Edwards v. Pitt County Health Director
Edwards v. Pitt County Health Director
Concurring Opinion
concurring in separate opinion.
I agree with the majority’s reliance on Liebes v. Guilford Cnty. Dep’t of Pub. Health, _ N.C. App. _ 713 S.E.2d 546 (2011) to resolve this issue, but I believe that the majority’s interpretation of the country club exemption unduly narrows the force and effect of the statute.
“Where a statute contains two clauses which prescribe its applicability, and the clauses are connected by a disjunctive (e.g. “or”), the
N.C. Gen. Stat. § 130A-492(11) (2011) states,
A country club or an organization that maintains selective members, is operated by the membership, does not provide food or lodging for pay to anyone who is not a member or a member’s guest, and is either incorporated as a nonprofit corporation in accordance with Chapter 55A of the General Statutes or is exempt from federal income tax under the Internal Revenue Code as defined in G.S. 105-130.2(1). For the purposes of this Article, private club includes country club, (emphasis added).
The majority opines that the “country club” exemption only applies to “nonprofit country clubs and does not. . . exempt for-profit country clubs.” Under the majority’s interpretation, the “country club” and “an organization” are nearly identical. I do not believe that the legislature intended to limit the “country club” exception to non-profit country clubs, especially where juxtaposed to the term “country club”, the legislature made another exception for non-profit organizations. Here, the legislature could not have intended to use this disjunctive if both categories had the same characteristics. The majority’s approach to applying the “country club” exception creates a redundancy and unnecessarily limits the reach of the statute.
Opinion of the Court
While generally prohibiting smoking “in all enclosed areas of restaurants and bars,” section 130A-496 of the smoking ban provides that “[s]moking may be permitted in . . . [a] private club.” N.C. Gen. Stat. § 130A-496 (2011). Section 130A-492(11) defines a “private club” as follows:
A country club or an organization that [(1)] maintains selective members, [(2)] is operated by the membership, [(3)] does not provide food or lodging for pay to anyone who is not a member or a member’s guest, and [(4)] is either [(a)] incorporated as a nonprofit corporation in accordance with Chapter 55A of*454 the General Statutes or [(b)] is exempt from federal income tax under the Internal Revenue Code as defined in [section] 105-130.2(1). For the purposes of this Article, private club includes country club.
N.C. Gen. Stat. § 130A-492(11) (2011). Petitioners contend, and we agree, that the above statutory definition, read as a whole and interpreted to avoid superfluity,
The question raised by Petitioners before the trial court, and the issue before this Court on appeal, is whether exempting country clubs from the smoking ban, but not the establishments, is unconstitutional.
Where statutory language is clear and unambiguous, our Courts do not “engage in judicial construction but must apply the statute to give effect to the plain and definite meaning of the language.” Fowler v. Valencourt, 334 N.C. 345, 348, 435 S.E.2d 530, 532 (1993). “The plain meaning of words may be construed by reference to standard, nonlegal dictionaries.” State v. Webb, 358 N.C. 92, 97, 591 S.E.2d 505, 511 (2004) (internal quotation marks omitted). In this case, however, dictionaries offer no clear, unambiguous definition of the term “country club.” See Webster’s Third New International Dictionary 521 (2002) (defining “country club” as “an upper-class suburban or outlying club or clubhouse for social life, golf, and other recreation”); The Random House Dictionary of the English Language 463 (2d ed. 1987) (“[A] club, usually in a suburban district, with a clubhouse and grounds, offering various social activities and generally having facilities for tennis, golf, swimming, etc.”); The American Heritage Dictionary 463 (4th ed. 2000) (“A suburban club for social and sports activities, usually featuring a golf course”). Indeed, the dictionary entries seem to agree only that country clubs usually are suburban and feature social and recreational activities; any other characteristics are not universally applicable. We further note that (1) our General Statutes contain no definition of the term, and (2) the statutory codes of other jurisdictions, like the dictionary entries, are not in agreement as to what precisely constitutes a country club. See, e.g., Fla. Stat. § 501.013(5) (2011) (for exemption from certain consumer protection requirements, a country club (1) must “ha[ve] as its primary function the provision of a social life and recreational amenities to its members, and for which a program of physical exercise is merely incidental to membership”; and (2) is defined as “a facility that offers its members a variety of services that may include, but need not be limited to, social activities; dining, banquet, catering, and lounge facilities; swimming; yachting; golf; tennis; card games such as bridge and canasta; and special programs for members’ children”); Md. Code Ann., Alcoholic Beverages § 6-301(6)(iii) (2011) (for purpose of issuance of alcohol licenses, a “golf and country club” must have “200 or more bona fide members paying dues of not less than $75 per annum per member” and must “maintain[] . . . two or more tennis courts, a swimming pool at least 30 feet by 80 feet in size, and a regular or championship golf course of nine holes or more”). We con-
As specified in section 130A-491, titled “Legislative findings and intent”:
It is the intent of the General Assembly to protect the health of individuals in public places . . . from the risks related to secondhand smoke.
N.C. Gen. Stat. § 130A-491(b) (2011). The fact that the legislature’s stated intent is to protect individuals in public places from the dangers of secondhand smoke, along with the fact that the language allowing smoking in country clubs is situated in the subsection defining “private club,” is a clear indication that an interpretation of “country club” that “give[s] effect to the legislative intent” of the statutes would be one that only exempts private country clubs from the smoking ban. Conversely, an interpretation that allows smoking in public country clubs would, without question, “defeat or impair the object of the statute.” Thus, we conclude that the legislature’s exemption of country clubs from the smoking ban applies only to private country clubs and does not exclude public country clubs. The question, then, becomes, “When is a country club a private country club?”
