limited to, offensive language, jokes, or other verbal, graphic or physical conduct relating to an employee's race, gender, religion, color, national origin, age, disability, or other factor protected by law which would make a reasonable person experiencing such harassment uncomfortable in a social setting or in the work environment, or which could interfere with the person's job performance. Bullying and unwanted phone, Internet communications, and text messaging are also considered to be harassment.

Sexual Harassment

Sexual harassment is against the law and is a form of gender discrimination. It may be overt or subtle. Some behavior that is appropriate in a social setting may not be appropriate in the workplace. Sexual harassment does not refer to behavior or occasional compliments of a socially acceptable nature. It refers to behavior that is personally offensive. No Club employee, manager, member, visitor, or other person, whether employed by the Marco Island Yacht Club or not, shall threaten or suggest that another employee's refusal to submit to sexual harassment will adversely affect that person's employment, work status, evaluation, wages, advancement, assigned duties, shifts or any other terms or conditions of employment. Similarly, no employee, regardless of job title, shall promise, imply, or grant any preferential treatment in return for another employee's acceptance of conduct that is sexually harassing.

Some examples of conduct that may constitute sexual harassment include:

• Making unwelcome sexual flirtations, advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature a condition of employment • Creating an intimidating, hostile or offensive working environment by conducting these actions • Sexual innuendo or sexually suggestive comments, including but not limited to sexual- oriented "kidding," "teasing," or "practical jokes" about gender-specific traits

• Foul or obscene language or gestures

• Subtle or direct pressure or requests for sexual activities

• Unnecessary touching of an individual (or self), such as pinching, patting, or brushing up against another body

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• Graphic verbal comments about an individual's body or appearance

• Sexually degrading words used to describe an individual

• The reading or displaying in the workplace of sexually suggestive or revealing words, objects, or pictures

Sexually explicit or offensive jokes

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Sexting

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Physical assault

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Reporting

Any employee, regardless of position, or any Member of the Club who has a complaint alleging harassment or observes harassment in the workplace or in the Club environment, has a responsibility to bring the matter to the Club’s attention. Club Members, managers, employees, vendors, or even non-employees may initiate or be victims of harassment. Although the Marco Island Yacht Club encourages the employees and members to communicate directly with an alleged harasser to make clear that the harasser's behavior is unacceptable, offensive, or inappropriate, he/she is not required do so. However, it is essential that the employee notify his/her Supervisor and the Chair - HR Committee even if he/she is not certain that the offending behavior is considered harassment. The Chair - HR Committee will notify the Chairman of the Board immediately upon receiving a complaint of harassment. Likewise, a Member should notify the Commodore and/or the Chairman of the Board immediately of any perceived harassment, regardless of whether the Member is not certain the behavior in question is considered harassment.

Investigation and Discipline

The Marco Island Yacht Club will promptly and thoroughly investigate all claims of harassment. The investigation process will be as described in the By-Laws and the House Rules. Discipline will be as described in the By-Laws and House Rules. No retaliation, of any kind, against anyone raising a potential harassment situation will be tolerated.

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