As noted in this Court’s recent decision in Liebes, courts have looked at various factors to determine when a club is private rather than public. _ N.C. App. at _, 713 S.E.2d at 555 (citing the “multi-factor framework set forth in United States v. Lansdowne Swim Club, 713 F. Supp. 785 (E.D. Pa. 1989)” and various cases applying that analysis). Our legislature, too, considers several elements as determinative of private status and, indeed, has yet to settle on a single set of factors to make that determination, applicable in all instances. See N.C. Gen. Stat. § 18B-1000(5) (2011) (defining a “private club” as “[a]n establishment that is organized and operated solely for a social, recreational, patriotic, or fraternal purpose and that is not open to the general public, but is open only to the members of the organization and their bona fide guests”). But see N.C. Gen. Stat. § 130A-247(2) (2011) (“ ‘Private club’ means an organization that maintains selective members, is operated by the membership, does not provide food or lodging for pay to anyone who is not a member or
Initially, we note that the vast weight of authority uses nonprofit status as a factor weighing in favor as a requisite determination that a club is truly private. See, e.g., Welsh v. Boy Scouts of America, 993 F.2d 1267, 1277 (7th Cir. 1993) (holding that a club’s nonprofit status supports the conclusion that the club is private); Lansdowne Swim Club, 713 F. Supp. at 804 (holding that a club’s nonprofit status “supports] its claim that it is a private club”); N.C. Gen. Stat. § 130A-247(2) (private club must be nonprofit).
Beyond regularly serving as a requisite for private status in legal analysis, nonprofit status, in and of itself, presumptively ensures that a country club is truly, rather than nominally, a private club. From an economics standpoint, it is considered a given that the primary aim of a for-profit entity is profit maximization. See, e.g., James F. McDonough III, Comment, The Myth of the Patent Troll: An Alternative View of the Function of Patent Dealers in an Idea Economy, 56 Emory L.J. 189, 208 (2006) (noting that “the overriding motive of a for-profit firm is to maximize profits” (citing R.H. Coase, The Nature of the Firm, 4 Economica 386, 390-92 (1937))); Srikanth Srinivasan, Note, College Financial Aid and Antitrust: Applying the
Further, as evidenced by the legislature’s creation of a private club exception in the first place, it is clear that the legislature, while attempting to protect individuals in public places, also sought to limit the impact of the smoking ban on the rights of association of members of organizations that are truly private. Cf. Coastal Ready-Mix
It is also notable that the legislative history of the statute reveals that the legislature’s initial definition of “private club” in the proposed bill was nearly identical to the definition of private club in section 18B-1000(5), the main difference being an additional nonprofit requirement not found in section 18B-1000(5). See Act of May 19, 2009, ch. 27, 2009 N.C. Sess. Laws 39 (private club exception first introduced in the fourth edition of House Bill 2); see also N.C. Gen. Stat. § 18B-1000(5). We find it significant that, presented with two differing statutory definitions of “private definition with a nonprofit requirement, one without, compare N.C. Gen. Stat. § 18B-1000(5), with N.C. Gen. Stat. § cognizant of those differing definitions, Williams v. Alexander Cnty. Bd. of Educ., 128 N.C. App. 599, 603, 495 S.E.2d 406, 408 (1998) (“In ascertaining the intent of the legislature, the presumption is that it acted with full knowledge of prior and existing laws.”), the legislature chose to model the statutory definition in the smoking ban after the private club definition that did not contain a nonprofit requirement, yet added to that definition a requirement that the club must be nonprofit. Clearly, then, the drafters of the smoking ban’s private club exception intended that all clubs qualifying under that exception would be nonprofit clubs. Accordingly, we conclude that an interpretation that accomplishes just that result best effectuates the legislature’s intent, as shown by the wording and legislative history of the statute.
Because we conclude that only private, nonprofit country clubs are exempt under the private club exemption, to address Petitioners’ constitutional claim we need not determine the constitutionality of exempting for-profit country clubs and not for-profit non-country club organizations. Rather, we need only determine the constitutionality of the smoking ban’s exemption of private, nonprofit country clubs, but not the establishments.
REVERSED.
. See State v. Coffey, 336 N.C. 412, 417-18, 444 S.E.2d 431, 434 (1994) (citations omitted) (stating that (I) our courts construe each word of a statute to have meaning because it is always presumed that the legislature acted with care and deliberation, and (2) a statute should not be interpreted in a manner which would render any of its words superfluous).
. We note that because no fundamental right or suspect classifications are at issue, Petitioners’ argument is subject to rational basis review. See Liebes v. Guilford Cnty. Dep’t of Pub. Health, _ N.C. App. _, _, 713 S.E.2d 546, 549, disc. review denied, _ N.C. _, 718 S.E.2d 396 (2011).
. See Barak D. Richman, Antitrust and Nonprofit Hospital Mergers: A Return to Basics, 156 U. Pa. L. Rev. 121, 130 n34 (2007) (cautioning against presuming that profit maximization “drives nonprofit behavior”); Srinivasan, 46 Stan. L. Rev. at 932 (noting that “nonprofits do not presumptively pursue profit-maximization over noncommercial goals”).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.